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HomeMy WebLinkAboutResolution - 2012-R0379 - Contract - Artex Electric Inc.- Roadway Illumination - 10_11_2012 (3)Resolution No. 2012=110379 October 11, 2012 Item No. 5.9 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 10840 for roadway illumination for Quaker Ave -Loop 289 to US 84, by and between the City of Lubbock and Artex Electric, 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 on October 11, 2012 GLE ROB RTSON, MAYOR ATTEST: — -.0-0-- - _)�c Rebe ca Garza, City Secreta APPROVED AS TO CONTENT: arsha Reed, P.E., Chief Operating Officer APPROVED AS TO FORM: had Weaver, Assistant City Attorney vw:ccdocs.!R_ES.Contract- Artex Electric, Inc. September 25, 2012 1 BOND CHECK BEST RATING LICENSED IN TEXAS DATE BY: CONTRACT AWARD DATE: October 11, 2012 CITY OF LUBBOCK SPECIFICATIONS FOR Roadway Illumination for Quaker Ave - Loop 289 to U S Hwy 84 ITB 12-10840-RH CONTRACT: 10840 ao 0-- RO37c' city of bock TEXAS CONTRACT PREPARED BY: PURCHASING AND CONTRACT MANAGEMENT OFFICE )� 1 PAGE INTENTIONALLY LEFT BLANK III ADDENDUM 1 PAGE INTENTIONALLY LEFT BLANK I DATE ISSUED: CLOSE DATE: ADDENDUM # I ITB 12-10840-RH-Roadway Illumination for Quaker Ave -Loop 289 to US 84 September 12, 2012 September 18, 2012 @ 3:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. Bidders are invited to review the following: 1. No light heads will be required for this project. The heads will be available for pick up from the City's warehouse. Coordinate the pickup with Neil Welch 775-3254. 2. The conductor size required is a #2 instead of the #6 called out in the plans/specifications. 3. The 1 inch conduit that runs up the existing wooden poles needs to be changed to a 1 `/2 inch. 4. Ground boxes will not be required for the trans -base poles to be installed by the Contractor. (see new plan sheets) All requests for additional information or clarification must be submitted in writing PRIOR TO September 13, 2012 @ 5:00 p.m. CST and directed to: City of Lubbock, Purchasing Department Robin Holder Senior Buyer P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to (806)775-2164 or Emailed to rholder@mylubbock.us . THANK YOU, Robin Holder Senior Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the Citv of Lubbock Director of Purchasiniz and Contract Management if any language, requirements, etc., or any 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 Director of Purchasing and Contract Management no later than five (5) business days prior to the bid close date. A review of such notifieations will be made. R NORTH QUAKER LIGHTING 11 11 iI .- 11 " CONDUIT EXTENDING 10' BELOW SERVICE LINEN INSTALLED BY OTHERS 2vdii _; EXISTING i la10, SERVICE "IF i POLE P WEATHER HEAD (SUBSIDIURY TO CONDUIT) ALL W ALL WORK SHALL BE DONE ACCORDING TO TXDOT SPECIFICATIONS: 30' I 1 1/2" PVC CONDUIT ITEM 416-DRILL SHAFT FOUNDATION I ITEM 610-ROADWAY ILLUMINATION ASSEMBLIES GROUND BOX ITEM 618-CONDUIT ITEM 620-ELECTRICAL CONDUCTORS 3" PVC CONDUIT ITEM 622-DUCT CABLE ITEM 624-GROUND BOXES "A!' ITEM 628-ELECTRICAL SERVICES .DETAIL __—c$> 0 150 300 SCALE 1:300 BID NO. DESCRIPTION QUANTITY UNIT 618-2012 1 112- PVC CONDUIT LF 420 618-2022 3" PVC CONDUIT LF 2250 624-2007 GROUND BOX EA 12 620-2009 #6 BARE CONDUCTOR LF 800 620-2010 #2INSULATED CONDUCTOR LF 1600 618-2023 BORE 3" PVC CONDUIT LF 110 LEGEND Z LIGHT POLE ASSEMBLY • ARM AND FIXTURE ATTACHED TO EXISTING UTILITY DIG-TESS NOTE: CONTRACTOR SHALL CONTACT DIG-TESS (1-800-DIG-T.1 FOR UTILITY LOCAT NO LATER THAN TWO FULL WORKING DAYS PRIOR TO COMMENCING G? DING PAVING CTION dy: • Lubbock 1E3A3 N. QUAKER LIGHTING SHEET 1 OF 2 SERVICE: -MOUNT ON EXISTING WOODEN POLE -SUPPLY AND INSTALL 240/480 DISCONNECT -SUPPLY AND INSTALL PHOTO CELL -SS ENCLOSURE NORTH QUAKER LIGHTING * NEW POLE PLACEMENT SHALL BE STAKED AND APPROVED PRIOR TO INSTALLATION. *GROUND BOXES ARE NOT REQUIRED ON ST. LIGHT SPACING Z TRANS -BASE POLES. t-u 7-200'- 225' LS Z 1- 125' EE DETAIL "A" A �t a rz ILLUMINATION POLE 00' SSEMBLIES O 0 < w n00. NORTH QUAKER AVE N. QUINTON s N a 6 HF li CONDUIT E7CTENDING 10' BELOW SERVICE LINES i' INSTALLED BY OTHERS EXISTING\ SERVICE l 1 1J POLE �� WEATHER HEAD (SUBSIDIURY TO CONDUIT) ALL WORK SHALL BE DONE ACCORDING TO TXDOT SPECIFICATIONS: 30' � 1 1/2" PVC CONDUIT ITEM 416-DRILL SHAFT FOUNDATION 1 1 ITEM 610-ROADWAY ILLUMINATION ASSEMBLIES GROUND BOX ITEM 618-CONDUIT ITEM 620-ELECTRICAL CONDUCTORS 3" PVC CONDUIT ITEM 622-DUCT CABLE ITEM 624-GROUND BOXES DETAIL"A" ITEM 628-ELECTRICAL SERVICES �t�_ 0 SCALE 1:300 BID NO. DESCRIPTION QUANTITY UNIT SHEET 2 UNIT SHEET 1 TOTAL 416-2029 DRILL SHAFT 30" LF 110' 0 110' 610-2038 INS RD IL AM (lY SA) (50T-10) (.4KW)S EA 0 11 11 618-2012 1 1/2" PVC CONDUIT LF 210 420 630 618-2022 3" PVC CONDUIT LF 3120 2250 5370 624-2007 GROUND BOX EA 6 12 18 620-2009 #6 BARE CONDUCTOR LF 1000 800 1800 620-2010 #2INSULATED CONDUCTOR LF 2000 1600 3600 628-2017 SERVICE TYA EA 1 0 1 618-2023 BORE 3" PVC CONDUIT LF 50 110 160 LEGEND LIGHT POLE* ASSEMBLY • ARM AND FIXTURE ATTACHED TO EXISTING UTILITY POLE rlbbock b-kiEIAE N. QUAKER LIGHTING SHEET 2 OF 2 PAGE INTENTIONALLY LEFT BLANK ADDENDUM 2 PAGE INTENTIONALLY LEFT BLANK DATE ISSUED: CLOSE DATE: ADDENDUM # 2 ITB 12-10840-RH-Roadway Illumination for Quaker Ave -Loop 289 to US 84 September 13, 2012 September 18, 2012 @ 3:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid z (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. dd Bidders are invited to review the following: 1. The Bid Form has been revised as follows. The revised Bid Form is attached to this addendum and must be submitted with the bid. Item No. 618-2012-Conduit (PVC)(SCHD 40) (1.5 IN), including full compensation for furnishing and installing conduit; furnishing and installing fittings, junction boxes, weather heads and expansion joints; and equipment, labor, tools and incidentals, complete and in place, per linear foot. Item No. 620-2010-Elec Conductor (No.2) (INSULATED), including furnishing, installing, and testing electrical conductors and for equipment, labor, tools, and incidentals, per linear foot. Item No. 624-2007-Ground Box Ty A. Quantity has changed from 29 to 18. All requests for additional information or clarification must be submitted in writing PRIOR TO September 13, 2012 @ 5:00 p.m. CST and directed to: City of Lubbock, Purchasing Department Robin Holder Senior Buyer P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to (806)775-2164 or Emailed to rholder cumylubbock.us . THANK YOU, Robin Holder Senior Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the City of Lubbock Director of Purchasing and Contract Management if any language, requirements, etc., or any combinations thereof, �i Addendum No 2 ITB 12-10840-RH I { i 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 Director of Purchasing and Contract Management no later than five (5) business days prior to the bid close date. A review of such notifications will be made. 2 t ****REVISED**** BID SUBMITTAL FORM UNIT PRICE BID CONTRACT DATE: PROJECT NUMBER: ITB 12-10840 -RH, Roadway Illumination for Quaker Ave -Loop 289 to US 84 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 Roadway Illumination for Quaker Ave -Loop 289 to US 84, 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. BASE BID: INO DESCRIPTION UNIT QTY UNIT PRICE EXTENDED AMOUNT Illumination Pole Assembly (TY SA)(50T-10)(.40 KW)S: Payment will be made at the unit price bid 610- per each roadway illumination assembly installed, EA 11 $ $ 2038 including furnishing, installing, and testing luminaries including fuse holder and fuse, per each. Drill Shaft (Roadway Illumination Pole)(30" Diameter), including full compensation for excavation; furnishing, placing and removing casing (if necessary); furnishing, processing and recovering slurry (if necessary); pumping; furnishing and placing reinforcing steel; furnishing 416- and placing concrete, including additional concrete LF 110 $ $ 2029 required to fill an oversize casing or oversize excavation; conducting slump loss tests; backfilling; disposing of cuttings and slurry; and materials, tools, equipment, labor, and incidentals, measured by the linear foot of drilled shaft indicated in the plans. Conduit (PVC)(SCHD 40) (1.5IN), including full compensation for fiunishing and installing conduit; 618- furnishing and installing fittings, junction boxes, 2012 weather heads and expansion joints; and LF 630 $ $ equipment, labor, tools and incidentals, complete and in place, per linear foot. Conduit (PVC)(SCHD 40) (3 IlN)(TRENCH), including full compensation for furnishing and installing conduit; trenching/excavating and furnishing and placing backfill; replacing pavement 618- structure, sod, riprap, curbs, or other surface; LF 5370 $ $ 2022 marking location of conduit; furnishing and installing fittings, junction boxes, and expansion joints; and equipment, labor, tools and incidentals, complete and in place, per linear foot. Elec Conductor (No. 6) (BARE), including 620- furnishing, installing, and testing electrical LF 1800 $ $ 2009 conductors and for equipment, labor, tools, and incidentals, per linear foot. Elec Conductor (No.2) (INSULATED), including 620- furnishing, installing, and testing electrical LF 3600 $ $ 2010 conductors and for equipment, labor, tools, and incidentals, per linear foot. Elec Service Ty A : This price is full compensation for furnishing and installing paying all fees, 628- permits and other costs, making arrangements with EA 1 $ $ 2017 the utility company for all work and materials provided by the utility company, complete in place, per each. 624- Ground Box Ty A, complete in place, including 2007 furnishing and placing gravel bedding, all labor and EA 18 $ $ materials, per each. Conduit (PVC)(SCHD 40) (3 IIN)(BORE), including full compensation for furnishing and installing conduit; trenching/excavating, and furnishing and placing backfill; replacing pavement 618- structure, sod, riprap, curbs, or other surface; LF 160 $ $ 2023 marking location of conduit; furnishing and installing fittings, junction boxes, and expansion joints; and equipment, labor, tools and incidentals, complete and in place, per linear foot. Barricades and Traffic Control Devices, including XXX furnishing and installation of materials and removal MO 2 $ $ thereof, per month. Mobilization, including costs associated with move -in related equipment and labor, bid bond, ZZZ performance and construction bonds, and LS 1 $ $ insurance, per lump sum. SUB -TOTAL BASE BID $ (In case of a discrepancy between the Unit Price and the extended total for a bid item, the unit price will be taken.) Materials: Dollars ($ )_ $ Labor: Dollars ($ )_ $ Bidder's Initials i; C 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 SIXTY (60) WORKING DAYS FOR SUBSTANTIAL COMPLETION thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of ONE THOUSAND AND FORTY DOLLARS 1040 for each calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 29 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 date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total - amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of Dollars ($ ), which i it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. (Seal if Bidder is a Corporation) ATTEST: Secretary Bidder acknowledges receipt of the following addenda: Addenda No. Date. (' Addenda No. Date Addenda No. Date Addenda No. Date Date: Authorized Signature (Printed or Typed Name) Company Address City, County State Telephone: Fax: Zip Code FEDERAL TAX ID or SOCIAL SECURITY No. EMAIL: M/WBE Firm: Woman Black American Native American Hispanic American I I Asian Pacific American Other (Specify) Contractor Checklist Before submitting your bid, please ensure you have completed and included the following documents in the order they are listed. The contractor is only to submit (1) one original copy of every item listed. 1. x 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. 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. In case of a discrepancy between the Unit Price and the ,. Extended Total for a Bid item, the Unit Price will be taken."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. x 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. x 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. 4. x Clearly mark the bid number, title, due date and time and your company name and address on the outside of the envelope or container. 5. x Ensure your bid is RECEIVED by the City of Lubbock Purchasing and Contract Management Office prior to the deadline. Late bids will not be accepted. 6. x Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with Bid. 7. x Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITYnumber. 8. x Complete and submit the LIST OF SUB -CONTRACTORS. DOCUMENTS REQUIRED WITHIN SEVEN BUSINESS DAYS AFTER CLOSING: 9. x 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. Artex Electric Inc. (Type or Print Company Name) 2 PAGE INTENTIONALLY LEFT BLANK INDEX L ..i 1 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL — (must be submitted by published due date & time) 3-1. UNIT PRICE BID SUBMITTAL FORM 3-2. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT j 3-3. SAFETY RECORD QUESTIONNAIRE J 3-4. SUSPENSION AND DEBARMENT CERTIFICATION 4. LIST OF SUB -CONTRACTORS ., 5. PAME T BOND Y N 6. PERFORMANCE BOND 7. CERTIFICATE OF INSURANCE 8. CONTRACT 9. GENERAL CONDITIONS OF THE AGREEMENT 10. DAVIS BACON WAGE DETERMINATIONS . 11. SPECIAL CONDITIONS (IF APPLICABLE) 12. SPECIFICATIONS PAGE INTENTIONALLY LEFT BLANK NOTICE TO BIDDERS ITB 12-10840-RH Sealed bids addressed to Marta Alvarez, Director of Purchasing and Contract Management, 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 3:00 P.M. on September 18th, 2012 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: "Roadway Illumination for Quaker Ave -Loop 289 to US 84" After the expiration of the time and date above first written, said sealed bids will be opened in the City council Committee Room 103 located in City Hall, at 1625 13th Street, Lubbock, TX., 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 Office for the City of Lubbock, before the expiration of the date above first written. Bids are due at 3:00 P.M. on September 18th, 2012 and the City of Lubbock City Council will consider the bids on March 29, 2012 at the City Hall, 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 $50,000. Said statutory bonds should be issued by a company carrying a current Best Rating of "A" or better. THE BONDS MUST BE IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND MUST BE DATED THE SAME DATE THAT THE CONTRACT WAS AWARDED. 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. THE ESTIMATED BUDGET FOR THE CONSTRUCTION OF THIS PROJECT IS $ 145,000. 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 on September 11th, 2012 at 10:00 A.M. in the Purchasing Conference Room in City Hall, Room 204, upstairs at 1625625 13tStreet, Lubbock, Texas. 4 Plans and specifications can be viewed online and downloaded from WWW.BIDSYNC.COM at no cost. In the event of a large file size, please be patient when downloading or viewing. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. it Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing and Contract Management Office of the City of Lubbock, which document is specifically referred to in this Notice to Bidders. Each bidder's attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises shall be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you require special assistance, please contact the Purchasing and Contract Management Office at (806) 775-2572 or write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK M artc / A Uvare/3/ PURCHASING AND CONTRACT MANAGEMENT OFFICE 5 GENERAL INSTRUCTIONS TO BIDDERS 1 BID DELIVERY TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Roadway Illumination for Quaker Ave -Loop 289 to US 84, per the attached specifications and contract documents. Sealed bids will be received no later than 3:00 P.M. on September 18, 2012 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left- hand corner: "ITS 12-10840-RH Roadway Illumination for Quaker Ave -Loop 289 to US 84" 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, Director of Purchasing and Contract Management 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 Office. 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.. L. 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, non -mandatory pre -bid conference on September I It" 2012 at 10:00 A.M. in the Purchasing Conference Room in City Hall, Room 204, upstairs at 162513t Street, Lubbock, Texas. 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 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.bidsync.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 public libraries. 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing 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 available over the Internet at www.bidsync.com and will become part of the bid package having the same z binding effect as provisions of the original ITB. NO VERBAL EXPLANATIONS OR _, INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing and i; !' Contract Management Office no later than five (5) calendar days before the bid closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing and Contract Management Office in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt a of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all 1 requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing and Contract Management Office and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing and Contract Management Office prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Purchasing and Contract s Management Office before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. - It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the bid closing date. 5 BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the J preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. i. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT A 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, , including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as t being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 7 7 LICENSES PERMITS TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8 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 INOURUES 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 responsibility to advise the Purchasing and Contract Management Office if any language, requirements, etc., or 4U 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 "SHALT; REQUEST ANY" INFORMATION "VERBALLY :ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING TIIIS INVITATION TO BID (ITB) MUST BE' SUBMITTED IN WRITING NO LATER THAN.. FIVE (5) CALENDAR. DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: Robin Holder, Senior Buyer i City of Lubbock _ Purchasing and Contract Management 1625 131h Street, Room 204 ` Lubbock, Texas 79401 Fax: 806-775-2164 Email: rholder@mylubbock.us Bidsync: www.bidsync.com 8 13 14 15 16 17 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within SIXTY (60) WORKING DAYS FOR SUBSTANTIAL COMPLETION from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims. pending, of which the Contractor has been notified. MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to complywith all the obligations contained herein. 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 9 18 19 01711 21 22 23 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. PLANS FOR THE CONTRACTOR The contractor will, upon written request, be furnished up to 4 half size 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. 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. TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 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. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. EXPLOSIVES 23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 10 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. - 23.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or t s below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the } Contractor of responsibility for any damage resulting from his blasting operations. 24 CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress, 25 INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor, A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETED OPERATIONS. 26 LABOR AND WORKING HOURS 26.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Texas Government Code, Chapter 2258, Prevailing Wage Rates providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in 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. k__ 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 Sunday 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 Sunday 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 under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors shall keep a record showing the name and occupation of each worker employed by the Contractor or subcontractor in the construction of the public work and the actual per diem wages paid to each worker. This record shall be open at all reasonable hours to inspection by the officers and agents of the City. 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, and all blank spaces in the form shall be correctly filled in, stating the price in 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 unit price and the extended total for a bid item, the unit price will be taken. A bid that has been opened may not be changed for the purpose of correcting an error in the bid price. 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 agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. 29.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: 29.3.1 Bidder's name 29.3.2 Bid for ITB 12-10840-RH, Roadway Illumination for Quaker Ave -Loop 289 to US 84 12 30 31 29.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 29.5 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and will include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bonds (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. 0) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. i "', E If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents.. QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The bidder's bid may be deemed not to meet specifications or the bid may be rejected if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required.. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference...x (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past three (3) years for review. This list shall include the names of supervisors and type of equipment used to perform work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock specifications herein. 13 1'' 32 BID AWARD f 32.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid for Bid x- Items 1 through 18 plus the sum of any Alternate Bids or Options the City may select. 32.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 32.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 32.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 32.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 32.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. 32.7 The estimated budget for the construction of this project is $ 950,000. 33 ANTI -LOBBYING PROVISION 33.1 DURING THE PERIOD BETWEEN BID SUBMISSION DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT UPON THE REQUEST OF THE CITY OF LUBBOCK PURCHASING DEPARTMENT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS. 33.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. The policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the ITB process. Its purpose is to stimulate competition, prevent favoritism and secure the best work and materials at the lowest practicable price, for the best interests and benefit of the taxpayers and property owners. Violation of this provision may result in rejection of the bidder's proposal. 34 NON -ARBITRATION 1 The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court i of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to _ exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 14 35 PREVAILING WAGE RATES 35.1 Bidders are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates, with respect to the payment of prevailing wage rates for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. A worker is employed on a public work if the worker is employed by the contractor or any subcontractor in the execution of the contract for the project 35.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less than the general prevailing rate of per diem wages for the work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. 35.3 The State of Texas has adopted the Federal Davis -Bacon wage rates for use in Texas pursuant to and in accordance with the Texas Government Code, Section 2258.022. Bidders may access the U. S. Department of Labor web site at the following web address to obtain the rates to be used in Lubbock County: http://www.wdol.gov/dba.aspx 35.4 It shall be the responsibility of the successful bidder to obtain the proper wage rates from the web site for the type of work defined in the bid specifications. 35.5 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the City of Lubbock $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. �. 15 jg } BID SUBMITTAL FORM PAGE INTENTIONALLY LEFT BLANK BID SUBMITTAL FORM UNIT PRICE BID CONTRACT DATE: PROJECT NUMBER: ITB 12-10840 -RH, Roadway Illumination for Quaker Ave -Loop 289 to US 84 Bid of r-�_)(t��Gl (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 Roadway Illumination for Quaker Ave -Loop 289 to US 84, 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. BASE BID: ITEM NO. DESCRIPTION UNIT EST. UNIT PRICE EXTENDED EXTENDED AMOUNT Illumination Pole Assembly (TY SA)(50T-10)(.40 KW)S: Payment will be made at the unit price bid 610- per each roadway illumination assembly installed, EA 11 $ `t1 a15. 00 $ 411©a5, ®C_) 2038 including furnishing, installing, and testing luminaries including fuse holder and fuse, per each. Drill Shaft (Roadway Illumination Pole)(30" Diameter), including full compensation for excavation; furnishing, placing and removing casing (if necessary); furnishing, processing and recovering slurry (if necessary); pumping; furnishing and placing reinforcing steel; furnishing 416- and placing concrete, including additional concrete LF 110 $ JrJ . 00 $ �jrj�, oo 2029 required to fill an oversize casing or oversize excavation; conducting slump loss tests; backfilling; disposing of cuttings and slurry; and materials, tools, equipment, labor, and incidentals, measured by the linear foot of drilled shaft indicated in the plans. Conduit (PVC)(SCHD 40) (LaJN), including full compensation for furnishing and installing conduit; 618- furnishing and installing fittings, junction boxes, heads LF 630 $ 3.�1 $ a, ua s-o 2012 weather and expansion joints; and , equipment, labor, tools and incidentals, complete and in place, per linear foot. Conduit (PVC)(SCHD 40) (3 IN)(TRENCH), including full compensation for furnishing and installing conduit; trenchinglexcavating and furnishing and placing backfill; replacing pavement 618- structure, sod, riprap, curbs, or other surface; LF 5370 $ .a Jr $ o�e�l $o2oi . Jam© 2022 marking location of conduit; furnishing and installing fittings, junction boxes, and expansion joints; and equipment, labor, tools and incidentals, complete and in place, per linear foot. Elec Conductor (No. (BARE), including 620- furnishing, installing, and testing electrical LF 1800 $ a. 067 '. II $ �i 10 0, 00 2009 conductors and for equipment, labor, tools, and dentals, per linear foot. Elec Conductor (No. �) SULATED), including 620- furnishing, installing, and testing electrical LF 3600 $ 50 $ '91000 , 00 2010 conductors and for equipment, labor, tools, and incidentals, per linear foot. Elec Service Ty A : This price is full compensation for furnishing and installing paying all fees, 628- permits and other costs, making arrangements with EA 1 $ 3,100.00 $ 31'100. 00 2017 the utility company for all work and materials provided by the utility company, complete in place, per each. Ground Box Ty A , complete in place, including 624- furnishing and placing gravel bedding, all labor and EA A ,I $ �{ 5, 00 $ —71 ua), 00 2007 materials, per each. t B' Conduit (PVC)(SCHD 40) (3 IN)(BORE), including full compensation for furnishing and installing conduit; trenchinglexcavating, and furnishing and placing backfill; replacing pavement 618- structure, sod, riprap, curbs, or other surface; LF 160 $ .'b0 $ 0, 00 2023 marking location of conduit; furnishing and installing fittings, junction boxes, and expansion joints; and equipment, labor, tools and incidentals, complete and in place, per linear foot. Barricades and Traffic Control Devices, including XXX furnishing and installation of materials and removal MO 2 $ 31 .00 $ Lo 1 Cob, o0 thereof, per month. Mobilization, including costs associated with ZZZ move -in related equipment and labor, bid bond, performance and construction bonds, and LS 1 $ o? �t"J b�V a00 $ d 1500. 00 insurance, per lump sum. SUB -TOTAL BASE BID $ aa, q an (In case of a discrepancy between the Unit Price and the extended total for a bid item, the unit price will be taken.) Materials: Dollars ($116-,, fit_ $ Labor: Dollars ($ 51 � $ ----�` �� Bidder's Initials 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 SIXTY (60) WORKING DAYS FOR SUBSTANTIAL COMPLETION thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of ONE THOUSAND AND FORTY DOLLARS ($1,0401 for each calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any fonnality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of THIRTY (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in' an amount not less than five percent (S%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check fora y U '� Uuffi - Dollars ($ �) or a Bid Bond in the sum of Dollars ($ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. (Seal if Bidder is a Corporation) ATTEST: Secretary Bidder acknowledges receipt of the following addenda: Date: � 1 `? - u 1 Authorized Si !� afore (Printed or T a+'t*-X ed Name) EiF-e La�L . Company 3 SO 9 Address LtAbbocJy- , City, County State Zip Code Telephone: VO- '7 tl `1 - ?-1-1 'f Fax: q *12- - 44112. - 4 8 2 2- FEDERAL TAX ID or SOCIAL SECURITY No. �7 5 - 42 8 (o & 18 ?— Addenda No. �_ Date - I L - Q- Addenda No. Date Addenda No. Date Addenda No. Date M/WBE Firm: Woman I I Black American Native American Hispanic American I I Asian Pacific American Other (Specify) CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder Must be submitted with Bid I, the undersigned Bidder certify that the insurance requirements contained in this bid document have been reviewed by me and my Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid. Contractor (O ' inal Signature) Contractor's Name (Print) CONTRACTOR'S BUSINESS NAME: ARi y.= x E LF_Cl 2IC (Print or Type) CONTRACTOR'S FIRM ADDRESS: 3 S eg U e— NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Director of Purchasing & Contract Management for the City of Lubbock at (806) 775-2572. BID 12-10840-RH —Roadway Illumination for Quaker Ave -Loop 289 to US 84 SAFETY RECORD QUESTIONNAIRE The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a bidder prior to awarding bids on City contracts. The definition and criteria for determining the safety record of a bidder for this consideration shall be: The City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidents involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations 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. C. Convictions of a criminal offense within the past ten (10) years, which resulted from bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment, both for the workers and other employees of bidder and the citizens of the City of Lubbock. In order to obtain proper information from bidders so that City of Lubbock may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Lubbock requires that bidders answer the following three (3) questions and submit them with their bids: QUESTION ONE 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 OSHA within the past three (3) years? YES NO If the bidder has indicated YES for question number one above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. ":°'I l Bidder's Initials 3 j QUESTION TWO : 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, suspension/revocations 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. 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 penalty assessed. OUESTION 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 from serious bodily injury or death? YES NO 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 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. Signature Title 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 suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $50,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $50,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $50,000 or more can be made to your firm, 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: A k.TF Y. F 6C.-M Z C- FEDERAL TAX ID or SOCIAL SECURITY No. `75 ` o2 9 (D1P I �; Signature of Company Official: i Printed name of company official signing above: i I o N \i p Y �� g e) C)LA- Date Sianed: t ` (11 I - — LIST OF SUB -CONTRACTORS PAGE INTENTIONALLY LEFT BLANK 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. BID 12-10840-RH- Roadway Illumination for Quaker Ave -Loop 289 to US 84 LIST OF SUB CONTRACTORS Company Name Location Services Provided Company ({ Address 3soS A,,e-- -1 LL- 6boc.-_- City, County i�,bb o 11 g y ( z State Zip Code Telephone: $OLp - `Z �( ? Zcf 1l3 Fax: ') Z - uyZ.-'tS.-2 Minority Owned Yes No ❑ M-- ❑ ❑ D ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO 2 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. BID 12-10840-RH, Roadway Illumination for Quaker Ave -Loop 289 to US 84 FINAL LIST OF SUB CONTRACTORS Company Name Location Services Provided Ellis Trenching Lubbock Boring Company Artex Electric Inc. Address 3508 Ave J Lubbock City, County Texas 79412 State Zip Code Telephone: 806 - 747-2443 Fax: 972 - 442-4822 Minority Owned Yes No ❑ X ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ THIS FORM SHALL BE COMPLETED AND RETURNED WITHIN 7 DAYS OF BID CLOSING. IF NO SUB —CONTRACTORS WILL BE USED PLEASE INDICATE SO. 3 PAYMENT BOND 1 PAGE INTENTIONALLY LEFT BLANK PERFORMANCE BOND PAGE INTENTIONALLY LEFT BLANK 1 1 i Bond # 4389421 STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) KNOW ALL MEN BY THESE PRESENTS, that Artex Electric Inc (hereinafter called the Principal(s), as Principals},,and, SureTec Insurance Company (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount One Hundred Twenty Two Thousand Nine Hundred and Twenty Dollars 1 ($122,920.00 lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the I lth day of October, 2012,to Bid 12-10840-RH Roadway Illumination for Quaker Ave -Loop 289 to US 84 r and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. !! NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall t._ faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 7th day of November 2012. SureTec Insurance Company Surety * By: (Title) ttorney-ln-Fact 2 oAp��`. , (Company Name) By: ld_�tv Z36URIV5 _ (Printed N me) (Signature The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates JE Murfee & Son an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. SureTec Insurance Company Surety t *B �i le) corn -in- ac Approved as to form: CityyofLbck By: �.. City Attorney * Note: If signed by an Office of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 8 ` Bond # 4389421 STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $50,000) KNOW ALL MEN BY THESE PRESENTS, that Artex Electric, Inc. (hereinafter called the P� tnca0hl(8), as Principal(s), and SureTec Insurance Company (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of One Hundred Twenty -Two Thousand Nine Hundred and Twenty Dollars ($121920.00)lawful money of the United States forthe payment whereof, the said Principal and Surety bind - themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the I Ith day of October ,2012, to Bid 12-10840-RH Roadway Il 1 umi nn ti on for Quaker Ave -Loop 289 to US 84 and said Principal under the law is required before commencing the work provided for in said contract to execute - a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253,021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 7thday of November 2012. SureTec Insurance Company Surety *By: (Title) At ey-in-Fact OAAk i PP?.c,Gl i � A44. (Company Name) By:�5 uRAvs (Printed ame) (Signa e) (Title) 5 The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates JE Murfee & Son an agent resident in Lubbock County to whom any requisite notices may be A delivered and on whom service of process may be had in matters arising out of such suretyship. Surelec Insuranap Cbnpany Surety *B i1 AttoL ey-in-lac Approved as to form: City of L ck By: City Attorney * Note: If signed by an Office of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 6 eon a: 4221151 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, :-iarris County, Texas, does by these presents make, constitute and appoint Steven E. Burleson, Staci Gross, Julie Smith its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force .until 12/31/2013 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20 of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 3rd day of September, A.D. 2010. e SURETEC INSUR E C ANY ti0 x 9F By: uJ w y John o Jr., resident State of Texas ss: �� ;, 4 4 NM County of Harris - l' On this 3rd day of September, A.D. 2010 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. JACQUELYN MALDONADO J1,1U^dAJAt, Almq Notary Public, State of Texas ac el aldot ado Notary Public My Commission Expires 9 y t7' "'�of<<,`,�` May 18, 2013 y comm sion exbiees May 18, 2013 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 7th day of November ,2012 , A.D. NVL Brent Beaty, Assistant Secretary Anv instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. I SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll Gee telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252- 3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 Web: http://www.tdi.state.tx.us Email: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. 11 Texas Rider 010106 CERTIFICATE OF INSURANCE PAGE INTENTIONALLY LEFT BLANK