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R2008-081 2008-06-23RESOLUTION NO. R2008-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR INSTALLATION OF FIBER OPTIC CABLE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City opened bids for construction services associated with the installation of fiber optic cable, and such bids have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to C-Link Corporation, in the amount of $112,666.45. Section 3. The City Manager or his designee is hereby authorized to execute a contract for construction services associated with the installation of fiber optic cable. PASSED, APPROVED and ADOPTED this the 23~d day of June, A. D., 2008. ~oyreJ '"~---~~ TOM REID MAYOR ATTEST: O:' cci _ ~-: x=_ UN IN R '~~' ~- ~~.. APPROVED AS TO FORM: ~~ - h ~_ DARRIN M. COKER CITY ATTORNEY TABULATION OF PROPOSALS: FIBER OPTIC CABLE INSTALLATION BID OPENING DATE: TUESDAY, MAY 27, 2008 BID NUMBER: 0408-26 V,;,;,;,, ,;,,,;;;,,,;;,,;,,,,,;;,,,,,,;;,,,,, ,,; is,,.:,C:.:::.::,::::::::::::: € :: :.::::.:::.:: .:::.::.: :.:..:.::.: :::.:.,...:::.:.:::.:: : ::.ta ..endor. C,t~.n ....0 orat)on.. .Pheoni.x Ins.41.10 0i AIITex Voice 4 Oata.. . : :::::: : ::::: :::::::€::ii :::: ::€: €::::iim . ....Svcs €€€ €€ € • ::::::: Netw rks'€trnc€ �it�: t`: i......5..5....... ,Pe:.:..:.:::l,'' c.iii;,'.;,::,...,:, For.,:,.,.,.... :.'',:..,':,:,:::,...,.... e t�t.S..6xp...:.................... .....arland,.T�.:.......... ��..rteyy.TX...:.:.:...:.... Magrrol(a :TX �i. PhoneiNiimb..................................... (z9'��.9..7.99��........ (2...4.).2..2..5...0.................. .(28...3.2bz�......0................. ... ..................... ........................... ... ..................... ........................... ... ..................... ........................... .......................... ........................... .......................... ........................... ......... ................ ........................... Proposal#1 City Hall to Police Department $59 459131 $57,820.20 $96,489.53 • Proposal#2 ii'€€€ ':i :€::: Service Center Building $1s6 245 3$ $10,347.88 $11,404.93 Proposal#3 Sharp Building $: 606$5 $5,467.16 $3,558.18 Proposal#4 Knapp Building :;: $$00228':€€'':``:`: $5,840.56 $3,558.18 Proposal#5 Police Department to Fire Station#2 iiiiniiiiii$107t11i .4iiiiiiiiiiiii $13,561.47 $14,425.77 Proposal#6 City Hall to Fire Station#3 ':`;; $1a091:4 :::€: $22,914.99 $30,722.87 Altenat price e unit - `°80 0n � 600 . additional poles, if needed €€€€ €€....$...On:00............... .:.: ...$.................... ........... ......... ......., TOTAL `$ �2 666 4 : $115,952.26 $160,159.46 Completion Time ..... '€ 'Svareeks''i '€€ 7 weeks 45 days CITY OF PEARLAND STANDARD CONTRACT FOR CONSTRUCTION PROJECTS This Contract(Contract)is made between the City ofPearland,Texas(City),and Contractor. The City and Contractor agree to the terms and conditions of this Contract,which consists of the following parts: I. Summary of Contract Terms II Signatures III. Standard Contractual Provisions IV. Special Terms and Conditions V. Contract Attachments I. Summary of Contract Terms. Contractor: C.Link Corporation Description of Services: Purchase and installation of fiber optic cable per specifications of RFP #0408-26. Maximum Contract Amount: $112,666.45 Effective Date: July 18,2008 Termination Date: September 18,2008 Extension/Renewal: None contemplated at this time. II. Signatures. By signing below,the parties agree to the terms of this Contract: CITY OF PEARLAND* CONTRACTOR: By: S gned by: Date: z(oFit Title: pi-CS I`a_C_IA — 4' City Manager Assistant City Manager Date: f - ( f-C9 g Director Division Manager *Contract Signature Authority: Division Manager-$5,999 or less Director-$6,000 to$30,000 City Manager/Assistant City Managers-$30,001 -$50,000 City Council approval-$50,001 + III. Standard Contractual Provisions. A. Definitions. Contract means this Standard Contract for Construction Services. Services means the services for which the City solicited bids or received proposals as described in Exhibit"A"attached hereto. B. Services and Payment. Contractor will furnish Services to the City in accordance with the terms and conditions specified in this Contract. Contractor will bill the City for the Services provided at intervals of at least 30 days,except for the final billing.The City shall pay Contractor for the Services in accordance with the terms of this Contract,but all payments to be made by the City to Contractor,including the time of payment and the payment of interest on overdue amounts,are subject to the applicable provisions of Chapter 2251 of the Government Code. C. Termination Provisions. (1) City Termination for Convenience. Under this paragraph,the City may terminate this Contract during its term at any time for the City's own convenience where the Contractor is not in default by giving written notice to Contractor. If the City terminates this Contract under this paragraph,the City will pay the Contractor for all services rendered in accordance with this Contract to the date of termination. (2)Termination for Default. Either party to this Contract may terminate this Contract as provided in this paragraph if the other party fails to comply with its terms. The party alleging the default will give the other party notice of the default in writing citing the terms of the Contract that have been breached and what action the defaulting party must take to cure the default. If the party in default fails to cure the default as specified in the notice, the party giving the notice of default may terminate this Contract by written notice to the other party,specifying the date of termination. Termination of this Contract under this paragraph does not affect the right of either party to seek remedies for breach of the Contract as allowed by law,including any damages or costs suffered by either party. (3)Multi-Year Contracts and Funding. If this Contract extends beyond the City's fiscal year in which it becomes effective or provides for the City to make any payment during any of the City's fiscal years following the City's fiscal year in which this Contract becomes effective and the City fails to appropriate funds to make any required Contract payment for that successive fiscal year and there are no funds from the City's sale of debt instruments to make the required payment, then this Contract automatically terminates at the beginning of the first day of the City's successive fiscal year of the Contract for which the City has not appropriated funds or otherwise provided for funds to make a required payment under the Contract. D. Liability and Indemnity. Any provision of any attached contract document that limits the Contractor's liability to the City or releases the Contractor from liability to the City for actual or compensatory damages,loss,or costs arising from the performance of this Contract or that provides for contractual indemnity by one party to the other party to this Contract is not applicable or effective under this Contract. Except where an Additional Contract Document provided by the City provides otherwise, each party to this Contract is responsible for defending against and liable for paying any claim,suit,or judgment for damages,loss,or costs arising from that parry's acts or omissions in the performance of this Contract in accordance with applicable law.This provision does not affect the right of either party to this Contract who is sued by a third party for acts or omissions arising from this Contract to bring in the other party to this Contract as a third-party defendant as allowed by law. E. Assignment. Contractor shall not assign this Contract without the prior written consent of the City. F. Law Governing and Venue. This Contract is governed by the law of the State of Texas and a lawsuit may only be prosecuted on this Contract in a court of competent jurisdiction located in or having jurisdiction in Brazoria County,Texas. G. Entire Contract. This Contract represents the entire Contract between the City and the Contractor and supersedes all prior negotiations,representations,or contracts,either written or oral. This Contract may be amended only by written instrument signed by both parties. CONTRACT/Page 2 H.Independent Contractor. Contractor shall perform the work under this Contract as an independent contractor and not as an employee of the City. The City has no right to supervise, direct, or control the Contractor or Contractor's officers or employees in the means,methods,or details of the work to be performed by Contractor under this Contract. The City and Contractor agree that the work performed under this Contract is not inherently dangerous, that Contractor will perform the work in a workmanlike manner, and that Contractor will take proper care and precautions to insure the safety of Contractor's officers and employees. I. Dispute Resolution Procedures. The Contractor and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. If either party disputes any matter relating to this Contract, the parties agree to try in good faith, before bringing any legal action, to settle the dispute by submitting the matter to mediation before a third party who will be selected by agreement of the parties.The parties will each pay one-half of the mediator's fees. J. Attorney's Fees. Should either party to this Contract bring suit against the other party for breach of contract or for any other cause relating to this Contract,neither party will seek or be entitled to an award of attorney's fees or other costs relating to the suit. K. Severability. If a court finds or rules that any part of this Contract is invalid or unlawful, the remainder of the Contract continues to be binding on the parties. IV. Special Terms or Conditions. None V. Additional Contract Documents. The following specified documents attached to this Contract are part of this Contract, except as follows: any provision contained in any of the Contractor's Additional Contract Documents specified below that conflicts with a Contract provision not included in the Contractor's Additional Contract Documents,does not apply to this Contract. A. Contractor's Additional Contract Documents: 1. Contractor's quote and scope of work.. (3 pages) B. City's Additional Contract Documents: 1. Contractor Insurance Requirements and Agreement 2. Contract shall include all specifications,including addenda,of City of Pearland RFP#0408- 26. CONTRACT/Page 3 • EXHIBIT A CONTRACTOR'S SCOPE OF WORK Contractor shall provide for all labor,materials and equipment necessary for the purchase and installation of fiber optic cable in full compliance with all specifications, including addenda, of RFP#0408-26. • CONTRACT/Page 4 CITY OF PEARLAND CONTRACTOR INSURANCE REQUIREMENTS &AGREEMENT REQUIREMENTS Contractors performing work on City property or public right-of-way for the City of Pearland shall provide the City a certificate of insurance or a copy of their insurance policy(s) evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor's policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of Pearland. Listed below are the types and amounts of insurances required. The City reserves the right to amend or require additional types and amounts of coverages or provisions depending on the nature of the work. TYPE OF INSURANCE AMOUNT OF INSURANCE PROVISIONS 1. Workers' Compensation Statutory Limits City to be provided a WAIVER OF Employers' Liability $100,000 per occurrence SUBROGATION and 30 day notice of cancellation or material change in coverage. 2. Commercial General (Public) Personal Injury - $1,000,000 per City to be listed as additional Liability to include coverage person; Property Damage - insured and provided 30 day for: $1,000,000 per occurrence ; notice of cancellation or material a) Premises/Operations General Aggregate-$1,000,000 change in coverage. b) Products/Completed Operations c) Independent Contractors d) Personal Injury e) Contractual Liability 3. Business Auto Liability to Combined Single Limit - City shall be provided 30 day include coverage for: $1,000,000 notice of cancellation or material a) Owned/Leased vehicles change in coverage. b) Non-owned vehicles c) Hired vehicles Certificate of Insurance forms may be faxed to Purchasing Department, attn: Dena Carlson, @ 281-652- 1738,phone 281-652-1790. Questions regarding required insurance should be directed to Bob Pearce,City of Pearland Purchasing Officer, (281)652-1668. This form must be signed and returned with your quotation. You are stating that you do have the required insurance and if selected to perform work for the City,will provide the certificates of insurance with the above requirements to the City. A PURCHASE ORDER WILL NOT BE ISSUED WITHOUT EVIDENCE OF INSURANCE. AGREEMENT I agree to provide the above described insurance coverages within 10 working days if selected to perform work for the City of Pearland. I also agree to provide the City evidence of insurance coverage on any and all subcontractors performing work on the project. L\ ProjectlBid# 0 ©�— Company: C• `(\`‘- Cyr ppy-ekbd endor#(if applicable) PrintedName: \1 v et-5 Signature: �� r► ��� Date: n ^k -676 CONTRACT/Page 5 Jul 17 08 01:03p Clyde Price 281-496-3081 p.2 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MWDD"YTO 07/18/2008 PRODUCER 281-496-3000 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION CLYDE PRICE INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 16000 Memorial Dr.,Ste.220 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Houston,TX 77079-4008 F 281-496-3081 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA State Farm Lloyds C LINK CORPORATION INSURERS: Texas Mutual Insurance Company PO Box 1196 INSURERC: Pearland,TX 77588-1196 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDrrI0N OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMIFS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. • INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION. LTR INSRA, TYPEOFEISURANCE POLICY NUMBER DATEIMMIDDIYYI DATEIMMADDJM LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A 1/ COMMERCIAL GENERAL LIABILITY °PREMISESO RE (Ea o w�noal $ 300,000 ICLAIMS MADE El OCCUR MEDEXP(Any onape,son) $ 5,000 90-L6-8577-7 06/04/2008 06/04/2009 PERSONAL 8,ADV INJURY S 1,000,000 • I GENERAL AGGREGATE $ 2,000,000 GEM_AGGREGATE WET APPLIES PER PRODUCTS-COMP/OP AGO 5 1,000,000 71 POLICY r I1 LOC AUTOMOBILE MAMMY COMBINED SINGLE LIMIT $ 1,000,000 A ANY AUTO (Ea accident) _ ALLOWNEDAUTOS SCHEDULED AUTOS (P�pRersn JURY $ SCHEDUHIRED LED 90-L6-8577-7 06/04/2008 06/04/2009 BODILY INJURY $ Y NON.OWNEDAUTOS (Peraociden1) PROPERTY DAMAGE (Perao:idet* •GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG.$ EXCESSIUMBRELLA LIABILITY EACHOCCURRENC E $ 7 OCCUR n CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION S $ WORKETSCOMPBISATION AND I WTORYLIMITC STATU-S 1 E OTH- R B EMPLOYERS'LIABILITY • ELEACHACCmENT $ 1,000.000 ANYPROPRIETO' ARTNnw5 • TSF-00011 1 0777 11/0912007 11/09/2008 OFFlCERIMEMBERIXGLUDED7 EL DISEASE-EA EMPLOYEE $ 1,000,000 f ECIALPROVISIONS below ROVISIONSbelow EL.DISEASE-POLICY LIMIT S 1,000,000 OTHER DESCRIPTION OF OPERATIONS!LOCATIONS/VaNCLES(EXCLUSIONS ADDED BY ENDORSE/1E11T SPECIAL PROVISIONS Cable Installation and Build-Out Specialist,2629 Westgate,Pearland,TX 77581 RE:Any and all work performed during the policy period. City of Pearland is named as an Additional Insured as defined in ISO Form CG 2010(11-65)or its equivalent. Coverage afforded the Additional Insured shall be primary and non-contributory. Waiver of Subrogation shall apply in favor of City of Pearland,its Agents and Employees. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORETHE EXPIRATION City of Pearland DATE THEREOF,THE ISSUING INSURER WILL END • --TO MAIL 30 DAYS WRITTEN 3519 LibertyDrive NOTICE TO THE CER TE HOLDER NAMED '• _ .BUT FAILURE TO DO SO SHALL Pearland,TX 77581 IMPOSE NO OB OR UABILHY OF • •• UPON THE INSURER,ITS AGENTS OR REPRESENT AUItI AT1YE ACORD 25(2001108) ©ACORD CORPORATION 1988 - Do„.• Western Surety Company PERFORMANCE BOND Bond Number: 70546765 KNOW ALL PERSONS BY THESE PRESENTS, That we C. Link Corporation of 2629 Westgate Dr. , Pearland, TX 77581 , hereinafter referred to as the Principal, and Western Surety Company as Surety, are held and firmly bound unto city of Pearland of City Hall, 3519 Liberty Dr. , Pearland, TX 77588 , hereinafter One Hundred Twelve Thousand Six Hundred Sixty-Six and referred to as the Obligee, in the sum of 00/100 Dollars($ 112,666.00 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated the 2nd day of July 2008 , forRFP 0408-26 - Fiber Optic Cable Installation NOW, THEREFORE, if the Principal shall faithfully perform such contract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and effect. ANY PROCEEDING, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. NO RIGHT OF ACTION shall accrue on this Bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. SIGNED, SEALED AND DATED this 9th day of July , 2008 C. Link Co orat on (Principal) By SI.j. (Seal) Western Surety Company (S ty) By (2d'41-e ea CAROL AN SHILLINGBU ' Attorney-in-Fact Form F4597 ODD Western Surety Company PAYMENT BOND Bond Number: 70546765 KNOW ALL PERSONS BY THESE PRESENTS, That we C. Link Corporation of 2629 Westgate Dr. , Pearland, TX 77581 , hereinafter referred to as the Principal, and Western Surety Company as Surety, are held and firmly bound unto city of Pearland Of City Hall, 3519 Liberty Dr. , Pearland, TX 77588 , hereinafter One Hundred Twelve Thousand Six Hundred Sixty-Six referred to as the Obligee, in the sum of and 00/100 Dollars($112,666.00 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated end day of July 2008 for RFP 0408-26 - Fiber Optic Cable Installation copy of which contract is by reference made a part hereof. NOW, THEREFORE, if Principal shall, in accordance with applicable Statutes, promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety being waived, then this obligation to be void; otherwise to remain in full force and effect. No suit or action shall be commenced hereunder (a) After the expiration of one (1) year following the date on which Principal ceased work on said contract it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. SIGNED, SEALED AND DATED this 9th day of July , 2008 C. Link Corp atio C rincipal) By k (Seal) Western Surety Company 'tSurety By ( (Seal) CAROL ANN SHILL INGBUR Attorney-in-Fact ACKNOWLEDGMENT OF SURETY STATE OF Illinoisss (Attorney-in-Fact) Bond No. 70546765 COUNTY OF Jefferson On this 9th day of Ju 1 y 2008 ,before me, a notary public in and for said County,personally appeared CAROL ANN SHILL INGBURG to me personally known and being by me duly sworn, did say,that he is the Attorney-in-Fact of WESTERN SURETY COMPANY, a corporation of Sioux Falls, South Dakota, created, organized and existing under and by virtue of the laws of the State of South Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board of Directors and that the said CAROL ANN SHILLINGBURG acknowledges said instrument to be the free act and deed of said corporation and that he has authority to sign said instrument without affixing the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal at Mount Vernon , Illinois ,the day and year last above written. My commission expires Q n v (o 0 6 1 f Notary Public Form 106-4-2000 Official Seal Rachel N Timmons NotaryPublic,State of Illinois My Commission Expires 3/6/11 .. .. • Western Surety Company POWER OF ATTORNEY-CERTIFIED COPY Bond No. 7 05 4 67 65 Know All Men By These Presents,that WESTERN SURETY COMPANY,a corporation duly organized and existing under the laws of the State of South Dakota,and having its principal office in Sioux Falls,South Dakota(the"Company"),does by these presents make, constitute and appoint CAROL ANN SHILLINGBURG its true and lawful attorney(s)-in-fact,with full power and authority hereby conferred,to execute,acknowledge and deliver for and on its behalf as Surety,bonds for: Principal: C. Link Corporation Obligee: City of Pearland Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said attorneys)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds,policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President or by such other officers as the Board of Directors may authorize. The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate,without notice,unless used before midnight of October 16 , 2008 ,but until such time shall be irrevocable and in full force and effect. In Witness Whereof,Western Surety Company has caused these presents to be signed by its Senior Vice President,Paul T.Bruflat, and its cor sgce$I to be affixed this 9th day of Ju l y , 2008 ,reIttP4== "•-.• v s_ -2- WEST.' 13. .► SURE COMPANY L� •tea �-Z — , - ' � Paul T.Brufla Senior Vice President F rRr...: STATROPAQ I (AA lr—aa�'s :< ss COUNTrri me.. A as , On this 9th day of July ,in the year 2008 ,before me,a notary public,personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. + � % + /n D. KRELL r f .+ vQ��'(t{ f p . SOUTH DAKOTA�r 4 t My Commission Expires November 30,2012 I the undersigned officer of Western Surety Company,a stock corporation of the State of South Dakota,do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable,and furthermore,that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof,I have hereunto set my hand and seal of Western Surety Company this 9th day of July , 2008 . WEST ' R ►, SURE COMPANY Paul T.Brufla enior Vice President Form F5306-9-2006 State of Texas Claim Notice Endorsement To be attached to and form a part of Bond No. 70546765 In accordance with Section 2253.021(f) of the Texas Government Code and Section 53.202(6) of the Texas Property Code any notice of claim to the named surety under this bond(s) should be sent to: CNA Surety 333 South Wabash Chicago, IL 60604 Telephone: (312) 822-5000 Form F6944 tiro. • T E. 'X A S ` July 23, 2008 NOTICE TO PROCEED TO: Mr. Chris Armstrong C.Link Corporation ADDRESS: PO Box 1196 Pearland, TX 77588-1196 CONTRACT FOR: Purchase and installation of fiber optic cable—RFP #0408-26. Dear Mr. Armstrong: You are hereby notified that the Contract Time under the above Contract will commence to run on: Monday,July 28, 2008 By that date, you are to start performing your obligations under the Contract Documents. In accordance with specifications, the Time or Date of Completion is: 52 Calendar days after the date of commencement of the Work specified above, or not later than September 18, 2008. Before you commence any work at the site,please contact John Knight at 281-652-1601. Building permits may be obtained by contacting the Permits division, located in the City of Pearland Community Center, 3523 Liberty Drive, Pearland, TX. Sincerely, Robert Pearce Purchasing Officer Cc: John Knight, City of Pearland, IT Manager „ .... ? . ;f.'.. LEARtiA* ,......., i E ,N. AS ....„, . - •:-.M-e;/, &-7-_ July Z 200a TO: .C.Link Corporation ADDRESS: PO Box 11.96 Pearland,'TX 77588.1196 RE: Notice of Award!RFP No,.0408-26 Dear Mr..Armstrong: Please be advised that your company has been awarded the contract for the purchase and installation of fiber optic cable per the specifications of ROP#0408-26. Said Award being based;on your apparent successful Bid dated. May 27, 2008 and bearing a total bid price of one-hundred twelve thousand six hundred Sixty-six and 45/100 dollart:($112,666.45), You,must comply with the following conditions within 10 Working days of the date of this •NOtide Of AWard,lhat is by July 18,2008. 1. You must furnish Certificate of Insurance.. 2. You muit.furnish Performance and Payment Bonds. 3. Upon your compliance with these conditions, the owner will return to you a. fully executed 'contract, Notice to Proceed, and City of Pearland purchase order. 4. Prior to commencing any work, you must schedule a pre-construction conference with John Knight at 2811652-1601. 5. Failure tit ortply With theie Conditions within the.time.specified will entitle the Owner to consider yourBid abandoned, The above repuested items Must be SUbmitted to: Purchasing Division, 351:9 Liberty Dr., Suite 200,Pearland,Texas, Sincerely, : . c'S 'Robert Pearce Purchasing'.Officer 281-652-1668 cct John Knight, Information Technology Manager