14-Deliberate and act on a Resolution awarding the bid and awarding the contract for the Texas Capital Fund Street Improvements ProjectCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
03/05/10
Engineering, Planning
Shawn Napier, P.E. City Engineer
Council Date:
& Development
/Director of Public Works
14.
03/08/10
RECOMMENDED MOTION:
Move to approve a resolution awarding the bid for the Texas Capital Fund Main Street Improvement
Project, TCF #728002 in the amount of $90,007.39 to Stephens and Sons Concrete Contractors and
authorizing the City Manager to negotiate and execute all necessary documents.
POLICY ISSUE(S):
Contract
BACKGROUND:
This project is being funded by a grant from the Texas Capital Fund Main Street Improvement Program.
The total budget for the project is $215,000. The sidewalk replacement portion of the contract was
budgeted for $140,000, with the remainder of the funds to be used for lighting, benches, trash
receptacles, engineering, and administration of the contract. Staff recommends that the bid be awarded
to Stephens and Sons Concrete Contractors, the lowest responsible bidder.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
Bid tabulation; resolution
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$ 90,007.39
❑ Department Report ~ Resolution
Budgeted Amt.
$ 65,000.00 (City's Portion)
❑ Presentation ❑ Ordinance
y'I'D Actual
$
❑ Public Hearing ❑ Other
Acct. Name
Texas Capital Fund-Main St. Grant
Acct. Number
25-0351-40-00
FISCAL NOTES:
REV[EWED AND APPROVED BY:
Z Administration E Ciry Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court Z Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities
City of Paris Revised 2/04/08
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DRAFT
attorney\reswork\current\TCF-TDA-Main St. Sidewalk [mpr - Awd & Contract Res 2010
RESOLUTION N0.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING
THE BID AND AWARDING THE CONTRACT FOR THE TEXAS CAPITAL FUND
GRANT MAIIVSTREET SIDEWALK REPLACEMENT PROJECT, TO STEPHENS & SONS
CONCRETE CONTRACTORS, INC., THE LOWEST RESPONSIBLE BIDDER; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris did heretofore, advertise for bids for
furnishing plant, labor, materials, and equipment, and for performing all work required for the
"Texas Capital Fund Grant Mainstreet Sidewalk Replacement Project, #728002" which consists of
replacement of sidewalks in the downtown area of the City of Paris, which bids were received until
3:00 o'clock P.M., Tuesday, the 2°d day of March, 2010; and,
WHEREAS, the lowest responsible bid for the TCFG Mainstreet Sidewalk Replacement Project
#72802 was made by Stephens & Sons Concrete Contractors, Inc., 4725 Lamar Avenue, Paris, Texas
75462, in the amount of $90,007.39 and the contract should be awarded to Stephens & Sons Concrete
Contractors, Inc. in accordance with the unit prices bid and the other terms and conditions set out in
the bid documents attached hereto as Exhibit A; and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS:
Section 1. That the findings set out in the preamble of this resolution are hereby in all
things approved.
Section 2. That the $90,007.39 bid of Stephens & Cons Concrete Contractors, Inc., 4725
Lamar Avenue, Paris, Texas 75462, for the "Texas Capital Fund Grant Mainstreet Sidewalk
Replacement Project, TCF #728002," is hereby accepted as the lowest responsible bid which
provides the best value to the City and the contract for this project is hereby let conditioned upon
said contractor meeting all of the terms and specifications included in the agreement and bid
documents attached hereto as Exhibit A and providing all required performance and payment bonds
and insurance certificates as required.
Section 3. That the City Manager be and he is hereby authorized and directed to execute
on behalf of the City of Paris an Agreement for the replacement sidewalks in the downtown area of
the City of Paris in the form attached hereto and incorporated herein as Exhibit A.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 8t'' day of March, 2010.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
AGREEMENT
~ THIS AGREEMENT is dated as of the 8th day of M rch in the year 200_lD_, by
and between the City of Paris (hereinafter called OWNER) and Stephens & sons concrete Contractors,
(hereinafter called CONTRACTOR). Inc.
~ OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
~ Article l. WORK
CONTR.ACTOR shall complete all Work as specified or indicated in the Contract Documents.
The Work project is generally described as follows:
Downtown Sidewalk Replacement
Texas Capital Fund Grant
TCF #728002
HEI #180041
Article 2. ENGINEER
The Project has been designed by Hayter Engineering, Inc., Paris, Texas, who is hereinafter
called ENGINEER and who is to act as OWNER'S representative, assume all duties and
responsibilities and have the rights and authority assigned to ENGINEER in the Contract
Documents in connection with completion of the Work in accordance with the Contract
Documents.
Article 3. CONTRACT TIME
3.1 The Work will be substantially completed and ready for final payment within 105
calendar days from the date when the Contract Time commences to run, as provided in
the General Conditions.
3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence
of this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the times specified above, plus any extensions thereof allowed in
accordance with the General Conditions. They also recognize the delays, expense and
difficulties involved in proving in a legal or arbitration proceeding the actual loss
suffered by OWNER if the Work is not completed on time. Accordingly, instead of
requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages
for delay (but not as a penalty) CONTRACTOR shall pay OWNER $220 for each
calendar day that expires after the time specified.
Article 4. CONTRACT PRICE
~ EXHIBIT.A 22
OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract
Documents in current funds as follows:
~ At the unit prices shown on the Unit Price Bid Schedule included in the Contract
Documents.
~ Article 5. PAYMENT PROCEDURES
~ CONTRACTOR shall submit Applications for Payment in accordance with the General
Conditions. Applications for Payment will be processed by ENGINEER, as provided in the
General Conditions.
~ The OWNER shall retain 10% of the amount of each payment until final completion and
acceptance of all Work covered by the Contract Documents. When the Work is substantially
~ complete, the retained amount may be reduced to 5%, at the OWNER'S discretion.
Article 6. INTEREST
~ If the contract amount of this contract is less than $400,000, no interest will be paid to the
' CONTRACTOR on retained money. When the contract amount exceeds $400,000, no interest
will be paid unless required by law.
Article 7. CONTRACTOR'S REPRESENTATIONS
In order to induce OWNER to enter into this Agreement, CONTR.ACTOR makes the following
representations:
7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract
Documents, Work, site, locality, and all local conditions and Laws and Regulations that,
in any manner, may affect cost, progress, performance or furnishing of the Work.
7.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface
conditions and drawings of physical conditions, if any, which are contained or identified
in the Contract Documents, and accepts the determination set forth in the Contract
Documents of the extent of the technical data contained in such reports and drawings
upon which CONTR.ACTOR is entitled to rely.
7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for
obtaining and carefully studying) all such examinations, investigations, explorations,
tests, reports and studies in addition to, or to supplement, those referred to above, which
pertain to the subsurface or physical conditions at or contiguous to the site, or otherwise
may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR
considers necessary for the performance or furnishing of the Work at the Contract Price,
within the Contract Time and in accordance with the other terms and conditions of the
Contract Documents, and no additional examinations, investigations, explorations, tests,
0 0 0 " n ~ 23
reports, studies or similar information or data are, or will be, required by
CONTRACTOR for such purposes.
7.4 CONTR.ACTOR has reviewed and checked all information and data shown or indicated
on the Contract Documents with respect to existing Underground Facilities at or
contiguous to the site and assumes responsibility for the accurate location of all
Underground Facilities, whether indicated in the Contract Documents, or not. No
additional examinations, investigations, explorations, tests, reports, studies or similar
information or data in respect of said Underground Facilities are, or will be, required by
CONTRACTOR in order to perform and furnish the Work at the Contract Price, within
the Contract Time and in accordance with the other terms and conditions of the Contract
Documents.
7.5 CONTRACTOR has correlated the results of all such observations, examinations,
~ investigations, explorations, tests, reports and studies with the terms and conditions of the
Contract Documents.
7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, enors or
discrepancies that he has discovered in the Contract Documents and the written resolution
thereof by ENGINEER is acceptable to CONTRACTOR.
7.7 CONTRACTOR has reviewed and fully agrees to the limitation of liability provisions
included in the Supplementary Conditions.
7.8 CONTRACTOR certifies that they are eligible to be awarded government contracts.
CONTRACTOR also certifies that any agreement entered into with a subcontractor will
contain a clause stating that the subcontractor is eligible to be awarded government
contracts.
Article 8. CONTRACT DOCUMENTS
The Contract Documents, which comprise the entire Agreement between OWNER and
CONTRACTOR concerning the Work, consist of the following:
8.1 This Agreement
8.2 Bid and Bid Schedule, Advertisement, and Information or Instructions to Bidders
8.3 Performance and Payment Bonds
8.4 Notice of Award and Notice to Proceed
8.5 General Conditions and modifications thereto, if any, such are included.
8.6 Supplementary Conditions
24
I
-8.7 Technical Specification prepared or issued by Hayter Engineering, Inc. dated January
2010.
~ 8.8 Drawings, consisting of sheets numbered 1 through 7, inclusive with each sheet bearing
the following general title: Downtown Sidewalk Replacement
~ 8.9 Addenda numbers to , inclusive.
8.10 Documentation submitted by CONTRACTOR prior to Notice of Award, identified as
8.11 The following, which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto:
All written Amendments, change orders, and other documents amending,
modifying, or supplementing the Contract Documents pursuant to the General
Conditions.
There are no contract Documents other than those listed above in this Article 8. The Contract
Documents may only be amended, modified or supplemented, as provided in the General
Conditions.
Article 9. MISCELLANEOUS
9.1 Terms used in the Agreement, which are defined in Article 1 of the General Conditions,
will have the meanings indicated in the General Conditions.
9.2 No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the
party sought to be bound; and specifically, but without limitation, monies that may
become due and monies that are due, may not be assigned without such consent (except
to the extent that the effect of this restriction may be limited by law), and unless
specifically stated to the contrary in any written consent to an assignment, no assignment
will release or discharge the assignor from any duty or responsibility under the Contract
Documents.
9.3 OWNER and CONTRACTOR each binds himself, its partners, successors, assign, and
legal representatives to the other party hereto, its partners, successors, assign and legal
representatives in respect of all covenants, agreements and obligations contained in the
Contract Documents.
Article 10. OTHER PROVISIONS
None.
_ 25
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in
multiple copies. One counterpart each has been delivered to OWNER, CONTRACTOR and
ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER
and CONTRACTOR or by ENGINEER on their behalf.
This Agreement will be effective on rtarch 8 , 200201U
OWNER: CITY OF PARIS, TE%AS CONTRACTOR: sTEPHENs & SONS CONCRETE
CONTRACTORS, INC.
By: Revin Carruth, City Manager
(Corporate Seal)
By: Todd Stephens, Owner
(Corporate Seal)
Attest:
Janice Ellis, City Clerk
Address for giving notices:
City Clerk
P. . og
Paris, T% 75461
Attest:
Address for giving notices:
Todd Stephens
amar ve.
Paris, T% 75462
1 ' 3
26
BID
PROJECT IDENTIFICATION:
CONTRACT IDENTIFICATION
AND NUMBER:
THIS BID IS SUBMITTED TO:
Downtown Sidewalk Replacement
TCF #728002 and HEI # 180041
City of Paris
1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an
agreement with OWNER in the form included in the Contract Documents to perform and
furnish all Work as specified or indicated in the Contract Documents for the Contract
Price and within the Contract Time indicated in this Bid and in Accordance with the other
terms and conditions of the Contract Documents.
2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid
and Instructions to Bidders, including, witliout limitation, those dealing with the
disposition of Bid security. This Bid will remain subject to acceptance for ninety (90)
days after the day of Bid opening. BIDDER will sign and submit the Agreement witli the
Bonds and other docuinents required by the Bidding Requirements within fifteen (IS)
days after the date of OWNER'S Notice of Award.
3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement,
that:
(a) BIDDER has examined copies of all the Bidding Documents and of the following
Addenda, receipt of all which is hereby acknowledged:
Number Date
- Wa
(b) BIDDER has familiarized itself with the nature and extent of the Contract
Documents, Work, site, locality, and all local conditions and Laws and
Regulations that in any manner may affect cost, progress, performance or
furnishing of the Work.
(c) BIDDER has obtained and carefully studied (or assumes responsibility for
obtaining and carefully studying) all such examinations, investigations,
explorations, tests and studies which pertain to the subsurface or physical
11
_ ~3
4
NO.
l.
2.
3.
4.
5.
6.
7.
8.
9.
10
12.
13.
14.
15
BIDDER wi(1 complete the Woi•k for the following price(s):
UNIT PRICE SCHEDULE
ESTIMATED
DESCRIPTION QUANTITY
Mobilization. 1 LS
Removals and disposals. 1 LS
New sidewalk, complete, including
integral curbs.
Curb ramps, not including
detectable warning pavers.
Detectable warning pavers for
ramps, complete, in place.
Trench drain, complete, in
place, including connections.
Asphalt pavement repair.
Lighting poles, bases, and fixtures,
complete, in place. (Poles and fixtures
furnished by 0 WNER).
Electrical conduit, in trench.
Electrical conduit installed by bore,
including bore.
Electric conduit installed in existing
sidewalk (including saw cut and
repair).
#8 XHHW wire in conduit.
#10 XHHW wire in conduit.
Miscellaneous electrical, including
connections, breakers, pull boxes, etc.
Traffic control plan certification and
implementation.
TOTAL BID: (~l 4,675 SF
2 EA
61 SF
102 LF
686 SF
UNIT
TOTAL
PRICE
PRICE
~~3So •oo
$ 3 So.oo
$ ~tl`14.Op
$ ~179y.on
$ cn•on $ 0'tS10so . o0
$ 'Llso.oo $ 1~moQ.
$ 169. 2~S $ I I . sa
$ b•On $ ylib.oo
9 EA
$ SS3.bo
S H91100
387LF
$ 13•yS
$ Sa.,OS.1S
265 LF
$ aa.bS
$ booa.aS
122 LF
$ 31.911
$ 3B ly.9y
2,130 LF
$ 1.4L1
$ 3obl.ao
1,740 LF
$ 1.t5
$ aOOl.oa
1 LS
$ O .op
$ -30g\ .00
1 LS
$ L-lyb3•oo $ C4 y6 3.on
Cer'~V5 (FIGURES)
(USE WORDS)
13
ci 0~"'~.~
~ 5. BIDDER agrees that the Work will be substantially completed and ready for final
payment within 105 calendar days after the date when the Contract Time commences to
~ run, as provided in the General Conditions.
BIDDER accepts the provisions of the Agreement as to $220 per calendar day liquidated
~ damages in the event of failure to complete the Work on time.
6. The following documents are attached to and made a condition of this BID:
~ (a) Required Bid Security in the form of
~ 7. Communications concerning this Bid shall be addressed to the address of BIDDER
indicated below.
~ 8. The terms in this Bid, which are defined in the General Conditions of the Construction
Contract, included as part of the Contract Documents have the meanings assigned to them
~ in the General Conditions.
SUBMITTED on 20 ~ C)
~ Of the above total - Base Bid, is for materials actually
incorporated in the Work, and $ Sr)'ncn ,zq is for all other costs.
~
14
IF BIDDER IS:
An Individual:
BY (Seal)
(Individual's Printed Name and Signature)
doing business as
Business Address:
Phone Number:
A Partnership:
By
(Name of Firm)
Seal)
(General Partner's Printed Name and Signature)
Business Address:
Phone Number:
A Corporation:
Name of Corporation:
State of Incorporation: -,C(~XaS
By (noe
kPrinted Name of Person Authorized to Sign and Signature)
" (Title)
Attest: (Corporate Seal)
(Printed Name and Signature of Secretary)
Business Address: a,t Lnctio,c- A UC r\.o 's't-X lsyba
PhoneNumber: sza-18S-O`~30
A Joint Venture:
By
Address:
By
Address:
(Printed Name and Signature)
(Printed Name and Signature)
Phone:
Phone:
(Each joint venturer must sign. The manner of signing for each individual, partnership and
corporation that is a party to the joint venture should be in the manner indicated above.)
15
NONCOLLUSION AFFIDAVIT OF PRIME BIDDER
State of
County of LQCEa(- ) ss.
N L ~ ,PS!~' , being first duly sworn, deposes and says
that:
(1) He is - ofSrv?.~c\ s ~ SOt\ SS0 t\CC ~
the Bidder that has submit ed the attached Bid;
(2) He is fully informed respecting the preparation and contents of the attached Bid and of all
pertinent circumstances respecting such Bid;
(3) Such Bid is genuine and is not a collusive or sham Bid;
(4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, has in any way colluded,
conspired, comiived or agreed, directly or indirectly with another Bidder, firm or person
to submit a collusive or sham Bid in coruiection with the Cojitract for which the attached
Bid has been submitted or to refrain from bidding in connection with such Contract, or
has in any manner, directly or indirectly, sought by agreement or collusion or
communication or conference with any other Bidder, firnz or person to fix the price or
prices in the attached Bid or of any other Bidder, or to fix an overhead, profit or cost
element of the Bid price or the Bid price of any other Bidder, or to secure through any
collusion, conspiracy, connivance or unlawful agreement any advantage against the City
of Paris (Local Public Agency) or any person interested in the proposed Contract; and
(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by
any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or
any of its agents, representative, owners, employees, or parties in interest, including this
affiant.
(Signed) Q
r
Title
Subscribed and sworn to me this ar,,A day of ~cc_Ir~ , 200j_L.
By: L , t & h i^JR lb /
Notary Public
My commission expires
. ;
.
" 9 Q =
• ~P RE~'~'' •
0 ~ \
L9'20-201
6
~ ~;OC`'`?i r
CONTRACTOR CERTIFICATIONS
U.S. Department of Housing and Urban Development
CERTIFICATION OF BIDDER REGARDING CIVIL RIGHTS LAWS AND REGULATIONS
INSTRUCTIONS
CERTIFICATION OF BIDDER REGARDING Executive Order 11246 and Federal Laws Requiring Federal Contractor to
adopt and abide by equal employment opportunity and affirmative action in their hiring, firing, and promotion practices. This
includes practices related to race, color, gender, religion, national origin, disability, and veterans' rights.
NAME AND ADDRESS OF BIDDER (include ZIP Code)
?L
S c rs LI c- oe pCkr,
CERTIFICATION BY BIDDER
Bidder has participated in a previous contract or subcontract subject to Civil Rights Laws and Regulations.
2-les ❑ No
The undersigned hereby certifies that:
❑ The Provision of Local Traininq, Emplovment, and Business Opportunities clause (Section 3 provision) is inciuded in
the Contract. A written Section 3 plan (Locaf Opportunity Plan) was prepared and submitted as part of the bid
proceedings (if bid equals or exceeds $100,000).
❑ The Non Seqreqated Facilities clause (Section 109 provision) is included in the Contract. No segregated facilities
will be maintained as required by Title VI of the Civil Rights Act of 1964.
❑ The Equal Emplovment Opqortunity clause is included in the Contract (if bid equals or exceeds $10,000).
❑ The Affirmative Action for Handicapped Workers clause is included in the contract.
Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as amended?
❑ Yes X No
NAME AND TITLE OF SIGNER (Please type)
SIGNATURE DATE
17
r. ~ ~ .u
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SECTION 504 CERTIFICATION
POLICY OF NONDISCRIMINATION ON THE BASIS
OF DISABILITY
T- h -e- does not discriminate on the basis of disability in
the admission or access to, or treatment or employment in, its federally assisted programs or
activities.
(Name) o Jaz
(Address) -I r<'• ^ ✓ 'A V./:
(zrs 7j-
City State Zip
Telephone Number D~i? ~ Voice
( ) - TDD
has been designated to coordinate compiiance with the nondiscrimination requirements
contained in the Department of Housing and Urban DevelopmenYs (HUD) regulations
implementing Section 504 (24 CFR Part 8. dated June 2, 1988).
18
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17. Credit available.
18. Give three credit references, one of which must be a financial institution.
19. State the name and address of each of your Workmen's Compensation insurance carriers
for the last 5 years.
20. List each claim made against you by your employees or third parties for personal injury,
death, or property damage in each of the last 3 years.
21. List any and all litigation including arbitration, administrative proceedings, and mediation
in which you have been a plaintiff or defendant involving any owner, architect or
engineer over the past 5 years. This list should be in sufficient detail to explain the
positions of the various parties and the ultimate outcome as to the damages awarded (if
any). This list shall be considered material as respects the final awarding of any coiltract
connected with the bid. (State "none" or submit information on attached sheet).
22. The undersigned hereby authorizes and requests any person, firm, or corporation to
furnish any infornlation requested by the OWNER in verification of tlie recitals
comprising this Statement of Bidder's Qualifications
,
Dated at 7~ tl~is ~6~ day of
S?!9'' ~'f r`,S '~6•~' S z~~ c,~✓~~~
Name of Bidder
By:
Title: l1 ~rV
STATE OF t-1--~1
COUNTY OF ~ ~ ----1--- ✓
4~,~, 5(,_, , being duly sworn, deposes and says that he is
of 5'~-.,~~~,,,~ and that the answers to the foregoing questions
(name of contractor)
and all statements therein contained are true and correct.
~
Subscribed and sworn to before me this vday of U
W44 ~Y ~P •
~C/~•~~~P~ ~e~~0'~~
. ,
o-2~~
4
Notary ublic
My commission expires:
20
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~ STATEMENT OF BIDDER'S QUALIFICATIONS
~ (To be submitted by the BIDDER ONLY upon the request of the OWNER)
To allow the OWNER to determine the lowest responsible BIDDER, tlle following iilformatioll
~ shall be provided. Attach separate sheets as needed. ~
1. Name of BIDDER
~
~ 2. Type of organization, i.e., corporation, sole proprietor, partnership, etc.
~ 3. Permanent main office address.
4• When organized.
5. If a corporation, where incorporated.
6. State how many years have you been eilgaged iii the contracting business under your
present finn or trade name, and give all other names under which your organization has
operated in the last 10 years.
7. State the name of all corporate officers, or partners, or the owners, as appropriate.
8• State the company tax identification number, or, if a sole proprietor, the proprietor's
social security number.
9. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate
dates and current percent of completion). Provide name, address, and telephone number
of the project owner ajld the engineer.
10. Genera] character of work performed by your company.
11. Have you ever failed to complete any work awarded to you?
12. Have you ever defaulted on a contract? If so, where and why?
13. List your important projects recently completed by your company, and for whom, stating
the approximate cost for each, and the month and year completed. Provide name, address,
and telephone number of the project owner and engineer.
14. List your major equipment available for this contract.
15. Experience in construction work similar in importance to this project.
16. Background and experience of the principal members of your organization, including the
officers and the proposed Project Superintendent.
19
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STEPHENS & SONS
CONCRETE CONTRACTORS, INC.
4725 Lamar Avenue, Paris, TX 75462
903-785-430 Fax 903-785-4424
QUALIFICATION STATEMENT
The information included herein is to be used for
consideration purposes only and is not to be duplicated,
used or disclosed to outside entities without the express
permission of Stephens and Sons Concrete Contractors, Inc.
Name of Firm: Stephens & Sons Concrete Contractors, Inc
Address: 4725 Lamar Avenue, Paris, TX 75462
Telephone: 903-785-0430
Email: Bobbv4concrete()a,vahoo.com and/or Todd4concrete(~u,vahoo.com
Type of Entity: Corporation Date of Incorporation: 1991 State of Incorporation: Tegas
EIN 75-2519338 Years in Business: 19
Owners Name: Todd Stephens Percentage of Ownership: 100%
Individual Project Bonding Company:
SureTec
9737 Great Hills Trails, Suite 320
Austin TX 78759
Phone:512-314-3657 Fax:512-732-8398
Bank Reference:
Peoples Bank Acct 1513761
2805 Lamar Avenue
Paris, TX 75460
Name of Contact: Brad Perry Phone: 903-783-3800
Please feel free to check witL our Banker - Brad Perry if you have any questions
about the solidity of our fmances.
~ui $
STEPHENS & SONS CONCRETE CONTRACTORS, INC
Finance/Credit References:
McCoy's Building & Supply
PO BOX 1362
San Marcos, TX 78667
Name of Contact: Rio
Phone:903-517-2561 Fax: 903-739-8638
Finance/Credit References:
Coston & Sons Concrete
155 East Oak Ave
Paris, TX 75460
Name of Contact: Bubba Coston
Phone:903-784-2321 Fax: 903-784-5325
Finance/Credit References:
C&C Rentals
2720 North Main
Paris, TX 75460
Name of Contact: Bryan Clemer
Phone:903-785-1253 Fax: 903-784-4999
General Contractor References:
CR Meyer & Sons, Inc 903-739-2350 Kimberly Clark Project $5,964,394.80
Harrison Walker & Harper LP 903-785-1653 Newly Weds Foods $ 859,637..00
Business Volume:
Average annual billable volume during the past 5 yrs - 5.0 mil
Estimated billable volume this year 2.5 mil
Estimated carryover nezt year: .5 mil
Mazimum contract value that can be handled effectively is 10.mil over 12 months
~
STEPHENS & SONS CONCRETE CONTRACTORS, INC
General Information
Percent of Work done by own staff is 95%
Total Permanent Employees:
Craftsmen 8 Supervision/Admin 5 Laborers 10
Highest manpower level in past three years: 75
Lowest manpower level in past three years: 20
All employees are paid by Direct Company Payroll.
Stephens & Sons has been in business for 48 years - previously dba: Jerry Bob Stephens
Concrete Contractor, Inc @ 4725 Lamar Ave, Paris TX 75460
Stephens & Sons Concrete Contractors Inc has never failed to complete or defaulted on a
contract. Stephens & Sons Concrete had never been engaged in litigation over any
contract.
Our company has been in business since 1959. We have the knowledge and capability to
start and finish projects in a timely and professional manner. We have an extensive list
of owned equipment and a skilled labor force of quality employees. If the need should
arise for labor force or equipment to expand during a project, we will do what is
necessary to keep the project on schedule.
Construction experience and present commitments of the key individuals of our
organization.
Todd Stephens - 32 yrs ezperience; Rodney Cooper - 25 yrs ezperience; Bryan
Cooper - 26 yrs ezperience; Bobby Don Guess - 21 yrs ezperience
Workman Compensation Carrier:
Service Lloyds Insurance Co. PO BOX 26850, Austin TX 78755-0850
Ezperience Modifier - 2010 .72
Ezperience Modifer - 2009 .73
Experiecne Modifer - 2008 .79
Ezperience Mondifer - 2007 .95
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~.'ON~.`R.E7'E i.`'{?N'I'RACTORSp IMC.
4725 Lamar Avenue
Paris, TX 75462
Name / Address
Ciry of Paris
PO BOX 9037
PARIS TX 75461
Proposal
Date
Estimate #
3/2/2010
1356
Description
Quanity
Rate
Total
CITY OF PARIS - DOWNTOWN SIDEWALK REPLACEMENT
Scope per unit price schedule - attached
90,007.39
90,007.39
Tota I $90,007.39
Phone #
Fax #
E-mail
903-785-0430
903-785-4424
Evelyn4concrete@yahoo.com
,
U00,
BID BOND
KNOW ALL MEN BY THESE PRESENTS, tllat W2 the Uildef6lgfteCJ§tephens 8 sons Concrete Contractors, lnmg
~ PRINCIPAE„ and SureTec Insurance Comoanv , as SURETY are held and firmiy
baund urllo CLty of Paris hereinafter called the "Owner", in the penal sum
Of Five Percent of Greatest Amount Bid D0119r5, 5% GAB lawfui money Of the
~ United States, for the payment of whioh sum well and truty to be made, we bind ourselves, our 1,eirs,
executors, administrators, successors, and assigns, jointly and severelly, firmly by these presents.
THE CONDITION 0F THfS 08LIGATION IS SUCH, that wheress the Principal has submitted the
~ Accompanying Bid, d8t@d March 2, 2010 , fpt Math and Science Classroom Addition to Hiqh School
NOW, THEREFOR, if the Principal shalf not withdraw said Bid within the period specified fherein after
~ the opening of the same, or, if no period be specified, within thirty (30) days after the said opening,
and shall within the period specif,ed iherefor, or if no period be specified, within ten (10) days after the
prescribod forms are presented to him for signature, enter into a written contract with the Owner in
accordance with the Bid as acCepted, and, give bond with good and sufficient surety ar sureties, as
~ may be requlred,- for the 4aithful perfotmance and proper fulfrllmant af such contract; or in the event of
the vuikhdrawai of said Bid within the period specified, or the fai(ure to entEr inte such Contract and
~ give such bond within the time specified, 'rf the Principa) shall pay the Owner the difference between
the amount specified in said 8id and the amount tor whlch the local Pubiic Agency rnay procure the
required work or suppliss or both, it the latter be in excess of the fonner, then the -abovE obligation
„ shal( be void and of no effect, vtherwise to remaln in full force and virtue.
IN WI7NESS THEREOF, the above-bounded parties have executed this instrument under their
several seals this 2nd day of March 2010 , the name and corporaie seal of
each corparate party being hereto affixed and these present signed by its undersigned representative,
pursuant io authority of its governing body.
(SEAI..)
Atiest:
Attest:
cf~
~ (~)GJ~L)
~ ASfIY.
Corporate
Seal
By:
Affix
Corporate
Sea!
Attesl;
Cou7tersiq ned
,
~
BY
` Attatney-in-►-act, State af
By:
9
a 6 O~~'JLi
BiD BOND
KNOW ALL MEN BY THESE PRESENTS, that we ihe under5ig(1edptepnens & sons concrece Contractors, Incag
~ PRINCIPA!„ and SureTec Insurance Comoanv , as SUREN are held and tirmiy
baund unto cit of Paris hereinafter calied the "Owner", in the penal sum
Of Five Percent of Greatest Amount Bid Dollars, 5% GAB 13VYfu1 maney Of the
~ Unlted States, for the payment of whioh sum welf and ttuly to be made, we bind ourselves, our heirs,
execu2ors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
~
THE CONDITION OF THfS OBLIGATIpN !S SUCH, that whereas the Principal has submitted the
Aecompanying 81d, daied March 2, 2010 , for Math and Science Classroom Addition to Hiqh School
NOW, THEREFOR, if the Principaf shall not withdraw said Bid within the period specified fherein afier
the opening of trie same, or, if no period be specified, wiihin thirty (30) days after the said opening,
and shalt wl2hin the periad specified therefor, or if no period be specif+ed, within ten (10) days after the
prescribod forms are presented to him for signature, enter into a written contract with the Owner in
accordance with the Bid as accepted, and. give bond wiin gaod and sufficient surety or sureties, as
may be required,- for the faithful perfotmance and proper fulfilfinent af such aontract; or in the event of
the withdrawal of said Bid within the period specified, or the failure to enter inte such Contract and
give such bond within the time specifred, if the Ptincipal shall pay the Owner the differanae between
the amount specified in said 8id and the amvunt fvr which the local Pubtic Agency rnay procure the
required wvrk or supplies or both, if ihe latter be in excess of the former, then (he,above obligation
shall be vaid and of na effect, otherwise lo remain in full torce and virtue.
IN WITNESS THEREOF, the above-bounded parties have executed this instrument under their
several seais this 2nd day of March 2010 , the name end corporate seal of
each corporate party being hereto affixed and these presenE signed by its undersigned representative,
pursuant to authority of its governing body.
{SEAL)
v 6'/~z'`T"')
I Attest:
I Attest:
(:>E.AL)
Hytl X
CorparaYe
Seai
BY=
Affix
Corporate
5ea1
Attest;
Countersiq ned
I ,
" AttArhey-in-i-a;~t, State of
9
By:
o0~ 5~
►Ion 5069522
SureTec Insurance Company
LIM[TED POWER OF ATTORNEY
Knoiv A1/ Men by Tlrese Present.c, That SURE'I'EC 1NSURANCE COMPANY (the "Company"), a corporation duly organized anci
existing under the laws of the Stalc of Texas, and having its principal offce in Houston, Harris County, Tcxas, docs by these presents
make, constitulc aiid appoint
Amy Stephens
its h•ue and lawful Attorney-in-fact, with full power and authority hcrcby coiiferred in its name, place aiid stcad, to executc, acknowledge
aiid deliver any and all bonds, recognizances, undertakings or other instruments or conh•acts of suretyship to include waivers to the
conditions of contracts and consents of surety for:
Principal: Stephen & Sons Concrete Contractors, Inc.
Obligee: City of Paris
Amount: $ 100,000.00
aiid to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed wiih thc corporatc
scai of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the
prcmises. Said appointment is made under and by authority of the foliowing resolutions of the Board of Directors oY the Sure"1'cc
Insurance Company:
13e it Kesolved, that the President, any Vice-Yresidcnt, any Assistant Vice-President, any Secretary or any Assistant Secretaiy sliall bc and is
hereby vestcd with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Pact to represent and act liir and on
bchal f of thc Company subject to the f'ollowing provisions:
/II/OI'!7L'y-171-I%nct may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowicdge and
deliver, any aiid all bonds, recognizances, contracts, agrccmcnts or indemnity and other conditional or obligatory undertakings aiid any and all
noticcs aiid documcnts canceling or terminating the Company's liability thcreunder, aiid any such instruments so cxccutcd by amy such
Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secrctary.
l3e it Ilesolved, that the signature of any authori•r.ed of7icer and seal of die Company heretofore or hereafter affixed to uny powcr of lttorncy or
any certificate relating Uierclo by facsimile, and any power oi'attorncy or ccrtificatc bcaring facsimilc signature or facsimiic scal shall he valid
aiid binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted nt n meetiizg held nn 20'h uff9pril,
1999)
./n Wilness Whereof; SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, aiid its corporate seal
to Ue hereto affixed mis i st day of April, A.D. 2007.
RANSURETEC INSU CE COMPANY
ay:
w; W ;n: B..J. Ki , eside
~i, z`
State of Tcxas ss:
County of i larris ~
a
On lhis lst day ot' April, A.D. 2007 bcfore me personally came B.J. King, to me kuown, who, being by mc duly sworn, did dcposc and say, ihat hc
residcs in Houston, '1'exas, that he is 1'resident of SURG7'EC 1NSU12ANCl-, COMPANY, the company describcd in aiid which cxccutcd the abovc
instrumcnt; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so a1'iixed by order ol'thc
Roard ol'Dircctors of said Company; and that he signcd his name tliereto by likc ordcr.
pYI": - RHONDA MCCARY
Notary Public, State of Texas ~
` My Commission Expires
September 11, 2010 Rhonda McCary, Notary Publ
My commission expires Scptember 11, 2010
I, M. Brent Beaty, Assistant Secretary of SURCTEC INSURANCE COMPANY, do hereby certify that the above and f'oregoing is a lruc and correct copy
of'a Power of Attorncy, exeeuted by said Company, which is still in full forcc and cffect; aiid furthermore, the resolutions oPlhe 13oard ol I)ircctors, set
ouf in thc Power of Attorney arc in full forcc and effcct.
Given under my hand aiid the seal of said Company at Houston, Texas this 2nd day of March 2010 n.D.
M. Brent [ieaty, Assistant cretary
Any 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.
_ 0 0 rli:~ -
SureTec Insurance Company 1~
THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION !
Statutory Complaint Notice
To obtain information or make a complaint: You may call the Surety's toll free 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 shatl not be liable for, losses
caused by acts of terrorism, riot, civil insurrection, or acts of war.
Exclusion of Liability for
Mold, Mycotoxins, Fungi 8 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.
~
» 0 0 5 0
BID BOND
~ KNOW ALL MEN BY THESE PRESENTS, thaf We the undersigttedptepnens & sons concrete Contractors, Inq8g
~ PRitVCIPAL-and SureTec Insurance Comoanv , as SURETY are held and fit'miy
bound unto Citv of Paris hereinafter called the "Owner", in the penal sum
Of Five Percent of Greatest Amount Bid Doll9fs, 5% GAB IaYVfuI maney Of the
~ United States, for the payment of which sum well and truty to be made, we bind ourselves, our heirs,
executors, admtnistrators, successars, and assigns, jointly and severally, firrnly by these presents.
THE CONDITION 4F TH{S 013LfGA710N !S SUCH, that whereas the Principal has submitted the
Aecompanying Bid, dated MarCh 2, 2010 , fOf Downtown Sidewalk Replacement - Sidewalk Curb, Gutter, 8 Ramps
NOW, THEREFOR, if the Principel shall nok withdraw said 8id within the period specified fherein after
the apening of the same, or, if no period be speciried, within thirty (30) days after the said opening,
and sha(I wlth9n the period specified therefor, or if no period be specified, within ten (10) days after the
preitcribod forms are presented to him for signature, enter into a written contract with the Owner in
accordance with the Bid as accepted, and give bond wiin good and suificient surety or sureties, as
mey be requlred,-for the faithFul performance and proper fulfrllment af such aontract; or in the event of
the withdrawai of said Bid within the period specified, or the faifure to enier inte such Coniract and
give such bond within the time specified, 'rf the Principal shatl pay the Owner the differance between
the amount specified in said Bid and the amount fvr which the local Public Agency rnay procure the
required wvrk or supplies or both, if the latter be in excess of the foRner, then the-above obligaiion
shal( be void and of no effect, vtherwise to remain in full farce and virtue.
IN WI?NESS THEREOF, the above-bounded parties have executed this instrument under their
several seels this 2nd day of March 2010 , the name and COfpDrBt@ SEBI of
esch corporate party being hereto affixed and these presenE signed by its undersigned representative,
pursuant io authority of its governing body.
(sEaL)
I AUest,
I Attest:
(SEAL)
Affi x
Corporate
Seal
By:
Affix
Corparate
Sea!
Attest:
I Counfersigned
act, State of
By:
9
CERTIFICATE AS TO CORPORATE PRINCIPAL
1, T,41SIldtrl- , certify chat i arn the Seeretery
of the
Corporation r►amed as Principaf in the with(n bond; that i,,✓,l s~-taa,~,~ s, who signad khe said bond
on behalf of the Principal was then rl"' of said carporatian; that I know his signature, and
his signature thereto is genuine; and that said bortd was duly signed, sesled, and attested to, for and
in b@half of said corporatian by authority of this goveming body,
Cor orate
Seal
Title:
' Power-of-attorney for person signing for surety company must be attached to bond.
10
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►Ion a: 5069522
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Kirow A!! Men by These Presents, That SURET'EC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of tlle Statc of Texas, and having its principal offce in Houstoii, Hatris County, Texas, does by these presents
iiiake, constitute and appoint
Amy Stephens
its true and lawful Attoiliey-in-fact, with full power and authority hereby confcrred in its name, place and stead, to execute, acwiowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions ot' contracts and consents of surety for:
Principal: Stephen & Sons Concrete Contractors, Inc.
Obligee: City of Paris
Amount: $ 100,000.00
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
scal of the Compaiiy and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the
premises. Said appouitmcnt is made under and by authority of the following resolutions of the Board of Directors ot' the Sure'1'ec
[nsurance Company:
Be it Resolved, that the President, any Vice-Yresident, any Assistant Vice-President, any Secretary or any nssistant Secretaty shall be and is
hereby vcsted with fui power and authority to appoint any one or more suitable persons as Attorney(s)-in-raet to represent and act f'or and on
bchalf of' Uie Company subject to the following provisions:
Atlorney-in-Fuct may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowicdgc and
deliver, any and all Uonds, recognizances, contracts, agreements or indemnity 1nd other conditional oc obligatory undcrtakings and any and all
notices and documcnts cance(ing or ternlinating the Company's liability therewider, and any such instruments so cxccutcd by any such
Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by ihe Corpoiate Secretary.
Be it Resolved, that the signature of any auUiorired officer and seal of the Company heretofore or hereafler affixed to any powcr of ltlorncy or
any certificate relating thereto by facsimile, and any powcr of attorney or certificatc bcaring 1'acsimile signatw-c or (acsimilc scal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attachcd. (Adopled nl n rneeirng he1d ai 20`h n/ Aprrl,
1999.)
/n Wiiness Wlrereof; SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate sea]
to be hereto affixed this 1 st day of April, A.D. 2007.
+0pN~~IM~pIpMU~~y SURETEC 1NSU ~
CE COMPANY
~,\asFC~
X q ,p~~ By'
y~ B.J. Ki , eside
State oY Texas ss: 7'.
~ `c~
County of 1 larris
"~w,nnoi ~`mm••~xd
On this 1 st day ot' Aprii, :5,1). 2007 before me personally came B.J. King, to me known, who, bcing by me duly sworn, did depose and say, that lic
resides in Houston, "f'exas, that he is President of SURETEC INSUItANCE COMPANY, the company described in and which cxecutcd the abovc
instrumcnt; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate scal; that it was so affixed by ordcr of thc
Board o(' Dircctors of said Company; and that he signed his name thereto by like order.
`,?o;:RY►~:,n- RHONDA MCCARY
Notary Public, State of Texas
My Commission Expires
• 'i ;
September 11, 2010 Rhonda McCary, Notary Publ
My commission expires September 1], 2010
I, M. I3rent Beaty, Assistant Secretary of SURCTEC INSURANCE COMPANY, do hereby certify tliat the above and foregoing is a truc and correct copy
of a Power of Attorncy, cxccuted by said Company, which is still in full force and effect; and furthermore, the resolutions of the 13oard ot' I)ircctors, set
out in thc Power of Attorney are in ('u11 force and cffect.
Given under my hand and the seal of said Company at Houston, Texas this 2nd day of March 2010 /1.D.
.
M. Brent fieaty, Assistant a•ctary
Any instrument issued in excess of the penalty stated above is totalfy void and without any validity.
For verification of the authority of this power you may cail (713) 812-0800 any business day between 8:00 am and 5:00 pm CST.
0 0 0 ~1 11U
' SureTec Insurance Company
THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION I
Statutory Complaint Notice
To obtain information or make a complaint: You may call the Surety's toll free 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
Emaii: 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 spilis, 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.
~
K ~~0 5
CERTIFlCATE AS TO CORPORATE PRINCIPAL
, 7o St-rp ~4-5 , certify chat I am the 'i J( r I ; ,-g6GnQta4y af the
Corporation r+amed as Principal in th2 wifhin bond; that r~wi who signed the said band
on behatf of the Principal was then of said catporatian; that I know his signature, and
his signature thereto is genuine; and that said bond was duly sianed, sealed, and attested to, for and
in behalf of said corporation by authority of this governing body,
CC; OTate
~eal
Titl~•
~ ~
' Power-of-attorney for person signing for surety company must be attached to bond.
10
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