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2010-038 RES ACCEPTING BID AND AWARDING CONTRACT FOR THE TX CAPITAL FUNDRESOLUTION NO. 2010-038 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 MAINSTREET 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 8th day of March, 2010. Je~sse Jame reelen, Mayor ~ .4,TTEST: ice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McII ar, ity Attorney AGREEMENT THIS AGREEMENT is dated as of the 8th day of Marrh in the year 200_10_, 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 1. WORK CONTRACTOR 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. 32 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 CONTR.ACTOR 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 22 ~ EXHIB(TA- ~ OWNER shall pay CONTR.ACTOR 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, CONTRACTOR 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 CONTRACTOR is entitled to rely. 7.3 CONTR.ACTOR 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, 23 reports, studies or similar information or data are, or will be, required by CONTRACTOR for such purposes. 7.4 CONTRACTOR 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, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 7.7 CONTR.ACTOR 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 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 F 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 , 2002010 OWNER: CITY OF PARIS, TE%AS CONTRACTOR: sTEPHExs & 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 26 BID PROJECT IDENTIFICATION: CONTRACT IDENTIFICATION AND NUMBER: Downtown Sidewalk Replacement TCF #728002 and HEI 4180041 THIS BID IS SUBMITTED TO: City of Paris 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, without limitation, those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for ilinety (90) days after the day of Bid opening. BIDDER will sign and submit the Agreement with tlle Bonds and other documents required by the Bidding Requirements within fifteen (15) days after the date of OWNER'S Notice of Award. 3. In submitting this Bid, BIDDER represents, as niore 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 "J--F ~-1- (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 4. BIDDER will comp(ete the Work for the following price(s): UNIT PRICE SCHEDULE ESTIIVIATED NO. DESCRIPTION QUANTITY 1. Mobilization. 1 LS 2. Removals and disposals. 1 LS 3. New sidewalk, complete, including integral curbs. 4. Curb ramps, not including detectable waming pavers. 5. Detectable warning pavers for ramps, complete, in place. 6. Trench drain, complete, in place, including connections. 7. Asphalt pavement repair. 8. Lighting poles, bases, and fixtures, complete, in place. (Poles and fixtures furnished by OWNER). 9. E(ectrical coilduit, in trench. 10. Electrical conduit installed by bore, including bore. 11. Electric conduit installed in existing sidewalk (including saw cut and repair). 12. #8 XHHW wire in conduit. 13. #10 XHHW wire in conduit. 14. Miscellaneous electrical, including connections, breakers, pull boxes, etc. 15. Traffic control plan certification and implementation. TOTAL BID: Nj, 4,675 SF 2 EA 61 SF 102 LF 686 SF UNIT TOTAL PRICE PRICE $ 3So ,oO ~ ~ 5~.00 $~~p $ L119A.0 ~ $ b•o° s ag, p5o . o0 $ LISo•o° $ °1M.on $ b.bh $ °~tlb•oo 9 EA $ SS3.bo S `4911.00 387LF $ 13.yS $ SMS.15' 265 LF $ a2.b5 $ booa.aS 122 LF $ 31.a1 $ 3t ly.`1`I 2,130 LF $ 1.yL1 $ 30b,.ao 1,740 LF $ 1.15 ~ aGcl.oa 1 LS $ 0 .o p$ 36R0 •00 1 LS $ ~dy63,oo $ L4yb3.on :r ;ne- $ 0 3a~ c,er\:~s (FIG RES) (USE WORDS) 13 ~ 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 S220 per calendar day liquidated ~ damages in the event of failure to complete the Work on time. 6. The following documents are attached to and inade a condition of this BID: ~ (a) Required Bid Security in the form of E;a ~ 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 ~ Of the above total - Base Bid, yp `~c~),nc, is for materials actually incorporated in the Work, and $ SQ' nc1 , 3q 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: ************************~:~******~*************~***~**~**************~**~****~r* A Partnership: By (Seal) (Name of Firm) (General Partner's Printed Name and Signature) Business Address: Phone Number: A Corporation: Name of Corporatioii: S7~(?pVens ~ Sot1s Com.~,P-Vc- C nt1V~o.c.io c' s State of Incorporation: 'rP XGl S By (nveSS _ kPrinted Name of Person Authorized to Sign and Signature) (Title) Attest: r~ v c~--~ ~ 1•-e,,-, ~ (Corporate Seal) (Printed Name and Signature of Secretary) Business Address: y,7 a,c A ULr\.) e 15 yb Phone Number: !N~- ~l g S -e O A Joint Venture: By Address: By Address: (Printed Name and Signature) Phone: (Printed Name and Signature) 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 LQCy,,aC- ) ss. o~~~, ~~vPSS , being first duly sworn, deposes and says that: (1) He is ~o1ec+ (`~rsN a~-Qc- of S-tt- ~~ns ~ Son~ C0 ~c.ce 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, i»cluding this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with another Bidder, firm or person to submit a collusive or sham Bid in coruiection with the Contract 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, firnl or person to fix the price or prices in the attached Bid or of any otlier Bidder, or to fix ai1 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) Title Subscribed and sworn to me this a,-,,,A day of Noce_Ir, , 200_V~. By: ,C v t l.,Jp /b / Notary Public My commission expires S' ~0 ,2_01~ N W ~C/ 0~~'RY p~ C,~ = : e~~0 : ~ ; " 9 Q ; ~OFle o~~'PIRES.•'~ ,16 i 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 Federai 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 (inciude ZIP Code) S c c ~s L4,71 r- v~ -tk -7` CERTIFICATION BY BIDDER Bidder has participated in a previous contract or subcontract subject to Civil Rights Laws and Regulations. 2-1'e s ❑ No The undersigned hereby certifies that: ❑ The Provision of Local Traininq Emplovment and Business Opportunities clause (Section 3 provision) is included in the Contract. A written Section 3 plan (Local Opportunity Plan) was prepared and submitted as part of the bid proceedings (if bid equals or exceeds $100,000). 0 The Non Seqreqated Facilities clause (Section 109 provision) is included in the Contract. No segregated facilities wili be maintained as required by Title VI of the Civil Rights Act of 1964. ❑ The Equal Emplovment Opportunity clause is inciuded 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 ~ No NAME AND TITLE OF SIGNER (Please type) SIGNATURE DATE 17 I SECTION 504 CERTIFICATION ~ ~ POLICY OF NONDISCRIMINATION ON THE BASIS OF DISABILITY I -,R ~ep J,~ does not discriminate on the basis of disability in I the admission or access to, or treatment or employment in, its federally assisted programs or ~ activities. (Name) Lk.-, oJe-s-S (Address) `j 's- ° r" ✓ A ~c (z S Z`"%t 7 C~/,~ City State Zip Telephone Number Voice ( ) - TDD ~ has been designated to coordinate compiiance with the nondiscrimination requirements contained in the Department of Housing and Urban Development's (HUD) regulations ' impiementing Section 504 (24 CFR Part 8. dated June 2, 1988). 18 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 tlzird 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 contract 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 infonnation requested by the OWNER in verification of the recitals comprising this Statement of Bidder's Qualifications ~ / Dated at ° ~ 7J this /4l~ ~ jS~ day of ~ f ~ ~ ' ~ 4 STATE OF / COUNTY OF ~ ~ ~ S~iy~?rn~ G.~S ~~,~-yl (✓~✓L Name of Bidder By: Title:~i~ being duly sworn, deposes and says that he is of and that the answers to the foregoing questions ` (name of contractor) and all statements therein contained are true and correct. „ c- IJ Subscribed and sworn to before me this c,).- day of /C, W n4 YPU• . ; •.E7CP RES•' or- $ .08'20- ""0111111101% Notary Public My conimission expires: 20 ~ STA'I'EMENT 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, the following information shall be provided. Attach separate sheets as needed. ~ T~a - -r 1. Name of BIDDER 4 / 2. TYPe of organization, i.e., corPoration, sole ProPrietor> PartnerslliP> etc. 3. Permanent main office address. 4. When organized. 5. If a corporation, where incorporated. 6. State how many years have you been engaged in 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 corpoi-ate 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 iiumber. 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 and the engineer. 10. General 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 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: Bobby4concrete(a),vahoo.com and/or Todd4concretena,_yahoo.com Type of EntitX: Corporation Date of Incorporation: 1991 State of Incorporation: Tezas 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 with our Banker - Brad Perry if you have any questions about the solidity of our finances. 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 Refereiaces: 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 St 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 Ezperiecne Modifer - 2008 .79 Ezperience Mondifer - 2007 .95 ~ ~ ~oo v° F °o e a o ~ ~ ~ ~ ~ W(~ W ~ z ~ U W ~ `ya F~' ~G $~no e~ r 0 r~.-~ ~ F $o e r°.+ F{~ Q U o 0 Z z ~ U ~ ~ ~ C O ~ a a ~ ti W " a~. ~t- u ~ F o e.°-~ FW Q U 0 0 z z W U a F4 V O O ~ ~ ~ ~ rs7 ~ ~~n c°~ W+ $o O ~ W ~ ~ ~ ~ a' o ° P4 ~ ° V o a a~ a p~ a F" O ai"a x m m aA a m a oi~ z oA 0 3 0 oz ow~ G W 0 0 C> 0 G o 0 G~ 0 ~ 0 G o 0~ C A o G ~o ~ 0 0 0~ o ~ o 0 ~ 0~ o 0 0~ o~~ o u~ u u V~ u M u F„ W u td c~ ~ Ir, c,~.7 u t> tn u ~ h N u P. c> Z c~ O~ c~ U ~ F p4 A F O a U ~ U a ~ a z d 3 H w v~, aa v a ~ ~ x W W zd z Z~ ~ 0 0. 1 ~i o Z C4 a►~i o a a a 0 a a x o C L~ ~ ~ bA 0 ~ cd .L: J-, ~ ~ N ~ ~ U ~ O N 0 ~ U N O ~ ~ ~ O ~ ~ O U ~r 0 ~ ~ ~ ~ N ~ kr) ~ ~ > ~ V) Cd Q N ~ 'b a~ ~ ~ ~ U ~ cC ~ O N bA O ~ ~ U ~ 'o ~ 0 ~ ~0 ~ O~ w 01 O a U Or Frl F¢¢~~ z 0 F Q~ WW n„~ C E. 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O, 0 C~ c7 C~ C~ U v] 0 ON C! t7 n ~ 0 0 vl U 0 e4 4t O O ~ F a ~ W W a a U U U U F+ d z z ~ ~ ~ ~ d o ~ d o ~ a z o ~ CONCR.ETE, CONTRAJCTOR'S' INC. 4725 Lamar Avenue Paris, TX 75462 Name / Address City of Paris PO BOX 903'7 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 Total $90,007.39 Phone # Fax # E-mail 903-785-0430 903-785-4424 Evelyn4concrete@yahoo.com BeD BoND KNOW AI.L MEN BY THESE PRESENTS, that we the underslgned~tephens & sons concrete Coniractors, incgis PRINCIPAL, and SureTec Insurance Comipanv , a5 SURETY are held and tirmiy bound unlo City of Paris hereinafter called the "Owner", in the penal sum of Five Percent of Greatest Amount Bid Dollars, 5°io ~AB 1auvFuf money of the United States, far the payment of which sum well and truly to be made, we bind ourselves, our heirs, ezecutors, administrators, successors, and assigns, jointly and severaliy, firrnly by th2se presents. THE CONDITfON 0F THiS 08LiGATlpN 1S SUGH, that wherens the Principal has submitted the Accompanying Bfd, daied March 2, 2010 , for Math and Science Classroom Addition to Hiqh School NOW, THEREl=OR, if the Principat shali not withdraw said Bid within the period specified fherein after the opening of ine same, or, if no period be specified, within thirty (30) days after the said opening, and shatl wi4hin the periad specif,ed iherefor, or if no period be specified, within ten (10) days after the prescriboc9 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 sufficient surety or sureties, as may be requlred,- for the faithful performance and proper fulfrllmant af such contract; or in the even4 of the withdrawal of said Bid within the period specified, or the fai(ure to entEr inte such Contract and give such bond wilhin the time specifred, if the Principal shall pay the Owner the difference between the amount specified in said Bid and the amount fer which the local Public Agency rnay procure the required vfevrk or supplies or both, if the latter be in excess of the former, then the.abovE obligation shaH be void and of no effect, vtherwise to remain in fult farce and virtue. Ilv WITNESS THEREOF. the above-bounded parties have executed this instrument under their several seats this 2nd day of March 2010 , the name and corporaie seal of each corpafate party being hereto affixed and these presenf signed by its undersigned representative, pursuant io authority of its goveming body. Attest: Attest: Attest; Countersig ned ~ {SEAL.) ~ (SLJ'1L) 4~AWi Y. Corparate Seal By: affix Corporate Sea! Sy: ` Attorney-in-i-?ut, State of BiD BOND ~ KNOW Al.L MElV BY THESE PRESENTS, that We Flle Uildef5lgneCJ~tepnens & sons Concrete Contractors, Incag PfZ1DJCIPAL, and _ Su Paris reTec Insurance Companv aS SURETY afe h2ld and firmiy bound urlto Cit of hereinafter called the "Owner", in the penal sum Of Five Percent of Greatest Amount Bid DOllSS'S, 5% GAB 12WFu1 maney Of the Unlted States, for the payment of whioh sum welf and truty to be made, we bind oursefves, our heirs, execuiors, adrninistrators, successors, and assigns, jointly and saveraliy, frmly by {hese presents. THE CONDITION 0F TH{S 08LfGAT14N !S SUCN, that wheregs the Principai has submitted the Aceompanying Bfd, daied March 2, 2010 , for Math and Science Classroom Addition to Hiqh School NOW, THEREFOR, if the Principal shall not withdraw said Sid within the period specified therein after the opEning of ltte S8R1e, or, if no period be 5pecified, wiihin thi►ty (30) days after the said opening, and shall wFthin the period specified therefor, or if no period be specif+ed, within ten (10) days after the prescribod farms are presented to him for signature, enter into a written contract with the Owner in acoordance with the Bid as acCepted, and. give hond wiin good and sufficient surety or suret+es, as may be required,- for the 4aithful perfon'nance and proper fulflfmsnt af such contrack; or in the event of the wikhdrawal of said Bid within the period specified, or the Failure to enier into such Contract and give such bond within the time specifred, if the Principal shall pay the Owner the d9fferance between the amount specified in said 8id and the amounk fvr which the local Public Agency rnay procure the required work or supplies or both, if the latter he in excess of the foRner, then lhe-abvvE obligation shall be void and of na effect, otherwise to remain in full force and virtue. Itv WITNESS THEREOF, the above-bounded parties have executed this ir+strument under their several seals this 2nd day of March 2010 , the name and corporafe seal of each corporate party being hereto affixed and these present signed by its undersigned representative, pursuani io authority of its governing body. (SFAL.) .`r,r1L1 r I Atiest: Affix Corporate Sea! I Attest: BY= ~ ~ Attest: ~ Countersic:ned - r ~ (:iE.Ai.) H~ifIY. CorparaYe Seal By: ` Attatney-in-►=aut, State of 9 CERTIFiCATE AS TO CORPORATE PRINCiPAL I, Sf~ )r, s , certify that i am the Seeretary of ihe Corporation named as Principal in the within bond; ihat j-,i,/ who signed the said bond on behalf of the Principal was then of said carporatian; that I know his signature, and hiS signacure thereto is genuine; and that said bond was duly signed, sesled, and attested io, for and in behalf of said corparatian by authority of this governing body, Corporate Seai Title: ' Power-of-attorney for person signing for surety cornpany must be attached to bond. 10 ►>on a: 5069522 SureTec Insurance Company LIMITED POWER OF ATTORNEY tinoiv All Men by Tlresc Presents, That SURET'EC INSURANCE COMPANY (tlie "Company"), a corporation duly organized aiid existin' - under the laws of the Statc of Texas, and having its principal office in Houston, Harris County, Tcxas, does by these presents make, constitutc aiid appoint Amy Stephens its true aiid lawful Attor-iiey-in-fact, with full power aiid authority hereby confeired in its name, place and stead, to cxecutc, acknowledge and deliver any aiid all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers Io the conditions oi' contracts and consents of sui•ety for: Principal: Stephen & Sons Concrete Contractors, Inc. Obligee: City of Paris Amount: $ 100,000.00 aiid to bind the Company thereby as fu]]y and to the same extent as if such bond were signed by the President, sealed wilh the corporate scal of the Company aiid duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the prcmises. Said appoultment is made under aiid by authority of the following resolutions of the Board of Directors oi' the Sure"1'ec [nsurance Company: 13e it Resolved, that the PresidenY, any Vice-Yresident, any Assistant Vice-President, any Secretary or any ilssistant Secretary shall be and is hcreby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Pact to represent aiid act for aiid on UchalC oi'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, acknowicdgc 2nd deliver, wiy aiid all Uonds, recognizances, contracts, agreements ar indemnity and otlier conditional or obligatory underlakings aiid any and alll notices aiid documenis canceling or terminating the Compaiiy's liability thereunder, aiid any such instiwnents so cxecuted by any such Attorncy-in-Fact sha(I be binding upon the Company as if signed by the President and sealed and effected by the Corporate SccrcLary. L3e i1 Resolved that the signature of any authorired officer and seal of the Company heretofore or hereafter affixed to any powcr o f lttorncy or any certificate relating therelo by facsimile, and any power of attorncy or certificatc bearing 1'acsimilc signature or I'acsimile scal shall be valid and binding upon thc Company with respect to any bond or undeitaking to which it is attachcd. (Adopted at n meeung held ai 20`'' nf ffpril, 1999,) /n Witness Wkereof, SURETEC iNSURt1NCE COMPANY has caused these presents to be signed Uy its President, aiid its corporate seal to be hereto affixed tliis 1 st day of April, A.D. 2007. ~ypNllMip~~MUi~4 SURETEC INSU CE COMPANY G~~~SUXANCF~~~ w' w D ~ By. B.J. Ki , eside i State ofTexas sti: 4p~., Cownty of1 lan•is r~,, "H•w,~,~~~ *,~n„~ ,~s On this lst day o1' Aprii, A.I). 2007 bcfore me personally came B.J. King, to me known, who, bcing by me duly sworn, did depose and say, that hc residcs in Houston, 'i'exas, that he is I'resident of SURETEC INSUItANCE COMPANY, the company describcd in aiid which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate scal; th2t it was so affixed by ordcr of thc Board of I)ircctors of said Company; aiid that he signed his name thereto by like ordcr. RHONDA MCCARY Notary Public, State of Texas ` My Commission Expires September 11, 2010 Rhonda McCary, Notary Publ My commission eapires September 11, 2010 I, M. 13rent Beaty, Assistant Secrctary of SURETGC INSIJRANCE COMPANY, do hereby certify that the above aiid foregoing is a lruc and correct copy of a Power of Attorncy, cxcculed by said Company, which is still in full force and effect; aiid furthermore, the resolutions of Uhe Board of' Uircctor:ti; set out in thc Nower of nttorney are in lull forcc and cffect. Given under my hand aiid the seal of said Company at Houston, Texas this 2nd day of _ March 2010 , A.D. M. Brent f3eaty, Assistant crctary 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. CERTIFICATE AS TO CORPORA7E PRINCIPAL I, T, S~'-~,, 41 ^j , certify chat I arn the / ~ , D'~T ( ' -a'BSFeSarY of the Corporation named as Principal in the within bond; ihat 7-.wj who sigrted the 5aid bond on behaif of the Principai was then ~i rof said corporation; that I know his signature, and his signature ihereto is genuine; and that said bond was duly signed, sesied, and attested io, for and in behalf of said corporation by authority of this governing body, Gc~ orate ~~al Titl~• ~ ' Pawer-of-attorney for person signing for surety cornpany must be aitached to bond. 10 ~ureTec lnsurance GQmpany THIS BOND RIDER CONTAiNS IMPORTANT COVERAGE INFORI`c/ATIO14 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 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 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. ron u: 5069522 ~ I , SureTec Insurance Company LIMITED POWER OF ATTORNEY i hrrow All nlen by These Presenls, That SURE'I'EC 1NSURANCE COMPANY (the "Company"), a corporation duly organized ancl existing under the laws of the Statc of Texas, and having its principal office un Houston, Harris County, Tcxas, docs by these presents mal<e, constitutc aiid appoint Amy Stephens its h-ue aiid lawful Attorney-in-fact, with full power aiid authoz•ity hcreby covfei•red in its name, place aiid stead, to executc, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or conhracts 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 and to bind the Company thereby as fu11y and to the same extent as if such bond were signed by the President, sealed with the corporate scal of the Company and duly attested by its Secretary, hereby ratifying and confirming al] that the said Attorney-in-Fact may do in the premises. Said appoivtmcnt is made under and by auYhority of the following resolutions of the Board of Directors of the SUu•e'1'ec. [nsurance Company: !3e it IZesolved, that the President, any Vice-Yresident, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hcreby vcstcd with full power and authority lo appoint any one or more suitable persc>ns as Attorney(s)-in-Pacf to represent aiid act lur and on bchalf of the Company subject to the following provisions: 111toi•ne7,-in-Fnct may be given full power aiid authority for and in the name of aiid of behalf of the Company, to execute, acknowicdge and deliver, any aiid all bonds, recognizances, contracts, agrccmcnts or indcmnity and othcr conditional or obligatory undcrtakings aiid any and all noticcs and documcnts canceling or terminating the Company's liability thereunder, aiid any such instrumcnts so cxeculcd by any such Attorncy-in-f^'act shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secrctary. Be il lZesolved, Ulat the signature of any authori•r.cd of3icer and seal of dhe Company heretofore or hereafter affixed to uny powcr of attorncy or any certificate relating thcrelo by facsimile, and any power of attorney or ccrtificatc bev-ing facsimile signature or 1'acsimiic scal shall bc valid aiid binding upon the Company with respect to any hond or undertaking to wliich it is ailached. (Adol3ted at a meeting held on 20"' oJ tlpril, 19>9.) In Wibres:s Wherenf; SURETEC 1NSURANCE COMPANY has caused these presents to be signed by its President, aiid its corporate seal to be hei•eto a:fixed inis i st day of April, A.D. 2007. ~~Ww~~~~~~~~~~~x~,,,`w ~ SURETEC INSU CE COMPANY y\)aa,N~~uyw "'•.°o% B ~wUr.w.,X..•~ ; n` y. B..I. Ki , eside Stute of 1'cx1s :s: Coimty of I larris ~4~Yini1~ *neMaPc On this Ist day of nprii, A.D. 2007 before me personally came B.J. King, to mc known, who, being by mc duly sworn, did cicposc and s<iy, that hc resides in Houston, '1'exas, that he is I'resident of SiJRETH;C INSURANG; COMPANY, the company described in and which cxecutcd the abovc instrument; lhat hc knows the seal o1'said Company; that the seal affixed to said instrument is such corporate seal; that il wzs so aftixed by ordcr of thc Iioard of f)irectors of said Company; and that he signed his name thereto by like ordcr. YRHONDA MCCARY Notary Public, State of Texas r My Commission Expires September 11, 2010 ,,~,00 Rhonda McCary, Notary Publ My commission expires September 11, 2010 I, M. I3rent Beaty, Assistant Seeretary of SURCTEC INSiJRANCE COMPANY, do liereby certify that the above aiid f'orcgoing is a lrue and correct cop,y o( a Power of Atlorncy, exccuted by said Company, which is still in full force and effect; aiid furthermore, the resolutions of lhc I3oard ol' I)ircclors, set out in thc Power of Attorney arc in full forcc and cffcct. Given under my hand aiid the seal of said Company at Houston, Texas this 2nd day of March 2010 A.D. M. Brent E3eaty, 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. 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 toli 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: Shouid you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resoived, 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 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. B{D BO ND ~ KNOW ALL MEN 8Y THESE PRESENTS, ihat we the under5igned~tepnens & sons concrete Contractors, Incag ~ PRINCI('AL, 8nd _ sureTec Insurance Comoanv aa SURETY are held and firmly bound ur1t0 , Citv ot Paris hereinafter called the "Owner", in the penal sum OF Five Percent of Greatest Amount Bid Dolla('S, 5% GAB 18VYFuI mOf18y Of the ~ United States, for the payment of whioh sum welf and truiy to be made, we bind ourselves, our heirs, executors, admfnistrators, successars, and assigns, jointly and severafly, firrnly by these presents. THE CONDITfON OF THfS 08LIGATION !S SUCN, that v+ehereas the Principal has submitted the ~ Aecompanying Bfd, dated MarCh 2 2010 , f0('Downtown Sidewalk Replacement - Sidewalk Curb, Gutter, & Ramps NOW, THEREFUR, if the Principal sha11 not withdraw said 8id within the period specified fherein after ~ the apening of the same, or, if no period be specffied, within thirty (30) days after the said opening, and shall wllhin the period speCified therefor, or if no period be specified, within ten {10} days after the prescribad forms are presented to him for signature, enter into a written contract with the Owner in ~ accordsnce with the Bid as accepted, and. give hond with good and sufficient surety or sureties, as mey be required,- for the faithFul performance and proper fulfrflment of such contract; or in the event of the withdrawal oF said Bid within the period specified, or the faifure to er,tEr into such Contract and ~ give such bond within the iirne specifred, 'rf the Principal sh211 pay the Owner the ditference b2tween the amount sRecified in said Bid and the amount fvr which the lacal Pubiic Agency rnay procure the required wvrk or suppliss or both, if the latter be in excess of the forrrier, then the,abvve obligation , shal( be vaid and of no effect, vtherwise to remain in fufl force and virtue. ~ IN WITNESS THEREOF, the above-bounded parties have executed this instrument under thEir several seets this 2nd day of March 2010 , the name and carporate seal of ~ each corporate party being hereto affixcd and these presenE signed by its undersigned representative, pursuant ta authority of ifs governing body. (SERL) I Attest: I Attest: Attest: /Qj (SEAL) AfFix Corparaie Seal By: Affix Corporate Sea! sy: Countptsigned Fa.ct, SEate vf 9