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HomeMy WebLinkAbout2011 SIDEWALK REPLACEMENT_UNKNOWNCITY OF LA PORTE PLANNING DEPARTMENT 604 W. Fairmont Parkway, La Porte, TX 77571 w. d.l a-oo rte. tx. u s l Phone: Ivnv(281) 471-5020'I Fax (281)470.5005 I I, ll' TFXAs I 1 ! 1 f � I !January 28, 2011 1 r Sue Momayezi ' PO Box 594 I Seabrook, Texas 77586 Re: Acceptance of 2011 City Wide Sidewalk Replacement Project Dear Ms. Momayezi, The sidewalk replacement project has been completed according to plans and specifications and is hereby accepted by the City of La Porte for ownership and maintenance. The one (1) year warranty from defects in materials and workmanship shall be effective from January 28, 2011, the date of completion. Sincere Reagan McPhail Public Improvements Coordinator y City of La Porte Planning Department Contract Routing CLP Project No. z2o41 `%2 n _ Project Name Type of Contract eon Approved as to form by City Attorney Date approved by City Council Funded by QEAl 6.27 Account Estimated Total Cost NOno Contract Managed by Executed by City Manager Attested by City Secretary Distribution of Originals 1. City Secretary (1 copy) 2. Contractor (2 copies) 3. Project Manager (1 copy) 4. File (1 copy) c CHECKLIST FOR REVIEWING CONTRACT DOCUMENTS Construction Contract City Dew MY-. Y- 1. All blanks must City filled in, except for the signatures (�w of the Mayor, City Secretary and City Attorney. 2. The numerical figure representing the amount of the Contract must agree with the amount that is listed in words. 44274 3. On the signature page: (a) Name of corporation must be listed exactly as it was listed on the first page of the Contract (b) Have the President or Vice -President of the Corporation sign the Contract. An authorized person must sign the bond. (c) Use corporate seal, if any. Otherwise write "None" underneath the words "Corporate Seal". Performance and Payment Bond 4. The name of the company, the Principal, must be listed it r� as was on the Contract. 5. The name of the surety on the bond must appear the same throughout. G/ A 6. The amount of the bond must be the same amount listed on the Contract. 7. The first date to be filled in on page one on the bond must be the same date as the date of the Contract. The date the bond is signed cannot be prior to the date of the Contract, i.e. the date the bond is signed must be the same or a later date. 8. The items listed as work to be done must exactly match the improvements listed on page one of the construction contract. 9. On the bond: (a) The date that the Principal(s) and surety(s) sign cannot precede the date the Contract was "made and entered into". 6Tfi City Dept. Attu (b) Name of corporation must be listed exactly it listed the Contract. as was on (c) Have the President or Vice -President of the Corporation sign the Contract. An authorized person must sign the bond. (d) Type the name of the officer signing. B (e) The Agent for Service should be located in the same county as the municipality. The N a ent may be either a person or business. Gd,�AjI voA� " Npi/A/HAF�/r Hof (f) urely's seal (which is t e seal the bon company) must appear under the surety's signature. All corporate sureties have seals. (g) Make sure the seal is the bond company's seal, not a notary's seal. The seal may be a facsimile seal, unless the instrument states otherwise. (h) The writing on the surety's seal must be legible. C7 Power of Attorney (The corporation will provide these forms, which are not standard.) 10. Is the person who signed as the surety on the Performance and Payment Bond listed on the Power of Attorney as an Attorney -in Fact? 7 11. The corporation's seal should be stamped on the Power of Attorney. A facsimile seal (a preprinted seal) is acceptable unless the Power of Attorney states it is not acceptable. �?f� 12. Check Notary's signature and seal. Are they legible? Is it the proper seal, i.e., a notary's seal, qot the insurance comnanv's seal? Was the notary's commission valid when signed? (Read the document to see if it states that the seal of a notary must appear.) GTia 13. The date that the Corporate Officer (usually Vice - President) signs the document should be the same date as the date the Performance and Payment Bond was signed. GT/�! City 14. If the Power of Attorney is a copy, as opposed to an original, there must be a statement on the Power of Attorney that this document is a true and correct copy of the Power of Attorney and that it has not been revoked. Alternatively, it can state that the Power of Attorney is in full force and effect. Insurance Coverage 15. Insert the attached page in each set of documents i 16. Have the insurance coverage approved. 7 17. The corporation must furnish either a copy of their original Certificate of Insurance or their insurance policy. � �8. Insurance requirements: &06,,,0 / �-T(a) The insurance coverage must meet the 0 J minimum amount required by the Contract. (b) 6''6:(d) G•4-7 (e) Dept. r§A M The City should be named as an additional Am--!� insured. There should be a provision for 30 days advance written notice of cancellation or material change. Include a waiver of subrogation in favor of city. Certificate of insurance or copy of policy The Contractor shall provide either a copy of an approved certificate of insurance or a copy of the insurance policy or policies which comply with the insurance provision of the Contract for insertion into the Contract. Miscellaneous Make sure each item listed in the Table of Co is in the Contract and that each item is on the designated in the Table of Contents. Con �I r W W, pages) / TA o City, of La Porte v m `'.7 Established 1892 tBXAe February 25, 2011 Re: Aztec Remodeling and Landscaping To Whom It May Concern, Recently the City of La Porte and Aztec Remodeling and Landscaping partnered to replace deteriorated walkways throughout our fair City. 1 am pleased to report the project was completed ahead of schedule and under budget. Aztec's over-all performance is excellent and they are welcome to bid on future City of La Porte projects. If one chooses to contact me personally regarding Aztec' performance 1 may be reached at 281470-5065. G. Reagan Mc Phail , Public Improvement Coordinator PURCHASE REQUISITION NBR: 0000013940 STATUS: FUND 15 ACCOUNTS REQUISITION BY: LEE, PEGGY REASON: FY 10-11 SIDEWALK REPLACEMENT PROJECT SHIP TO LOCATION: PLANNING SUGGESTED VENDOR: 434575 AZTEC REMODELING 6 LANDSCAPING ---------------------------------------------------------------------------------------------------------- 1 MATERIALS AND LABOR TO CONSTRUCT SIDEWALKS 33856.00 EA 1.0000 33856.00 COMMODITY: BUILDINGS SUBCOMMOD: CONSTRUCTION LINE 0 ACCOUNT .1 01598921095150 REQUISITION COMMENTS: freight included REQUISITION TOTAL: 33856.00 DATE: 12/09/10 DELIVER BY DATE: 12/14/10 REQUISITION QUOTES ________________________________________________________ VENDOR NAME 39872.2200 431126 BROOKS CONCRETE, INC 85343.5000 433478 METRO CITY CONSTRUCTION, LLP 43950.0600 434964 STONE CASTLE INDUSTRIES INC. 77578.0000 WINDSOR CONTRACTING, LLC 65824.0000 COMPLETE CONCRETE 62886.5000 432555 CURB PLANET, INC. _________________________________________________________________________________________________________ A C C O U N T I N F O R M A T I O N PROJECT 8 AMOUNT CONSTRUCTION COSTS GEN709 100.00 33856.00 CONSTRUCTION CONTRACT Y5 SIDEWALK REPAIRS REQUISITION IS IN THE CURRENT FISCAL YEAR. 33056.00 CITY OF LA PORTE BUDGET ADJUSTMENT FORM 2011 Ci Wide Sidewalk Re lacement 2/2/11 whole numbers only ACCOUNT PROJECT EXPLANATION AMOUNT OF NUMBER NUMBER OFTRANSFER INCREASE DECREASE FROM: TO: 016-9892-709-9110 Gen 709 CO a2 Const uctlon Phase 1 ri—imm 4,646 016-9892-709-6160 Gen 709 4,646 , �WW=s FROM: TO: ri�''""'cnr•`'-e �"y2, FROM: TO: lksr3x� FROM: TO: 220WIMa E" FROM: TO: FROM: TO: c FROM:m FROM:s^-�� TO: a FROM: TO: :. FROM: TO: t= ` atrinx FROM:'+ FROM: TO: 2=4it2mi FROM:,: TO: FROM: TO: FROM: TO: 4,6461 4,645 DEPARTMENTAL APPROVAL:�/� FINANCE APPROVAL: DATE: REVISED 8I24t98 CHANGE ORDER PROJECT: OWNER: CONTRACTOR: CONTRACT FOR: 2011 City Wide Sidewalk Reolacement Project City of La Porte 604 W. Fairmont Parkway LaPorte, Texas 77571 Aztec Landscape and Remodeling PO Box 594 Seabrook. Texas 77586 You are hereby directed to make the following changes in the Contract Documents: No. 2 DATE OF ISSUANCE: 1/29/11 OWNER'S PROJECT NO. 2011-4501 Description: Delete 527 sf Of Sidewalk Q $4.20?Sf = ($2,213.40) To replace 1,028 sf additional sidewalk quantities at the unit cost of $4.20/sf, = $4,317.60 Demo and replace 715 sf of 6"concrete @ $4.20/sf = $1,501 Exercise the use of Bid Item S-1 extra bank sand 36 cy = $540 Exercise the use of Bid Item S-2 Strip Sod 100 Sy Q $4.00/sy = $400 Purpose of Change Order: To replace additional; concrete CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TM E: Original Contract Price Original Contract Time . $33,856.00 90 days Previous Change Orders Net Change from Previous Change Orders $-0- -0- Contract Price prior to this Change Order Contract Time prior to the Change Order $33,856.00 90 days Net Increase (De6FeaSe) of this Change Order Net Increase (Decrease) of this Change Order $4,545.20 0 days Contract Price with all Approved Change Orders Contract Time with all Approved Change Orders $38,401:20 90 days • 151_ 2D 0 By: Engineer :0Lt, By: Contrac CITY OF LA PORTE BUDGET ADJUSTMENT FORM 2011 Ci Wide Sidewalk Re lacement 12/8/10 whole numbers only ACCOUNT PROJECT EXPLANATION AMOUNT OF NUMBER NUMBER OF TRANSFER INCREASE DECREASE FROM: 015-9892-709.618 1106 Gen 709 F{ 33,856 TO: 015-9892-7095160 Gen 709 Construction Phase 1 33,866 E M:2;0-'F�'�a FROM: TO: 015-9892-7095100 Gen 709 conswctlon contingency � 5,000 015-9892-709-9110 Gen 709 6,000 Eag FROM: TO: r• FROM: TO: ' FROM: TO: ra4 FROM: TO: FROM:'a TO: sad FROM: TO: FROM: TO: 3 ` FROM: TO: �2 FROM: FROM: FROM: TO: :mmtFz=S:Z FROM: TO: FROM: TO: +r' ^ 38,856 38,866 DEPARTMENTAL APPROVAL: FINANCE APPROVAL: DATE: REVISED 8/24/98 copy QUOTE #1103 - 2011 LA PORTE CITY WIDE SIDEWALK REPLACEMENT PROJECT CITY OF LA PORTE NOTICE TO BIDDERS Quotes shall be submitted including one (1) marked original and one (1) duplicate on the original forms and clearly marked with quote number and description. Quotes will be received at the Purchasing Office 2963 N. 23i0 Street, La Porte, TX, 77571 until 2:00 mm, on Thursday. October 27, 2010. If more information is needed, please contact Reagan McPhail at 281,470-5065 or e-mail: mcphailr@laportaU.gov Fortes furnished by the City of La Porte may be obtained without deposit from: City of La Porte Purchasing Division 2963 N. 23i0 Street La Porte, TX 77571 (281) 4705126 Purchasing0laoortabl.90v The successful Bidder must furnish a PAYMENT BOND on the forth fumished with the PROPOSAL, in the amount of 100% of the total Contract price. The City of La Porte hereby notifies all bidders that in regard to any agreement entered into pursuant to this advertisement, minority business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, age, religion or national origin in consideration for an award. The City reserves the right to reject any and/or all bids, to waive any and all technicalities and to accept any bid or part thereof, which in the opinion of the City Council, is most advantageous to the City of La Porte. In case of ambiguity or lack of clearness in stating the prices in the bid, the City reserves the right to consider the most advantageous bid thereof or to reject the bid. SCOPE OF WORK QUOTE #1103 CLP Project No. 2011.4501 2011 La Porte City Wide Sidewalk Replacement Project The project consists of the removal of approximately 6,980 square feet of standard four foot wide sidewalks and replacing with approximately 7,900 square feet of new sidewalk including the construction of 4 wheelchair ramps. Sidewalks and wheelchair ramps shall meet the minimum criteria as established by the American Disabilities Act. All spoils shall become the property of the contractor to be removed from the site, and disposed of in a legal manner. It shall be the contractor's responsibility to provide necessary barricading to ensure the access, health, and welfare of citizens, employees and product. Adjustment of.Water Gate Valve boxes and Manhole covers shall be considered as incidentals. A Payment Bond shall be required for this project. A-3 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR QUOTE #1103 - CONSTRUCTION OF 2011 LA PORTE CITY WIDE SIDEWALK REPLACEMENT PROJECT FOR CITY OF LA PORTE, TEXAS IN HARRIS COUNTY, TEXAS 11 • 61 kill 0 a ISS BIDDING REQUIREMENTS Table of Contents Page No. Scopeof Work.................................................................................... A-3 Sidewalk Target Areas......................................................................... A-8 BaseBid Proposal............................................................................... BP-1 BidForm............................................................................................................... BP-3 CONDITIONS OF THE CONTRACT Standard Form of Agreement.............................................................................. SF-1 PaymentBond.................................................................................... PP-3 General Conditions of the Contract...................................................................... 00700-1 Supplementary Condition to the Agreement .............................................. SC-7 CONSTRUCTION SPECIFICATIONS Submittals.................................................................................:..........................01300-1 Shop Drawings, Products Data and Samples ..................................................... 01340-1 Testing Laboratory Services............................................................................... 01410-1 Field Project Representatives Services.............................................................. 01420-1 Temporary Facilities and Controls...................................................................... 01500-1 Cleaning and Adjusting.......................................................................................01710-1 Project Record Documents.................................................................................01.720-1 TECHNICAL SPECIFICATIONS RemovingOld Concrete................................................................................. Concrete Sidewalk Replacement................................................................... Adjustment of Meter Boxes, Valve Boxes, and Manhole Rings and Covers. BankSand...................................................................................................... Sodding.......................................................................................................... ConcretePavement........................................................................................ ...... 00104-1 ..... 00105-1 .. 00108-1 ...... 00111-1 ...... 00112-1 ...... 00360-1 A B I C I D I E F G 1 A-S 2011 SIDEWALK REPLACEMENT PROJECT (GEN 709) 2 TARGET AREAS 10/1/2010 3 ADDRESS s/w removal WCR s/w replace Subdivision Comments Note 4 s (ea) (so 5 N.E. Cor. Fairmont & Spencer 152 2 675 Glen Meadows Remove S/W & WCR - WCR" "(2 ea) 6 5102-5106 Creekview 304 304 Glen Meadows 7 5106-5110 Creekview 160 160 Glen Meadows 8 1125 Glencrest 146 146 Glen Meadows 9 1129 Glencrest 196 196 Glen Meadows No MH Ad'. 10 4902 Glenview 82 82 Glen Meadows AlongFarrington - GV Ad'. 11 902 Parkcrest 264 264 Glen Meadows AlongFarrington - GV Ad'. 12 917 Parkcrest 26 26 Glen Meadows 13 933-5001 Parkcrest 98 98 Glen Meadows 14 934 Parkcrest 34 34 Glen Meadows 15 5002 Parkcrest 34 34 Glen Meadows 16 5210 Valle rook Ct. 97 97 Glen Meadows 17 4901 Archway30 30 Glen Meadows AlongFarrington - GV Ad'. 18 5209 Rid ecrest 24 24 Glen Meadows Saw -cut both sides separation 19 20 21 IN. Exit @ Rizzuto School - E. side Farrington 179 2 179 F'mnt Park Central GV Ad'. 2 ea 22 110339 Old Orchard 139 542 F'mnt Park Central gvb adjustment 23 110458 Quiet Hill 38 38 F'mnt Park Central 24 10442-10438.Shell Rock 202 202 F'mnt Park Central 25 110403 Carlow 71 71 F'mnt Park Central Along Farrington - Saw -Cut @ Ali 26 27 28 10831-10833 Mesquite 170 170 F'mnt Park East 29 10927 Pinewood Ct. 230 230 F'mnt Park East 30 10900 Idlewood 160 160 F'mnt Park East Along Fleetwood 8 @ Cor. 31 10902 Idlewood 16 16 F'mnt Park East 32 10825 Dogwood 164 164 F'mnt Park East On Side Rd. -Don't match D 33 11084&10848 Dogwood 192 192 F'mnt Park East 34 10900 Dogwood 20 20 F'mnt Park East 35 10919 Dogwood 34 34 F'mnt Park East 36 10831 Linwood 16 16 F'mnt Park East 37 10850 Spruce Drive South 16 16 F'mnt Park East Saw -Cut. 38 10848 Spruce Drive South 16 16 F'mnt Park East Saw -Cut Prepared by Richard J. Spicer 10/1/10 Page 1 A B C D E F G 39 A-9 40 10847-10849 Spruce Drive South 46 46 Fmnt Park East 41 10837 Spruce Drive South 16 16 F'mnt Park East Saw -Cut 42 10834-10836 Spruce Drive South 277 277 Fmnt Park East 43 1083D-10832 Spruce Drive South 168 168 F'mnt Park East 44 10840-10842 Spruce Drive South 208 208 F'mnt Park East Saw -Cut 45 Chevron Gas Station 72 72 F'mnt Park East W. side Exit to Fleetwood / Saw -Cut 46 47 48 3407 Somerton 332 332 Brookglen Both sdies of Dr. - Dr. to Dr. 49 50 51 9206 Caddo 86 86 Pecan Crossing No MH Ad'. 52 53 54 1300 Blk. N. 6th St. 335 335 Town of LP E. side - N. Entrance to Church 55 400 Blk. N. 6th St. 1524 1524 Town of LP E. side - WCR to WCR No #416 Dr. 56 215 S. Broadway 604 604 Town of LP Conc. Parking Lot @ NW Cor. Prop. 57 58 59 6978 4 7904 60 61 62 63 64 65 66 67 68 69 70 71 — 72 _ — 73 74 75 76 77 Prepared by Richard J. Spicer 10/1/10 Page 2 BASE BID PROPOSAL BASE PROPOSAL: Bidder agrees to perform all of the work shown on the plans and further described in the specifications for the sum of dollars ($ (Amount shall be shown in both words 4nd figures. In case of discrepancy, the amount shoA in words will govern.) Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a period of sixty (60) calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid, bidders will execute the formal contract attached within ten (10) days and deliver a Surety Bond or Bonds as required by the General Conditions. The bid security attached in sum of dollars ($ 1 is to become the property of the Owner in the event the contract and bond are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby. Respectfulli g = BY: (Signatur utho)thoriizzed Person) Tent Name of Authorize erson (SEAL) 7 ki-5,t LNan (Title) DVR Al Ie4l o u.oa (Business Address) �— (City) (State) (Zip Code) a1R-q�q-g440 (Telephone Number) A-8 STATEMENT OF MATERIALS AND OTHER CHARGES MATERIALS INCORPORATED INTO THE PROJECT: $0)Q21 q-2iT . � 4 ALL OTHER CHARGES: $ / -T413 - 7 R TOTAL: $ 12 .A,;) - This total must agree with the total "Total Amount Bid" figure shown on the bid sheet. For purposes of complying with the Texas Tax Code, the Contractor agrees that the charges for any material incorporated into the project in excess of the estimated quantity provided for herein will be no less than the invoice price for such material to the Contractor. BP-1 BID FORM QUOTE #1103 2011 La Porte City Wide Sidewalk Replacement Project CLIP Project No. 2011-4501 Bid of A P �/ ' p to33/C. - 1haereinafter called "Bidder') an individual proprietorship, a corporation organi' and exis mg under laws of the State of Texas, a partnership, or individual consisting of for Construction of the 2011 La Porte City Wide Sidewalk Replacement Project, for the City of La Porte, Harris County, Texas (hereinafter called 'Owner.') To: City of La Porte 604 West Fairmont Parkway La Porte, Texas 77571 Attention: Susan Cream, Purchasing Manager Gentlemen: The undersigned bidder has carefully examined the Instructions to Bidders, this Proposal, the General Conditions of Agreement, the Technical Specifications and related documents prepared by the City of La Porte for the work herein above described and referred to in the Invitation to Bid, is familiar with all of the conditions surrounding the construction of the proposed project, and has carefully examined the site of the work and agrees to provide all necessary labor, superintendence, machinery, equipment, tools, materials, supplies, services and other means of construction to complete all the work upon which he bids'within the time set forth herein, as called for in the Contract, the Specifications, and in the manner prescribed therein and according to the requirements of the Engineer as therein set forth for the amounts below. ' These prices are to cover all expenses incurred in performing the work required under the contract documents, of which this Bid Form is a part. Item Description of Item with Unit Bid Price Approx. Unit Total . No. in Written Words Unit Quantity Amount Price BASE BID ITEMS 1-3 SIDEWALK REPLACEMENT Concrete 4' wide sidewalk placement: four inches thick, poured with 3000 psi concrete (min). Complete in place. rnL._4_ da)InR grid. $33, 0 3 d Z Per uare Foot BP-3 Item Description of Item with Unit Bid Price Approx. Unit Tote; No. in"Written Words Unit Quantity Amount Price 2. Removal and disposal of existing concrete sidewalk. Excavated sidewalk to become property of Contractor to be disposed of in a legal manner. 2"m,ILj(& O-Aly- SPAIP14,b--Yl ✓?i e" S SF 6978 Per Square of 3 Concrete Type'B' wheelchair ramps. In accordance with d11etails and complete iIIn place. ���� 0b 0 1%,A / n O'PA � EA 4 $�ClSL� $11200,— Per Each o� o� TOTAL BASE BID (ITEMS 1-3) SUPPLEMENTAL BID ITEMS S-1. Extra bank sand (ordered by City). Complete in place. Sa oQ CY 24 $ fin, Per dubil yard S-2. Strip Sodding as directed by City and in accordance with Specification 00112. Complete in place.. Pl r-, ii P . n P,vt-:S SY Per Sgbare )yard S-3. Sidewalk point repair including cement stabilized sand and removal of soil. Complete in place 11 (c�TlOnft DAn�T_(IDjJ& Q,� ton Pert n BP-3 66 $02-S4 $/r?7, 44 14 362- SD $ M 00 The amounts set forth above are current estimates by Contractor of the amounts that will be determined during the progress of the Work. The separated progress billings from Contractor to the Owner shall reflect the actual amounts expended for the items enumerated in (2) and (3) above. SUBSTITUTIONS: If necessary, attach detailed explanation to proposal. 1. (Add) (Deduct) $ 2. (Add) (Deduct) $ Bidder hereby agrees to commence work under this contract on a date to be specified in written "Notice to Proceed' of the Owner and to fully complete the project within ninety (90) consecutive working days thereafter stipulated in the specifications. Bidder further agrees to pay as liquidated damages, the sum of $500.00 for each consecutive calendar day thereafter as provided for in Paragraph SC-5 of the Supplementary Conditions of the Agreement. It is agreed that the contract price may be increased or decreased to cover work added or deleted by order of the Engineer, in accordance with the provisions of the General Conditions of Agreement. The award may be made on the Base Bid alone or the Base Bid and any or all of the Items listed under Alternates or Substitutions, if any. The undersigned agrees that the amounts bid in this proposal will not be withdrawn or modified for sixty (60) days following date of bid opening. It is understood that the bid security accompanying this proposal shall be returned to the undersigned unless, in case of the acceptance of this proposal the undersigned should fail to enter into a construction contract and execute bonds as provided in the specifications. In the event the undersigned should fail to enter into a construction contract and execute bonds as required within 10 working days after the Engineer has given unsigned contracts to the Contractor, it is understood and agreed that the bid security shall be forfeited to the Owner and shall be considered as payment for damages due to delay and other inconveniences suffered by the Owner as a result of such failure on the part of the undersigned. It is understood that the Owner reserves the right to reject any and all bids. In the event of Award of the Contract to the undersigned, the undersigned agrees to furnish Payment Bonds as provided in the Specifications. aP-3 The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and finai Date Signed n (Company) By /�l'Qi_ypa,, l (Address) W ss •'SEAL (if Bidder -is a Corporation) Acknowledge receipt of Addenda Below. Addendum No. :d I_ Date Received / 7/3-q47 - x44r) (Telephone Number) BP-3 CITY OF LA PORTE AMENDMENT #1 QUOTE #1103 — LA PORTE CITY WIDE SIDEWALK REPLACEMENT PROJECT October 21, 2010 DEAR VENDOR Please note the changes of the following information on Quote #1103 — 2011 La Porte City Wide Sidewalk Replacement Project. Please include this form as part of your returned bid. Please change the following error in the Quote due date: FROM: Thursday, October 27, 2010 at 2:00 p.m. TO: Wednesday, October 27, 2010 at 2:00 p.m. If you have any questions, please call Purchasing at 281-470-5126. Thank you for your cooperation in this matter. Yours truly, Susan Cream Purchasing Manager I acknowledge th9jecpj9t of Amendment #1. Signature STANDARD FORM OF AGREEMENT QUOTE #1103 CLP Project No. 2011-4501 THIS AGREEMENT, made this _ day of by and between the CITY OF LA PORTE, hereinafter called "Owner', acting herein through its CITY MANAGER and (Name of Contracting Finn) Strike out inapplicable terms: (a corporation) (a partnership) or (an individual) doing business as: hereinafter called "Contractor." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction described as follows: 2011 LA PORTE CITY WIDE SIDEWALK REPLACEMENT PROJECT QUOTE #1103 CLP PROJECT NO.2011-4501 hereinafter called the project, for the Total Price of ($ 1 and all extra work in connection therewith, under the terms as stated in the General and Supplementary Conditions of the Contract; and; Further, that the CONTRACTOR agrees, at his (its or their) own proper cost and expense, to furnish all the knowledge, materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said project in accordance with: A. The terms and conditions stated in the Bid Proposal and in the General Conditions, and Supplementary Conditions of this Contract; Scope of Work, Instructions to Bidders, Sidewalk Location Documents, and Bid Form. B. The plans, which include all maps, plats, blue prints, and other drawings and printed or written explanatory matter thereof; and C. The Specifications and other contract documents therefore, as prepared by the City of La Porte, all of which are made a part hereof and collectively evidence and constitute the contract. The CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 90 calendar days thereafter. The CONTRACTOR further agrees to pay, as liquidated damages, the sum of $500 or each consecutive calendar day thereafter as hereinafter provided in Paragraph SC-5 of the Supplementary Conditions. IN WITNESS WHEREOF, the parties to these present have executed this contract, each of which shall be deemed an original, in the year and day first above mentioned. SF-1 By: Ron Bottoms Attest: By: City of La Porte Name of Owner SEAL Martha Gillett City Manager Title: City Secretary SEAL Name of Contracting Firm By: Signature of Authorized Person Witness Title of Authorized Person Address and Zip Code City Attorney SF-2 PAYMENT BOND QUOTE #1 i0; CLP Project No. 2011-4501 STATE OF TEXAS COUNTY OF HARRIS § KNOW ALL MEN BY THESE PRESENTS: That of the City of County of and State of , as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto The City of La Porte (Owner), in the penal sum of dollars (3 for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, Jointly and severalty, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of , 2009, to which contract is hereby referred to and made apart hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; "PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Vernon's Texas Codes Annotated Texas Government Code, Chapter 2253, as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if It were copied at length herein" Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in such change extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. PP-3 IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of 2010. Principal By: Title: Address: _ By: Title: Surety Address: The name and address of the Resident Agent of Surety is: PP-3 DOCUMENT 00700 — GENERAL CONDITIONS 1. The General Conditions of the Contract for Construction, the Standard General Conditions of the Construction Contract. dated 1996, is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. 2. A complete copy may be reviewed at the City's Planning Department's office or purchased from the National Society of professional Engineers, 1410 King Street, Alexandria, Va. 22314. END OF DOCUMENT 00700 00700.1 BASE BID PROPOSAL BASE PROPOSAL: Bidder agrees to perform all of the work shown on the plans and further described in the specifications for the sum of Eighty Five Thousand Three Hundred Forty Three Dollars and Fifty Cents dollars ($ 85, 343 . 50 ), (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown In words will govem.) Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a period of sixty (60) calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid, bidders will execute the formal contract attached within ten (10) days and deliver a Surety Bond or Bonds as required by the General Conditions. The bid security attached in sum of dollars ($ ) is to become the property of the Owner in the event the contract and bond are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby. Respectfully submitted: � / ,J (Signature of Authorized Person) Robert N. Smither not ame o u onze erson (SEAL) Chief Estimator (Title) 5715 Luce Street (Business Address) Houston, Texas 77087 (City) (State) (Zip Code) 713-943-0090 (Telephone Number) A$ STATEMENT OF MATERIALS AND OTHER CHARGES MATERIALS INCORPORATED INTO THE PROJECT: $ 35, 000. 00 ALL OTHER CHARGES: $ 50,343.50 TOTAL: 85,343.50 This total must agree with the total "Total Amount Bid" figure shown on the bid sheet. For purposes of complying with the Texas Tax Code, the Contractor agrees that the charges for any material incorporated into the project in excess of the estimated quantity provided for herein will be no less than the invoice price for such material to the Contractor. BP-1 BID FORM QUOTE #1103 2011 La Porte City Wide Sidewalk Replacement Project CLP Project No. 2011-4501 DATE: 10/27/2010 Bid of Metro City Construction, L.P. (hereinafter called 'Bidder') an individual proprietorship, a corporation organized and existing under laws of the State of Texas, a partnership, or individual consisting of limited and , for Construction of the 2011 La Porte City Wide Sidewalk Replacement Project, for the City of La Porte, Harris County, Texas (hereinafter called 'Owner.') To: City of LaPorte 604 West Fairmont Parkway La Porte, Texas 77571 Attention: Susan Cream, Purchasing Manager Gentlemen: The undersigned bidder has carefully examined the Instructions to Bidders, this Proposal, the General Conditions of Agreement, the Technical Specifications and related documents prepared by the City of La Porte for the work herein above described and referred to in the Invitation to Bid, is familiar with all of the conditions surrounding the construction of the proposed project, and has carefully examined the site of the work and agrees to provide all necessary labor, superintendence, machinery, equipment, tools, materials, supplies, services and other means of construction to complete all the work upon which he bids within the time set forth herein, as called for in the Contract, the Specifications, and in the manner prescribed therein and according to the requirements of the Engineer as therein set forth for the amounts below. These prices are to cover all expenses incurred in performing the work required under the contract documents, of which this Bid Form Is a part. Item Description of Item with Unit Bid Price Approx. Unit Total No. in Written Words Unit Quantity Amount Price BASE BID ITEMS 1-3 SIDEWALK REPLACEMENT Concrete 4' wide sidewalk placement: four inches thick, poured with 3000 psi concrete (min). Complete in place. @. Eight Dollars and Fifty Cents SF 7904 $ 8.50 $67,184.00 Per Square Foot eP-3 Item Description of Item with Unit Bid Price Approx. Unit Total No. in Written Words Unit Quantity Amount Price 2. Removal and disposal of existing concrete sidewalk. Excavated sidewalk to become property of Contractor to be disposed of in a legal manner. @ One Dollar and Fifty Cents SF 6978 $ 1.50 $10,467.00 Per Square Foot 3 Concrete Type'B' wheelchair ramps. In accordance with details and complete in place. (a)Sixteen Hundred Fifty Nine Dollars and No Cents 4 $1,659,00 $ 6,636.00 Per Each TOTAL BASE BID (ITEMS 1-31 $ 84, 287. 00 SUPPLEMENTAL BID ITEMS S-1. Extra bank sand (ordered by City). Complete in place. @ Fifteen Dollars and No Cents CY 24 $ 15.00 $ 360.00 Per cubic yard S-2. Strip Sodding as directed by City and in accordance with Specification 00112. Complete in place. @ Five Dollars and Twenty 5.25 346.50 Five Cents SY 66 $ $ Per Square Yard S-3. Sidewalk point repair including cement stabilized sand and removal of soil. Complete in place @ Twenty Five Dollars and No Cents 25.00 350.00 ton 14 $ $ Per ton BP-3 The amounts set forth above are current estimates by Contractor of the amounts that will be determined during the progress of the Work. The separated progress billings from Contractor to the Owner shall reflect the actual amounts expended for the items enumerated in (2) and (3) above. SUBSTITUTIONS: If necessary, attach detailed explanation to proposal. 1. (Add) (Deduct) $ 2. (Add) (Deduct) $ Bidder hereby agrees to commence work under this contract on a date to be specified in written "Notice to Proceed' of the Owner and to fully complete the project within ninety (90) consecutive working days thereafter stipulated in the specifications. Bidder further agrees to pay as liquidated damages, the sum of $500.00 for each consecutive calendar day thereafter as provided for in Paragraph SC-5 of the Supplementary Conditions of the Agreement. It is agreed that the contract price may be increased or decreased to cover work added or deleted by order of the Engineer, in accordance with the provisions of the General Conditions of Agreement. The award may be made on the Base Bid alone or the Base Bid and any or all of the Items listed under Alternates or Substitutions, if any. The undersigned agrees that the amounts bid in this proposal will not be withdrawn or modified for sixty (60) days following date of bid opening. It is understood that the bid security accompanying this proposal shall be returned to the undersigned unless, in case of the acceptance of this proposal the undersigned should fail to enter into a construction contract and execute bonds as provided in the specifications. In the event the undersigned should fail to enter into a construction contract and execute bonds as required within 10 working days after -the- Engineer has given unsigned contracts to the Contractor, it is understood and agreed that the bid security shall be forfeited to the Owner and shall be considered as payment for damages due to delay and other inconveniences suffered by the Owner as a result of such failure on the part of the undersigned. It is understood that the Owner reserves the right to reject any and all bids. In the event of Award of the Contract to the undersigned, the undersigned agrees to furnish Payment Bonds as provided in the Specifications. BP-3 The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final Date 10-27-2010 SEAL (if Bidder is a Corporation) Acknowledge receipt of Addenda Below: Addendum No. Date Received 10-21 Signed Metro City Construction, L.P. (Company) By�&,��� Robert N. Smither Chief Estimato�Title) 5715 Luce Street, Houston,.Texas 77087 (Address) 713-943-0090 --000-- BP-3 (Telephone Number) COP BASE PROPOSAL: in the specifications for the sum of Forty-three thousand nine hundred fifty dollars and six cents. dollars (S a3.95n.n3 . (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words will govern.) Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a period of sixty (60) calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid, bidders will execute the formal contact attached within ten (10) days and deliver a Surety Bond or Bonds as required by the General Conditions. The bid security attached in sum of 5% of the total bid price dollars ( 2.t 7.Sn is to become the property of the Owner in the event the contract and bond are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby. Respectfully su mitted: BY: Xignatu:re4fAutho ed Person) Eric M. Huegele (Printame of AuthorizedPerson) (SEAL) ice President (Title) 3615 Almeda Genoa Road (Business Address Houston Texas 77047 (City) (State) (Zip Code) (713)440-6224 (Telephone Number) A-8 STATEMENT OF MATERIALS AND OTHER CHARGES MATERIALS INCORPORATED INTO THE PROJECT: $ 18,322.21 ALL OTHER CHARGES: $ 25,627.85 TOTAL: $ 3,950.06 This total must agree with the total " Total Amount Bid'' figure shown on the bid sheet. For purposes of complying with the Texas Tax Code, the Contractor agrees that the charges for any material incorporated into the project in excess of the estimated quantity provided for herein will be no less than the invoice price for such material to the Contractor. BP-1 BID FORM QUOTE #1103 2011 La Porte City Wide Sidewalk Replacement Project CLP Project No. 2011-4501 DATE: 10/27/2010 Bid of Stone Castle Constructors (hereinafter called 'Bidder") an individual proprietorship, a corporation Stiog under laws of the State of Texas, a partnership, or individual consisting of II , for Construction of the 2011 La Porte City Wide Sidewalk Replacement Project, for the City of La Porte, Harris County, Texas (hereinafter called *Owner.') To: City of LaPorte 604 West Fairmont Parkway La Porte, Texas 77571 Attention: Susan Cream, Purchasing Manager Gentlemen: The undersigned bidder has carefully examined the Instructions to Bidders, this Proposal, the General Conditions of Agreement, the Technical Specifications and related documents prepared by the City of La Porte for the work herein above described and referred to in the Invitation to Bid, is familiar with all of the conditions surrounding the construction of the proposed project, and has carefully examined the site of the work and agrees to provide all necessary labor, superintendence, machinery, equipment, tools, materials, supplies, services and other means of construction to complete all the work upon which he bids within the time set forth herein, as called for in the Contract, the Specifications, and in the manner prescribed therein and according to the requirements of the Engineer as therein set forth for the amounts below. These prices are to cover all expenses incurred in performing the work required under the contract documents, of which this Bid Form is a pa rt. Item Description of Item with Unit Bid Price Approx. Unit Total No. in Written Words Unit Quantity Amount Price BASE BID ITEMS 1-3 SIDEWALK REPLACEMENT 1. Concrete 4' wide sidewalk placement: four inches thick, poured with 3000 psi concrete (min). Complete in place. three dollars and sixty-three cents`"*' 11�MHM�H��M���MHIIIHIHIIHHIMH SF 7904 Per Square Foot ea-3 S 3.63 S 28,691.52 Item Description of Item with Unit Bid Price Approx. Unit Total No. in Written Words Unit Quantity Amount Price 2. Removal and disposal of existing concrete sidewalk. Excavated sidewalk to become property of Contractor to be disposed of in a legal manner. Op- one dollar and forty-three cents*"**" HHYYHYYYY*HH#1*HHMHYHYYH SF 6978 Per Square Foot Concrete Type "B' wheelchair ramps. In accordance with details and complete in place one thousand three hundred and (twenty dollars and no cents...***** EA Per Each TOTAL BASE BID (ITEMS 13) $ 3,950.06 SUPPLEMENTAL BID ITEMS $ 1.43 $ 9,978.54 $ 1,320.00 $ 5,280.00 S-1. Extra bank sand (ordered by City). Complete in place. sixteen dollars and fifty cents*HHHH HwHww*wHwflHfIHYYHHiHH1HHYY CY 24 $ 16.50 $ 396.00 Per cubic yard S-2. Strip Sodding as directed by City and in accordance with Specification 00112. Complete in place. four dollars and forty cents***'**" wlww**wHw*YHa*HY***w**Hw.***Y*f;H SY 66 $ .40 r� 290.40- - - Per Square Yard S-3. Sidewalk point repair including cement stabilized sand and removal of soil. Complete in place thirty-eight dollars and fifty cents***" wwwwwwwwwwwwHwwHwwlflHH1f11-laHYHf ton 14 $ 38'SO.... Per ton BP-3 The amounts set forth above are current estimates by Contractor of the amounts that will be determined during the progress of the Work. The separated progress billings from Contractor to the Owner shall reflect the actual amounts expended for the items enumerated in (2) and (3) above. SUBSTITUTIONS: If necessary, attach detailed explanation to proposal. 1. �HHH}{Hi}}}}HH14}HiiHHHH} (Add) (Deduct) $ i. {H H{{H}4}4{HHM}}}HHH}}}}}} (Add) (Deduct) $ Bidder hereby agrees to commence work under this contract on a date to be specified in written 'Notice to Proceed' of the Owner and to fully complete the project within ninety(90) consecutive working days thereafter stipulated in the specifications. Bidder further agrees to pay as liquidated damages, the sum of $500.00 for each consecutive calendar day thereafter as provided for in Paragraph SC-5 of the Supplementary Conditions of the Agreement. It is agreed that the contract price may be increased or decreased to cover work added or deleted by order of the Engineer, in accordance with the provisions of the General Conditions of Agreement. The award may be made on the Base Bid alone or the Base Bid and any or all of the Items listed under Alternates or Substitutions, if any. The undersigned agrees that the amounts bid in this proposal will not be withdrawn or modified for sixty (60) days following date of bid opening. It is understood that the bid security accompanying this proposal shall be returned to the undersigned unless, in case of the acceptance of this proposal the undersigned should fail to enter into a construction contract and execute bonds as provided in the specifications. In the event the undersigned should fail to enter into a construction contract and execute bonds as required within 10 working days after the .Engineer has given unsigned contracts to the Contractor, it is understood and agreed that the bid security shall be forfeited to the Owner and shall be considered as payment for damages due to delay and other inconveniences suffered by the Owner as a result of such failure on the part of the undersigned. It is understood that the Owner reserves the right to reject any and all bids. In the event of Award of the Contract to the undersigned, the undersigned agrees to furnish Payment Bonds as provided in the Specifications. SP-3 The undersigned certifies that the bid prices contained in this proposal submitted as correct and final Date 10/27/2010 Signed Witness 541A f SEAL (if Bidder is a Corporation) Acknowledge receipt of Addenda Below: Addendum No. Date Received / 1 been carefully_ checked and are BY [Eric M. Huegele (VICE PRESIDENT) 3615 Almeda Genoa Rdou ton, TX 77047 (Address) PHONE (713)440-6224 FAX (713)440-6228 (Telephone Number) BP-3 CITY OF LA PORTE AMENDMENT#1 QUOTE #1163 —.LA PORTE CITY WIDE'SIDEWALK REPLACEMENT PROJECT October 21, 2010 .DEAR VENDOR 'Please note the changes of the following :information on Quote #1108— 2011 La Porte: City Wide Sidevialk: Replacement Project. Please include this form as part .of your returned bid. Please change the. following error in.theQuote, due date: FROM: Thursday; October 27,2010at2.:00 p.m. TO: Wednesday, October .27, 2010 at 2:00. p.m. if You have any questions, please call Purchasin*cj at 281-470-51M Thank you for your cooperation in this. matter.. '6urs truly, Susan Cream Purchasing Manager .of Arnendment.41. Bond No. 2010-373 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Stone Castle Industries, Inc. as Principal, hereinafter called the Principal, and SureTec Insurance Company a corporation duly organized under the laws of the State of Texas as Surety, hereinafter called the Surety, are held and firmly bound unto City of La Porte, TX as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Total Amount Bid ------- Dollars ($ 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for 2011 La Porte City Wide Sidewalk Replacement Project. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 27' Za (Witness) AA O^J X / Bianca M. Phillips, (Witness) Bond Administrat r day of October 2010. Stone Castle Industries. Inc. (Principal) (Seal) (Title) a. , �irs•� SureTec Insurance Company (Surety) (Sell) Eric S. Feigh , A (Title) Attorney -in -Fact AIA DOCUMENT A310 • BID BOND • AIA 0 - FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.V. AVE., N.W., WASHINGTON. D.C. 20006 1 POA 9 4221237 Sur eTec Insurance Company LIMITED POWER OF ATTORNEY Know Al! Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Hoi ston, Harris County, Texas, does by these presents make, constitute and appoint Philip N. Bair, Phyllis Ramirez, Eric S. Feighl its true and lawful Attomey-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, scaled with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. Said appointment shall continue in force until 12/312011 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary." any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Anorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -In -Fact may be given full power and authority for and in the "tame of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Anomcy-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of allonley or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20 of April. 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 28th day of October, A.D. 2008. SURETEC INS A CE COMPANY B.I. Ki resident State of Texas ss: County of Ha tis s .. F On this 2811 day ofC.kAobcr, 2008 before me personally came BJ. King, to me known, who, being by me duly swom, did depose and say, that he resides in Houston, Terns, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. Michelin Denny Notary Public State of Texas ()AP�G �YlVl4il^ t�kt■tiuotmv.ittita Michelle Denny, Notary E tic My commission expires August 27, 2012 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Powcr of Attorney me in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 27th day of October , 2010,A.D. M. Brent Beaty, Assis ant Secretary Any Instrument Issued in excess of the penalty stated above Is totally vold 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. BASE BID PROPOSAL BASE PROPOSAL: Bidder agrees to perform all of the work shown on the plans and further described in the specifications for the sum of _Ze��z ,emu" dollars ($_ '). (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words will govern.) Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a period of sixty (60) calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid, bidders will execute the formal contract attached within ten (10) days and deliver a Surety Bond or Bonds as required by the General Conditions. //�� �(�. The bid security attached in sum of 4�{c Z"«rr ,�-t� dollars is to become the property of the Owner in the event the contract and bond are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby. Respectfully submitted: BY: � Z!a/l . - (Signature of Authorized Person) zAd C a (Print Name of Authonzed Person) (SEAL) �%p /yt Ar R (Title) F0 36x 942 9� (Business Address) Nousronl --TZ -7-7o'�,�L (City) (State) (Zip Code) `tj 3 2 --7 9 -7 - 31 1 0 (Telephone Number) BP-1 STATEMENT OF MATERIALS AND OTHER CHARGES MATERIALS INCORPORATED INTO THE PROJECT: $ /& 0 O U �O ALL OTHER CHARGES: $- 51?, , 7 -7 9, o0 TOTAL: $-7:� fir'"-78 This total must agree with the total 'Total Amount Bid" figure shown on the bid sheet. For purposes of complying with the Texas Tax Code, the Contractor agrees that the charges for any material incorporated into the project in excess of the estimated quantity provided for herein will be no less than the invoice price for such material to the Contractor. mm BID FORM 2011 La Porte City Wide Sidewalk Replacement Project CLIP Project No. 20114501 ��� /1 DATE: /O Bid of Wi J4f ► nnrTRRCTi A/��(h�einafter called "Bidder") an individual proprietorship, a corporation organizgd and existing under laws of the State of Texas, a partnership, or individual consisting of �QfYT/D/✓ for Construction of the 2011 La Porte City Wide Sidewalk Replacement Project, for the City of La Porte, Harris County, Texas (hereinafter called "Owner.") To: City of La Porte 604 West Fairmont Parkway La Porte, Texas 77571 Attention: Susan Kelley, Purchasing Manager Gentlemen: The undersigned bidder has carefully examined the Instructions to Bidders, this Proposal, the General Conditions of Agreement, the Technical Specifications and related documents prepared by the City of La Porte for the work herein above described and referred to in the Invitation to Bid, is familiar with all of the conditions surrounding the construction of the proposed project, and has carefully examined the site of the work and agrees to provide all necessary labor, superintendence, machinery, equipment, tools, materials, supplies, services and other means of construction to complete all the work upon which he bids within the time set forth herein, as called fog in the Contract, the Specifications, and in the manner prescribed therein and according to the requirements of the Engineer as therein set forth for the amounts below. These prices are to cover all expenses incurred in performing the work required under the contract documents, of which this Bid Form is a part. Item Description of Item with Unit Bid Price Approx. Unit Total No. in Written Words Unit Quantity' Amount Price SIDEWALK REPLACEMENT Concrete 4' wide sidewalk placement: four inches - thick, poured with 3000 psi concrete (min). Complete in place. SF 7904 Per Squire Foot BP-3 Item Description of Item with Unit Bid Price Approx. Unit Total No. in Written Words Unit Quantity Amount Price BASE BID ITEMS 1-3 r 2. Removal and disposal of existing concrete sidewalk. Excavated sidewalk to become property of Contractor to be disposed of in a legal manner. SF 6978 Per uare Foot 3 Concrete Type "B" wheelchair ramps. In accordance with details and complete in place. (CO Per TOTAL BASE BID (ITEMS 1-3) SUPPLEMENTAL BID ITEMS r—v-rao EA 4 $ 1SOU $ toy 6W. S-1. Extra bank sand (ordered� by City). Complete in place. 60 f' A 4- is CY 24 ' $_-� $� ►O v0 Per cu6jA- yard S-2. Strip Sodding as directed by City and in accordance with Specification 00112. Complete in place. TO ,� zrAb, l� SY 66 $ _ $ Per Squ Yard e3Z! S-3. Sidewalk point repair includingxement stabilized sand and removal of soil. Complete in place —' Z AA - Per EM ton 14 $ , ()?- The amounts set forth above are current estimates by Contractor of the amounts ttiat will be determined during the progress of the Work. The separated progress billings from Contractor to the Owner shall reflect the actual amounts expended for the items enumerated in (2) and (3) above. SUBSTITUTIONS: If necessary, attach detailed explanation to proposal. 2. (Addl(Deduct) (Add)(Deduct) Bidder hereby agrees to commence work under this contract on a date to be specified in written "Notice to Proceed" of the Owner and to fully complete the project within ninety (90) consecutive working days thereafter stipulated in the specifications. Bidder further agrees to pay as liquidated damages, the sum of $500.00 for each consecutive calendar day thereafter as provided for in Paragraph SC-5 of the Supplementary Conditions of the Agreement. It is agreed that the contract price may be increased or decreased to cover work added or deleted by order of the Engineer, in accordance with the provisions of the General Conditions of Agreement: The award may be made on the Base Bid alone or the Base Bid and any or all of the Items listed under Alternates or Substitutions, if any. The undersigned agrees that the amounts bid in this proposal will not be withdrawn or modified for sixty (60) days following date of bid opening. It is understood that the bid security accompanying this proposal shall be returned to the undersigned unless, in case of the acceptance of this proposal the undersigned should fail to enter into a construction contract and execute bonds as provided in the specifications. In the event the undersigned should fail to enter into a construction contract and execute bonds as required within 10 working days after the Engineer has given unsigned contracts to the Contractor, it is understood and agreed that the bid security shall be forfeited to the Owner and shall be considered as payment for damages due to delay and other inconveniences suffered by the Owner as a result of such failure on the part of the undersigned. It is understood that the Owner reserves the right to reject any and all bids F.M. In the event of Award of the Contract to the undersigned, the undersigned agrees to furnish Payment Bonds as provided in the Specifications. The undersigned certifies that the bid prices contained in this proposal have e�enparepfully checked and are submitted as correct and final Date 0 Signed (Comp y By (Title) Witness SEAL (if Bidder is a Corporation) Acknowledge receipt of Addenda Below: Addendum No. Date Received 26 SOX 216ZU f /0U31bt\JrW -77094 (Address) 9K - -79-7- 31 (0 (Telephone Number) MM BASE BID PROPOSAL BASE PROPOSAL: Bidder agrees to perform all of the work shown on the plans and further described in the specifications for the sum of s Pl/C'�GlxSc nc� b1 - AL vJvc A Fy �'.v �o�\aur ar! �o Ce..,t dollars ($ G (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words will govern.) Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a period of sixty (60) calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of .this bid, bidders will execute the formal contract attached within ten (10) days and deliver a Surety Bond or Bonds as required by the General Conditions. p The bid security attached in sum of Si >',L1� dollars ($ Z6� $ 7 y. v' ) is to become the property of the Owner in the event the contract and bond are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby. . Respec ully sub BY: Alc- (Signature of Authorized Person) srR Sg le' yr, (Print Name o Authorized Person) ( (SEAL) 1 �-& 51d2h { (Title) 2605-1 C'fe5L2n+_C w—eJ< %' (Business Address) 1<4li-/, TX -7-7V` (City) T (State) (Zip Code) g3z—�t3-5CD (Telephone Number) STATEMENT OF MATERIALS AND OTHER CHARGES MATERIALS INCORPORATED INTO THE PROJECT: $ ALL OTHER CHARGES: $ L� S� 2�(, D O TOTAL: $_�. S 7— This total must agree with the total 'Total Amount Bid" figure shown on the bid sheet. , For purposes of complying with the Texas Tax Code, the Contractor agrees that the charges for, any material incorporated into the project in excess of the estimated quantity provided for herein will be no less than the invoice price for such material to the Contractor. im BID FORM 2011 La Porte City Wide Sidewalk Replacement Project CLIP Project No. 2011-4501 DATE: 6Ck-Z19-Zol d Bid of (hereinafter called "Bidder") an individual proprietorship, a corporation organized and existing under laws of the State of Texas, a partnership, or individual consisting of , for Construction of the 2011 La Porte City Wide Sidewalk Replacement Project, for the City of La Porte, Harris County, Texas (hereinafter called "Owner.") To: City of La Porte 604 West Fairmont Parkway La Porte, Texas 77571 Attention: Susan Kelley, Purchasing Manager Gentlemen: The undersigned bidder has carefully examined the Instructions to Bidders, this Proposal, the General Conditions of Agreement, the Technical Specifications and related documents prepared by the City of La Porte for the work herein above described and referred to in the Invitation to Bid, is familiar with all of the conditions surrounding the construction of the proposed project, and has carefully examined the site of the work and agrees to provide all necessary labor, superintendence, machinery, equipment, tools, materials, supplies, services and other means of construction to complete all the -work upon which he bids within the time set forth herein, as called for in the Contract, the Specifications, and in the manner prescribed therein and according to the requirements of the Engineer as therein set forth for the amounts below. These prices are to cover all expenses incurred in performing the work required under the contract documents, of which this Bid Form is a part. Item Description of Item with Unit Bid Price Approx. Unit Total No. in Written Words Unit Quantity Amount Price SIDEWALK REPLACEMENT Concrete 4' wide sidewalk placement: four inches thick, poured with 3000 psi concrete (min). Complete in place. ff @ Plye do )Iaa41J Per Square Foot SF 7904 $ uU $ .39 6g ' C' , BP-3 Item Description of Item with Unit Bid Price Approx. Unit Total No. in Written Words Unit Quantity Amount Price BASE BID ITEMS 1-3 2. Removal and disposal of existing concrete sidewalk. Excavated sidewalk to become property of Contractor to be disposed of in a legal manner. Per Square Foot 3 Concrete Type "B" wheelchair ramps. In accordance with details and complete in place. @_�-h o u s eh d( -/c, l/41e-J Per Each TOTAL BASE BID (ITEMS 1-3) SF 6978 $ 3, , 0 $7 0, 1 v., EA 4 $ li /d.e, $ yjmo.eo $ a SUPPLEMENTAL BID ITEMS S-1. Extra bank sand (ordered by City). Complete in place. @ �Lr//N Y/G/-, II Ryt Per cubic yard S-2. Strip Sodding as directed by City and in accordance with Specification 00112. Complete in place. @ 4. Ue 4 : Per Square Yard 9M CY 24 SY 66 $ •v, $-32 0, b S-3. Sidewalk point repair including cement stabilized sand and removal of soil. Complete in place @o� Perton ton 14 $ q•a. $ L(kb, ov S P-5 The amounts set forth above are current estimates by Contractor of the amounts that will be determined during the progress of the Work. The separated progress billings from Contractor to the Owner shall reflect the actual amounts expended for the items enumerated in (2) and (3) above. SUBSTITUTIONS: If necessary, attach detailed explanation to proposal. 1. (Add)(Deduct) $ 01 (Add)(Deduct) Bidder hereby agrees to commence work under this contract on a date to be specified in written "Notice to Proceed" of the Owner and to fully complete the project within ninety (90) consecutive working days thereafter stipulated in the specifications. Bidder further agrees to pay as liquidated damages, the sum of $500.00 for each consecutive calendar day thereafter as provided for in Paragraph SC-5 of the Supplementary Conditions of the Agreement. It is agreed that the contract price may be increased or decreased,to cover work added or deleted by order of the Engineer, in accordance with the provisions of the General Conditions of Agreement. The award may be made on the Base Bid alone or the Base Bid' and any or all of the Items listed under Alternates or Substitutions, if any. The undersigned agrees that the amounts bid in this proposal will not be withdrawn or modified for sixty (60) days following date of bid opening. It is understood that the bid security accompanying this proposal shall be returned to the undersigned unless, in case of the acceptance of this proposal the undersigned should fail to enter into a construction contract and execute bonds as provided in the specifications. In the event the undersigned should fail to enter into a construction contract and execute bonds as required within 10 working days after the Engineer has given unsigned contracts to the Contractor, it is understood and agreed that the bid security shall be forfeited to the Owner and shall be considered as payment for damages due to delay and other inconveniences suffered by the Owner as a result of such failure on the part of the undersigned. It is understood that the Owner reserves the right to reject any and all bids I:' In the event of Award of the Contract to the undersigned, the undersigned agrees to furnish Payment Bonds as provided in the Specifications. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final Date 3d G-2010 Signed_(212: 1M le`e COP1Cl2,%P CC (Company) By (p1l J9-je, id &;j L (Title) Witness SEAL (if Bidder is a Corporation) Acknowledge receipt of Addenda Below: Addendum No. Date Received 2�as� Gems R-, I Iq (Address) e53 2 - 513 -S5f 3 (Telephone Number) 2M BASE BID PROPOSAL BASE PROPOSAL: Bidder agrees to perform all of the work shown on the plans and further desc 'bed in the specifications fqqr the sum of Six o -+h oU 50-n A e l H'} hondre �twliitl �\Y- dollo.r5 aoA -H-ti cart dolls $ o2, 886 • `'O ). (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words will govern.) Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a period of sixty (60) calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid, bidders will execute the formal contract attached within ten (10) days and deliver a Surety Bond or Bonds as required by the General ��t Conditions. The bid security attached insu-ct sum `fhcee-ffigu5none. hondreA 4T uv-: -�i)U'r AokkoLr5 OnA q�,tr'1USI Tm re Pi 02,'\4-5 dollars ($,, 14') . 33 ) is to become the property of the Owner in the event the contract and bond are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby. Isectfully bmitted: BY: (S@natureOW Authorized Person) Wnrro �droza not ame o utnonzea Person) Prea, c�end (Title) PC '30X 57 8 -7 (Business Address) i �Sa beno� -TX 77508 (City) (State) (Zip Code) 2Bt-991- II i2 (Telephone Number) A-8 STATEMENT OF MATERIALS AND OTHER CHARGES MATERIALS INCORPORATED INTO THE PROJECT: $ ,3 I, 4 43. ;.S ALL OTHER CHARGES: $ 31� 14g3 • 35 TOTAL: (oZ, 8S(o.50 This total must agree with the total'Total Amount Bid" figure shown on the bid sheet. For purposes of complying with the Texas Tax Code, the Contractor agrees that the charges for any material incorporated into the project in excess of the estimated quantity provided for herein will be no less than the invoice price for such material to the Contractor. BP-1 BID FORM QUOTE #1103 2011 La Porte City Wide Sidewalk Replacement Project CLP Project No. 2011-4501 DATE: 1 O 12-7 1'Zol O Bid of Cur3 P(ar\e-- -7:nc- (hereinafter called "Bidder) an individual proprietorship, a corporation organized and existing under laws of the State of Texas, a partnership, or individual consisting of a eocpor�ilor , for Construction of the 2011 La Porte City Wide Sidewalk Replacement Project , for the City of La Porte, Harris County, Texas (hereinafter called "Owner!) To: City of LaPorte 604 West Fairmont Parkway La Porte, Texas 77571 Attention: Susan Cream, Purchasing Manager Gentlemen: The undersigned bidder has carefully examined the Instructions to Bidders, this Proposal, the General Conditions of Agreement, the Technical Specifications and related documents prepared by the City of La Porte for the work herein above described and referred to in the Invitation to Bid, is familiar with all of the conditions surrounding the construction of the proposed project, and has carefully examined the site of the work and agrees to provide all necessary labor, superintendence, machinery, equipment, tools, materials, supplies, services and other means of construction to complete all the work upon which he bids within the time set forth herein, as called for in the Contract, the Specifications, and in the manner prescribed therein and according to the requirements of the Engineer as therein set forth for the amounts below. These prices are to cover all expenses incurred in performing the work required under the contract documents, of which this Bid Form is a part. Item Description of Item with Unit Bid Price Approx. Unit Total No. in Written Words Unit Quantity Amount Price BASE BID ITEMS 13 SIDEWALK REPLACEMENT Concrete 4' wide sidewalk placement: four inches thick, poured with 3000 psi concrete (min). Complete in place. 81 @ sly 0\karS Per Square Foot BP-3 .o SF 7904 $ (0.00 $ lJ4 24 Item Description of Item with Unit Bid Price Approx. Unit Total No. in Written Words Unit Quantity Amount Price 2. Removal and disposal of existing concrete sidewalk. Excavated sidewalk to become property of Contractor to be disposed of in a legal manner. @ On.e- dO\\car-uOe.n4 Av,e. C9-x1's5 SF 6978 $ %S $ 81"12Z Per Square Foot 3 Concrete Type'B" wheelchair ramps. In accordance with details and complete in place. @ One 4tiOU \sand -FWO 4\U(�& 4P A QO 10-r 5 and M UYV s EA 4 $�2.0000 $ y , 200 Per Each TOTAL BASE BID (ITEMS 1J) $ c(4 (0.50 SUPPLEMENTAL BID ITEMS S-1. Extra bank sand (ordered by City). Complete in place. @ -T rUrAU!�, dolkar5 Qnd oo ca1\A5 CY 24 $ 2-50.$ 720 c Per cubic yard S-2. Strip Sodding as directed by City and in accordance with Specification 00112. Complete in place. @ -Tee dollars Q<.d no 00 nE`5 SY 66 $ 10 $ 6 (60" Per Square Yard S-3. Sidewalk point repair including cement stabilized sand and removal of soil. Complete in place @ Fn)r+'U A(Aars a 00 no c_y- l ton 14 $ 40� $ 15(00 Perton BP-3 The amounts set forth above are current estimates by Contractor of the amounts that will be determined during the progress of the Work. The separated progress billings from Contractor to the Owner shall reflect the actual amounts expended for the items enumerated in (2) and (3) above. SUBSTITUTIONS: If necessary, attach detailed explanation to proposal. 2. (Add) (Deduct) (Add) (Deduct) $ Bidder hereby agrees to commence work under this contract on a date to be specified in written 'Notice to Proceed' of the Owner and to fully complete the project within ninety (90) consecutive working days thereafter stipulated in the specifications. Bidder further agrees to pay as liquidated damages, the sum of $500.00 for each consecutive calendar day thereafter as provided for in Paragraph SC-5 of the Supplementary Conditions of the Agreement. It is agreed that the contract price may be increased or decreased to cover work added or deleted by order of the Engineer, in accordance with the provisions of the General Conditions of Agreement. The award may be made on the Base Bid alone or the Base Bid and any or all of the Items listed under Alternates or Substitutions, if any. The undersigned agrees that the amounts bid in this proposal will not be withdrawn or modified for sixty (60) days following date of bid opening. It is understood that the bid security accompanying this proposal shall be returned to the undersigned unless, in case of the acceptance of this proposal the undersigned should fail to enter into a construction contract and execute bonds as provided in the specifications. In the event the undersigned should fail to enter into a construction contract and execute bonds as required within 10 working days after the Engineer has given unsigned contracts to the Contractor, it is understood and agreed that the bid security shall be forfeited to the Owner and shall be considered as payment for damages due to delay and other inconveniences suffered by the Owner as a result of such failure on the part of the undersigned. It is understood that the Owner reserves the right to reject any and all bids. In the event of Award of the Contract to the undersigned, the undersigned agrees to furnish Payment Bonds as provided in the Specifications. BP-3 The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final Date 1 O 1 Z-r iiZoio Signed (Company) Witness SEAL (if Bidder is a Corporation) Acknowledge receipt of Addenda Below: Addendum No. Date Received Ib 26IZOID By PreS,derl+ Qasc•de.nU `fX 77508 (Address) 2�1- 451-2c4o2- (Telephone Number) -000-- BP-3 KNOW ALL MEN BY THESE PRESENTS, that we BID BOND Curb Planet, Inc. as Principal, hereinafter called the Principal, and Western Surety Company a corporation duly organized under the laws of the State of South Dakota as Surety, hereinafter called the Surety, are held and firmly bound unto City of La Porte as Obligee, hereinafter called the Obligee, in the sumof Five Percent of the Greatest Amount Bid Dollars ($ 5% G.A.B: — ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted bid for Quote #1103 2011 La Porte City Wide Sidewalk Replacement Project NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as maybe specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwiseto remain in full force and effect. Signed and sealed this 27th day of October 2010 (Witness) Curb Planet, Inc. (Prindpaq (Seal) By: (Title) Western Sur ty Company _ A w / (Sur ty) ° (Seal) Itness �G(� Barbara A. Burcham B : - .. ill Kimberly J. Smith, Attomey-in a Printed in cooperation with the American Institute of Architects (AA) by the CNA Insurance Companies. The language in this document conforms exactly to the language used in AIA Document A310- Bid Bond - February 1970 Edition. G-108041-A Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seat herein affixed hereby make, constitute and appoint Dick Bright, Kimberly J Smith, Nancy T Berry, Steven Berry, Morris D Plagens Jr, Barbara A Burcham, Individually of Houston, TX, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 17th day of November, 2009. y,arry WESTERN SURETY COMPANY Cn Y�O �OI� es �rM os�" Paul . BruOat, Senior Vice President State of South Dakota 1 u Mi County of nnehaha f On this 17th day of November, 2009, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, Stale of South Dakota; that he is the Senior Vim President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires+++r+rNpr+rrrrr+++rrrr I • D. KRELL • ',(\/ I' November 30, 2012 �,�g�A � i t NOTARY PUBLIC a L't .`oYd SOUTH DAKOfA�y t �rrrrr+r+++rrrr+rr+++r+r4 D. Krell,Nollby Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof 1 have hereunto subscribed my time and affixed the seal of the said corporation this 27 th day of October 2010 �r,.,or� WESTERN SURETY COMPANY w,M 0 L. Nelson, Assistant Secretary Form F4280-09-06 State of Texas Claim Notice Endorsement To be attached to and form a part of Bond No. _. In accordance with Section 2253.021(f) of the Texas Government Code and Section 53.202(6) of the Texas Property Code any notice of claim to the named surety under this bond(s) should be sent to: CNA Surety 333 South Wabash Chicago, IL 60604 Telephone: (312) 822-5000 Form F69" Figure: 28 TAC §1.601(a)(3) 1 IMPORTANT NOTICE To obtain information or make a complaint: 2 You may contact Continental Casualty Company National Fire Insurance Company, American Casualty Company or Continental Insurance Company at 312-822-5000. 3 You may call Continental Casualty Company, National Fire Insurance Company, American Casualty Company or Continental Insurance Company's toll -free telephone number for information or to make a complaint at: 1-877-672.6115 4 You may also write to Continental Casualty Company, National Fire Insurance Company, American Casualty Company or Continental Insurance Company at: CNA Surety 333 South Wabash Chicago, IL 60604 5 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1.800-252-3439 6 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-Mail: ConsumerProtection@tdi.state.tx.us 7 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact Continental Casualty Company, National Fire Insurance Company, American Casualty Company or Continental Insurance Company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 8 ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. Form F5277 AVISO IMPORTANTE Para obtener informacion o pars someter una queja: Puede comunicarse con Continental Casualty Company, National Fire Insurance Company, American Casualty Company or Continental Insurance Company al 312-822-5000. Usted puede Ilamar al numero de telefono gratis de Continental Casualty Company, National Fire Insurance Company, American Casualty Company or Continental Insurance Company's pare information o para someter una queja al: 1.877-672-6115 Usted tambien puede escribir a Continental Casualty Company, National Fire Insurance Company, American Casualty Company or Continental Insurance Company: CNA Surety 333 South Wabash Chicago, IL 60604 Puede comunicarse con el Departamento de Seguros de Texas pars obtener informacion acerca de companies, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-Mail: ConsumerProtection@tdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una dispute concemiente a su prima o a un reclamo, debe comunicarse con el Continental Casualty Company, National Fire Insurance Company, American Casualty Company or Continental Insurance Company. primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso as solo pare proposito de informacion y no se convierte an parte o condicion del documento adjunto.