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HomeMy WebLinkAbout1999-441ORDINANCE NO % 7 - `1111 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF BASEBALL FIELD LIGHTING FACILITIES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2423 — MACK PARK BASEBALL FIELD LIGHTING AWARDED TO GROVES ELECTRICAL SERVICE, INC IN THE AMOUNT OF $117,960) WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordminces, and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SEECCTION I That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID UMBER CONTRACTO AMOUNT 2423 Groves Electrical Services, Inc $117,960 SSgCTION II That the acceptance and approval of the above competitive bids shall not constitute la contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid SECTION III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditio, plans and specifications, standards, quantities and specified sums contained therein SECTION IV That upon acceptance and approval of the above competitive bids and the execution ot contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto SEQTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the � day of 1999 JACK ER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BID 2423-CONTRACTUAL ORDINANCE ATTACHMENT TABULATION SHEET BID # 2423 MACK PARK LIGHTING DATE 11/9/99 PROOffiPTION VENDOR VEN OR 'aa sr'tZibtl &,r>'2si3 i< <+i%<y�."sr rii< si3�t; o "cY Groves Svcs CBS s'ral. ° ^'i",`3° Y Mechanical . £ 1 TOTAL BASE PRICE $138,960 $186,742 2 TOTAL MATERIALS INCORPORATED IN $75,000 $118,742 PROJECT TOTAL LABOR, SUPERVISION, & $ MATERIALS NOT INCORPORATED INTO $63,960 $68,000 PROJECT 4 ADDENDUM # 1-HUBBELL SLS-1500H Delete $21,000 Delete (ADD/DELETE) $10,000 5 BID BOND Yes Yes DELIVERY 65 Days 140 DAYS :T(1 0 rn -, fc- tt - c v� - CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 7 day of December A D , 1999, by and between City of Denton of the County of DENTON and State of Texas, acting through Michael W Jez thereunto duly authorized so to do, hereinafter termed "OWNER," and Groves Electrical Service, Inc 1622 E Beltlme Rd Carrollton, TX 75006 of the City of Carrollton County of Denton and State of Texas , hereinafter termed "CONTRACTOR " WITNESSETH That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below BID # 2423 - Mack Park Baseball Field Lighting Project in the amount of $117,960 00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in CA-1 accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by Parks and Recreation Department all of which are made a part hereof and collectively evidence and constitute the entire contract Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, mvitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract CA-2 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That Groves Electrical Service, Inc whose address is 1622 E Beltline Rd , Carrollton, TX 75006, hereinafter called Principal, and potation organized and existing under the laws of the State of and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of One Hundred Seventeen Thousand Nine Hundred Sixty and no/100 DOLLARS ($117,960 00 ) plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 99-441, with the City of Denton, the Owner, dated the 7 day of December A D 1999 , a copy of which is hereto attached and made a part hereof, for Bid 2423 - Mack Park Field Lighting NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also, well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by the Owner, and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in snaking good any default or deficiency, then this obligation shall be void, otherwise, it shall remain in full force and effect PB-1 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the yeah and day first above written �° le "&� CONTRACTOR CziIt&000 LrtgG7'9I6,41, fG/tv/Gt� lN4 l 1 ?, Z &- B47'4IWO& 6xA"g, mA TX 7srxab MAILING ADDRESS f %Z- 4144 8207 PHONE NUMBER g 72 046 ;L 9B/ FAX NUMBER BY pRGS,DdNT TITLE L,e¢ C 6e004§ PRINTED NAME (SEAL) CA-3 STATE OF TEXAS § COUNTY IOF DENTON § KNOW ALL MEN BY THESE PRESENTS That Groves Electrical Service, Inc, whose address is 1622 E Belthne Rd , Carrollton, TX 75006, whereinafter called Principal, and ,a corporation orgamzed and existing under the laws of the State of and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal icorporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of One Hundred Seventeen Thousand Nine Hundred Sixty and no/100 DOLLARS ($ 117,960 00 ) in lawful money of the United States, to be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors,! administrators, successors, and assigns, jointly and severally, firmly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 99-441, with the City of Denton, the Owner, dated the 7 day of December A D 1999 , a copy of which is hereto attached and made a part her(Tf, for Bid 2423-Mack Park Baseball Field Lighting Project NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make, prompt payment to all persons, firms, subcontractors, corporations and claimants supplying) labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void, otherwise it shall remain in full force and effect PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates I and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings!, etc , accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc PB-3 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall he in Denton County, State of Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates land agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc , accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 7 day of December 1999 ATTEST, M., ' : ►14112111 SECRETARY BY PRESIDENT ATTEST SURETY 1--m II ATTORNEY -IN -FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME STREET ADDRESS (NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a corporation, give a person Is name) This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 7 day of December , 1999 ATTEST BY SECRETARY ATTEST IM PRINCIPAL BY PRESIDENT SURETY IIA'1 ATTORNEY -IN -FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME STREET ADDRESS (NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, give a person's name ) I' : CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract STANgARD PROVISIONS. Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time, however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modtfied or waived after bid opening unless a written exception has been submitted with the bid Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted • Each policy shall be issued by a company authorized to do business in the State of Texas with an A M Best Company rating of at least A • Any deductibles or self -insured retentions shall be declared in the bid proposal If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its officials, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses Liability policies shall be endorsed to provide the following •• Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers •• That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought The inclusion of more than one insured shall not operate to increase the insurer's limit of liability • All policies shall be endorsed to read "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED" • Should any of the required insurance be provided under a clam -made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to clamis made after expiration of the contract shall be covered • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted [X] A General Liability Insurance: General Liability insurance with combined single limits of not less than $500,000 shall be provided and maintained by the Contractor The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies If the Commercial General Liability form (ISO Form CG 0001 current edition) is used • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage • Coverage B shall include personal injury • Coverage C, medical payments, is not required If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability [x] Automobile Liability Insurance Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $300,000 either in a single policy or in a combination of basic and umbrella or excess policies The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract Satisfaction of the above requirement shall be in the form of a policy endorsement for • any auto, or • all owned, hired and non -owned autos [x] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's Compensation Commission (TWCC) ATTACHMENT 1 [x] Worker's Compensation Coverage for Budding or Construction Projects for Governmental Entities A Definitions Certificate of coverage ("certificate ")-A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity Persons providing services on the project ("subcontractor" in §406 096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets B The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401011(44) for all employees of the Contractor providing services on the project, for the duration of the project C The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract D, If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance Policy limits will be at least combined bodily injury and, property damage per occurrence with a aggregate [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building Limits of not less than each occurrence are required [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications E The contractor shall obtain from each person providing services on a project, and provide to the governmental entity (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project, and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project F The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter G The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project H The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage I The contractor shall contractually require each person with whom it contracts to provide services on a project, to (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011(44) for all of its employees providing services on the project, for the duration of the project, (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project, (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (4) obtain from each other person with whom it contracts, and provide to the contractor (a) a certificate of coverage, prior to the other person beginning work on the project, and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project, and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services J By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity PROPOSAL(BID) FORM Time: 2.p.m Date: To: Purchasing Agent City of Denton, Texas 901-B Texas Street Denton, Texas 76201 Gentlemen The undersigned having examined the Contract Documents entitled Mack Park Baseball Field Lighting Project Bid #2423 And having visited the site of the proposed construction, and having familiarized himself with the local conditions affecting the cost of the work, and with all addenda to the said documents, hereby proposeds to furnish all supervision, labor, materials, equipment, tools, and accessories and to do all work in accordance with said documents and addenda thereto for the stipulated sum of Q&Huawkse Ti!/RYL C/6NlL/+��5Rt1tJi�.ocf/ua+eo..�5 .r Dollars($ 1,39 2 4O — ) Total Base Bid ' Total Materials Incorporated into the Project 1 75 O©O— Total Labor.Supervision and Materials Not Incorporated into the Project $ ADDENDA: Acknowledge receipt of the following addenda which are part of the Bidding Documents by placing Addendum #, Date issued and initialing Addendum No 'iWW, ONs /Pe-( Addendum No Addendum No 440 Addendum No WeNc The undersigned bidder hereby declares that he has visited the site of the work and has carefully examined the Contract Documents pertaining to the work covered by the above bid, and he further agrees to commence work within ten(10) days after date of written notice to proceed and to substantially complete the work on which he has bid within 65- Consecutive calendar days subject to such extensions of time allowed by specifications C wiy DocutnentsWack Park Baseball Lighting Project NOTICE TO BIDDERS doc The undersigned bidder agrees that his bid shall be good and may not be withdrawn for a period of 60 calendar days after the scheduled closing time for receiving bids The undersigned bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding BID GUARANTY: Enclosed with this Bid is a Certified Check for HA Dollars ($ MIA ) or a Bid Bond in the sum of XWL C A 8 Dollars which it is agreed shall be collected and retained by the Owner as liquidated damages in the event this Bid is accepted by the Owner within 60 days after the bids are received and the undersigned fails to executed the Contract and the required Bonds with the said Owner within ten (10) days after the date said Bid is accepted otherwise said check or bond shall be returned to the undersigned upon demand GRMS LACrRlcA 15�vice �c Contractor (firm nZ.""' 0 Authorized Signature DRESIDFMT Title Address A22 r. suruNE RD City, State, Zip Code LiAaKOl.uanl TX � Telephone 1N72�Wk 8207 (If corporation, attest and affix a Corporate Seal) C UNy DocumentsWack Park Baseball Lighting Project NOTICE TO BIDDERS doc ADDENDUM NO. 1 MACK PARK, CITY OF DENTON BID # 2423 ELECTRICAL DRAWINGS NOV 0 4 159 ��Ii�(II - 7TJ Base bid pricing shall be for providing G E sports lighting fixtures as specified Provide an alternate price for providing Hubbell SLS-1500H series sports lighting fixtures Hubbell SLS-1500H Lighting (- Please sign and date this addendum sheet for acknowledgement of the receiving Addendum No.1: VA LA LINWA.ffl,� 'DATE oRv acC' „Il,� lso,A ,K ° O P' ,LV Y INSUMNGE&sg T 1 D12/20 99 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Independent Insur nce Group 8111 LBJ Freeway to 875 HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Dallas TX 75251 COMPANIES AFFORDING COVERAGE Peter Mulcahy Phone No 972-231-8277 Fax No COMPANY A CGV Southwest INSURED COMPANY B COMPANY C Groves Electrical Service, Inc Selena Zaratq 1622 E Belt (Line Road Carrollton TX 75006 COMPANY D CikVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MWDD/YY) POLICY MI DATE(MD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE s2,000,000 X PRODUCTS COMP/OPAGG s2,000,000 A COMMERCIALGENERALILIABILITY GRR514503 05/31/99 05/31/00 CLAIMSMADE ® OCCUR PERSONAL &ADV INJURY $ 1,000,000 OWNERS& CONTRACTORS PROT EACH OCCURRENCE S11000,000 X FIRE DAMAGE (Anyone lire) $300 000 Per Pro3ect MED EXP (Any one person) S 10,000 A AUTOMOBILE LIABILITY ANY AUTO BA028896800 05/31/99 05/31/00 COMBINED SINGLE LIMIT s 1,000,000 X BODILY INJURY (Per person) IS ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per amidenl) $ HIRED AUTOS NON OWNED AUTOS X X PROPERTY DAMAGE $ Hired Car $25,000 LIMIT Physical Dar4age GARAGE LIABILITY AUTOONLY EAACCIDENT S OTHER THAN AUTO ONLY ANY AUTO EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM $ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND X TORY LIMITS WC STATU OTH EMPLOYERS LIABILITY EL EACH ACCIDENT S 500 000 A THE PROPRIETOR/ INCL PARTNERSIEXECUTNE OFFICERS ARE X EXCL WC032865200 05/31/99 05/31/00 ELDISEASE POLICYLIMIT 3500 000 ELDISEASE EA EMPLOYEE S 50O OOO OTHER DESCRIPTION OF OPERATIONSILO ATIONSNEHICLESISPECIAL ITEMS Rg Relighting Hall Fi�elda, Denton, TX Please see the a tache page for special wording OERTIFICATE HOLDER 7 CANCELLATION CITYDEN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT City of D nton 215 E Mcrtinney Denton TXi 76201 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE Peter Mulcahy AORp 26•6 (1/96) ACORD GOR TION 1988 GADVE11 PAGE 2 NOTEPAD: INSURED'SNAME Groves Electrical Service, Inc Op In 9C DATE 12/09/99 The City of Denton, its Officials, Agents, Employees and volunteers are named as additional insureds with respects to General Liability A Waiver of Subrogation in favor of the City of Denton, its officials, Agents, Employees and Volunteers for any work performed for the City for the Named Insured applies to the Workers' Compensation policy Such Insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought The inclusion of more than one insured shall not operate to increase the insurer's limit of liability Said policy shall not be cancelled, nonrenewed or materially change without 30 days advanced written notice being given to the owner (city) except when the policy is being cancelled for nonpayment of premium in the which case 10 days advance written notice is required BOND NO 71 SB 103230050 BCM PERFORMANCE BOND S1 ATF OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That Groves Electrical Service, Inc whose address is 1622 E Beltline Rd , Carrollton, TX 75006, hereinafter called Principal, aQi a cor oration organized and existing under Lite laws of the State of Connecticut , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly hound unto the (,try of Denton, a mumt ipal wrporatiun organized and existing under the laws of the State of lexas, hereinafter (,ailed Owner, in the penal sum of One Hundred Seventeen Thousand Nine Hundred Sixty and no/100 DOLLARS ARS ($117,960 00 ) plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' tees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to he paid in Denton County, '1 exas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond 1 HE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 99-441, with the City of Denton, the Owner, dated the 7 day of December A D 1999 , a copy of whu.h is hereto attached and made a part hereof, for Bid 2423 - Mack Park Field Lighting NOW, THEREI-ORE, it the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, Conditions and agreements of said Contract in a"ordanCe with the Plans, Spec ifi(.attom and Contract DOLUments during the original term thereof and any extension thereof which may he granted by the Owner, with or without notice to the Surety, and during the lite of any guaranty or warranty required under this Contract, and shall also well and truly perform and tulfill all the undertakings, Covenants, terns, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Woik by the Owner, and, it the Principal shall fully indemnity and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perforrn herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or dehuency, then this obligation shall be void, otherwise, it shall remain in full force and effect PB - 1 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall Ice in Denton County, State of Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to he performed thereunder, or to the Plans, Specifications, Drawings, etc , accompanying the same, shall in anywise affect Its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc 1 his Bond is given pursuant to the provisions of Chapter 2253 of the Texas C,overnment Code, as amended, and any other applicable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 7 day of December 1999 ATTEST PRINCIPAL GROVESEi « A4%- 4LEC _�iii�. .�• J ,� , 1 PRLSIDENT All EST SURFTY BY TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA 0 AY a i �(M ti,� g d/l'iGt/ A I I ORNEY-IN-FACT PAULINE L LESCH The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAMF pCL CONTRACT BONDING AGENCY STRLLI ADDRLSS 206 ELM ST., #105, LEWISVILLE, TX 75057 (NOTE Date of performance Bond mutt be date of Contract if Resident Agent is not a (orporation, grve a person's name) PB-2 BOND NO. 71 SB 103230050 BCM PAYMENT BOND S I'ATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That Groves Electrical Service, hic , whose address is 1622 E Beltline Rd , Carrollton, TX 75006 whereinal ter called Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF rporation organized and existing under the laws of the State of Connecticut , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the budding or improvements hereinafter referred to, in the penal sum of One Hun red Seventeen Thousand Nine Hundred Sixty and no/100 DOLLARS ($ 117,960 0 ) in lawful money of the United States, to be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, Jointly and severally, firmly by these presents This Bond shall automatically he increased by the amount of any Change Order or Supplemental Agreement which increases the Contract pace, but in no event shall a Change Order or Supplemental Agreement which reduces the Contrau price decrease the penal sum of this Bond 1HE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 99-441, with the City of Denton, the Owner, dated the 7 day of December A D 1999 , a copy of which is hereto attached and made a part hereot, for Bid 2423—Mack Park Baseball I'ield Lig, hting Proleu NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontraLtors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized niodifitations of said Contrau that may hereafter be made notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void, otherwise it shall remain in full force and effect PROVIDED FiJRTIIER, that it any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas AND PROVIDED FURTHER, that die said Surety, for value received, lieteby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, of to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc , acwmpanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terns of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc PB 3 This Bond is given pursuant to the provisions of Chapter 2253 of the lexas Govei tunent Code, as amended, and any other applicable statutes of the State of Texas the undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may he delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by ArtvJe 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WIINESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 7 day of December , 1999 ATTFST PRINCIPAL GROVES ELECTRICAL SERVICE, INC BY � /� /� SECR TAR BY 'T�...�. Z' AbO t. PRESIDENT ATTEST SURLfY n(� BY TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA o�l� Q P. BY �LrfL-- A I I ORNEY-IN-FACT PAULINE L. LESCH The Resident Agent of the Surety in Denton County, Texas for deliveiy of notice and service of the Process is NAME PCL CONTRACT BONDING AGENCY SIRLLI ADDRESS 206 ELM ST., #lo5, LEwISVILLE, Tx 75057 (NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a (orporation, give a person's name ) PB-4 IMPORTANT NOTICE To obtain information or make a complaint. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 FAX #(512) 475-1771 PREMIUM OR CLAIM DISPUTES. Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY - This notice is for information only and does not become a part or condition of the attached document. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS Naperville, Illinois 60563-8458 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized tinder the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, (State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, a corporation duly organized under the laws of the State of Illinois, and having its principal office in the City of Naperville, County of DuPage, State of Illinois, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make constitute and appoint Pauline L. Lesch, Clem F Lesch, Gary Matula or Steven J Zmecker * * of Lewisville, TX, their true and lawful Attorney(s)-m-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the Umted States, or, if the following line be filled in, within the area there designated the following instrument(s) by his/her sole signature and act, any and all bonds, recogmzances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to band the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorneys)-m-Fact, pursuant to the authority herein given, are hereby ratified and confirmed This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect VOTED That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-m-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds recogmzances contracts of indemnity and other writings obligatory in the nature of a bond recognizance or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her VOTED That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or anyipart of the foregoing authority to one or more officers or employees of this Company provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary VOTED That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman any Executive Vice President any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authonty or by one or more Company officers pursuant to a written delegation of authority This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, which Resolution is now in full force and effect VOTED That the signature of each of the following officers President, any Executive Vice President any Senior Vice President, any Vice President any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or tolany certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-m-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsnnule signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which dins attached (8 97) Puog 'f(Je;aJaaS;UeISISSV UBW"OH Ue1Je �( � uri / � J' • �� S NHoa � E � '1Wre orl ry'nev� opr es�+o vlrns o''� ;o fep g4 L sn[l pa1eQ lnonaauuo0 3o alelS 'pJo 1 teH;o cjt0 agl m ' Cut'dwo0 ay1;o ao66 61` zagwaoaQ t�O awoH aql le paleaS pug paugiS ayl ut y1Jo; las se `sloloaJt o ao.to; ut mou OR 'kuoglnV;o aleotgnia0 w Sutgwal Q) SPIUog atp;o suonn[osag 8wpuglS olp lg,yl `QIODUayun; Put' 'Pa3IOAOJ uaaq lou seg pug ooJo; lln3 CluoglnV;o aleogtua0 pal! 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