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2000-231ORDINANCE NO ~900 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF SOCCER FIELD LIGHTING IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2518 - NORTH LAKES PARK SOCCER FIELDS LIGHTING IMPROVEMENTS AWARDED TO THE LOWEST BIDDER, GROVES ELECTRIC, INC IN THE AMOUNT OF $152,900 INCLUDING ALTERNATE 1) WHEREAS, the City has solicited, and received competitive sealed bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest respondent for the construction of the public works or improvements described in the bid invitation, and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive sealed bid for the construction of public works or improvements, as described in the "Sealed Bid Invitations", 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 NUMBER CONTRACTOR AMOUNT 2518 Groves Electric, Inc $152,900 SECTION II That the acceptance and approval of the above competitive sealed bid shall not constitute a 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 Request for Sealed Bids, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SECTION IV That upon acceptance and approval of the above competitive sealed bids and the execution of 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 SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the a9 day of 2000 Z EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY s BID 2518 - ATTACHMENT I TABULATION SHEET Bid 2518 Date 6/15/00 NAME NORTH LAKES PARK SOCCER FIELD LIGHTING IMPROVEMENTS No DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR Jones & Groves Liteco Chickasaw F & W Electric Jeffrey Electric Electric Electric Principle Place of Business Denton, TX Carrollton, TX Waller,TX Dallas, TX Floresvdle, TX TOTAL BASE BID $182,745 $162,900 $183,995 $269,000 $193,500 1 ALTERNATE 1 $176,745 $152,900 $171,995 $260,000 $193,500 2 BID BOND YES YES YES YES YES 3 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 15day of 1 dy- A D , 2000, by and between City of Dentan of the County of and State of Texas, acting through Michael W iez thereunto duly authorized so to do, hereinafter termed "OWNER," and of the City of f'9rrn11tnn , County of nallaa 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 in the amount of $159,900 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 and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, CA-1 and the Specifications therefore, as prepared by all of which are referenced herein and 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, invitees, 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 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the ye and day first above written C ATTESTI (SEAL) ATTEST CONTRACTOR Lea e. G2otles, fRSeipelvr Z Z le- $ez r L "N• 1e0 LIAR. K mGt.T6>4!~ 7)( 7SOCe- MAILING ADDRESS 9?t g`FG P207 PHONE NUMBER 2 gq-G FAX N~UpMBE//R~r BY P•7Ci h PRowoeo'r TITLE /y ee, e ,eorps PRINTED NAME (SEAL) CA-3 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 STANDARD PROVISIONS: Without hmiting 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 modified 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 trade 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 claims-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 claims 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 00 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 I 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 [xl Automobile Liability Insurance Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $100 nnnnnn 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 •I any auto, or • all owned, hired and non-owned autos ATTACHMENT 1 [X] Worker's Compensation Coverage for Building 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-8'1, 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 protect, 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 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 Tine: 2:p.m. Date: June 15, 2000 To: Purchasing Agent City of Denton, Texas 901-B Texas Stred Denton, Texas 76201 Gentlemen The undersigned having examined the Copftd Documents entitled tea,„ North Lakes Park Soccer Fields Lighting improvements Bid #2518 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 proposed to furnish all supervision, labor, materials, equipment, tools, and accessories and to dq all work in accordance with said documents and addenda thereto for the stipulated sum of Fa a. TienNe~N!s' ?Reaofu A' Total Base Bid WI,. 'fOo Total Materials Incorporated into the Protect $ s 4 / 7A:V ow- Total Labor, Supervision and Materials Not Incorporated into the Protect $ 43 ~ 730 Alternates Alternate # 1 Provide Lighting Fixtures with integral ballasts in hen of remote mount ballasts as scheduled Refer to 2E/-1 for additional bid al #1 information ICs A- 7°&MCot L n+r Praoel44-II. VAIM AIAWAM AMAN eere r ru r..u ern a A. M_ Total Base Bid 'At I AW' Total Materials Incorporated into the Protect x ~woN oo~.~eieame foms,oA a.urybv+aN Wm ert Saco eiow. ~ermt,egmv,mevb emzsie xoam m e~me,m~ ADDENDA: Acknowledge receipt of the following addenda which are part of the Bidding Documents by placing Addendum Date issued and imtialmg Addendum. No Addendum No Addendum No Addendum No The undersigned bidder hereby declares that he has visited the site of the work and has carefully examined thq, cutnents portatmpg to the work coved by the above bid, and he further agttx~aYN work within ten (10) days after date cf written notice to proceed and to substaatialty work on which he has bid within \ 66- Consecutive calel-days subject to such extensions of time allowed by specifications. The undersived bidder agrees that his bid shall be good and may,not be withdrawn for a period of 60 calends the scheduled closing time for receivi~g bids. The undersignedi understands that the Owner reserves the right to reject any or all bids and to waive any mformahties in the bidding BID GUARANTY: Enclosed with this Bid is a Certified Check for or a Bid bond in the sum of rVss<r~'r• "AY ,1 ffi cer+ r0Ar AW"W roo Dollars S~ a4a ) 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. Co~nttrracto (/firm name) Ys..sdeiE • /a~ae..t Authorized Signature a a t, 4. Aft. r ♦ ~Ntl e*I<ROi r. sin wi., 7A 76220& (If corporation, attest and affix a Corporate Seal) Fri ~v~ Aso N \WON Oor\BWNet Pros rod rmpbWosb r Pule Saar FkW, I.Ithwt 6.q.ovs,rs BIdMI31 t Notlr m BdCs,.doc Pd a* L DODL IS-- Title p rNY Address IPOPW=xw'e It. Z L d. arc.7 A ,ova jor/ City, State, Zip k Telephone 97Z 4i"4 BZv7 i WWw o.w 4dWg F . e au,nyWw W. Pat S...v FW& L4Mm 4epm.cmmu await w w 9wdvae.c BOND NO. 71 SB 103296863 BCM PERFORMANCE BOND STATE OF TEXAS § COUN I Y OF DF,NTON § KNOW ALL MEN BY THESE PRESENTS That Graves I leitric,_L3c_whose address is 1672 P Relthne Rd C'arrnlltnn TX 75()(1(j hereinafter called Principal, and ?R?±uFi.S GnSUALTY AND SUREPY COMPANY OF AMERICA a corporation organized and existing under the laws of the State of CONNECTICUT , and fully authotized to transact business to the State of Texas, as Surety, are held and firmly bound unto the City of Demon, a municipal corporation organized and existing under the laws of the State of texas, hereinafter called Owner, in the penal sum of One Hundred F thy.Tw„ Ihons,nd Nine Huncirrd and n-II(L-DOLLARS 152.9011) 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, l exas, for the payment of which sum well and truly to be made, we hereby bind ourselves, out 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 Contrart price but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond 111F OBLIGA11ON TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2WO-231 , with the City of Denton, the Owner, dated the -2-1- day of Tilly A D 7000 , a copy of which is hereto attached and made a part hereof, for _-Bid N 251- North Lairs Park Soccer Feld!, I IghtIng Impmtcrmenia NOW, THFREFORh, it 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 hercaitci be made, notice of which modifications to the Surety being hereby waived, and, it 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 Imal completion and final acceptance of the Work by the owner, and, if the Principal shall fully indemnity and save haunfess the Owner Irotn all costs and damages which Owner may suffer by reason of failure to so pertotm herein and shall fully reimburse and iepay Owner all outlay and expense which the Owner may tricot in making good any default or deficiency, 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 lie 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 be performed thereunder, of to the Plans, Specifications, Drawings, etc. , ac.c.ompanying the same, shall in anywise affect its obligation on this Bond and it dues hereby waive none of any Such change, extension of utne, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Spec.itic,itions, Drawings, etc flits Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other appllc.able statutes of the State of Texas Ilie 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 Article 7 19-1 of the Insurance Code, Vernon's Amiotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument is executed to _4wpreS, each one of whtt,h shall be deemed an original, this the 75 day of _IuLy-, _2()pIL ATTEST PRINCIPAL GROVES ELECTRICAL SERVICE, INC. BY . SLCRErAR BY /'i!-f-~'V`?~' PRFSIDENT ATTFST SIJRFTY TRAVELERS CASUALTY AND SURETY COMPANY OF BY _ - - - - - FICA BY _ ATTORNEY- AC" STEVEN J. Z 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 S1RLL1 ADDRLSS 206 ELM ST., 0105, LEWISVILLE, TEXAS 75057 (NOTE Date of Performance Bond nutu be date of Contract lj Resident Agent is not a corporation, give a person's name ) PB-2 BOND NO. 71 SB 103296863 RCM PAYMENT BOND SLAlLor TEXAS § COUNTY OF DENTON § KNOW ALI. MFN BY IHESG PRESENTS that Gruves_Eleuri, Tn, , whose address is 161 E Belt inp Rd Cariullton, T 75006, hereinafter called Prtnupal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMER>Ck_, a corporation organized and existing under the laws of the State of CONNE.C=Tand fully autho ized to transact business in the State of texas, as Surety, are held and firmly hound unto the City of Denton, a municipal cot poration organized and existing under the laws of the State of fexas, hereinafter called Owner, and unto all persons, firms, and corporations who may tuinish materials for, of perfoum labor upon, the building or improvements hereinafter referred to, in the penal sum of not, Hnndred Fifty Two lhnusand Nine Hrindrrd ands/100-DOLLARS 117 (A) 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 brad ourselves, our heirs, cxec,utors, 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 winch 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 Dond 1I117 OBLIGA110N TO PAY SAME is conditioned as follows Whereas, the Pr mr.ipal entered into a c.ertam Contract, identified by Ordmam c Number 200(123L with the City of Denton, the Owner, dated the 21 day of -hily_ A D 2000, a copy of which is hereto attached and made a part hcrect, for Bid y 751R _ North I akes.P.ark Stu( or Fic--Idq I ig sting Improvrmrntt NOW, 111FREFORE, it 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 Contra" that may licteatter be made, nutue of which modtfic anions to the Surety being hereby expressly waived, then this obligation shall be void, otherwise it shall lennam 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 teceived, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the ( ontrau, or to the Work to be performed thereunder, of to the Plans, Spectfnauons, Drawings, M. , a".ompanymg the same, shall in anywise affe" its obligation on (tits Bond, and it dues hereby waive notice of any such change, extension of time alteration or addition to the terms of the Contra", or to the Work to he performed thereunder or to the Plans, Specitications, Drawings, etc PB•3 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Vovernment Code, as amended, and any other appltt.able 61atute5 of the State of Texas l he 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 he had in matters arising out of such suretytihip, as provided by Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of 1 exas IN WI INLSS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed in original, this the 95 day of - July-, 2non ATTEST PRINCIPAL GROVES ELECTRICAL SERVICE, INC. /f SECRETARY BY PRESIDENT AT1 LS I' SURETY TRAVELERS CASUALTY AND SURETY COMPANY OF BY 2 UA013 AMERICA BY ATTORNEY- - AC 1 STEVEN J. Z I he Resident Agent of the Surety in Denton County, l exas for delivery of notice and service of the proee"s n NAME PCL CONTRACT BONDING AGENCY STREET ADDRESS 206 ELM ST., #105, LEWISVILLE, TEXAS 75057 (NOTE Date of Payment Bond muat be date of Contract If Resident Agent is not a oiporanon give a person's name ) PI3-4 slid 2SIA No, Ili Iakca Purk SJLcu rjois I Iglumg Inlpiuvunuus 7 NMI 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 under 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, Steven J Zmecker or Beverly Webb " " of Lewisville, TX, their true and lawful Attorney(s)an-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United 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 bind 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 Attorney(s)-in-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 mndemnmty, and other wntmgs 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 thelpower 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 any part of the foregoing authority to one or more officers or employees of this Company provided that each such delegation is in wntmg and a copy thereof is filed in the office of the Secretary VOTED That any bond, recogmzance, 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 Semor 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 Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authont) or by one or more Companyloffmcers pursuant to a written delegation of authority This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authorit) 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, w hich Resolution is now in full force and effect VOTED That the signature of each of the following officers President, any Executive Vice President, any Semor 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 to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys m-Fact for purposes only of execut g 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 Companv and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached (8 97) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS have caused this instrument to be signed by their Senior Vice President, and their corporate seals to be hereto affixed this 10th day of January, 2000 S LATE Ol, CONNEC FICU L )SS Hartford COUNTY OF HARTFORD N10fWflY PJ/~fr +NO pL O/ 9 i itrrtrHRA W HARTFORD ~Caly R ~ CONN S pyABU~f o?ty ~r AL u t982~'0 Zfk • St S6`~ a A~aD TRAVELERS CASUALTY Ai\D SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS e po B'""`~ giY OPPOR„l 3 SEAL ? By •<f,fwo,e c George W Thompson f Senior Vice President On this 10th day of January, 2000 before me personally came GEORGE W THOMPSON to me known, who, being by me duly siAom, did depose and say that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, the corporations described in and which executed the above instrument, that he/she knoNN s the seals of said corporations, that the seals affixed to the said instrument are such corporate seals, and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof T pue~m rr My commission expires June 30, 2001 Notary Public Marie C Tetreauit CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, stock corporation of the State of Illinois, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked, and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut Dated tlus 25th day of July, 2000. 0. a~/QTY •NOr pABUaf~ 1YD fUlf v O SAS (100 n,_ e g ~fi~ a ~ Cf"l a HARTFORD+ o U' ` 9 8 3~ o BEAL By ~ CONN ~ Kort M Johanson er s6 aD "?y Sao`' a' e, y . F faf Assistant Secretary, Bond ACORD CERTIFICATE OF LIABILITY INSURANC ID s, 1 mm 0802/"/02/"' 00 RODUCER TH18 CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Independent Insurance Grou HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 8111 LBJ lreeway Ste. 97S AUG 1 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Dallas TX 75251 (I ~ G o 3 2000 INSURERS AFFORDING COVERAGE Phone 972-231-8277 uLIL.~~~T7-T"f-1"'c'fLUi INSURERA CU -"'e.-YV LJ J_ INSURER8 Si; Groves Electrical Service, Inc w INSURERC COI Attn g Sal na 3$3airagtoa Carrollton TXL75006 ad INSURER0 L:HYCT Ulca 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR TYPE OF INSURANCE POLICY NUMBER 10 F B M APIKATION DATE M I ODIYY IMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERAL LIABILITY GRR514503 05/31/00 05/31/01 FIRE DAMAGE (Any we fim) $300,000 CLAIMS MADE OCCUR MED EXP(Any one goon) $10,000 X Per Project Agg BO CUBRSMS XCU zx=xzms PERSONAL S ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GENL AGGREGATE LIMIT APPLES PER PRODUCTS COMPIOP AGG s2,000,000 1 POLICY JECT LOD 7 AUT OMOBILE LIABILITY COMBINED SINGLE $1 000 000 A X ANY AUTO GRAS13451 05/31/00 05/31/01 Me ~denq ALL OWNED AUTOS INJURY SCHEDULED AUTOS (Pw Wleo^ $ X HIRED AUTOS BODILY INJURY $ X NOWOWNED AUTOS (P+~D X Hired Car PROPERTY DAMAGE $ Physical Damage $2S,000 LIMIT (PWaLca^B GARAGE LIABILITY AUTO ONLY EA ACCIDENr S R ANY AUTO OTHER THAN EA ACC S AUTO ONLY AGO S EXCESS LIABILITY EACH OCCURRENCE S-5,00-0,000 C X OCCUR 7CLAIMSMADE CRDW50380 05/31/00 05/31/01 AGGREGATE $5,000,000 _ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND ' X TORYLIMITS ER B EMPLOYERS LIABILITY 6TXWCIO01243 05/31/00 05/31/01 E.L. EACH ACCIDENT S 500000 • ELOISEASE EA EMPLOYEE SSOOOOO EL DISEASE POLICY LIMIT $500000 OTHEj DESCRIPTION OF OPERATIONWLOCATIONBNEHI=WEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re Sports Lighting *See attached wording c nvVVGR j AYYIIIYRAL I,IiYRWIRWRRR WTTBR {iAW4.CLLXIIVTY CITYDEB SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXFIRATIOI DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT PAILURB TO DO SO SHALL City of Denton IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENT OR 215 E McKinney REPRESENTATIVES Denton TX 76201 X2 n NOTEPAD: € muvn"tom droves =.w Service, 2nc QP1D SAC ^1 DATE 00/02/00 %%a City of Denton, its Officials, Agents, Mmployses and Volunteers are Additional Insureds with respects to all liability policies Such insurance is primary to any other insurance available to the Additional Insured with ras at to claims covered under the policy and this insurance applies separatel to Lab insured against wham claim is made or suit is brought Said po icy shall not be cancelled, nonrenewed or materially changed 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 A Waiver of Subrgoation in favor of the City of Denton applies to Workers' Compensation (Builders Risk coverage is available to this insured if the bid in successful )