HomeMy WebLinkAbout2009-313ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE DEMOLITION OF AN EXISTING SLIDE AND INSTALLATION OF A
NEW SLIDE AT THE CITY OF DENTON WATER WORKS PARK; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID
4440-AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION,
SUNBELT POOLS, INC. IN THE AMOUNT OF $355,226).
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 ordinances; 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:
SECTION 1. 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:
NUMBER CONTRACTOR AMOUNT
4440 Sunbelt Pools, Inc. $355,226
SECTION 2. The acceptance and approval of the above competitive bids 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 3. 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,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. Upon acceptance and approval of the above competitive 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 5. This ordinance shall become effective immediately upon its passage and
approval.
t�
PASSED AND APPROVED this the -5-day of ZM67II&L ,2009.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: f_ -
3-ORD-Bi 4440
r: -
doaq 613
CONTRACT AGREEMENT
STATE OF TEXAS
§ COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 15 day of December A.D., 2009,
by and between City/of Denton of the County of Denton and State of Texas, acting through
George. C. Cara bell thereunto duly authorized so to do, hereinafter termed
"OWNER," and
Sunbelt Pools, Inc.
10555 Plano Road
Dallas, Tx 75235
of the City of Dallas, County of Dallas and State of
"CONTRACTOR."
Texas
, hereinafter termed
wITNES SETT -I: 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 4440 water Works Slide Replacement
in the amount of 3 5 5,22 6 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 all local, state and federal
laws; and 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 staff and C.T. Brannon Corporation
all of which are referenced herein and made a part hereof and collectively evidence and constitute
the entire contract.
CA-1
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 slck
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 covenants and agrees to and does hereby indemnify, hold harmless and defend, at
its own expense, owner, its officers, servants and employees, from and against any and all claims or
suits for property loss or damage and/or personal injury, including death, to any and all persons, of
whatsoever kind or character, whether real or asserted, arising out of the work and services to be
performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or
invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers,
servants, employees, of the owner. Contractor likewise covenants and agrees to, and does hereby,
indemnify and hold harmless owner during the performance of any of the terms and conditions of
this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of
officers, servants, or employees of owner. The provisions of this paragraph are solely for the
benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise,
to any other person or entity.
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.
14FMIM
Right to Audit
The OWNER shall have the right to audit and make copies of the books, records and computations
pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and
other evidence pertaining to this agreement during the contract period and five years thereafter,
except if an audit is in progress or audit findings are yet unresolved, in which case records shall be
kept until all audit tasks are completed and resolved. These boobs, records, documents and other
evidence shall be available, within 10 business days of written request. Further the
CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain
all books, records, documents and other evidence pertaining to this agreement, and to allow the
OWNER similar access to those documents. All boobs and records will be made available within a
So mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the
audit reveals an overpayment of 1 % or greater. If an overpayment of 1 % or greater occurs, the
reasonable cost of the audit, including any travel costs, must be borne by the CONTRACTOR
which must be payable within five business days of receipt of an invoice.
Failure to comply with the provisions of this section shall be a material breach of this contract and
shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of the
terms "boot{s ", "records", "documents" and "other evidence", as used above, shall be construed to
include drafts and electronic files, even if such drafts or electronic files are subsequently used to
generate or prepare a final printed document.
CA-3
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the
year and day first above written.
APPROVED AS TO FORM:
MTA BURGESS, If Y ATfORNEY
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CA-4
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PAYMGNTBOND
SureTec Insurance Company
THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION
Statutory complaint Notice
To obtain information or make a complaint: You may call the surety's toll free telephone number
for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at:
SureTec Insurance company
9737 Great Hills Trail, Suite 320
Austin, TX 78759
You may contact the Texas Department of Insurance to obtain information on companies,
coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of
Insurance at
Po Box 149104
Austin, TX 78714-9104
Fax#: 512-475-1771
Web: hppt://www.tdi.state.tx.us
Email: cons umerProtection@tdi.state.tx.us
PREMIUM OR CLAIM DISPUTES: should you have a dispute concerning your premium or
about a claim, you should contact the surety first. If the dispute is not resolved, you may
contact the Texas Department of Insurance.
Terrorism Risks Exclusion
The Bond to which this Rider is attached does not provide coverage for, and the surety shall not
be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war.
Exclusion of Liability for
Mold, Nlycotoxins, Fungi & Environmental Hazards
The Bond to which this Rider is attached does not provide coverage for, and the surety thereon
shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores,
hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards,
bio-hazards, hazardous materials, environmental spills, contamination, or cleanup; nor the
remediation thereof, nor the consequences to persons, property, or the performance of the
bonded obligations, of the occurrence, existence, or appearance thereof.
POA #: 4221029
SureTec
LIMITED POWER OF ATTO EY
Kiiow Ali Alen by These presents, That SURETEC INSURANCE COMPAN (the "Company"), a corporation duly organized and
existing under the laws of the State of 'Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
Clem F. Lesch, Pauline L, Lesch, teven W. Lewis, Allen Sparks, Michael Ross, Eric Lesch, Lisa Borhaug
its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety, providing the bond penalty does not exceed
Five Million Dollars and nol100 ($5,000,000.00.011
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys) -in -Fact may do in the
premises, Said appointment shall continue in force until 12/31/11 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President., any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act ror and on
behalf of the Company subject to the following provisions:
Attorney -In -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary,
Be It Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (adopted at a rueetlrrg hold are 20"� of April,
1999)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 28th day of October, A.D. 2008,
e,,�., :�..>�.:, SURETEC INS ACE COMPANY
�.o Os
V % By$
+6
i1 y y Y B. ► KI ? esident
State of Texas ss: - J. w,.
County of Harris ......
On this 28h day of October, 2008 before me personally Game BJ, King, to me known, who, being by me duly sworn, did depose and say, that he resides
in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument,
that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of
Directors of said Company; and that he signed his name thereto by like order.
Michella Denny
MANY Pago
State of `texas `
"rat Augat27,2012 j
Michelle Denny, Notary P tic
My commission expires August 27, 2012
1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in f il; force and effect.; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect.
Given tinder xny hand and the seal of staid Company at Houston, Texas this _2 S th day of December , 20 09 , A ,D.
M. Brent Beaty, Assistant Secretary
Any instrument issued in excess of the penalty stated above is totally gold and without any validity.
For verification of the authority of this power you may call (713) 812.,0800 any business day between 8:00 am and 5;00 pm CST,
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 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 hid 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.
CI-9
• 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.
• Cancellation: The City requires 30 day written notice should any of the
policies described on the certificate be cancelled or materially changed
before the expiration date.
• 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 re quire d insurance lapse during the contract terns, 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.
CI -9 10
SPECIFIC ATTRITIONAL 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
th ese additional spec fications thro ugh o ut th a duration of th e Contract, or longer, if so n oted:
[XI A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $1,000,000.00
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 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 $500,000.00 either *n 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 conj unction 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.
Cl- 11
(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).
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.
CI - 12
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a "blanket" basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access to
City funds. Limits of not less than each occurrence are required.
[ ] 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.
CI - 13
1XI
ATTACHMENT 1
Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage Ccertificate")-A copy of a certificate of insurance, a certificate
of authority to self -insure issued by the commission, or a coverage agreement (TWCC-
815 TWCC-$2, 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'slperson'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 401.011(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:
CI - 14
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 proj ect;
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 prof ect;
4) obtain from each other person with whom it contracts, and provide to the contractor-,
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;
CI , 15
S) 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
prof ect; and
7) contractually require each person with whom it contracts, to perform as required b
p q y
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 prof ect, 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.
CI - 16
CONFLICT CIF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491, Both Leg., Regular Session,
OFFICE USE ONLY
This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a
Date Received
person doing business with the governmental entity.
By law this questionnaire must be filed with the records administrator of the local government not
later than the 7th business day after the date the person becomes aware of facts that require the
statement to be filed. See Section 176.006, Local Government Code.
A person commits an offense if the person violates Section 176.006, Local Government Code. An
offense under this section is a Class C misdemeanor.
I Name of person who has a business relationship with local governmental entity.
12]
F� .Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7tn business
day after the date the originally fled questionnaire becomes incomplete or inaccurate.)
3
Name of local government officer with whom filer has an employment or business relationship.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business
relationship as defined by section 175.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the
filer of the questionnaire?
0 Yes No
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the
local government officer named in this section AND the taxable income is not received from the local governmental entity?
Yes 0 No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer
serves as an officer or director, or holds an ownership of 10 percent or more?
Yes
No
D. Describe each affiliation or business relationship.
4
Signature of person doing business with the governmental entity Date
Adopted 06/29/2007
CIQ - 1
.ORIGINAL;
Purchasing Department
901-B Texas St,
Denton, Tx 76209
(940) 349-7100
www.dentonpurchasing.com
ro ■ I I I ,
Water Works Slide Replacement
BIDS DUE: DECEMB11•
2:00 P.MN
Questions concerning this bid should be directed to:
Bid Submission Procedures:
Tom Shaw
Purchasing Agent
(940) 349-7100
Technical Specifications:
Tom Kiimko
Parks and Recreation
(940) 349-8805
Bid submitted by:
SUNBELT POOLS, INC.
Company Name
KNOW ALL MEN BY THESE PRESENTS, that we Sunbelt Pools; Inc. as principal, hereinafter called the
Principal, and SURETEC INSURANCE COMPANY, 9737 Great Hills Trail, Suite 320, Austin, Tx 78759, as Surety,
hereinafter called the Surety, are held and firmly bound unto City of Dentonas Obligee, hereinafter called the
Obligee, in the sum of Five Percent of the Greatest Amount Bid (5°/0) for the payment of which sum well and truly to be
made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS, the principal has submitted a bid for Water Works Slide Replacement -#4440
NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as
specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such
Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount
specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to
perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and
effect.
PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless obligee prior to execution of
the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that
financing has been firmly committed to cover the entire cost of the project.
SIGNED, sealed and dated this 3rd day of December_, 2009.
Sunbelt Pools. Inc.
(Principal)
BY:
TITLE: Y96A'J.
SureTcc Insurance Company.
BY: ---------------------
Pauline L. Lesch ,Attorney -in -Fact
SureTec Insurance Company'
THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION
Statutory Complaint Notice
To obtain information or make a complaint: You may call the Surety's toil free telephone number for information or
to
make a complaint at; 1-866-732-0099. You may also write to the Surety at:
SureTec insurance Company
9737 Great Hills Trail, Suite 320
Austin, Tx 78759
You may contact the Texas Department of insurance to obtain information on companies, coverage, rights
at 1-800-252-3439. You may write the Texas Department P 9 9 or complaints
Y p ent of Insurance at:
Po Box 149104
Austin, TIC 78714-9104
Fax#: 512-475-1771
Web: http:/A&ww.tdi.state.tx.us
Email: ConsumerProtection@tdi.state.tx.us
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should
contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance.
Terrorism Risks Exclusion
The Bond to which this Rider is attached does not provide coverage for, and the suretyshall not be liable f
caused by acts of terrorism, riot, civil insurrection, or acts of war, for,
losses
Exclusion of Liability for
Mold, Mycotoxins, Fungi R Environmental Hazards
The Bond to which this Rider is attached does not provide coverage for, and the suretythereon shall n
molds, living or dead fungi, bacteria, allergens, histamines, of be liable far,
g ' , spores, hyphae, or mycotoxins, or their related products or
Parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills. contaminate
cleanup, nor the remediation thereof, nor the consequences to persons, P on, or
q P t property, or the performance of the bonded
obligations, of the occurrence, existence, or appearance thereof.
POA #: _. 4221029
S.ur'eTe'c Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That S RETEC INSURANCE, COMPANY (the `Company's}, � 'orporatioh duly nor an�zed and ,
existf.ng.under the laws of the State of Texas, and raving its pAneipal once 'in Houston, Harris County, Texas, does by these p' resents
Make, constitute and appoint =
Clem F. Lesch, Pauline L. Lesch, Steven W. Lewis, Alien Sparks,. Michael Ross; Eric Lesch,. Lisa Borhaug
its true and lawful Attorney -in --fact, with full poorer and authority hereby conferred in its name, place and:stead, to execute, acknowledge
and deliver - any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to tho
conditions of contracts and consents of surety, providing the bond penalty does not exceed
Five Million Dollars and no1100 ($5,000,400.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said -Attorneys} -in -Fact may do in the
premises. Said appointment shall continue in _force until 12/31 /11 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
fle it Resolvedt that the President, y Vice -Resident, any .Assistant Vice -President,' any Secretary -or any Assistant Secretary shalt be and h;
hereby vested with hall power and authority to appoint any one o'r more Suitable persons as Attornoy(s)-in--Fact to represent and -act for and on
.behalf of the: Company subject ta. the following provisions.
Attoi*gy-ire-:Fact may be given full power and authority for and in the name of and. of behalf 'of the Company, to execute; acknowledge and
deliver, any and all, bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatoty undertakings and my and all
notices and documents Canceling or terminating the Company's liability thereunder, and.any. sucb mtruments so executed by miy such
Attorney -In -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be It Resolved, that the signature of any authox-ized officer and seal of the Company heretofore or' bereafter affixed to any power of attorney or
nny.certificate relating thereto by facsimile, and airy power of atton-my or certificate bearing facsimile signature or fa.csim le goal shalt be valid
and binding upon the Company with resT t to any bond or undertaldng to w ich it is attached, (Adopted at a meelin held on 200 of April,
1A9r��/yyi)
In Witness Whereof, SURETBC INSIJRA CE COMPANY bas caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 28th day of October, A.D. 2008.
°s SUR. TEC INS F, COMPANY
RAN
~re 4 .•� fa.k��f
ksident
M
KI
State of Texas:', s
County of Ham's � 'i;��4ti.rske�f�•y ���~ -
On this 28h day of October, 2008 before the personally cane B.J. King, , to nee known, .who, being by me duly `s*vom, did depose and say, that he resides
in Bou:mn, Toxas, that ho is PMs ,dent of S RETEC INSURANCE COM?ANY, the company *scnibcd in and which executed the above imtrurnent;
that he knows the seal of said Co pony; .fat the seal afflxet to said instrument JS such corporate seal; that it was so affixed by order of the Board of
Directors -of said Company; and that he signed his name thereto by like order,
Michelle Denny
N *I W"y Pu b 5 o
ftt aOf Texas
a nr� 41mt
Miche le Denny, rotary Pbfic
:My pax'mission expires August 27, 2012
I, M. ,Brent Beaty, Assistant Secretary of,SUPETBC INSUMWE COMPANY, do hereby certify -ftt the abov'e-and foregoing is a true and correct copy
of a Power of Attomey, executed by said Co'mpany; which is sti11 in full force and effect; and furthermore, the resolutions of the BO' and of Directors, set
out 'in the Power o-fAttorney are In full force and effect.
Given under my hand and the seal of said Company at Houston, .Texas this , 3 rd day of De e emb er , 20O 9 , AD.
M.-ent eat' Avis And +eereta�ry
Any instrument issued In excess of the penalty stated above is totally void and without any validity.
Fot verificatlon of the authority of this poorer you may call (7 3) $12.0800 any business day between 0:00 are and 5:00 pro CST,
TABLE OF CONTENTS
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This Table of Contents is intended as an aid to bidders and not as a comprehensive listingof the
bid package. Bidder, are responsible for reading the entire bid package and complying wltb all
specifications.
NOTICE TO BIDDERS
Sealed bid proposals addressed to the City of Denton, Purchasing Department will be received at
the office of the Purchasing Agent located at 901-B Texas Street in the Purchasing Department on
the second floor of the Service Center complex until 2:00 p.m. on December 3, 2009 for the
purchase of construction services for water works slide replacement in Denton, Texas, as follows
per bid instructions and specifications:
Bid No, 4440 — Water Works slide Replacement
Bids will be publicly opened and read aloud. Bids received later than the specified time and date will
be returned to the bidder unopened. The bids will then be officially reviewed and awarded by the
City council as soon thereafter as possible.
All bid proposals must be made on the printed document forms included in the specifications. The
submitted bid shall not be altered, withdrawn, or resubmitted within sixty (60) days from and after
the date of the bid opening. Bidder shall submit one original and one copy of their proposal.
Qualified prospective bidders may obtain copies of the bid invitation with information to bidders,
bid proposals, plans, and specifications at the office of the Purchasing Agent, located at 901-B
Texas Street, Denton, Texas, at the Service center complex, upon non-refundable deposit in the
form of a check, money order or cashier's check in the amount of twenty ($20.00) dollars per set.
Cash will not be accepted.
Each bid must be accompanied by a cashier's check, certified check, or acceptable bid
bond payable without recourse to the city of Denton, Texas in an amount not less than five
percent (5%) of the bid submitted as guarantee that the bidder will enter into a contract and
execute any required bonds, and insurance certificate within ten (10) days after the
notification of the award of the contract to the bidder. All bids received without the above
will be rejected and considered non -responsive.
Contractor shall furnish proof of insurance prior to bid award in the form of an insurance certificate
to the Purchasing Department.
The city of Denton, Texas reserves the right to reject any and all bids and informalities, unless all
bids are rejected, and award will be made to the lowest and most respc risible bidder.
Minority and small business vendors or contractors are encouraged to bid on any and all city of
Denton projects.
CITY OF DENTON, TEXAS
Purchasing Department
90 1 -B Texas Street
Denton, TX 70209
C/o Toni Shaw, C.P.M.
Advertisement to run November 17, 2009 and November 24, 2009.
CITY OF DENTON
BID FOR WATER WORKS SLIDE REPLACEMENT
k
�: �:'+:.. .: �+ F.::�=r-°tea". r,� s r+-Y c.a,.�. - •'�Z"'• - - - rr _ .g*: _
TOTAL
ITEM QTY. DESCRIPTION UNIT PRICE AMOUNT
Demolition of existing slide for
Thirteen Thousand Six Hundred Sixty six„ dollars and $13 666. pp $ 13, 666 . 00
Zero cents lump
sum
Furnish, deliver and install the specified slide configuration for an
2 Allowance allowance of TWO HUNDRED FORTY THOUSAND AND NO/DOLLARS $240,000 $240,000
lump sum.
Install the slide including but not limited to all foundations, concrete
3 ,l flatwork, pumping, plumbing, and electrical, complete and operational for $1()11560.00 $101, 5 6 0.0 0
One Hundred & one Thousand Five Hundred & Sixty dollars and
Zero cents lump sum.
Total Bid: $355,226.00 $355, 226. 00
Install 8" SDH 40 PVC collection box drain line to the existing pump pit
Alt 1 as shown on the plans, complete and in place for $ 9 , 9 5 0.0 0 $ 91 9 5 0 . 0 0
Nine Thousand Nine Hundred & Fifty dollars and
Zero cents lump sum.
RETURN ONE (1) COMPLETE ORIGINAL AND ONE (1) COPY OF EXECUTED BID PROPOSAL
Shipment can be made in 112 days from receipt of order.
*Prices shall be bid F.O.B. Denton
**In case of calculation error, unit pricing shall prevail.
Bidder is an authorized distributor, by the manufacturer, and is authorized to sell YES NO NIA
to the City of Denton?
4/griature of Authorized Representative
12/3/2009
Date
SUNBELT POOLS, INC.
Company Name
PAGE 1 OF BID #4440 Bidders Initials rt-�
CITY OF DENTON
BID FOR WATER WORKS SLIDE REPLACEMENT
Special Provisions to the Bid Items
Item 1. Item includes removal of the existing slide flume, flume support structure, columns, arms,
brackets, and foundations. Foundations not obstructing new construction are to be demolished to
a distance of not less than twelve inches under the final grade. obstructions to newer construction
must be totally removed. The item includes cost of demolition, loading and hauling and all costs
for legal disposal of the materials. Salvage belongs to the Contractor.
Item 2. The entire allowance will be paid to the contractor for the purchase of the slide and
erection of the structure on contractor's foundation. Item includes shop drawings, submittal costs,
fabrication, loading and off loading, storage, insurance in transit, security, and installation by
manufacturer's approved installer. Item includes flume, brackets, bracket arms, columns,
fasteners, anchors and hardware of any kind necessary to secure the slide pieces together or
anchor it to the Contractor's foundation. This allowance does NOT include cost of foundations,
concrete flat work, electrical and plumbing, pump, drainage and clean up.
Item 3. This item includes all the items bf work shown on the plans or reasonably implied for a
complete and functional slide installation including those items NOT included in the allowance. It
also includes incidental modifications to the existing slide tower platform to accommodate the new
slide entry tub and modifications to the existing slide pump and plumbing to operate the new slide
per the manufacturer's recommendations. It includes the repair of concrete surfaces below and
adjacent to the slide and restoration of other surfaces.
PAGE 2 OF BID #4440 Bidder's Initials �V
CITY OF DENTON
BID FOR WATER WORKS SLIDE REPLACEMENT
The undersigned agrees this bid becomes the property of the City of Denton after the official
opening.
The undersigned affirms he has familiarized himself with the local conditions under which the work
is to be performed; satisfied himself of the conditions of delivery, handling and storage of
equipment and all other matters that may be incidental to the work, before submitting a bid.
The undersigned agrees, if this bid is accepted, to furnish any and all items/services upon which
prices are offered, at the price(s) and upon the terms and conditions contained in the
Specifications. The period for acceptance of this Bid Proposal will be sixty (60) calendar days
unless a different period is noted by the bidder.
The undersigned affirms that they are duly authorized to execute this contract, that this bid has
not been prepared in collusion with any other Bidder, nor any employee of the City of Denton, and
that the contents of this bid have not been communicated to any other bidder or to any employee
of the City of Denton prior to the official opening of this bid.
Vendor hereby assigns to purchaser any and all claims for overcharges associated with this
contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seg., and
which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code,
Section 15.01, et se .
The undersigned affirms that they have read and do understand the specifications and any
attachments contained in this bid package.
NAME AND ADDRESS of COMPANY:
SUNBELT POOLS, INC .
10555 PLANO RD
DALLAS TX 75238
Tel. No. 214 343 -1133
V OM PANY IS.
AUTHORIZED REPRE ENTATIVE:
Signature
Cute DECEMBER 3, 2009
Name ROB MORGAN
Title PRESIDENT
Fax No. 214 7 2 2- 5 0 9 6
Email. Robm@sunbeltpools . com
Business included in a Corporate income Tax Return? X YES
X Corporation organized & existing under the laws of the State of
Partnership consisting of
Individual trading as
X Principal offices are in the city of DALLAS , TX
PAGE 3 OF BID #4440
NO
TEXAS
Bidder's Initials Imo'
CITY of DENTON
BID FOR WATER WORKS SLIDE REPLACEMENT
COMPLETE SET OF ORIGINAL AND ONE COPY OF EXECUTED BID PROPOSAL
MUST BE RECEIVED IN THE PURCHASING DEPARTMENT AT 901-B 'TEXAS ST, DENTON, TX 76209
ON OR BEFORE DECEMBER 3, 2009 AT 2:00 Puma
QUESTIONS REGARDING SPECIFICATIONS MUST BE SUBMITTED IN WRITING TO THE PURCHASING OFFICE FIVE
(5) WORDING DAYS PRIOR TO THE BID OPENING. ALL QUESTIONS SUBMITTED AFTER THAT DATE WILL NOT BE
CONSIDERED TO ENSURE ALL BIDDERS ARE GIVEN EQUAL ACCESS TO THE INFORMATION PROVIDED.
All questions regarding the bid and purchasing process should be directed to:
TOM SHAM/, PURCHASING AGENT Email: Tom.Shaw@cityofdenton.com
Phone: (940)'349-7100 Fax: (940) 349-7302
Directions to the Purchasing Department can be accessed atwww.denton urchasin .com
(Click on "Directions to our office")
All bids including a `ENO BID" are due in the Purchasinq Department by the due date, in
sealed envelopes or boxes. All bids must be clearly marked with the name of the Company
submitting the bid, the Bid Number and Date and Time of opening on the outside of the
envelope/box. original bid must be clearly marked "ORIGINAL" and contain all original
Signatures. All proposal pages must be initialed or signed where indicated, All bids will be
publicly opened at the date and time listed above or as soon thereafter as practical. The City of
Denton does not accept faxed bids.
Any bid received after the date and/or hour set for bid openinq will be returned unopened.
If bids/proposals are sent by mail to the Purchasing Department, the bidder shall be responsible
for actual delivery of the bid to the Purchasing Department before the advertised date and hour for
opening of bids. If mail is delayed either in the postal service or in the internal mail system of the
City of Denton beyond the date and hour set for the bid opening, bids thus delayed will not be
considered and will be returned unopened.
Bids may be withdrawn at anytime prior to the official opening. Alterations made before opening
time must be initialed by bidder guaranteeing authenticity. Any attempt to negotiate or give
information on the contents of this bid with the City of Denton or its representatives prior to award
shall be grounds for disqualification. After the official opening, bids become the property of the
City of Denton and may not be amended, altered or withdrawn without the recommendation of the
Purchasing Agent. The approval of the City Council is required for public works projects.
The City of Denton reserves the right to accept or reject in part or in whole any bids submitted,
unless denied by the bidder, and to waive any technicalities for the best interest of the City. Any
submitted article deviating from the specifications must be identified and have full descriptive data
accompanying same, or it will not be considered. Submitted bids shall remain in force fora sixty
(60) day period after opening or until award is made; whichever comes first. In case of default
after bid acceptance, the City of Denton may at its option hold the accepted bidder or contractor
liable for any and all resultant increased costs as a penalty for such default. The City of Denton
will award the bid to the lowest responsible bidder while complying with all current state and local
laws.
The City of Denton is exempt from Federal Excise and State Sales Tax; therefore, tax must not be
included in this bid.
PAGE 4 OF BID #4440 Bidder's Initials L
CITY of DENTON
DID FOR WATER WORKS SLIDE REPLACEMENT
The City of Denton is requesting bids WATER WORKS SLIDE REPLACEMENT. The City will
only accept new products and will reject proposals for used or remanufactured goods. All bids
must be submitted on the attached Bid Proposal Form. Vendors may bid on any or all items. The
City of Denton will not enter into any contract where the cost is provisional upon such clauses as
"escalator" or "cost-plus" clauses.
All bids shall specify terms and conditions of payment, which will be considered as part of, but not
control, the award of bid. City review, inspection, and processing procedures ordinarily require
thirty (30) days after receipt of invoice, materials, or service. Bids which call for payment before
thirty (30) days from receipt of invoice, or cash discounts given on such payment, will be
considered only if, in the opinion of the Purchasing Agent, the review, inspection, and processing
procedures can be completed as specified.
Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215 E
McKinney St, Denton, TX, 76201-4299. It is the intention of the City of Denton to make payment
on completed orders within thirty days after receipt of invoice or items; whichever is later, unless
unusual circumstances arise. Invoices must be fully documented as to labor, materials, and
equipment provided, if applicable, and must reference the city of Denton Purchase order
Number in order to be processed. No payments shall be made on invoices not fisting a
Purchase order Number
Continuin non- erformance of the vendor in terms of Specifications shall be a basis for the
termination of the contract by the City. The City shall not pay for work, equipment, or supplies that
are unsatisfactory. Vendors will be given a reasonable opportunity before termination to correct
the deficiencies. This, however, shall in no way be construed as negating the basis for non-
performance termination.
The contract may be terminated by the City upon written thirty (30) days notice prior to
cancellation.
Bids will be considered irregular if they show any omissions, alteration of form, additions or
conditions not called for, or irregularities of any kind. However, the City of Denton reserves the
right to waive any irregularities.
The City of Denton reserves the right to accept or reject in part or in whole any bids submitted,
and to waive any technicalities for the best interest of the City. Bids maybe rejected, among other
reasons, for any of the following specific reasons:
1. Bids containing any irregularities.
2. Unbalanced value of any items.
3. Bid price cannot be determined based upon information provided, i.e. missing
freight charges, or other fees.
PAGE 5 OF BID #4440 Bidder's Initials P/1
CITY OF DENTON
BID FOR WATER WORKS SLIDE REPLACEMENT
Bidders may be disqualified and their bids not considered for any of the following reasons:
1. Collusion exists among the Bidders,
2. Reasonable grounds for believing that any Bidder is interested in more than one Bid
for the work contemplated.
3. The Bidder being interested in any litigation against the City.
4. The Bidder being in arrears on any existing contract or having defaulted on a
previous contract.
5. Lack of competency as revealed by a financial statement, experience and
equipment, questionnaires, etc.
0. Uncompleted work, which in the judgment of the City, will prevent or hinder the
prompt completion of additional work, if awarded.
7. Any other unresolved issues with the City.
Due care and diligence has been used in preparation of this information, and it is believed to be
substantially correct. However, the responsibility for determining the full extent of the exposure
and the verification of all information presented herein shall rest solely with the proposer. The city
of Denton and its representatives will not be responsible for any errors or omissions in these
specifications, nor for the failure on the part of the proposer to determine the full extent of the
exposures.
The successful bidder may not assign their rights and duties under an award without the written
consent of the Purchasing Agent. Such consent shall not relieve the assignor of liability in the
event of default by the assignee.
Prices shall include all charges for freight, F.O.B. inside to specified delivery location or:
Central Receiving
City of Denton Warehouse
901 B Texas Street
Denton, Texas 76209
Hours of operation shall be between 8:00 a.m. and 4:00 p.m., Monday through Friday, excluding
City of Denton holidays.
Delivery date is important to the City and may be required to be a part of each bid. The City of
Denton considers delivery time to be that period elapsing from the time the individual order is
placed until that order is received by the City at the specified delivery location. The delivery date
indicates a guaranteed delivery to the City of Denton, Texas. Failure of the bidder to meet
guaranteed delivery dates or service performance could affect future City orders.
The City reserves the right to demand bond or penalty to guarantee delivery by the date indicated.
If order is given and the Bidder fails to furnish the materials by the guaranteed date, the City
reserves the right to cancel the order without liability on its part.
PAGE 6 OF BID #4440 Bidder's Initials V__/.
CITY OF DENTON
BID FOR WATER WORKS SLIDE REPLACEMENT
Evaluation criteria shall include, but is not limited to the following:
a. Lowest responsible bidder meeting specification
b. Delivery
C. Vendor's past performance record with the city of Denton
d. city -of Denton's evaluation of vendor's ability to perform
e. city of Denton's experience with products bid
f. Special needs and requirements of the city of Denton
Award
The City reserves the right to award by line item, section,' or by entire bid; whichever is most
advantageous to the City, unless denied by the bidder.
Quantities indicated on the Bid Proposal Forms are estimates based upon the best available
information. The City reserves the right to increase or decrease the quantities to meet its actual
needs without any adjustments in the bid price. Individual purchase orders will be issued on an as
needed basis.
Any catalog,brand name or manufacturer's reference used is considered to be descriptive --
not restrictive -- and is indicative of the type and quality the City desires to purchase. Bids on
similar items of like quality may be considered if the bid is noted and fully descriptive brochures
are enclosed. If notation of substitution is not made, it is assumed vendor is bidding exact item
specified. Successful vendor will not be allowed to make unauthorized substitutions after award.
A packing list shall accompany each shipment and shall show:
City of Denton Purchase Order Number
Name and address of Vendor
Name and address of receiving department
Description of material shipped, including item numbers, quantity, etc.
Ins ection and Acceptance
The City of Denton may reject and refuse any delivery, which falls below the quality designated in
the specifications. The cost of return and/or replacement: will be at the vendor's expense,
Warranty
The vendor shall warrant any manufactured products for the useful life of the product against
deficiency in materials or workmanship.
The bidder must be an approved distributor by the manufacturer of these products, and is
authorized to sell the products to the City of Denton. The bidder also guarantees that the city will
be represented by the Manufacturer, should an issue arise, and that all manufacturer's warranties
will be in effect for the life of the contract.
PAGE 7 OF BID #4440 Bidder's Initials k/
CITY of DENTON
BID FOR WATER WORKS SLIDE REPLACEMENT
Contracts & Bonds
The successful awarded vendor will be required to sign the original contract and submit
performance and payment bonds before work is to commence.
Each bid must be accompanied by a cashier's check, certified check, or acceptable bid bond
payable without recourse to the City of Denton, Texas in an amount not less than five percent
(5%) of the bid submitted as guarantee that the bidder will enter into a contract and execute any
required bonds, and i n s u ra n ce ce rtificate with i n ten (10) days afterthe notification of the award of
the contract to .the bidder, All bids received without the above will be rejected and considered
non -responsive.
Successful awarded vendor will be required to sign original contract and submit performance
bond for 110 percent of the total bid submitted and payment bond for 100 percent of the total
bid submitted, before°work is to commence. 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.
Insurance
Bidder's attention is directed to the insurance requirements as attached in Appendix A. 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.
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.
Tax Exemption
�� --- IIAII II'19111 if IIIII
The city of Denton qualifies for sales tax exemption, pursuant to the provisions of Article 20.04 (F)
of the Texas Limited Sales, Excise and Use Tax Act. Any Contractor performing work under this
contract for the City of Denton may purchase materials and supplies and rent or lease equipment
sales tax free. This is accomplished by issuing exemption certificates to suppliers. Certificates
must comply with State Comptroller's ruling #95-0.07 and #95-0.09.
Safety Record
I
The City of Denton desires to avail itself of the benefits of Section 252.0435 of the Local
Government Code, and consider the safety records of potential contractors prior to awarding bids
on City contracts. Pursuant to Section 252.0435 of the Local Government code, the City of
Denton has adopted the written definition and criteria as shown in the Safety Record
Questionnaire (Appendix A) for accurately determining the safety record of a bidder prior to
awarding bids on City contracts.
PAGE 8 OF BID #4440 Bidder's Initials
CITY OF DENTON
BID FOR WATER WORKS SLIDE REPLACEMENT
SPECIAL TERMS AND CONDITIONS
Consideration of Location of Bidder's Principal Place of Business
Sec.271.9051. CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF
BUSINESS IN CERTAIN MUNICIPALITIES.
(a) This section applies only to a municipality with a population of less than 250,000 that is
authorized under this title to purchase real property or personal property that is not affixed
to real property.
(b) In purchasing under this title any real property, personal property that is not affixed to
real property, or services, if a municipality receives one or more competitive sealed bids
from a bidder whose principal place of business is in the municipality and whose bid is
within five percent of the lowest bid price received by the municipality from a bidder who is
not a resident of the municipality, the municipality may enter into a contract with:
(1) the lowest bidder; or
the bidder whose principal place of business is in the municipality if the
governing body of the municipality determines, in writing, that the local
bidder offers the municipality the best combination of contract price and
additional economic development opportunities for the municipality
created by the contract award, including the employment of residents of
the municipality and increased tax revenues to the municipality.
(c) This section does not prohibit a municipality from rejecting all bids.
(d) This section does not apply to the purchase of telecommunications services or
information services, as those terms are defined by 47 U.S.C. Section 153.
Vendors That Meet or Exceed Air Quality Standards
Sec. 271.907. VENDORS THAT MEET OR EXCEED AIR QUALITY STANDARDS.
(a) In this section, "governmental agency" has the meaning assigned by Section 271.003.
(b) This section applies only to a contract to be performed, wholly or partly, in a
nonattainment area or in an affected county, as those terms are defined by Section
335.001, Health and Safety Code.
PAGE 9 OF BID #4449 Bidder's Initials
CITY of DENTON
BED FOR WATER WORKS SLIDE REPLACEMENT
Vendors That fleet or Exceed Air Quality standards continued
(c) A governmental agency procuring goods or services may:
(1) give preference to goods or services of a vendor that demonstrates that the
vendor meets or exceeds any state or federal environmental standards,
including voluntary standards, relating to air quality; or
(2) require that a vendor demonstrate that the vendor meets or exceeds any
state or federal environmental standards, including voluntary standards,
relating to air quality.
(d) The preference maybe given only if the cost to the governmental agency for the goods
or services would not exceed 105 percent of the cost of the goods or services provided by
a vendor who does not meet the standards.
PAGE 10 OF BID #4440 Bidder's Initials
CITY OF DENTON
DID FOR WATER WORDS SLIDE REPLACEMENT
FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY
Disadvantaged Business Enterprises DBE are encouraged to participate in the City of
Denton's bid process. The Purchasing Department will provide additional clarification of
specifications, assistance with, Bid Proposal Forms, and further explanation of bidding procedures
to those DBEs who request it.
Representatives from DBE companies should identify themselves as such and submit a copy of
the certification.
The city recognizes the certifications of the State of Texas Building and Procurement Commission
HUB Program. All companies seeking information concerning DBE certification are urged to
contact.
State of Texas HUB Program
Texas Building and Procurement commission
PO Box 13047
Austin, TX 78711 -3047
(512) 463-5872
If your company is already certified, attach a copy of your certification to this form and return with
bid.
COMPANY NAME: N/A
REPRESENTATIVE: N/A
ADDRESS: NSA
CITY STATE ZIP: N/A
TELEPHONE NO. N/A
Indicate all that apply:
FAX NO. N/A
Minority -Owned Business Enterprise
Women -Owned Business Enterprise
Disadvantaged Business Enterprise
PAGE 11 OF BID #4440 Bidder's Initials
CITY OF DENTON
BID FOR WATER WORKS SLIDE REPLACEMENT
VENDOR REFERENCES
Please list three (3) Government references, other than the city of Denton, who can verify the
quality of service your company provides. The City prefers customers of similar size and scope of
work to this bid.
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GOVERNMENT/COMPANY NAME: CITY OF PLANO , TEXAS
LOCATION: SEE ATTACHED REFERENCE SHEET
CONTACT PERSON AND TITLE:
TELEPHONE NUMBER:
SCOPE OF WORK:
CONTRACT PERIOD:
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GOVERN MENT/COMPANY NAME: CITY OF KILEEN, TX
LOCATION: SEE ATTACHED REFERENCE SHEET
CONTACT PERSON AND TITLE:
TELEPHONE NUMBER:
SCOPE OF WORK:
CONTRACT PERIOD:
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GOVERNMENT/COMPANY NAME: CITY OF RICHARDSON, TX
LOCATION: CITY POOLS, CANYON CREEK, ARA.PAHO , TERRACE, GLENVILLE
CONTACT PERSON AND TITLE: Robbie Hazelbaker
TELEPHONE NUMBER: 972 7 4 4 -- 4 3 0 0
SCOPE OF WORK: General remodeling -of the pool, tile, laster , chemicals
CONTRACT PERIOD: Ongoing service Contracts to date
PAGE 12 OF BID #4440 Bidder's Initials
PROJECT REFERENCES. September 2009
MUNICIPAL PROJECTS
Torn Muehlenbeck Center, Plano, TX
Municipal natatorium and water park with lap swimming, diving well, children's pool, splashpad and
leisure pools. 18,000 square feet of surface area, $2,300,000 project completed in September 2007
Architect: Stephen Springs at Brinkley Sargent Architects 972 960-9970 ssprings@brinkleysargent.com
Aquatic Consultant: Counsilman/Hunsaker. Carol Anderson 314 894-1245
Killeen Lions Club Park, Killeen, Texas
Municipal water park with 14,000 square feet of surface area including 12 ft deep competition pool, play
and slide pools. $2,000,000 contract. Complete in May of 2009
Architect: Kimley-Horn and Associates, Adam Brewster, Mark Hatchel, 214 420-5600
Aquatic Consultant: Counsilman/Hunsaker. Darren Bevard , 314 894-1245
Lewisville Aquatics Facilities
Municipal water park with 20,000 square feet of surface area including 12.6 ft deep competition pool,
play and slide pools. $2,400,000 contract completed in May of 2005
Architect: Kimley-Horn and Associates. Mark Hatchel, 214 420-5600
Aquatic Consultant: Counsilman/Hunsaker. Scott Hester, 314 894-1245
Arlington Bad Konigshofen Water Park. Arlington, TX
Multi use family water park with lap swimming, diving well, chiildren's pool, splashpad and slide. 8,800
square feet of surface area. $1,300,000 project completed in January 2006
Architect: Stephen Springs at Brinkley Sargent Architects 972 960-9970
Aquatic Consultant: Counsilman/Hunsaker. Carol Anderson, 314 894-1245
Dallas Thurgood Marshall Family Aquatics Center (Bahama Beach). Dallas, TX
Municipal waterpark with 20,300 square feet of surface area. $700,000 contract for all pool plumbing
and equipment. Completed in May of 2005.
Architect: Kimley-Horn and Associates. Mark Hatchel, 214 420--5600
Aquatic Consultant: Counsilman/Hunsaker, Scott Hester, 314 894-1245
Other Municipal Projects:
Lovington Aquatic Facility, 2008 -- 5,500 sq ft. Lovington NM, C.T. Brannon Corp
Eunice Municipal Pool, Eunice NM. 2008 - 7,800 sq ft. C.T. Brannon Corp
Brownfield Aquatic Center, Brownfield Texas 2008--6,000 sq ft. Parkhill, Smith & Cooper
Dumas Municipal Swim Center, Dumas Texas. 2009 — 8,000 sq ft, C.T. Brannon Corp
Scurry County Towle Park Pool, Snyder Texas. 2009 C.T. Brannon Corp
University Park Curtis Park Sprayground. 2009 University Park Texas C.T. Brannon Corp
Fort worth Sycamore Park Sprayground, 2008 Fort Worth Texas. Kimley Horn/Councilman Hunsaker
Dallas Ferguson Park Sprayground, Dallas Texas, 2009 Kimley Horn/Councilman Hunsaker
Forney Sprayground, Forney Texas. 2009 Schrickel Rollins and Associates
Huntsville Aquatic Facility, Huntsville Texas. 2006 7,700 sq ft. Aquatic Design Group
Mesquite Vanston Pool, Mesquite Texas 2006 Kimley Horn/Councilman Hunsaker
10555 PLANO ROAD DALLAS, TEXAS 75238-1305
2-14 343.1133 1800 548.9115 FAX 214 343.1201
www.sunbeltpools.com robm@sunbeltpools.com
University of Texas — Austin, Texas
Complete pump room renovation of famous championship swim center. Separating racing and diving
pools into separate systems and adding UV systems. $800,000 project in 6 weeks. After project
started, leaks in underground piping required $250,000 additional work -- all completed in original time
schedule. Completed August 2009
General Contractor: Harvey -Cleary Builders. Eric Ryan eryan!7Harvey-Cleary.com
Engineer: Torn Green and Associates. Tom Green toms@tgc_e.com
Aquatic Consultant: Counsilman/Hunsaker. Carl Nylander 314 894.1245 CarlNylander2chh2o.com
Rice University — Houston, Texas
New 50 meter competition pool and student leisure pool. Delivery is as a design build team
General Contractor: Tellepsen Guy Cooke 281--272-4926 cooke@tellel2sen.com
Architect: F&S Architects, Kip Jameson, k'iameson@fsarchitects.com
Aquatic Consultant: Counsilman/Hunsaker. Scott Hester, 314 894--1245
Texas Tech University -- Lubbock, Texas
Outdoor competition, leisure, diving and lazy river pools. 19,000 square foot, $2.7M project, complete
in April 2009.
Architect: Stephen Springs at Brinkley Sargent Architects 972 960-9970 springs@brin_kleysargent.com
Aquatic Consultant: Counsilman/Hunsaker. Carl Nylander 314 894-1245 CarlNylander@chh2o.com
Southern Methodist University, Dedman Center — Dallas, Texas
University competitive pool and outdoor recreational pool with 5,600 square feet, 7.2 ft deep. $650,000
contract completed in September of 2005.
Judith Banes, Director of Recreational Sports 214 768-3368, ibanes@mail.smu.edu
General Contractor: Austin Commercial,, Chris Davis
Architect: Hahnfeld Hoffer Stanford
Aquatic Consultant: C.T. Brannon Corp. Terry Brannon 903 597-2122
Rockwall 1SD — Rockwall, Texas
New 50 meter pool with dual bulkheads, 25 yard warming pool and spa. $2.4M, August 2009
General Contractor: Pogue Construction. Clark Miller clark@pogueconstruction.com
Aquatic Consultant: Aquatic Excellence, Richard Scott
Tarrant County Community College District-- NE Campus — North Richland Hills, Texas
Renovation of College competitive and recreational pool including all equipment, structure and finishes.
Fast track, $960,000 project completed in September 2007
Owners Representative: David Hoelke (817) 515-6480 d_avid.hoelke@tccd.edu
Aquatic Consultant: C.T. Brannon Corp. Terry Brannon 903 597-2122
Texas State University --- San Marcos
Indoor competition and leisure pools built inside elevated structural concrete. Completed Nov 2008.
Architect: Marmon Mok Architecture
Aquatic Consultant: Counsilman/Hunsaker. Scott Hester, 314 894--1245
10555 PLANO ROAD DALLAS, TEXAS 75238-1305
214 343.1133 1800 548.9115 FAX 214 343.1201
www.sunbeltpools.com robm@sunbeltpools.com
Hendrix College Wellness Center, Conway, Arkansas
Competition pools with concrete rim flow gutters, 6,000 sq feet including 1 and 3 meter diving and 8
lane competition. $850,000 complete September. 2007
General Contractor: Nabholz Construction Tony Echols 501376-1581
Architect: Kirchner Architects, Larry Kirchner 501664-6981
Aquatic Engineer: Aquatic Design Group Randy Mendioroz 760.438.8400
Stephen F. Austin University Recreation Center
Student recreation center pool and spa with 7,300 square feet of surface area, diving well, lazy river and
therapeutic spa. $1,000,000 contract completed in September 2007
Construction Manager: J.E. Kingham Construction
Architect: F&S Architects, Kip Jameson, k'iameson@fsarchi,tects.com
Aquatic Consultant: Counsilman/Hunsaker. Scott Hester, 314 894-1245
Other Institutional - Educational proiects
Midwestern State, Wichita Falls, Texas. 2009
University of Texas at Arlington, Major renovation. Arlington, Texas. 2009
Fort Worth ISD. Equipment room renovation Fort Worth, Texas 2008
Grapevine Colleyville ISD, Equipment room renovation. Grapevine, TX 2008
INSTITUTIONAL NON EDUCATIONAL PROJECTS
Villa Sports —The Woodlands, TX
New high end fitness center with 16,500 square feet of surface area. Includes indoor and outdoor lap
and leisure pools, spas, slides and play features. $2.5M contract complete in May 2009
General Contractor: Colorado Structures Chris Downs 719 522-0500 CDown,s(Tcsig.com
Aquatic Consultant: Water Technology Bill Bornick (920) 887--7375 bbornick@watertechnologyinc.,corn
The Center for the Intrepid — San Antonio, Texas
Therapy pool and Flow Rider pool. Project funded by the Intrepid Fallen Hero's fund for wounded
servicemen at Brooks Army Hospital in San Antonio, Texas.
Construction Mgr: S ans a USA Mike Shaw 210 242-300O.Michael.Shaw@Skanskausa.com
Architect: SmithGroup, Washington, DC
Aquatic Consultant: Counsilman/Hunsaker. Scott Hester, 314 894-1245
City Club at River Ranch — Lafayette, Louisiana
Leisure and exercise pool with concrete and tile gutters. Project with very short time constraints that
finished 1 month early in April 2006. $850,000 contract.
Owner: City Club at River Ranch in Lafayette, LA: Elsa Lemoine 337 216-6568
Aquatic Consultant: Counsilman/Hunsaker. Matt Cappello, Bob Banker 314 894-1245
10555 PLANO ROAD DALLAS, TEXAS 75238-1305
214 343.11331800 548.9115 FAX 214 343.1201
www.sunbeltpools.com robm@sunbeltpools.com
Fellowship Church Youth Camp
Over 11,000 square feet of pools, lazy rivers and spraygrounds. $2M project completed May 2008
Construction Manager: BECK Ltd. Greg Powell, PM. 214 240-0864 greggowell@beckgroup.co_ m
Aquatic Consultant: C.T. Brannon Corp. Terry Brannon 903 597-2122
Amarillo Town Club -- Amarillo, Texas
Multi use family pool with 75' lap lanes, diving well and zero entry children's area. The project included
an 8,500 square foot pool for $750,000 and was completed in May 2005
Amarillo Town Club — Hillside —Amarillo, Texas
Construction of new 7,000 square foot recreational pool with spraygrou nd. This is the 41h project for
this owner at a new facility. Completed December 2007
Steve Halsey, General Manager. 806 468-0320 atcreh@arn.net
The Villages -- Silverleaf Resorts -- Flint, Texas
Indoor water park including lazy river, wave pool, large play structure and slide cluster. $1,500,000
project (plus sides and play feature) Completed November 2008
Aquatic Consultant: C.T. Brannon Corp. Terry Brannon 903 597-2122
Azure Tower
High end, high rise residential tower in Dallas, Texas with 4,500 square foot infinity edge reflection pool
and two 32"d floor penthouse pools. Complete winter 2007
Construction Manager: Balfour Beatty. PM Mike Jones mdiones@balfourbeatty_us.com
Aquatic Consultant: C.T. Brannon Corp. Terry Brannon 903 597-2122
Omni Hotel and Condominiums, Fort Worth, TX
High rise hotel and condo pools on the 5th and 16t" floor of new luxury tower. $1.5M project 2009
General Contractor Austin Commercial Chris Shackelford 817-204-0465 ChShackelford@Austin-l_nd.com
Aquatic Consultant: Counsilman/Hunsaker. Carol Anderson 314 894-1245
The House/Victory J
High Rise tower in Dallas, Texas Pool is 140 feet long with vanishing edge on all sides. Fall 2008
Construction Manager: Manhattan Construction Co.
Aquatic Consultant: C.T. Brannon Corp. Terry Brannon 903 597-2122
Other Institutional Proiects:
Children's Medical Center Fountain, Dallas Texas
Titus Regional Medical Center, Mt Pleasant Texas. C.T. Brannon Corp
NRH20 Third Phase. North Richland Hills Texas. Water Technology
Northpark YMCA Fort Worth Texas. C.T. Brannon Corp
Oaks of Louisiana. Shreveport LA
Ryan Family YMCA. Fort Worth., Texas 2005. C.T. Brannon Corp
Collin County Adventure Camp/ YMCA Sherman, Texas 2006 C.T. Brannon Corp
Four Seasons Resort, Irving, Texas. 2008 C.T. Brannon Corp
Saint Simeon Assisted Living. Tulsa, Oklahoma. 2009 Counsilman Hunsaker and Associates
10555 PLANO ROAD DALLAS, TEXAS 75238-1305
214 343.1133 1800 548.9115 FAX 214 343.1201
www.sunbeltpools.com robm@sunbeltpools.com
General Contractor References
Austin Commercial
g i - .
Chris Davis Project Manager 214 987-4352 cdavis�Aust�n-Ind com,
Chris Shackelford 817-204--0465 ChShackelford@Austin-Ind.com
SMU Dedman Center Pool and Fountain, Acme Brick Fountain, Omni Hotel and Condominiums
BECK
Sunbelt Pools was awarded BECK subcontractor of the year award for 2008
Greg Powell, Project Manager 903.769.0704 pregpowell@beckgroup.com
Brian Wiggins, Project Engineer 817--235-5321 brianwiggins@beckgrou.p,com
Fellowship Church Camp
Frank Dale Construction, Ltd.
Frank Dale, Principal 817 329-6100 fdale@fdc-ltd.com
Josh Houser, Project Manager 817 329-6100 'houser fdc-ltd.com
Arlington Bad-Konigshophen - Stovall Park, Bally Fitness, Carrollton
J. C. Commercial, Inc.
Larry Wagner 972-436-4622 larrv@iccommercialinc.com
McKinney Senior Center, old Settler's Park, City of Lewisville (Sun Valley and College Street), Dallas
Bachman Therapeutic Center
Pogue Construction
Clark Miller 972-529-9401 clarl(@pogueconstruction.com
Mesquite Vanston Pool, Rockwall ISD
Manhattan Construction Company
Nick Abay, Project Engineer 214 357-7400 naba,y@manhattanco,nstructi,on.com
The House/Victory J ---.
5kanska USA
Mike Shaw, Project Manager 210 242-3000 Michael.Shaw@Skanskausa.com
Center for the Intrepid
Additional General Contractors:
Hunt Construction
Steele and Freeman
AUl General Contractors
Workman Commercial
Tellepsen
Flintco
Western Builders of Amarillo
10555 PLANO ROAD DALLAS, TEXAS 75238-1305
214 343.1133 1800 548.9115 FAX 214 343.1201
www.sunbeltpvols.com robm@sunbeltpools.com
Architect and Engineer References
Counsilman/Hunsaker & Associates, Inc.
Scott Hester, PE 314 894-1245 ScottHester chah2o.com
Carol Anderson, AIA 314 416-2096 CarolAnderson@chah2o.com
Matt Cappello, PE 314 416--2083 mattcappello@chah2o.com
Bob Banker 314416-2090 bobbanker@chh2o.com
Lewisville Sun Valley Water Park, Lewisville College Street Park, City of Dallas Thurgood Marshall
Waterpark (Bahama Beach), Arlington Bad Konigshofen Water Park, Mesquite Vanston Park, City Club at
River Ranch in Lafayette, LA, Plano Tom Muehlenbeck Center, Center for the Intrepid, Omni, St.
Simeon's, Texas State San Marcos, Midwestern State, Texas Tech University, Rice University, University
of Texas at Austin
Kimley-Horn and Associates, Inc
Mark Hatchel 214 420-5600 mark.hatchel@l(imley-horn.com
McKinney old Settler's Park, Lewisville Sun Valley Water Park, Lewisville College Street Park, City of
Dallas Thurgood Marshall Waterpark (Bahama Beach), Mesquite Vanston Park, NRH2O Matt Racer,
Killeen Lion's Club Park
Brinkley Sargent Architects
Stephen Springs, AIA 972 960-9970 ss rings@brinkleysargent.com
Arlington Bad Konigshofen Pool, Collin County Youth Camp, Plano Tom Muehlenbeck Center,
Midwestern State University, Texas Tech University
Brannon Corporation, Aquatic Designers and Engineers
Terry Brannon, PE 903 597-2122 tbrannon@brannoncorp.com
Bryan Ziegler, PE 903 597-2122,ziegler brannoncorp:com
McKinney Senior Center, Tyler Tennis and Swim, McKinney old Settler's Pool, Plano Williams
Natatorium; Bryan Henderson Park, SMU Dedman Center, Amarillo Town Club, Andrews ISD, Frisco
Lakes, Silverleaf Resorts, Azure Towers, House -Victory J, Fellowship Camp, City of Lovington, City of
Eunice, Scurry County, Four Seasons Resort, Northpark YMCA, Scurry County, City of Dumas
Water Technology, Inc
Bill Bornick (920) 887--7375„bbornick@watertechnologyinc.com
Haley Panton (817) 329-5045. hpanton@watertechnologyinc.com
NRH20 third phase, Villa Sports — The Woodlands, City of Shawnee OK
Aquatic Design Group
Randy Mendioroz 760.438-8400 randy@aquaticdesigngroup._com
Joe Bailey 760 438--8400 'baffle a uaticdesigngroup.com
Grand Prairie Bowles Pool Reno, Huntsville Aquatic Facility, Hendrix College Wellness Center
The Projects Group + PARSONS Architects and Project Managers
Robert Adams 817.255.2735 Robert.Adams arsons.com
Tarrant County Community College District, NE Campus
10555 PLANO ROAD DALLAS, TEXAS 75238-1305
214 343.1133 1800 548.9115 FAX 214 343.1201
www.sunbeltpgols.com robm@sunbeltpools.com
Q0
CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDDIYYYY)
1/19/ 2010
PRODUCER (6 0 2) 6 3 5 - 4 84 8 Fax: (4 8 0) 9 91-- 0 6 3 4
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
AIMS Insurance Program Managers, Inc.
15230 North 75th Street #1002
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
I
s
NA1C #
Scottsdale AZ 85260
INSURED
INSURER A: Arch Insurance Company
INSURER B: Conmer ce & Industry Insurance
Sunbelt Pools, Inc .
10555 Plano Road r
'
INSURER C:
f
INSURER ❑:
Pallas TX 7 5 2 3 8 -13 0 5
1 INSURER E:
COVERAGES
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 OFSUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
L
DD'
NS D
TYPE F NSU E
POLICY NUMBER
POLICY EFFECTIVE
DATE MM1DD
POLICY EXPIRATION
DATE MM/DD
LIMITS
GENERAL LIABILI
EACH OCCURRENCE
$ 1100010001
A
X COMMERCIAL. GENERAL LIABILITY
CLAIMS MADE 1XI OCCU
AGLB9094200
9/27/2009
9/27/2010
DAMAGE EM PREMISES (Ea occu RENTED
TO
)
100,000
MED EXP (Anyone person)
$ 5, 000
PERSONAL & ADV INJURY
$ 11000,000
GENERAL AGGREGATE
$ 2,000f0001
PRODUCTS - COMPIOP AGG
$ 2 , O 0 0 , 0 0 0
GEN'L AGGREGATE LIMIT APPLIES PER:
JECT FX POLIGY71 PRO- LOC
AUTOMOBILE
X
LIABILI
ANY AUTO
COMBINED SINGLE LIMIT
(Ea ccident)
$ 11000,000
BODILY INJURY
(Per person)
$
A
ALL OWNED AUTOS
SCHEDULED AUTOS
ACAT9 0 84 9 0 0
9/27/2009
9/ 2 7/ 2 010 0000
BODILY INJURY
(Per accident)
$
X
X
HIRED AUTOS
NON -OWNED AUTOS
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
ANY AUTO
$
AUTO ONLY: AGG
EXCESS 1 UMBRELLA LIABILITY
EACH OCCURRENCE
$ 2,000,000
41 OCCUR CLAIMS MADE
AGGREGATE
$ 21000,000
$
$
B
DEDUCTIBLE
B038413508
9/27/2009
9/27/2010
$
X RETENTION $ 0, 0 0 0
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y 1 N
ANY PROPRIETORIPARTNERIEXECUTIVE [:]
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH)
ZAWC19163800
9/27/2009
WOO
9/27/2010
X TORWCL MITE ER
feL. EACH ACCIDENT
$ 1, 0 0 0 , 0 0 0
E.L. DISEASE - EA EMPLOYE
$ 11000, 000
If yes, describe under
SPECIAL PROVISIONS below
E.L. DISEASE -POLICY LIMIT Is
1,000,000
OTHER
DESCRIPTION OF OPERATIONSI LOCATIONS 1 VEHICLESI EXC LUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
*Except for ten (10) days cancellation for non -pay. All policy forms apply. This certificate is only a
representation and may or may not comply with any written contract. Holder (owner) is afforded additional insured
status only per attached CG 2010 (07/04) and CA 0001_ �_3_/06) with respects to creneral li Ili y and au omob
li 'ty, respectively, for tha.s insured.Workers compensation subrogation is waived only per attached WC 42 03 04 A
for this insureds General liability for this • insured is rima to, rather than contributing with, other general
CERTIFICATE HOLDER CANCELLATION
City of Denton
901-B Texas Street
Denton, TX 76209
SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 3 0 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO ❑O SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE ---- .
Peter Godfrey/JB,.
ACORD 25 (2009101) @ 1988-2009 ACORD CORPORATION. All rights reserved.
INS025 (200901) The ACORD name and logo are registered marks of ACORD
M__
s
'W�
P
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsements).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement, A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsements).
DISCLAIMER
This Certificate of Insurance does not constitute a contract between the issuing insurers), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2009/01)
1NS025 (200901)
COMM ENTSIREMARKS
liability available to the additional insureds only per attached CG 0001 (12/07). General
liability contractual liability applies only per attached CG 0001 {12/07}.
i OF'REMARK COPYRIGHT 2000. AMS SERVICES INC, j
19
Mobile Equip- Only those "autos" that are land vehicles and that would qualify under the definition
ment Subject To of "mobile equipment" under- this policy if they were not subject to a compulsory or
Compulsory Or financial responsibility law or other motor vehicle insurance law where they are li-
Financial Re- tensed or principally garaged.
sponsibility Or
Other Motor Ve-
hicle Insurance
Law Only
B. Owned Autos You Acquire After The Policy Begins
1. If Symbols 1, 2, 31 41 51 6 or 19 are entered next
to a coverage in Item Two of the Declarations,
then you have coverage for "autos" that you
acquire of the type described for the remainder
of the policy period.
2. But, if Symbol 7 is entered next to a coverage
in Item Two of the Declarations, an "auto" you
acquire will be a covered "auto" for that cover-
age only if:
a. We already cover all "autos" that you own
for that coverage or it replaces an "auto"
you previously owned that had that cover-
age; and
b. You tell us within 30 days after you acquire
it that you want us to cover it for that cov-
erage.
C. Certain Trailers, Mobile Equipment And Temporary
Substitute Autos
If Liability Coverage is provided by this Coverage
Form, the following types of vehicles are also cov-
ered "autos" for Liability Coverage:
1. 'Trailers" with a load capacity of 2,000 pounds
or less designed primarily for travel on public
roads.
9.. "Mobile equipment" while being carried or
towed by a covered "auto".
3. Any "auto" you do not own while used with the
permission of its owner as a temporary substi-
tute for a covered "auto" you own that is out of
service because of its:
a. Breakdown;
b. Repair;
c. Servicing;
d. "Loss'; or
e. Destruction.
Page 2 of 12
SECTION 11 —LIABILITY COVERAGE
A. Coverage
We will pay all sums an "insured" legally must pay
as damages because of "bodily injury" or "property
damage" to which this insurance applies, caused
by an "accident" and resulting from the ownership,
maintenance or use of a covered "auto".
We will also pay all sums an "insured" legally must
pay as a "covered pollution cost or expense" to
which this insurance applies, caused by an "acci-
dent" and resulting from the ownership, mainte-
nance or use of covered "autos". However, we will
only pay for the "covered pollution cost or ex-
pense" if there is either "bodily injury" or "property
damage" to which this insurance applies that is
caused by the same "accident".
We have the right and duty to defend any "insured"
against a "suit" asking for such damages or a "cov-
ered .pollution cost or expense". However, we have
no duty to defend any "insured" against a "suit"
seeking damages for "bodily injury" or "property
damage" or a "covered pollution cost or expense"
to which this insurance does not apply. We may
investigate and settle any claim or "suit" as we
consider appropriate. Our duty to defend or settle
ends when the Liability Coverage Limit of Insur-
ance has been exhausted by payment of judg-
ments or settlements.
1. Who Is An Insured
The following are "insureds":
a. You for any covered "auto".
b. Anyone else while using with your permis-
sion a covered "auto" you own, hire or bor-
row except:
(1) The owner or anyone else from whom
you hire or borrow a covered "auto".
This exception does not apply if the
covered "auto" is a "trailer" connected to
a covered "auto" you own.
0 ISO Properties, Inc., 2005
CA 00 01 03 46 ❑
INSURED COPY
(2) Your "employee" if the covered "auto" is
owned by that "employee" or a member
of his or her household.
(3) Someone using a covered "auto" while
he or she is working in a business of
selling, servicing, repairing, parking or
storing "autos" unless that business is
yours.
(4) Anyone other than your "employees",
partners (if you are a partnership) ,
members (if you are a limited liability
company), or a lessee or borrower or
any of their "employees", while moving
property to or from a covered "auto".
(5) A partner (if you are a partnership), or a
member (if you are a limited liability
company) for a covered "auto" owned by
him or her or a member of his or her
household.
c. Anyone liable for the conduct of an "in-
sured" described above but only to the ex-
tent of that liability.
2. Coverage Extensions
a. Supplementary Payments
We will pay for the "insured":
(1) All expenses we incur.
(2) Up to $2,000 for cost of bail bonds (in-
cluding bonds for related traffic law vio-
lations) required because of an "acci-
dent" we cover. We do not have to fur-
nish these bonds.
(3) The cost of bonds to release attach-
ments in any "suit" against the "insured"
we defend, but only for bond amounts
within our Limit of Insurance.
(4) All reasonable expenses incurred by the
"insured" at our request, including actual
loss of earnings up to $250 a day be-
cause of time off from work.
(5) All costs taxed against the "insured" in
any "suit" against the "insured" we de-
fend.
(6) All interest on the full amount of any
judgment that accrues after entry of the
judgment in any "suit" against the "in-
sured" we defend, but our duty to pay
interest ends when we have paid, of-
fered to pay or deposited in court the
part of the judgment that is within our
Limit of Insurance.
These payments will not reduce the Limit of
Insurance.
CA 00 01 03 06
b. out -of -State Coverage Extensions
While a covered "auto" is away from the
state where it is licensed we will:
(1) Increase the Limit of Insurance for Liabil-
_ ity Coverage to meet the limits specified
by a compulsory or financial responsibil-
ity law of the jurisdiction where the cov-
ered "auto" is being used. This extension
does not apply to the limit or limits speci-
fied by any law governing motor carriers
of passengers or property.
(2) Provide the minimum amounts and types
of other coverages, such as no-fault, re-
quired of out-of-state vehicles by the ju-
risdiction where the covered "auto" is be-
ing used.
We will not pay anyone more than once for
the same elements of loss because of these
extensions.
B. Exclusions
This insurance does not apply to any of the follow-
ing:
1. Expected Or Intended Injury
"Bodily injury" or "property damage" expected
or intended from the standpoint of the "in-
sured".
2. Contractual
Liability assumed under any contract or agree-
ment.
But this exclusion does not apply to liability for
damages:
a. Assumed in a contract or agreement that is
an "insured contract" provided the "bodily
injury" or "property damage" occurs subse-
quent to the execution of the contract or
agreement; or
b. That the "insured" would have in the ab-
sence of the contract or agreement.
3. Workers' Compensation
Any obligation for which the "insured" or the
"insured's" insurer may be held liable under any
workers' compensation, disability benefits or
unemployment compensation law or any similar
law.
4. Employee Indemnification And Employer's
Liability
"Bodily injury" to:
a. An "employee" of the "insured" arising out of
and in the course of:
(1) Employment by the "insured"; or
0 ISO Properties, Inc., 2005
Page 3 of 12 ❑
INSURED COPY
POLICY NUMBER: ZAGLB9094200 COMMERCIAL
GENERAL LIABILITY
CG 2010 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -- OWNERS, LESSEES OR
CONTRACTORS -- SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Or anization s : Locations Of Cornered Operations
As required by written contract
Information required to complete this Schedule, if not shown above, will be shown in the
Declarations.
A. Section 11-- Who Is An Insured is amended to include as an additional insured the person(s) or
organizations) shown in the Schedule, but only with respect to liability for "bodily injury",
"property damage" or "personal and advertising injury" caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf;
in the performance of your ongoing operations for the additional insured(s) at the location(s)
designated above.
B. With respect to the insurance afforded to these additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or "property damage" occurring after:
1. All work, including materials, parts or equipment furnished in connection with such work, on
the project (other than service, maintenance or repairs) to be performed by or on behalf of the
additional insured(s) at the location of the covered operations has been completed; or
2. That portion of "your work" out of which the injury or damage arises has been put to its
intended use by any person or organization other than another contractor or subcontractor
engaged in performing operations for a principal as a part of the same project.
CG 2010 07 04
@ ISO Properties, Inc., 2004
e. Damages because of "bodily injury" include
damages claimed by any person or organiza-
tion for care, loss of services or death resulting
at any time from the "bodily injury".
2. Exclusions
This insurance does not apply to:
a. Expected Or Intended Injury
"Bodily injury" or "property damage" expected
or intended from the standpoint of the insured.
This exclusion does not apply to "bodily injury"
resulting from the use of reasonable force to
protect persons or property.
b. Contractual Liability
"Bodily injury" or "property damage" for which
the insured is obligated to pay damages by rea-
son of the assumption of liability in a contract
or agreement. This exclusion does not apply to
liability for damages:
(1) That the insured would have in the absence
of the contract or agreement; or
(2) Assumed in a contract or agreement that is
an "insured contract", provided the "bodily
I
njury" or "property damage" occurs subse-
quent to the execution of the contract or
agreement. Solely for the purposes of liabil-
ity assumed in an "insured contract", rea-
sonable attorney fees and necessary litiga-
tion expenses incurred by or for a party
other than an insured are deemed to be
damages because of "bodily injury" or
"property damage", provided:
(a) Liability to such party for, or for the cost
of, that party's defense has also been
assumed in the same "insured contract",
and
(b) Such attorney fees and litigation ex-
penses are for defense of that party
against a civil or alternative dispute reso-
lution proceeding in which damages to
which this insurance applies are alleged.
c. Liquor Liability
"Bodily injury" or "property damage" for which
any insured may be held liable by reason of:
(1) Causing or contributing to the intoxication
of any person;
(2) The furnishing of alcoholic beverages to a
person under the legal drinking age or un-
der the influence of alcohol; or
(3) Any statute, ordinance or regulation relating
to the sale, gift, distribution or use of alco-
holic beverages.
This exclusion applies only if you are in the
business of manufacturing, distributing, selling,
serving or furnishing alcoholic beverages.
d. Workers' Compensation And Similar Laws
Any obligation of the insured under a workers'
compensation, disability benefits or unemploy-
ment compensation law or any similar law.
e. Employer's Liability
"Bodily injury" to:
(1) An "employee" of the insured arising out of
and in the course of:
(a) Employment by the insured; or
(b) Performing duties related to the conduct
of the insured's business; or
(2) The spouse, child, parent, brother or sister
of that "employee" as a consequence of
Paragraph (1 ) above.
This exclusion applies whether the insured may
be liable as an employer or in any other capac-
ity and to any obligation to share damages with
or repay someone else who must pay damages
because of the injury.
This exclusion does not apply to liability as-
sumed by the insured under an "insured con-
tract".
Page 2 of 16 0 ISO Properties, Inc., 2006 CG 00 01 12 07 ❑
COMPANY COPY
(3) The nature and location of any injury or
damage arising out of the "occurrence" or
offense.
b. If a claim is made or "suit" is brought against
any insured, you must:
(1) Immediately record the specifics of the claim
or "suit" and the date received; and
(2) Notify us as soon as practicable.
You must see to it that we receive written no-
tice of the claim or "suit" as soon as practicable.
c. You and any other involved insured must:
(1) Immediately send us copies of any de-
mands, notices, summonses or legal papers
received in connection with the claim or
"suit",
(2) Authorize us to obtain records and other
information;
(3) Cooperate with us in the investigation or
settlement of the claim or defense against
the "suit"; and
(4) Assist us, upon our request, in the en-
forcement of any right against any person
or organization which may be liable to the
insured because of injury or damage to
which this insurance may also apply.
d. No insured will, except at that insured's own
cost, voluntarily make a payment, assume any
obligation, or incur any expense, other than for
first aid, without our consent.
3. Legal Action Against Us
No person or organization has a right under this
Coverage Part:
a. To join us as a party or otherwise bring us into
a "suit" asking for damages from an insured; or
b. To sue us on this Coverage Part unless all of
its terms have been fully complied with.
A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this Coverage Part or that are in excess of the ap-
plicable limit of insurance. An agreed settlement
means a settlement and release of liability signed
by us, the insured and the claimant or the claim-
ant's legal representative.
CG 00 0112 07
4. other insurance
If other valid and collectible insurance is available
to the insured for a loss we cover under Cover-
ages A or B of this Coverage Part, our obligations
are limited as follows:
a. Primary insurance
This insurance is primary except when Para-
graph b. below applies. If this insurance is pri-
mary, our obligations are not affected unless
any of the other insurance is also primary.
Then, we will share with all that other insurance
by the method described in Paragraph c. be-
low.
b. Excess Insurance
(1) This insurance is excess over:
(a) Any of the other insurance, whether
11
primary, excess, contingent or on any
other basis:
(1) That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for 'your work";
(ii) That is Fire insurance for premises
rented to you or temporarily occu-
pied by you with permission of the
owner;
(iii) That is insurance purchased by you
to cover your liability as a tenant for
"property damage" to premises
rented to you or temporarily occu-
pied by you with permission of the
owner; or
(iv) If the loss arises out of the mainte-
nance or use of aircraft, "autos" or
watercraft to the extent not subject to
Exclusion g. of Section I — Coverage
A — Bodily Injury And Property Dam-
age Liability.
(b) Any other primary insurance available to
you covering liability for damages arising
out of the premises or operations, or the
products and completed operations, for
which you have been added as an addi-
tional insured by attachment of an en-
d orsement.
(2) When this insurance is excess, we will have
no duty under Coverages A or B to defend
the insured against any "suit" if any other
insurer has a duty to defend the insured
against that "suit". If no other insurer de-
fends, we will undertake to do so, but we
will be entitled to the insured's rights
against all those other insurers.
0 ISO Properties, Inc., 2006
Page 11 of 16 ❑
INSURED COPY
(3) When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the
sum of:
(a) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(b) The total of all deductible and self -
insured amounts under all that other in-
surance.
(4) We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was
not bought specifically to apply in excess of
the Limits of Insurance shown in the Decla-
rations of this Coverage Part.
c. Method Of Sharing
If all of the other insurance permits contribution
by equal shares, we will follow this method
also. Under this approach each insurer con-
tributes equal amounts until it has paid its ap-
plicable limit of insurance or none of the loss
remains, whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will contribute
by limits. Under this method, each insurer's
share is based on the ratio of its applicable limit
of insurance to the total applicable limits of in-
surance of all insurers.
5. Premium Audit
a. We will compute all premiums for this Coverage
Part in accordance with our rules and rates.
b. Premium shown in this Coverage Part as ad-
vance premium is a deposit premium only. At
the close of each audit period we will compute
the earned premium for that period and send
notice to the first Named Insured. The due date
for audit and retrospective premiums is the
date shown as the due date on the bill. If the
sum of the advance and audit premiums paid
for the policy period is greater than the earned
premium, we will return the excess to the first
Named Insured.
c. The first Named Insured must keep records of
the information we need for premium computa-
tion, and send us copies at such times as we
may request.
6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are accurate
and complete;
b. Those statements are based upon representa-
tions you made to us; and
Page 12 of 16
c. We have issued this policy in reliance upon
your representations.
7. Separation Of Insureds
Except with respect to the Limits of Insurance, and
any rights or duties specifically assigned in this
Coverage Part to the first Named Insured, this in-
surance applies:
a. As if each Named Insured were the only Named
Insured; and
b. Separately to each insured against whom claim
is made or "suit" is brought.
8. Transfer Of Rights Of Recovery Against others To
Us
If the insured has rights to recover all or part of
any payment we have made under this Coverage
Part, those rights are transferred to us. The in-
sured must do nothing after loss to impair them. At
our request, the insured will bring "suit" or transfer
those rights to us and help us enforce them.
9. When We Do Not Renew
If we decide not to renew this Coverage Part, we
will mail or deliver to the first Named Insured
shown in the Declarations written notice of the
nonrenewal not less than 30 days before the expi-
ration date.
If notice is mailed, proof of mailing will be sufficient
proof of notice.
SECTION V -DEFINITIONS
1. "Advertisement" means a notice that is broadcast
or published to the general public or specific mar-
ket segments about your goods, products or ser-
vices for the purpose of attracting customers or
supporters. For the purposes of this definition:
a. Notices that are published include material
placed on the Internet or on similar electronic
means of communication; and
b. Regarding web -sites, only that part of a web -
site that is about your goods, products or ser-
vices for the purposes of attracting customers
or supporters is considered an advertisement.
2. "Auto" means:
a. A land motor vehicle, trailer or semitrailer de-
signed for travel on public roads, including any
attached machinery or equipment; or
b. Any other land vehicle that is subject to a com-
pulsory or financial responsibility law or other
motor vehicle insurance law in the state where
it is licensed or principally garaged.
However, "auto" does not include "mobile equip-
ment".
0 ISO Properties, Inc., 2006
CG 00 0112 07 ❑
INSURED COPY
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 A
Policy number: ZAWC19163800
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TEXAS WAIVER. OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
This endorsement applies only to the insurance provided by the policy because Texas is
shown in Item 3.A. of the Information Page.
We have the right to recover our payments from anyone liable for an injury covered by
this policy. we will not enforce our right against the person or organization named in
the Schedule, but this waiver applies only with respect to bodily injury arising out of
the operations described in the Schedule where you are required by a written contract to
obtain this waiver from us.
This endorsement shall not operate directly or indirectly to benefit anyone not named in
the Schedule.
The premium for this endorsement is shown in the Schedule.
Schedule
1 . } Specific waiver
Name of person or organization
W Blanket waiver
Any person or organization for whom the Named Insured has agreed by written contract to
furnish this waiver.
As required by written contract.
2. operations:
3. Premium:
The premium charge for this endorsement shall be 2 percent of the premium developed on
payroll in connection with work performed for the above person(s) or organization(s)
arising out of the operations described.
4. Advance Premium:
This endorsement changes the policy to which it is attached and is effective on the date
issued unless otherwise stated. (The information below is required only when this
endorsement is issued subsequent to preparation of the policy.)
Endorsement effective: 09/27/2009 Policy number: ZAWCI9163800
Insured: Sunbelt Pools, Inc. Insurance company: Arch Insurance Company