HomeMy WebLinkAbout2006-192ORDINANCE NO. ,Z006 - 42
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR IMPROVEMENTS TO THE CITY OF DENTON CIVIC CENTER POOL;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (BID 3519-CIVIC CENTER POOL IMPROVEMENTS AWARDED TO
ROBERTSON COMMERCIAL POOLS, INC. IN THE AMOUNT OF $89,507 FOR CONTRACT
IA AND SUNBELT POOLS, INC. IN THE AMOUNT OF $97,544 FOR CONTRACT 1 C FOR A
TOTAL AWARD OF $187,051).
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:
BID
NUMBER ITEM
3519 IA
3519 IC
CONTRACTOR
Robertson Commercial Pools, Inc.
Sunbelt Pools, Inc.
AMOUNT
$89,507
$97,544
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.
PASSED AND APPROVED this the � day of 12006.
M MArMORIMM�.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: `N ",a �
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER�ITY ATTORNEY
BY:
3-ORD-Bid 3519
CONTRACT AGREEMENT
STATE OF TEXAS
§ COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 18th day of July A.D., 2006, by and
between City of Denton of the County of Denton and State of Texas, acting through
Howard Martin thereunto duly authorized so to do, hereinafter termed "OWNER," and
Robertson Commercial Pools, Inc.
569 S. Coppell Road
Coppell TX 75019
of the City of Denton, County of Denton and State of Texas hereinafter termed
"CONTRACTOR."
WITNESSETH: That for and in consideration of the payments and agreements hereinafter
mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds
attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete
performance of the work specified below:
Bid 3519 — Civic Center Pool Renovation Contract I
in the amount of $89, 507.00 and all extra work in connection therewith, under the terms as stated in
the General Conditions of the agreement; and at his (or their) own proper cost and expense to
furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and
other accessories and services necessary to complete the work specified above, in accordance with
the conditions and prices stated in the Proposal 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:
City of Denton Parks Department Staff
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 sick
leave benefits, worker's compensation, or any other City employee benefit. City shall not have
supervision and control of Contractor or any employee of Contractor, and it is expressly understood
that Contractor shall perform the services hereunder according to the attached specifications at the
general direction of the City Manager of the City of Denton, Texas, or his designee under this
agreement.
Indemnification
Contractor 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.
CA-2
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the
year and day first above written.
ATTEST:
APPAS FORM:
CITY ATTORNEY
CA-3
City of Denton
EERBY::*9-
`'
(SEAL)
4'-ohP✓7"5a✓i �n w�.rru� � Oal S
CONTRACTOR
4-�Te
MAILING ADDRESS
GtZ2 3q3 2i5z .
PHONE NUMBER
cI ZZ 3q3 6;,7 q q 000�`
FAX NUMBER
BY:
ITLE
nn --
l�'�/�
PRINTED NAME
(SEAL)
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF DENTON
Bond # 809458
KNOW ALL MEN BY THESE PRESENTS: That Robertson Commercial Pools. Inc.
whose address is 569 S. C ell Road. Coppell, TX 75019—hereinafter called Principal, and
Insurors Indemnity Company , a corporation organized and existing under the laws
of the State of l asa9, and fully authorized to transact business in the State of Texas, as Surety, are
held and firmly bound unto the City of Denton, a municipal corporation organized and existing
under the laws of the State of Texas, hereinafter called Owner, in the penal sum of Eighty Nine
DOLLARS dj07.00 plus ten percent of the stated penal sum as an additional sum of money
representing additional court expenses, attorneys' fees, and liquidated damages arising out of or
connected with the below identified Contract, in lawful money of the United States, to be paid in
Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind
ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly
by these presents. This Bond shall automatically be increased by the amount of any Change Order
or Supplemental Agreement, which increases the Contract price, but in no event shall a Change
Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this
Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 2006- 192, with the City of
Denton, the Owner, dated the 18th day of July A.D. 00 , a copy o which is
hereto attached and made a part hereof, for Bid 3519 Civic Center Pool Renovation
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all
of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance
with the Plans, Specifications and Contract Documents during the original term thereof and any
extension thereof which may be granted by the Owner, with or without notice to the Surety, and
during the life of any guaranty or warranty required under this Contract, and shall also well and
truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any
and all duly authorized modifications of said Contract that may hereafter be made, notice of which
modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all
defects due to faulty materials and workmanship that appear within a period of one (1) year from
the date of final completion and final acceptance of the Work by the Owner; and, if the Principal
shall fully indemnify and save harmless the Owner from all costs and damages which Owner may
suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay
and expense which the Owner may incur in making good any default or deficiency, then this
obligation shall be void; otherwise, it shall remain in full force and effect.
PB - I
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue
shall lie in Denton County, State of Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the
Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the
same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to
be performed thereunder, or to the Plans, Specifications, Drawings, etc.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, as amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on whom
service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-
1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in 4 co ies, each one of which shall
be deemed an original, this the 15th day of August , 2006
ATTEST: ZPRINCIPAL
BY
Q Robertson Commercial Pools Inc.
SECf&TARY BY:
PRESIDENT
ATTEST:
SURETY
Insurors Indemnitv Com an
ILBY: ;
ATTORNE -1N-FACT —
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the
process is:
NAME: Brent Tomlison
STREET ADDRESS: 2220 San Jacinto #250: Denton TX 76205
(NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a
persorfs name.)
PAYMENT BOND
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That Robertson Commercial Pools. Inc.,✓
whose address is 569 S. CAM11 Road Copmll. TX 75019 hereinafter called Principal, and
Insurors Indemnity Company , a corporation organized and existing under the laws of the
State of Texas and fidly authorized to transact business in the State of Texas, as
Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and
existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms,
and corporations who may furnish materials for, or perform labor upon, the building or
improvqifents hereinafter refenre to, in the penal stun of Eighty Nine Thousand Five Hundred
LLARS($89,507.00awful money of the United States, to be paid in Denton, County,
Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our
heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these
presents. This Bond shall automatically be increased by the amount of any Change Order or
Supplemental Agreement which increases the Contract price, but in no event shall a Change Order
or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 2006-,_W, with the City of
Denton, the Owner, dated the 18th day of July A.D. 2006 a copy which is hereto
attached and made a part hereof, for Bid 3519 Civic Center Pool Renovation r/
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and
make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying
labor and/or material in the prosecution of the Work provided for in said Contract and any and all
duly authorized modifications of said Contract that may hereafter be made, notice of which
modifications to the Surety being hereby expressly waived, then this obligation shall be void;
otherwise it shall remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall
he in Denton County, Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and
agrees that no change, extension of tune, altcration or addition to the tcrms of the Contract, or to the
Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the
same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to
be performed thereunder, or to the Plans, Specifications, Drawings, etc.
PB-3
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, as amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on whom
service of process may be had in matters arising out of such surety, as provided by Article 7.19-1 of
the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall
be deemed an original this the t 5th day of August 2006 .
i
ATTEST:
� 1' i�{� •
11
PRINCIPAL
Robertson C nmercial Dols, I
BY:
PRE ENT
Insurors Indemnity Company
BY:
ATTORNEY -IN -FACT
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the
processis:
NAME: Brent Tomlinson
STREET ADDRESS: 2220 SAn Jacinto #250: Denton. TX 76205
(NOTE: .Date of Payment Bond must be date of Contract. ]f Resident Agent is not a corporation,
give a person's name.)
M-M,
4VA
as Surety, and as its
. _...._.._.....
sea]
in Fact shall
C ropany.
tary�of Ins it
am of Uirec
Diry which is
by
us
of said
s 'I
b 'p
O
by
of sort,bMteer and the seat of
illation set forth thercin; any
party and.any such power so
or undertakine to which it is
if Minim by an FAecotive Officer and sealed that iiitk'led to
is in full
a
Poelmnrorsmpanyy
P.O. Box 2683 •3701 W. Waco Drive - Waco, Tx 76702-2683
Internet info@ insurors.com • 800-933-7444 • Fax 254-755-6399
IMPORTANT NOTICE - "ISO IMPORTANTE
To obtain information or make a complaint:
You may call Insurors Indemnity Company's toll -free
telephone number for information or to make a complaint
at:
1-800-933-7444
You may also write to Insurers Indemnity Company at:
P.O. Box 2683
Waco, TX 76702-2683
Or
3701 W. Waco Drive
Waco, TX 76710
You may contact the Texas Department of Insurance to
obtain information on companies, coverages, rights or
complaints at
1-800-252-3439
You may write the Texas Department of Insurance at:
or fax at:
P.O. Box t49104
Austin, TX 78714-9104
1-512-475-1771
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium or
about a claim, you should contact the agent or the
company first. If the dispute is not resolved, you may
contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is given to comply with Section 2253.021,
Government Code, and Section 53.202, Property Code,
effective September 1, 2001.
iic/forms/notice
Para obtener information o pam someter um queja:
Usted puede Ilamar al numero de telefono gratis de
Insurors Indemnity Company's para information o para
sometcr una queja at
1-800-933-7444
Usted tanbien puede escribir a Insurors Indemnity
Company:
P.O. Box 2683
Waco, TX 76702-2683
O
3701 W. Waco Drive
Waco, TX 76710
Puede comunicarse con el Departamento de Seguros de
Texas para obtener information accrca de companias,
coberturas, derechos o quejas al
1-800-252-3439
Puede escribir al Departamento de Seguros de Texas:
or fax at:
P.O. Box 149104
Austin, TX 78714-9104
1-512-475-1771
DISPUTAS SOBRE PRIMAS O RECLAMOS:
Si tiene una disputa concemiente a su prima o a on
reclamo, debe comunicarse con el agente o Is comparia
primero. Si no se resuelve Is disputa, puede entonces
comunicarse con el departamento (TDI).
UNA ESTE AVISO A SU POLIZA:
Este aviso esta dado para acatar con Section 2253.021
Government Code y Section 53.202, Property Code
efectivo, Septiembre 1, 2001.
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 (luny
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 bid opening, since the insurance requirements may not be modified or waived after
bid opening unless a written exception has been submitted with the bid Contractor shall not
commence any work or deliver any material until he or she receives notification that the contract
has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply with
the following general specifications, and shall be maintained in compliance with these general
specifications throughout the duration of the Contract, or longer, if so noted:
Each policy shall be issued by a company authorized to do business in the State of
Texas with an A.M. Best Company rating of at least A.
Any deductibles or self -insured retentions shall be declared in the bid proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self -insured retentions with respect to the City, its officials, agents, employees and
volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
• Liability policies shall be endorsed to provide the following:
•• Name as additional insured the City of Denton, its Officials, Agents, Employees
and volunteers.
•• That such insurance is primary to any other insurance available to the additional
insured with respect to claims covered under the policy and that this insurance
applies separately to each insured against whom claim is made or suit is brought.
The inclusion of more than one insured shall not operate to increase the insurer's
limit of liability.
• All policies shall be endorsed to read:
"SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR
MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE
BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS
BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10
DAYSADVANCE WRITTEN NOTICE IS REQUIRED".
• Should any of the required insurance be provided under a claims -made form, Contractor
shall maintain such coverage continuously throughout the term of this contract and,
without lapse, for a period of three years beyond the contract expiration, such that
occurrences arising during the contract term which give rise to claims made after
expiration of the contract shall be covered.
Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or legal
defense costs to be included in the general annual aggregate limit, the Contractor shall
either double the occurrence limits or obtain Owners and Contractors Protective
Liability Insurance.
• Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse
date. If insurance is not reinstated, City may, at its sole option, terminate this
agreement effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with these
additional specifications throughout the duration of the Contract, or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $ 1,000,000
shall be provided and maintained by the Contractor. The policy shall be written on an
occurrence basis either in a single policy or in a combination of underlying and
umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
• Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this contract
and broad form property damage coverage.
• Coverage B shall include personal injury.
• Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and
ISO Form GL 0404) is used, it shall include at least:
• Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU) exposures.
• Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single
Limits (CSL) of not less than $500,000 either in a single policy or in a combination of
basic and umbrella or excess policies. The policy will include bodily injury and property
damage liability arising out of the operation, maintenance and use of all automobiles and
mobile equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
• any auto, or
• all owned, hired and non -owned autos.
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in addition
to meeting the minimum statutory requirements for issuance of such insurance, has
Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096
of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation
Commission (TWCC).
[ ] 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.
[ ] 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.
ATTACHMENT 1
[X] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate
of authority to self -insure issued by the commission, or a coverage agreement (TWCC-
81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation
insurance coverage for the person's or entity's employees providing services on a
project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project
until the contractor's/person's work on the project has been completed and accepted by
the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes all
persons or entities performing all or part of the services the contractor has undertaken to
perform on the project, regardless of whether that person contracted directly with the
contractor and regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers,
owner -operators, employees of any such entity, or employees of any entity which
furnishes persons to provide services on the project. "Services" include, without
limitation, providing, hauling, or delivering equipment or materials, or providing labor,
transportation, or other service related to a project. "Services" does not include
activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification codes
and payroll amounts and filing of any overage agreements, which meets the statutory
requirements of Texas Labor Code, Section 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:
(1) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage
for all persons providing services on the project; and
(2) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how a
person may verify coverage and report lack of coverage.
I. The contractor shall contractually require each person with whom it contracts to provide
services on a project, to:
(1) provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
(2) provide to the contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees
of the person providing services on the project, for the duration of the project;
(3) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(4) obtain from each other person with whom it contracts, and provide to the
contractor:
(a) a certificate of coverage, prior to the other person beginning work on the
project; and
(b) a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
(7) contractually require each person with whom it contracts, to perform as required
by paragraphs (1) - (7), with the certificates of coverage to be provided to the
person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of coverage,
the contractor is representing to the governmental entity that all employees of the
contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be based
on proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance carrier or, in the case of a self -
insured, with the commission's Division of Self -Insurance Regulation. Providing false
or misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
K. The contractor's failure to comply with any of these provisions is a breach of contract
by the contractor which entitles the governmental entity to declare the contract void if
the contractor does not remedy the breach within ten days after receipt of notice of
breach from the governmental entity.
Instructions to Invoice Attachment
THE INVOICE ATTACHMENT IS NOT A SUBSTITUTE FOR A NOTARIZED APPLICATION FOR PERIODIC PAYMENT.
THAT DOCUMENT IS STILL NECESSARY AND SHOULD BE INCLUDED WITH THE INVOICE ALONG WITH THIS INVOICE ATTACHMENT.
Use You are bound under a construction contract with the City of Denton.
this Your contract includes a clause for the withholding of retainage.
form If You are submitting an invoice for payment to the City of Denton.
Lines 1 - 5 Enter the information required for a payment to be processed. It includes a valid purchase order number issued
by the City of Denton, as well as your invoice number and date. Your invoice will not be paid without this information.
Line 6 Specify the construction period for which you are seeking payment. Include the period number and period dates.
Line 7 Check "Yes' it this is the final invoice for this project. The final invoice should include the release of retainage that has been withheld.
Line 8 Enter the original contract amount approved by the City of Denton.
Line 9 Enter the amount of any approved change orders that increases or decreases the amount of the original contract.
Line 10 This amount should be the total value of the contract after all changes have been applied.
Line 11a Enlerthe amount of work performed on the original contract tram inception to date. Show project totals only.
Line 11b Enter the amount of work performed on the original contract in this reporting period only. Do not include any prior periods in this calculation.
Line 12a Enter the amount of any additional work performed from inception to date. Show project totals only.
Line 12b Enter the amount of any additional work performed in this reporting period only. Do not include any prior periods in this calculation.
Line 13a Enter the amount of any materials on hand from inception to date. Show project totals only.
Line 13b Enter the amount of any materials on hand in this reporting period only. Do not include any prior periods in this calculation.
Line 14a -14b These lines identify the value of the work performed for the project from its beginning as well as the value of work performed this period.
Line 15a Enter the amount retained based upon the value of work performed on the project to date.
Line 151b Enter the amount retained based upon the value of work performed this period.
Line 16a This is the amount earned on the project after retainage has been withheld.
Line 1610 This is the amount earned in the current period. It should equal the payment amount you are expecting from the City of Denton.
Line 17 Enter the amount of all previous payments you have received on this project.
Line 18a This is the amount due based upon the project totals to date. It is the cumulative total of all transactions related to this project.
Line 181, This is the amount due based upon current period totalit should match the invoice attached to this schedule.
Line 18a and line 181b MUST be the same amount. It is the reconcilation between period and project totals.
You must sign and date the Invoice Attachment. The Invoice Attachment should be mailed along with the invoice for payment
Page 2
rllf
City of Denton, Texas
Invoice Attachment
1 Vendor Name:
2 Project Name:
3 Purchase Order Number:
4 Vendor Invoice Number:
5 Vendor Invoice Date:
6 The following is period estimate number for the period from
7 Is this the final invoice for this project? Yes
No
to
8 Original contract amount g
9 Approved change orders 9
10 Add lines 8 and 9. This is the current contract amount. 10
11 Enter the amount of work performed on original contract.
12 Enter the amount of work performed on approved change orders.
13 Enter the amount of materials on hand.
14 Add lines 11, 12, and 13. This is the total value of work performed.
15 Multiply line 14 by .05. This is the amount retained (5%).
16 Subtract line 15 from line 14. This is the net amount earned.
17 Enter the amount of all previous payments.
18 In 18a, subtract 17 from 16a. In 18b, enter the amount from 16b.
This is the balance due with this invoice.
The amount in 18a MUST equal the amount in 18b.
Project Totals To Date
11a 11b
12a 12b
1
15a
16a
17
18a
13b
14b
15b
16b
18b
Period Totals
The undersigned Contractor certifies that all work, including materials on hand, covered by this schedule has been completed or delivered and stored
in acordance with the Contract Documents, that all amounts have been paid by him for work, materials, and equipment for which previous periodic
payments were issued and received from the City of Denton, and that the current payment shown herein is now due.
Signed
Date
Page 1
27
FROM FAX NO. : Sep. 15 2006 12:51PM P1
CERTIFICATE OF LIABILITY INSURAN E
DATE WM,9nffyyY)
09/15/06
n•w�ar rs IbSukp AS A MATT INF ATICII
Indepeadant Insuxance Group ONLY AND CONFE NO RIGHTS UPON THE CERTIFICATE
3030 LB7 Sxeeway St,. 920 HOLDER THf8 C@ �IFICATE DOER NOT AMEND, EXTEND Oq;
ALTER
THE COVE GE AFFORDED BY THE POLICIES BELO"I
Dallas TX 75234-7000
Phone: 972�2Si-8277
INSUI� ORDI G CQVERAGE
NsuRSD NAIC $
INSUREKk Ameria es .
R son Pools,n IHSTmtRa Rochdnl,� Insurance C nn 12a91 _
Rg�q11lYtson C rcayc p ol3,Snc INSURER c;
SGD-A Sou} C
17. x I�IRBRD: CoPPell TE 75C1 ..
COVERAOME I4BURER E: ..
THE REQUIRE OF INSURANCE LISTED RAVE'VFXN ISSUED TO 'OLICY
ION01N THE INSURED NAMED ABOVE SOP{ THE PERIOD INDICATED. NOTW ITHOTANDING
CONDITION OF ANY CONTRACT OR D7RBR
DICATED. OTWITBE
AMAY NY PERTAIN,
DDCUAQNT WR'{{RESPECTTQW IOH THISRIODI
HEINSRROR
POLICIESD RIBED eEROIN SUBJECT TO ISSUED OR
POLICIIER. AGGREGA Umrrs SHcwNN MAY HAVEYTM
ALL THE R, EXCLU=N9 AND CONDITION$ of SUCH
REDUCED
LTR NS TYPE OFI S POLICY HUM6ER 4WD Wit M
GENERAL LIALITY UmITA
BI
A X X COMMRRCML GEHERgLLIA9IU'N CPP2Q1$g11 EACH GCCURRENDE t1,00D ODO
C9/16/06 09/1 I�07
p WSO occuanos) S 50,000
CLAIM@MADE OCCUR
FJOI (Alg m[person>: S
MEO S OOO
PERSONAL AADV INJURY t 1 000,000
oENORSLAGGRECATE , i2 000,000 0!N'L AGGREGAIT UMITAPPLR:S PM
ppRRppPROWO-OOMNDP AUG S2,000 000
POLICY X 'PERT LPO
AUYOVIOwL9
LIKIUri
A
X
X
MY Aura
CA2013310
09/16/06
09/1
Cam
foAwBaam)INGLeIJMIT
s1,000,p00
X
ALLOWNLDAUTO.S
,07
I
EG011y miuRv
(For pA�orQ
t
SCHEDULED AUTD5
X
HIREDAUTO9
X
BouLd lIIN UmY
S
NON.OWNFDAUTOS
PROPERTY DAMAGE
(Ptr ovWdmll
t
GARAGE LUGHLTIY
ANYAUTO AUTO ONLY- FA ACCIDENT t
OTHERTHAN E4 ACC 3
AUTO ONLY: AGO t
Mr. ES9NREREUA LW6ILITY
EACH OMLIRRENCE t
Ocam CLAMS MAD¢
A41IREGATE t
OFDUCTBIP -
RGTGNTIIN S S
VIoRHETib LOM 'T
F'BIUTY 1N ArID
$ EMPLovms�,TLDuipB�wpqTqr � E ToavuMns
RWC9pb8368
�Pf'TRROPRI% ER F,XOLUPPEIEOTXECUmE 09/16/06 09/16 ,07 E.L EACH Acouw s110001000
Ifyyes.d�albRUMMr m�cTlOp Cam' �g'X E.L DINFAEE-EA EMPLOY t 1 ODD 000
SPECW. PgpyISION&' below
OTHER ILL OIBEASE•POUCYUAOT s l,onp DOD
A Inland Marine IH2013312 09/16/06 09/16107 Rented/ $20,000
LIIAOBd 01.000 ded.
DESCRIPTIDN OF OPERARON91 LOcnnDNA)VEMICAbs/EXCLU910NA ADDED BY
ENOORSYMENT lEPECWL PROVISIONR
City of Denton, its OffiaiRls, Ayentg, ftWloyees and V'oluntaera lahall be
.
listed as addS,tionai insured with rorpeet to the tlehoral Liabll ty
and
auto Polioiee. This insurance is primary and "ph -•contributory. iver
of
Subro9fation in favor of the City of Denton, its Officials, Is,
and volunteers applies to the OL, tion lojes,EftPloyr.a
PP Auto and 1Porkers CeAaation pollcieG.
CERTIFICATE HOLDER
CANCELLATION 1.
SHOULD ANYOPTREABOVE RISND FDUCIMS BE CANCELLED EEPORE THE EXPIRATION
OATR THdRFoF, THE ISWINP 00RER WILL EN➢EAVOR To MAIL 30 IAya WIUTrRN
City OR Denton
IVOTICE TC THE DEWIFICAtE lO ERNANRDTOTHBLFST,BUTFNLURmTouoaOS
Attn: Robert K. Ticknor
-
IMPORE so murATION OR L *UTY OP ANY HIND UPON THE INIKOWK, ITS AGENTS OR
IWPRPSBNTATIVRl.
Denton, TX
A
ACA 44 Tonnw mo
— �/�
G)C- D CORPORATION
TODFA
CONTRACT AGREEMENT
STATE OF TEXAS
§ COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 18th day of July A.D., 2006, by and
between City of Denton of the County of Denton and State of Texas, acting through
Howard Martin thereunto duly authorized so to do, hereinafter termed "OWNER," and
Sunbelt Pools, Inc.
10555 Plano Road
Dallas, TX 75238
of the City of Denton, County of Denton and State of Texas hereinafter termed
"CONTRACTOR."
WITNESSETH: That for and in consideration of the payments and agreements hereinafter
mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds
attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete
performance of the work specified below:
Bid 3519 — Civic Center Pool Renovation Contract 1 C
in the amount of $97, 544.00 and all extra work in connection therewith, under the terms as
stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense
to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance,
and other accessories and services necessary to complete the work specified above, in accordance
with the conditions and prices stated in the Proposal 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:
City of Denton Parks Department Staff
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 sick
leave benefits, worker's compensation, or any other City employee benefit. City shall not have
supervision and control of Contractor or any employee of Contractor, and it is expressly understood
that Contractor shall perform the services hereunder according to the attached specifications at the
general direction of the City Manager of the City of Denton, Texas, or his designee under this
agreement.
Indemnification
Contractor 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.
CA-2
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the
year and day first above written.
ATTEST:
City of Denton
OWNER
BY: J
(SEAL)
CONTRACTOR
�oq�y^i PCarc An. 104uos jx 7i^23b
MAILING ADDRESS
z/'/ 3 u3—//a3
PHONE NUMBER
Z/,/ 3V 3-/2-0 i
FAX NUMBER
BY:
TITLE
PRINTED NAME
(SEAL)
s �oF
CA-3 j CP
ANC SEp�-
�:
PAYN'll'sNT 130ND
STA113 OF] LI AS
COUNTY OP DENTON
KNOW Ai.l. NIFN BY TI II -SF PRL'SI N'fS: I hat Sunbelt Pools. Inc._" close adds-L.s k
105>;5 Plano Road. Dallas. 1S 752;S, hereinafter called Principal. :Ind
Ur? --GC ,9uvnhe. 4i+- n I corporation r oanize�l and ezislima under the 13 ; ill the
--
State of ------ I_ry.Sls_!� ;old fully authorized to u'ansoct business in the State of Texas. as
Surctr, are held and firmly hound unit) the Ciq' "I' Denton. a municipal corporation t)rgani/ed caul
existing under the la\\s of the State of Tcsas. hercoulner called O\\ner, and unto all person;. Firms,
and corporations who mad furnish materials fin'. or perform labor upon. the building of
improvements hereinafter (erred to. rat le anal sum of Ninety Seven 'fhnusond Five Hundred
P I
None Pour DOLLAR. " K/-, ;:Id.O(1 'n lawful money of the I!nited States. to be paid in Denton.
County. TMN. for the p:ryntent of )chick sum \\ell and uuly to be made. \\e hereby bind oulselycs.
our heirs. executors. administrator%. successors, mui assigns, jointly and SCycrally, llrn)h' by these
presents. This Bond shall automatically he increased by the antounl of any C'fiange Onlcr An'
Supplemental Agreement which increases the Contract price, but in no event shall o C:han,,e 1 hdcr
or Supplemental Agreement \yhich reduces the Contract price decrease the penal sum of thiS Hand.
THE OBLIGATION TO PAY SAML is conditioned as l( Hows: % iercas, the Principal
entered into a certain Conv ct, identified by Ch' humce Number 20(;6-192. \'uh the City of Denton.
the Owner, dated the I Nth day of July A.D. 211116IMpy of which is hereto attached and made a
pan hcrcof, lilt Bid jj 19 (nie C'cnter Pool RauOyalion?�
NOW. TIII:REI ORL. if the Principal :hall \\cll. uuh. and lililhf Illy perform its Julies and
stake pronipl paynlint to all persons. firm;. subcontractor. Corporations and cloinu nts supplying
labor and/or material in the prosecution of the Work provided for in Said Contract and arc and all
duly authorized modifications of Said ConuaCt that may hereafter he made, notiCe of \\high
modifications to the Surely bring, hereby expressly \\aired. then this obligation shall be void:
otherwise it shall remain in full flurce and effect.
PROVIDED NLIR1I IER, that if any legal aclion he filed on this Bond. exclusiec \Cnuc shall
lie in Denton County, fexa.s.
AND PROVIDED NURI HER, dun the said Surety, fig,' value received. hcrchy stipulates :ntd
.glees (11,11 no clullue. extension of llllle, :111e1':1ll0ll UI' ❑ddltlt 111 10 the terms of the Contract. of In the
Work to be performed IEereunder% or it) the Plans. Specifications. Dnlwings, etc.. accrin)panyinc file
sarne, Anal in anywise allect its obligation on This Bond, and it does hcmb\ waiyc nolicc of Iuly
such ch;mga extension of lime, altowhIu or addition to the tern) or the Conu'aet, or lu the Work to
be performed thereunder. ill- Io the Prams, Specificalions. Drawings. etc.
141 - ;
This Mond is --iycn pursuant In the pmrisions of Chapter 225" of the 7CN:Is f inyerltiticllt
Code. as amended, and ally rather applicable statutes of the State of 7 CNaS.
The undersigned and designated a4scnt is hCrChy dosigrt:ttcd by the SurCt\ IM'Cin a; the
Resident Agent in Denton Counq' to whom am requisite notices ntay be delivered and on whom
SCII'ICC ohprocess 111:1V he hail in nrutrrS arisim_ oul ofsure sm-ctv, as provided be Article 7.10-1 of
the I115tit'anCe C.UIIC. V ernoll's :\nnotatCci C•iyil Statutes of the State OCTCXIIS.
IN \Vl I -N F SS %VI IK[:OP. Ihis instrument is exccutcd in a copies. each one of which Shall
be deemed ;tit mieinal. this the 18th dav of a July_ 2006
ATFESI*:
BY: z�_ -
SD CRLh:\ILY
ATTEST:
I1Y:
PRINCIPA] -
Sunbelt Pools, Inc.
Ill': &✓
PREXIDEN'f
SURETY
SureTec Insurances Co
BY:'-fa,('CL�4 d��
:\T1( )RN1=Y-IN-PAC t
Pauline L. Lesch
The Resident A.Cnt of the Surety in Demon COMAv% I exaS lot' dclivCn' of notice and seryicC of the
process is: 4
NAME: Ramey& King Insurance, Inc. -___ _
ATTN: Becky McKnight
S'fltliliT r\llDRDiSS: 510 North IH 35E, Denton, Texas 76205
j A't T: Date of jowl mew Bunn ours/ he date Q%Cnnn'uc1. If Residem Agent iv 11u1 a curpuratiinr.
,'ire' a nersun'.r num�'J
Bond No. 4353126
11F,RFOKN,IANCG BOND
or rrxAs
COIJN"I Y OF DENTON
KNON1' AI_r.:\'IGN BY ri iniz PRESENTS: "I hat _ Sunbelt fools Inc✓ tdlo>r
address is I OM Plano Road,. Dallkis. 'N 75'_3S lie] arter railed Principal. mid
SuraTe� .���..._�0.•-pat ____.__._, a corporation ur;;anized and existing under Ihr Lms
of tl)c',late of I exaS ,Intl I'll II' all li o[izcd In II an Sac bllsl Ile' S Ill the `tale Or IexJc :Is SHICIy.:11C
held and firmly hound unto the Cite or Denton. a municipal corporation organized and c•x-Ahic
under the Imes or the State orTexas. hcreinalter called Uoner, in the penal slap of tiinety_ Seven
DOLLARSr(1 97_? 44.00YIus ten percent ol'the ;t:ted penal skin) as an additional sum Or money
representing additional court expenses. attorneys Ices. and liquidated danlaees ;wising nul of of
connected xvith the helow idenOHcd COMM in la"Al nutty of the United States. to he paid in
Denton County. Texas. Ibr the Payment or k%hich sum well and truly w be made, %te hcrchy hind
ollr.0Clxe , oil)heirs, cxcctuor.:IiInllMlsl l';Ilia'>.. 5111'l'CSSUI:i. and :lssigns, jointly and sevcrall�. Ilrnll'.
by these presents. This Bond shall automatically be increased by the amount of any (Timgc OW
or Supplemental Agreement, which increases the Contract price. but in no et•CIII shall a Change
Order or Supplemental Agreement. which reduces the Contract price. decrease the penal sum or Ibis
Bond.
TIIG OBLIGATION '11) PAY SAME is conditioned as 141lows: Whereas. the Principal
entered into a cewdri Contract. identil ed by Ordimmce Nurnbe�r'006-19'_ ith the City oiL)cnton.
the Owner. dated the I_R"' day or —Jul). A.D. 2096 col\lr \%high is helelo antiched ari
made a pars berm),. lilt' Bill 3519 (_ IVIC Center fool Renovation —__--
NO`<V. rIIriRL:fORF- it the Principal shall well. truly and Iaithfully perrurnl and InIfill all
of the undertakings, covenants, terms. conditions and agreements or said Antract in a:cord:mce
kith the flans. Specirications and Comae) Documents during the original term thcrQoI* and any
extension thereof' kyhich may be gcmled by the Owner. with or without notice to the Surety, and
during the life of any guaramty or usu my required under this Contract and shall also kycll and
truly perform and fullill all the undertakings. COVC11atlllS. terms, condition, and agreements ref am'
and all duly authorized modifications orsaid Contract that may hereafter be made. notice ol'which
Modifications to the Surely brim-, hereby waiycd: and. it the Principal shall repair :nd!or replace all
dctcus due to faulty materials :Ind workmanship that appear kyithin a period of one ( 11 year' moll
the date of final completion and rural acceptance or the \fork by the Owncr: anl it the Illinciltal
Shall fully indenuliry and sale harmless the Owner Rom all costs and damages which Owner Inay
surrer Q reason of failure to so perAwnl herein and shall furl' reimburse and repay O\\ner all outlay
and expense which the Owner may incur in slaking enod an), dcfauh or dericiowy. then this
obligation shall be void; otherwise, it shall retrain in rull turce and cllc 1.
PH - 1
lt-v�
PROVIDED PLiRTI IF'R. that if eny legal action be Tiled upon this lion,, exclusive rave
shall lie in Demon County State ofTexas.
AND PROVIDED FUR'I HE It. thou the said Soren. fur value icccived, hcrehv stipulates:Ind
agrees Iat no change. C�Ctension oftimc. aher:uion or addition to the IcIIIis nl'Ilie Con hncI. or w the
\fork to be performed thereunder. or to the flats. Specifications. Drawings. etc., acconllmllying (he
soma sliall in anywise al'Icct its ohlii-mlion on This Bond. and it does hcrehv waive notice of am
such chance, extension of lima alteraiwll or addition to the terms of the Contract. or to the Work to
he pertbrnled thereunder. or Io the flans. Specifications. Drawings. etc.
this Bond is Liven pursuant to the provisions of, Chapter'2�+ of the -1cx:u Gov,rnmeut
Code. as amended. and any onher iipplic;ihlc scuulCS of the SI(IIC nf'fcx:is.
The undersiLmd and designated agent is hCrcbc dCsiLnated by the Surc•iy herein as the
Resident :Agent in Denton County to whom any requisiic notices Ilmy be delivered mid on lrhom
service of'process may be had in matters arising out ol'such suretyship, as provided by Article 7.19-
I ol'ihe Insurance Code. Vernon's Annotated Civil Stalutes of the Stine of Texas.
IN \VI I NESS \VI II ItI:01% this inmitimtnt is executed in •1 co s. each tine of which :IeJI
Ile deCnte(I an original. this the 18th(I:tv of_ July 2006
A'I I I ST:
Ill': _C-4ij22, 1 61/ 6
SI;CRFI'ARY 4 —
A"ITEST:
PRINCII'r\I.
Sunbelt Pools, Inc. A
HY: _/� ,/_�A�qJ
PRI:. IIWN"I
SureTec Insurance Company
Ill': ezce((y\Q/�/
A I TORNEY-IN-FAC•I
Pauline L. Lesch
'I he Resident Ai-mit of the Surete in I )cnton Count•. I-exas fur dcliserc of notice and service ul'the
processes:
NAME: Ramey & King Insurance, Inc.
ATTN: Becky McKnight
STRI- 1 ADDRESS: 510 North IH 35E, Denton, Texas 76205
Date of PCrtul'nnaice Bi*itd mist he dale of Cunllaet. 11 ROWCni :1 Cn! iS nut a Cnrpontiull. girr a
persons mmme.)
PH -
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
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or
about a claim, you should contact the Surety first. If the dispute is not resolved, you may
contact the Texas Department of Insurance.
Terrorism Risks Exclusion
The Bond to which this Rider is attached does not provide coverage for, and the surety shall
not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war.
Exclusion of Liability for
Mold, Mycotoxins, Fungi & 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.
Texas Rider 010106
PDA 0: 4221029
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY4�'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. Leschl teven W. Lewis, Barry Romito, Patrick C. Locke, Allen Sparks
of Dallas, Texas its true and lawful Attomey(s)-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 and no/100 Dollars ($5,000,000.00) l_�
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, seated with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the
premises. Said appointment shall continue in force until June 30 2007 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 Attomey(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the 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
Attomey-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 meeting held on 20 of April,
1999)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 20th day of June, A.D. 2005.
SdPANC"v. RETEC INS CE COMPANY
By:
a; w 5 ii€ Bill King, re nt
State of Texas ss:
County of Hams
On this 20th day of June, A.D. 2005 before me personally came Bill King, to me known, who, being by me duly swom, 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.
Michelle Denny
lbtaoPubBt: I'ytVY�/t^i/ k
• • >IEate W T bb
as s�YCOtttlt Wort Enalro Michelle Denny, Notary Pub tc
August 27, 2008 My comm ssion expires August 27, 2008
1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this 18 th day of July 20 06 , A.D.
M. Brent lWaty, Assistant Se re ry
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST.
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 tide of the project.
Contractor may, upon written request to the Purchasing Department, ask for clarification of any
insurance requirements at any time; however, Contractors are strongly advised to make such
requests prior to bid opening, since the insurance requirements may not be modified or waived after
bid opening unless a written exception has been submitted with the bid. Contractor shall not
commence any work or deliver any material until he or she receives notification that the contract
has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply with
the following general specifications, and shall be maintained in compliance with these general
specifications throughout the duration of the Contract, or longer, if so noted:
Each policy shall be issued by a company authorized to do business in the State of
Texas with an A.M. Best Company rating of at least A.
• Any deductibles or self -insured retentions shall be declared in the bid proposal. It
requested by the City, the insurer shall reduce or eliminate such deductibles or
self -insured retentions with respect to the City, its officials, agents, employees and
volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
• Liability policies shall be endorsed to provide the following:
•• Name as additional insured the City of Denton, its Officials, Agents, Employees
and volunteers.
•• That such insurance is primary to any other insurance available to the additional
insured with respect to claims covered under the policy and that this insurance
applies separately to each insured against whom claim is made or suit is brought.
The inclusion of more than one insured shall not operate to increase the insurer's
limit of liability.
• All policies shall be endorsed to read:
"SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR
MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE
BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS
BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10
DAYS ADVANCE WRITTEN NOTICE IS REQUIRED':
• Should any of the required insurance be provided under a claims -made form, Contractor
shall maintain such coverage continuously throughout the term of this contract and,
without lapse, for a period of three years beyond the contract expiration, such that
occurrences arising during the contract term which give rise to claims made after
expiration of the contract shall be covered.
Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or legal
defense costs to be included in the general annual aggregate limit, the Contractor shall
either double the occurrence limits or obtain Owners and Contractors Protective
Liability Insurance.
• Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse
date. If insurance is not reinstated, City may, at its sole option, terminate this
agreement effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with these
additional specifications throughout the duration of the Contract, or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $ 1,000,000
shall be provided and maintained by the Contractor. The policy shall be written on an
occurrence basis either in a single policy or in a combination of underlying and
umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
• Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this contract
and broad form property damage coverage.
Coverage B shall include personal injury.
• Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and
ISO Form GL 0404) is used, it shall include at least:
• Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU) exposures.
• Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single
Limits (CSL) of not less than $500,000 either in a single policy or in a combination of
basic and umbrella or excess policies. The policy will include bodily injury and property
damage liability arising out of the operation, maintenance and use of all automobiles and
mobile equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
• any auto, or
• all owned, hired and non -owned autos.
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in addition
to meeting the minimum statutory requirements for issuance of such insurance, has
Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096
of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation
Commission (TWCC).
[ ] 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.
[ ] 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.
ATTACHMENT
[X] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate
of authority to self -insure issued by the commission, or a coverage agreement (TWCC-
81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation
insurance coverage for the person's or entity's employees providing services on a
project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project
until the contractor's/person's work on the project has been completed and accepted by
the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes all
persons or entities performing all or part of the services the contractor has undertaken to
perform on the project, regardless of whether that person contracted directly with the
contractor and regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers,
owner -operators, employees of any such entity, or employees of any entity which
furnishes persons to provide services on the project. "Services" include, without
limitation, providing, hauling, or delivering equipment or materials, or providing labor,
transportation, or other service related to a project. "Services" does not include
activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification codes
and payroll amounts and filing of any overage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.01](44) for all employees of the
Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior
to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the coverage
period, file a new certificate of coverage with the governmental entity showing that
coverage has been extended.
E. The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
(1) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage
for all persons providing services on the project; and
(2) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how a
person may verify coverage and report lack of coverage.
I. The contractor shall contractually require each person with whom it contracts to provide
services on a project, to:
(1) provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
(2) provide to the contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees
of the person providing services on the project, for the duration of the project;
(3) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(4) obtain from each other person with whom it contracts, and provide to the
contractor:
(a) a certificate of coverage, prior to the other person beginning work on the
project; and
(b) a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
(7) contractually require each person with whom it contracts, to perform as required
by paragraphs (1) - (7), with the certificates of coverage to be provided to the
person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of coverage,
the contractor is representing to the governmental entity that all employees of the
contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be based
on proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance carrier or, in the case of a self -
insured, with the commission's Division of Self -Insurance Regulation. Providing false
or misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
K. The contractor's failure to comply with any of these provisions is a breach of contract
by the contractor which entitles the governmental entity to declare the contract void if
the contractor does not remedy the breach within ten days after receipt of notice of
breach from the governmental entity.
Instructions to Invoice Attachment
THE INVOICE ATTACHMENT IS NOT A SUBSTITUTE FOR A NOTARIZED APPLICATION FOR PERIODIC PAYMENT.
THAT DOCUMENT IS STILL NECESSARY AND SHOULD BE INCLUDED WITH THE INVOICE ALONG WITH THIS INVOICE ATTACHMENT
Use You are bound under a construction contract with the City of Denton.
this Your contract includes a clause for the withholding of retainage.
forth if You are submitting an invoke for payment to the City of Denton.
Lines 1 - 5 Enter the information required for a payment to be processed. It includes a valid purchase order number issued
by the City of Denton, as well as your invoice number and date. Your invoke will not be paid without this information.
Line 6 Specify the construction period for which you are seeking payment. Include the period number and period dates.
Line 7 Check "Yes' 0 this is the final invoke for this project. The fmal invoice should include the release of retainage that has been withheld.
Line 8 Enter the original contract amount approved by the City of Denton.
Line 9 Enter the amount of any approved change orders that increases or decreases the amount of the original contract.
Line 10 This amount should be the total value of the contract after all changes have been applied.
Line 11a Enter the amount of work performed on the original contract from inception to date. Show project totals only.
Line llb Enter the amount of work performed on the original contract in this reporting period only. Do not include any prior periods in this calculation.
Line 12a Enter the amount of any additional work performed from inception to dale. Show project totals only.
Line 121, Enter the amount of any additional work performed in this reporting period only. Do not include any prior periods in this calculation.
Line 13a Enter the amount of any materials on hand from inception to date. Show project totals only.
Line 13b Enterthe amount of any materials on hand in this reporting period only. Do not include any prior periods in this calculation.
Line 14. - 14b These lines identify the value of the work performed for the project from its beginning as well as the value of work performed this period.
Line 15a Enter the amount retained based upon me value of work performed on the project to date.
Line 15b Enter the amount retained based upon the value of work performed this period.
Line 16a This is the amount earned on the project after retainage has been withheld.
Line l6b This is the amount earned in the current period. It should equal the payment amount you are expecting from the City of Denton.
Line 17 Enter the amount of all previous payments you have received on this project.
Line 18a This is the amount due based upon the project totals to date. It is the cumulative total of all transactions related to this project.
Line 18b This is the amount due based upon current period totals. It should match the invoice attached to this schedule.
Line 18a and line 18b MUST be the same amount. It lathe reconcilation between period and project totals.
You must sign and date the Invoice Attachment. The Invoice Attachment should be mailed along with the invoice for payment.
Page 2
28
City of Denton, Texas
Invoice Attachment
1 Vendor Name:
2 Project Name:
3 Purchase Order Number:
4 Vendor Invoice Number:
5 Vendor Invoice Date:
6 The following is period estimate number for the period from
7 Is this the final invoice for this project? Yes
8 Original contract amount
9 Approved change orders
10 Add lines 8 and 9. This is the current contract amount.
11 Enter the amount of work performed on original contract.
12 Enter the amount of work performed on approved change orders.
13 Enter the amount of materials on hand.
14 Add lines 11, 12, and 13. This is the total value of work performed.
15 Multiply line 14 by .05. This is the amount retained (5%).
16 Subtract line 15 from line 14, This is the net amount earned.
17 Enter the amount of all previous payments.
18 In 18a, subtract 17 from 16a. In 18b, enter the amount from 161b.
This is the balance due with this invoice.
The amount in 18a MUST equal the amount in 181b.
11a
12a
13a
15a
16a
to
No
Project Totals To Date
8
9
10
11b
12b
13b
14b
15b
16b
183 18b
Period Totals
The undersigned Contractor certifies that all work, including materials on hand, covered by this schedule has been completed or delivered and stored
in acordance with the Contract Documents, that all amounts have been paid by him for work, materials, and equipment for which previous periodic
payments were issued and received from the City of Denton, and that the current payment shown herein is now due.
Signed
Date
Page 1
27
LacORo CERTIFICATE OF LIABILITY INSURANCE OP ID P DATE (MMID90 YY)
'�'Q7ooD�R SUNP02N 06 19 06
'�' Associates Insurance THIS CERTIFICATE ISISSUED AS A MATTER OF INFORMATION
Agency, Inc., License #OD36866 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
4646 E. Van Buren, #200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Phoenix AZ 85008 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Phone:602-273-1625 NIS JUN 23 PM 4 11
INSURED INSURERS AFFORDING COVERAGE NAICM
INSURER A American incarnational croup
/ INSURER B nrcn $peciai ty Tnaurance Co.
Sunbelt O\\0��� INSURER C: ArCYi Insurance Co an 11150
Dallas TR 75238-1305 _LJ, ..—Man D.
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
, 1 R TYPEOFINSURANCE I POLICY NUMBER I FULILY EFFEC IVE LILY IRA ON
GENERAL LIABILITY V
B X COMMERCIAL GENERAL LIABILITY
i
CLAIMS MADE a OCCUR
C
GENL AGGREGATE LIMIT APPLIES PER:
POLICY ATI JE6T LOC
AUTOMOBILE LIABILITY✓
ALL OWNED AUTOS
SCHEDULEDAUTOS
HIRED AUTOS /
NON -OWNED AUTOS
GARAGE LIABILITY
I ANY AUTO
00w
ZACAT9007400,�'
I ECENMLAMBIL"
R C"SA " MADE BE4766307
DEDUCTIBLE
IX RETENTION $10,000
WORKERSCOMPENSATION AND
C. EMPLOYERS'LIABILI
ANY PROPRIETOWPARTNEEC UFIVE ZA97C29015900
OFFICER/MEMBER EXCLUDED?
ATE MM/DDr DATE MMR)D/YY LIMITS
EACH OCCURRENCE $1,000, 000
09/27/05 09/27/06• PREMISES(Eacav Q) $100,000
MED EXP (Ally orm person) $ 5 , 000
PERSONAL B ADV INJURY $1,000�000
GENERAL AGGREGATE E 2, 000, 000
PRODUCTS-COMP/OPAGG $2'000,000
Emp Ben. 1.000.000
Ua 'd I)
09/27/05 $1,000,000
09/27/05 09/27/06
BODILY INJURY
(Per person) $
BODILY INJURY $
(Per amaam)
PROPERTY DAMAGE
(Peraa+dem) $
AUTO ONLY -EA ACCIDENT $
OTHER THAN EA ACC $
AUTO ONLY: AGO $
EACH OCCURRENCE E1, OOO, 000
09/27/05I 09/27/06 AGGREGATE E1,000,OOO
$
Is
09/27/051 09/27/06 e.L.EACHACCIDENT $1,006
E.L. DISEASE -EAEMPLOYEEI $ 1 00O
E.L. DISEASE -POLICY LIMB $1.000
was nuutu BY ENDORSEMENT I SPECIALPROVISIONS
Bid#3519-Civic Ctr Swimming Pool Renovations. Additional insured for gen
liab per form CG2010 07 04: it of Dento it's officials, agents,
employees and volunteers, Insurance is primary to any other insurance
ava.ilbale to the additional insured m/respect to claims covered under the
Policy and that this insurance applies separately to each insured (coast.)
CITDOSB SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO
DATE TNEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* i'DAYS WRITTEN
City Of Denton NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SMALL
Purchasing Department IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR
901-B Texas St REPRESENTATIV S.
Denton TX 76209 AIrTNrlpr)r m
Ua 'd I)
09/27/05 $1,000,000
09/27/05 09/27/06
BODILY INJURY
(Per person) $
BODILY INJURY $
(Per amaam)
PROPERTY DAMAGE
(Peraa+dem) $
AUTO ONLY -EA ACCIDENT $
OTHER THAN EA ACC $
AUTO ONLY: AGO $
EACH OCCURRENCE E1, OOO, 000
09/27/05I 09/27/06 AGGREGATE E1,000,OOO
$
Is
09/27/051 09/27/06 e.L.EACHACCIDENT $1,006
E.L. DISEASE -EAEMPLOYEEI $ 1 00O
E.L. DISEASE -POLICY LIMB $1.000
was nuutu BY ENDORSEMENT I SPECIALPROVISIONS
Bid#3519-Civic Ctr Swimming Pool Renovations. Additional insured for gen
liab per form CG2010 07 04: it of Dento it's officials, agents,
employees and volunteers, Insurance is primary to any other insurance
ava.ilbale to the additional insured m/respect to claims covered under the
Policy and that this insurance applies separately to each insured (coast.)
CITDOSB SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO
DATE TNEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* i'DAYS WRITTEN
City Of Denton NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SMALL
Purchasing Department IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR
901-B Texas St REPRESENTATIV S.
Denton TX 76209 AIrTNrlpr)r m
HOLDER CODE CITDOIS
T40TEPAD: INSURED'S NAME Sunbelt Pools
against•whom claim is madeor
Suit is brought
one insured shall not operate to increase the
liability, Waiver of subrogation applies to
WCOO 03 13. *Except 10 days notice for
OP ID PD
The inclusion of more than
insurer's limit of
work comp per attached✓
non payment of premium.
DATE 06/19706
VAMIM C6I1099NATON AND MW%AYlelts LiMuTy 1NSUpAMM POUCY
VCooaof3
WAIM OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
%% hm the right to recover our ppynemta *wn enyorte tleble far en iniu cursed by oft Policy. lhtr will not enforce
our ffQW a9BM Os brawn or aryNll " r artrad in the Salmdula f Th o apreensnt rapine any to the a nt aw ym
PUN m Work under a W drAn aon&Ad th K MNbae You to abtin tbb ItBraen0 from UL)
Thb egeunrnt" not operas directly Or lndkeody to bwa t rnyorw nor now In "8cf+wom
City of Denton, it's officials, employees, agents and volunteers ✓
RE: Civic Center Swimming Pool Renovations
This uWorW05M Ghwg" the polar to Which It is I- ..ted and b effective on the ded issued tarMte oerwrrge staled.
t7he ktflrrretlrat b8bW b tagWeO CW"h Mr fits araloraentent r bard rrewrluatPlop repnlon of to pelgc)
9%C&We 09-27-05
R>rloy No. 7AGLB9009100
ln"d Sunbelt Pools Inc
insurance try AX 3 INSVAAJM Co"Aw
ommilomlgrw By
"a Mrerw cbrrreaen Cwfealdm tt auew
Endorsenwit No,
Pnetium
11
I
CITY OF DENTON
BID 93519 for Civic Center Swimming Pool Renovation
PROPOSAL (BID) FORM — cont'd
Provide prices in words and in numerals below:
Description
In words)
Price
1C
Furnish all labor, materials, equipment,
superintendence, insurance, and all other
incidentals for the construction/installation
of all slide foundations, plumbing, pumps,
1 LS
$ 97, 544.00
$ 97, 544. 00
electrical, plumbing connection to
waterslide, etc. (excluding slide delivery,
unloading and installation of slide tower,
stairs and flume sections) for the 15.4foot
slide platform with 36-inch diameter open
flume waterslide according to the Plans,
complete and in place, for
Ninety seven thousand
Five hundred forty four DOLLARS
and zero CENTS
er Lump Sum.
vvv� n�I QMJNhIC—a VN IMAGI 'U':
ieM7 Description (Price to be written in words)
Price
2c
If the electrical wiring and conduit to the
existing waterslide pump are found
adequate for muse, DEDUCT from
Contract 'C' for musing this existing
conduit and wiring for the now pump motor
as indicated on the Plans,
1 LS
$ 3,657.00.
$ 3,657.00
Three thousand six hundred
fifty seven DOLLARS
and Zero CENTS
er Lump Sum.
PAGE 4 OF BID i13519 Bidder's Initials 12,
I
H
CITY OF DENTON
BID 93519 for Civic Center Swimming Pool Renovation
PROPOSAL (BID) FORM — cont'd
Provide prices in words and in numerals below.
(Price to be written In words)
Price
3C
Fumish all labor, materials, equipment,
superintendence, insurance, and all other
1 LS
$ 9,850.00
$ 9,850.00
incidentals for the constructionfinstallation
of all slide foundations, plumbing, pumps,
electrical, plumbing connection to
waterside, eta (excluding slide delivery,
unloading and installation of slide tower,
stairs and flume sections) required for
construction of the single flume drop slide
(tower height = 17-10') according to the
Plans, complete and in place, for
Nine thousand eight hundred
fifty DOLLARS
and zero CENTS
per Lum Sum.
* Note: Price for 3C assumes that 1C has been accepted.
PAGE 5 OF BID #3519 Bidder's Initials I"
CITY OF DENTON
BID 03519 for Civic Center Swimming Pool Renovation
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 let segand
which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. .,
Code,
Section 15.01, el seg.
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
AUTHORIZED REP S NTATIVE:
Signature
Date June 20, 2 06
Name Rob Morgan
Title President
Fax No 214 343-1201
Email. robm@sunbeltpools.com
COMPANY IS:
Business included in a Corporate Income Tax Return? x YES
x NO
_Corporation organized & existing under the laws of the State of Texas
_Partnership consisting of
Individual trading as
X Principal offices are in the city of Dallas
PAGE 6 OF BID N3519 Bidder's Initials 1t—