2009-313
{N
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE DEMOLITION OF AN EXISTING SLIDE AND INSTALLATION OF A
NEW SLIDE AT THE CITY OF DENTON WATER WORKS PARK; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID
4440-AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION,
SUNBELT POOLS, INC. IN THE AMOUNT OF $355,226).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER CONTRACTOR AMOUNT
4440 Sunbelt Pools, Inc. $355,226
SECTION 2. The acceptance and approval of the above competitive bids shall not constitute
a contract between the City and the person submitting the bid for construction of such public works
or improvements herein accepted and approved, until such person shall comply with all requirements
specified in the Notice to Bidders including the timely execution of a written contract and furnishing
of performance and payment bonds, and insurance certificate after notification of the award of the
bid.
SECTION 3. The City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. Upon acceptance and approval of the above competitive bids and the execution
of contracts for the public works and improvements as authorized herein, the City Council hereby
r.
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 ,2009.
M RK A`BW UG , MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: f_ -
3-ORD-B.f 4440 _
r: -
~
~ ~
CUNTRACT AGREEMENT
STATE ~F TEXAS
~ COUNTY GF DENTGN ~
THIS AGREEMENT, made and entered into this ~ 5 day of December A.D,, 2009,
by and between Cit~flf Denton of the County of Denton and State of Texas, acting through
Geor e C. Cam bell thereunto duly authorized so to do, hereinafter termed
"GwNER," and
Sunbelt Pools Inc.
Io5S5 Plano Road .
Dallas TX 75238
of the City of Dallas, County of Dallas and State of Texas ,hereinafter termed
"CONTRACTOR."
w~TNESSET~: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by C~wNER, and under the conditions expressed in the
bonds
attached hereto, CONTRACTGR hereby agrees with QwNER to commence and complete
performance of the work specified below:
Bid 4440 water works Slide Re lacement
in the amount of 355 226 and all extra work in connection therewith, under the terms as stated in
the General Conditions of the agreement; and at his for their} own proper cost and expense to
furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and
other accessories and services necessary to complete the work specified above, in accordance with
the conditions and prices stated in the Proposal and the Performance and Payment. Bonds, attached
hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions,
the Notice to Bidders Advertisement for Bids}, and instructions to Bidders, as referenced herein
and on file in the office of the Purchasing Agent, and in accordance with all local, state and federal
laws; and plans, which includes all maps, plats, blueprints, and other drawings and printed or
written explanatory matter thereof, and the Specifications therefore, as prepared by:
Parks and Recreation staff and C.T. Brannon Co oration
all of which are referenced herein and made a part hereof and collectively evidence and constitute
the entire contract,
CAI
. . . . . . . . . . . . . .
Independent status
~t 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 Cit of
. y, Denton, Texas, for the purposes of zncome tax, w~thhold~ng, 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,
Indernnzf~cation
Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at
its own expense, Gwner, its officers, servants and employees, from and against any and all claims or
suits for property loss or damage andlor 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 aff cers, agents, employees, subcontractors, licensees or
invitees, whether or not caused, in whole or in part, by the alleged negligence of the off cers,
servants, employees, of the GwneL Contractor likewise covenants and agrees ~o, and does hereb . Y~
~nde~mnify and hold harmless Owner dunng the performance of any of the terms and conditions of
this Contract, whether arising aut of in whole or in part, any and all alleged acts or omissions of
off cers, servants, or employees of Gwner, The provisions of this paragraph are solely for the
benef t of the parties hereto and not intended to create or grant any rights, contractual or otherwise,
to any other person or entity.
Cho'ce 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 com fete all work within the . p
time stated ~n the Proposal, subject to such extensions of time as are provided by the General and
Special Conditions.
The awNER 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 Cantract.
CA-2
.
Right to Audit
The QwNER shall have the right to audit and make copies of the books, records and computations
pertaining to this agreement. The CQNTRACTOR shall retain such books, records, documents and
other evidence pertaining to this agreement during the contract period and five years thereafter,
except if an audit is in progress or audit fitadings are yet unresolved, in which case records shall be
kept until all audit tasks are completed and resolved, These books, records, documents and other
evidence shall be available, within 10 business days of written re nest. Further the
q s CQNTRACTQR shall also require all Subcontractors, material suppliers, and other payees to retain
all books, records, documents and other evidence pertaining to this agreement, and to allow the
OWNER similar access to those documents. All bool~s and records will be made available within a
5~ mile radius of the City of Denton. The cost of the audit will be borne by the QwNER unless the
audit reveals an overpayment of l % or greater. if an overpayment of l % or greater occurs, the
reasonable cost of the audit, including any travel costs, must be borne by the CQNTRACTQR
which must be payable within five business days of receipt of an invoice.
Failure to comply with the provisions of this section shall be a material breach of this contract and
shall constitute, in the QwNER' S sole discretion, grounds for termination thereof, Each of the
terms "books", "records", "documents" and "other evidence", as used above, shall be construed to
include drafts and electronic fides, even if such drafts or electronic files are subsequently used to
generate ar prepare a final printed document,
CA-3
. - - - - - - . .
IN FITNESS ~IIERE~F, tie parties of these presents have executed this agreement in the
year and day first move v~ritten, .
EST:
- ` ~ , . Ci of Denton
O~VN
i..,~.
SEAL}
ATTEST:
CaNTRACT~R
1
MAILING ADDRES S
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ITA BURGES S ITY AT aRNEY . YY ?f ^Wi, Y~4i~S ' ~ s
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, ~ ~ ~ Bond No. 4376735 1 ~ f' T~~ ~
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sureTec Insurance Company ~ ca~~par~tian o~'~~~2ed and c~~st~n~ l~~~x~~r t~~
oi" tai tote ~f Texas , ni~d f~ll~~ ~trt~~o~i~cc~ ~r~ tr~~~~~G~ h~siaa~~s in t1~~ t~t~
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or~~~~i~~d ~~~d ~~i~t~r~~ under t~~c 1~~~~~~ of t~~~ ~It~ta of T~x~~,1~~a~~in~fter c~~~~cd ~~n~~~, i~a
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tjc undart~~ki~~~s, cavc~~a~~t~, ~c~nd~tiaa~s a~~~ ~~~~•c~naants of ~~i~ ~an~~~~~t ~n
ac~o~fd~~~~~:a u~~t~l 11~~ l'~~u~s, cci~~~tan~ ~~~d ~a~~t~ylct ~c~~~~~~t~ts d~~ri~~~ ~.1~~ dri~~~~~l t~~•~
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farce ~nc~ cf~`e~t.
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~la~~ lie irr l~er~taa~ ~~~rnt~~, true o~~r~~e~~s.
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ete~
rl~l~is ~ar~l Rivera ~~~r~sr~~r~t is ~l~e proti~~~l~rr~ a~ ~xia~~aier~ ~~5~ of ~1~~ 'Tex~is ~av~r~~~~~~r~~
~~~1,~, ~r~ frr~~G~~t~e~l, rrn~i an~~ atl~~~t ~r~1~1:~~l~re st~tut~s tl~~ ~i~rte Te~sM
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~rry ~~~clr~isii~ natiee~ ~~~y lie ~eliv~r~ecl l~n~l ~r~ ~~l~a~~~
~e~v~ee ~~r•oc~e~ r~a~~}~ lac had ire »~rrti~rs ~~ti~ir~~ c~~it aC s~rel~ sur~Gty~~~, ~s ~ravi~~~ 1~y ~~ti~l~
l 1 a~ tla~ rr~~~rrrr~ce ~~de, errtnr~'s `~nr~ntat~~l evil 5trrtutes ~f'tl~~ ~tt~tc a~~ Texi~~,
l ~T~~~S l~R.~~l~; ibis ~r~st~trm~~~t is c~ccut~~l ire l'a~rr ease c~el~ ot~~ o~ l~icll
shall lie cieeme~l an ar~~in~~l, this tl~c 2 s tom. ~~~y al' December , 2 0 0 9
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T~~e ~e~~~len~ ~~.~;~nt c~C ~1~~ ~tr~~ety I~~r~tc~ir ~r~trut~~, Texas ~ar~ ~l~liv~r~, r~~tiee end ~er~ic~e cif
tl~e ~~r+~~+~~~
Michael Ross soy Wooasiae Ct , H, ~.,,hland '
Mailing Address
~Tl~~~l~~~' 301o LBJ Frwy, , Ste, 920, Dallas, TX "~52~3.4~275`4
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tla~ ~t~te nC Texas ,and T~~~~y t~utl~o~~i~~d t~. tc~~~as~~
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A ~ree~aa~~at ~~vl~iela i~a~rec~e~ llae !~oa~tl+~~~ ~~~+i~e, b`~~t 3~~ n~ t~V~~a~ ~~aall ~la~at~~e C~r~er or
~u a ` leine~at~~ Ag~~eera~e~at ~~~lai+~l~ a~e~u~e~ t~~e ~:'n~atr~~et ~r~~e ~lecre~~se tla~ ~~t~~~l s~uaa o~~~~_~~ l~~~c~,
A ~ ~~I~~I~ T~ l~A.~~' ~A~~~f~ i~` c~n~a~itinaa~~l ~`~~ln~vs; lae~e~ tae ~'ri~ici~~ l 1T _ ~
~tcre~ ~~atn Gert~~ix~ C"~~r~t~~act i~le~ati~e~ la C~~~di~~ae~ I~~~na~er ~~~~~~~1~3 ~~~itla tl~~ ~~~y u" tla~ ~~ur~ d~te~l tae 1 ~ cl~~ ~ n~"I~eLe~~l~ei~ A.l~,
D~~~~r 1~id ~~~~~~~1 !~L~~~te~~ ~ar~~ ~Ii~~e l~~tatn~~,, _ ~
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~~~.~F~L if t~~e ~ri~~e~ ~~~a11 ~~~11 ~u~ ~ ~~r~~l ~~~it~af~~~~ per'~rna i1~ duties T~ ~ ~
aaa t ~nel~t to itli ~eCSn11~ ~T~aSa S~~a~~n1~tT~etnl"S, C~IC~~r~t~n~l~ €~[a~ G~~~rn71~~~, ~a~~d aaa~l~e ~aa n p 1 I
~ ~~~~nr ~d1n~+ taa~tea~i~l in ~l~e ~~~asec~uti~t~ ~C'tl~e ~~~orh ~rc~~icl~~ fir i~~ said ~pntr~x~t
~~~a ~~acl ~~~1 autlaori~cl zn~~~ilic~~tic~~~s s~~~~ ~~~atr~~~~ tart ~~~ay 1~e~~ea~er ~e ~~~~de, ~a~~~ce
. ~ ~ : , ~~~aic~a ~~~e~li~e~atia~~s to the ~~~ret~~ lie~~~~ la~reb~r e~~re~~l~~ ~~~aa~~d,11~e~~ tla~s ~bi~~~tin~~ ~~a~1
paid" ntl~er~~vise s~~t~a1 ~~~~~a~ixa i~a f~~l Cr~rcc ~~x~~l ~f~'e~t.
F~1~"~`~~~ tla~~ i~` 4a~~ ► le ~i ~~ctin~~ ~~e ailed ca~a ~l~i~ ~nr►d, exclusive v~~au l ~ ~ ~
s1a~~~1 die ~za ~eE~tn~a ~~u~at~y, `~e~~ns,
~ ~~1~~~~ FUI~EIY~I~f~ tla~t tl~e ~~~id ~ur~i , fn~* ~v~ue ree~i~ved, l~~~jcl~y sti~ul~~ A~ ~ ~ ~
d kt ~l"des i~~t ~~a c:la~~a ~ exte~asio~~ n~"tita~e, a~~e~~~jtinn ~dditi~u tlae tez~ ~~"~lae ~a#~lr~c;t}
nr ~n tl~e n~,lc to ~e l~~r[~~~~a~ed tlae~~e~rncier, na` ~n taae ~l~uas, ~peG~~c~tln~ls, 1~~~~wi~a~~, ele;,
{~ec~~a~ ~ is ~ tl~e sa~~ac, ~laall i~a axa~r~vi~e ~~l'fect its nlali~ati~~~ o~~ t~i~ ~~n~ad, dad i~ d~~s ~~~r~~y 1 ~ ~
e ~~~tit~~ of aa~ suer ela~i~'e~ cxtensi~~a o~ ti~~~e, ~~~ter~ti~ata o~+ add~tinr~ ~ tl~~ ter~n~ of ti~~ w~ ~v y ~
~.'nntr~ae~, or to tl~e ~~a~`l~ ~n l~~ laerCn~rMa~ed ~lae~~~~~n~l~r, n~ fn ~lae 1'lata~, ~~~ctf~~a~t~~~a~, fr~~~~~a~~~
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~'~us ~a~~~ ~s ~~~e~~ p~u{~~~t~~t to ~l~e ~~~~~►isians of C~l~~~~~~~° a~`1 t~~e '~'e~~s ~io~e~~x~n~~~~t
~,'a~lc, ~s ~~n~nc~ec~, ~n~~ ~n~~ a~~~ez~ ~~~~~~1~~a~~e ~t~~~i~c~ ~t~te of ~~~~~s,
~IRI~c t~n~er~~~~~e~ ~~i~l dc~i~~~~~~c ~~e~~t ~ I~cre~}~ ~c~j~a~~~~c~ day ~~~~~e~~ h~r~in ~i~ tla~
p~e~i~~ci~~ ~~en~ I~c~~tu~~ ~a~nty ~r~ ~~~l~am ~c~uisite nc~ticc~ ~~~y be ~e~ivrec~ an~~ on ~yl~anl
sci*v~GC ~ ~~~•nces~ n~~~~~ ~~a ~~~ci ifs n~~rt.te~r~ ari~ir~~ art off' ~ucl~ ~uz•ct~~, as ~~•~~~~c~rl Uy A~~ic~~ 7, ~ ~-l
a~tlae 1~~~~rance ~'a~c ~e~~at~'s ~1~~~~~~~~ec~ ~~~til ~t~~~~tes af'~~~e ~t~tc of ~"cx~~
~~rrfN~~~ ~~~~~I~, ~~~is ~~~s~r~t~~~i~~ i e~~c~~~~~~ i~~ fc~u~ cr~~~e ~ ~~~1~ and oaf ~~i}~~~~~
s1~~~1 ~~c deemed a~~~i~~~~, ~l~~ t~~~ ~~th ~~ny ~f December ~ X009 ,
Sunbelt Poo s, Inc, „atc.^. mzYn,u,~
~y~' rNC~ ~ f
is3~~~~~~f
~ ! SureTec Insurance Company
~ }
~ . r f L sa _Borha~.
Pauline L Les
~I~e ~~e~den ~,~~~t r~" ~~~~~ety ~~~l~ta~~ ~~~~~~~y Te.~~~~ f~~r• c~~li~~~y ~~'t~a~~ee and ~ar~~cc Q~'
~l~c ~aa~~ac~s
~,~~,~1; Michael Ross 805 Woodside Ct , , Hi `bland Villa e, ` 'TX 7077
Mailing Address
'~I~~~~f ~~DT~S~ 30.0 LBJ Frw Sae. 920 'Dallas 'TX 75234~~75Q
a~' l~~r~~a~~er~~ ~o~rr~ ~~rr~s~ ~~~r1~~ ~~,f' 'vr~~trkc~~~~, ~~~s~~j~~ ~fe~~t ~~ol
~'or`~~nr'~rt~ulr~ ~'11j~~ ~~cr`sntr rS' rrc~rrr~,
~
. . . . . . . . . . . . . . . . .
SureTec ~nsur n e nl a c Com a ~y
THIS BLIND RIDER CONTAINS IMpGRTANT OVERAGE 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
973? Great Hills Trail, Suite 320
Austin, TX ?'8159
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
PG Box 149194 Austin, TX 75714-9104
Fax#; 512-475-1771
~IIJeb; hppt;llwww,tdi.state,tx, us
Email: ConsumerProtection a~tdi,state.tx.us
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or
about a claim, you should contact the Surety first, if the dispute is not resolved, you may
contact the Texas Department of Insurance.
_~..~~..w.._~._-___..______________..........-__..~__....-.........._-_.._____..__................-..~.-.._..--~._______--_____._____..__...._.._..~.~_.._~..._...._-.._..
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,
bia-hazards, hazardous materials, environmental spills, contamination, or cleanup; nor the
remediation thereof, nor the consequences to persons, property, or the performance of the
bonded obligations, of the occurrence, existence, or appearance thereof.
POA 422 ~ a29
I~INII'~~D PtJw~~ AT'T~ ~Y
.~txatt' Ali 11~.~~rt ~y ~`lr~s,~ ~~r~se~rt~, That S~JRETEC INSURANCE C~MPA~I the "Company"}, ~ co~poratian d~tly organised and
existing under ~e laws the State of Texas, and 17aving its p~inc~p~l a~~ice in Houston, Harris County, Texas, does by these presents
make, constitute and appvi~tt
Clem F, Lerch, Pauline L, Lerch, teven'~, Lewrs, Allen Sparks, Michael Ross, Eric Lerch, Lisa Borhaug
its true and lawful Attorney-in-fact, with fitll power and authority hereby conferred in its name, place and stead, to execute, acknowledge
and deliver any and all bonds, recognizances, undertakings or ether instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety, providing the band penalty does eat exceed
Five Million Dollars and no110D ~~S,DDD,DDD.DD
and to bind the Company thereby as fully and to tl~e same extent as if such band were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and conlirnaing all that the said Attorneys)-in-Fact may do in the
premises, Said appointment shall continue in force until 12/31/11 and is made under and by authority of the following resolutions of the Beard of Directors of the SureTec
insurance Company.
~c it Resolv~cl, that the President, any Vice-President, any Assistant Vice-President, any Secretary or at~y Assistant Secretary shall be and is
. hereby vested with full pawer and authority to appeint any one or more suitable persons as AttorncY~s}-in-Feet to represent and act Cor at~d on
behalfaf the Campany s~~bject to the fallowing previsions, Att~rx~y-i~r-~"ac! maybe given full paver and authority for and in tl~e name ai` and of behalf of the Company, to execute,
acknowledge and
deliver, any and all bands, recogr~izances, contracts, agreements or indemnity and other canditianal or obligatory undertakings and any and all
notices and docun~ents canceling ar terininating the Company's liability thereunder, and any such instruments sa executed by any such Attorney-in-Fact shall be binding upon tllc
Company as ifsigned by the President and sealed and effected by the Corporate Secretary,
Be i~ ResoJ~ecl, that the signature of any authorized officer and~seal of the Campany heretofore or Hereafter affixed to any pawer of attorney or
any certificate relating thereto by facsimile, and any power ofattorney or certificate bearing facsimile signature ar facsimile seal shall be valid
and binding upan the Campany with respect to any bond ar undertalting to which it is attached, {Adap~cd ~t a m~~tirr~ J;eJci< are ~0~~ of ~pr~iC, r~~~,~
,err ~'~trress ~f'~xer~o, f, SUftETEC INSURANCE CCMPAN~ has caused these presents to be signed by its President, and its carpot~ate seal to be hereto affixed this 28th day of October,
A,D, 2aa8,
g
a 4~s~. ` +A
4 r
State of Texas ss: ; ~ ; . .
rrryy r County a#` 1?Iarr1S F'.,'
~yl~~ya~i`Sgt y,~i~~riSi~~-~'
On this 2~h day of actaber, 240 before mG personally came B,J, ding, to me known, ~vho, being by me duly sworn, did depose and say, that he resides
in Boustan, Texas, that he is President of SURBTEC INSURANCE COMPANY, the cpinpany described in and which executed tl~e above instrument; that he knows the seal of said Company;
tf~at the seal affixed to said instrument is s~ECh corporate seal; that it vas so affixed by order of the Beard of
Directors of said Compa~7y; and that he signed his name tl7ereta by like order. .
~~i ~~nnY
~ of ~~x~s
r
Michelle Denny, iV'ofary ~ lie
ivy col~.irilSSlon expires August
1, l~. Brent Beaty, .Assistant Secretary of SUItETEC INSUkANCE COMPANY, do hereby certify that the above ar~d foregoing is a true and correct copy
of a Power of Attorney, executed by said Compa~ty, 4vhich !s st~l1 ~j, h~(; force and effect.; r~r~d furthermore, the resolutions of the Board of DjreCtars, sec a~~t in tl~e Power
afAttorney are in full force a~~d effect.
Given under my hand and tl~e seal of said Campany at Haustan, Texas this _~Sth day of ~ DPo~mb~~r , 24 ~9 , A.D.
M. Brent Beaty, Assis ant Secretary
Any instrument issued in excess of the penalty Mated above Is totally veld and without any validity
Far verification of the authority of this pawer you may call i7~3~ ~t?'~~~C7 any bus}Hess day between 8:~p am and S;U~ pm CST,
. - - - - - - - .
CITY ~F DENTIN
INSURANCE REQUIREN~ENTS FAR C®NTRA►CT~RS
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 did submission the availability of insurance cert~cates and endorsements as prescribed
and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualiped from award of the contract, ~Tpon
bid award, all
insurance requirements shalt become contractual obligations, which the successful bidder
shall have a duty to maintain throughout the course of this contract,
STANIaARD PRwISI(~NS:
Y~ithaut 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 nati zcation 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
clan zcation 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
moth red 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 snarl comply
with the following general sped nations, and shall be maintained in compliance with these
general sped zcations 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.
C~~9
. . . .
• That such insurance is primary to any other insurance available to the
additional insured with respect to claims covered under the policy and that this
insurance applies separately to each insured against whom claim is made or
suit is brought, The inclusion of more than one insured shall not operate to
increase the insurer's limit of liability,
• Cancellation: ~'he City requires 3o day written notice should any of the
policies described on the cert~cate be cancelled or materially changed
before the expiration date,
• Should any of the required insurance be provided under a claims~made form,
Contractor shall maintain such coverage continuously throughout the term of
this contract and, without lapse, far 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 rewired 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 far
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, zf insurance is not reinstated, City~may, at its sole
option, terminate this agreement effective on the date of the lapse.
CI ~ I0
. . . . . .
SPECIFIC ADDITIGNAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shalt additionally
comply with the following marked specifications, and shall be maintained in compliance with
these additional speci~catians throughout the duration of the Contract? ar longer, if so noted.
.x] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $1,000,00.00
shall be provided and maintained by the Contractor, The policy shall be written on an
occurrence basis either in a single policy or in a combination of underlying and
umbrella or excess policies.
~f the Commercial General Liability form ~~SC] 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 farm X154 Form GL D002 Current Edition and
SSG 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 CCU} exposures.
• Broad form contractual liability preferably by endorsement} covering this
contract, personal injury liability and broad form property damage liability,
Automobile Liability Insurance: ,
Contractor shall provide Commercial Automobile Liability insurance with Combined Single
Limits ~CSL} of not less than ~500L40U.00 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,
(^'.T~i1
. - - - - - -
''Yorkers Compensation Insurance
Contractor shall purchase and maintain worker's Compensation insurance which, in addition to meeting the minimum statutory requirements far issuance of such insurance, has
Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease, The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
.performed for the City by the Named Insured, For building or construction pro] ects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096
of the Texas Labor Code and rule 2$TAC 110,110 of the Texas worker's Compensation
Commission ~T~wCC}.
~ ] 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 insurrance 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 contractar 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' Risl~ Insurance, on an All~Risk form for 100°/a 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.
r~r _ 1 ~
N-/1 JL fd
~ ~ Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery insideloutside
the premises, burglary of the premises, and employee fidelity. The employee f delity
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 "Specif c Conditions" of the contract specifications.
Ci ~ 13
. . . - - - - - - - - - - - - -
ATTACI~rME1,rT i
[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 certif sate
of authority to self insure issued by the commission, or a coverage agreement ~TwCC-
S 1, TwCC-82, TwCC-S3, ar TwCC-~4}, 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 cantractor'slperson's work on the project has been completed and accepted by
the governmental entity.
Persons providing services on the praject ~"subcontractor" in §4o6.a96} ~ includes all
persons or entities performing all or part of the services the contractor has undertaken to
perform on the praject, 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, ar employees of any entity which
furnishes persons to provide services on the project. "Services" include, without
limitation, providing, hauling, or delivering equipment ar materials, or providing labor,
transportation, or other service related to a project. "Services" does not include
activities unrelated to the project, such as foodlbeverage 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 Lobar Code, Section 4al.oll~44} for all employees of the
Contractor providing services on the project, for the duration of the proj ect.
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 certif cafe of coverage ends
during the duration of the project, the contractor must, prior to the end of the coverage
period, f le a new certificate of coverage with the governmental entity showing that
coverage has been extended.
E. The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity;
CI -14
- - - - . .
1 } a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for
all persons providing services on the project; and
2} no later than seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the prof ect,
F, The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
The contractor shall notify the governmental entity in writing by certif ed mail or
personal delivery, within 1 ~ 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 prof ect,
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 rovide p
services on a project, to:
1} provide coverage, based on proper reporting of classification codes and payroll
amounts and ftling of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.Qi 144} for all of its employees
providing services on the project, for the duration of the project;
provide to the contractor, prior to that person beginning work on the pro ject, a
certificate of coverage showing that coverage is being rovided for all em to ees of p py
the person providing services on the project, for the duration of the prof ect;
3} provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
4} obtain from each other person with whom it contracts, and provide to the contractor:
a} certificate of coverage, prior to the other person beginning work on the project;
and
b} anew 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;
C~ ~ l~
. .
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 erform as re aired b p q Y
paragraphs ~1} - ~7}, with the certificates of coverage to be provided to the person for
whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of coverage,
the contractor is representing to the governmental entity that all employees of the
contractor who will provide services on the project will be covered by worlfers'
compensation coverage for the duration of the proj ect, that the coverage will be based on
proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance carrier or, in the case of a self
insured, with the commission's Division of Self insurance Regulation. Providing false
or misleading Information may subject the contractor to administrative enalties, p
criminal penalties, civil penalties, or other civil actions.
K. The contractor's failure to comply with any of these provisions is a breach of contract by
the contractor which entitles the governmental entity to declare the contract void if the
contractor does not remedy the breach within ten days after receipt of notice of breach
from the governmental entity,
CI ~ 16
- - . . . - - - - - -
~®NFLICT CAF INTEREST QUESTIONNAIRE ~ F~RII~ ~IQ
For vendor or other arson doin business with local overnmental entit
This questionnaire reflects changes made to the law by H.~. ~49~, SOth Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with chapter ~ 76 of the Local Government Code by a ~~t~ R~~~~y~d
person doing business with the governmental entity,
By law this questionnaire must be filed with the records administrator of the local government not
later than the 7th business day after the date the person becomes aware of facts that require the
statement to be filed, See Section ~ 76.DD6, Local Government Code.
A person commits an offense if the person violates Section 176,DD6, Local Government Code. An
offense under this section is a Class G misdemeanor,
1 Name of person who has a business relationship with local governmental entity.
2
.Check this box if you are filing an update to a previously filed questionnaire.
The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7t~ business
day after the date the originally filed questionnaire becomes incomplete or inaccurate,}
3
Name of local government officer with whom filer has an employment or business relationship,
Name of 4~ficer
This section, item 3 including subparts A, B, C & D}, must be completed for each officer with whom the Viler has an employment or other business
relationship as defined by Section 975.OQ~~~-a}, Local Government Code. Attach additional pages to this Form C1Q as necessary.
A. is the local government officer named in this section receiving ar likely to receive taxable income, other than investment income, from the
filer of the ques#ionnaire?
Yes No
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the
local government officer named in this section AND the taxable income is not received from the local governmental entity?
Yes ❑ No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the focal government officer
serves as an officer or director, or holds an ownership of 1q percent or more?
Yes ~ No
D. Describe each affiliation or business relationship.
4
Signature of person doing business with the governmental entity Date
Adapted os12912DD7 -,~r,-.
my - 1
ft~/ _
O'~
Purchasing Department
901-B Texas St. '
Denton, TX 76209
(940) 349-7100 www.dentonpurchasing.com
Bid #4440
Water Works Slide Replacement
BIDS DUE: DECEMBER 3, 2009
2:00 P . iVl .
Questions concerning this bid should be directed to:
Bid Submission Procedures: Technical Specifications:
Tom Shaw Tom Klimko
Purchasing Agent Parks and R~c:reati~~i
(940) 349-7100 (940) 349-8805
Bid submitted by:
SUNBELT POOLS, INC.
Company Name
- - - . - .
.
.
• S + F~{ '~3~ E... 4: .5.~.~..t
~ ~ti _ 4 [ _
SID BOND
KNOW ALL MEN BY THESE PRESENTS, that we Sunbelt Pools; Inc, as principal, hereinafter called the
Principal, and SURETEC INSURANCE COMPANY, 9731 Great Hills Trail, Suite 320, Austin, TX 78759, as Surety,
hereinafter called the Surety, are held and firmly bound unto ~ City of Denton___ as obligee, hereinafter called the
Gbligee, in the sum of Five Percent of the GreatestAmount Bid ~5°/0} for the payment ofwhich sum well and truly to be
made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS, the principal has submitted a bid for vvater Works Slide Re lacement ~ #4440
NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the eventof
the failure ofthe Principal to enter into such
Contract, if the Principal shall pay to the Gbligee the difference not to exceed the penalty hereof between the amount
specified in said bid and such larger amountforwhich the Gbligee may in good faith contract with another partyto
perform thework covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and
effect,
PROVIDED, HOWEIJER, neither Principal nar Surety shall be bound hereunder unless Gbligee prior to execution of
the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that
financing has been firmly committed to cover the entire cost of the project.
SIGNED, sealed and dated this 3rd day of December , 2009.
Sunbelt Pools Inc. tPrincipal}
BY~
TITLE: .
S~~eTec Insurance Cv~ an r
BY:
Pauline L. Lesch , AttorneyMin~Fact
. .
i' r•.
S u re~T~ ~ I nsuranc~ ~~m an
p Y T>~i~ BAND RiD~R. C~i~TAIN~ iMP~RTANT Ct3V~~p.G
~ ii~F~RMATi~N~
Statutory Complaint Notice
. To obtain information or make a complaint: You may call the surety's toil free telephone number far information o make a complaint at;1-8fifi-732-0499, You may also write to the
Suret at; ~ r to
Y
SureTec Insurance Company
9737 Great Hills Trail, Suite 320
Austin, Tx 78759
You may contact the Texas Department of Insurance tv obtain information an com anies coo
at ~ -840-25z-3439. You ma write the Texas De a P erage, rights or complaints Y p rtment of Insurance at:
P4 Box ~ 49 ~ 04
Austin, TX 78714-9 ~ 04
Fax#; 512-475-1 T7 i
Web: http:llwww,tdi.state.tx.us
Email; ConsumerProtection@tdi.state.tx.us
PREMIUM ~R CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim ou should
.y rnntart the S~!rety first, If the dispute is not r?solved, you may rnntart the Texas Department of Insurance,
rr.. r ~--Mr rrrw err -..r~.-w ---+rrrr~-..--.r.r rr--w..rr -w-..~r...rwww.~rrw...r-r..rr-...~.r~wrw..rr. w..rr- ~r.r r r r-...~...rr-.w rr-~.w wry rr rr.rr-..rr r-r.rr ~..~~rr~.rr~-r
rw.r-ter
Terrorism Risks Exclusion
The Bond to which this Rider is attached does not provide coverage for, and the curet shat! not be liable f
caused by acts of terrorism, riot, civil insurrection, or acts of war, y or, losses
..__.~-___..._.____~_..__...__.~,....,~.._._-~-.._-~w__-._
Exclusion ofLiability for
Mold, Mycotvxins, Fungi 8 Environmental Hazards
The Bond to which this Rider is attached does not provide coverage for, and the curet thereon shall n molds, living or dead fungi, bacteria, alter ens histamines y of be
liable far,
9 ~ , spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental s ills
contaminati
cleanup, nor the remediation thereof, nor the copse uences to ersons ro p on. or q p , p perty, or the performance ofthe bonded
obligations, of the occurrence, existence, or appearance thereof,
. . . . . . . . . . . . . . . . . . . . . . . . . .
, t r
~ ~ PDA 4221029
~.~~sa~ 1~`~►t ~y. ~'~t~s~ ~'t~e~e~~~s, That ~~R~T~~ ~S~A~C~ ~~MP.A~ {~a~ ~;~~rnpa~y,~~~ ~ ~a~parat~an duly arantxed ~a~d .
. ~ existing,uader the haws taf the ~t~t~ T~~~s, aid h~v~~g its px~tacipa~ voe in Huston, Barris Jaunty, Texas, does by these ~r~sen~
make, constitute and appoint ~ • ~ .
Clem F. Lerch, Pauline L. Lerch, Steven w, Lewis, Allen Sparks,. Michael Ross; Eric Lerch,. Lisa Borhaug
. ~ its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and~stead, to exectite, acknowledge
and deliver any and all bonds, recogni~ances, undertakings or other instruments oi• contracts of suretyship to include waivers to the
conditions of contracts and consents of surety, providing the band penalty does not exceed
Five Million Dollars and noll00 ($S,00o,0Q0.00} ~ -
and tobind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of~the Company end duly attested by .its Secretary, hereby ratifying and confirming all that the said Attarney(s~~in~Fact may do in the
premises. Said appointment shall continue in_force until 121311] 1 , and is made under and by authority afthe following resolutions ofthe Board of Directors of the SureTec
Insurance Company; '
t# ~~so1~'~d, that the t'rest.dent, y V~ce~.FreStdent, any Assistant vice-President, any ~ec~etary •or any Ass~s~nt 5ccretary sllatl be and lS
h~reb~r ~►~stcd wig fall poorer and authority to appair~t any one a~ more suitable pcrs~ns as Att~orn~y~s~-in-`act to represent and .act for a~~d ox~ . ~ .behalf of tho Co~~pany
sub feet to. the following provisions; . ' ~ ~ ~ ~ - . ~ ~ ~ '
,~tt~rri~in-~"acC may be given ft~11 power and antho~ky for and in the tame of and, p~ behalf ~af the company, to ex~ct~te; acknowledge az~d
de#aver, any and all bands, recognixances, contt~ets, agreements tax i~ademtaity and other .conditional or obligatory undertakings and any and all . naticcs aad documents c'af~celin~
ar ternvnating the C`ompany's liability tl~ereunder, and .arty. such insh~ments sa executed ~y arty saG1~
Attarneyµin~Fact sha11 be b~ndutg upon the ~omparty as ifsigned by the President and sealed and eff'eeted by the ~arporate Secretary.
,fie resolved, that the signature of any atttharid officer and seal of the ~atnpany heretafo~re o~ 1~ereaftcr a1'f~ed to any power ti~ attorney or
any certificate r~latirtg theret€~ ~y facsimile, duel shy power of attvr~~ey ar certificate bearing fac~in~le signature ar facsimile seal shalt be valid and binding upon the Cat~pany
with reset to arty bond ar urtdertalcing to which it is attached, {~dopt~d ~t ~ n~cetitl~ held vii ~Z~'' o~',~~rtl, .
~999.~
~rt~~~~~ ~~'f~e~~r~, f, SL~.~T~G T1~~URA~~~ ~~M~'A~ l~a~ car~sc~d these presents to t~~ signed by its P~osid~nt, and its corpot`at~ s~~
to b~ hereto fixed this 2~ day o ~ctaber, A,~, ~pQ~.
V'~~~'" " ~''3
f3. .4 Lk~°s' t~` 4 ~ r . a
State of T~x.~~s ss:. ~''4, : ~ s
' ~VV11ty O.f"~~~~5 ~ ~~t4~c•f.inf~,Y• ~.i~~ `'.,ay~a ,y~'
~n this 2~h day of October, ~~i38 before me personally came B,.l'. King, ~ me known,.who, berg by xne ditty sworn, did depose and say, that he .resides
. ~ iri ~opston, Texas, that h~ is ~r~sadent of SR~xI~~ fNSUR~NCIJ ~~M~A~, e ~~napauy ~d~sGribed in and which executed, the above inst~ment;
. that he knows, the seal of said +Co~pauy; .that the seal affix to said instturrt~t is such c;cuparate seali that it gas so mixed by order of the Board of
I~irectars ~f said Cornpar~y; arrd that he s~grred has name thereto by like order, ~ ~ ~ ~ - .
~ ~ '
~~~che~~~ ~~~~y, ~ata~y ~ c
. .My Gon~~n~sston expires August ~0 t 2
I, M~ Bent Beaty, Assista~€t Secretary ot',S~RET~C ~S~ANC~ C~MI'A~`, d~ h~rcby certify #i~at the abave~and ~'oreggir~g a ~e and conre~t co
pY at'a power of Attorney, e~cecuted by said Carnpany; which is sti11 in t'utl I'aree and effect; grid fttrthenrtore, the resolutions ofthe Board of ~irectt~rs,
set
out zn tt~e Power c~t`Attamey gre rn fu11 torte at~d ettect,
- liven under y hand and the seal of said ~ampany ~t vastnn,Texas #his • 3rd day a~ December , 2~~9 , A,D,
l~ ~~eatt ~at~, ~~s ~+~eretary
Any instr~€nt~ent 1~~u~d in e~rc~~~ o~ the penalty ~tat~d aba~re i~ #atally, veld artd wltht~ut any v~lldlty. 1"ar verification of #ho au#br~~ty ct~ ~i~ parer ynu€ may ~a11
~~~~g~~ ncty b~slns day b~twrt a~ ~n~ ~:~4 pm C~~~
TABLE C~~ ~~L~TENT~
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`~h1s Tablo of ~onfenfs fs ~r~~anded a~ an aid ~o ~~ddars and not as ~ comprefrer~s~va lisfin of ~f~e
r ~ bid packa~o, B~ddar~s are respons~b~o far read~t~~ ~f~o entire bid package and corn~lyita with a1~
i. r ~ 3~~C~f1Caflo~?Sr
N~TIGE T~ ADDERS
B I D N C .4440
Sealed bid proposals addressed to the City of Denton, Purchasing Departmentwill be received a#
the office of the Purchasing Agent located at 909 -B Texas Street in the Purchasing Department on
the second floor of the Service Center Complex until 2:00 p.m. on December 3, 2009 for the
purchase of construction services for water works slide replacement in Denton, Texas, as follows
per bid instructions and specifications:
did No. 444o~-1Naterworks Slide Replacement
Bids will be publicly opened and read aloud. Bids received later than the specified time and date will
be returned to the bidder unopened. The bids will then be officially reviewed and awarded by the
City Council as soon thereafter as possible.
All bid proposals must be made on the printed document forms included in the specifications. The
submitted bid shall notbe altered, withdrawn, orresubmitted within sixty X00}days from and after
the date of the bid opening. Bidder shall submit one original and one copy oftheir proposal,
Qualified prospective bidders may obtain copies of the bid invitation with information to bidders,
bid proposals, plans, and specifications at the office of the Purchasing Agent, located at 909-8
Texas Street, Denton, Texas, atthe Service CenterComplex, upon non-refundable deposit in the
form of a check, money order or cashier's check in the amount oftwenty ~$20.Q4}dollars per set.
Cash will not be accepted.
Each bid must be accompanied by a cashier's check, certified check, ar acceptable bid
bond payablewithout recourse to the City ofDenton, Texas in an amountnotless thanfive
percent ~5°/~} of the bid submitted as guarantee that the bidder will enter into a contract and
execute any required bonds, and insurance certificate within ten 4~ days after the
notification of the award of the contractto the bidder. All bids received withoutthe above
will be rejected and considered nonresponsive.
Contractorshallfurnishproof ofinsurance priorto bid award in theformofan insurancecertificate
to the Purchasing Department.
The City of Denton, Texas reserves the rightto rejectany and al! bids and informalities, unless all
bids are rejected, and award will be made to the lowest and rncst responsible bidder.
Minority and small business vendors or contractors are encouraged to bid on any and all City of
Denton projects.
CITY OF DENTIN, TEXAS
Purchasing Department
909-B Texas Street
Denton, TX 16209
Clo Tom Shaw, C.P.M.
Advertisement to run November 97, 2009 and November 24, 2009.
. . .
CITY OF DENTON
BID FOR WATER WORKS SLIDE REPLACEMENT
~ i?. a ri"3 ~ °u.,: ~a^ ~titar' rarer ? _ ~r ~ a,.;r,ti _.yy~+,~ .~~"e~`(`'_+~~', ~t _ ~ry 5 r a.,., l~i c''~..~
f ;Yip ?
~ ..Y., x ~iy~+"t,-'-X~ G.-,i°x. - :k.. ~ ~"n Mex~~~~~,~.-,~F £}~w. 4'F- ~ ~y - M1 i~ 1~ '1,tv , .~°'9=+.c't"-~ ~rs~ k ~ti~' ~ - is ~c
x. ~iC ri-c?a.~i. ',fir- c ~-~x~~ r.. . ~ ~S•wn a~t,,.~ ~-r'.r~f"~t ~sT+^7. Y 7+ ` '4 ~ ~ .4 F, 'F"i F 'y ,.~r Y'Z~ rs ~JF:
i~^ s"-~ ~'~t' } ~ ;~O +y ax ,~-yy}r`S' L'+I ~ '~'3=ia ~ X...r,~ ai'
~ ~ ~ ~ ~r~S ~il-f~'' ~ '+-Y~s .a~.~. _ ~~xx: zfr _ r. _ c. ~-n`~r~ ~ ~ 1 =rye.'-. S:-w , wn. _ TOTAL
ITEM QTY. DESCRIPTION IJNiT PRICE AMOUNT
Demolition of existing slide for
1 ~ Thirteen Thousand.. S~.x .Hundred Sixty Six dollars and 666, o~ ~ 13, 666.00
Zero cents lump
sum
Furnish, deliver and install the specified slide configuration for an
2 Allowance allowance of TW4 HUNDRED FORTY THOUSAND AND NOIDULLARS $240,DDQ $24D,DD4 lump sum,
lnsta[l the slide including but not limited to all foundations, concrete
3 ~ flatwork, pumping, plumbing, and electrical, complete and operational far $a.o~, ~~o o~ $l q , 5 6 0 . o 0 One Hundred & one Thousand Fa.ve Hundred & Sixty dollars
and
2era cents lump sum,
Total Bid: $~~~,a26.oo $~~~,~~6, oq
Install 8" SCH 4D PVC collection box drain line to the existing pump pit
Alt ~ ~ as shown on the plans, complete and in place for $ ~ , ~ ~ o , a o $ 9 , 9 5 4.0 0 Nine Thousand Nine Hundred & Fa.ft dollars and
hero Cents lump Sum.
RETURN ONE ~ COMPLETE ORIGINAL AND ONE ~1 } COPY OF EXECUTED BID PROPOSAL
Shipment can be made in days from receipt of order.
*Prices shall be bid F.O.B. Denton
*[n case of calculation error, unit pricing shat! prevail.
Bidder is an authorized distributor, by the manufacturer, and is authorized to sell YES NQ N1A
to the City of Denton?
l~/3/2009 SUNBELT P40LS, INC.
Date gnature of Authorized Representative Company Name
, ~ • PAGE ~ OF BID #4444 Bidders In[tials~
. . . . .
CITY 4F DENTDN
DID FDR WATER W~]RKS SLIDE REPLACEMENT
Special Provisions tv the Bid Items
Item 1. item includes removal of the existing slide flume, flume support structure, columns, arms,
brackets, and foundations. Foundations not obstructing new construction are to be demolished to
a distance of not less than twelve inches under the final grade. obstructions to nevu construction
must be totally removed. The item includes cost of demolition, loading and hauling and all costs
for legal disposal of the materials. Salvage belongs to the Contractor.
Item The entire allowance will be paid to the contractor for the purchase of the slide and
erection of the structure on Cvntractor'sfoundation. Item includesshopdrawings, submittalcosts,
fabrication, loading and off loading, storage, insurance in transit, security, and installation by
manufacturer's approved installer. Item includes flume, brackets, bracket arms, columns,
fasteners, anchors and hardware of any kind necessary to secure the slide pieces together or
anchor it to the Contractor's foundation. This allowance does NAT include cost of foundations,
concrete flat work, electrical and plumbing, pump, drainage and clean up.
Item 3. This item includes all the items ~ofwork shown on the plans or reasonably implied for a complete and functional slide installation including those items N4T included in
the allowance, It
also includes incidental modifications to the existing slide tower platform to accommodate the new
slide entry tub and modifications to the existing slide pump and plumbing to operate the new slide
per the manufacturer's recommendations. It includes the repair of concrete surfaces below and
adjacent to the slide and restoration of other surfaces.
PAGE 2 4F BID #4444 Bidder s Initials
.
CITY CAF DENTON
BID FOR WATER VvORKS SLIDE REPLACEMENT
The undersigned agrees this bid becomes the property of the City of Denton after the official
opening.
The undersigned affirms he has familiarized himselfwith the locaiconditions underwhich thework
is to be performed; satisfied himself of the conditions of delivery, handling and storage of
equipment and all other matters that maybe incidental to the work, before submitting a bid.
The undersigned agrees, if this bid is accepted, to furnish any and all itemslservices 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 anyotherBidder, noranyemployee of the Cityof 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 al! claims for overcharges associated with this
contract which arise under the antitrust laws of the United States,l ~ USCA Section 1 et set,, and
which arise under the antitrust laws of the State of Texas, Tex, Bus, & Com. Code,
Section 15.81, et seq.
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: AIJTHORI~ED REPRE ENTATIVE:
svNBELT PooLS, INC. Signature
14555 PLANO RD Date DECEMBER 3, X049
DALLAS Tx 7 52 3 8 Name RoB MoRGAN
Title PRE S I WENT
Tel, No. 214 343-1133 Fax No, 214 72~-506
Email. Robm~sunbeltpools , com
V~I~PI-lN~r l~~ '
Business included in a Corporate lncorne Tax Return? ~ YES ND
~ Corporation organized & existing under the laws of the State of TExAs
Partnership consisting of
lndividualtrading as
x Principal offices are in the city of DALLAS , Tx
PAGE 3 of BID #4440 Bidder's Initials
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CITY of DENTON
BID FoR WATER WaRKS SLIDE REPLACEMENT
CaMPLETE SET OF aRIGINAL AND aNE ~ CaPY of EXECUTED BID PRQP4SAL
MUST BE RECEIVED IN THE PURCHAS[NG DEPARTMENT AT 90'I TEXAS ST, DENTaN, TX 1~~Q9
~N oR BEFORE DECEMBER 3, X009 AT 200 P.M.
QUESTIGNS REGARDING SPEGIFIGATI4NS MUST BE SUBMITTED IN WRITING TD THE PURCHASING QFFICE FIVE
~5~ WQRKING DAYS PRIOR TD THE BID OPENING. ALL QUESTIONS SUBMITTED AFTER THAT DATE WILL NGT BE
CONSIDERED TG ENSURE ALL BIDDERS ARE GIVEN EQUAL ACCESS TG THE INFORMATIGN PRaVIDED.
All questions regarding the bid and purchasing process should be directed to:
TGM SHAI~V, PURCHASING AGENT Email Tom.Shaw a~cityvfdenton.com
Phone: 4940 349~1~ 00 Fax: ~94Q~ 349~730~
Directions to the Purchasing Department can be accessed atwww.dentan urchasin .com
Click on "Directions to our office"~
All bids includin a "NO BlD" are due in the Purchasin De artment b the due date, in
sealed envelopes or boxes. All bids must be clearly marked with the name of the Company
submitting the bid, the Bid Number and Date and Time of opening on the outside of the
envelopelbox. original bid must be clearly marked "ORIGINAL" and contain all original
signatures. All proposal pages must be initialed or signed where indicated. All bids will be
publicly opened atthe date and time listed above or as soon thereafteraspractical. The Cityof
Denton does not accept faxed bids.
An bid received after the date andlvr hour set for bid v enin will be returned uno ened~
If bidslproposals are sent by mail to the Purchasing Department, the biddershall be responsible
faractual deliveryofthe bid to the Purchasing Departmentbeforetheadvertised dateand hourfor
opening of bids. If mail is delayed ei#her in the postal service or in the internal mail system of the City of Denton beyond the date and hour set for the bid opening, bids thus
delayed will not be
considered and will be returned unopened.
Bids may be withdrawn at any time prior to the official opening. Alterations made before opening
time must be initialed by bidder guaranteeing authenticity. Any attempt to negotiate or give
information an the contents of this bid with the City of Denton or its representatives prior to award
shall be grounds far disqualification. After the official opening, bids become the property of the
City of Denton and may not be amended, altered orwithdrawn withoutthe recommendation of the
Purchasing Agent. The approval of the City Council is required for publicworks projects.
The City of Denton reserves the right to accept or reject in part or in whole any bids submitted,
unless denied by the bidder, and to waive any technicalities for the best interest of the City. Any
submitted article deviating from the specifications must be identified and have full descriptive data
accompanying same, or it will not be considered. Submitted bids shall remain in force for a sixty
AGO} day period after opening or until award is made; whichever comes first. Incase of default
after bid acceptance, the City of Denton may at its option hold the accepted bidder or contractor
liable for any and all resultant increased costs as a penaltyfor such default. The City of Denton will award the bid to the lowest responsible bidder while complying with ail current
state and local
laws.
The City of Denton is exempt from Federal Excise and State Sales Tax; therefore, tax must not be
included in this bid.
PAGE 4 QF BID #444o Bidder's Initials
CITY OF DENTIN
BID I°aR WATER W®R~S SLIDE REPLACEMENT
The City of Denton is requesting bids WATER W'~RKS SLIDE REPLACEMENT. The City will
only accept new products and will reject proposals for used or remanufactured goads. All bids
must be submitted on the attached Bid Propasai Form. Vendors maybid on anyorall items. The
City of Denton will not enter into any contractwhere the cost is provisional upon such clauses as
"escalator" or "cost-plus" clauses.
All bidsshallspecifyterms and conditions of payment, whichwiil be considered as partof, butnot
control, the award of bid. City review, inspection, and processing procedures ordinarily require
thirty X36}days after receipt of invoice, materials, or service. Bids which call for payment before
thirty X34} days from receipt of invoice, or cash discounts given on such payment, will be
considered only if, in the opinion ofthe Purchasing Agent, the review, inspection, and processing
procedures can be completed as specified.
Invoices shall be sent directly to the City of Denton Accounts Payable Department, 216 E
McKinney St, Denton, TX, ?'6241-4299, It is the intention of the City of Denton to make payment
on completed orders within thirty days after receipt of invoice or items; whichever is later, unless
unusual circumstances arise. Invoices mustbefullydocumented as tolabor, materials, and
equipment provided, if applicable, and must reference the City of Denton Purchase C~rder~
Number in order to be processed. No payments shall be made on invoices not listing a Purchase Order Number,
Continuin non- erformance of the vendor in terms of Specifications shall be a basis for the
termination of the contract by the City. The City shall not pay for work, equipment, ar supplies that
are unsatisfactory. Vendors will be given a reasonable opportunity before termination to correct
the deficiencies. This, however, shall in na way be construed as negating the basis for non-
performance termination.
The contract may be terminated by the City upon written thirty X39} days notice prior to
cancellation,
Bids will be considered irregular if they show any omissions, alteration of form, additions or
conditions not called for, or irregularities of any kind. However, the City of Denton reserves the
right to waive any irregularities.
The City of Denton reserves the right to accept or reject in part or in whale any bids submitted,
and to waive any technicalities for the best interest of the City. Bids may be rejected, among other
reasons, for any of the following specific reasons;
1. Bids containing any irregularities, 2. Unbalanced value of any items,
3, Bid price cannot be determined based upon information provided, i.e. missing
freight charges, or other fees.
PAGE 5 4F Bl~ #4440 Bidder's Initials
. . . .
CITY ~F DENTIN
~1D FdR WATER WORKS SLIDE REPLACEN~ENT
Bidders may be disqualified and their bids not considered for any ofthe following reasons;
1. Collusion exists among the Bidders,
2. Reasonable grounds forbelieving that any Bidderis interested in morethan one Bid
for the work contemplated.
3. The Bidder being interested in any litigation against the City,
4. The Bidder being in arrears on any existing contract or having defaulted on a
previous contract,
5. Lack of competency as revealed by a financial statement, experience and
equipment, questionnaires, etc.
6. Uncompleted work, which in the judgment of the City, will prevent or hinder the
prompt completion of additional work, if awarded.
7. Any other unresolved issues with the City.
Due care and diligence has been used in preparation of this information, and it is believed to be substantially correct. However, the responsibility for determining the full extent
ofthe exposure
and the verification of all information presented herein shall rest solely with the proposer. The City
of Denton and its representatives will not be responsible for any errors or omissions in these
specifications, nor for the failure on the part of the proposer to determine the full extent of the
exposures.
The successful bidder may not assign their rights and duties under an award without the written
consent of the Purchasing Agent. Such consent shall not relieve the assignor of liability in the
event of default by the assignee.
Pshall include all charges for freight, F.C.B. inside to specified delivery location or;
Central Receiving
City of Denton vllarehouse
9D1 B Texas Street
Denton, Texas 762D9
Hours of operation shall be between 8;DD a.m. and 4;DD p.m., Monday through Friday, excluding City of Denton holidays.
Delivery date is important to the City and maybe required to be a part of each bid. The City of
Denton considers delivery time to be that period elapsing from the time the individual order is
placed until that order is received by the City at the specified delivery location. The delivery date
indicates a guaranteed delivery to the City of Denton, Texas. Failure of the bidder to meet
guaranteed delivery dates or service performance could affect future City orders.
The City reserves the right to demand bond or penalty to guarantee delivery by the date indicated.
If order is given and the Bidder fails to furnish the materials by the guaranteed date, the City
reserves the right to cancel the orderwithout liability vn its part.
PAGE 6 GF BID #444 Bidder's fnitials
CITY OF DENTON
SID FAR WATER W~R~tS SLIDE REI~LACEMENT
Evaluation criteria shall include, but is not limited to the following;
a. Lowest responsible bidder meeting specification
b. ~ Delivery
c. Vendor's past performance record with the City of Denton
d. City ~of Denton's evaluation of vendor's ability to perform
e. City of Dentan's experience with products bid
f. Special needs and requirements of the City of Denton
A
The City reserves the right to award by line item, section,' or by entire bid; whichever is most
.advantageous to the City, unless denied by the bidder.
Quantities indicated on the Bid Proposal Forms are estimates based upon the best available
information, The City reserves the right to increase ordecrease the quantities to meet its actual
needs without any adjustments inthe bid price. individual purchase orderswill be issued on an as
needed basis.
Any catalo brand name or manufacturer's reference used is considered to be descriptive
nat restrictive --and is indicative of the type and quality the City desires to purchase. Bids on
similar items of like quality maybe considered if the bid is noted and fully descriptive brochures are enclosed. if notation of substitution is not made, it is assumed vendor
is bidding enact item
specified, Successful vendor will not be allowed to make unauthorized substitutions after award,
A ackina list shall accompany each shipment and shall show:
City of Denton Purchase order Number
Name and address of Vendor
Name and address of receiving department
Description of material shipped, including item numbers, quantity, etc.
Ins ection and Acce Lance
The City of Denton may rejectand refuse anydelivery,which falls belowthe qualitydesignated in
the specifications, The cost of return andlor replacementwill be at the vendor's expense.
Vl~arrant
The vendor shall warrant any manufactured products for the useful life of the product against
deficiency in materials orwvrkmanship.
The bidder must be an approved distributor by the manufacturer of these products, and is
authorized to sell the products to the City of Denton. The bidder also guarantees that the City will
be represented by the Manufacturer, should an issue arise, and that all manufacturer's warranties
will be in effect for the life of the contract.
AGE 7 QF BID #4444 Bidder's Initials P
. . . . . . . . . .
CITY ~F DENTQN
BID FAR WATER Vv4RKS SLIDE REPLACEMENT
Contracts & Bonds
The successful awarded vendor will be required to sign the original contract and submit performance and payment bonds before work is tv commence.
Each bid must be accompanied by a cashier's check, certified check, or acceptable bid bond
payable without recourse to the City of Denton, Texas in an amount not less than five percent
~5°/°} of the bid submitted as guarantee that the bidderwill enter into a contract and execute any
required bonds, and insurance certificate within ten o}days after the notification of the award of
the con#ract to the bidder. All bids received without the above will be rejected and considered
non-responsive.
Successful awarded vendorwili be required to sign original contractand submitperformance
bond far 1 ~ 0 percent of the total bid submitted and payment bond for 10o percent of the total
bid submitted, before'work is to commence, This Bond shall automatically be increased by the
amount of any Change Crder or Supplemental Agreement which increases the Contract price,
but in no event shall a Change Order or Supplemental Agreement which reduces the Gontract
price decrease the penal sum of this Bond,
Insurance
Bidder's attention is directed to the insurance requirements as attached in Appendix A. It is highly recommended that bidders confer with their respective insurance carriers ar
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 became contractual obligations, which the successful
bidder shall have a dutyto maintain throughoutthe course of this contract.
Contractor may, upon written request to the Purchasing Department, ask for clarification of any
insurance requirements at any time; however, Contractors are strongly advised to make such
requests prior to bid opening, since the insurance requirements may not be modified or waived
after bid opening unless awritten exception has been submittedwith the bid. Contractorshall not
commence any work or deliver any material until he or she receives notification that the contract
has been accepted, approved, and signed by the City of Denton.
Tax Exem~on
The CityofDenton quaiifiesforsalestaxexemptivn~pursuanttothe provisions ofArticle~o.g4 ~F}
of the Texas Limited Sales, Excise and Use Tax Act. Any Contractor performing work under this
contract for the City of Denton may purchase materials and supplies and rent or lease equipment sales tax free. This is accomplished by issuing exemption certificates to suppliers,
Certificates
must comply with State Comptroller's ruling #95-4.g7 and #95~4.gg.
Safet Record
The City of Denton desires to avail itself of the benefits of Section Z52.g435 of the Local
Government Code, and consider the safety records of potential contractors prior to awarding bids
on City contracts, Pursuant to Section 25~.a435 of the Local Government Code, the Gity of
Denton has adopted the written definition and criteria as shown in the Safety Record
Questionnaire Appendix A} for accurately determining the safety record of a bidder prior to
awarding bids on City contracts.
PAGE 8 4F BID #444 Bidder's Initials
. . . .
CITY OF DENTIN
BID FORINATERIN~RKS SLIDE REPLACEMENT
SPECIAL TERMS AND CoNDITI~NS
Consideration of Location of Eidder's Princi al Place of Eusiness
Sec. 271,9051, C~NSIDERATInN 4F L4CATIaN 4F BIDDER'S PRINCIPAL PLACE QF
BUSINESS IN CERTAIN MUNICIPALITIES,
~a}This section applies only to a municipality with a population of less than 250,000 that is
authorized under this title to purchase real property or personal property that is not affixed
to real property.
fib} In purchasing underthistitle any real property, personal propertythat is not affixed to
real property, or services, if a municipality receives one or more competitive sealed bids
from a bidder whose principal place of business is in the municipality and whose bid is
within five percent of the Iowestbid price received by the municipalityfrom a bidderwho is
not a resident of the municipality, the municipality may enter into a contract with:
~1} the lowest bidder; or
the bidder whose principal place of business is in the municipality if the
governing body of the municipality determines, in writing, that the local
bidder offers the municipality the best combination of contract price and
additional economic development opportunities far the municipality
created by the contract award, including the employment of residents of
the municipality and increased tax revenues to the municipality,
~c} This section does not prohibit a municipality from rejecting all bids.
~d} This section does not apply to the purchase of telecommunications services or
information services, as those terms are defined by 47 U.S.C, Section 153.
Vendors That Meet or Exceed Air ~ualit Standards
Sec. 271.901. VENDORS THAT MEET OR EXCEED AIR QUALITY STANDARDS.
~a} In this section, "governmental agency" has the meaning assigned by Section 271.003.
fib} This section applies only to a contract to be performed, wholly or partly, in a
nonattainment area or in an affected county, as those terms are defined by Section
386.001, Health and Safety Gode.
PAGE 9 4F BID #4440 Bidder's Initials
.
CITY ~F DENTCN
131D FaR WATER w~RKS SLIDE REPLACEMENT
Vendors That Feet or Exceed Air Qualit Standards Continued
~c} A governmental agency procuring goods or services may:
~1} give preference to goods or services of a vendor that demonstrates that the
vendor meets or exceeds any state or federal environmental standards,
including voluntarystandards, relating to air quality; or
~Z} require that a vendor demonstrate that the vendor meets or exceeds any
state or federal environmental standards, including voluntary standards,
relating to airquality.
~d} The preference may be given only if the cost to the governmental agency for the goods
or services would not exceed 145 percent of the cost of the goods or services provided by
a vendor who does not meet the standards.
PAGE 10 ~F BID #4440 Bidder's Initials
. . . . . . . . . . . . . . . . . . . . . . . . . .
CITY ~F DENTIN
BID FaR WATER 1NC~RKS SLIDE REPLACEMENT
FGR DISADVANTAGED BUSINESS ENTERPRISES GNLY
Disadvanta ed Business Enter rises DBE are encouraged to participate in the City of
Denton's bid process. The Purchasing Department will provide additional clarification of
specifications, assistance with~Bid Proposal Forms, and furtherexplanation of bidding procedures
to those DBEs who request it.
Representatives from DBE companies should identify themselves as such and submit a co of py
the Certification,
The City recogni~esthe certificationsofthe StateofTexas Building and Procurement Commission
HUB Program. All companies seeking information concerning DBE certification are urged to
contact.
State of Texas HUB Program
Texas Building and Procurement Commission PO Box ~ 3041
Austin, TX 15711 3047
~51Z} 463-557
If your company is already certified, attach a copy of your certification to this form and return with
bid.
C0M PANY NAME; N/A
N/A
REPRESENTATIVE,
ADDRESS: N/A ,
CITY STATE ZIP; NSA
TELEPHONE N0, NSA NSA
FAX N0 ,
Indicate all that apply;
Minority~0wned Business Enterprise
~~IlJomen~0wned Business Enterprise
Disadvantaged Business Enterprise
PAGE 110E BID #4444 Bidder's Initials
.
CITY ~F DENTIN
EID FDR'WATER UV~RKS SLIDE REPLACEMENT
VENDER REFERENCES
Please list three ~3~ Government references, other than the City of Denton, who can verify the quality of service your company provides. The City prefers customers of similar size
and scope of
work to this bid.
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GOVERNMENTICOMPANY NAME; CITY of PLANQ, TEXAS
LOCATION: SEE ATTACHED REFERENCE SHEET
GONTACT PERSON AND TITLE.
TELEPHONE NUMBER:
SCOPE OF WORK:
CONTRACT PERIOD.
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GOVERNMENTICOMPANY NAME. CITY 4F KILEEN, TX
LOCATION. SEE ATTACHED REFERENCE SHEET
CONTACT PERSON AND TITLE:
TELEPHONE NUMBER;
SCOPE OF WORK.
CONTRACT PERIOD;
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GOVERNMENTICOMPANY NAME; CITY OF RICHARDSON, TX
LOCATION; CITY POOLS, CANYON CREEK, ARAPAHO, TERRACE, GLENVILLE
CONTACT PERSON AND TITLE; Robbie Hazelbaker
TELEPHONE NUMBER: 9 72 7 44 4 3 a 0
SCOPE OF WORK; General remodelin of the ool, tile, Laster, chemicals
CONTRACT PERIOD: Cn oin ser~rice contracts to date
PAGE ~2 OF BID #4440 Bidder's Initials
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PROJECT REFERENCES September 2DD9
MUNICIPAL PRaJECTS
Tom Muehlenbeck Center, Plana, Tx
Municipal natatorium and water park with lap swimming, diving well, children's pool, splashpad and
leisure pools. 18,ODD square feet of surface area. $2,30D,000 project completed in September 2007
Architect; Stephen Springs at Brinkley Sargent Architects 972 960-9970 springs@brinkleysargent.com
Aquatic Consultant, Councilman/Hunsaker. Carol Anderson 314894-1245
Killeen lions Club Park, Killeen, Texas
,Municipal water park with 14,000 square feet of surface area including 12 ft deep competition pool; play
and slide pools. $2,OOD,DDO contract. Complete in May of 2009
Architect: Kimley-Horn and Associates. Adam Brewster, Mark Hatchel, 214 42D-5604
Aquatic Consultant: Councilman/Hunsaker. Darren Bevard , 314 894-1245
Lewisville Aquatics Facilities
Municipal water park with 20,000 square feet of surface area including 12,6 ft deep competition pool,
play and slide pools. $2,400,000 contract completed in May of 2DD5
Architect: Kimley-Horn and Associates. Mark Hatchel, 214 420-5600
Aquatic Consultant: Councilman/Hunsaker, Scott Hester, 314 894-1,245
Arlington Bad Konigshofen water Park. Arlington, Tx
Multi use family water park with lap swimming, diving well, children's pool, splashpad and slide. 8,800
square feet of surface area, $1,300,000 project completed in January 2006
Architect: Stephen Springs at Brinkley Sargent Architects 972 960-9970
Aquatic Consultant: Councilman/Hunsaker. Carol Anderson, 314 894-1.245
Dallas Thurgood Marshall Family Aquatics Center Bahama Beach}. Dallas, Tk
Municipal waterpark with 20,300 square feet of surface area. $700,000 contract for all pool plumbing
and equipment. Completed in May of 2005.
Architect: Kimley-Horn and Associates. Mark Hatchel, 214 420-56DD
Aquatic Consultant: Councilman/Hunsaker, Scott Hester, 314 894-1245
ether Municipal Projects;
Covington Aquatic Facility, 2DD8 - 5,500 sq ft. Covington NM, C.T. Brannon Corp .
Eunice Municipal Pool, Eunice NM. 2008 - 7,804 sq ft. C.T. Brannon Corp
Brownfield Aquatic Center, Brownfield Texas 2008 -6,D40 sq ft. Parkhill, Smith & Cooper
Dumas Municipal Swim Center, Dumas Texas. 2DD9 - 8,000 sq ft, C.T. Brannon Corp
Scurry County Towle Park Pool, Snyder Texas. 2009 C.T. Brannon Corp
University Park Curtis Park Sprayground. 2009 University Park Texas C.T. Brannon Corp Fart worth Sycamore Park Sprayground, 2008 Fart worth Texas. Kimley Horn/Councilman Hunsaker
Dallas Ferguson Park Sprayground, Dallas Texas, 2009 Kimley Horn/Councilman Hunsaker
Forney Sprayground, Forney Texas. 2009 Schrickel Rollins and Associates
Huntsville Aquatic Facility, Huntsville Texas. 2446 7,700 sq ft. Aquatic Design Group
Mesquite Vanstan Pool, Mesquite Texas 2006 Kimley Horn/Councilman Hunsaker
ZD555 PLANS RDAD DALLAS, TEXAS 75235-13D5
214 343.1133 1 800 548.9115 FAx 214 343,1201
www.sunbelt ools.cam robm@sunbeltpoals.corn
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INSTITUTIONAL ~ EDUCATIQNAL PROJECTS UNIVERSITIES HIGH SCH04lS
University ofTexas -Austin, Texas
Complete pump room renovation of famous championship swim center. Separating racing and diving
pools into separate systems and adding UV systems. $80D,000 project in 6 weeks . After project
started, leaks in underground piping required $250,D00 additional work -all completed in original time
schedule. Completed August 2009
General Contractor: Harvey-Cleary Builders, Eric Ryan e~n~Harvey-Cleary.com
Engineer: Tom Green and Associates. Tom Green ~orn~@t~ce.com
Aquatic Consultant; Counsilman/Hunsaker, Carl Nylander 314 894-1245 CarlNylander@chh2o,com
Rice University -Houston, Texas
New 50 meter competition pool and student leisure pool. Delivery is as a design build team
General Contractor: Tellepsen Guy Cooke 281-272-4926 cg ooke~tellepsen,com Architect: F&S Architects, Kip Jameson, k'~ameson@fsarchitects.com
Aquatic Consultant: Counsilman/Hunsaker, Scott Hester, 314 894-1245
Texas Tech University --Lubbock, Texas
Gutdoor competition, leisure, diving and lacy river pools, 19,000 square foot, $2,7M project, complete
in April 2009.
Architect: Stephen Springs at Brinkley Sargent Architects 972 960-9970 s~rin~s~brin_kleysa~r~ent.com
Aquatic Consultant: Counsilman/Hunsaker, Carl Nylander 314 894-1245 CarlNylander~chh2o,com
Southern Methodist University, Dedman Center -Dallas, Texas
University competitive pool and outdoor recreational pool with 5,600 square feet, 7.2 ft deep. $650,000
contractcvmpleted in 5eptemberof 2005.
Judith Banes, Director of Recreations! Sports 214 765-3365, jbanes@mail.smu.edu, General Contractor, Austin Commercial, Chris Davis
Architect: Hahnfeld Hoffer Stanford .
Aquatic Consultant; C.T. Brannon Corp. Terry Brannon 903 597-2122
Rockwall ISD ~-Rockwall, Texas
New 50 meter pool with dual bulkheads, 25 yard warming pool and spa. $2.4M, August 2oD9
General Contractor: Pogue Construction, Clark Miller clark~a~ogueconstruction.com
Aquatic Consultant: Aquatic Excellence, Richard Scott
Tarrant County Community College District NE Campus ~-North Richland Hills, Texas
Renovation of College competitive and recreational pool including all equipment, structure and finishes.
Fast track, $960,000 project completed in September 2007
Owners Re resentative: David Hoelke 817 515-6450.dav~d.hoelke,, R„ ccd,edu ~t p
Aquatic Consultant: C,T, Brannon Corp. Terry Brannon 903 597-2122
Texas State University San Marcos
Indoor competition and leisure pools built inside elevated structural concrete. Completed Nov 2008. Architect: Marmon Mok Architecture
Aquatic Consultant: Counsilman/Hunsaker. Scott Hester, 314 594-1245
14555 PLANS ~R~AD DALLAS, TEAS 7523-1345
214 343.1133 1 800 545,9115 FAX 214 343,1201
www.sunbelt ools,com robm@sunbeltpools.corn
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Andrews Independent School District
New natatorium pools, 25 Yard, 8 lane Competition pool plus 14 foot deep 200,000 gallon diving well
with 3 meter competition board. Total of 7,000 square feet and 420,000 gallons. September 2007,
Owners Representative: Tom Carroll ~432~ 523-3640 tcarroll~andrews,escl8.net
Aquatic Consultant: C.T. Brannon Corp. Terry Brannon 903 5972122
Hendrix College wellness Center, Conway, Arkansas
Competition pools with concrete rim flow gutters, 6,000 sq feet including 1 and 3 meter diving and S
lane competition. $850,OO0 complete September. 2007
General Contractor: Nabholx Construction Tony Echols 501376-1581
Architect: Kirchner Architects, Larry Kirchner 541664-6981
Aquatic Engineer: Aquatic Design Group Randy Mendioroz 764.438=8400
Stephen F, Austin University Recreation Center
Student recreation center pool and spa with 7,300 square feet of surface area, diving well, lacy river and
therapeutic spa. $1,000,000 contract completed in September 2007
Construction Manager: J.E. Kingharn Construction
Arc itect: F SArc itects, Kip Jameson, k'~ameson~fs,a,rch„i~.,__ ects.com
Aquatic Consultant: Counsilman/Hunsaker. Scott Hester, 314 894-1245
Other Institutional -Educational proiects
Midwestern State, Wichita Falls, Texas, 2009
University of Texas at Arlington, Majar renovation. Arlington, Texas. 2009
Fort Worth ISD. Equipment room renovation Fort Worth, Texas 2008 Grapevine Colleyville ISD, Equipment room renovation, Grapevine, Tx 2008
1NSTITUTIONAI NON EDUCATIONAL PROJECTS
Villa Sports -The woodlands, Tx
New high end fitness center with 16,500 square feet of surface area, Includes indoor and outdoor lap
and leisure pools, spas, slides and play features. $2.5M contract complete in May 2009
General Contractor: Colorado Structures Chris Downs 719 522-0500 CDowns~csi~.com
Aquatic Consultant: Water Technology Bill Bornick X920} 887-7375 bbornick~watertechnolo~yinc.com
The Centerforthe Intrepid--San Antonio, Texas
Therapy pool and Flow Rider pool, Project funded by the Intrepid fallen Hero's fund for wounded
servicemen at Brooks Army Hospital in San Antonio, Texas.
Construction M r, S ans a USA Mi e S aw 210 242-3000 Michael.Shaw 5 g ' _ @„ kanskausa.com
Architect: SmithGroup, Washington, DC
Aquatic Consultant: Counsilman/Hunsaker. Scott Hester, 314 894-1245
City Club at River Ranch ~-Lafayette, Louisiana
Leisure and exercise pool with concrete and file gutters. Project with very short time constraints that
finished 1 month early in April 2046. $850,000 contract.
Owner: City Club at River Ranch in Lafayette, LA: Elsa Lemoine 337 216-6565
Aquatic Consultant: Counsilman/Hunsaker. Matt Cappello, Bob Banker 314 894y1245 '
1555 PLANO ROAD DALLAS, TEXAS 75238-13D5
214 343,1133 1 800 548.9115 FAX 214 343.1201
www.sunbeltpools.com, robm[~sunbeltpools.com
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Fellowship Church Youth Camp
Aver 11,000 square feet of pools, lazy rivers and spraygrounds, $2M project completed May 2008
Construction Manager: BECK l.td, Greg Powell, PM, 214 240-0864 gre~powell@beck~roup,cam
Aquatic Consultant: C.T. Brannon Corp, Terry Brannon 903 597-2122
Amarillo Town Club ~-Amarillo, Texas
Multi use family pool with 75' lap lanes, diving well and zero entry children's area. The project included
an 8,500 square foot pool for $750,000 and was completed in May 2045
Amarillo Tawn Club ~-Hillside - Amarillo, Texas
Construction of new 7,040 square foot recreational pool with sprayground, This is the 4~~ project for
this owner at a new facility, Completed December 2007 Steve Halsey, General Manager. 806 468-0324 atcreh@arn,net
The Villages Silver[eaf Resorts --Flint, Texas
Indoor water park including lazy river, wave pool, large play structure and slide cluster, $1,54D,DD0
project plus sides and play featured Completed November 2008
Aquatic Consultant: C.T. Brannon Corp, Terry Brannon 903 597-2122
Azure Tower
High end, high rise residential tower in Dallas, Texas with 4,540 square foot infinity edge reflection pool
and two 32~~floor penthouse pools, Complete winter 2007
Construction Manager; Balfour Beatty. PM Mike Jones md~ones@ba~fourbeatty_us.com
Aquatic Consultant: C,T. Brannon Corp. Terry Brannon 903 597-2122
Omni Hotel and Condominiums, Fort Worth, TX
High rise hotel and condo pools on the 5t"and 16t" fluor of new luxury tower, $~..5M project 2409
General Contractor Austin Commercial Chris Shackelford 817-244-0465 ChShackelford@AustinWlnd,com
Aquatic Consultant: Counsilman/Hunsaker, Carol Anderson 314 894-1245
The House/Victory ~
High Rise tower in Dallas, Texas Pool is 140 feet long with vanishing edge on all sides. Fall 2008
Construction Manager: Manhattan Construction Co.
Aquatic Consultant; C,T, Brannon Corp, Terry Brannan 943 59.7-122
Other Institutional Pro'ects~
Children's Medical Center Fountain, Dallas Texas
Titus Regional Medical Center, Mt Pleasant Texas. C.T, Brannon Corp NRH2O Third Phase. North Richland Hills Texas, Water Technology
Northpark YMCA Fart Worth Texas, C.T, Brannon Corp
Dales of l.vuisiana, Shreveport ~A
Ryan Family YMCA. Fort worth, Texas 2005, C.T. Brannon Corp
Collin County Adventure Camp/ YMCA Sherman, Texas 2006 C,T, Brannon Corp
Four Seasons Resort, Irving, Texas. 2008 C.T. Brannon Corp
Saint Simeon Assisted hiving. Tulsa, Oklahoma. 2009 Counsilman Hunsaker and Associates
1555 PIANO ROAD DALLAS, TEXAS 75~38~13U5
214 343.1133 1 800 548,9115 FAX 214 343.12D1
www,sunbeltpoals.com room@sunbeltpools,com
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General Contractor References
Austin Commercial Chris Davis, Project Manager 214 987-4352 cdavis@Austi~_Ind,com
Chris Shackelford 817w204-0465 ChShackefford@Austin-lnd,com
SMU Delman Center Pool and Fountain, Acme Brick Fountain, Omni Hotel and Condominiums
BECK
Sunbelt Pools was awarded BECK subcontractor of the year award for 20D8
Greg Powell, Project Manager 903,769.0704 re Dwell beck rou ,com
Brian Wiggins, Project Engineer 81.7-235-5321 brianwi~~ins„~,beck~rou„p,com
Fellowship Church Camp
Frank Dale Construction, ltd.
Fran Da e, Prince a 817 329-6100 fdale fdc„ 'p @ -Itd: cam Josh Hauser, Project Manager 817 329-610D 'houser fdc-Itd,com
Arlington Bad-Konigshophen -Stovall Park, Bally Fitness, Carrollton
J. C. Commercial, Inc.
i,arrylNagner972-436-4622 larr 'ccommercialinc,com
McKinney Senior Center, 41d Settler's Park, City of i.ewisville ~5un Valley and College Street}, Dallas
Bachman Therapeutic Center
Pogue Construction
Clark Miller 972-529-9401 cloth o ueconstruction.com
Mesquite Vanston Pool, Rockwall ISD
Manhattan Construction Company
Nick Abay, Project Engineer 214 357-7400 nabay@manhattanconstructi,vn,com The House/Victory) ,
5kanska U5A
Mike Shaw, Project Manager 210 242-3000 Michael.Shaw Skanskausa.com
Center for the Intrepid
Additional General Contractors
Hunt Construction
Steele and Freeman
AUl General Contractors
Workman Commercial
Tellepsen Flintco
Western Builders of Amarillo
10555 PLANO READ DALLAS, TEkAS 752331305
214 343.11.33 1 800 548, 9115 FAX 214 343,1201
www~sunbel~pools,,com room@sunbeltpools.com
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Ar h test and En ineer Referen,,,ces
Counsilman~Hunsaker & Associates, Inc. Scott Hester, PE 314 894-1245 ScottHester~chah2o,corn
Carol Anderson, AIA 314 416-2096 CarolAnderson chah2o,com
Matt Cappello, PE 314 416-2083 mattcappello~chah2o.com
Bob Banker 314 416-2094 bobbankerC~chh2o,corn
Lewisville Sun Valley Water Park, Lewisville College Street Park, City of Dallas Thurgvod Marshall
Waterpark Bahama Beach}, Arlington Bad Konigshofen Water Park, Mesquite Vanston park, City Club at
River Ranch in Lafayette, lA, Plano Tom Muehlenbeck Center, Center for the Intrepid, Dmni, St.
Simeon's, Texas State San Marcos, Midwestern State, Texas Tech University, Rice University, University
of Texas at Austin
Kimley-Horn and Associates, Inc
Mark Hatchet 214 420-56UO rnark,hatchel~ltimley-horn.com McKinney 41d Settler's Park, Lewisville Sun Valley water Park, Lewisville College Street Park, City of
Dallas Thurgood Marshall waterpark Bahama Beach}, Mesquite Vanston Park, NRH24 Matt Racer,
Killeen lion's Club Park
Brinkley Sargent Architects
Stephen Springs, AIA 972 9fi0-9974 ss rin~sC~brinkleysar~ent,com
Arlington Bad Konigshofen Pool, Collin County Youth Camp, Plano Tom Muehlenbeck Center,
M idwestern State U n fivers ity, Texas Tech U n iversity
Brannon Corporation, Aquatic Designers and Engineers
Terry Brannon, PE 903 597.2122 ~brannonC~brannoncorp.com
Bryan Ziegler, PE 903 597-2122 ~ie~ler~brannoncorp;com
McKinney Senior Center, Tyler Tennis and Swim, McKinney Gld Settler's Pool, Plano Williams Natatorium; Bryan Henderson Park, SMU Dedrnan Center, Amarillo Town Club, Andrews ISD,
Frisco
Lakes, Silverleaf Resorts, Apure Towers, House-Victory J, Fellowship Camp, City of Covington, City of
Eunice, Scurry County, Four Seasons Resort, Narthpark YMCA, Scurry County, City of Dumas
1Nater Technology, Inc
Bill Bornick X920} 587-7375 „bbornick watertechno~o~yinc.com
Haley Parton X817} 329-5045. hpanton watertechnvla~Vnc,com
NRH2O third phase, Villa Sports -The woodlands, City of Shawnee ~K
Aquatic Design Group
Randy Mendioroz 760,438-84D0 randy~aquaticdesi~n~roup.com
Joe Bailey 760 435-8400 jbaileyC~aguaticdesi~n~roup,com Grand Prairie Bowles Pool Reno, Huntsville Aquatic Facility, Hendrix College Wellness Center
The Projects Group + PARSONS Architects and Project Managers
Robert Adams 817,255,2735 Robert.Adams@parsons,corn
Tarrant County Community College District, NE Campus
1555 PLANS READ DALLAS, TEXAS 7523-135
214 343.11331 SDD 545.9115 FAx 214 343,1201
www,sunbelt ools,com robm~sunbeltpools,com
. . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
~ DATE MMIDD Ac~or~fl CERTIFICATE ~F LIAEILITY INSURANCE `
1/l9/2010 PRaDUCI=~ ~~02} G35w4848 Fax: r;~84} 991-g63~ THIS CERTIFICATE IS ISSUED A5 A MATTER OF INF4RMATiON
AIMS Insurance Program Managers, Inc. ONLY AND CONFERS ND RIGHTS UPON THE CERTIFICATE
HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 15230 North 75th Street #1.002 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOIr'~,
I
Scottsdale AZ 85260 INSURERS AFFORDINGOOVERAGE f NAIC # INSURED INSURER A: Arch Insurance Company
Sunbelt Pools, Inc. ~ INSURER t3: Commerce & Industry Insurance
10555 Plano Road , r~ INSURER c:
INSURER D:
Dallas ~ TX 75238-1305 INSURER E;
covERAGEs THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES
DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OIBUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INSR DD' POLICY NUMBER POLICY f:FFECTIVE POLICY EXPIRATION LIMITS L N5 D T PE F N$U E DATi~ MM1Di7 DATE MMIDD
GEN ERAL LIABILI EACH OCCURRENCE $ , a 0 ~ , ~ ~ a X COMMERCIAL GENERAL LIABILITY DAEMISES~ a occu ence $ ~ ~ ~ 0
A CLAIMSMADE ~ OCCU AG>rB9094Z4Q 9/27/20a9 9/27/20~a MEDExP(Anyonepersan) $ 5, 000
PERSONAL & ADV INJURY $ ~ , a a a , a a a
GENERAL AGGREGATE $ a a a, 0 a a
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2 , a a a , a 0 a
X POLICY PRO- LOC AUTOMOBILE LIABILI
COMBINED SINGLE LIMIT $ o a 0, a o a X ANY AUTO ~F..a ccident)
A ALL OWNED AUTOS ACAT9884904 ~/27/20a9 9/27/20~a BoDILYINJURY
Per persony $ SCHEDULED AUTOS .
X HIRED AUTOS BODILY INJURY $ x NON-0WNED AUTOS Per accident)
PROPERTY DAMAGE $
Per accidenty
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $
EXCESS! UMBRELLA LIABILITY E4GH OCGURRENCE $ ~ , 0 0 0 , a 0 a
~ OCCUR ~ CLAIMS MADE AGGREGATE $ ~ , 0 q a , a p 0
B DEDUCTIBLE ~0384].35Q8 9/27/ZOa9 9/27/20~.a $ RETENTION $ ~ ~ $
A WORKER5 COMPI+N5A71ON ~ TONY LAMI7S ~R AND EMPLOYERS' LIABILITY Y 1 N
ANY PROPRIETORIPARTNERIExECUTIVE ❑ .L. EACH ACCIDENT $ a a a, a a a OFI=ICERIMEMBER EXCLUDED?
~MandatorylnNH) AWCI91r;38D0 9/a7/20a9 9/27/2a1a E.L, DISEASE-EA EMPLOYE $ oa0, 000 If yes, describe under
SPECIAL PROVISIONS below E,L, DISEASE -POLICY LIMIT $ 1, 0 0 0 , a a 0 OTHER
DESCRIPTION OF OPERATiaNSI LaCATIONS 1 VEHICLESI ExCLUSION5ADDED 6Y ENDORSI=MENT1 SP)=CfAL PROVISIaN5 *Hxcept for ten X1,0} days canaellatian far non-pay. All policy farms
apply. This certificate is only a
representation and may or may not comply with any written contract. Holder (owner) is afforded additional insured
status only per attached CG 2~~.I) X07/04) and CA_DOQx_ L_3/D6} with :respects to en ral li ilx y and tamob li 'ty, respectiv ly, far this ~nsured.Workers
compensation sutra anon is waived only per attached WC 42 03 04 A
far this insureds General 1~.aba.~.ity for this insured is rims ta, rather than contribut~.ng with, other general
CERTIFICATE HOLDER CANCELLATION
SHOULD ANYOFTHii ABOVi; DESCRIBED POLICIES I3E CANCELLED BEFORi:THE EXPIRATION
C1 ty of Denton DATE THEREaF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ 3 ~ DAY5 WRITTEN 9 01-B Texas Street NoTIGE TO THE CERTIFICATE HaLD>»R NAMED TO THE LI»FT,13UT
FAILURE Ta DO 5D SHALL
Denton, TX 76209 IMI'OSIw NO OBLIGATION OR LIABILITY OF ANY KIND UPON THI; INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZiwD REPRESENTATIVE Peer Godfrey/JB ~
ACORD 25 ~2D09101} 41988-20Q9 ACORD CORPORATION. All rights reserved,
INSa25 ~~nasni~ The ACORD name and Ingo are registered marks of ACORD
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy~ies} must be endorsed, A statement
on this certificate does not confer rights to the certificate holder in lieu of such endarsement~s}.
If SUBROGATION IS v11A1VED, subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does
not confer rights to the certificate
holder in lieu of such endorsements}.
DISCLAIMER
This Certificate of Insurance does not constitute a contract between the issuing insurers},authorized
representative ar producer, and the certificate holder, nor does it affirmatively ar negatively amend,
extend ar alter the coverage afforded by the policies listed thereon,
ACORD 25 ~2Q09101 }
1NS025 ~~aasa~ ~
. . - - - - -
G4MMENTSIREMARKS
liability available to the additional insureds only per attached CG 404. ~~.2/077. General.
liability contractual liability applies only per attached CG 40x1 X12/4"17.
OFREMARK COPYRIGHT 200p, AMS SERVICES INC,
19 Mobile Equip only those "autos" that are land vehicles and that would qualify under the definition
ment Subject To of "mobile equipment" under-this policy if they were not subjeck to a compulsory or
Compulsory Qr financial responsibility law or other motor vehicle insurance law where they are li~ Financial Re- tensed or principally garaged.
spansibiliky 4r
Other Motor Ve-
hicfeInsurance LawC}nl
B. Owned Autos Yvu Acquire After The Policy Begins SECTION II ~-LIABILITY COVERAGE
1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered next A. Coverage
to a coverage in Item Two of the Declarations, We will pay all sums an "insured" legally must pay
then you have coverage for autos that you as damages because of "bodily injury" or "property
acquire of the type described far the remainder damage" to which this insurance applies, caused of the policy period. by an "accident" and resulting from the ownership,
But, if Symbol l is entered next to a coverage maintenance or use of a covered "auto".
in Item Two of the Declarations, an "auto" you vVe will also pay all sums an "insured" legally must
acquire will be a covered "auto" for that cover- pay as a "covered pollution cost or expense" to
age only ~f, which this insurance applies, caused by an "acci-
a, UUe already cover all "autos" that you own dent" and resulting from khe ownership, mainte- for that coverage or it replaces an "auto" Hance or use of
covered "autos". However, we will
you previously owned that had that cover- only pay for the "cavered pollution cost or ex-
age; and pease" if there is either "bodily injury" or "property
b. You tell us within 3o days after you acquire damage" to which this insurance applies that is
it that you want us to cover ik for that coo- caused by the same "accidenk". erage. vVe have the right and duty to defend any "insured"
C. Certain Trailers, Mobile Equipment And Temporary against a "suit" asking for such damages or a "cov~
Substitute Autos eyed .pollution cost ar expense .However, we have
no duty to defend any insured against a suit if Liability Coverage is provided by this Coverage seeking damages for "bodily injury" or "property
Form, the following types of vehicles are also cav- damage" or a "cavered pollution cost or expense"
erect "autos" for Liability Coverage, to which this insurance does not apply. we may
1. 'Trailers" with a load capacity of 2,000 pounds investigate and settle any claim or "suit" as we or less designed primarily far travel on public consider
appropriate. fur duty to defend or settle
roads. ends when the Liability Coverage Limit of Insur-
"Mobile equipment" while being carried or once has been exhausted by payment of judg-
towed by a covered "auto". menu or settlements.
3, Any "auto" you do not own while used with the 1. Who Is An Insured
permission of its owner as a temporary substi- The following are "insureds": tute for a covered "auto" you own that is out of a, You for any covered "auto".
service because of its; b. An one else white usin with our ermis~
a, Breakdown; y F~ g y p sion a covered auto you own, hire or bor-
b~ Repair; row except,
c. Servicing; ~1} The owner or anyone else from whom
d. "Loss"; or you hire or borrow a cavered "auto".
This exception does not apply if the e, Destruction. covered "auto" is a "trailer" connected to
a covered "auto" you awn.
Page 2 of 12 ~ fSU Properties, Inc., 2005 CA DD D1 D3 D6 ❑
fNSU~~I] CDPY
~2} Your "employee" if the covered "auto" is b, out-4f~State Coverage Extensions
owned by that "employee" or a member While a covered "auto" is away from the of his or her household. state where it is licensed we will:
~3} Someone using a covered "auto" while ~1} Increase the Limit of lnsurance for Liabil-
he or she is working in a business of _ity Coverage to meet the limits specified
ceiling, servicing, repairing, parking or by a compulsory or financial respansibil-
storing "autos" unless that business is ity law of the jurisdiction where the cov- yours, erect "auto" is being used. This extension
~4} Anyone other than your "employees", does not apply to the limit or limits speci-
partners (if you are a partnership}, fied by any law governing motor carriers
members cif you are a limited liability of passengers or property,
company}, or a lessee or borrower or ~2} Provide the minimum amounts and types any of their "employees", while moving of other coverages, such as no-fault,
re-
property to or from a covered "auto", quired of out-of-state vehicles by the ju-
~5~ A partner cif you are a partnership}, or a risdiction where the covered "auto" is be-
member cif you are a limited liability ing used.
company} for a covered "auto" owned by We will not pay anyone more than once for him or her or a member of his or her the same elements of loss because of these
household. extensions.
c, Anyone liable for the conduct of an "in- B. Exclusions
cured" described above but only to the ex-
tent of that liability. This insurance does not apply to any of the fallow ing;
2, Coverage Extensions 1, Expected 0r Intended injury
a, Supplementary Payments
We will pay for the "insured": "Bodily injury" yr "property damage" expected or intended from the standpoint of the "in-
~1} All expenses we incur, cured",
~z~ Up to $2,404 for cost of bail bonds din- 2, Contractual cluding bonds far related traffic law vio~ Liability assumed under any contractor agree-
lations} required because of an "acci- meat.
dent" we cover, INe do not have to fur-
nish these bands. But this exclusion does not apply to liability for damages;
~3} The cost of rbonds to release attach;' ments in any suit against the insured a. Assumed in a contract or agreement that is
we defend, but only for bond amounts an "insured contract" provided the "bodily
within our Limit of Insurance, injury" or "property damage" occurs subse- quent to the execution of the contract or
(,4] All reasonable expenses incurred by the
"insured" at our re uest, including actual agrce~~'ent' or q b. That the "insured" would have in the ab- Ions of earnings up to $254 a day be-
cause of time off from work, Bence of the contractor agreement,
~5} All costs taxed against the "insured" in 3, workers' Compensation
any "suit" against the "insured" we de- Any obligation for which the "insured" or the
fend. "insured's"insurer may be held liable under any
(6~ All interest on the full amount of any workers' compensation, disability benefits or judgment that accrues after entry of the unemployment compensation
law or any similar
judgment in any "suit" against the "in- law,
sured" we defend, but our duty to pay 4, Employee Indemnification And Employer's
interest ends when we have paid, of- Liability fered to pay or deposited in court the "Bodily injury" to:
part of the judgment that is within our
Limit of Insurance. a. An "employee" of the "insured" arising out of
These payments will not reduce the Limit of and in the course of:
Insurance. ~1} Employment by the "insured"; ar
CA 00 0103 06 ~ 154 Properties, Inc., 2045 Page 3 of 12 ❑
i~vsu~~~ cow
POLICY NUMBER: ZAGLB909429D COMMERCIAL
GENERAL LIABILITY
CG 20 ~o of o4
THIS ENDaRSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIGNAL INSURED-GWNERS, LESSEES 4R
CGNTRACTC?RS --SCHEDULED PERSGN oR
GRGANIZATIGN
This endorsement modifies insurance provided under the following:
CGMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name 0f Additional Insured Persons}
Ur 0r anization s : Locations Gf Covered 4 erations
As re wired b written contract
Information required to complete this Schedule, if not shown above, will be shown in the
Declarations.
A. Section II--Who Is An Insured is amended to include as an additional insured the persons} or
organizations} shown in the Schedule, but only with respect tv liability far "bodily injury",
"property damage" or "personal and advertising injury" caused, in whole ar in part, by;
1. Your acts or omissions; or
2. The acts or omissions of those acting an your behalf;
in the performance of your ongoing operations for the additional insureds} at the locations}
designated above.
B. With respect to the insurance afforded to these additional insureds, the fallowing additional
exclusions apply:
This insurance does not apply to "bodily injury" or "property damage" occurring after:
1, All work, including materials, parts or equipment furnished in connection with such work, on
the project bother than service, maintenance or repairs} tv be performed by or on behalf of the
additional insureds} at the location of the covered operations has been completed; or
2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor
engaged in performing operations for a principal as a part of the same project.
cG 20 ~o 07 04
~ ISO Properties, Inc., 2004
e. Damages because of "bodily injury" include c. Liquor Liability
damages claimed by any person or organiza- '"Bodily injury" or "property damage" for which tion for care, loss of~services or death resulting any insured may beheld
liable by reason of:
at any time from the bodily injury .
~1} Causing or contributing to the intoxication 2. Exclusions of any person;
This insurance does not apply to; ~2} The furnishing of alcoholic beverages to a
a, Expected 4r Intended Injury person under the legal drinking age or un~
"Bodil injury" or "property damage" expected der the influence of alcohol; or Y J
or intended from the standpoint of the insured, ~3} Any statute, ordinance or regulation relating
This exclusion does not apply to "bodily injury" to the sale, gift, distribution or use of alco- resulting from the use of reasonable force to holic beverages.
protect persons or property. This exclusion applies only if you are in the
b. Contractual Liability business of manufacturing, distributing, selling,
"Bodily injury" or "property damage" for which serving or furnishing alcoholic beverages.
the insured is obligated to pay damages by rea- d. Workers' Gompensation And Similar Laws son of the assumption of liability in a contract Any obligation of the insured
under a workers'
or agreement, This exclusion does not apply to compensation, disability benefits or unemploy~
liability for damages: meat compensation law or any similar law.
~1} That the insured would have in the absence e. Employer's Liability
of the contract or agreement; or "Bodily injury" to:
~2} Assumed in a contract or agreement~fthat is an insured contract , provided the bodily ~1} An "employee" of the insured arising out of
injury" or "property damage" occurs subse- and m the course of:
quent to the execution of the contract or ~a} Employment by the insured; or
agreement. Solely for the purposes of liabil- fib} Performing duties related to the conduct ity assumed m an insured contract , rea- of the insured's business;
or
sonable attorney fees and necessary litiga-
tion expenses incurred by or for a party ~2} The spouse, child, parent, brother or sister other than an insured are deemed to be of that "employee"
as a consequence of
damages because of "bodily injury" or Paragraph ~1}above,
"property damage", provided: This exclusion applies whether the insured may
~a} Liability to such party for, or for the cost be liable as an employer or in any other capac-
of, that party's defense has also been ity and to any obligation to share damages with assumed in the same "insured contract"; or repay someone else who must
pay damages
and because of the mJury,
fib} Such attorney fees and litigation ex- This exclusion does not apply to liability as-
penses are for defense of that party sumed by the insured under an "insured con-
against acivil or alternative dispute reso- tract". lotion proceeding in which damages to
which this insurance applies are alleged
Page 2 of 16 ~ ISD Properties, Inc., 2006 CG DD 0112 Ol ❑
coMp~Y car
(3~ The nature and location of any injury or 4. ether Insurance
damage arising out of the "occurrence" or If other valid and collectible insurance is available offense. to the insured for a Toss we cover under Cover-
b. if a claim is made or "suit" is brought against ages A or B of this Coverage Part, our obligations
any insured, you must, are limited as follows:
~1~ Immediately retard the specifics of the claim a. Primary Insurance
or "suit" and the date received; and This insurance is primary except when Para-
Notify us as soon as practicable, graph b, below applies. If this insurance is pri-
You must see to it that we receive written no- mary, our obligations are not affected unless
tice of the claim or °suit" as soap as practicable. any of the other insurance is also primary. Then, we will share with all that other insurance
c. You and any other involved insured must; by the method described in Paragraph c. be-
~1~ Immediately send us copies of any de- low, manns, notices, summonses or legal papers b, Excess Insurance
received in connection with the claim or
„suit"; ~1~ This insurance is excess over;
~2~ Authorize us to obtain records and other ~a~ Any of the other insurance, whether information; primary, excess, contingent or on any
other basis. ~3~ Cooperate with us in the mvestigat~on or
settlement of the claim or defense against ~i~ That is Fire, Extended Coverage,
the "suit'; and Builder's Risk, Installation Risk ar similar coverage for'~our work';
~4~ Assist us, upon our request in the en-
forcement of an ri ht a ainst an erson ~ii~ That is Fire insurance for premises y ,g g y p rented to you or temporarily occu- or organization
which may be I~able to the
insured because of injury or damage to pied by you with permission of the
which this insurance may also apply. owner;
d, No insured will, except at that insured's own ~iii~ That is insurance purchased by you
cost, voluntaril make a payment, assume any to cover your liability as a tenant for ' ' y other than for property damage to premises obligation, or
incur any expense,
first aid, without our consent. rented to you or temporarily occu- pied by you with permission of the
3. Legal Action Against Us owner; or
No person or organization has a right under this ~iv~ If the loss arises out of the mainte-
Coverage Part; Hance or use of aircraft, "autos" or
a. To join us as a party or otherwise bring us into watercraft to the extent not subject to a "sui#" asking for damages from an insured; or Exclusion g. of Section I
Coverage
b. To sue us on this Covera a Part unless all of A -Bodily Injury And Property Dam-
g age Liability. its terms have been fully complied with.
' ion ma sue us to recover ~b~ Any other primary insurance available to A person or organizat y you covering liability for damages arising
on an agreed settlement or on a final judgment out of the premises or operations, or the
against an insured; but we will not be liabie for products and completed operations, for damages that are not payable under the terms of which you have been added
as an addi-
this Coverage Part or that are in excess of the ap- tional insured by attachment of an en-
plicable limit of insurance. An agreed settlement dorsement.
means a settlement and release of liability signed by us, the insured and the claimant or the claim- ~2~ When this insurance is excess, we will have
ant's legal representative. no duty under Coverages A or B to defend
the insured against any "suit" if any other insurer has a duty to defend the insured
against that "suit". If no other insurer de-
fends, we will undertake to do so, but we
will be entitled to the insured's rights against all those other insurers,
CG 00 0112 Ol U ISa Properties, Inc., 2{x?6 Page 11 of 16 ❑
ir~suREO co~r
~3~ when this insurance is excess over other c, we have issued this policy in reliance upon insurance, we will pay only our share of the your representations,
amount of the ions, if any, that exceeds the 1. Separation 0f Insureds
sum of:
a The total amount that all such other Except with respect to the Limi#s of Insurance, and ~ ~ , any rights or duties specifically assigned in this
insurance would pay for the loss ~n the Coverage Part to the first Named Insured, this in- absence of this insurance; and surance applies:
~b~ The total of all deductible and self- a. As if each Named Insured were the only Named
insured amounts under all that other in~ Insured; and
surance.
4 we will share the remainin Ions, if an ,with b. Separately to each insured against whom claim ~ ~ ,g Y is made or "suit" is brought.
any other insurance that is not described in this Excess Insurance provision and was Transfer 4f Rights Cif Recovery Against Gthers To
not bought specifically to apply in excess of Us
the Limits of Insurance shown in the Decla- If the insured has rights to recover all or part of rations of this Coverage Part, any payment we have made under this
Coverage
c. Method Of Sharing Part, those rights are transferred to us. The in-
sured must do nothing after loss to~impair them At If all of the other insurance permits contribution our request, the insured will bring suit or transfer
by equal shares, we will follow this method those rights to us and help us enforce them.
also. Under this approach each insurer con-
tributes equal amounts until it has paid its ap- 9. when We Do Not Renew pliable limit of insurance or none of the loss If we decide not to renew this Coverage Part,
we
remains, whichever comes first, will mail or deliver to the first Named Insured
If any of the other insurance does not permit shown in the Declarations written notice of the
contribution by equal shares, we will contribute nanrenewal not Tess than 3D days before the expi-
by limits, Under this method, each insurer's ration date. share is based on the ratio of its applicable limit If notice is mailed, proof of mailing will be sufficient
of insurance to the total applicable limits of in- proof of notice,
surance of al! Insurers. SECTIGN V--DEFINITIGNS
5. Premium Audit 1. "Advertisement" means a notice that is broadcast
a. we will compute all premiums for this Coverage or published to the general public or specific marts
Partin accordance with our rules and rates. ket segments about your goods, products or ser- b. Premium shown in this Coverage Part as ad~ vices for the purpose
of attracting customers or
vance premium is a deposit premium only. At supporters. For the purposes of this definition;
the close of each audit period we will compute a. Notices that are published include material
the earned premium for that period and send placed on the Internet or on similar electronic notice to the first Named Insured. The due date means of communication;
and
for audit and retrospective premiums is the b. Regarding web-sites, only that part of a web
date shown as the due date on the bill. If the site that is about your goods, products or ser-
sum of the advance and audit premiums paid vices for the purposes of attracting customers for the policy period is greater than the earned or supporters is considered
an advertisement,
premium, we will return the excess to the first
Named Insured. 2. "Auto" means;
c. The first Named Insured must keep records of a. A land motor vehicle, trailer or semitrailer de-
the information we need for premium computa- signed for travel on public roads, including any tion, and send us copies at such times as we attached machinery or
equipment; or
may request, b. Any other land vehicle that is subject to a com-
fi. Representations pulsory or financial responsibility law or other
B acre tin this olic , ou a ree: motor vehicle insurance law in the state where y p g p y y g it is licensed or principally garaged.
a. The statements in the Declarations are accurate However, "auto" does not include "mobile equip-
and complete; meat".
b. Those statements are based upon representa-
tions you made to us; and
Page 12 of 1fi a IS4 Properties, Inc., 2006 CG DO 0112 01 ❑
i~su~~a car
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 D3 D4 A
Policy number: ZAWCI9163800
TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
This endorsement applies only to the insurance provided by the policy because Texas is
shown in Item 3.A. of the Inf ormatian Page.
We have the right to recover our payments from anyone liable for an injury covered by
this policy. We will not enforce our right against the person or organization named in
the Schedule, but this waiver applies only with respect to bodily injury arising aut of the operations described in the Schedule where you are required
by a written cantract to
obtain this waiver fram us.
This endorsement shall nat operate directly or indirectly to benefit anyone not named in
the Schedule.
The premium for this endorsement is shown in the Schedule.
Schedule
~ } Specific Waiver
Name of person or organization
~X} Blanket Waiver
Any person ar organization for whom the Named Insured has agreed by written contract to
furnish this waiver.
As required by written contract.
2. Operations:
3. Premium,
The premium charge for this endorsement shall be 2 percent of the premium developed on
payroll in connection with work performed for the above persons} or organizations}
arising out of the operations described.
4. Advance Premium:
This endorsement changes the policy to which it is attached and is effective on the date
issued unless otherwise stated. The information below is required only when this
endorsement is issued subsequent to preparation of the policy.}
Endorsement effective; 09/27/2009 Policy number; ZAWCI9163S00
Insured: Sunbelt Pools, Inc. Insurance company; Arch Insurance Company