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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 r ~~,I~` ~ 3 PPI4NE NUMBER ~ ~ ~ ~p FAQ NUMBER BY, TITLE 1 ~ ~i~ ~i APPROVED AS TC FaRM; PRINTED NAME Ly y ~r``~ i it .-r-~ r~ ray i'? ~ ~ rv ~y SEAL} (.r'~ J,, k ~~d ~ ~ r ~ ~ ~ ITA BURGES S ITY AT aRNEY . YY ?f ^Wi, Y~4i~S ' ~ s CA y 4 ~  - - - - - - - - - - - - - - . . . . . . . . . . . . . . . . . , ~ ~ ~ Bond No. 4376735 1 ~ f' T~~ ~ ~ ~F~T A~~I~ T~-~}~~~ ~R.~~~~i~~'~, T~~~t ~~~n~clt Pori ~z~c` l~os~ a~d~~cs~ ~55~ Pl~r~o .oad ~r~~~~~s f~' ~`~~~3~ l~er~~~~~~fex' c~~~~d l~ru~~aal, ~~~d 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~ T~~, ~~~~•et~, lac~r~ an~~ ~"~~•~1~~~► ~ouad ~~~~to ~~ty ~~~~tan, ~ t~~~~~~ic~pnl cod#par~t~~~ 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 pe~~~~~ of T~~r~~ ~-~~.~nd d ~ ~ ~ Svc 1 ~~a~~~~~~ad T~~ a ~..~~~ad~ ~d T~~ end ~I1 ~~L~,~~~ ~~~5 ~~1~~~ tc~~ ~~~x~en~ cif t~~e ~t~ted ~~~~~~1 ~dd~t~an~~ ~~~o~~~Y r~~~r~e~~tin~ ~~~~d~i~az~~l c;oua=~ ~~~~er~ses, ~~~t~~r~~~~rs' fees, end }i~uxd~ted d~f~~~~~e ~t~~si~~~ and o~~ ~~~~~az~~t~d ~vitl~ ~~~a ~eia~~r i~~~~tifiec~ o~~tz~~~ct, in ~~~~=f~~~ ~~~~~~ey a~` tlac ~.~~~itcd t~tc~, ~o be ~~~~d 1~~~~tr~n ~oni~~~, '~c~~~, fur ~a~mc~~t of ~v~~i~~ s~~~~~ ~ve~l ~~d t~•ul~ to be ~~~~de, ~~e ~]~I'~~~' ~~l~d Qi.1~'~~~~'~~, ~U~ ~l~'~~5, ~?~~G~►tt~~'S iidll~ltl~~t~'c~ta~aa ~.~c`c~ss~a~•~, c~t1{~ i1~~l~i~S, ~o1t~tly ~~t~ sc~ra•~1~ r~.l~~ ~.~~r ~l~sa 'l~l~~ ~a~~d ~~a~ll ~~utoY~~~~tic~~l~~ ~e ~~»rc~~~~ tl~c ~~a~a~~~~t afi ~~a~~~ ~a~~~~c ~rd~~' ~u~ple~~~en~~l ~;r~en~en~, r~ll~~c~~ l~lC1'~~~~~ tl~~ ~ca~~t~~~c~ p~'~ce, ~~t ~~rcn~ ~~~~~~ll ~ Ch`r~t~~;~ Dr~~e~" c~i• ~~~~~~~~c~~~ct~t~~l ~~~~~~n~~nt, r~duG~s ~l~c antrnat ~~z~ic~ dccr~~~s~ t~~c~ ~~nal ~u~~~ ~~~'~1~~~ Ion~~, '~I~~~ C~~~,I~T~~~ is c~c~~~~it~on~d f ~11a~~s; ~~~~zi~~s fi~~~ '~•i~~ci~~l c~~tc~•cd into ~ cc~'l~~i~~ ~a~atr~ct, i~c~~txfied h~~ ~~~•c~iT~~r~~~ ~t~i~~la~r 2~0~-~ ~ 3, ~r~~l t~~~ ~~y ~f ~~n~nn the ~wn~r d~~ .ed d~c ~ S c~~~ o~'~cc~n~~~~~• 2.D~~'~i' ~~c~ 1~'~t~~~ ;~'c~~~k Y ~1id~ ~~c Gmc~~t~ TfL~.~T~~~, ~f t~~c ~'ri~ci~a~l si~~~~1 ~~~cl~ t~E~~ f ~~tl~~u~l~~ ~~~w~'~~~~ ~~~d ~`~~~~~1 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~~•~ t~~~~*~~:~i~ ~tr~d ~n ~ c~t~nior~ t~~~~•~af ~~v~~~~~~ ~~t~~ lac ~~a~~t~d t~ac ~~~n~r, ~~~tl~ ~a~~ ~~it~at~t ~~ot~~~ tae ~~r~•c a~ad d~~~~z~ ~ l~~c 1if~ ~~~~ra~~~~~ o~* ~~~~rr~n~~ rcy~ir~c~ ~n~der t~~~ ~oa~t~~ct, ~z~d ha11 ~ls~~ ~~vcl~ ~~~d trul ~ ~c~~°~"orn~ ~n~~ ~"~~l~ill ~~1 t~~e ~~~~~~ert~~n~, cove~~~~~ts, t~~+n1s, ~ondit~o~~ era ~ ~~~~~~~e~~ts df nll ~u~` st~~~~c~~•~~~d ~~~c~d~c~~~an~ off' ~~~id on~'~~t t~~ai t~~a~~ h~~•c~tf~~~ a i~~~~~c, ~~~t~cc of ~~1~~~1~ n~~~~~~~it~a~~~ ~l~~ ~~~rc~~ h~~x~~ ~~~~•e~~ ~~va~v~~, ~jnc~, ~f the ~~~•~t~G~p~~l sh~~Jl ~•c ~~i~• a~~dlar ~'c ~l~~ce ~~1~ dcf+~ct~ dt~c tc~ f~~~M~t~' z~~7te~~~is ~a~d ~vn~~~~~~~~~~~ ~h~~t dppe~~~ ~~it p ! ~ric~c~ of t~~~a ~~~~u•s fi°an~ t~~c d~~t~ of ~~~~~~'c~otn~~~~~n a~~d ~n~ acce~~ta~~~c of tl~a dark tl~e ~ti~~a~~~; gad, i~'tl~c I'~•incipnl sl~~~l f~ull~r indc»~~~~f}~ and l~~rl~~less t~~~ C~~~nGx• franc ~~;~a~t ~u~d df~r~~~ w~~~~la ~~~~~~e~~ ~ ~l~f~~x~ her ~'a~sun ~~f fail~~rc t~ s~ perarir~ laGr~il~ ~~~~d ball ~~~lly ~ ~ . ~ ~ ~•~~n~~~~~~~~c and ~'c~~~y ~~r~acr ~l o~~t~~~~j ~~~d ex~~e~~s~ ~vl~~c~~ tl~~ C~~~rl~a~• n~~~ ~~~~t~r ~n ~nak~x~~ ~;~a an r dcf~~n~t or d~~~i~tac~ a tla~n t~~~~ ~~~ali~~lion s~~~ll be ~~ai~~ ~~~~~~rwis~, it sl~~l ~~mai~~ fi1 farce ~nc~ cf~`e~t. ~~~3 ~ l  . . 1'l~.C~'~~~~ l~~l~..T~FR.a il~~ri if ~r~~ 1~,~~1 rretian be ~ic~~1 ~~~a~ ~l~is ~aa~~l, ~xclus~~v~ y~~lr~~ ~la~~ lie irr l~er~taa~ ~~~rnt~~, true o~~r~~e~~s. ~11~~ ~'~~~~111~1~ ~~J1~Tr~I~~~, tl~a~ tl~e ~~~i~l ~trr~ty, ~~ar~ v~~l~re ree~ive~, ~~creby tpt~r~~~s ~~~ci ~~~re~ tl~a~ c~ar~~~ exi~t~~i~~r~ a~ tin~c, ~r~ierArrt~ar~ ~r a~~iti~ta a tl~e terms o'~h~ ~~~ir~~~, ar to ~1~~ ~1~ork i~ b~ ~~rfarr~e~l tl~er~u~er~, or~ t~~ ~l~e I'liar~~, ~~ecifie~~lia~~, :~r~wi~~~,~~ etc# ac~e~r~~l~r~rayi~~; tl~~ ~rua~e, ~1~~11 in r~~~y~~ise ~l"fec~ iii '~~l~ii~~ti~r~ can ibis 1~~~~~i, ~u~~'it daes l~er~~y ~v~i~re nuti~e a~' ~r~y t~cli ei~~~~~c~, extcnsi~~~ tir~~c, al~~r~tc~r~ ~r ~c~~it~a~~ t~ tl~~ ~er~n~ ~~e ~ar~tr~e ar~ ~a tl~e ~~orl~ a l~~ ~erlarn~e~ t~er~e~rr~~ler, ar to t~~c~ 1'l~ns~ ~~eif~tio~,' ~r~~~~~~, 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 `~~'l~e ~~r~~lex~si~,~e~i ~r~+~ ~~sl~i~rrtc~cl ~~cr~i is l~Grc~~~, cl~:~~~r~tr~erl ley tl~e ~t~~~et~r l~~r~ir~ ~s tl~G ~~csi~le~~t ~~~r~t e~Itan ~;a~lnty ~a ~vl~ara~ ~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 ~T~'l~~`': ~1~~;1T~~1~ ,y~ Sunbelt Pools Inc , ~r~~ ~~1fj' f ~ x„11'.. 1 fJj`' } A r~R]~~~l~~T A`l'T~~~'1'; ~~~T~t _ SUY'eT2C II1SUranCe Goth a~1 s F y~ ~ ~ Zlsa Eorhaug ,~TT~I~.~I~~I~I~l~1~`~' Pauline L Zes h 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 ~r~' ~~s ~~ca~~ ~,~~'c~~;~~~~'~r~r~~r~c .l3nr~r r~arr~~~~ ~c~1~ ~~f'C~r~~~~~~~r~~~~ 1~'1c'~~,4~i~~r~~~l ~1g~~xt t►~ ~~r~~ t~ c.~~►~u~~~~ir~~t, ~`~1i~ f~ fl~~'1',~~(llt+~~ ~~CJ]~tL,~ ~d  L~~ ~'A~~~~'~~ ' ~A~~t~ ~F `~`~~A ~ Bond No . 4 3 7 6 7 3.5 ~ ~ ~~~N~l~~ Cllr ~~~TC~N ~ ~ S ~S ALA TI-~~~ ~~~1 S~~~ala~lt 1 aals~ 1~~~#, ~~1 c~~~ ~n~~~ Fl~~~n T~n~ad f~r~11~~s, rid acreir~~~"~ei~ c~l~ed I~~~ne~pa~~ ~ia~t SureTec Insurance com an , e~rlanr~~in~~ nr~~~~~i~~d ~~d eis~ia~ tatxder tlae ~a~~ tla~ ~t~te nC Texas ,and T~~~~y t~utl~o~~i~~d t~. tc~~~as~~ ~~~incss in il~e ~t~te of ~r~re~~, ~~e laefcl cr~~d ~raaal~ ~~n~~nd ~~~atn tl~e City of ~e~atoaa, ~aa~~~~e~ tea czar nratzc~~~ n~~ ~~~~i~~d ~ncl ex~~6~~~ ur~de~y tae l~~~rs off` tlae State nI' ~'~XS, l~~r~~n~ftcr ~ ~ ~ ~~~l~~d u~~~a ~~1~ ~Cl~;nlls, ~r~aa~, send ca~yl~~r~a~~nn ~~~~ac~ ~aa~t~~ fur~~~~l~ ua~~er~~.ls Car, aer~'~r~u ~~a~a~~ ~t a~~a tl~e ~.~~ii~cii~~ ~ nr i~aa ~~~o~~e~~~~n~s ~~erei~a~~~~e~r ~~e(er~~e~ tn, t~a~ ~~~a~l s a~ o ~ ~ a ~ 'l`i~ree ~ ~~u~d~~ed ~ il"t Fi~~~ ~l~~~n~~satac ~~~~n ~Iu~~~x•~~l ~'~~~~nt~~ ~i~ ~~1d ~I~ ~~~3~~,~G.n ~ la~~f~la ~aaor~e of tlac l~~a~tecl Mates, to ~c 1a7~~1 I~eaalnta, ~~n~~~~ty, ~x~~, .Car Ala ~me~at of ~v~aic~~ ~~e11 aaa~l ta~~l~► try t~~~~d~, ~~~c laer~la~ ~~i~acl D~I~'~Gl~~e~, nur l~c~rs, ~~e~~or i ► y i ~c~~a~~a~st~~tn~°~, s~~CGessnrs ~~~~I ~si~;l~~, ~a~~at~y ~~~d se~~cr~~11y, ~~~aaly ley these l~r~en1~. '~l~~s ~~n~~ sl~~ll autor~~~tic~ll r ii~cre~sec ~ ~ tyre ~a~nu~at ~ arty ~`l~~~ac D~+~e~~ oak ~u~~~e~aa~n~~~l ~ ~ 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~~,, _ ~ ~~eer ~~~.~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~~~ ete# ~ ;3 ~'~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~ Pl 1.+pr P ~d ~R~}~ 1 M I\I>1/~RtsMxra■earl.a■1/It/11■N■Tr■~a■■■■1111/1tt!■■■ti■~■■■r~■AI///tt(~r(rl~xlr■tilt//1(//tkrsYr■■■~,(e■■a■(/11f■■~(Kx I TAU ~R7~ ~~T~V errll■e■(r■/t//y/■r■■r■.ell■r/rl//(//set■■t■t■■rrla///t(,►rr((■elr■■■x■II( ~1 ~ SATE, ~~~^f ~~~~~~~~Ir•"~"~ 1 R'~T~ rrrrr.r.rr■.r111lrarrrr,r~r►ar►.tl►►rerrrwe..r►►.r'7' N i✓ IT1~ N~ rrrrr.a....#arrtrrtrrrrr~r.r,a.i>1►rrrrsrrrr.rr.►►rr„ iTilrrrrrrrr~sr,}rr►rrrr>rrrr, r,r►r►■ EVAN I~ATI~ N ~ F~CTE CIA ~rrt,►,I►lirrrrrtr=rw~rr,a„rrr,rrrrrrr►rr,a.sa►,►r►rrr..,..•rrrrarrtr►rrrr.rrrrr~►r,,,11t► ! 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C~C1~~'~,~CT ~F 1NT.E~~ST C~U~ST~~NN~►I~E ■.r1FYt1t11e1111i■fikMN/r(i(■■ltl■r■■(lx■rR7■■■■■tltlR(■JlfllkktiF/lilt(■■llRl~~ 1 ! ~ ~ ~~li/ 11~`~ ~ t ~ ~~i/i/111M111//11/IIP/Ii11iMiMi// ~ ~RYA~N Zfi~C~~,~~ ~11/1/~{llwil111i/flll//w/tlM~ai/l~ `~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. 1 y~, it Y s ~ ~ ° 5 dt_ r~+n~~'^ F ~ i ~ ,i ~1t 1Y ~ P Li t i, - 7 r 1 F , - t ~ FFE Fr ly~iw ~NE~;- ~ - ~ } ~.r a i r ~RE ~ _ Y Y r f~ `r - ~.r - L a 1 ~ t - - r i rr t.~ r t -'fC - '_;,r T~~ r._ {r.~_.T' iii i - i. ~ i.., 1. ~ i t•fr _.r, ~ a ~ - ; ~ _ v T GOVERNMENTICOMPANY NAME; CITY of PLANQ, TEXAS LOCATION: SEE ATTACHED REFERENCE SHEET GONTACT PERSON AND TITLE. TELEPHONE NUMBER: SCOPE OF WORK: CONTRACT PERIOD. _ _ T ~ '1~ - - I~ - 54.1 t Ir ~ I ~ .F - tt - ~ _ ~ - 1~ ~ ;R~f~RENC~ TWA _ ~ _ _ r r--~ ~ - = - - ti _ ~ - t- - - - ~ , , ~ - _ ~ GOVERNMENTICOMPANY NAME. CITY 4F KILEEN, TX LOCATION. SEE ATTACHED REFERENCE SHEET CONTACT PERSON AND TITLE: TELEPHONE NUMBER; SCOPE OF WORK. CONTRACT PERIOD; - ,7 .x;- , T y - _ - _ ~ _ ~ - ~ ~ FERENCE~ THREE ~ T _ - - - E - - t , - _ , s t~ - • J, - ~ - _ , r-, ' i' • ~ ~ - 3 - Y r _ a - _i - 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  - - - - . . . . . . . . . . . . . . . . . . . .y "x? ~ - ~ a _ . ~ ~ _ r ~ s a. r • < ~~'s 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  - . - - . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ Y • P it Si?' 1tl ~ ~y ; ` ~ t' ~ Y~y r~~~ _ 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  . . . . . . . . . . . . . . . . . . . . . . . . . . . . s ° ~ ~ ~ ~ .n - ~ ~ ~ _ ~ ~ ~ ~ a ~ ~ is ^ -{3~'~~ ~~L{r era _ r f 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. $850,000 contract. Owner: City Club at River Ranch in Lafayette, LA: Elsa Lemoine 337 216-6565 Aquatic Consultant: Counsilman/Hunsaker. Matt Cappello, Bob Banker 314 894y1245 ' 1555 PLANO ROAD DALLAS, TEXAS 75238-13D5 214 343,1133 1 800 548.9115 FAX 214 343.1201 www.sunbeltpools.com, robm[~sunbeltpools.com  i i ~ ? ' ~ ~ ~ W ~ J. 5 ~ _ r. 1 _ 3 ~r. - zz ~ fir'-:~5-`~~~~^~$rTx ':a. 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  . . t~~ • ~ ~ ~ ~'+r .....i, 4 a!. 'n°. ~.7.~ 6 "t'' :;x;., c',~ r, s~t u~t~ ~Y~' r a.: T - c c- - .d~ 1t G 1. 3 _ ' ,x~ix~'. Ski, ~sf~,rt s z?. s» a. 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  ~ ~ ~ ;f .r' c . ;r ~ ~ ~k '.Y. y r ~ ~ Y r °t ,tom- n, `+'~rn. ~r uiry~,'s sue: i j ~~iR~~~ ~~s r. K' ar =,M 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