2006-192
ORDINANCE NO. 200(; - /tl2
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR IMPROVEMENTS TO THE CITY OF DENTON CIVIC CENTER POOL;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (BID 3519-CIVIC CENTER POOL IMPROVEMENTS AWARDED TO
ROBERTSON COMMERCIAL POOLS, INC. IN THE AMOUNT OF $89,507 FOR CONTRACT
lA AND SUNBEL T POOLS, INC. IN THE AMOUNT OF $97,544 FOR CONTRACT lC FOR A
TOTAL AWARD OF $187,051).
WHEREAS, the City has solicited, received and tabulated compelilive bids for the
construction of public works or improvements in accordance with the procedures ofST ATE 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 ofthe 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 I. The following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER
ITEM
CONTRACTOR
AMOUNT
3519
3519
IA
lC
Robertson Commercial Pools, Inc.
Sunbelt Pools, Inc.
$89,507
$97,544
SECTION 2. The acceptance and approval ofthe 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 ofthe public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. Upon acceptance and approval of the above competitive bids and the execution
of contracts for the public works and improvements as authorized herein, the City Council hereby
authorizes the expenditure of funds in the manner and in the amount as specified in such approved
bids and authorized contracts executed pursuant thereto.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the / fltI"L day of Yt.iJ r ,2006.
~~~~~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY~~~ \~~ t~
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDE 'ITY TTORNEY
BY:
3-0RD-Bid 3519
CONTRACT AGREEMENT
STATE OF TEXAS
S COUNTY OF DENTON S
THIS AGREEMENT, made and entered into this 18th day of July A.D., 2006, by and
between City of Denton of the County of Denton and State of Texas, acting through
Howard Martin thereunto duly authorized so to do, hereinafter termed "OWNER," and
Robertson Commercial Pools. Inc.
569 S. Coppell Road
Coppell. TX 75019
of the City of Denton, County of Denton and State of
"CONTRACTOR. "
Texas
. , hereinafter termed
WITNESSETH: That for and in consideration of the payments and agreements hereinafter
mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds
attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete
performance of the work specified below:
Bid 3519 - Civic Center Pool Renovation Contract I A
in the amount of $89.507.00 and all extra work in connection therewith, under the terms as stated in
the General Conditions of the agreement; and at his (or their) own proper cost and expense to
furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and
other accessories and services necessary to complete the work specified above, in accordance with
the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached
hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions,
the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein
and on file in the office of the Purchasing Agent, and in accordance with all local, state and federal
laws; and plans, which includes all maps, plats, blueprints, and other drawings and printed or
written explanatory matter thereof, and the Specifications therefore, as prepared by:
City of Denton Parks Department Staff
all of which are referenced herein and made a part hereof and collectively evidence and constitute
the entire contract.
CA-I
Independent Status
It is mutually understood and agreed by and between City and Contractor that Contractor is
an independent contractor and shall not be deemed to be or considered an employee of the City of
Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick
leave benefits, worker's compensation, or any other City employee benefit. City shall not have
supervision and control of Contractor or any employee of Contractor, and it is expressly understood
that Contractor shall perform the services hereunder according to the attached specifications at the
general direction of the City Manager of the City of Denton, Texas, or his designee under this
agreement.
Indemnification
Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at
its own expense, Owner, its officers, servants and employees, from and against any and all claims or
suits for property loss or damage and/or personal injury, including death, to any and all persons, of
whatsoever kind or character, whether real or asserted, arising out of the Work and services to be
performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or
invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers,
servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby,
indemnify and hold harmless Owner during the performance of any of the terms and conditions of
this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of
officers, servants, or employees of Owner. The provisions of this paragraph are solely for the
benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise,
to any other person or entity.
Choice of Law and Venue
This agreement shall be governed by the law of the State of Texas and venue for its
construction and enforcement shall lie in the courts of Denton County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the date established for
the start of work as set forth in written notice to commence work and complete all work within the
time stated in the Proposal, subject to such extensions of time as are provided by the General and
Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown
in the Proposal, which forms a part of this contract, such payments to be subject to the General and
Special Conditions of the Contract.
CA-2
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the
year and day first above written.
ATTEST:
\J.~
City of Denton
OWNER I);;/:
BY: ~(t(~)flV-l~
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(SEAL)
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CONTRACTOR
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MAILING ADDRESS
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PHONE NUMBER
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ITLE ""
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PRINTED NAME
FORM:
(SEAL)
CITY ATTORNEY
CA-3
.
Bond # 809458
PERFORMANCE BOND
STATE OF TEXAS ~
COUNTY OF DENTON ~
KNOW ALL MEN BY THESE PRESENTS: That Robertson Commercial Pools, Inc. ~
whose address is 569 S. COIltlell Road. CODoel1. TX 75019 hereinafter called Principal, and
Insurors Indemnity Company V , a corporation organized and existing under the laws
of the State of ilxM, and fully authorized to transact business in the State of Texas, as Surety, are
held and firmly bound unto the City of Denton. a municipal corporation organized and existing
under the laws of the State of Texas, hereinafter called Owner, in the penal sum of Eicl1tv Nine
Tho Five Hund d eve ..........---
DOLLARS 07.00 plus ten percent of the stated penal sum as an additional sum of money
representing additional court expenses, attomeys' fees, and liquidated damages arising out of or
connected witli the below identified Contract, in lawful money of the United States, to be paid in
Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind
ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly
by these presents. This Bond shall automatically be increased by the amount of any Change Order
or Supplemental Agreement, which increases the Contract price, but in no event shall a Change
Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this
Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 2006- 192, with the City of
Denton, the Owner, dated the 18th day of Julv A.D. ;2006 ~ copy Q which is
hereto attached and made a part hereof, for Bid 3519 C' ic Center P Renovatio
NOW, THEREFORE, if the Principal .haJJ well, truly and faithfully perform and fulfill all
of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance
with the Plans, Specifications Md Contract Docwnents during the original term thereof and any
extension thereof which may be granted by the Owner, with or without notice to the Surety, and
during the life of any guaranty or warranty required under this Contract, and shall also well and
truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any
and all duly authorized modificlltions of said Contract that may hereafter be made, notice of which
modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all
defects due to faulty materials and workmanship that appear within a period of one (I) year from
the date of final completion and final acceptMce of the Work by the Owner; and, if the Principal
shall fully indemnify and save harmless the Owner from all costs and damages which Owner may
suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay
and expense which the Owner may incur in making good any default or deficiency, then this
obligation shall be void; otherwise, it shall remain in fuil force and effect.
PB-l
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue
shall lie in Denton County, State of Texas.
AND PROVIDED FURTIIER, that the said Swety, for value received, hereby stipulates and
~ that no change, extension of time, alteration or addition to the tenns of the Contract, or to the
Work to be performed therelUlder, or to the Plans, Specifications, Drawings, etc., accompanying the
same, sbaII in anywise affect its obligation on this Bond, and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to
be performed thereunder, or to the Plans, Specifications, Drawings, etc.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, as amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on whom
service of process may be had in matters arising out Qfsuch suretyship, as provided by Article 7.19-
1 Qfthe Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in 4~ies, each one of which shall
be deemed an original, this the 15th day of Auaust -' . 2006 I .
ATTEST: ./ PRINCIPAL
B~iL ~ RoO"""" 'omm'"",~
SEe TARY' BY. LA ~
.- PRESIDENT
ArrEST:
SURETY
By(/~ ~
BY:
The Resident Agent of the Swety in Denton County, Texas fQr delivery of notice and service of the
process is:
NAME: Brent Tomlison
STREET ADDRESS: 2220 San Jacinto #250: Denton. TX 76205
(NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a
person's name.)
PB-2
&-
Ot~1
PAYMENT BOND
STATE OF TEXAS ~
COUNTY OF DENTON ~
KNOW ALL MEN BY mESE PRESENTS: That Robertson Commercial Pools. Inc.~
whose address is 569 S. ~ll Road. CODDeII. 'IX 75019. hereinafter called Principal, and
Insurors Indemnity Company , a corporation organized and existing under the laws of the
State of Texas ,and fully authorized to transact business in the State of Texas, as
Surety, are held and finn1y bound unto the City of Denton, a municipal corporation organized and
existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms,
and corporations who may furnish materials for, or perform labor upon, the building or
im~ents hereinafter referrejYto, in the penal sum of EilZhtv Nine ThOlL',and Five Hundred
~LLARS($89.507.00)-fu lawful money of the United States, to be paid in Denton, County,
Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our
heirs, executors, administrators. successors, and assigns, jointly and severally, finnly hy these
presents. This Bond shall automatically be increased by the amount of any Change Order or
Supplemental Agreement which increases the Contract price, but in no event shall a Change Order
or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond.
mE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into II certain Contract, identified by Ordinance Number 2006-J.22., with the City of
Denton, the Owner, dated the 18th day of.lYlY.. A.D. 2006 ~ II copy .9fwhich is hereto
attached and made a part hereof, for Bid 3519 Civic Center Pool Renovation. V
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and
make prompt payment to all persons, firms, subcontractorS, corporations and claimants supplying
labor and/or material in the prosecution of the Work provided for in said Contract and any and all
duly authorized modifications of said Contract that may hereafter be made, notice of which
modifications to the Surety being hereby expressly waived, then this obligation shall be void;
otherwise it shall remain in full force and effect.
PROVIDED FURmER, that if any legal action be filed on this Bond, exclusive venue shall
lie in Denton COWlty, TeXllS.
AND PROVIDED FURTIffiR, that the said Surety, for value received, hereby stipulates and
agrees that 110 change, extension of time, alteration or addition to the tenus of Ih" Contract, or to Ul"
Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the
same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any
such change, extension of time, alteration or llddition to the terms of the Contracl, or to !he Work 10
be performed thereunder, or to the Plans, Specifications, Drawings, etc.
PB-3
This Bond is given pursuant to the pl'ovisions of Chapter 2253 of the Texas Government
Code, as amended, and any other applicable statutes of the State of Texas.
The UDdCl'Signed and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton COWlty to whom any requisite notices may be delivered and on whom
service of process may be had in matters arising out of such surety, as provided by Article 7.19-[ of
the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in 19>Pies, each one of which shall
be deemed an original, this the ~ day of Auoust ,2006 ./'
:~fl!(~.
SE TARY
PRINCIPAL
BY:
~
ArrEST:
SURETY
B~#t/}t~
Insurers Indem:ity compan:O .
By:0(iA~ i Op
ATTORN -IN-FACT ~
o
c
~ .
, .
The Resident Agent of the Surety in Denton COWlty, Texas for delivery of notice and service of the
process is:
NAME: Brent Tomlinson
STREET ADDRESS: 2220 SAn Jacinto #250: Denton. TX 76205
(NaTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation,
gillf! a person's name.)
PB-4
~~
Irfi' ~ I !.WSmril
\l!> t'Ompan)1
, . ,
P.O. Box 2683' 3701 W, Waco Drive' Waco, Tx 76702-2683
Internet info@ insurors.com . 800-933-7444 . Fax 254-755-6399
IMPORTANT NOTICE - AVISO IMPORTANTE
To obtain information or make a complaint:
YOll may call Insurors Indemnity Company's toll-free
telephone number for information or to make a complaint
at:
1-800-933-7444
Yau may also write to Insurors Indemnity Company at:
P,O. Box 2683
Waco, TX 76702-2683
Or
3701 W, Waco Drive
Waco, TX 76710
You may contact the Texas Department ofInsurance to
obtain information on companies, coverages, rights or
complaints at
1-800-252-3439
You may write the Texas Department of Insurance at:
P.O. Box 149104
Austin, TX 78714-9104
or fax at:
1-512-475-]771
PREMIUM OR CLA]M DISPUTES:
Should you have a dispute conceming your premium or
about a claim, you should contact the agent or the
company rust. If the dispute is not resolved, you may
contact the Texas Department ofInsurance.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is given to comply with Section 2253.021,
Government Code, and Section 53.202, Property Code,
effective September 1, 2001.
iic/forms/notice
Para obtener informacion 0 para someter una queja:
Usted puede Hamar al numero de telefono gratis de
Insurors Indemnity Company's para informacion 0 para
sometcr una qucja al
1-800-933-7444
Usted tanbien puede escribir a Insurors Indemnity
Company:
P.O. Box 2683
Waco, TX 76702-2683
o
3701 W. Waco Drive
Waco, TX 76710
Puede eomunicarse con el Departamento de Seguros de
Texas para obtcncr informacion accrea de eompaniasl
eoberturas, derechos 0 quejas al
1-800-252-3439
Puede escribir al Departamento de Seguros de Texas:
P.O. Box 149104
Austin, TX 78714-9104
or fax at:
1-512-475-1771
DISPUTAS SOBRE PRIMAS 0 RECLAMOS:
Si ticne una disputa concemientc a su prima 0 a un
reclamo, debe comunicarsc con el agcnte 0 la campania
primcro. Si no se resuelvc Ia disputa, puede entonees
comunicarse con cl departamento (TDI).
UNA ESTE A VISO A SU POLIZA:
Este aviso esta dado para acatar con Section 2253.021
Government Code y Section 53,202, Property Code
efectivo, Septiembre 1, 2001.
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below. It is highly recommended that
bidders confer with their respective insurance carriers or brokers to determine in advance of Bid
submission the availability of insurance certificates and endorsements as prescribed and provided
herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that
bidder may be disqualified from award of the contract. Upon bid award, all insurance
requirements shall become contractual obligations, which the successful bidder shall have a duty
to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall
provide and maintain until the contracted work has been completed and accepted by the City of
Denton, Owner, the minimum insurance coverage as indicated hereinafter.
As soon as practicable after notification of bid award, Contractor shall file with the Purchasing
Department satisfactory certificates of insurance, containing the bid number and title of the project.
Contractor may, upon written request to the Purchasing Department, ask for clarification of any
insurance requirements at any time; however, Contractors are strongly advised to make such
requests prior to bid opening, since the insurance requirements may not be modified or waived after
bid opening unless a written exception has been submitted with the bid Contractor shall not
commence any work or deliver any material until he or she receives notification that the contract
has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply with
the following general specifications, and shall be maintained in compliance with these general
specifications throughout the duration of the Contract, or longer, if so noted:
. Each policy shall be issued by a company authorized to do business in the State of
Texas with an A.M. Best Company rating of at least A.
. Any deductibles or self-insured retentions shall be declared in the bid proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its officials, agents, employees and
volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
. Liability policies shall be endorsed to provide the following:
.. Name as additional insured the City of Denton, its Officials, Agents, Employees
and volunteers.
.. That such insurance is primary to any other insurance available to the additional
insured with respect to claims covered under the policy and that this insurance
applies separately to each insured against whom claim is made or suit is brought.
The inclusion of more than one insured shall not operate to increase the insurer's
limit of liability.
. All policies shall be endorsed to read:
"SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR
MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE
BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS
BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10
DAYS ADVANCE WRITTEN NOTICE IS REQUIRED".
. Should any of the required insurance be provided under a claims-made form, Contractor
shall maintain such coverage continuously throughout the term of this contract and,
without lapse, for a period of three years beyond the contract expiration, such that
occurrences arising during the contract term which give rise to claims made aftcr
expiration of the contract shall be covered.
. Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or legal
defense costs to be included in the general annual aggregate limit, the Contractor shall
either double the occurrence limits or obtain Owners and Contractors Protectivc
Liability Insurance.
. Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse
date. If insurance is not reinstated, City may, at its sole option, terminate this
agreement effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained' in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with these
additional specifications throughout the duration of the Contract, or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $ 1,000,000
shall be provided and maintained by the Contractor. The policy shall be written on an
occurrence basis either in a single policy or in a combination of underlying and
umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
. Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this contract
and broad form property damage coverage.
. Coverage B shall include personal injury.
. Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and
ISO Form GL 0404) is used, it shall include at least:
. Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU) exposures.
. Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single
Limits (CSL) of not less than $500,000 either in a single policy or in a combination of
basic and umbrella or excess policies. The policy will include bodily injury and property
damage liability arising out of the operation, maintenance and use of all automobiles and
mobile equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
.
any auto, or
.
all owned, hired and non-owned autos.
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in addition
to meeting the minimwn statutory requirements for issuance of such insurance, has
Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment I in accordance with 9406.096
of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation
Commission (TWCC).
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which may arise in the
prosecution of the work or Contractor's operations under this contract. Coverage shall be on
an"occurrence" basis, and the policy shall be issued by the same insurance company that
carries the Contractor's liability insurance. Policy limits will be at least
combined bodily injury and property damage per occurrence with a aggregate.
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a City building. Limits of not less
than each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than per claim with respect to
negligent acts, errors or omissions in connection with professional services is required under
this Agreement.
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a "blanket" basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access to
City funds. Limits of not less than each occurrence are required.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific contract,
that requirement will be described in the "Specific Conditions" of the contract specifications.
ATTACHMENT 1
[X] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificatc of insurance, a certificate
of authority to self-insure issued by the commission, or a coverage agreement (TWCC-
81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation
insurance coverage for the person's or entity's employees providing services on a
project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project
until the contractor's/person's work on the project has been completed and accepted by
the governmental entity.
Persons providing services on the project ("subcontractor" in 9406.096) - includes all
persons or entities performing all or part of the services the contractor has undertaken to
perform on the project, regardless of whether that person contracted directly with the
contractor and regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers,
owner-operators, employees of any such entity, or employees of any entity which
furnishes persons to provide services on the project. "Services" include, without
limitation, providing, hauling, or delivering equipment or materials, or providing labor,
transportation, or other service related to a project. "Services" does not include
activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification codes
and payroll amounts and filing of any overage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all employees of the
Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior
to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the coverage
period, file a new certificate of coverage with the governmental entity showing that
coverage has been extended.
E. The contractor shall obtain from each person providing servIces on a project, and
provide to the governmental entity:
(1) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage
for all persons providing services on the project; and
(2) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
G. The contractor shall notify the governmental entity in wntmg by certified mail or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how a
person may verify coverage and report lack of coverage.
1. The contractor shall contractually require each person with whom it contracts to provide
services on a project, to:
(1) provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
(2) provide to the contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees
of the person providing services on the project, for the duration of the project;
(3) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(4) obtain from each other person with whom it contracts, and provide to the
contractor:
(a) a certificate of coverage, prior to the other person beginning work on the
project; and
.'
(b) a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
(7) contractually require each person with whom it contracts, to perform as required
by paragraphs (I) - (7), with the certificates of coverage to be provided to the
person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of coverage,
the contractor is representing to the governmental entity that all employees of the
contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be based
on proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance carrier or, in the case of a self-
insured, with the commission's Division of Self-Insurance Regulation. Providing false
or misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
K. The contractor's failure to comply with any of these provisions is a breach of contract
by the contractor which entitles the governmental entity to declare the contract void if
the contractor does not remedy the breach within ten days after receipt of notice of
breach from the governmental entity.
.'
Instructions to Invoice Attachment
THE INVOICE ATTACHMENT [5 NOT A SUBSTITUTE FOR A NOTARIZED APPLICATION FOR PERIODIC PAYMENT.
THAT DOCUMENT IS STILL NECESSARY AND SHOULD BE INCLUDED WITH THE INVOICE ALONG WITH THIS INVOICE ATTACHMENT.
Use
this
form if
You are bound under a construction contract with the City of Denton.
Your contract includes a clause for the withholding of retainage.
You are submitting an invoice for payment to the City of Denton.
Lines 1.5
L1neG
Llne7
LineS
Line 9
Line 10
LIne 118
Line 11b
Line 128
L1ne12b
Line 138
Line 13b
Line 148 .14b
LIne 158
LIne 15b
Line 168
Line 16b
Line 17
Line 188
Line 18b
Enter the infonTIalian required for a payment to be processed. It includes a valid purchase order number issued
by the City of Denton, as well as your invoice number and date. Your invoice will not be paid without this information.
Specify the construction period for which you are seeking payment. Include the period number and period dates.
Check "Yes" if this is the final invoice for this project. The final invoice should include the release of retainage that has been withheld.
Enter the original contract amount approved by the City of Denton.
Enter the amount of any approved change orders that increases or decreases the amount of the original contract.
This amount should be the total value of the contract after all changes have been applied.
Enter the amount of work performed on the original contract from inception to date. Show project totals only.
Enter the amount of work performed on the original contract in this reporting period only. Do not include any prior periods in this calculation.
Enter the amount of any additional work performed from inception to date. Show project totals only
Enter the amount of any additional work performed in this reporting period only. Do not include any prior periods in this calculation.
Enter the amount of any materials on hand from inception to date. Show project totals only.
Enter the amount of any materials on hand in this reporting period only. Do not include any prior periods in this calculation.
These lines identify the value of the work performed for the project from its beginning as well as the value of work performed this period.
Enter the amount retained based upon the value of work performed on the project to date.
Enter the amount retained based upon the value of work performed this period.
This is the amount earned on the project after retainage has been withheld.
This is the amount earned in the current period. It should equal the payment amount you are expecting from the City of Denton.
Enter the amount of all previous payments you have received on this project.
This is the amount due based upon the project totals to date. It is the cumulative total of all transactions related to this project.
This is the amount due based upon current period totals. It should match the invoice attached to this schedule.
Line 18a and line 18b MUST be the same amount. It is the reconcilation between period and project totals.
You must sign and date the Invoice Attachment. The Invoice Attachment should be mailed along with the invoice for payment.
Page 2
28
"
, .
City of Denton, Texas
Invoice Attachment
Vendor Name:
2 Project Name:
3 Purchase Order Number:
4 Vendor Invoice Number:
5 Vendor Invoice Date:
6 The following is period estimate number
for the period from
to
7 Is this the final invoice for this project?
Yes
No
8 Original contract amount
8
9 Approved change orders
9
10 Add lines 8 and 9. This is the current contract amount.
10
11 Enter the amount of work. performed on original contract.
Project Totals To Date Period Totals
lla l1b
12a 12b
13a 13b
14a 14b
15a 15b
16a 16b
17
12 Enter the amount of work performed on approved change orders.
13 Enter the amount of materials on hand.
14 Add lines 11, 12, and 13. This is the total value of work performed.
15 Multiply line 14 by .05. This is the amount retained (5%).
16 Subtract line 15 from line 14. This is the net amount earned.
17 Enter the amount of all previous payments.
18 In 18a, subtract 17 from 16a. In 18b, enter the amount from 1Gb.
This is the balance due with this invoice.
The amount in 18a MUST equal the amount in 18b.
18a
18b
The undersigned Contractor certifies that all work, including materials on hand, covered by this schedule has been completed or delivered and stored
in acordance with the Contract Documents, that all amounts have been paid by him for work, materials, and equipment for which previous periodic
payments were issued and received from the City of Denton, and that the current payment shown herein is now due.
Signed
Date
Page 1
27
FROM
FAX NO.
Sep. 15 2006 12:51PM P1
ACORD.
CERTIFICATE OF LIABILITY INSURAN~E OPID~,.j; OA,"~~YY)'
· \!if I ROllEltT2 Og.Ll.iLQL.
THIS CE CAT: IssUEn AS A MATT IN~ii
ONlY i~J'~~NFe~.NO RIGHTS UPON WJ~ ~~ATIFICATE
HOWER. THIS CE! lIFlCATE DOES NOT AMEND EXTEND 0):1:
AL Tl;RTHE COVE !AGE AFFORDEO BY THE POLICIES BElO~\1
Gzoup
920
P~~UCER
Inclependant 7n4l11Z'anee
3010 LEJ !'"....w:oy st:...
D:011as TX 75234-7004
Pho~e:g72~231-82'7
R~sgn ~ggls, ~tl'
Bo~~tson ~~c~ Pqols,Inc
561l~A S"U c<>ppe~ JI<l.
Coppell TX 5011/- .
~NSU~1:Re AFFORDI ~G COVI:RAGE
INSURER,A: Ameris~ es
INStJRSO.. Rochdallt rnsuran....
1Ill8UR.Ae; :
I~~!~ 0:
I~~!:
NAIC'
INSlJRlitt
CO!llD.....v
12491
:1
COVERACt~
THE POUC/ES OF INSURANCE USTED Il!:~OW NAVE'.!!ION I88tJED TO TH! INSUREr) NAM!D ASOIIE rQ~ TNE .OLlCY P!AIOO INDICATED. ~OTWITM"'AIIgING
ANY RSOUIREMENT. TI!l'lM OR CONOIT"'N OF ANYOONT~ DR OTNIlR POCUIlENTWITH RESPECT TO W ICH THill CIl'ITlFICATE MAY at; ISSUED 0"
IMY PERTAIN, THIi INSUAANe! AFFOIlOEO i1YTHI! PoUCES O"lOCRIBED HER!l1N I~ auamcT To ALC THE TI ~, EXCWSlQNS AND CONDrr~NS 0' SUCH
POUCIIS. AGGREGAT! l.o.UTS SHOWN tolAy HAVE PeeN "!bVceo ey PAID Cl.AIMS. I
LTR Ns TVPEOFIN$uN.NC! POUCYNUM!I!R ~fl-.ro~IY'YI- ~ uMrra
~fiilW.L1ABfUTY : ~ -:OCClJR,AiHoe: : S 1,000,000
A X X COMMlRClAlGENERA,L1I\llIW1'Y C:PP201111111 C9/1G/06 Og/:I.E-'D7 ~.... '=>on..) , 50,000
ICL.AlMSMAOE [E]occu~ MEOEXP,^",""'p<=n):' 5 000
I .oRSOlW.lI\DVINJURY $1,000 000
Of!N!iiW.AGGFtEGA-re, '2 000,000
"""OU<m>'OOMPIOFAOG 02,000,000
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.!. HIRED AUTOS
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09/16/06
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eeuelNEO GINt';LI! I-JMIT
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$1,000,000
l!;Igll Y INJURY
(P.rpalZton)
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11 AM' AUTO
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WORKERS COM~~~TIcN AND
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B _ PROPRIIrn>RIPARlNefllEXecc"".
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OESt;RJPTION or CFI!RAn0N51 LOCATlONa t V~ I EXCUJ.$lotUt ~C1D BY ENDOMlIMen I SPECIAL PROVISlOf\II
City of Den1:~Jl, its Off.ie!.-..ls, ~t.B, ~loyee:J &li4 .VQ~unt~s r-h&1.1 be
1Ls~..d as ad~t~o~ 1ns~ with re.~ot to th~ S.n.~al tiabi1~~ and
l\\l't.g po~;i.c1a.. This inaUZ'ance is p~!JMXy and. t'1t:Jn.~'r;:Qnuibuta;r:y. ~iver of'
:iulo:z:ogation i... fa.v"", "f th. C1t:y of' Oomt<m, it.. (lttiaials, AlJen Ill, Employ...
and VO~U!\'tCllars a.pp1.$... to the ilL, A1.lto and Wo~kers C~.rUl:ati.on polioice.s:.
CERTII'ICATE HOLDER
C.it;y Q~ Oc:n'ton
Attn, Robert~. Tickner
C:ANCELLATION
:JHDULD ~'( e, T"E ABOVE' ~"'..Cl ,.QUCb BIiii c;ANCELL.S I!lI!FOR&THE ElCPIRAM!Ij
I)",,, T~OF, "tHe; lUu1t.lql 'flolRER WIlL EHD~VQR to MAIL ~ l!IA'Io'8 W"'''''''f'lI
I~CTlCE: ro nt~ CmN'ICAtE OlDER NAYAD TO THE; LYT, BUT F.AlLUlIla TO 1;)0 IJO 3H~LL
tMPDa! ~o DIiIUGATrON OR L ~tLlTY QI' Pif( KlttD UPO/'l 1M!!! l~tJN!!", ITa MIiiiNTS OR
I:uiP~TA"VI!I'., .
"~~m'!' i-'Vl ~
~.
I
D.nt;on, 'l'X
ACORD 25 {20M/081
rOOIilJ
J:
@ACO"lDCORPORATION
'..
CONTRACT AGREEMENT
STATE OF TEXAS
~ COUNTY OF DENTON ~
THIS AGREEMENT, made and entered into this 18th day of July A.D., 2006, by and
between City of Denton of the County of Denton and State of Texas, acting through
Howard Martin thereunto duly authorized so to do, hereinafter termed "OWNER," and
Sunbelt Pools. Inc.
10555 Piano Road
Dallas. TX 75238
of the City of Denton, County of Denton and State of
"CONTRACTOR."
Texas
, hereinafter termed
WITNESSETH: That for and in consideration of the payments and agreements hereinafter
mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds
attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete
performance of the work specified below:
Bid 3519 - Civic Center Pool Renovation Contract IC
in the amount of $97. 544.00 and all extra work in connection therewith, under the terms as
stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense
to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance,
and other accessories and services necessary to complete the work specified above, in accordance
with the conditions and prices stated in the Proposal and the Performance and Payment Bonds,
attached hereto, and in accordance with all the General Conditions of the Agreement, the Special
Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as
referenced herein and on file in the office of the Purchasing Agent, and in accordance with all local,
state and federal laws; and plans, which includes all maps, plats, blueprints, and other drawings and
printed or written explanatory matter thereof, and the Specifications therefore, as prepared by:
City of Denton Parks Department Staff
all of which are referenced herein and made a part hereof and collectively evidence and constitute
the entire contract.
CA-I
, .
. Independent Status
It is mutually understood and agreed by and between City and Contractor that Contractor is
an independent contractor and shall not be deemed to be or considered an employee of the City of
Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick
leave benefits, worker's compensation, or any other City employee benefit City shall not have
supervision and control of Contractor or any employee of Contractor, and it is expressly understood
that Contractor shall perform the services hereunder according to the attached specifications at the
general direction of the City Manager of the City of Denton, Texas, or his designee under this
agreement
Indemnification
Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at
its own expense, Owner, its officers, servants and employees, from and against any and all claims or
suits for property loss or damage and/or personal injury, including death, to any and all persons, of
whatsoever kind or character, whether real or asserted, arising out of the Work and services to be
performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or
invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers,
servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby,
indemnify and hold harmless Owner during the performance of any of the terms and conditions of
this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of
officers, servants, or employees of Owner. The provisions of this paragraph are solely for the
benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise,
to any other person or entity.
Choice of Law and Venue
This agreement shall be governed by the law of the State of Texas and venue for its
construction and enforcement shall lie in the courts of Denton County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the date established for
the start of work as set forth in written notice to commence work and complete all work within the
time stated in the Proposal, subject to such extensions of time as are provided by the General and
Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown
in the Proposal, which forms a part of this contract, such payments to be subject to the General and
Special Conditions of the Contract
CA-2
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the
year and day first above written.
A~
Mat~I!IJd
Citv of Denton
OWNER
)
BY:
(SEAL)
ATTEST:
ey!~rn~ ~~~I . ~ '
5'(.1 /} &a7 ~~ <-5 / I~,-
CONTRACTOR
,y
I''''~'
(Dr-,I I"'L"^,O /Zo. ,oA-U<lS 7K ?)~'2-sJ'
MAILING ADDRESS
'2-1,/ s\l3-ln3
PHONE NUMBER
2../'1 31{- 5,-1'2.0 I
FAX NUMBER
j?"u-S,
TITLE
BY:
APPRZS T
CITY ATTORN
/-08. /lrf-oYl6">-..J
, PRINTED NAME
CA-3
PA YMENT BOND
STYlE OF TEX,\S
,
~
COUNTY OF DENTON ~ ~
KNOW AI.I. MEN BY TI'IESE I'RESENTS: Thai ;';lInhdl 1'<",ls, In~.~lS~ '''I,~S~~S'-..,
I 0555 Piano 1{,,,,,1. Dalla" TX 7523S, h~r~inalkr ~alkd Prin~ipal. "!lei
S'1At(.'c.__~VIti~~~~_.. a (\lI"pnratioll organized and ~xiSlil1g lindeI' lh(' laws or I hI...'
Stat~ of _._...T<,:~,;!,~ I, and flllly aulholi/.~d tollansa~1 hll,inc'ss in!h" Sial" ofT,'xas, as
Surdy. an: hl..'ld and lirlllly hpund unto tilL' City Ill" l)\..'ntUIl. a lllllni(.'ip~d l'~)rpuratiull lH.ganiz.....d :lIld
~xisling under lhe Ill"'s of th" Stal" of Tc'xa,. !wreilllll'ter "ailed 0\\'I1er. and umo all persnns. lirl11s,
allll wrporations who may furnish mawrials I,'r, or perl(>nll Iahor upon, Ih~ buildint! or
improvements hercinaHey<:lerred Il.', il~hc penal sum 01 J:{jnel\' Seven Thollsand Five Ilundred
Fort\' Four ])OI.I.AR9t$9i, 544.()Ot;i'illawflll money of Ihe United Slales, to he paid in Iknl<'n,
COllnty, T eXllS, I,"' the payment of which sum \\ell and Irllly to he Illade, \ye herehy hind ours"l\'c".
our heirs. ex(,'clltors~ administrators. Slll~CL'SSllrs. ~l1ld assigns. jnintly and se\'erally. linnly hy thl..:s\:
pr"s"llIs. This Bond sllall alltolllali"all\' h" illn~as"d hy Ih~ allllllml of any Change Ord"r "I
Suppkmental ;\grL'CIllL'1l1 \dlic!l illL'rL'aSL's lilL' CPlllr;ICll'ril.:~. but in Iltl en:nt shall :1 Chal1g~' (lrder
or Supplcllll....nta) :\grce.:Illl...'llt whkh l\..dul....l,:s Ihi.' Cillltract pril..'1..' th:i...Ti..asl.... 1111.." jh:llal SlIlIl Hi" this HUIll!.
THE OBLIGATION TO P!\ Y SAME is "'lIKlilionl'd :lS li,lIo",,: \~lc'r"as, Ihe Prin"ipal
entered into a certain Conlraet. idelllilied In- Ordinance i"lll1lh~r 20UIl-1 ')2~h Ihe Cil\' of Ikl1hll1.
th" Owner. dat"d the I Sth day of --,!!ill~ ..\.'D. 21111f,!"'ftC(,py ,,1' ,,'hieh is h~relO alla"hed' al1d Ill"de "
part h"reof, f(lr Bid 351 () Ci\'ie CL'I1Ier I'olll Renll\'''lilln,~
i"OW. T1IERIT()j{E, if Ih" PrinL'ipal :;h,,11 \\L'II. Irllly 'lIld I:,ilhflllly pnf(lrlll ils dllli,'s ,md
make prom pi payment tll :111 pcrslllls. linn:;. SuhcIlIHraL'turs. '--'\H'p~lratj\)lls and c!:lim:lnts sllpplyill~
lahor and/or Illat"rial in Ih" prosL'elllion or the Work pro\'ided 1('r in said Conlra,,1 '"ld any "'lll ,dl
duly aulhorizl'd modilicatiolls of said COlllract lhat Illay IlLTcaftcr he mad!..... llutio: Ilf \\-hich
modifications to the Surely h~ing Ill....fl:by l.'xpr~ssly waivcd. thell this llhligatillll shall be.: \-uid:
otherwise it shall rl'lllain in fllll i,'r,'e and ened.
PROVIDED FUlfillER, Ih,,1 if any kgal :l"li'HI he' libl on Ihis LI,'n,L ex<:Iu:;i\'e wnll,' shall
lie in Demon C.'llIllY, Tex",.
,\ND PROVIDED HiRTI-IER, Ih"llh" said SlIrc'ly, f(lr \'allle r~eL'iwd, her"hy slipulat"s ,md
agrces (hat Ill) change. ('X{L'IlSioll ot"timl.... :ilt~ralitln or addilitllllO the terms ofth~ C'olllract. or 10 Ill!...'
\Vurk to be pl'rfonnl.:d Ihl..'n.'llIhlcr. or tl.1tl1\,;' Plans, Spt.:cilil'~lliutls. Drawings. etc.. a(C1llllpanying. thl.'
saml.', shall in anywise aft\:L't its obligati(lll UIl Ihis Bond. and il dOL's hi..:rcby wai\'\,' l1otic~ uf :lIlY
SlIl'h dtangc. eXlc.:IISio)) of lime. alteralion or udditiollto Ihe h':I'Il1S of' Ilk' C'ulltrue!. or 10 the \Vnrl, lu
be pL'lformcu (hereulHkr. (11'10 the Plalls. ~pcdlicalions. Drawings, etc.
I'll - 3
This 13und is givL'1l pursuant III thl..' prnvisil\IlS of Chapter 225,) of the TI....xas (iO\'l'nlIllClll
Cock. as amelllkd. aIllI JIlY "Ihel ,lpplicahk slatuks "I"lhe Slale "I" Te,,,,s.
The undersigned and designated agL'nt is hereby dcsignatL'd hy the Surety herein a:-i thl..'
Resident Agent in Dcnton Cnul1ty 10 whom any requisite Ilolici..'s may h~' ddi\'cred and 011 \\'hom
selviee 01" process may be had inl11allelS alising "UI 01" sudl surely. as provided by AItick 7.1(1.1 "I'
the Insurance Clllk. Venwn', ,\nJ1tltated ('ivil Slalulcs 01" Ihe Statc ol"Tcxa,.
IN WITNESS WIIEREOF. this inSlnllllCnt is cxcl"LItcd in:! copies. each ollC ,,1' which sh;lil
hc dccnlc'd an oliginal. this the J8th day ,,1'... July _._.,.-l00~.~
AnEST:
PRINCIPAl.
IIY: SEc~~~J
Sunbelt Pools, Inc.
IIY: ///
I'I~}IDENT
.\TrEST:
SURETY
IIY:
v1c~~
SureTec Insurance Compan~
. V""
II\":Y~:J;. ~MJ. J
.-\'1'1< lRNFY-I:--:-F,\CT -
Pauline L. Lesch
Thc Residclll Agcnt .\1" thc SUIety in Dcnt(ln C"unty. Tcxas 1(11 ddivclY ,,1' noticc and sen'iec ,,1' the
process is:
Ni\!\.lE: Ramey & King_Insuranc~ Inc.
ATTN: Becky McKnight
STREET ADDRFSS: 510 North IH 35E, Denton, Texas
76205
(YOT!:",' /JlIlt.' l~r FaY}}J{,111 Ho/UI JJ//fsl he dalt' (~( Co/uraL'l. !( Reside11f :lgC11f is nol u curpllrmiull.
girL' a person's llamt'.)
PI) -"
~~b~
~~f
Bond No. 4353126
PERFORi\'I:\NCE BOND
SIAn, OF TEXAS
,
,
COUNTY OF DENTON ~
KNOW ALl. :\'IEN BY TIIESE I'IZESENTS: That SlInhelt Pools Il1c,/ \\1"'Sl'
ad,lress is 10555 I'lal'" R'''ld,Dallas. TX 7523X herc'inaner calkd I'rilll'ip;tI. "'HI
.~I)..~~~~~_~_.,,'\c.c .._(;.~~_a_~~__.,._' a curpuratioll \Jrganized and existing 1IIld\..T 11ll..' 1:1\\:,
of til..:: Slate of Tcxa:-;~I fully i1ull'prizl.,."d III tr~lIl:,a,..'t business in tht.: Slal~ of T('X;ls. :I;.i Sun:IY. :ll"l.'
hdd and lirmh' hound unto thl: City (If D\:ntoIL :1 municipal l'orpnralioll organized :llld existing
1I11ckr the laws'of the State of Te~as. her,'inaner calkd OWl1er. in the penal slim of . NiI19:, S<:}',l]
Thousal1d and Fiw Ilundred I'm'!\' 1'0111'
DOl.LARS $ 97.544.00 plus lel1 IlL'rC"11! of the stated pel1al sum as an additional sum or mOl1e\'
rerr~scl1ting additional cpurt i.:~pCnsL's. attorneys' I(:t.:s~ and liquidated damages arising out nr or
wnl1ccted with the helow identilied COl1trae!. ill lawful money of the United Stales, to hc paid ill
Denton County, Te"". 1\,1' Ih,' payment of which sunt well and trllly to be mack. We hereby bind
oUr.'l~h:L'S. nlll" heirs. ('\:('(:ulor:.:;, :h.hniJli.sII';lltlrs..sUcl:L'SSUI'.s. ;lJld assigll:-:, jl)illlly and SI..'\'I..'rally. lin111y
by Ihl.:sl.: p n..'Sl.'1l IS. This Upl1d :-;l1all :\lIh1lllali\.'ally be illcl'(':\sed hy the ~lI1ltlllJlt of any C'h:lIlgl' ()rl!(:r
[\1' Suppklllental :\gr~elll~n!. which inn,'as,'s Ihe Contract price, but in no ewnt shall a Change
Order or Suppklllental .'\gr(,~lIIen!. which reduces the Cllnlraet price, deereas~ the penal Sllln llf Ihis
Bond.
9'\vv"-
'-..
TilE OI3L1G..\TION TO P:\ Y S.'\~'IE is wndilillued as 1()lIm\'s: Wherc'as. Ihe Prillcipal
enlered into a certain Co.ntrae!. identiJied by Ordinance NUlllbe.!J\)()6-1<)2~th the City ofLknllln.
the O"'l1er. dated the, JX'" da~ .,1f_Jul)'-::--__ AD. .]1I('(''':f,~)f whidl is h<,re1<~ attachl\1 :lId
made a part hl..'rcol, 1pl' Ihi..! .~:" 1 t) C 1\'11: Cellter I.lpol Rl.'lHn'allOlJ
NOW, THEREFt lRE, if the I'rin,ipal shall wdl. truly and J:lithfully perliulll aud 1[lllill all
of the undertakings, covcn:mts, terms, wnditi'"ls and agreelllelllS of said Contract in acwrd;1I1c','
\\'ith the Plans. SpeciJications :lIld COlllraet l)onllllelllS during the original term th~rl'of al1d any
extension thereof \\'hidl lIIay be granted by the OWllC'r. with nr without notice 1<' the Surd\'. al1d
during the li!i: of any guaranty or warranty r,'qllil'l'd uncleI' this Contract, and shall also "dl and
truly perlill'l1l and fulJiIl all the undertakings. CO\'Cll:mlS, tcrms, conditions alld agreelllelllS "f allY
and all duly authurized nH,dilications of said ('<'''traclth", lIIay hereaJier be made, IH'lil'l' "f "hidl
1ll0diliC4.ltioIlS 10 the Surl.'ty hl.'Lng hereby \\'ai\'l'd: :lJlu. if lhe Principal ....11:111 n....l'air and/or l'l.'pl;I(l.' ;111
de!i:,ts due to J:llIhy IIwterials and worklllallship Ih:lI appear within a p''J'iod of one ( II year Ih'1I1
the date of Jinal cOlllpktillll and linal acccptallce uf the Wnrk by the O"ner: alld, if the Principal
shall lidly indemnify and sa\'e harmless till' Owner frolll all wsts and dalllages whieh Owner llIay
suffer b)~ reasonuf Iltilure III St.' perl'lrm h''J',.in al1d shall fully reimburse and repay Owner allllul!:,,'
and expense which thc UWIll.'r may incur in making good any (k'l~lUIt or ddicil'IH:Y. thl'll thi~
ohligation shall he void: tllhL'r\"i:-il."" il shall rcmain ill rull JI..ln:c.: :llId l.'rf~:;:1.
I'll.)
'.'
PROVIDED FURTlIER. 11m il" any kg;iI :lctiun be libl upun lhis [Jund. e~dusiw ,'etHIC'
shall lie in DenlOn CDllIlly. State ul"Te"ls,
AND PROVIDED FURlIIER. thatlhe said SurelY. li.>r ,'alue reed,'ed, hereby stipulaws and
agrl:C's thm Iln chang.c. ('Xh.:nsillll ufliml.:, altnatiul1 or addition to thl' t~nllS pI' thi.: Contract. tlr In tht.'
Work 10 he p,'rlimncd Ihercunder, ,II' lu the Plans. Speeilicaliuns. Drawings, ele,. al'culllpall\'illg Ihe
sallle. shall in anywise al'ii:et its obligatioll on this Bond, and it duc's herehy \\'aive nuticl' 01" any
sllch chi.lng~. L'XH.'l1SiOIl or lime. altt'ration IIf addition 10 Ihl~ h.'rlns of the Contract. or III the.: \Vnrk to
he perfI.1rnh.:d thl.'h?llll(k'L (II" 10 the Plalls. SpL'c:ilic:atiolls. Drawings. ~h':.
This Bond i~ giv('1} pursuant III tile pw\'isiolls uf Chapter 2~53 tlflhl" Texas (j nhTll1 11..' II 1
Code. as alllendl'd, and any olher applil'abk sial utes ul" the Slate ul" Te~as,
The 1Illtkrsiglli.:d and designalL'J ~lgl..'lll is hereby designated hy the Stll\:iy h('I\:in ~IS tIll..'
Rcsident Agent ill Denton Coullly to \\'lwlll any rcquisite notices 1ll:IY be del ive,,,,,j and "n \\'holl1
service of process may be had ill m:tllL'fS arising out of slIch SlII\.'tyship. as provided hy .'\nick' 7,11)-
I orthe Insuranec Code. Vernoll's ,'\llllo1ated Civil Statutes ol"the Stale "I" TC"ls,
IN WITNESS WHU{EOF, Ihis ill,lrllll1l'1l1 is e~cculed in :L"'yic's, ,'aeh Olll' or whil'h shall
be decmcd all original. this the ~8thday of July , __ 2006_.~,
/\TTEST:
l'RINClI',\1.
Ill': oIL~ ~~J.------
SECRETt\R Y
Sunbelt Pools, Inc.
L1Y: I'R{<::~ f!o~~Yl1~J
;\ITEST:
SUI{ETY
BY: vJc~eM.a-c.lc--
SureTec Insurance Company ~
BY:'-f~~~)
ArTORNI:Y-IN-F:\CT
Pauline L. Lesch
Thc Residelll Agclll 01" the SlII'ely ill llentoll COUllty, Te~as lor ddi,'cry or Iloticc alld SC'ITi,',' or Ihe
process is:
N;\ME: Ramey & King Insurance, Inc.
ATTN: Becky McKnight
STREET ADDRESS: _?JO North IH 35E--,-Jl~~to~_ Texas 76205
(NOTE: J);1tl: of PL'I'J~lmHlIKL' BlInd llllb! ilL' dak \If Ctllllral'L If Rl:'sidCII1 ..\gL'lll i~ Ilut a (orpL1r:ni(lll. !..:jr.: a
pl:rson's IHlIllL'.)
1'13 - 2
o~~
~\~f
SureTec Insurance Company
THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION
Statutory Complaint Notice
To obtain information or make a complaint: You may call the Surety's toll free telephone
number for information or to make a complaint at: 1-866-732-0099. You may also write to the
Surety at:
SureTec Insurance Company
9737 Great Hills Trail, Suite 320
Austin, TX 78759
You may contact the Texas Department of Insurance to obtain information on companies,
coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of
Insurance at .
PO Box 149104
Austin, TX 78714-9104
Fax#: 512-475-1771
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or
about a claim, you should contact the Surety first. If the dispute is not resolved, you may
contact the Texas Department of Insurance.
----------------------------------------------------------------------------------------------------------------------------
Terrorism Risks Exclusion
The Bond to which this Rider is attached does not provide coverage for, and the surety shall
not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war.
------------------------------------------------------------------------------------------------------------------
Exclusion of Liability for
Mold, Mycotoxins, Fungi & Environmental Hazards
The Bond to which this Rider is attached does not provide coverage for, and the surety
thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines,
spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental
hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup,
nor the remediation thereof, nor the consequences to persons, property, or the performance
of the bonded obligations, of the occurrence, existence, or appearance thereof.
Texas Rider 010106
POA #, 4221029
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPAN~'Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
Clem F. Lesch, Pauline L. Lesch~en W. Lewis, Barry Romito, Patrick C. Locke, Allen Sparks
of Oall.., Texas its true and lawful Attomey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to
execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to
include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed
Five Million and no/100 Dollars ($5,000,000.00)J
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and con mning all that the said Attomey(s)-in-Fact may do in the
premises. Said appointment shall continue in force until June 30 2007 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint anyone or more suitable persons as Attomey(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and docwnents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attomey~in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2(j~ a/April,
1999)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 20th day of June, A.D. 2005.
.."
uRANC'!<.
~<;.-_..".,,~
'~~' "('
Jt/ 'j.. -f/\9..
,..;1 :""
wilLI :~.
0:\ ~71;r.i
~"./.. /--r
...................
~........
On this 20th day of June, A.D. 2005 before me personally came Bill King, to me known, who, being by me duly sworn, did depose and say, that he
resides in Houston, Texas, that he is President of SliRETEC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
By:
CE COMPANY
State of Texas
County of Harris
5S:
,
e Mi==V
· . 8Iale oIText:11
., CclmmIsItan Exphes
Of~ Augusl27,2008
M~I~N~
My commission expires August 27,2008
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this 18 th day of
July
,2006 ,AD.
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call (713) 812..Q800 an~' business day between 8:00 am and 5:00 pm CST.
~
~\O~P
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below. It is highly recommended that
bidders confer with their respective insurance carriers or brokers to determine in advance of Bid
submission the availability of insurance certificates and endorsements as prescribed and provided
herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that
bidder may be disqualified from award of the contract. Upon bid award, all insurance
requirements shall become contractual obligations, which the successful bidder shall have a duty
to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall
provide and maintain until the contracted work has been completed and accepted by the City of
Denton, Owner, the minimum insurance coverage as indicated hereinafter.
As soon as practicable after notification of bid award, Contractor shall file with the Purchasing
Department satisfactory certificates of insurance, containing the bid number and title of the project.
Contractor may, upon written request to the Purchasing Department, ask for clarification of any
insurance requirements at any time; however, Contractors are strongly advised to make such
requests prior to bid opening, since the insurance requirements may not be modified or waived after
bid opening unless a written exception has been submitted with the bid. Contractor shall not
commence any work or deliver any material until he or she receives notification that the contract
has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply with
the following general specifications, and shall be maintained in compliance with these general
specifications throughout the duration of the Contract, or longer, if so noted:
. Each policy shall be issued by a company authorized to do business in the State of
Texas with an A.M. Best Company rating of at least A.
. Any deductibles or self-insured retentions shall be declared in the bid proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its officials, agents, employees and
volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
. Liability policies shall be endorsed to provide the following:
.. Name as additional insured the City of Denton, its Officials, Agents, Employees
and volunteers.
.. That such insurance is primary to any other insurance available to the additional
insured with respect to claims covered under the policy and that this insurance
applies separately to each insured against whom claim is made or suit is brought.
The inclusion of more than one insured shall not operate to increase the insurer's
limit of liability.
. All policies shall be endorsed to read:
"SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR
MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE
BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS
BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10
DAYS ADVANCE WRITTEN NOTICE IS REQUIRED".
. Should any of the required insurance be provided under a claims-made form, Contractor
shall maintain such coverage continuously throughout the term of this contract and,
without lapse, for a period of three years beyond the contract expiration, such that
occurrences arising during the contract term which give rise to claims made after
expiration of the contract shall be covered.
. Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or legal
defense costs to be included in the general annual aggregate limit, the Contractor shall
either double the occurrence limits or obtain Owners and Contractors Protective
Liability Insurance.
. Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse
date. If insurance is not reinstated, City may, at its sole option, terminate this
agreement effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with these
additional specifications throughout the duration of the Contract, or longer, if so noted:
. [X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $ 1,000,000
shall be provided and maintained by the Contractor. The policy shall be written on an
occurrence basis either in a single policy or in a combination of underlying and
umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
. Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this contract
and broad form property damage coverage.
. Coverage B shall include personal injury.
. Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and
ISO Form GL 0404) is used, it shall include at least:
. Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCV) exposures.
. Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single
Limits (CSL) of not less than $500,000 either in a single policy or in a combination of
basic and umbrella or excess policies. The policy will include bodily injury and property
damage liability arising out of the operation, maintenance and use of all automobiles and
mobile equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
.
any auto, or
.
all owned, hired and non-owned autos.
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in addition
to meeting the minimum statutory requirements for issuance of such insurance, has
Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment I in accordance with 9406.096
of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation
Commission (TWCC).
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which may arise in the
prosecution of the work or Contractor's operations under this contract. Coverage shall be on
an"occurrence" basis, and the policy shall be issued by the same insurance company that
carries the Contractor's liability insurance. Policy limits will be at least
combined bodily injury and property damage per occurrence with a aggregate.
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a City building. Limits of not less
than each occurrence are required.
[ ] . ProCessional Liability Insurance
Professional liability insurance with limits not less than per claim with respect to
negligent acts, errors or omissions in connection with professional services is required under
this Agreement.
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a "blanket" basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access to
City funds. Limits of not less than each occurrence are required.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific contract,
that requirement will be described in the "Specific Conditions" of the contract specifications.
ATTACHMENT 1
[X] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate
of authority to self-insure issued by the commission, or a coverage agreement (TWCC-
81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation
insurance coverage for the person's or entity's employees providing services on a
project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project
until the contractor's/person's work on the project has been completed and accepted by
the governmental entity.
Persons providing services on the project ("subcontractor" in 9406.096) - includes all
persons or entities performing all or part of the services the contractor has undertaken to
perform on the project, regardless of whether that person contracted directly with the
contractor and regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers,
owner-operators, employees of any such entity, or employees of any entity which
furnishes persons to provide services on the project. "Services" include, without
limitation, providing, hauling, or delivering equipment or materials, or providing labor,
transportation, or other service related to a project. "Services" does not include
activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification codes
and payroll amounts and filing of any overage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all employees of the
Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior
to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the coverage
period, file a new certificate of coverage with the governmental entity showing that
coverage has been extended.
E. The contractor shall obtain from each person providing serVIces on a project, and
provide to the governmental entity:
(1) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage
for all persons providing services on the project; and
(2) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
G. The contractor shall notify the goverrunental entity in wntmg by certified mail or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how a
person may verify coverage and report lack of coverage.
I. The contractor shall contractually require each person with whom it contracts to provide
services on a project, to:
(1) provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
(2) provide to the contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees
of the person providing services on the project, for the duration of the project;
(3) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(4) obtain from each other person with whom it contracts, and provide to the
contractor:
(a) a certificate of coverage, prior to the other person beginning work on the
project; and
(b) a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
(7) contractually require each person with whom it contracts, to perform as required
by paragraphs (I) - (7), with the certificates of coverage to be provided to the
person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of coverage,
the contractor is representing to the governmental entity that all employees of the
contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be based
on proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance carrier or, in the case of a self-
insured, with the commission's Division of Self-Insurance Regulation. Providing false
or misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
K. The contractor's failure to comply with any of these provisions is a breach of contract
by the contractor which entitles the governmental entity to declare the contract void if
the contractor does not remedy the breach within ten days after receipt of notice of
breach from the governmental entity.
Instructions to Invoice Attachment
THE INVOICE ATTACHMENT IS NOT A SUBSTITUTE FOR A NOTARIZED APPLICATION FOR PERIODIC PAYMENT.
THAT DOCUMENT IS STILL NECESSARY AND SHOULD BE INCLUDED WITH THE INVOICE ALONG WITH THIS INVOICE ATTACHMENT.
Use
this
fonnif
You are bound under a construction contract with the City of Denton.
Your contract includes a clause for the withholding of retainage.
You are submittillg an invoice for payment to the City of Denton.
Lines 1.5
Line 6
Llne7
Line 8
Line 9
Line 10
Line 11a
Line 11b
Line 12a
Line 12b
LIne 13a
Line 13b
Line 148 . 14b
Line 15a
Line iSb
LIne 16a
LIne 16b
Line 17
Line 18a
Line iSb
Enter the information required for a payment to be processed. It includes a valid purchase order number issued
by the City of Denton, as well as your invoice number and date. Your invoice will not be paid without this information.
Specify the construction period for which you are seeking payment. Include the period number and period dates.
Check "Yes" if this is the final invoice for this project. The fmal invoice should include the release of retainage that has been withheld.
Enter the original contract amount approved by the City of Denton.
Enter the amount of any approved change orders that increases or decreases the amount of the original contract.
This amount should be the total value of the contract after all changes have been applied.
Enter the amount of work performed on the original contract from inception to date. Show project totals only.
Enter the amount of work performed on the original contract in this reporting period only. Do not include any prior periods in this calculation.
Enter the amount of any additional work performed from inception to date. Show project totals only.
Enter the amount of any additional work performed in this reporting period only. Do not include any prior periods in this calculation.
Enter the amount of any materials on hand from inception to date. Show project totals only.
Enterthe amount of any materials on hand in this reporting period only. Do not include any prior periods in this calculation
These lines identify the value of the work performed for the project from its beginning as well as the value of work performed this period.
Enter the amount retained based upon the value of work performed on the project to date.
Enter the amount retained based upon the value of work performed this period.
This is the amount earned on the project after retainage has been withheld.
This is the amount earned in the current period. It should equal the payment amount you are expecting from the City of Denton.
Enter the amount of all previous payments you have received on this project.
This is the amount due based upon the project totals to date. It is the cumulative total of all transactions related to this project
This is the amount due based upon current period totals. It should match the invoice attached to this schedule.
line 18a and line 18b MUST be the same amount. It is the reconcilation between period and project totals.
You must sign and date the Invoice Attachment. The Invoice Attachment should be mailed along with the invoice for payment.
Paga2
28
City of Denton, Texas
Invoice Attachment
Vendor Name;
2 Project Name:
3 Purchase Order Number:
4 Vendor Invoice Number:
5 Vendor Invoice Date:
6 The following is period estimate number
for the period from
to
7 Is this the final invoice for this project?
Yes
No
8 Original contract amount
8
9 Approved change orders
9
10 Add lines 8 and 9. This is the current contract amount.
10
11 Enter the amount of work performed on original contract.
Project T atals To Date Period Totals
11a 11b
12a 12b
13a 13b
14a 14b
15a 15b
16a 16b
17
12 Enter the amount of work performed on approved change orders.
13 Enter the amount of materials on hand.
14 Add Jines 11, 12, and 13. This is the total value of work performed.
15 Multiply line 14 by .05. This is the amount retained (5%).
16 Subtract line 15 from line 14. This is the net amount earned.
17 Enter the amount of all previous payments.
18 In 18a, subtract 17 from 16a. In 18b, enter the amount from 1Gb.
This is the balance due with this invoice.
The amount in 18a MUST equal the amount in 18b.
18a
18b
The undersigned Contractor certifies that all work, including materials on hand, covered by this schedule has been completed or delivered and stored
in acordance with the Contract Documents, that all amounts have been paid by him for work, materials, and equipment for which previous periodic
payments were issued and received from the City of Denton, and that the current payment shown herein is now due.
Signed
Date
Page 1
27
LACORD_ CERTIFICATE OF LIABILITY INSURANCE OP 10 r~ DATE (MMfDDIYYYY)
SUNPD2N 06/19/06
~~- THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
.," . Associates Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Agency, Inc., License #OD36866 HOLDER. THIS CERTIFICATE OOES NOT AMEND, EXTEND OR
46~6 E. Van Buren, #200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Phoenix AZ 85008 ZOOS JUN 23 Prl I
Phone: 602-273-1625 ~ 11 INSURERS AFFORDING COVERAGE NAICII
INSURED INSURER A American In't8Zn..tional Group I
Sunbelt Pools Inc./' Q\Y INSURER B Arch Spoeial ty Insur;aneg Co. I
\\()\b~ INSURER c: Arch Insurance Company I 11150
10555 Plano Road
Dallas TX 75238-1305 ~ 'J INSURER 0
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOT'WITHSTAN01NG
ANY REQUIREMENT. TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WiICH THIS CERTIFICATE MAY Be ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORCED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDIT10NS OF SUCH
POLICIES. AGGREGATE lIMfTS SH'OVWol MAY HAVE BEEN REDUCED BY PAID CLAIMS
LTR ;;;Soil TYPE OF INSUR&NCE POLICY NUMBER I '61~~J=~ra:f~E l~kfEt(~'fb~~N LIMITS
rr~~V I EACH OCCURRENCE 01,000,000""--
B 'X COMMERCIAL GENERAL LIABILITY ~LB9009100~ 09/27/05 09/27/06 PREMISES (Ea occurenee) $100,000
' CLAIMS MADE ~ OCCUR.. MEO EXP (Any one person) $ 5,000
PERSONAL & ADV INJURY $1,000,000
GENERAL AGGREGATE .2,000,000 __
nN'lAGG~n,~~ APPLIES PER: PRODUCTS - COM PlOP AGG $2,000,000
POLICY JECT ["llOC Emp Ben. 1,000,000
! AUTOMOBIL.E LIABILITY........ 2~INED SINGLE LIMIT $1,000,000 ;'
C K ANY AUT~ ZACAT9007400/ 09/27/05 09/27/06. aaccfdent)
- All OWNED AUTOS BODILY INJURY .
SCHEDULED AUTOS (Per person)
- HIREDAUTOS/
~ /' BODILY INJURY $
~ NON.OWNED AUTOS (Per accident)
f- PROPERTY DAMAGE $
(Per acddern)
~RAGE LIABILllY I AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACe .
AUTO ONLY: AGG $
~~SSlUMBRf.LLA LIABILITY I EACH OCCURRENCE $1,000,000
A X OCCUR 0 CLAIMS MADE BE4766307 I 09/27/05 09/27/06 AGGREGATE $1,000,000
L- $
;j ~EDUCT1BLE I I.
Ix RETENTION 010,000 S
WORKERS COMPENSA110N AND /' ZAWCI9015900 /' 09/27/051 l /[TORYLlMITS I xivER'- r
C EMPLOYERS' LIABILITY 09/27 /06"j!L EACH ACCIDENT $1,000,2QO ;'
ANY PROPRIETOR/PARTNERlEXECUTIVE
OFFICERlMEMBER ExCLUDED? E.l. DISEASE - EAEMPlOYEE $1,000,000 -
!f~, Oescribe under
S EClAl PROVISIONS belDw E.l. OlSEASE - POLICY LIMIT . 1,000,000
I OTHER I
i
DESCRIPTION OF OPERATIONS I LOCATIONS' VEHICLES' EltCLUSroNS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Bid#3519-Civic Ctr Swimming Pool Renovations. Additional insured for gen
liab per form CG2010 07 O~itv of Denton. it's officials, agents,
employees and voluntoers. Insurance is primary to any other insurance
availbale to the additional insured w/respect to claims covered under the
po~icy and that this insurance applies separate~y to Qach insurod (cont.)
./
CERTIFICATE HOLDER
CITD018
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
~
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* "DAYSWRITT'EN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO so SHALL
IMPOSE NO OBLIGATION OR LIABILI'TY OF ANY KIND UPON THE INSURER, JTS AGENTS OR
City of Denton /
Purchasing Department
901-B Texas St
Denton TX 76209
v
ACORD 25 (2001108)
;NOTEPAO" HOLDER CODE CI'l'D018 ,1:cf~1F SUNP02N ~:
,-.' .":. . _n" _1~SUREO:~.~E..~~~t Pools 'C. OPID PO
against'whom claim is made or suit is brought. The of more than
one insured shall not operate to increase the insurer's limit of _ ~
liability. Waiver of subrogation app~ies to work camp per attache~
weoo 03 13. *Except 10 days notice for non payment of premium,
. '~';,,:;~;i~~G~': 2,;:r
DATE 0~l~9106.
",,' "<
~llIa..lCCn_ _IUmONAND~UA8lU1Y1NIURANCEPOUCY
M: DOGS 1S
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
\\It hew the rigfttto ~ CUr ....." - .~ hm 8!yOM lIbi1l fir .. irljury ;lMlnId by "'II; paley, \'\It oIliI nlll enflrce
aur ~....... ~an or ~lrIIicln n-.d In ltIlI tiedu... (ThIs 1Ill........' ~ anly 10 ""'~ _ you
PIIfCfm_lIllder, wnn.. ccnlract _ ~ yau to alllIilllhlt ...._... fr'cm ....)
1Na1O......'.llIh8II not apM8IIl CliJaCly fIT IncIIl8clly 10 -..lIl1nl'Oll8 nCllI\lrlllld In lIle SdllllfUle.
SClfEDllU;
City of Denton, ~'s officials, employees, agents and volunteers /'
RE: Civic Center Swimming Pool Renovations
ilIia ___._.L "'-laW .. JIClIc1to wldelllr ia 1o~...c:1 n .. \IIf8I:lMI an th..-Iaulld llIlIIIs ~... "~_.
lTh8 ilA... . ...... RlIlIUd ClIIly...... ......_..-IIt iI iIaIed - . . '-1l to 11>. ...... ".. "'*'r-)
&.4"".._.1 ~ '09-27.05
PaRe, No. ZAGLB9009100
EndOl_._.l No.
InlUl1ld Sunben Pools Inc
lnsy_ce~A1la ~ COKPAHY
I'I'l!mllm
Cauntertlglwd By
...........~.. - . .
--
I'
CITY OF DENTON
BID #3519 for Clvfc Center Swimming Pool Renovation
II
PROPOSAL (BID) FORM - cont'd
-
Provide prices in words and in numerals below:
I
....
I
CONTRACT 'C':
Item Description (Price to be written In words)
No.
Unit Price
Total Price
1-
1C Furnish all labor, materials, equipment,
superintendence, insurance, and all other 1 LS $ 97,544.00 $ 97,544.00
incidentals for the constructionlinstaUation
of all slide foundations, plumbing, pumps,
electrical, plumbing connection to
waterslide, etc. (excluding slide delivery,
unloading and installation ,of slide tower,
stairs and nume sections) for the 15.O-fool
slide plalfonn with 35-inch diameter open
flume waterslide according to the Plans,
complete and in place, for
Ninety seven thousand
Five hundred forty four DOLLARS
and Zero CENTS
I per Lump Sum.
I-
I-
.
I-
DEDUCT ALTERNATE - CONTRACT 'C':
Item Description (Price to be written In words)
No.
Unit Price
Total Price
j
t
t
2C If the e-'ectrical wiring and conduit to the
existing walerslide pump are found 1 LS $ 3,657.00. $ 3,657.00
adequate for reuse, DEDUCT from
Contract 'C' for reusing this existing
conduit and wiring tor the new pump motor
as indicated on the Plans,
Th~ee thousand six hundred
fifty seven DOLLARS
and Zero CENTS
per Lump Sum.
,
l-
i
.-
I
I
PAGE 4 OF BID #3519
Bidder's Initials
fl-.-
~-
~
.
I
J
Ii'
CITY OF DENTON
BID #3519 lor Civic Center Swimming Pool Renovation
II
PROPOSAL (BID) FORM - cont'd
11
Provide prices in words and in numerals below:
I
ADD Al TERNATE."CONTRACJ'C';
Item Description (Price to be written In words)
No.
Unit Price
Total Price
I
3C Furnish all labor, materials, equipment, * $ 9,850.00 *
superintendence. Insurance, and all other llS $ 9,850.00
inckjentals for the constructionJinstallation
of all slide foundations, plumbing, pumps,
electrical, plumbing connection 10
walersllde, ete. (excluding slide delivery,
unloading and installation of slide tower,
stairs and flume sections) required for
construction of the single flume drop slide .
(tower height = 12'-10") accordIng to the
Plans, complele and in place, for
Nine thousand eight hundred
fifty DOLLARS
and Zero CENTS
oer Lumo Sum.
I
I
I
I
* Note: Price for 3C assumes that Ie has been accepted.
I~
,
IL-
IL
I~
I~'
Ie-
.:-
1-
PAGE 50F BID #3519
Bldde(s Inlllals
rt.--
I,
,
I
'-
.--.--.-----......-------......:..;
CITY OF DENTON
BID #3519 lor Civic Center Swimming Pool Renovation
opening.
The undersigned affirms he has familiarized himself with the local cond~ions under which the work
is to be performed; satisfied himself of the conditions of delivery, handling and storage of
equipment and all other [Tlatters that may be incidental to the work. before submitting a bid.
The undersigned agrees, if this bid is accepted, to furnish any and al/ items/services upon which
prices are offered, at the' price(s) and upon the terms and conditions contained in the
Specifications. The period for acceptance of this Bid Proposal will be sixty (60) calendar days
unless a different period is noted by the bidder.
The undersigned affirms that they are duly authorized to execute this contract, thai this bid has
not been prepared in collusion wnh any other Bidder, nor any employee of the City of Denton, and
Ihat the contents of this bid have not been communicated to any other bidder or to any employee
of the City of Denlon prior to the official opening of Ihis bid.
Vendor hereby assigns to purchaser any and all claims for overcharges associated with this
contract which arise under the antitrust laws oHM United Slates, 15 USCA Section 1 ~., and
which arise under the antilrust laws of the State of Texas, Tex. Bus. & Com. Code,
Section 15.01,~.
The undersigned affirms that they have read and do understand the specifications and any
attachments contained in this bid package.
NAME AND ADDRESS OF COMPANY:
Sunbelt Pools, Inc.
10555 PIano Rd
Dallas TX 75238
AUTHORIZED REP
Signature
Date June 20, 2 06
Name Rob Morgan
TrtJe President
Fax No. 214 343-1201
Tel. No. 214 343"1133
Email.
robm@sunbeltpools.com
COMPANY IS:
Business included in a Corporate Income Tax R'etum? x YES
~Corporation organized & existing under the laws of the State of
_Partnership consisting of
_Individual trading as
~Principal offices are in the city of
NO
Texas
Dallas
PAGE 6 OF BID #3519
Bidde(s Inltlals~