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2006-227 ORDINANCE NO. 2,106- 2 2 'i AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND A WARDING A CONTRACT FOR THE PURCHASE OF NATATORIUM MEDIUM PRESSURE ULTRAVIOLET LIGHT DISINFECTION SYSTEM; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3539-NATATORIUM MEDIUM PRESSURE ULTRAVIOLET LIGHT DISINFECTION SYSTEM AWARDED TO TEXAS AQUATIC SUPPLY, INC. IN THE AMOUNT OF $52,700). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFOR, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER VENDOR AMOUNT 3539 Texas Aquatic Supply, Inc. $52,700 SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this //;'!fzday of tJ./A' fid , 2006. ~~;~~YoR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: (jtlJl1 ill t!lJ1tiJJ!t" !Ju;t APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY ~ BY: 3-0RD-BID 3539 CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND BID NO. 3539 THIS CONTRACT is made and entered into by and between DL Smith and Associates. Inc.. dba Texas Aquatic Supply. Inc. a corporation, whose address is P.O. Box 703567. Dallas. Texas 75370-3507, hereinafter referred to as "Contractor," and the CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and subsequent execution of this Contract by the Denton City Manager or his duly authorized designee. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: I. SCOPE OF SERVICES Contractor shall provide all labor, supervision, materials and equipment necessary for Natatorium Medium Pressure Ultraviolet Light Disinfection System. These products and services shall be provided in accordance with the Specifications for Bid #3539-Natatorium Medium Pressure Ultraviolet Light Disinfection Svstem, a copy of which is attached hereto and incorporated herein as Exhibit "A" (or on file in the office of the Purchasing Agent), and the Contractor's Bid in response thereto, a copy of which is attached hereto and incorporated herein for all purposes as Exhibit "B". The Contract consists of this written agreement and the following items which are attached hereto and incorporated herein by reference: (a) Specifications for Bid #3539 Natatorium Medium Pressure Ultraviolet Light Disinfection Svstem ;(Exhibit "A" or on file in the office of the Purchasing Agent). (b) Contractor's Bid. (Exhibit "B"); (c) Insurance Requirements. (Exhibit "C"); (d) Form crQ - Conflict of Interest Questionnaire (Exhibit "D"). These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to the written agreement then to the contract documents in the order in which they are listed above. These documents shall be referred to collectively as "Contract Documents." S:\prch\Contracts Documents\3539 Natatorium UV Disinfection System.doc II. TIME OF COMPLETION Contractor agrees and covenants that all work hereunder shall be complete within ( ) days following notice to proceed from City. Or III. TERM OF CONTRACT The initial term of this Contract shall be through completion and acceptance of the project. IV. WARRANTY Contractor warrants and covenants to City that all goods and services provided by Contractor, Contractor's subcontractors, and agents under the Agreement shall be free of defects and produced and performed in a skillful and workmanlike manner and shall comply with the specifications for said goods and services as set forth in this Agreement and the Bid Specifications attached hereto and incorporated herein as Exhibit "A"(or on file in the office of the Purchasing Agent). Contractor warrants that the goods and services provided to City under this Agreement shall be free from defects in material and workmanship, for a period of one (1) year commencing on the date that City issues final written acceptance of the project. V. PAYMENT Payments hereunder shall be made to Contractor following city's acceptance of the work and within thirty (30) days of receiving Contractor's invoice for the products and services delivered. Total compensation under this contract shall not exceed the sum of $52.700. Contractor recognizes that this Contract shall commence upon the effective date herein and continue in full force and effect until termination in accordance with its provisions. Contractor and City herein recognize that the continuation of any contract after the close of any given fiscal year of the City of Denton, which fiscal year ends on September 30th of each year, shall be subject to Denton City Council approval. In the event that the Denton City Council does not approve the appropriation of funds for this contract, the Contract shall terminate at the end of the fiscal year for which funds were appropriated and the parties shall have no further obligations hereunder. S:\prch\Contracts Documents\3539 Natatorium UV Disinfection System.doc VI. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC Contractor shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws. The safety precautions actually taken and the adequacy thereof shall be the sole responsibility of the Contractor. Contractor shall indemnify City for any and all losses arising out of or related to a breach of this duty by Contractor pursuant to paragraph VIII. INDEMNIFICATION and paragraph IX. COMPLIANCE WITH APPLICABLE LAWS set forth herein. VII. LOSSES FROM NATURAL CAUSES Unless otherwise specified, all loss or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstances in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. VIII. INDEMNIFICATION Contractor shall release, defend, indemnify and hold the City, its elected officials, officers and employees harmless from and against all claims, damages, injuries (including death), property damages (including loss of use), losses, demands, suits, judgments and costs, including attorney's fees and expenses, in any way arising out of, related to, or resulting from the services provided by Contractor under this Agreement or caused by the negligent act or omission or the intentional act or omission of Contractor, its officers, agents, employees, subcontractors, licensees, invitees or any other third parties for whom Contractor is legally responsible (hereinafter "Claims"). Contractor is expressly required to defend City against all such Claims. In the event the City is a named party to a suit arising out of the subject matter of this Contract, the City shall have reasonable input into the selection of defense counsel to be retained by Contractor in fulfilling its obligation hereunder to defend and indemnify City. City reserves the right to provide a portion or all of its own defense; however, City is under no obligation to do so. Any such action by City is not to be construed as a waiver of Contractor's obligation to defend City or as a waiver of Contractor's obligation to indemnify City pursuant to this Contract. Contractor shall retain defense counsel within seven (7) business days of City's written notice that City is invoking its right to indemnification under this Contract. If Contractor fails to retain counsel within such time period, City shall have the right to retain defense counsel on its own behalf, and Contractor shall be liable for all costs incurred by City. S:\prch\Contracts Documents\3539 Natatorium UV Disinfection System.doc IX. COMPLIANCE WITH APPLICABLE LAWS Contractor shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations including all amendments and revisions thereto, which in any manner affect Contractor or the work, and shall indemnify and save harmless City against any claim related to or arising from the violation of any snch laws, ordinances and regulations whether by Contractor, its employees, officers, agents, subcontractors, or representatives. If Contractor observes that the work is at variance therewith, Contractor shall promptly notify City in writing. X. VENUE The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Contract. The parties agree that this Contract is performable in Denton County, Texas, and that exclusive venue shall lie in Denton County, Texas. XI. ASSIGNMENT AND SUBLETTING Contractor agrees to retain control and to give full attention to the fulfillment of this Contract, that this Contract shall not be assigned or sublet without the prior written consent of City, and that no part or feature of the work will be sublet to anyone objectionable to City. Contractor further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this Contract, shall not relieve Contractor from its full obligations to City as provided by this Contract. XII. INDEPENDENT CONTRACTOR Contractor covenants and agrees that Contractor is an independent contractor and not an officer, agent, servant or employee of City; that Contractor shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondeat superior shall not apply as between City and Contractor, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. S:\prch\Contracts Documents\3539 Natatorium UV Disinfection System.doc XIII. INSURANCE AND CERTIFICATES OF INSURANCE Contractor shall procure and maintain for the duration of the contract insurance coverage as set forth in the Insurance Requirements marked Exhibit "C" attached hereto and incorporated herein by reference. Contractor shall provide a signed insurance certificate verifYing that they have obtained the required insurance coverage prior to the effective date of this Contract. XIV. HINDRANCES AND DELAYS No claims shall be made by Contractor for damages resulting from hindrances or delays from any cause during the progress of any portion of the work embraced in this Contract. XV. AFFIDAVIT OF NO PROHIBITED INTEREST Contractor acknowledges and represents it is aware of all applicable laws, City Charter, and City Code of Conduct regarding prohibited interests and that the existence of a prohibited interest at any time will render the Contract voidable. Contractor has executed the Affidavit of No Prohibited Interest, attached and incorporated herein as Exhibit "D". XVI. SEVERABILITY The provisions of this Contract are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Contract is for any reason held to be contrary to the law or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of the Contract. However, upon the occurrence of such event, either party may terminate this Contract by giving the other party thirty (30) days written notice. XVII. TERMINATION City may, at its option, with or without cause, and without penalty or prejudice to any other remedy it may be entitled to at law, or in equity or otherwise under this Contract, terminate further work under this contract, in whole or in part by giving at least thirty (30) days prior written notice thereof to Contractor with the understanding that all services being terminated shall cease upon the date such notice is received. S:\prch\Contracts Documents\3539 Natatorium UV Disinfection System.doc XVIII. ENTIRE AGREEMENT This Contract and its attachments embody the entire agreement between the parties and may only be modified in writing if executed by both parties. XIX. CONTRACT INTERPRETATION Although this Contract is drafted by City, should any part be in dispute, the parties agree that the Contract shall not be construed more favorably for either party. XX. SUCCESSORS AND ASSIGNS This Contract shall be binding' upon the parties hereto, their successors, heirs, personal representatives and assigns. XXI. HEADINGS The headings of this Contract are for the convenience of reference only and shall not affect in any manner any of the terms and conditions hereof. IN WITNESS WHEREOF, the parties have executed this Contract by signing below. ~'i-P.S Aq Ua.t\ c. 509P l1- By: co~ Name: 17A-V 1"0 L - .I fI4,'T/.( Title: poIUir. ns-,YT- [era 8(rfl0b Date: CITY OF DENTON, TEXAS ~ Date: q!Blo~ By: i~) CITY MANAGER S:\prch\Contracts Documents\3539 Natatorium UV Disinfection System.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: qam t(11/iJ( ;/-Inl.'1 aut I BY: ACKNOWLEDGMENTS STATE OF TEXAS ~ ~ COUNTY OF DENTON ~ This instrument was acknowledged before me on the lf1J'ay of /Jv{Afi S r 2006 by Do... lId L. Sry.;,+n , -lQxll-s, AeJua:n'L. <it . <) l~' "\ . a :{OIlIlD , corporation, on behalf of said corporation. Ie ,..~ WWWII I .cv - w:... ......, It. _ , d~~' (;U'\WaYW) Notary Pic, tate of Texas STATE OF TEXAS ~ ~ COUNTY OF DENTON ~ This instrument was acknowledged before me on the ~ day of ~..-tP .P.." -'- 2006 by fH W/r;r.,O /?'J.4-t 7T~ , City Manager of the CITY OF D NTON, TEXAS, a home-rule municipal corporation, on behalf of said corporation. LINDA HOLLEY Notary Public, State of Texas My Commission Expires December 08, 2009 ~~o~~ S:\prch\Contracts Documents\3539 Natatorium UV Disinfection System.doc 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 ofthis 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. S:\prch\Contracts Documents\3539 Natatorium UV Disinfection System.doc . 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 MA TERIALL Y CHANGE WITHOUT 30 DA YS 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. S:\prch\Contracts Documents\3539 Natatorium UV Disinfection System.doc 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: [Xl A. General Liability Insurance: General Liability insurance with combined single limits of not less than ~500.000 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. . 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. 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 $300,000 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 S:\prch\Contracts Documents\3539 Natatorium UV Disinfection System.doc . all owned, hired and non-owned autos. [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with ~406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an"occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least $ combined bodily injury and property damage per occurrence with a $ aggregate. [] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than $ per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. S:\prch\Contracts Documents\3539 Natatorium tJV Disinfection System.doc [ ] 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. S:\prch\Contracts Documents\3539 Natatorium UV Disinfection System.doc ATTACHMENT 1 [Xl 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 S406.096) - 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. S:\prch\Contracts Documents\3539 Natatorium UV Disinfection System.doc E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2. no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate-of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; 2. provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; S:\prch\Contracts Documents\3539 Natatorium UV Disinfection System.doc 4. obtain from each other person with whom it contracts, and provide to the contractor: a. a certificate of coverage, prior to the other person beginning work on the project; and b. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6. notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. S:\prch\Contracts Documents\3539 Natatorium UV Disinfection System.doc .. CITY OF DENTON BID FOR NATATORIUM MEDIUM PRESSURE ULTRAVIOLET LIGHT DISINFECTION SYSTEM DESCRIPTION TOTAL AMOUNT ...-.-. ------------ ---------- ----------------------- -------------,----.~ Base Bidlor Natatorium Medium Pressure Ultraviolet Light Disinfection System $ 12- '1" '0. ~ I Shipment can be made In ~ days from receipt of order. .Prlces shall be bid F.O.B. Denton **In case of calculation error, unit pricing shall prevail. Bidder Is an authorized distributor, by the manufacturer, and is authorized to e N/A sell to the City of Denton? YES . NO Date of Authorized Representative /)Avf)q L--_ ~ Tq,tff ,4.,~c,AUfIJ;. Company Name. 1/,1//0b PAGE 2 OF BID #3539 Bidder's Initi CITY OF DENTON BID FOR NATATORIUM MEDIUM PRESSURE ULTRAVIOLET LIGHT DISINFECTION SYSTEM The undersigned agrees this bid becomes the property of the City of Denton after the official opening. The undersigned affirms he has familiarized himself with the local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and storage of equipment and all other matters that may be incidental to the work, before SUbmitting a bid. .' ..,. The undersigned agrees, if this bid is accepted, to furnish any and all items/services upon which --'----prices'-are--offered;-at---the-price(~-and-.-t1pon-'the---terms-and-conditions--contain-e-d--in-th-e--------- Specifications. The period for acceptance of this Bid Proposal will be sixty (60) calendar days unless a different period is noted by the bidder. _ The undersigned affirms that they are duly authorized to_.execute this. contract, that this bid has not been prepared in collusion with any other Bidder, nor any emplOYee of the City of Denton, and that the contents of this bid have not been communicated to any other bidder or to any employee of the City of Denton prior to the official opening of this bid. Vendor hereby assigns to purchaser any and a,lI claims for overcharges associated with this contract which arise under the antitrust laws of~he United States, 15 USCA Section 1 et seq., and which arise under the antitrust laWs of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seq. ' The undersigned' affirms that they have read and do understand the specifications and any attachments contained in this bid package:---. . - NAME AND ADDRESS OF COMPANY: 1)1,. ~N ~ ~to~~.:hte. d6tl r~ ~ [<.r(J(lu/,:J#(;., f. (). j$.P'J<. '10) ~ 6 -;- D~1-rl. rx ?.ri;-o- J$"6q- , Tel. No. r7z,. - '11'l-- '-tJ 106 ~~Vf>6 a l'.t ,to j~ I~ It/Of) . Fax No. 11&-- 7J~- gJ,o> Email.tnas~11/(...T1"e.~...j?f1t.!ti2 Gbc::;~ilo"a /.hU: Signature Date Name Title COMPANY IS: Business included in a Corporate Income Tax Return? X YES Y Corporation organized & existing under the laws of the State of Partnership consisting of Individual trading as X Principal offices are in the city of NO T~4.J .(' ~ eftM'ffi -~~r? 1)~, { !Pf>l--I.-IN (0Vfv.-,"7) IX PAGE 3 OF BID #3539 Bond No. 4354320 PERFORMANCE BOND STATE OF TEXAS ~ COUNTY OF DENTON ~ DL Smith and Associates, ~ dba Texas KNOW ALL MEN BY THESE PRESENTS: That Aquatic Supply, Inc. whose addressis P.O. Box 703567, Dallas, Texas 75370-3507 ;- hereinafter called Principal, and SureTec Insurance 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 firmly bound unto the City of Denton, a municipal corporation organized and existing undej--the laws of the State of Texas, hereinafter called Ovmer, in the penal sum of ($ 52,700.00"""---------------------- ) DOLLARS plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBUGA TION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2006-227 with the City of Denton, the Owner, dated the 15 day of August A.D. 2006,.,:(~opy of which is hereto attached and made a part hereof, for Bid # 3539 - Natatorium Medium Pressure Ultraviolet Light Disinfection System./' NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear \\~thin a period of one (I) year from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PB -1 S:\prch\contract-bonds\3539 Nalatorium UV Disinfection System.doc PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 15th day of August 2006 I/'. ATTEST: PRINCIPAL B DL Smith and Assoc'ates, Inc., dba Texas A uatic S Inc. BY: PRESI ATTEST: SURETY BY: fk-~~ SureTec Insurance Co~ny V BY:'-P~X-C/Y;~ ATTORNEY-IN-FACT Pauline L. Lesch The Resident Agent of the Surety in Denton County, Texas for delivery of notice and seivice of the process is: NAME: Becky McKnight STREET ADDRESS: 510 North IH 35E, Denton, Texas 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 S:\prch\contract-bonds\3539 Natatorium UV Disinfection System.doc d'; "'\~ Bond No. 4354320 PAYMENT BOND STATE OF TEXAS ~ COUNTY OF DENTON ~ DL Smith and Associates, Inc., 9ba KNOW ALL MEN BY THESE PRESENTS: That Texas Aquatic Supply, IncV' whose address is P.O.Box 703567, Dallas, Texal;V 75370-3507 , hereinafter called Principal, and SureTec Insurance Company V , 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 firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the ilding or improvements hereinafter referred to, in the penal sum of ($ 00.00 - ------------------- DOLLARS 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 NlII))ber 2006-227 with the City of Denton, the Owner, dated the 15 day of August A.D. 2006,v.! copy of which is hereto attached and made a part hereo.h for Bid # 3539 - Natatorium Medium Pressure Ultraviolet Light Disinfection System.\/'" NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans. Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. PB - 3 S:\prch\contract-bonds\3539 Natatorium UV Disinfection System. doc This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such surety, as provided by Article 7. I 9- I of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in ~ copj>:s, each one of which shall be deemed an original, this the 15th day of August ,2006 V ATTEST: BY: PRINCIPAL DL Smith and Associates, Inc., dba Texas Aquatic BY: ATTEST: SURETY BY:Vk~ SureTec Insurance Cornpa~/ I. J)' --1)V/J BY:--(~ct~J ATTORNEY-IN-FACT Pauline L. Lesch The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Becky McKnight STREET ADDRESS: 510 North IH 35E,Denton, Texas 76205 (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB-4 S:\prch\contract-bonds\3539 Natatorium UV Disinfection System.doc ~\~" ~\ ~r 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 obiigations, 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 COMP ANY~ "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its ptincipal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Clem F. Lesch, Pauline L. Lesch~ven W. Lewis, Barry Romito, Patrick C. Locke, Allen Sparks of Dall", Texas its we 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 penal~oes not exceed Five Million and nolI 00 Dollars ($5,000,000.00) / 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 confirming all that the said AttomeY(s)-in-Fact may do in the premises. Said appointment shall continue in force until June 30. 2007 and is made under and by authority of the following resolutions of the Board of Directors of the SureTee 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 Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bcaring 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 2f1' of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. By: State of Texas County of Harris ss: e Mic:,::nv * IIale d Tea My CommIsIton Exp&es Of Augusl27. 2008 M~ll~N~ My commission expires August 27,2008 I, M. Brent Beaty, Assistant Secretary ofSURETEC 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 15th / Any Instrument issued in excess of the penalty stated above Is totally ,,"oid and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. \b~ ~\~f ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYYYYI '" 08/28/2006 PRODUCER ALUANCE INS AGENCY THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 11300 N. CENTRAL EXPWY. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR SUITE 202 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. DALLAS TX 75243-6705 (214) 361-9996 ., INSURERS AFFORDING COVERAGE NAIC# INSURED 1{,\OY INSURER A: I -Eire-Gr-OJJp Texas Aquatic Supply, Inc./' ~ t,f INSURER B: P. O. Box 703567 INSURER c: Dallas TX 75370-3567 INSURER 0: , IN!':lIRERE: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ."".L POUCY NUMBER ./ POUCY EFFECllVE POUCY EXPIRATION UMITS A lJLEHERAL UABlUTYV 0506 009735251/ 08/28/2006 08/28/200~ ~CH OCCURRENCE S "oo.O~ - X /' ~i TO RENTED '00,000_ ~MERCIAL GENERAL LIABIUTY ESjEa..occuren S CLAIMS MADE [X] OCCUR- MED EXP {Any' one person1- S ",1)00- - PERSONAL & ADV INJURY L500,O~v - - GENERAL AGGREGATE s~OOO,OQO_ ~'l AGG~En LIMIT APnS PER: PRODUCTS - COMPIOP AGG S ',000,000_ POLICY PRO- LOC A ~UTOM081LE UABlUTY / 0506 00973525----- 08/28/2006 08/28/2007 COMBINED SINGLE LIMIT S 500,000- - ~ ANY ALTTO (Eaaccident) ~ AlL OWllED AlJTOS BDDIL Y INJURY (Per petWfl) S ~ SCHEDULED AlJTOS X HIREOAlJTOS /' /' BDDIL Y INJURY :x (Per accident) S NON-DWNED AUTOS e-- PROPERlY DAMAGE S (Per accident) RRAGE UABIUTY AUTO ONLY - EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG S OESSlUMBREUA UA8IUTY EACH OCCURRENCE S OCCUR 0 CLAIMS MADE AGGREGATE S R DEDUCTIBLE S S S S RETENTION WORKERS COMPENSATION AND W1WCSTATU-.1 10TH- TO ER EMPLOYERS' liABIlITY E.l. EACH ACCIDENT S ANY PROPRIETORIPARTNER/EXECUTIVE OFFICERlMEMBER EXCLUDED? E.L. DISEASE + EA EMPLOYEE S ~X~,~~,~der E.l. DISEA"'E - POLICY LIMIT S A V OTHER DESCRIPTION OF OPERATIONS' LOCATlONS' VEHlCLES' EXCLUstONS ADDED BY ENDORSEMENT I SPECiAL PROVISIONS PROJECT: CITY OF DENTON NATATORIUM ....-- THE CITY OF DENTON, ITS OFFICIALS, AGENTS, EMPLOYEES AND VOLUNTEERS ARE NAMED ADDmONAL INSURFn (IN THE GENERAL UABIUTY/AUTOMOBILE UABIUTY POUCYy;(WAIVER OF SUBROGATION IS INCLUDED IN FAVOR OF CITY OF DENTON. ITS OFFICIALS, AGENTS, EMPLOYEES AND VOLUNTEERS....,-HE POUCIES USTED ON THIS CERTIFICATE SHALL BE PRIMARY WITH REGARD TO THE INSUREDS OPERATIONS.- CERTIFICATE HOLDER CANCELLATION CITY OF DENTON ~ 601 E. HICKORY, SUITE B DENTON TX 76205- SHOULD ANY OF THE ABOVE DESCRIBED POUClES BE CANCELLED BEFORE THE EXPIRATION ..........- DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTlRCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBUGA TlON OR LIABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ~- ACORD 25 (2001/08) @ACORD CORPORATION 1988 THU/SEP/07/2006 09:53 AM , MANUAL LUJAN AGENCY FAX No, 505 255 8140 p, 00 I PCCLPRC:Ol CANA ACORD", CERTIFICATE OF LIABILITY INSURANCE I , DATEtMMIDO!YyYY) , , 9rr12006: PRODUCER " (505) 266.7771 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO~ Manuel Lujan Insurance,i1nc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ; 4801 Indian School Rd , ' HOLDER. THIS CERTIFICATE DOES NOT AMEND,l:XTl:NP OR: " PO. Box 3727 :j ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. , Albuquerque, NM 87190-f2/ , INSURERS AFFORDING COVERAGE NAIC# , IN~UReD Pool pro LLC :v ~o~ , INSURER" Mountain States Indemnity Company , Po. Box 2859 : INSURER ll; New Mexico Mutual Casualty Company , Edgewood, N,.... 87015- INSURER c: , , I 'i <jf INSURER D: i INSUR~R 1:;; , COVERAGES THE POLICIES OF INSURAN(:E LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, N01WITHSTANoING ANY REQUIREMENT: TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR' MAY PERTAJN, THE tNSU~C'; AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND,caNOI/IONs OF S~CH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ' , ~~ ' ~ ~ . . i . . I"OUCYNUMDCI\ POUCYI!R"I!CT\ve p~i.~.reXPIRAT10N UMIT&: . ~~RALUA81UlY ; ~CHOCCURR.ENCe.' ~ 1,0.00,000 X COMMERClALGENIERALl.IA9IllTY CP.I0106437 8/1/2606 8/1/2007 I ~ReMlses Ea.,,",,",,} $ lpO,OOI , , I CLAJMSMI\D~ [!] OCCUR Mro~PIAnvOn8P8f$Onl $ ~O.OOt . : PERSONAL & ADV JNJURY $ 1,0,00,00t i GENERAL AGGREGATE $ 2,0,00,00C PRODUCTS. COMP/OP AGG $ 2JO.~O,OO A A f-- f-- ~'AG~RE~ UMfT AP,"'-';S PE" IPOUa<IXI~ I ILOd ~OMOBlLE UABIUn-: . ANY AUTO ! f-- I ~ AU. OWNED AUTOt . ~ 3CHEDULEO ^UTQ3 'x ' +. HIR~ AUTOS I r! NON-DWNEDAUT9s' I- : , BAlOl06437 8/1/2008 8/1/2007 COMBlNE:O 3lNGLE UMlT (Ea acddtmt) . BoDilY INJURY, (Per peraallo) $ I 1,0,00,000 j $ BODILY INJURY: (Pcr.ccldcnt) $ PROPERTY DAMAGE (Per ~dent) $ 'RGAAA.GE UAOlLITY ,; N'lYAltrO t , . AUTO ONL.Y - 5A ACCIDENT $ EA ACe $ $ $ $ $ OTHER THAN AUTO ONLY: mG B ~I!SSJUMBRELLA UAb1UTY --.J OCCU~ q ClAIMS MAbE: , ' , RDEOUCT'~ ! '. RETENTION $i /' . W0RK6t5 COMf'I;;N5ATlON "rD' . " .l!!MPLOY!Rti' UABtUTY I ~YPR.OPRJi:TORIPARTN~lJ11VE OFFICgRlMI';MeER EXCLUDED? "yK.d"etl~l,I(lQef i SPECIAl PROVISIONS bcltm" j O'H.O' ! EACH OCCURRENCe AGGREGA're: , f44320 / . , . " V ~IOJ.t'- , 8/1/2008..... , 8/1/2007./ E,L EACH AcCIDENT $ , E,l, DISEASE w EA EMPLOYEE $' EL DISEAse - POLICY UMIT S 5,00,00 5,00,00 5,00,00 ~ I i I DS$C~IPTION OF OPERATIONS / LOFATIONS IVEHIGJ.li;9 I E);,CLU510NS ADDf:~ BY ENDORSEMENT I SPECIAL PROVISIONS 10 Day Notice of Cancellati10n applies in th~ e'(ent of .Non-payment of P~emium ~ . ,. . i CERTIFICATE HOLDER i " , ! , i , , , ,/ " SHOU}.D ANX OF THE A80V~ DE~CRlBED POUCIE~ BE CANCELLED BUORE, THE EXPI~TI~. ' ' CIty of Dentor Jody Hay.. I ' DAn;: THEREOF; THE lSSU~NO IflSURERWlLL .END~VOR TO MAIL 30 ~AY~ W~ITTEN 801 E. HIckory, Suite B I ' 1\10TIC;~ TO 'nU~, CU.Ut'"IC=AT'e "OI.D~ HAM~D TO TH~ IJ!.PT, aU1' 'AlLlJRl! TO DO SO $i.MI.I... , I o.."\on. TX 7\$205- IMPOSE NO OBUGATlON OR UAlllll~ OF A.NY Kl,ND UPON TKE INSURER. ITS AGENTS ~R I REPRESENTATIVES. . . . ____ ;,: i AUTHORIZED REPRE~ENTAnVE ~ =' >-", , i ,,,,--~:;.. ,~" , 'CANCELLATION ACORD 25 (2001/08) , 1.... , @ACORD CORPORATJO~ 1988 THU/SEP/07/2006 09:53 AM MANUAL LUJAN AGENCY I FAX No, 505 255 8140 p, 002 POOLPRo-Ol ;CANA i, I IMPORTANT , , , If the ce1ificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement' on this cl;lrtlficate does not confer rights to the certificate holder in lieu of such endorsement( s). If 8UBRcpGA TION ,IS WAIV~D, subject t6 the terms ~~d conditions of the policy. certain policies may require ap endorsement. A statement on this certlfleate d.o~s not confer rights tq the certificate. holder in ilieu of such endorsement( s). . , i I I i DISCLAIMER i ; '. ' The ce~ftcate of Insumnce on the reverse side of this form does 'not constitute a contract between the issuing insurer(s), authorized representative o[ producer. and the certificate holder, nor does it affirmamiely or negatively amend. extend or alter the coverage afforded by the poliCies listed thereon. .. . "ACORD 25 (2001/08)' , i" I Au~ 31 06.93:20~ PoolPro, LLC 505 8324849 p.1 TEXAS DEPAR.'llolENT OF INS1JRA)ICE. DIVISION OF WORKERS' COMPENSATION 1SSI Melroc-..Dri.... Suite 100 Austia.. 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