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2008-186ORDINANCE NO. 2AM-19 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR OLD NORTH ROAD DRAINAGE IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4083-AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, J.T. DERSNER, INC. IN THE AMOUNT OF $437,158.50). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR 4083 J.T. Dersner, Inc. AMOUNT $437,158.50 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2008. MARK A. BU , MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: 4-2 APPROVED AS TO LEGAL FORM: JOHN M. KNIGHT, INTERIM CITY ATTORNEY BY: 3-O id 4083 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 19 day of August A.D., 2008, by and between City of Denton of the County of Denton and State of Texas, acting through George C. Campbell thereunto duly authorized so to do, hereinafter termed "OWNER," and J.T. Dersner, Inc. 225 Idlewild Prairie. TX 75051 of the City of Grand Prairie, County of Dallas and State of Texas , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: Bid 4083-Old North Road Drainage Improvements in the amount of $437,158.50 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 Engineering staff all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA- l 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 Right to Audit The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the CONTRACTOR which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. CA-3 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: (SEAL) ATTEST: APPROVED AS TO FORM: CONTRACT OR l.,/" Tel MAILING ADDRESS PHONE NUMBER FAX NUMBER BY: W, o Si- ~e / TITLE / /~+/Sci ~ PRINTED NAME C ATTO EY (SEAL) CA-4 City of Denton OWNF.R PERFORMANCE BOND Bond No. 3-973-581 STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That J.T. Dersner, Inc. whose address is 225 Idlewild, Grand prairie, TX 75051 hereinafter called Principal, and West American Insurance Company a corporation organized and existing under the laws of the State of Indiana 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 Four Hundred "thirty Seven Thousand One Hundred Fifty Eight and 50/100 DOLLARS ($437,158.50) plus ten percent of the stated penal sum as an' additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2008-186, with the City of Denton, the Owner, dated the 19th day of August A.D. 2008, for Bid #4083 Old North Road Drainage. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of two (2) years 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 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 four copies, each one of which shall be deemed an original, this the 19th day of August , 2008 ATTEST: BY:(&01-- r SECRETARY PRINCIPAL J. T. Dersner Inc. BY: PRESIDENT TE?S7CXX WITNESS: BY: Sandy Roney, agency R resentative SURETY West American Insurance Com any BY: ATTORNEY-IN-FACT Carolyn J. Goodenough The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Ray Watson Mullis Newby Hurst LP STREET ADDRESS: 5057 Keller Springs Rd., Ste 400, Addison TX 75001 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name) PB-2 PAYMENT BOND Bond No. 3-973-581 STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That J.T. Dersner, Inc. , whose address is 225 Idlewild, Grand Prairie, TX 75051 hereinafter called Principal, and West American Insurance Company , a corporation organized and existing under the laws of the State of Indiana , 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 building or improvements hereinafter referred to, in the penal sum of Four Hundred Thirty Seven Thousand One Hundred Fifty Eight and 50/100DOLLARS ($437,158.50) 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 2008-186, with the City of Denton, the Owner, dated the 19th day of August A.D. 2008, for Bid #4083 Old North Road Drainage. 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 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such surety, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in four copies, each one of which shall be deemed an original, this the 19th day of August , 2008 . ATTEST: PRINCIPAL J. T. Dersne Inc. BY: GGNV\ SECRETARY BY: 4 11156new /~k Z,4'11 PRESIDENT SXXXX WITNESS: SURETY West American Insuran ompany BY: Sandy Roney, \gency R resentative BY: ATTORNEY-IN-FACT Carolyn J. Goodenough The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: _ Ray Watson Mullis Newby Hurst LP STREET ADDRESS: 5057 Keller Springs Rd., Ste 400, Addison TX 75001 (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name) PB-4 CERTIFIED COPY OF POWER OF ATTORNEY THE OHIO CASUALTY INSURANCE COMPANY WEST AMERICAN INSURANCE COMPANY No. 40-278 Know All Men by These Presents: That THE OHIO CASUALTY INSURANCE COMPANY, an Ohio Corporation, and WEST AMERICAN INSURANCE COMPANY, an Indiana Corporation, pursuant to the authority granted by Article III, Section 9 of the Code of Regulations and By-taws of The Ohio Casualty Insurance Company and West Aierican Insurance Company, do hereby nominate, constitute and appoint Wilbert R. Watson or Carolyn J. Goodenough of Addison, Texas its true and lawful agent (s) and attorney (s)-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNI%ANCES, not exceeding in any single instance TEN MILLION ($10,000,000.00) DOLLARS, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Companies at their administrative offices in Fairfield, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attomey(s)-in-fact. In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company and West American Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of each Company this 3rd day of October, 2007. SEAL # SEAL 91 ! ~r it Q N Sam Lawrence, Assistant Secretary STATE OF 01110, COUNTY OF BUTLER On this 3rd day of October, 2007 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Sam Lawrence, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY and WEST AMERICAN INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly swom deposes and says, that he is the officer of the Companies aforesaid, and that the seats affixed to the preceding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and his signature as officer were duty affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, t have hereunto set my hand and affixed my Official Seal at the City of Hamilton, State of Ohio, the day and year first above written. o~ ~.,~ut Notary Public in and for County of Butler, State of Ohio My Commission expires August 5, 2012 This power of attorney is granted under and by authority of Article Ill. Section 9 of the Code of Regulations and By-Laws of The Ohio Casualty Insurance Company and West American Insurance Company, extracts from which read: Article 111, Section 9. Appointment of Attomeys-in-Fact. The Chairman of the Board, the President, any Vice-President the Secretary or any Assistant Secretary of the corporation shall be and is hereby vested with full power and authority to appoint attomeys-in-fact for the purpose of signing the name of the corporation as surety to, and to execute, attach the seal of the corporation to, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual, Firm, corporation, partnership, limited liability company or other entity, or the official representative thereof, or to any county or state, or any official board or boards of any county or state, or the United States of America or any agency thereof Or to any other political subdivision thereof This instrument is signed and sealed as authorized by the following resolution adopted by the Boards of Directors of the Companies on October 21, 2004: RESOLVED, That the signature of any officer of the Company authorized under Article Ill, Section 9 of its Code of Regulations and By-laws and the Company seal may be affixed by facsimile to any power of attomey or copy thereof issued on behalf of the Company to make, execute, seal and deliver for and on its behalf as surety any and all bonds, undertakings or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority, and to revoke any such appointment. Such signatures and seal are hereby adopted by the Company as original signatures and seal and shall, with respect to any hond, undertaking or other written obligations in the nature thereof to which iris attached, be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATE I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company and West American Insurance Company, do hereby certify that the foregoing power of attomey, the referenced By-Laws of the Companies and the above resolution of their Boards of Directors are true and correct copies and are in full force and effect on this date. IN WITNESS WHEREOF, I have hereunto set my hand and the seals ofthe Companies this 19th day of August 200$ SEAL 5-4300 3/99 Assistant Secretary A Memtx;r of Litt ri-Y Liberty Agency Underwriters I'''1ui11.i1. 9450 Seward Road, Fairfield, Oil 45014 1-800-843-6446 TEXAS IMPORTANT NOTICE To obtain information or make a complaint: You may call toll-free for information or to make a complaint at 1-800-843-6446 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance P. O. Box 149104 Austin, TX 78714-9104 FAX 4 (512) 475-1771 Web: http://xvnv-,v.tdi.state.tx.us E-Mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the aeent or call 1-800-843-6446 If the dispute is not resolved; you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. TEXAS AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede Ilamar at numero de telefono gratis para informacion o para someter una queja at 1-800-843-6446 Puede comunicarse con el Departamento de Seguros de Texas para obtener infortnacion acerca de companies, coberturas, derechos o quejas at 1-800-252-3439 Pucde escribir at Departamento de Seguros de Texas P. O. Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 Web: http://NN,-vvw.tdi.state.tx.us E-Mail: ConsumerProtection a tdi.state tx.us DISPUTAS SOBRE PRIM.AS O RECLAMOS: Si tiena una disputa concemiente a su prima o a un reclamo, debe comunicarse o Ilamar 1-800-843-6446 Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDl) UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. NP 70680901 CERTIFICATE OF INSURANCE ISSUEDADD/YY) Certificate It 66783 3541 09/02/ 09/02/08 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE MULLIS DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE • POLICIES BELOW. BONDS AND INSURANCE COMPANIES AFFORDING COVERAGE 5057 Keller Springs Road ■ Suite 400 ■ Addison, Texas 75001 COMPANY A LETTER Ohio Casualty Insurance Company 972.201.0100 ■ a~ww.mnhins.com ■ Fax 972.201.0123 COMPANY B INSURED LETTER Texas Mutual Insurance Company J T Dersner, Inc. COMPANY C 225 Idlewild Rd. LETTER Grand Prairie, TX 75051 COMPANY D LETTER COMPANY E LETTER COVERAGES ° THIS IS TO CERTIFY THAT 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, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO ISO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DDNY) LIMBS A GEN ERAL LIABILITY GENERAL AGGREGATE S 2,000,000 X COMMERCIAL GENERAL LIABILITY BKW 53285665 12/05107 12/05/08 PRODUCTS-COMP/OP AGG. S 2,000,000 CLAIMS MADE OCCUR PERSONAL & ADV. INJURY S 1,000,000 OWNERS & CONTRACTORS' PROT. EACH OCCURRENCE $ 1,000,000 X -Blank e2.Additional Insured FIRE DAMAGE (Any one fire S 100,000 MED. EXPENSE (Anyone person) $ 10,000 A AUTOMOBILE LIABILITY COMBINED SINGLE X ANY AUTO LIMIT $ 11000,000 BAA 53285665 12/05/07 12/05/08 X ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS (Per person) S X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ P GARAGE LIABILITY PROPERTY DAMAGE S A EXCESS LIABILITY EACH OCCURRENCE S 2,000,000 X UMBRELLA FORM AGGREGATE S 2,000,000 USO 53285661 12/05/07 12/05/08 OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS B AND EACH ACCIDENT S 1,000,000 TSF0001144211 04/23/08 04/23/09 EMPLOYERS' LIABILITY DISEASE-POLICY LIMIT S 1,000,000 DISEASE-EACH EMPLOYEE S 1,000,000 A OTHER Rented/Leased Equipment BM053285665 12/05107 12/05/08 Limit $1,500,000 w/ $1,500,000 Agg Owned Contractors Equipment- $1,000 deductible P-, q,h-,hjIP On RIP Actual Cash Value DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS RE: Bid# 4083 Old North Road Drainage The City of Denton is included as additional insured to general liability & auto. Waiver of subrogation added in favor of the same to include all policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Denton EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 901B Texas Street MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Denton TX 76209 , LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 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. CI-9 • That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • Cancellation: The City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. • Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, 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. CI_ 10 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 $1,000,000.00shall 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 $500,000.00 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: any auto, or all owned, hired and non-owned autos. Cl - 11 [xl 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 Fire Damage Legal Liability Insurance aggregate. 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. Cl - 12 [ ] 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. Cl - 13 ATTACHMENT 1 [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate ")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing . services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as foodibeverage 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: Cl - 14 1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the 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. 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) 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; CI - 15 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. 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. Cl - 16 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person doing business with the governmental entity. Date Received By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person who has a business relationship with local governmental entity. a6L 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 70 business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) rName of local government officer with whom filer has an employ ent or business relationship. ame of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? I-X/ Yes u No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? = Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an owne ship of 10 percent or more? 0 Yes No D. Describe each affiliation or business relationship. 4 Signature of person doing business with the governmental entity Date CIQ - I Adopted 06292007 Project Name: Old North Paving and Drainage Improvements Bid Opening BID TABULATION SHEET Work. Days Bid. No. P.O. No. 50 4083 Item Description. Quantity Unit UnitPriee Total 103.1 Contractors Warranties and Understandings 1 LS $ S Q . Unit Price In Words • U ( t''A ~S 107.19.3 Trench Safe System for Trench Depth over 5-FT 1,500 LF 00 $ 00. Unit Price In Words 201 Erosion Control 1 LS S"0•()(~ $ Unit Puce In Words 202.5 Soddiii 300 ' SY $ SOD, Q Unit Price In Words 203.3 General Site Preparation 1 LS $ . 0 Unit Price In Words !j 508.3 18" Reinforced Concrete Storm Sewer Pipe Class III 1 15 LF r $ 2 . S7 Unit Price In Words ~f l r ~~TS 508.3 24" Reinforced Concrete Storm Sewer Pipe Class III 20 LF $ O Unit Price In Words qr 508.3 18" Reinforced Concrete Storm Sewer Pipe Class IV 39 LF $ 3 a Unit Price In Words 4AZ 508.3 30" Reinforced Concrete Storm Sewer Pipe Class IV 128 LF OQ $ r Unit Price In Words ~f /L 1w 508.3 48" Reinforced Concrete Storm Sewer Pipe Class III 'e 458 LF $ ae, Q 7 0 Unit Price In Words v 508.3 54" Reinforced Concrete Storm Sewer Pipe Class III MA LF $ 423 2 0-0c) 0 , Unit Price In Words ~U S / /CJ O i s 702 Junction Box with accessType M (MH-M: TxDOT Item 465) 3 EA C7 $ t7 JQD S Unit Price in Words e /I 702 10' Recessed Curb Inlet 3 EA 3 $ z9 C2 Unit Price In Words 1'/ A B Z~S ~d ~dCr7 f 702 15' Recessed Curb Inlet 3 EA $ Q a / Unit Price In Words Q ~N Ts Project Name: Old North Paving and Drainage Improvements Bid Opening BID TABULATION SHEET Work Days Bid No. P.O_ No. 50 4083 Item Description Quantity Unit Unit Price Total 702 2 0 Recessed Curb Inlet I EA ,5 &SQ $ ~~s~ • 0 Unit Price In Words G!f ~I i / 0 801.1 Barriers& Warning Wor Detour Sign~ I LS 00 Unit Price In Words Jci~w 803.3 Ri (5") 16 SY /0 1) $ • O Azle Unit Price In Words V 806.4 Ccvers Frames, Grates, Rings, & 11 EA lJ(!• $ SS' y Unit Price In Words SC-4 Project Signs 2 EA $ Unit Price In Words SP-2.2 As halt Sawcut 3000 U 0-1 $ Unit Price In Words SP-3 HEADWALL (CH - FW - 45) (DIA= 54 II9)TxDOT Item 466 1 EA • Q $ 2S O. 00 Unit Price In Words S f SP-4 Add ;Steel Casing with Spacers (6" sanitary sewer) 3 EA log $ -6-712 'f Unit Price In Words • r r son SP-4 F.xistina_ 6" Water i,ine Adj11strnent t ER S Unit Price In Words / SP4 Existing 12' Water Line Adjustment 2 EA Sa • C~ $ Unit Price In Words 441nc 14,~ey we SP-4 Existing Water Service Adjustment 3- EA Soo • o r $ ~J 0 • Unit Price In Words V { BASE BID TOTAL: 11371,59--s-0 P-4 Attachment t-ADI BID SUMMARY TOTAL PRICE IN WORDS BASE BID: In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and - acceptance, and to guarantee payment for all lawful claims for labor performed and materials famished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed . and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump sum prices as shown for each item listed in this proposal shall control over extensions. The undersigned agrees this bid becomes the property of the City of Denton after the official opening. The undersigned affirms that they are duly authorized to execute. this contract. Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seq. P-5 1 I I 1 1 1 1 1 1 1 1 1 ► 1 ► Receipt is hereby acknowledged of the following addenda to the plans and specifications: Addendum No. 1 dated `71 ~Q T. Received 711/,0 9 Addendum No. 2 dated Received Addendum No. 3 dated Received Addendum No. 4 dated Received Addendum No. 5 dated Received CONTRA TOR BY S eet Address City and Stat Seal & Authorization / (If a Corporation) ~G 733 ~~7~ Telephone P-6 VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders.. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at. an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A below must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the blank in Section B. A. Non-resident bidders in busine d (give state), our principal place of ss, are require to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident bidders in (give state), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas: BIDDER: 1T0{n;17 Y-~, - 6 COMPANY BY 9treet Address za City and State / THIS FORM MUST BE RETURNED WITH YOUR BID. P-7 ~ u ~Q 0 pica ~ z N C a o ti 1 'O • .CC i O l~ o u y ! v u ` LI~y OJ H~; Fh O I a 0 v ~ m u a ~ N 3 u d L u N p c m ~ G n uFx• T A :e ~ A C G d O Q N A ~ C c En d F f O) N c0 r U X W I T H Im Z o d O z z F b a I n N X,0 r W z W 0) CJ z WQ 'IT z o Z F- 0 O F. N in "o 0 Q X W O E n x X F o c ZwL O FO u LIJ ~ z 0000° v ol o i LL ~ r E-° E-° O a V) a ~ M ~Zo LLJI It U0 Q Z VJ i J Q Q 0 N N CD 00 0 N U Ln L 1` x F W C O 73 y 7 LLB W u~ En o W a A 0 Z A N~ 00 I0 ^F cNVC7 IN E ° io o z w` o > c G vsi u 10 C F O O O O Z: 1° tn tn vi v; co co co co 00 co co co O O I i ° C, co °o o ° o M c X W U i ~ I t a '1 ~ 16 L t` u- N N N C U O a0 rn O O 10 N O t'~1 111 10 O p`, ~ In 1n r - N O i a U C4 a 1 u O v~ ) oA V -a I i I 1 CD o 0 ° E . ZI 10 10 to 1n In °1 oo N 10 ~ 1n In °1 CD °o 1n o v1 ~m °1 C. 1n 0 10 o N I ~ C 1 U 00 O m U 0 I U I ~ G I Q c 1 0 N V o r I z o 2 °1 r 00 O O c c f o > I z - z z d E E E u N N y Z 1~+1 M n C ~ F O E°- F o m E I o F L 1 ~ C I ~ r I Q c ? s 1 u u i a ai i F ' I .d I o G of I vi F -v a O ~i z o ~ 'CS U aU. U City of Denton, Texas Invoice Attachment 1 Vendor Name: 2 Project Name: 3 Purchase Order Number: 4 Vendor Invoice Number: 5 Vendor Invoice Date: 6 The following is period estimate number for the period from 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 Project Totals To Date 11 Enter the amount of work performed on original contract. 12 Enter the amount of work performed on approved change orders. 'i 3 Enier the amouni of maieriais on hand. 14 Add lines 11, 12, and 13. This is the total value of work performed 15 Multiply line 14 by .05. This is the amount retained (5%). 16 Subtract line 15 from line 14. This is the net amount earned. 17 Enter the amount of all previous payments. 18 In 18a, subtract 17 from 16a. In 18b, enter the amount from 16b. This is the balance due with this invoice. The amount in 18a MUST equal the amount in 18b. Period Totals 11a 11b 12a 12b i3a i3b 14a 14b 15a 15b 16a 16b 17 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 Page 1 Date 27 Instructions to Invoice Attachment THE INVOICE ATTACHMENT IS NOT A SUBSTITUTE FOR A NOTARIZED APPLICATION FOR PERIODIC PAYMENT. THAT DOCUMENT IS STILL NECESSARY AND SHOULD BE INCLUDED WITH THE INVOICE ALONG WITH THIS INVOICE ATTACHMENT. Use You are bound under a construction contract with the City of Denton. this Your contract includes a clause for the withholding of relainage. form if You are submitting an invoice for payment to the City of Denton. Lines 1 - 5 Enter the information required for a payment to be processed. It includes a valid purchase order number issued by the City of Denton. as well as your invoice number and date. Your invoice will not be paid without this information. Line 6 Specify the construction period for which you are seeking payment. Include the period number and period dales. Line 7 Check "Yes" if this is the final invoice for this project. The final invoice should include the release of retainage that has been withheld. Line 8 Enter the original contract amount approved by the City of Denton. Line 9 Enter the amount of any approved change orders.that increases or decreases the amount of the original contract. Line 10 This amount should be the total value of the contract after all changes have been applied. Line 11a Enter the amount of work performed on the original contract from inception to date. Show project totals only. Line 11 b Enter the amount of work performed on the original contract in this reporting period only. Do not include any prior periods in this calculation. Line 12a Enter the amount of any additional work performed from inception to date. Show project totals only. Line 12b Enter the amount of any additional work performed in this reporting period only. Do not include any prior periods in this calculation. Line 13a Enter the amount of any materials on hand from inception to date. Show project totals only. Line 13b Enter the amount of any materials on hand in this reporting period only. Do not include any prior periods in this calculation. Line 14a -14b These lines identify the value of the work performed for the project from its beginning as well as the value of work performed this period. Line 15a Enter the amount retained based upon the value of work performed on the project to date. Line 15b Enter the amount retained based upon the value of work performed this period. Line 16a This is the amount earned on the project after retainage has been withheld. Line 16b This is the amount earned in the current period. It should equal the payment amount you are expecting from the City of Denton. Line 17 Enter the amount of all previous payments you have received on this project. Line 18a This is the amount due based upon the project totals to date. It is the cumulative total of all transactions related to this project. Line 18b This is the amount due based upon current period totals. It should match the invoice attached to this schedule. Line 18a and line 18b MUST be the same amount. It 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