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HomeMy WebLinkAbout2014-124AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR STREET MICROSURFACING FOR THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 5529-AWARDED TO VIKING CONSTRUCTION, INC. IN THE UNIT PRICE AMOUNT OF $3.17 PER SQUARE YARD FOR A NOT -TO -EXCEED AMOUNT OF $375,000). 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: FILE NUMBER CONTRACTOR AMOUNT 5529 Viking Construction, Inc. $375,000 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. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 5529 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. 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 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _&A day of 4df- -1 2014. • ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND VIKING CONSTRUCTION, INC. (FILE #5529) THIS CONTRACT is made and entered into this 6 1h day of May 2014, by and between Viking Construction, Inc., a corporation, whose address is 2592 Shell Road, Georgetown, Texas 78628, hereinafter referred to as "Contractor," and the CITY OF DENTON, TEXAS, a Texas Municipal Corporation and Home -Rule City, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and the 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: Contractor shall provide construction services in accordance with the City's File #5529 — (,'ooperative Purcliasfiig Agreeinent with Cily of Weadierford's Bid 1/2014-005 fior Microsurfacing Streets, a copy of which is on file at the office of Purchasing Agent and incorporated herein for all purposes as "Exhibit A". The Contract consists of this written agreement and the following items which are attached hereto and incorporated herein by reference: (a) City of Weatherford's Invitation for Bid # 2014-005 (Exhibit "A") (b) Payment and Performance Bonds (Exhibit "B"); (c) Insurance Requirements (Exhibit "C") ; (d) Form CIQ — Conflict of Interest Questionnaire (Exhibit "D" (e) Contractor's Proposal. (Exhibit "E" ); 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 this written Contract, and then to the contract documents in the sequential order in which they are listed above. These documents shall be referred to collectively as "Contract Documents." IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. VIKING CONSTRUCTION, INC. z Z�� By; AUTHOR E,NATURE TYPED NAME: PHONE NUMBER E-MAIL ADDRESS E CITY OF DENTON, TEXAS A Texas Municipal Cor cpration By:(-", y GEOIZ E C. ("AMPBELL CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY By: alAbo� APPI ED AS . ( LEGAL FORM: ANITA BLJRGESS, CITY ATTORNEY B IV INVITATION FOR BID #2014-005 TERMS AND CONDITIONS and SPECIFICATIONS FROM: FINANCE DEPARTMENT CITY OF WI ATHERFORD P.O. BOX 255 WEATHERFORD,TX. 76086 (817)598-4232 Im BID INVITATION (THIS IS NOT AN ORDER) DATE: FEBRUARY 07,2014 BID NUMBER: 2014-0005 BID TITLE: MICROSURFACING FOR STREETS BID OPENING: 2 P.M., FEBRUARY 25,2014 SEALED BIDS/PROPOSALS FOR THE ITEMS SPECIFIED WILL BE RECEIVED AT THE OFFICE OF THE DIRECTOR OF FINANCE, 303 PALO PINTO STREET, WEATHERFORD, TEXAS 76086 UNTIL: 2:00 P.M., TUESDAY, FEBRUARY 25,2014 GENERAL CONDITIONS OF BIDDING - READ CAREFULLY. FAILURE TO CIMMPLT W[TH THESE CONDITIONS MAY RESULT IN THE REJECTION OF YOUR BID ATTHE DISCRETION OF THE CITY. 1. SEALED BIDS/PROPOSALS MUST BE RECEIVED ON THE ATTACHED BID SUBMITTAL FORM, PRIOR TO OPENING DATE AND TIME TO BE CONSIDERED. LATE PROPOSALS WILL BE RETURNED, "OPENED, 2. BIDS SHALL BE PLAINLY MARKED AS TO THE BID NUMBER, NAME OF BID, AND OPENING DATE ON THE OUTSIQE� OF A COMPLETELY SEALED ENVELOPE, AND MAILED OR DELIVERED TO THE FINANCE DEPARTMENT, CITY OF WEATHERFORD, P.O. 13Q�X255 303 PAL O PINTO STREET, WEATHERF0RD,,,'rEXAS 76086. 3. ANY SUBMITTED ARTICLE DEVIATING FROM THE SPECIFICATIONS MUST BE IDENTIFIED AND HAVE FULL DESCRIPTIVE DATA ACCOMPANYING SAME, OR IT WILL NOT BE CONSIDERED. 4. ALL MATERIALS ARE TO BE QUOTED FOB WFATHERFORD, TEXAS, DEI,IwR[.;,D'ro CITY FACILITY ON EAST OAK STREET, OR AS OTHERWIS17 INDICATED. 5, UNLESS OTHERWISE NOTED ON THE BID, ALL PRICES FOR ANNUAL BIDS SHALL REMAIN FIXED FOR THE TIME PERIOD SPECIFIED ON THE BID SUBMITTAL FORM. 6. IN CASE DEFAULT BY BIDDER AFTER BID ACCEPTANCE, THE CITY OF WE'ATHERFORD MAY, AT ITS OPTION, HOLD 'THE; ACCEPTED BIDDER OR CONTRAC'mil LIABLE FOR ANY AND ALL RESULTANT INCREASED COSTSTO THE CITY AS A PENALTY FOR SUCH DEFAULT. 7. ']'HE CITY OF WEATHE'RFORD RESERVES THE RIGHT TO REJECT ANY ANI) ALL. BIDS, TO WAIVE ALL INFORMALITIES AND REQUIRE 'THAT SUBMITTED BIDS REMAIN IN FORCE FOR A SIXTY (60) DAY PERIOD AFTFR OPENING OR UNTIL AWARD IS MADE, WI I ICHEVE;R COMES FIRST. 8, THE QUANTITIES SHOWN MAY BE,'APPROXIMATE AND COULD VARY ACCORDING TO THE REQUIREMENTS OF THE CITY OF Wl:---ATIIERI,'ORD'FIIROUCiliOl-I'l- 1-111, CONTRACT' PERIOD, 9. 'Fill-, ITEMS ARE TO BE PRICED EACH NET, PACKAGING OR SHIPPING QUANTITIES WILL BE CONSIDERED. 10. ANY ATTEMPT TO NEGOTIATE WITH THE CITY OF WEATHERFORD OR ITS REPRESENTATIVES PRIOR TO AWARD OR GIVE FALSE INFORMA'riON ON THE CONTENTS OF THIS BID SHALL BE GROUNDS FOR DISQUALIFICATION. 11, THE CITY OF WEATHERFORD IS EXEMPT FROM ALL SALES AND EXCISE TAXES, (ARTICLE 20,04B) 12. ANY CATALOG OR MANUFACTURERS REFERENCE IN THIS INVITATION TO BID IS DESCRIPTIVE, Bur NOT RESTRICTIVE, AND IS USED ONLY TO INDICATE TYPE AND GRADE UNLESS OTHERWISE STATE[). 13. FURNISI I SPECIFICATIONS AND DESCRIPTIVE LITERATURE ON ALL ITEMS BID. 14. IN THE EVENTA NO -BID IS TO BE SUBMITTED, NOTE SAME ON INVITATIONS AND RETURN WITH THE GENERAL PROVISIONS INCLUDED HEREIN, 15. TI IE CITY OF WEATHERFORD RESERVES THE RIGHT TO AWARD BY ITEM OR TOTAL, 1311) AND TO WAIVE ANY FORMALITIES AND TECHNICALITIES. 16. CASH DISCOUNTS WILL BE, CALCULATED FROM DATE COMPLETE SHIPMENT OF ORDER IS RECEIVED, OR DATE INVOICE IS RECEIVED BY "I'liE CITY, WHICHEVER IS LATER. PURCHASE ORDER NUMBER MUST APPEAR ON ALL INVOICES AND DELIVERY TICKETS, 17. PAYMENT FOR MATERIAL OR SERVICES WILL 13E MADE ONLY AFTER COMPLETION OF ORDER HAS BEEN RECEIVF'D BY THE CITY, AND AFTE?R'111E USING DEPARTMENT HAS CERTIFIED RECEIPT OF MATERIAL OR SERVICES, AND VERIFIED THAT THE. MATERIAL OR SERVICE IS IN ACCORDANCE WITH THE BID SUBMITTED. 18, A BID CALCULATED ON AN "AL.I., OR NONE" BASIS, MUST BE SO STATED ON THE; BID. 19, THE CITY OF WEATHERFORD RESERVES THE RIGHT 'j"o CANCEL. ANY CONTRACT AWARDED FROM THIS BID WIT14 30 DAYS WRITTEN NOTICE TO THE SUCCESSFUL BIDDER IF CITY DISCOVERS SUB -STANDARD MATERIALS OR SERVICE NOT MEETING BID SPECIFICATIONS, OR THE PRICING OF SERVICES OR MATERIALS ARF NO LONGER IN THE 13EST INTEREST OF THE CITY OF WEATHERFORD, 20. THE ENCLOSED "VENDOR QUESTIONNAIRE" FORM AND "CONFLICT OF INTEREST QUESTIONNAIRE" MUST BE FULLY COMPI,ETLD AND ENCLOSED AS PART OF THEE FORMAL, BID PACKAGE. 21. ALL BIDS CALLING FOR LABOR AND MATERIALS FURNISHED BY THE BIDDER MUST BE BID AS SEPARATE AMOUNTS, SO SPECIFIED, FOR TAX AND ACCOUNTING PURPOSES. MATERIALS WHICH ARE INCORPORATED INTO OR BECOMES PART OF THE PROJECT ARE EXEMPT' FROM SALES TAX. THE CONTRACT OR PURCHASE ORDER WILL SO REFERENCE THESE AMOUNTS. THE CONTRACTOR IS EXPECTED '110 EXECUTE A RESALE CERTIFICATE INSTEAD OF PAYING THE SALES TAX AT THE TIME OF THE PURCHASE. THE CITY OF WEATHERFORD WILL ISSUE AN EXEMPTION CERTIFICATE FOR THE MATERIALS AS LONG ASTHEY ARE A PART' OF THE FINISHED PROJECT. 22. BIDDER SHALL STATE DELIVERY TIME IN "DAYS" AFTER RECEIPT OF ORDER. 23. BIDDER SHALL FURNISH AS A PART OFTHE SEALED BID, A DETAILED STATEMENT OF WARRANTY. 24, IN THE EVENT' OF ATIE BID FOR IDENTICAL MATERIALS BID AT IDENTICAL, PRICES, THESE GENERAL., CONDITIONS OF BIDDING WILL BE EVALUATED FOR COMPLIANCE, AND WILL BE USED TO BREAK THE TIE, INTHE EVENT OF A COMPLETE AND TOTAL 25. ']'HIS CONTRACT WILL 131:7 AWARDED EITHERTO'nir, LOWEST RESPONSIBLE BIDDER OR TO THE BIDDER WHO PROVIDES GOODS OR SERVICES AT' THE BEST VALUE FOR THE MUNICIPALITY IN ACCORDANCE WITH CHAPTERS 252 AND 271 OF THE TEXAS LOCAL GOVERNMENT CODE. m i kin ims I. I FINANCE DEPARTMENT DATE: FEBRUARY 07,2014 CITY OF WEATHERFORD BID NUMBER: 2014-005 P.O. BOX 255 BID TITLE: MICROSURFACING STREETS WEATHERFORD, TEXAS 76086 BID OPENING: 2 P.M., FEBRUARY 25, 2014 1: APPROXIMATELY_50, 000 SQUARE YARDS OF MICROVURFACING (24-26LBS./SY):s3-/7 Joee_,s!fwq1e yp/a THE UNDER, I D jJEREg4• • F&W 0 raummmum bwdm mol ww's wivi 710. COMPANY OR INDIVIDUAL ADDRESS PHONE. NUMI3ER AUTHORIZE.D SWINATURE, 02 DATE Specifications for Microsurfacing 350.1. Description. Furnish and place a microsurfacing system consisting of a mixture of cationic polymer -modified asphalt emulsion, mineral aggregate, mineral filler; water, and other additives. 350.2. Materials. A. Cationic Polymer -Modified Asphalt Emulsion. Provide CSS-IP in accordance with Section 300.2.D, "Emulsified Asphalt." B. Mineral Aggregates. Provide a crushed aggregate from a single source meeting the requirements of Table I and Table 2. Unless otherwise shown on the plans, furnish aggregate with a minimum "B" surface classification. Include the amount of mineral filler added to the mix in determining the total minus No. 200 aggregate fraction. Table 1 Aggregate Gradation Requirements Tex-200-F, Pari II asked Sieve Size d vmultatir°e % l2et ilu fJ? 3f8 m . 071 _. ffa._._ 6--14 35.e 55 4 ]5 75- 90 82-93 Table 2 A g regiite Qgalit� J eq it etnents t�rng�e� ty 3est 11 €ttrnel R�eauirements Tpk:spum Suffatd Soundnw4-,, ` G maxis.v it } A 30 Sand i rtpyy dent vtrlttc %, mean _ isx 1i13 1 70 1 ,Use ciesigrt 8rndation fax the wwllndnasv test, C. Mineral Filler. Provide a mineral filler that is free of lumps and foreign matter consisting of non -air - entrained cement meeting the requirements of DMS-4600, "Hydraulic Cement," or hydrated lime meeting the requirements of DMS-6350, "Lime and Lime Slurry." D. Water. Provide water that is potable and free of harmful soluble salts. E. Other Additives. Use approved additives as recommended by the emulsion manufacturer in the emulsion mix or in any of the component materials when necessary to adjust mix time in the field. F. Job -Mix Formula (JMF). Provide a mix design confirming to the proportions shown in Table 3 and meeting the requirements shown in Table 4. The mix design is subject to verification using laboratory - produced inixes or trial batch tnix before approval. Table 3 IWIF Proportions Matra but Pronor lion Residual asplialt 6 U to 9 0% by wt of dry aeereaute Mineral fillet (hydraulic U 5 to 3 0% by wl of dry aggregate 1 cement rn hydrated lime) ___ _...1 meld control addruvc As renurrcd to provide Lontrol ol'break and cure Water I .. w . __ As rutun eJ to of ovrde nrtxyer consistency — Table 4 JMF _ Requirements _t'est Methad #vamrrr313 Wct hack abrasion, g/stl fl , max 1"ex-240-F, hail CV 75 weal value tasualahrsn (aggreg rtc and mineral 1'ex-200r Part 11 ltllcr ['able 1 (Washed) 1_... t i irnYt, cCrnlr4al led l0 131'4 sLL Tcs. 2�it) F Part 1 Pass -i Provide emulsion and aggregate that ale compatible so that the mixing process will completely and uniformly coat the aggregate. Design the mix so that the mixture will have sufficient working life to allow for proper placement at the predicted ambient temperature and humidity. 350.3. Equipment. Maintain equipment in good repair and operating condition. A. Mixing Machine. Furnish a self-propelled microsurfacing mixing machine with: • self -loading devices to promote continuous laying operations; • sufficient storage capacity for mixture materials; • individual volume or weight controls that will proportion each material to he added to the mix; • continuous flow mixing with a revolving nwlti-blade mixer capable of discharging the mixture on a continuous flow basis; • opposite side driving stations; • full hydrostatic control of the forward and reverse speed during operation; • a water pressure system and nozzle -type spray bar immediately ahead of the spreader box and capable of spraying the roadway for the width of the spreader box; • a mechanical -type spreader box equipped with paddles or other devices capable of agitating and spreading the materials throughout the box; • a spreader box with devices capable of providing lateral movement or side shift abilities; and • a spreader box with a front seal, adjustable rear strike -off, and an adjustable secondary rear strike - off. Calibrate and properly mark each control device that proportions the individual materials. Equip the aggregate feed with a revolution counter or similar device capable of determining the quantity of aggregate used at all times. Provide a positive -displacement -type emulsion pump with a revolution counter or similar device capable of determining the quantity of emulsion used at all times. Provide an approved mineral filler feeding system capable of uniformly and accurately metering the required material. B. Scales. Scales used fir weighing aggregates and emulsion must meet all requirements of Item 520, "Weighing and Measuring Equipment-" The weighing equipment for aggregates may be either a suspended hopper or a belt scale, C. Asphalt Storage and Handling Equipment. When storage tanks are used, furnish a thermometer in each tank to indicate the asphalt temperature continuously. Keep equipment clean and free of leaks. Keep asphalt materials free from contamination. 350.4. Construction. A. General. Produce, transport, and place microsurfacing as specified in this Item or on the plans. Ensure that the finished surface has a uniform texture and the microsurface mat is fully adhered to the underlying pavement. B. Temporary Material Storage. I. Aggregate Storage. Stockpile materials in a manner that will prevent segregation or contamination. Remix stockpiles with suitable equipment when necessary to eliminate segregation. Use a scalping screen while transferring aggregates to the mixing machine to remove oversize material 2. Mineral Filler Storage. Store the mineral filler in a manner that will keep it dry and free from contamination. 3. Asphalt Material Storage. Keep asphalt materials free from contamination. C. Weather Limitations. Place the material when the atmospheric temperature is at least 50°F and rising and the surface temperature is at least SO°h. Crease placement when the atmospheric temperature is below 60°F and falling, when weather is fuggy or rainy, or when rain is imminent as determined by the (Engineer, Cease placement 24 hr. before forecasted temperatures below 32°F. D. Surface Preparation. Thoroughly clean the surface of all vegetation, loose aggregate, and soil. Remove existing raised pavement markers. When existing surface conditions require, provide a water spray immediately ahead of the spreader box. Apply water at a rate chat will dampen the entire surface without any free -flowing water ahead of the spreader box. E. Material Transfer. Minimize construction joints by providing continuous loading of material while placing microsurfacing, Ensure that oversized material has been removed prior to transferring the aggregates to the mixing machine. F. Placing. Spread the mixture uniformly to the lines and grades shown on the plans or as directed by means of a mechanical type spreader box. Shift the spreader box when necessary to maintain proper alignment. Clean the spreader box as necessary to minimize clumps. Set and maintain the spreader box skids to prevent chatter in the finished mat. Prevent loss ofmalerial from the spreader box by maintaining contact between the front seal and the road surface. Adjust Ate rear seal to provide the desired spread. Adjust the secondary strike -off to provide the desired surface texture. G. Curing. Protect the finished mat from traffic until the mix cures and will not be damaged by traffic. Adjust mixture properties according to humidity conditions and ambient air temperatures to allow uniformly moving traffic on completed travel lanes within I hr. after placement with no damage to the surface. Protect other locations subject to sharp turning or stopping and starting traffic for longer periods when necessary, 1-1. Production Testing. Provide access to the mixing unit discharge stream for sampling purposes. Produce a tnicrosurfacing mixture that will meet the tolerances specified in Table S. Remove and replace or use other approved means to address material that does not meet these requirements, at no additional cost, Table 5 Production Test f-raput'y Test kletbod Ftea a�iasearersls_ Asphalt Tex-2i61_' an content, asphalt meter Design taiget ± 0 5% and within hmits of•fable I % Cisadation, % 'fex-200•F, Part n till sieve and larger: i:5 from design gradation retained (Washed'), f41(,�iewEreadss�3atici ±3Gomdr tgt€ lsd�I�atn I breed to constr nt wi as 2301:k IO'F. 2 Malciial passing k200 sieve including the mineral filler must conform to the limitations of the master gradation shown inTable I 1. Workmanship. Remove and replace tnicrosurfacing material exhibiting evidence of poor workmanship at no additional cost. 1, Finished Surface. Provide a finished surface that has a uniform texture free from excessive scratch marks, tears, or other surface irregularities. Marks, tears, or irregularities are considered excessive if- • more than I is at least 1/4 in. wide and at least 10 ft. long in any 100 ft. of machine pull, • more than 3 are at least 1/2 in. wide and more than 6 in, long in any 100 ft, of machine pull, or • any are 1 in. wide or wider and more than 4 in, in length, 2. Construction Joints. Place longitudinal joints on lane lines unless otherwise directed. Provide longitudinal and transverse joints that are uniform and neat in appearance. Provide construction ,joints that have limited buildup and that have no gaps between applications. Joints with buildup will be considered acceptable if. • no more than 1/2 in. vertical space exists between the pavement surface and a 4-11. straightedge placed perpendicular to the longitudinal joint and • no more than 1/4 in. vertical space exists between the pavement surface and a 4-ft. straightedge placed perpendicular to the transverse joint. 3. Edges. Provide an edge along the roadway centerline, lane lines, shoulder, edge of pavement, or curb line that is uniform and neat in appearance. The edge is considered acceptable when: • it varies no more than ±3 in. from a 100-ft. straight line on a tangent section and • it varies no more than 1-3 in. from a 100-ft. are on a curved section. J. Miscellaneous Areas. Use a single -batch -type lay -down machine or other approved method to place materials on ramps or other short sections. Lightly dampen the surface before placing the mix. Provide 100% coverage that is uniform in appearance and comparable to that produced by the spreader box. K. Ruts. When shown on the plans, fill ruts, utility cuts, and depressions in the existing surface in a separate pass from the final surface. Fill ruts as follows: • Fill irregular or shallow ruts less than 1/2 in. deep with a full -width scratch coat pass. Use a rigid primary strike -off plate unless otherwise approved. • Fill ruts 1/2 in. deep or deeper independently using a rut -filling spreader box that is at least .5 ft. wide. Crown the spreader box to compensate for traffic compaction. • Fill ruts deeper than 1-1/2 in, in multiple placements unless otherwise approved, MEASUREMENT AND PAYMENT METHODS OF MEASUREMENT: The quantity of aggregate used in the accepted portions of the work shall be measured by net ticket weight of the individual loads of aggregate as measured by approved scales at the project or approved stockpile site and delivered to the lay down machine Measurement for payment shall be based on the square yards of surface treatment accepted by the City, complete in place, in accordance with these specifications. The amount aggregate must fall between the specified range of 24 to 26 lbs. of dry aggregate per square yard of polymer modified micro -surfacing treatment to be acceptable to the City. POLYMER MODIFIED ASPHALT EMULSION: The quantity of polymer modified asphalt emulsion used in the accepted portioi of the work shall be measured by gallons of emulsion shipped and used. Mineral filler, modifier, water and all other additives shall be considered subsidiary items and shall not be paid for separately. Measurement for payment shall be based on the Square yards of surface treatment accepted by the City, complete, in place, in accordance with these specifications. BASIS OF PAYMENT: The authorized and accepted quantity of polymer modified micro -surfacing treatment shall be paid for a the contract unit price bid per square yard accepted by the City, completed in place in accordance with these specifications. The Bidder may submit separate bid price per square yard for preventive maintenance work and maintenance of utility cut surface. The unit price bid shall be considered full compensation for all aggregate, polymer modified asphalt emulsion (including mineral filler, water, modifiers and additives), emulsion for tack coat, material, labor, tools, equipment, cleaning the existing pavement, maintenance of traffic and all other incidentals necessary to complete the work in accordance with these specifications and the bid documents Payment shall be restricted to only those micro surface areas in which the specified range of dry weight aggregate is 24 to 26 lbs, per square yard. No payment shall be made for micro -surfacing treatment not authorized or approved by the Director of Public Works Bond #1028772 PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That Viking Construction, Inc. , 2592 Shell Rd whose address is Georgetown, Yx 78628 hereinafter called Principal, and The Hanover Insurance Corn any . a corporation organized and existing under the laws of the State of New Hampshire , 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 three hundred seventy-five thousand and no/100 DOLLARS ($375,000) 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 2014-124, with the City of Denton, the Owner, dated the 6th day of May A.D. 2014, for File #5529 — Street Microsurfacing for the City of Denton. 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. File # 5529 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 6th day of May 2014 ATTEST: BY: SECRETARY ATTEST: BY:4a-ac"a- Cynthia Giesen PRINCIPAL Vikina Construction. Inc. f BY VICE- IDENV SURETY The Hanover Insurance Company ATTORNEY-IN-wAC'I,` Linda K Edwards The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Jack Waqner STREET ADDRESS: 1445 Ross Ave, Ste 4200, Dallas, TX 75202-2787 (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name) File # 5529 EXHIBIT B Bond #1028772 PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That Viking Construction Inc: whose address is 2592 shell Rd.. Georgetown, Tx 78628 hereinafter called Principal, and The Hanover Insurance Companv a corporation organized and existing under the laws of the State of New Hampshire , 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 three hundred seventy-five thousand and no/100 DOLLARS ($375,000), 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 2014-124, with the City of Denton, the Owner, dated the 6th day of May A.D. 2014, for File #5529 — Street Microsurfacing for the City of Denton. 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. File # 5529 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. sh4IN WITNESS WHEREOF, this instrument is executed in four copies, each one of which be deemed an original, this the 6th day of May 2014 ATT1m.T: PRINCIPAL BY: SECRETARY ATTEST: BY:L 6 Cynthia Giesen Viking Construction, Inc. BY: VICE- PRESIDEN'1 SURETY The Hanover Insurance Company BY: - . ATTORNEY -IN -FACT , Linda K Edwards The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Jack Wagner STREET ADDRESS; 1445 Ross Ave. Ste 4200. Dallas. TX 75202-2787 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) File # 5529 POWERS OF ATTORu CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Linda K. Edwards, Robert C. Fricke, Cynthia Giesen, Douglas J. Wealty and/or Wesley M. Pitts of Austin, TX and each is a true and lawful Attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Twenty Million and No/100 ($20,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Vice President, be and they are hereby authorized and em powered to appoint Attorneys -in -fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1981 -The Hanover Insurance Company; Adopted April 14,1982 - Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 28th day of October 2011. THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF W ORCESTER ) ss. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INS , ANCE IytPANY OF AMERICA Robert Thomas, Vice President _ ar ice P On this 28th day of October 2011 before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens insurance Company of America, to me personally known to be the individuals and officers described herein.. and acknowledged thatthe seals affixed to the preceding instrum(ant are the corporate seals of The Hanover Insurance Company, Massachusetts Bray insurance Company and Citizens Insurance Company of America, respectively. and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. HBAHAA,GARLICK Barbara A, Garflck. Notary Public ��..._ My Commission Expires September 21, 2018 1, the undersigned Vice President of The Hanover insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that Ihte above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certifhid Copies of such Powers rf Attorney and certification In respect thereto, granted and executed by the President or any Vice President in ronlunction with any Vice President of the Conaparry, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, every though one or more of any such signatures thereon may be facsirrrilee (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April'141 1982 - Massaaehusetts Baylnsurance Company: Adopted September 7, 2001 - Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 6th day of May 2014. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA Iyi,.A€.t,r;l Tarn Margosian, Vice President n" Hanover To obtain information or make a complaint: You may call The Hanover Insurance Company/ Citizens Insurance Company of America's toll -free telephone number for information ortomake a complaint at: Commercial Lines Para obtenerinfonnadon o pana yome1eruna qu .a: UytedpuedeUamara|numerodate|efonogratis de The Hanover Insurance Company/Citizens Insurance Company ofAmerica's paeinformacionopara You may also write to The Hanover Insurance Company/ Uatexd tarnbien puede escrbir a The Hanover Insurance Citizens Insurance Company of America at: Company/Citizens Insurance Company of America a|: 440 Lincoln Street Worcester, MAO1615 You may contact the Texas Department of Insurance to obtain information on companies, coverages' rights orcomplaints at: You may write the Texas Department ofInsurance P.[).Box 1491O4 Austin, TX78714-91O4 Fax: (512)475-1771 Web: gov E-mail: ConsumerProtection@tdi.texas.gov Should you have adispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department ofInsurance. ATTACH THIS NOTICE TO YOUR IPOUCY-Thia notice iafor information only and does not become e part or condition of the attached document. 44OLincoln Street Worcester, MAO1615 puedecomunicarmecon e| Departamentode5aguros deTexas penaobtenerinformacionacencade companias, coberturaa, derech000qu jaaa|: PO. Box1491O4 Austin, TX78714-91O4 Fax: (512)475-1771 VVeb:http://www.tditexaa.gov E-mail: ConsumerProtection@tdi.texas.gov 3itiene una dioputa conoernientea su prima oo un rodamo,dobecnnounicarsecon e| agenteo|acom- pania primenn. Si noseresue|ve|adisputa, puede ontonceocomunimarsecon e|departannento(T[}|). UPJA ESTE AV|SOA SU POUZA: Este oviso es solo pana propositode informacion y no se convierte en parteocondidondel dncunnentoa,Gunto. The Hanover Insurance Company /woLincoln Street, Worcester, MAo1653 M11is Upon contract execution, all insurance requirements shall become contractual obligations, which the successful contractor shall have a duty to maintain throughout the course of this contract. W41 ► 17.1 CIA 1 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. Contractor shall file with the Purchasing Department satisfactory certificates of insurance including any applicable addendum or endorsements, containing the contract 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, 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- VII or better. • Any deductibles or self -insured retentions shall be declared in the proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: ■ Name as Additional Insured the City of Denton, its Officials, Agents, Employees and volunteers. That such insurance is primary to any other insurance available to the Additional Insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • Cancellation: 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. File # 5529 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. 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 $1,000,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. File # 5529 Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned hired and non -owned autos. [X] Workers' Compensation Insurance Contractor shall purchase and maintain Workers' 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 Workers' 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 $500,000.00 combined bodily injury and property damage per occurrence with a $1,000,000.00 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 $1,000,000.00 per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires. This File # 5529 type insurance should be required if the contractor has access to City funds. Limits of not less than,$ 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. File # 5529 ATTACHMENT 1 [X] Workers' 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 food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and File # 5529 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; 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, File # 5529 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. File # 5529 EXHIBIT D 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 Date Received person who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity 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 knowingly 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. 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 71h business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whoipjileer has an employment or business relationship. KA0 Name 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 tionnaire? El qu Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No D. Describe each affiliation or business relationship. 4 rf ! � 4 Signature of per �son di i tg business with the governmental Date entity File # 5529 rA.140011 File # 5529 i R ik I I I' 6-mg9lollwal, Di 0321 Li FINANCE DEPARTMENT DATE: FEBRUARY 07,2014 CITY OF 1, WEATHERFORD, TEXAS 760862014 !' • S / • •" • 1, .;�• •. • • • •./ 0 OWN 1 •'' • ' I '1 • 1 I ' 1 I 1 1- • APPROXIMATELYIII SQ UARE VARDS OF MICROSURFACING HEREBYTHE UNDERSIGNED OFFERS • S / • • • COMPANY OR INDIVIDUAL. ADDRESS PHONE NUMBER Au'rilORIZEDS 3NATURE DATE CITY OF WEATHER -FORD VEINTDOR QUESTIONNITAIRE 1. Rusiness Name and Address: ZX 11, —Proprietorship — Partnership _ZC-orporation 1H. En�ploy er ILA INT-umber or Social Seculity Nuraber:_If-A 3 / __ IV. Years Company Has Been in Business: 1 V. Com, aTly Owners/Officers by Name and Title: �2 a._ L b� �, OUAIN c d.- Vt. Bank and Other Business References. - a. Bank: Ad/ ftk-'� V_'_� 7 Contact', b� Coropa,&-iy-, 7ol C. ox 'i '_el) � Co Phone: �-J�g ntact: _11 i Infornmation rnust be furnishecl trt City prior to akvard of contrzict, Client#: 148025 VIKINCON DATE (MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 5/08I2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. - - --- — - - -- ----- — Iwb� 14TANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If 'SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsernent(s).. PRODUCER .ONTACT _- NAME; USI Southwest Austin PHONE 512 451-7555 �� 512 467-0113 §Arc No, Extl (AfC,-Nei 7600-B N. Capital of TX Hwy #200 E-MAIL _ Austin, TX 78731 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # 512 451-7555 INSURER A :Zurich American Insurance Compa 16535 risUREIi.......---------- INSURER B : St Paul Fire and Marine Insuran 24767 Viking Construction, Inc. American Zurich Insurance Coma 40142 2592 Shell Road INSURER c : P INSURER D Georgetown, TX 78628 : INSURER E �'. INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 CONTRACTOR 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. .TR TYPE OF INSURANCE A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I XI OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X1 JLLt L0C., A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS X AUTOS POLICY NUMBER G L0437877403 BAP437877304 B XI UMBRELLA LIAB X_ OCCUR ZUP11S4912214 1 EXCESS LIAB CLAIMS -MADE nFn I X RFTFNTIONB10.000 C ,& WORKERS COMPENSATION WC437877503 I,...... AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE❑ OFFICER/MEMBER EXCLUDED? �( N / A (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below LIMITS 1/2014 03/01/201 'EACH OCCURRENCE i$1,000 DAVAI , J 7 rTENTE Li P MMA kFl-�• (I=�, rA� iunartc lil $1.00�0 MED EXP (Any one person) $10.00 PERSONAL & ADV INJURY $1,000 GENERAL AGGREGATE $2,000 IP�MP/OPAGG $2,000 ........_...... 112014 03/01/2015 �E "3 ;" INGI.E.LIMIT t� R1,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PI�Or L;iIY DAMAfIi $ ... ..- 33ar-older, J._ 1/2014 03/01/201 ,EACH OCCURRENCE $5;000 /20141103/01/201 E.L. EACH ACCIDENT _I,$l E.L.DISEASE - EA EMPLOYEE� —$1 E L DISEASE - POLICY LIMIT $1 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) The General Liability and Auto policies include a blanket automatic Additional Insured endorsement that provides Additional Insured status to City of Denton, It's Officials, Agents, Employees and Volunteers , only when there is a written contract that requires such status and only with regard to work performed on behalf of the named insured. The General Liability, Auto and Workers Compensation policies provide a Blanket Waiver of Subrogation in favor of the same when required by written contract. ERTIFICATE City of Denton 901-B Texas Street Denton, TX 76201 000 11111 IO 000 000 000 000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE T 14 - W &IMA ,, I ©1988-2010 ACORD CORPORATION. All rights res ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD el #S 12447352/M 11752161 SZTH B