2014-124•• � • � � � �
AN 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.1N 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;
No VV y 1%1Lin 1'.i' od\Liy
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 Propasals" or plans and specifications on
file in the Ofiice 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 C01�IrC��1�CTOR AMOUNT
5529 �iking 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 campetitive bids and the execution
of cantracts 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 a�tharized contracts executed pursuant thereto.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the �� day of __ �, 2014.
,, . ; ,•� • ,•�
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
.
BY: �..
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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coNTxacr BY aND BETwEEN
CITY OF DENTON, TEXAS AND VIKING CONSTRUCTION, INC.
(FILE #5529)
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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 —
�'.t����°s�:r�ii�� I't�rcl��simt�,� r���=cc�7�t�.r�k ��itl7 �t� af W��rtl��r•it��•ci'� ��i�� �l;�[l�� Ci�l� _���i°
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 " ");
(c} Insurance Requirements (Exhibit "C");
(d) Form CIQ — Conflict of Interest Questionnaire (Exhibit "D");
(e) Contractor's Propasal. (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 Cantract 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
"Cantract Documents."
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in
the year and day first above written.
• '• •'
VIKING CONSTRUCTION, INC.
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AUTHOI� G�I� SIGNATURE
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PHONE NUMBER
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E-MAIL ADDRESS
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CITY OF DENTON, TEXAS
A Texas Municipal ��c��- �����i����
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CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: ..�. �
1�I���1 � �;[� �`� F () LEGAL FORM:
�N1"1��'� I�[�T�GESS, CITY ATTORNEY
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INVITATION FOR BID #2014-005 TERMS AND CONDITIONS and
SPECIFICATIONS
FROM: FINANCE f)EPAR�rM�N�r
CiT'Y OF Wf:A'T}iERI�ORU
1'.CJ. 13UX 2S5
W EA'Tk I I; RFC)R D, '1'X. 76U86
(817)59$-4232
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r iNVrTaTi N
(�rii,s rs Nc��r� aN oKnFR>
DA'i'E; F�BRCJARY 07, 2014
B I p N U MB ER : 2q I 4-0005
131D'T'f'f[,E: M]C:ROSIJRF�ICING FC)R S'1'REETS
I31L) OI'ENING; 2 P.M., f�EBRUARY 25, 2014
SF..ALE[� F31DS/PROPOSA[.S F�OR 7�He rrFMS s�NCrH'IED W�II.I, B� REC;EIVEf_) AT TI-3E OI�FICF C3E'
'i'HE' �[REC;"fOR nF FINANC:L:, 303 PAI..O PIN7'O S'TREET, WF.A7'T-i�RFORD, °fEXAS 76O86 iJN"i'[L:
2:00 P.M.,'d'UESDAY, �+'EBitL1AItY 25, 2014
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]. SEALF,17 B117S/PROPOSA[.S MUST F3E RGC:EIV�>[� ON 1'HE AT'I"ACHEU B[D SUBMIT"TAIr
F'ORM, PR1C)R TU OPEN{NCi DATE AND 'I'1M[: 'fO BF.. CONSID£:REU. LA'i'£� PRCiPOSAI,S
WII.L BE RE7'URNF,f�, IJNnPENED.
2. B1DS SHALL BE PLA�NLY MAIiKEID AS Td THE BID NUMB�Fi, NANdE OF Bll), AIYD
�9���A��.Py'W,M 4.Y}`1�eA �� i,Pi�9 f# @��.'.�� 4JRJ�F.��.,A&J'Aj� 4,F&�� t`� 'k.e•�OY4F� �.A�u'il pl'.rB.JA. 47A.`.a�R,.a:4:i.R1F $'�3'1 S'� �Lb.1'�@�.l'.+x f1��LY
M/'l1f.sL' D Vl� DGUI V Ed�GI/ l 0 117L` � C i�Al\l.Se lJL' f Al� 1 dr1Pe1\ l l.11f I VP
�'� �4'I°���'�8�`[�It&2 �.t9. �3��� ��� ,3U3 ��������II�'�`f� �'[ �,F:1+� 1, �a'T:i�.,' ,�'�-��1�.�+'�d�L�, `T°C7���
76086.
3. ANY SUBMIT"T`ED AR'i7CLE r��vrAT�Nr F'!�OM 'CHE� SPFCII'ICA'1'[ONS MI.IS'1' 13E
IDF.N'ffFILU AN1;7 HAVE FULL UESCRIPT[VEi [)ATA ACCC)MPANY[NG SAM13, C)R 1'1' WILI,
NQ'r 13f (:ONSiDF..R�[).
�1, AI.I. MATf:RIALS ARI3 T'C.l AF.. QUO'I'LI� FOB Wf;A'1'HFRF�ORD, '�I�EXAS, faEI,IVF:ftf"sC) 'f'C�
CI"1'Y FACII.ITY ON EiAS'T (JAK S"fREE'T", UR AS C)TF-IF:RWISI� INUICA'1'LD.
5, UNLESS OTH�ERWISE N07'CD C)N Tf�lli BI1",), ALL NitICES FC7C2 A'NNUAL E3l[)S SL-IALL
ItE,MAIN I�IXED F012 `I'NG'1'lMls PERIO[) SPF3CIF'IGD ON'i'HE i31f) SIJCiMITCAL 1'ORM.
fi. 1N CASG l)F:F'A111,'T BY E31UUFiR AF'I'F:R F�11) ACC,EI'TANC�f;, 7'HF, C:ITY OF W1;A'I°IiER[�012D
MAY, A'I' I"1'S OPTIC)N, HOLI) 'I'HE; ACCt�,P'fE[) I31D[�[;R Of� C(�NTRAC'i"OIZ LIABC.E; T'OR
AN'Y AND ALL f2&�.SUI: T'AN'I' iNCfZEASEL� C(�STS 'I'n 7'1-1L: C1"I'Y AS A PIsNAI.`fY f'(7K St1Cki
DI;FAIJ I:1'.
7. '1'IiE CI'I'Y OI' WfiA`l'EIERF�ORU R[�SERVI:S 'I'fIL fi1GH"i� `I`O RI;JF.•,C'T ANY ANI:) AL,L, C.i11�S,
"1'O WAIVE AI,L INFC)RMAL1TIt?S ANl3 RF.,Ql.1lRi: '1'kiA'l' SUBMI'T"1'F.D F31T35 RLMAIN lN
FORCF.: i'OR A S1XT'Y (6U) 1:)AY PERIOD AF']'P.R OPF�NINCi (�K lJN"fll, AWARI) IS MADI;,
WIIICFiLVI�R COMES I�IItS'C'.
8. TI�IE QUAN"i'I'i�16S SI-IOWN MAY 13F.s AYPROXIMATr AND CUULC) VARY ACC'Qi2D1NG 'TU
7'lIE REQ1111ZE:ML�N'l�S OI� ']'HF� CITY OF WEiA'I"1if�Rf'UFtU THRC�iJGIi(�U7' TIi� CONTI�AC't'
f'l:RIOU,
9. "TI�II; I'i'EMS ARF TO [36� PR1C".E[) L;AC:}-I NET, PACICAGING UR Sl-�1PPlNG Ql)ANTITI�sS
WILL 13E CONS1Df;REC.7.
10. ANY A"1"'TLMPT �'O NI:GO'TIA'I'F, W1T'Ei THE C.li'Y' OF WF;ATHfiRFnRla OR I'1'S
REPRFsSEN'1'AT1VL•',S PR10R 'I'O AWARC7 OR GiV� FALSG 1NFnRMA'fiON ON 'I'HE
CON'TLN"I'S dP' THIS BII� SHALI. I3E GROUNQS F(�R D1SQl1ALIP[CATION.
11. "I'HF CI'i Y C)E' WF'A1'k1F.RFORD IS F.,XEMP'T FROM ALL SALES ANU I:XC;ISE TAXES.
(ARTICI.E 20,04F3)
12. ANY CATALOG (�12 MANIJ�AC7'IJR�RS RF,FERI:NC;E 1N "t'1tIS INViTA'T'lON 'TO BID 1S
DI:SCRIPTIVF:, f3U'T NC)'1' RESTRIC'1'IVL', ANI) 1S USE;I� ONLY TO INDfCA'1'E 7'YPE ANU
GRADE UNLESS O"I'1-IERWISE: S7'A'I'F.[�.
13, FURNISId SPEC;IFICAT10N5 AND [)l�SCRIPTIVE Ll'1"ERATUItLi ON A[,L ITFMS BIU.
14. IN 'f'WE EVEN"i' A NO-R!l) IS 'I'O BG SU[3MlT'f'EC), NOTF SAME UN INWITATIONS AND
RI:'I'IJRN WI'l'H "1"fiE G.F.,NERAL PR(3V15lnNS INCLUDE:C) HF,RNIN,
15. `I'I�If; CfTY OI� W[:A7'NEI�FORI) RFSLRV�:S THE RIGN7"'TO AWARD BY ITFM UR'I'fJ7'AL,
F31D AND'I'O WAIVF, ANY I�OI2MAf �l']'lES ANU �I�ECFTNICAI,Il'IFS.
16. CASH U15(:'OUNTS WII�L RE� C'A1,CULATEf� f'RUM DATE COMPLE'CE S1riIPMf:N7' OF
URDER 1S RECi:IVF.,T), C)R UA'I'F INVUICF 1S RI�CEIVED F3Y 'T}-1L CITY, WHICHFVER IS
f,ATER. Pl1RC1iASE ORDER NUMDER MUS'1' AI'I'EAR UN ALI, INVOIC'ES AND
C)CLIVEiRY T1CKE:T'S,
17. PAYMEN'1' FOR MATF�RI/1L OR SLRVICES Wll.l, E3E; MAT)E ONLY AF'T'F:R CC�MPI.,F.,°I7dN
()F ()RDER FiAS Lifil;N REC:LIV[;L:) E3Y TIiE CITY, ANI) A!�'i'E?R 'I"H�; 11S1NG 17L;I'AR'T'MEN'f
HAS CLR'I"1k�IL�D RI;CE[P'C C>F MATERIAI. 4R SLRVICES, AND VERIFIGD '1'HA"T THF.
MA'I'ER1AL Ot� SLRVICE 1S 1N ACCORDANCE: WI'T'f-{ THI; f3ll:) SCJF3M1'i"1'I:D.
18. A BIC) CAL.C'[lI,A7'1aU ON AN "AL,I, C�R NnNE" BASIS, MUS'T L3F. SO S'I,AT'E:D ()N 'TIiE; 131D.
19. "T'HE CI`T'Y OF W1:A'f'1�CRFORI) RFSI�RVES THE RIGIi'f '1"C.) CANC.�L. ANY CONT'ftAC"C
AWAR[)E.;f� FRUM TkilS Blp WITIi 3n I3AYS W�l'f']'EN NC�TICC 'I'O i'HF SUCCESSFi11,
g1DUL'"R i}" CITY DISCOVERS SI.J$-STANDARD MATERIAI.S C�R S6[tVICE NOT' MEE'1'INCi
C3ID SPECI�'iCAT10NS, C7R'1'HE I'RICING OF S[:RVICCS OR MATC:RIALS ARf: NO [,ONCER
1N THE E3EST INT};Rf:ST OF °I'HE C("fY OF WL'A"I'HERI'URll.
2Q. '17-IE [;NCI.OSED "VLN170R QUES'I'IONNAIRE" FORM ANC7 "CONFLICT C.)F iN7"ERGST
(1U .F..S'TIONNAIRE" MiJST RE F'ULLY COMPL,E1'E[) ANC) F,NCf,osr�� As r�artT or �r�-f€:
FC)RMAL� E31[) PACKAGE;.
21. AGL LiIUS CAL[.,IN(i FOR L,AF3OR AND MAT'LRIAL,S FURNISHE� 1�Y 'I`HE F31DI)�R MUS1`
E3E: BIU AS SEPARA'i'E ANIOUNTS, SO Si'E(:,IFIED, FOR 'TAX AND AC'C�Ol,1N'TiNCi
PURF'OSL;S. MAT6RIALS WHICH ARI: INCORPORATED IN']'O (.)R Bk?COMES PAR'T OF
'rHE PROJEC;'I' ARE EXEMP'T' FRQM SA[,ES 'I'AX. 7'HE; CONTRACT OR PUKCHASE URDEit
WIL,L SO REFEREN(�E 'THESE AMOl1NTS. THE CC)N'TKACTOI2 15 EXI'ECTED '1'C)
f:XL;CUTF_", A RESALE CEIt`I'IFICA'1'G IIYSTFAD OF PAYING T1iE SAI.ES TAX A'T 7'}iE TIME
nF TNE PCJR('HASF.,. 7�fi� crrv or w�A�r'HF,RFORI) WILI, 1SSUE AN f:XI:MT''i'ION
CF?RTIFICA7'E FOR TI�E: MA'TEE21AIaS AS I.,QNG AS "I'l lb'Y ARE A PA(2'i' OF' 7'HE FINISHED
PROJF:C'1'.
22. F31U[.)Ek Sf3AlaI, S7�ATF, [)EL,IVERY T[MF' IN "[7AYS" AF�'1`}:R RFC[:IP'1' OFa ORf)L;lt.
23. [iIDDER SWALI, f'UCtNISH AS A PAR"I' OF '1'l�L 5F;ALLD E31f7, A DG�I'A1LBD 5`l'A"T£:MENT
OF WARRANTY,
24. IN THE LVrN7' OF A'r1E 131D I;QR IDF..NTICAL MATF.R.IALS BID A"I' IL�EN'1'1CAl, i'RICLS,
'1'liE''sFw GENERAI., CUNDITIONS C)I' F31C)DIh1G WILL lil� F:VALUA'TF,C� 1^C7R COMPI.�lANC1;
AND WI1,1. BL� USLD l�(i BRI:AK 1'IiE'TIE, 1N "I7-113 EVE,N"f' Of� A COMPI,E"I'E ANU'l"(77'AL
2S. '1"1•IlS (;ON7`RAC;T WI1.,1., BI� AWARC)ED L:l'THT'Ft'1`f)'1'iiF 1.C)WC'S1' Rk�:�PC)NSIE3L[:; BiDDEft
CJR 'TO '1"I�F: E�113I)L;R W}10 1'ROVIC)F,S GUUI)S OR Sl�[tVICES A°I' 'I'f I[; BEST' VAI.UE i�C.)IZ
'i'liF; MUNICIPALI7'Y IN ACCUIZIaANCE W1'TH CfiAP'i'FRS 252 AND 271 OI� T�IE TrXAS
LOCAL GOVI:RNM�N'T COl71s.
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DA�'E �
Specitications for Microsurfacing
350.1. Description. Furnish and place a microsurfacing system consisting of a mixture af cationic
polymer-modified asphalt emulsion, mineral aggregate, mineral filler; water, and olher• additives.
350.2. Niaterials.
A. (.',8fBO111C POIy1110P-MOVIPIC(j AS�IIIaII EI11UI51011. Provide CSS-1P in accordnnce witl� Secti�m ��00.2.D,
"Emulsified Asphalt."
B. Mineral Aggregates. Provide a crushed aggregate from a single sp�irce meeli�g the requirements of
Tahle 1 and Table 2, tlnless otherwise shown on the plans, f'urnish aggregate ►vith a mininwm "B"
surface classification. ]nclude the amnimt of mineral filler added to the mix in determining the total
minus 1Vo. 200 a�gregule fraction.
Table 1
Aggregate C;radation Requirements
7'�x-��3�6-�', P�orl fl WAS$IC4�
_ ( _�.-----�- --_
Sicvc Size �'�����ticc °lo
l2et:�i�sce9
_...___� ,. , _. . __... ..w. _
_, __�
iJ? irr. .., _ �
..m. e ._ _ � . . m�� e �, v
3f� in . . �. �_. {1-!
._._.. f14._._ , � _____6--A4 _. ,...,_
� .._. —_..--- ---
i1�
#s�;
______. #3U__—__
_. __. _ #so_..�. .....
..._.,...w. ,
M100_.
�._ _ m _.., . .
N2Q(1
��.��s
_ -�� ��
_ ... _. _. ... .. �.
7�- 90
�. . _� ..�.__ . _ ._ , y ,.,. .,,.
82-93
f%i yY
7'Ab'C �
__.., a ����'��?�te C��salot�� p�et�uir �.=awier�ts
_� _.._ _.
l�rng�e�ity ��s� 11�€��rne! R�eau�rements (
s�� --- -° --
M s�+u���uitr �uE#`�a�� s��t�i�t9��w4�, `;G max' is.� il } ei 30 `
Sand ���4a�v i�c�rt v�rldg� °f.�, raa�n isx it13 � 7D �
1 , Usa �izsi�Pt �r'tmdb�dCauar #ax lltx� wtrt�r�a9nasv icst � _.mm�. ___— — -
C. Miueral Filler. Pr��vide a mineral filler that is free nf'lumps and foreign matter consisting of'non-air-
entrained cemerit me�ting the requiremenls of f)MS-4G00, "Hydraulic Cement," or liydrated lime
meeting the requirements of DMS-6350, "L,ime and l.ime Slurry."
D. Water. Provide �valer that is potable and free of hamiful soluble salts.
E. Other Additives. Use approved additives as recommended by flte crnulsion manufacturer in the
emulsion mix or in any af the compnnent materials when neccssary to adjast mix time in the field.
F. Job-Mix Formula (.JMF). Pravide a mix design confi�rming to tl�e pronortions sh�wn in'1'aUle 3 and
meeting the requirements shawn iu Table 4. 7�lie mix design is suUject to verificalion using laboratory-
produced mixes or trial Ualch rnix before approval.
'�'able 3
,D��F" �°�'�'r���6aits�r�� _
I4i�[sr i3a1 � — _ i'ranm Uon . ._.j
It�sidual asplialt 6 U to'J D°/m bv wt ot drv aeerleatc
--. _.,.......e.m_m ._ __ _ _ _ _---.._____ ..,.. _�� �.�..,a. � . � �.... __ _,
� Mineial fillei (hydraulic ��� 5 to 3 0°.o by wl ol diy aggiegale 1
cemc�t or hydraleA limel
, _ __ _ . . u.�_ �- __ -- _ � .__. . �. _. _...!
I'ield cunlrol additrvc As requircd to orovide �onlrnl ol'brenk and �urc
�Walcr _ �...w .___ a. _
�_—_ ... ,,._ � As icutuieJ lo oiovide rnnaei can�istenc� -- ;
Table d
�uia•ernents
�.. ��'prt��rl� �.w � � � F$t"t��'csl Mclhod � #���amMt������� ___°�����
� Wt,l tiack zbta5ton, g/Sq fl , ntax �"ex-240-F', ha�1 iV 7S
u�eai valuc
� , _ ._ . _ _ . _. _I
� t��ualatsfers (eggreg itc and mineral re�-aaa r r•t« n fahlc, 1
� Itflce� � (Wa5hcdl �
�i�C ii11Yt, CCil31d'41��C� �O ��?d�151,L �RK�. ��i�) � tftfli �..._. ..�255 -i
Prcrvide emulsion and aggregate ihal are compatihle so that the mixing process will complelely and
uniformly coat the aggrebate. Design the mix so that the mixture will hs�ve sufficient working life to
allow fc�r proper placemenl at the predicted ambient temperature and humidity.
350.3. F.quipment. Maintain equiprnent in good repair and uperating condilion.
A. Mixing Ma��hine. Furnish a self-propelled microsurfacing roixing macl�ine with:
• self-loading ctevices to pmmote continuous laying operations;
• sufficient storabe capacity for mixture mate;rials;
• individual v�lume or weight cantrols ihat will proportion eaclr material to he added tc7 the mix;
• continuous f7ow mixing with a revolving multi-hlade mixer capable ot`discharging the mixture on
a ecmtinuous ilow basis;
• opposite side driving stations;
• full hydraslatic c�ntrol of the f��rward and reverse speed during nperation;
• a water pressure system and nozzle-type spray bar iminediately ahead of the spreader box an�l
capable of spraying the roadway for lhe width of the spreadcr box;
• a mechlnical-type spreader box equipped with paddles or other devices capable of agitating and
spreading the materials thrnu�;hout the hox;
• a spreader box with devices cap�ble of providi�ig lateral tnove,ment or side shiR abililics; and
• a spreader box with a fmnt seal, adjustt�ble rear slrike-of1; and an acljustable secondary rear sirike-
off.
Calibrate and prnperly mark each confrol device lhat proportions the individual matcrials. F:quip the
aggregate feed with a revolution counter or similar device capable of delermining U�e quantity of
ag�;regate used at all times. Provide a positive-displacemeiri-t.ype emulsion pump with a revolution
co�inter or similar devic;e eapable of determiuing the yuantity oi'emulsion used al all times. Provide an
ap��roved mineral filler feeding sysiem capable �Funiformly unci accurately metering the required
material.
B. ScAles. Scales used fi�r wei�hing aggregates and emulsi��n must rneet all requirements oP Item 520,
"Weighing anc� Measuring F�yuipment-" Thr weighing equipmenl for aggregates may be eiYher a
suspended horper or a belt sc�ile,
C. AsphHlt 5turage ;��d Fl�ndli�ig Equipment. When stur•age tanks are uscd, furnislr a thermometer in
each tank to indicate ll�e asnhalt temperalure continuously. Keep eyuipmeut clean and free of laaks.
Keep asphalt materials free from cc�ntamivation.
350.4. Construcfion.
A. Ceneral, f'roduce, lranspart, and place nticrostirfacing as specified in lhis ltem oi� on the plans. Ensure
that the lutished surface has a uniform texture and che microsurface rnar is fully adhered ta thc
underlying pavement.
B. Temporary Material Storage.
I. AggregHte Storage. Stockpile materials in a manner lhat �vill prevent segre6ation ar
containination. Remix stockpiles with suitable equipment when necessary to eliminate
se�regation. lJse a scalping screen while transferring aggr�gates to the mixin�; ntachine to rerraove
oversize material
2. Mineral Filler Storage. Stare llie mineral filler iri a mauner that will kee� il dry and free from
uontamination.
3. Aspbali Maleo�ial Storage. Keep as��halt materials fi•ee ti�om contamination.
C. We�ther Limilations. T'lace U�e. material when the ntmospheric. temperature is at least 50°F and rising
and the surface cemperatw•e is at least 5(1"l�. Cease placement when the atmospheric temperah�re is
below b0°F and ialling, when weather is fi�ggy or rainy, or wheiti rain is imminent as determined Uy tl�e
Engineer, (:�ase placemeirt 24 hr. before forecasted lemperatures lielaw 32°F.
D. Surfacc Preparation. 'I�horoughly cle�n the surFace of all vegetation, loose a�gregate, and soil.
Reniove existing raised pavement markers. When existinb surface conditions require, pi�ovide a waler
spray immediately ahead of the. spreader bc�x. Apply waler at a+ rate lhat will dampen the entire surfaGe
wilhout any free-flowing water aliead of the spreader box.
E. Materi�l Transfer. Minimize ecrostructiun juinls by providinb ccmfinuuus loading c�f material while
placing microsurfacin6, Ensure that oversized material has been remaved prior to transferring the
ag�regates ta the niixing machine.
F. Placing. Spread the mixture unif'ormly to the lines and grades shown ui� the pla��s or as directed by
means c�f a mechanical type s�treadcr box. Shift the spreader bo�t when necessary to maintain prr�per
alignment. Clean the spreader box as necessary to minimize clumps. SeC and maintain the spreader box
skids tc� pre.vent chaiter in the tinished mat. Prevent loss of�malerial frc�m the spreader box by
maintaining contact between the front seal and the rc�ad surfaee. Adjust lhe rear seal lo provirle the
desired spresd. Adjust the secandaiy strike-off to provide the desired sur{'ace lexlure.
G. Curing. Protect the finished mat from traffic until tlie mix c�ures and will not be dam�ged by traffc.
Adjust mixture properties according to hwnidity conditians and ambient air lemperatures to allow
uniformly maving traffic on cotnpleted travel lanes withiii I hr. afler placement with nca damage tt� the
surface. Proteel other locations subject to sharp turning or sWpping and starting traffic for longer
periods when necessary.
H. Produc4ion Testing. Provicie access to lhe mixing unit discharge stream ii�r sampling purposes.
Produce a micrnsr�rfacing mixture tliat will meet the �ol�rances specif ied in Table S. Remove and
repluce or use other approved means tc� address material that does nut meet thesc; reyuirenients, at no
additianal cost,
Table 5
f" w��ast r�clican ' �'��fl
__ __ -- _..__ __ .m � .. _.,
F'�n�sra•ly_ a� �+�sl�4�e�h�a�1 � ... Ftea�a�aasea�erses
Asphall 7��-2�(�-I'' a�i .__ _ _. _ _ -- a
conlenl. asph.dt melcr 6.)�si};n t;�i�.et ? 0 5^to and watB�sai f iat�i9s uf"[�nble t
0
/o ..�..�.._.._._...iL#a�td€,�5- - ',,.--' ..—....- ., _.�._.. ..�...,,e,.._ . ..,,._.�._. _—'-._—._.—_'
Ciiadaliun, °�o 'fex-200•F, Part 11 '�£� sicve reEr� larger. i:5 Gom dcsign grudaiion
retuincd ��� Iwasft��ll� f41(a�i�aE rert� ss�3�ttici ±3 Gom ���k�t€ �E,sd[�I�a�t� `
...,�—_ _ _ , _._.__ _ _._-- -- - _— _.__._..,
1 k)rectt ln cons�tinl wl al'�33�i'I� � Ifd°F.
2 Malciial passing k2U0 sieve inchiding the mincral flller niust confarm in thc limitalions ul'
lhe mas[ei gradetion shown iri "1'alylc I
1. Workmanship. Remove and replace microsurfacin� material exliibifinb evidence of'pc7or
workmanship at no additional cost.
1. I� inished Surface. Vrovide a finished surlace that has a uniform le�ure fi�ee from excessive
scratch marks, tears, or olher surface irrzgularities. Marks. tears, cyr ii7•egularities ure ccrosidered
excessive if:
• more than I is at least I/4 in. wide and at least 10 ft. lcmg in airy 100 ft. of tnachine pull,
• more than 3 are at least I/2 in. wide and rnore than 6 in, long in any 10O ft. of machine pull, or
• any are 1 in. 4vide c�r wider aud m�re than 4 in, in length,
2. Canstruciion Juints. Place longitudinal joints on lane lines unless otherwise directed. Arovide
longitudinal and transverse joints that are uiiifcn•m and neat in appearance. Prnvide construction
,joints that have limited buildup and th�it have no gaps between applications. Joints with buildup
will be wnsidered acceptable if:
• no more than U2 in. vertical space exists between the pavement surface and a 4-ft.
slraightedge 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 tlie transverse joint.
3. Edges. Provide an edge along the roadway ce[�terline, lane lines, shoulder, edge of pavement, or
curb line thaY is unifc�rm and neat in appearance. The edge is considered acceptable when:
• it varies nu more than -t3 in. from a 100-£t. straight linc on a tangent section and
• it v�ries no mare than :�3 in. from a 1 UO-fl. are on a curved section.
J. Miscellaneous Are�s. lJse a single-baich-type lay-down machine or other �pproved method to place
materials on ramps or other sho��[ sectio�is. Lightly dampen the surface befure placing the niix. 1'ravide
100'% coverage that is uniform in appe�rance and cc7mparable to �hat produced by the spreader hox.
K, Ruts. When shown on the plans, fill ruts, utility cuts, and depressioris in the existing sur(ace in a
separate pass from the final surf'ac;e. Fill ruts as fallows:
• �ill irregular or shallc>w ruts less than 1/2 in. deep with a full-widti� scratch c.aat pass. llse a rigid
primary strike-of�'plate unless otherwise approved.
• Fill ruts 1/2 in. deep nr deeper independently using a rut-filling spreader bc�x that is at least .5 ft.
wide. Crown the spreader box to comrens�te 1'c�r traffic compaction.
• F'ill ruts deeper than 1-1/2 in, in multiple placements unlcss otherwise approved,
MEASUREMEIVT AND PAYMENT
METHODS QF 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 stockpfle 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 aggregake must fall between the
specified range of 24 in 26 Ibs. of dry aggregate per square yard of polymer modified micro-surfacing treaiment to be
acce�table to the City.
POLYMER MODIFIED ASPHALT EMULSION: The quantity of polymer modified aspfialt emulsion used in the accepted portior
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. Measur�rnent 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
ihe contract unit price bid per square yard accepted by the City, completed in place in accordancs 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 L�e considered full compensation for all aggregate, polymer madified asphalt emulsion (includini
mineral filler, water, modifiers and additives), emulsion for tack coat, material, labor, tnols, equipment, cleaning the existing
pavement, rnaintenance pf 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 Ibs. per square yard. No payment shall be made for micro-surfacing treatment nat
autharized or approved by the Director of Public Wnrks
, ,
. ,
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 �eorpetown, Yx 7s628 hereinafter called Principal, and
The Hanover �nsurance com,aany . 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, iirms, 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 Agreernent which increases the Contract price, but in no event
shall a Change Order or Supplemental Agreernent 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 payrnent 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 sth day of nnay , 2074 .
ATTEST:
��
BY: � � � �� ���
SECRETARY
ATTEST:
BY: t�- � e
Cynthia Giesen
PRINCIPAL
" i t i n In�.
� �
BY' �:� �� : � � . �'�" �
vICE- P`���IC��
SURETY
The Hanover Insurance ��aKn�a�r�y
BY: 1 �� � �� �r
ATTORNEY-IN-iw t�+�;:"�" 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 Vikina �vr�structica�r lnc: whose
address is 2592 Shell Rd., ��vr�e�csw�. Tx �ss28___ hereinafter called Principal, and
The Hanover Insurance Compan_y , 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-iive 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 an,d truly perform and fulfill all the undertakings, covenants, terms, conditions and
agreements of any and all duly authorized modiiications 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 iinal 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, Speciiications, 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
sh�&1 be deemed an original, this the 6th day of May , 2014
�.
ATTZ:m,`�T: PRINCIPAL
BY; � � �_ �' :..�._
SECRETARY
ATTEST:
BY, `� F �
Cynthia Giesen
Vitcir� � Construction, inc.
_ �'`�� � .� �
BY: �
vlce- PRESIC�IM�I`�'
SURETY
The Hanover Insurance �omp�sr�y
� � �,
BY: �� � � - ��
ATTORNEY-IN-FACT , �inda 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. $te 4200. Dallas. TX 7�?n?-2??�?
(NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation,
give a person's name.)
File # 5529
• r
.
• .
POWERS �� ,� TTORi
CERTIFIED COPY
KNOW ALL MEN BY THESE PRESENTS: ThatTHE HANdVER 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 fallowing 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 MilUon and No/100 ($20,000,000) in any single instance
and said companies hereby ratify and confirm ell 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 Yhe President ar any Vice Presldent, in conjunction with any Vice President, be and they are herebyauthorized and empoweredtoappoint
Attorneys-in-fact of the Company, in its name and as its acts, to execu4e and acknowledge for and on its behalf as Suretyany and all bonds, recognizances,
contracts of indemnity, waivers of citetion and all other writings obliga4ory in the na4ure thereof, with power to attach thereto the seal of the Company. Any
such writings sa executed by such Attorneys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the
regularlyelected offlcers of the Company in their own proper persons." (Adapted October 7, 1981 -The Hanover Insurance Company; AdoptedApril 14,1982
- Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America)
IN W ITNESS W HEREOF, 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.
�^"�`��� ���r;.� N r,�,
� ��� � r ���� ��
� '� � lOrr �.
� �
THE COMMONWEALTH OF MASSACHUSETTS )
COUNTY OF W ORCESTER ) ss.
THE HANOVER INSURANCE GOMPANY
NlA��,0.��ItJS�T�S BAY INSURANCE COMpANY
CITIZENS fh�SiJ, ANC� �Q,�t#�A1�1f OF AMERICA
���� �� ���
- � �'a� , ' ���'7'�.e�,,,�'��r��- .
#��[a��6 �fh�mas, V�c� I�r�sid��i -
,� .
�r : , i�� P : � _
/ �
On this 28th day of October 2011 before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance
��rra�ae�y ��°�� �;al��e��rs fr�sur�ar�c� Cracr��rE�r�y of Ameriea, t�r r,t� p�rsan�aly kr�¢�ww7 t+� f�e the indiv�c�t��E� �nc� faffi��r� cl�s�rila�d Yac:�a-�in, �r�d �krtcn+v�e,�c#�� lh� tl�� seals
���€�xe�i tsa iMr� {�r'���ddR�g ir7�krar�r7��Wc�t ar� IY�e �orporate sea�s raf TR�� Har��av�r Ct�surar�c� Comparsy; Cvf�ss�t6�uset#s t��ay Prtsur�r�ce Gc�rr�p��ay �n�9 C���ze€�s �r���ieance
C;a€n�a�sr�y �f ,�4maric�, r��p�°�:iaWefy. �r�d 1i��t the said cor{�s�r�t� se�1s �r�r� �h��r siqn�iures as 4fkf�e�� wee� d+,iiy �ff���r.i �s��c7 s�ad��rril��d tr� s�€ei �rss#r��r���fi�l �ry the
�f�hh�r�ty �ar�� df���ct�r�rr �f saed Cr�d���r��t6c»�s,
f��� r '�iH��A�A.GRf�P�IG1�
� �, � .`d�ary �'u6a�.
� C� � G� r �i ��7a�earn o� �+a=s��s�n�
"� �,G�r��€„nc, jaS���1;��9
� ��
� _,� �,µ ,,• ,� ,. r'
„, •>���� �' � � . ��'' ���4'��
Barbara A, ��tflcic, dFPr�kary �'Ea�lf� �� LL
My Commission Expires September 21, 2018
I, I6�� urx��:r����7�;r� Vi�� F��esident of �"�r� �P�r�trv�r 11�sur;��tr.� �rompany, Massachusetts Bay Insurance Company and Citizens Insurance Company of America,
rrere�ry €:�r�ify i��at ih� �s�ac�ve and forec��a�� i� a fsa�@, �r�a� �ntl �car�ect copy af the Original Power of Attorney issued by said Companies, and do hereby further certify
fd��af i�7� s�'r� �c�w�:rs �# i�ztorney are �6i�k ir, fares� �nd �ffs�;t.
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 c'�f 4ttrarrs�y �ra� C�r�ifl�ci �i?�i�s �����uh F�r����rs rf �ttarr��y �n� ��rtif��aqiara Yr� r�s�aet [!��r�t�, C�ranted and executed
by the President or any Vice President ut rtar�JwJri�ti�a�� wiih� ar�y Vice �'r��ider,[ �rf tP7� Cc�ri7{��ny ��Sa�l bc� i�ir.s��Grg �an �h� C�r;rrr�i�r,y 1� Cdye same extent as if all
signa4uees therein were manually affixeci, �ve�� ll�r�u�l� �n� a� ratcsr+� a� �<i;y ;u�i� sl�nati�rp� t�e���ar� m�y !�€� f�c�saerEil�e ��+d�p��d €�ctober 7, 1981 - The
HanoverinsuranceCompany;Adoptedll�srll'��� 7�fi82-M��saeF�Gas�tts�ayl�ssrr�nceCar€7�ran:y,Ac!c�pq��€S�pt�n7kas�r?,�t��7�-ti",isRZer�slnsuranceCompany
af Amerlca)
GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 6�h day of NjaY 2014.
7HE HANOVER INSURANCE COMPANY
MASSACHUSETT3 BAY INSURANCE COMPANY
CITIZENS It�SI�RAhC�� COMPANY OF AMERICA
f /,
�� ��� , �, ' �.� � r�� ��,2 �' , ; l .�
�
�ty���P� Margosian, Vice President
fhc
Insurance (�roup"'
.�. , �
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 or to make a
complaint at:
.�� .�: : �
- • • . �
Commercial Lines
. * •�. .
Para abtener informacion o para someter una queja:
Usted puede Ilamar al numero de telefono gratis de
The Hanaver Insurance Company/Citizens Insurance
Company of America`s para informacion o para
someter una queja al:
:�� .�. ,
You may also write to The Hanover Insurance Company/ Usted tambien puede escribir a The Hanover Insurance
Citizens Insurance Company of America at: Company/Citizens Insurance Company af America al:
440 Lincoln Street
Worcester, MA 01615
You may contact the Texas department af Insurance
to obtain information on companies, coverages,
rights or complaints at:
s�� � •
You may write the Texas Department of Insurance
P. O. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http://www.tdi.texas.gov
E-mail: ConsumerProtectian@tdi.texas.gov
•! , r
Should you have a dispute concerning your premium
or about a claim you should contact the agent ar the
company first. If the dispute is not resolved, you may
contact the Texas Department af Insurance.
ATT C T IS TICE T Y U P LICY: This
notiee is for infarmation only and does not beeome
a part or candition of the attached document.
440 Lincoln Street
Worcester, MA 01615
Puede comunicarse con el Departamento de Seguros
de Texas para obtener informacion acerca de
companias, coberturas, derechas o quejas al:
:i► . •
Puede escribir al Departamento de Seguros de Texas:.
P. O. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http://www.tdi.texas.gov
E-mail: ConsumerProtection@tdi.texas.gov
I 7�� 7� j��' � i]:7 :7 ��: 7 I►�i I_�' � i l: 7 x��_\ ►� i[*�� 1
Si tiene una disputa concerniente a su prima o a un
reclamo, debe comunicarse con el agente o la com-
pania primero. Si no se resuelve la disputa, puede
entonces comunicarse con el departamento (TDI).
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.
The Hanover Insurance Company I 440 Lincoln Street, Worcester, MP. 01653
�ai-74sr �tz�iay r=,,y� 1�r � Citizens Insurance Company of America I 808 North Highlander Way, Howell, MI 48843 i7�ri�veP.cam
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Without lrmiting any of the other obligations or liabilities of the Contractor, the Contractor shall
provide and maintain unPil the conPracPed work has been completed and accepeed by the City of
Dercton, Owner, the minimum insurance coverage as indicated hereinafter.
Contractor shall file wilh the Purchasing Department satrsfactory certificates of irzsurance including
any applicable addendum or endorsemenPs, containing the contracP number and PaPle of the projecL
Contractor may, upon writeere request to Phe Purchasing DepartmenP, ask for clarificaeion of any
insurance requirements at any time; however, Contractor shall not comrrtence any work or delrver any
maPerial uneil he or she receives noPifacation Phat the contract has been accepted, approved, and signed
by the City ofDenton.
Ald insurance policies proposed or obeained an satisfaction of Phese requirements shall comply with the
following general specifications, and shall be mainlarned in compliance wiPh these general
specifications lhroughout the duraPion of the Contracf, 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.
• Liabi(ity 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.
• Cancellatiorx: Ciry requares 30 day writPen noeice 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.
', • 11 1', '.', ' , ';
All insurance policies proposed or obtained in satisfaciion of this Contract shall additionally comply
with the followang marked specifications, and shall be maintained in correpliance Bvith these additional
specafications throughout the durataan 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 minimurn 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 properly damage and badily 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 �fi 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 specifc 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 EntiYres
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 ernployees
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.
� Name of person who has a btas€ness r���ti�a�ship 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 7'h business day after the date the originally filed questionnaire becomes incomplete or
inaccurate. )
_ __
3 Name of local government officer with who iler has an employment or business relationship.
!' K GP'�✓
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 qu tionnaire?
� 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 � �� �
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Signatu er of per�� ��� ��� � ���'� �� � �����- ����
��:e��_�
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son Eiy�, �� business with the govemmental � Date
entity
File # 5529
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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.
— -- - ---- — — - --- - � -- —
IMi��t�TANT: If the certificate holder Is an ADp#TIC�P�A� IR€SU��f�, th+� p�sfi�y{b�sj must be endorsed. If �I�BR�C��TI��t IS WAIVECI, subject tr�
the terms and conditions of the policy, certain pollcies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such �n�lvrs�m�r7i�s�.
PRODUCER '��T'����. . ..... ...
EW�eN1�;
USI Southwest Austin ���"� 512 451-7555 �'�� 512 467-0113
§�r� �as�, �xt2 . � 4�rc,.�+���
7600-B N. Capital of TX Hwy #200 �-n��i�
Austin, TX 78731 (_�ou��ss;_ _ _
6NS�F�ER�S} AFFORDING COVERAGE NAIC #
512 451-7555 _... __ _..._ _ .
( iNSUReR n: Zurich American Insurance Compa 16535
....
irisuReo � iNSUReR a; St Paul Fire and Marine Insuran 24767
Viking Construction, Inc. � American Zurich Insurance Com a 40142
2592 Shell Road iNSUReR c: __ P
� -. _.
Georgetown, TX 78628 iNSUReR �: . .
INSURER E :
;._ _.._..__...
�! INSl1RER F :
COVERAGES CERTIFICATE NUMBER. REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES QF INSURANCE LIS7Ed BELOW HAVE BEEN ISSUEQ TO THE INSURED NAMED ABOVE FOR THE PdLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, 7ERM OR CONDITION OF ANY CONTRACT OR O7HER DOCUMENT WITH RESPECT TO WHICN THIS
CERTIFICATE MAY BE 16SUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY 7HE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND C(7NDITION5 OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
.7R� TYPE OFINSURANCE
. .. .... ... __......__----
— .— — __
A .. GENERAL LIABiLITY
�����. �, COMMERCIAL GENERAL LIABILIiY
... .I CLAIMS-MRC�E �_.. X�I OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
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POLICY � X� ���C_ L��..
A AUTOMOBILE�LIABILITY
ANY AUTO
ALL OWNED �� SCHEDULEd
AUiOS AUTOS
�� NON-OWNED
FiIRED AUTOS X AUTOS
POLICY NUMBER
., — —
G L0437877403
BAP437877304
B XI UMBRELLALIAB X_ occu� ZUP11S4912214
��1 EXCESS LIAB CLAIMS-MADE
�_n�n I XI RFTFN7IC)NR�O�000
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C ,& WORKERS COMPENSATtON WC437877503
�!. AND EMPLOYERS' LIA61LlTY Y I N
ANY PROPRIETOR/PARTNER/EXECUTIVE❑
OFFICER/MEMBER EXCLUQED7 Y N( A
(Mandatory In NHj
If yes, dascribe under
DESCRIPTION OF OPERATIONS below
LIMITS
1/2014 03/01/201 ' EacHOCCURRE�vcE i$1,000
� .._ ._._ ..... ..
f��,�ACi� �t7 ��EFJ7E �i
f' tL3�83 l-�' ��� cai iiinarts:�ij $ � Q��Q
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MED EXP (Any one person) $10.00
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PERSONAL&ADVINJURY $1,OOQ
(........_ ,.......__.. _ ......—
�ENE�raLAGGRECa7E $2,OOQ
Paooucrs-comP�oPaGC $2,000
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. ........_......
1/2014 03/01I201S �E "3�;"� ;'����`�`'�'�' ! ����a R1,000
� BCIDILY INJURY (Per personj �
BODILY INJURY (Per eccident} �
i'��C"�r L;k�Y" i,]f1,1�+fi��'i� � ... ....
3'3r �cz;ic9r-nCj._ .
$
1I2014 03/01/201 ,Encw occu�RE�ce s5;000
120141103101 /201
I` "�
E.L. EACH ACCIDENT _�,$l
... ._.._.._._
E.L DISEASE - EA EMPLOYEE $�
E L DISEASE - POLICY LIMIT ��
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Addltlonal Remarks Schedule, If more space Is requlred)
The General Liability and Auto policies include a blanket automatic Additional Insured endorsement that
provides Additional Insured status to City of Denton, IYs 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.
�F�71 FI�C,AY�
City of Denton
901-B Texas Street
Denton, TX 76201
000
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000
000
000
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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 cA! • wl ct.��a�►.
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O 1988-2010 ACORD CORPORATION. All rights r�s
ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD ��
#S 12447352/M 11752161 SZTH B