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Item 4I Item 4I M E M O R A N D U M (September 18, 2018) To: Shana Yelverton, City Manager From: Rob Cohen, Director of Public Works Subject: Authorize expenditures with Curtco, Inc. for street joint and crack sealing in an amount not to exceed $100,000 Action Requested: Authorize expenditures with Curtco, Inc. for street joint and crack sealing in an amount not to exceed $100,000. Background Information: Every year the City of Southlake contracts with a third party technical consultant to perform a condition assessment of the streets in one-third of the City. The condition assessment yields an overall Pavement Quality Index (PQI) which is comprised of three measurements: the Pavement Condition Index (PCI), the International Roughness Index (IRI), and the Structural Strength Index (SSI). The PCI and IRI are measures of surface condition and road smoothness. The SSI is an indicator of the general stability of the roadbed and subgrade. These scores are utilized to develop the annual Capital Improvement Program (CIP) Pavement Management Assessment (PMA) list of streets in need of rehabilitation and resurfacing, full reconstruction, or joint and crack sealing. The Texas Department of Transportation defines pavement distress as cracking, rutting, distortion or other type of surface deterioration which indicates a decline in the pavement’s surface condition or structural load-carrying capacity. Joint and crack sealing aids in maintaining the roadway’s surface condition and slowing down the degradation of the pavement. Crack sealing and Joint sealing extend the life of roadways by preventing water from penetrating into the infrastructure and causing damage. Item 4I Page 2 of 2 Financial Considerations: Funding for street joint and crack sealing is provided in the annual Capital Improvement Program (CIP) PMA Program. In past years, the City has spent under $50,000 for this service. Based on the most recent (PMA), staff recommends performing additional joint and crack sealing with Curtco, Inc. over the next 12 months totaling $100,000. Strategic Link: This item links to the City’s strategy map relative to the strategic focus areas of Mobility and Infrastructure. The specific corporate objectives that are met by this agreement include: (C2) Provide travel convenience within City & region, and (F2) invest to provide and maintain high quality public assets. Citizen Input/ Board Review: N/A Legal Review: N/A Alternatives: The City Council may approve or deny this request. Supporting Documents: Attachment A: Grand Prairie Amendment Contract Attachment B: Grand Prairie Original Contract Staff Recommendation: Authorize expenditures with Curtco, Inc. for street joint and crack sealing in an amount not to exceed $100,000. Staff Contact: Rob Cohen, Director of Public Works Cristina McMurray, M.P.A, C.P.M, Deputy Director of Public Works Grand Prairie City -Contract Cover Sheet ID Department: Purchasing for Streets Vendor Name: Curtco, Inc Project Name: 16133 Joint & Crack Sealing Service -Curtco -Amendment 2 Work Order Number{s): Account Number: 0 Contract Amount: 500,700.00 Insurer A Name: United Fire Lloyds Insurer B Name: Texas Mutual Insurance Company Insurer C Name: Insurer D Name: Insurer E Name: Return Executed Copy To: Bryce Davis, Purchasing Manager Implementation Date: 9/1/2018 De J M Manage e re, Termination Date: 8/31/2019 http ://ravingfans/ gptx/CMO/ContractCoverSheet/Print.aspx?1D=8842 Page 1 of 1 8842 City Council Appr. Date: 9/6/2016 Insurer A Expiration: 1/1/2019 Insurer B Expiration: 1/1/2019 Insurer C Expiration: Insurer D Expiration: Insurer E Expiration: ! YI Date: Date: Date: 7-3/-?,0I 7/19/2018 I t t [ II AMENDMENT TO PRICE AGREEMENT CITY OF GRAND PRAIRJE STATE OF TEXAS COUNTY OF DALLAS § § § KNOW ALL MEN BY THESE PRESENTS: THIS AMENDMENT is made and entered into this date by and between the CITY OF GRAND PRAIRIE, a Texas municipal corporation (hereinafter referred to as the "CITY", and CURTCO, INC. (hereinafter referred to as "VENDOR"). WHEREAS, the CITY and VENDOR have entered into a price agreement to provide joint and crack seal ing services per bid award resulting from vendor's response to RFB #16133, submitted by Curtis Wheatcraft on August 17, 2016; and WHEREAS, the above referenced agreement was for an initial term of one year with the option to renew for four additional one year periods, totaling up to $2,503,500.00 if all extensions were exercised. This Contract was effective as of September 7, 2016, and was to terminate at midnight on August 31, 2017, unless the parties mutually agreed in writing to extend the term of the Contract through an allowable renewal option, or, unless otherwise terminated as provided in provided in paragraph XVI of the original contract; and WHEREAS, the first of four available renewal options was executed on July 13, 2017 and extended the term of the contract through August 31, 2018; and WHEREAS, the above referenced agreement provides that VENDOR may request a price increase through a price redetermination request, substantiated in writing, to become effective on the anniversary date of the contract to cover verifiable increases in cost to the applicable industry; NOW, THEREFORE, for and in consideration of the mutual acts and covenants set out herein, the CITY and VENDOR agree as follows: 1.The parties mutually agree to extend the tenn of the contract and execute the second of the four available renewal options and extend the contract expiration to midnight on August 31, 2019 at which time all of the work called for under this Contract must be completed unless the parties mutually agree in writing to extend the term of the Contract through an additional allowable renewal option, or, unless otherwise terminated as provided in provided in paragraph XVI of the original contract; and 2.The CITY agrees that the price redetermination is acceptable and in the best interest of the CITY and such price increase, which is attached hereto and incorporated herein as if set out in full herein; and 3.Crack sealing unit prices shall be increased by 10.5% to $0.42 per foot; and Joint sealing unit prices shall be increased 10.4% to $1.27 per foot for the duration of the contract as reflected by the price redetermination as described in Exhibit "A"; and 4.The estimated annual amount to be paid to VENDOR under such contract shall remain and not exceed the su m of $500,700.00, to reflect the contract renewal; and AMENDMENT PRICE AGREEMENT CONTRACT RFB #16133 Page 1 of2 II 5. This shall constitute an Authorization for extension of price agreement as set out in the agreement between the parties, and an amendment to such contract. All of the terms and conditions of the original contract shall remain in full force and effect, as amended hereto,unless set out otherwise herein. I k' i EXECUTED this the 3 qday of944:- 2018. 1 f CITY OF GRAND PRAIRIE,TEXAS CURTCO,INC. i By: ,A..----AN` By: Anna Doll,Deputy City Manager Printed Name: C J iuJti S w II G"a I ATTEST: Title: Pre51-41ertt R X, /.. Cathy E.DiMaggio, City Secre : f APPROVED AS TO FORM: 1 ALA' It Megan M: ,City Attorney W l it t 1 1 t t c 1 1 I AMENDMENT PRICE AGREEMENT CONTRACT RFB#16133 Page 2 of 2 I- t. I- i t July 18, 2018 Mr. Davis Purchasing Manager Curtco Inc. 6133 Hwy27 Center Point, TX 78010 Phone: 830-634-3434 Fax: 830-634-3435 EIN: 74-2728472 Thankyou verymuch forthe opportunity to renew the crack seal contractforthe City of GrandPrairie. This contract became effectiveon September 71b.·, 2016. 2018 startedwith higher fuel charges and a tight labor marketin the DFW area. We have alsobeen advised by our material supplier to expect a cost increase of up to 15%. Our labor cost is up almost 14% over 2016. Diesel fuelis up 22.8% over last year. We really wantand need this contract to be renewed. However, with the way things are going, we would like for the City of Grand Prairieto consider a price adjustment forthis contract. Bid Item Crack Sealing Joint Sealing Current Price 38 /ft 1.15 /ft I have enclosed 2 items foryour review. Thankyou, Curtis Wheatctaft Requested Price 42 /ft 1.27 /ft increase 10.5% 10.4% EXHIBIT A Price Redetermination A - 1 of 3 EXHIBIT A Price Redetermination A - 2 of 3 EXHIBIT A Price Redetermination A - 3 of 3 � CURTIN1 nP 1n- 1<1-1 ACORD' CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) � 12/29/2017 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 AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONS TITU TE A CONTRACT BETWEEN THE ISSUING INSURER(S), AU THORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADD ITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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 riahts to the certificate holder in lieu of such endorsementlsl. PRODUCER 210-691-0067 �fijl�cT Kim HuoniInsurance Concepts of San An tonio, Inc. rA�g,NJio, Ext): 210-691-0067 I Fft�. No):210-691-2629 11120 Wurzbach, Suite 201 San An tonio, TX 78230-2426 Lana Sund INSURED Curtco, Inc. 6133 Hwy 27 Center Point, TX 78010-5596 COVERAGES CERTIFICATE NUMBER: it1DA��ss, kim@insuranceconcepts-sa.com INSURER/SI AFFORDING COVERAGE INSURER A , United Fire Lloyds INSURER B, Texas Mutual Insurance Company INSURER C: INSURER D: INSURER E: INSURER F: REVl�lnN NI IMRER: NAIC# 43559 22945 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 11N,: TYPE OF INSURANCE �'?J>� �.���R POLICY NUMBER ,:!?!d<?.'L!=.ffy, POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -D CLAIMS-MADE [KJ OCCUR ���t�U?F����r?..nc.1a\ 100,000 60424006 01/01/2018 01/01/2019 $ M ED EXP <Anv one oersonl $ 10,000 -PERSONAL & ADV INJURY -$ 1,000,000 � 'L AGGREGATE LIM IT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY [KJ m?r D LOC PRODUCTS -COM P/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY COM BINED SINGLE LIM IT /Ea �,,;dent\ $ 1,000,000 X ANY AUTO 60424006 01/01/2018 01/01/2019 BODILY INJURY /Per oersonl $ -OWNED -SCHEDULED -AUTOS ONLY -AUTOS BODILY INJURY <Per accident\ $ HIRED NON-gWNED 1P�9�2c�d�t�AMAGE $ -AUTOS ONLY -AUTO ONLY $ A X UMBRELLA LIAB �OCCUR EACH OCCURRENCE $ 5,000,000 -60424006 01/01/2018 01/01/2019 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ t B WORKERS COMPENSATION X I �f f TIITF I I RJH-AND EMPLOYERS' LIABILITY YIN TSF0001152 369 01/01/2018 01/01/2019 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $ OFFICER/MEM BER EXCLUDED?N/A 1,000,000 (Mandatory in NH) E.L. DISEASE -EA EM PLOYEE $ ��;t�ftfr3� '2>'/�PERATIONS below E.L. DISEASE -POLICY LIM IT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached ii more space is required) Re: RFB #16133 -Crack & Joint Sealing Service The above General Liability provides Additi onal Insured status when required br. written contract per the attached Endorsement CG 7208 2/15 (pp 1, 5 and 6. GRANPR1 City of Grand Prairie PO Box 534045 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Grand Prairie, TX 75053-4045 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ' 1 r I CG 72 08 07 17 TEXAS - EXTENDED ULTRA LIABILITY PLUS ENDORSEMENT COMMERCIAL GENERAL LIABILITY EXTENSION ENDORSEMENT SUMMARY OF COVERAGES This is a summary of the various additional coverages and coverage modifications provided by this endorsement. No coverage is provided by this summary. Extended Property Damage Expanded Fire Legal Liability to include Explosion, Lightning and Sprinkler Leakage * Coverage for non-owned watercraft is extended to 51 feet in length * Property Damage – Borrowed Equipment * Property Damage Liability – Elevators * $5,000 Occurrence with a $10,000 Aggregate * Coverage E – Care, Custody and Control Property Damage Coverage $25,000 Occurrence with a $100,000 Aggregate – $500 Deductible * Coverage F – Electronic Data Liability Coverage – $50,000 * Coverage G – Product Recall Expense $25,000 Each Recall Limit with a $50,000 Aggregate – $1,000 Deductible * Coverage H – Water Damage Legal Liability – $25,000 * Coverage I – Designated Operations Covered by a Consolidated (Wrap-Up) Insurance Program – Limited Coverage Increase in Supplementary Payments: Bail Bonds to $1,000 Increase in Supplementary Payments: Loss of Earnings to $500 * For newly formed or acquired organizations – extend the reporting requirement to 180 days * Broadened Named Insured * Automatic Additional Insured – Owners, Lessees or Contractors – Automatic Status When Required in Construction Agreement With You – Including Upstream Parties * Contractors BlanketAdditional Insured – Products – Completed Operations Coverage – Including Upstream Parties * Automatic Additional Insured – Vendors * Automatic Additional Insured – Lessor of Leased Equipment Automatic Status When Required in Lease Agreement With You * Automatic Additional Insured – Managers or Lessor of Premises * Additional Insured – Engineers, Architects or Surveyors Not Engaged by the Named Insured * Additional Insured – State or Governmental Agency or Subdivision or Political Subdivision – Permits or Authorizations * Additional Insured – Consolidated Insurance Program (Wrap-Up) Off-Premises Operations Only – Owners, Lessees or Contractors Automatic Status When Required in Construction Agreement With You * Additional Insured – Employee Injury to Another Employee * Automatically included – Aggregate Limits of Insurance (per location) * Automatically included – Aggregate Limits of Insurance (per project) * Knowledge of occurrence – Knowledge of an “occurrence”, “claim or suit” by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee Blanket Waiver of Subrogation Liberalization Condition * Unintentional failure to disclose all hazards. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. “Insured Contract” redefined for Limited Railroad Contractual Liability Mobile equipment to include snow removal, road maintenance and street cleaning equipment less than 1,000 lbs GVW Bodily Injury Redefined REFER TO THE ACTUAL ENDORSEMENT FOLLOWING ON PAGES 2 THROUGH 14 FOR CHANGES AFFECTING YOUR INSURANCE PROTECTION CG 72 08 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 1 of 14 Coverage D – Voluntary Property Damage Coverage * * * * * * * * * CG 72 08 07 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS – EXTENDED ULTRA LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I – COVERAGES A.The following changes are made at COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 1. Extended Property Damage At 2. Exclusions exclusion a. Expected or Intended Injury is replaced with the following: “Bodily injury” or “property damage” expected or intended from the standpoint of the insured. This exclusion does not apply to “bodily injury” or “property damage” resulting from the use of reasonable force to protect persons or property. Expanded Fire Legal Liability At 2. Exclusions the last paragraph is deleted and replaced by the following: Exclusions c.through n.do not apply to damage by fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of this owner. A separate limit of insurance applies to this coverage as described in SECTION III – LIMITS OF INSURANCE . 3. Non-Owned Watercraft At 2. Exclusions exclusion g. Aircraft, Auto Or Watercraft (2) (a)is deleted and replaced by the following: (a)Less than 51 feet long; 4. Property Damage – Borrowed Equipment At 2. Exclusions the following is added to paragraph (4)of exclusion j. Damage To Property : This exclusion does not apply to “property damage” to borrowed equipment while at a jobsite and while not being used to perform operations. The most we will pay for “property damage” to any one piece of borrowed equipment under this coverage is $25,000 per occurrence. The insurance afforded under this provision is excess over any valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. 5. Property Damage Liability – Elevators At 2. Exclusions the following is added to paragraphs (3), (4)and (6)of exclusion j. Damage To Property : This exclusion does not apply to “property damage” resulting from the use of elevators. However, any insurance provided for such “property damage” is excess over any valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. B.The following coverages are added: 1. COVERAGE D – VOLUNTARY PROPERTY DAMAGE COVERAGE “Property damage” to property of others caused by the insured: a.While in your possession; or b.Arising out of “your work”. Coverage applies at the request of the insured, whether or not the insured is legally obligated to pay. For the purposes of this Voluntary Property Damage Coverage only: Exclusion j. Damage to Property is deleted and replaced by the following: CG 72 08 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 2 of 14 2. CG 72 08 07 17 j.Damage to Property “Property damage” to: (1)Property held by the insured for servicing, repair, storage or sale at premises you own, rent, lease, operate or use; (2)Property transported by or damage caused by any “automobile”, “watercraft” or “aircraft” you own, hire or lease; (3)Property you own, rent, lease, borrow or use. The amount we will pay is limited as described below in SECTION III – LIMITS OF INSURANCE . For the purposes of this Voluntary Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for each coverage, and we are granted sole discretion in making payments under this coverage. 2. COVERAGE E – CARE, CUSTODY AND CONTROL PROPERTY DAMAGE COVERAGE For the purpose of this Care, Custody and Control Property Damage Coverage only: a.Item (4)of Exclusion j.does not apply. The amount we will pay is limited as described below in SECTION III – LIMITS OF INSURANCE . For the purposes of this Care, Custody and Control Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for each coverage, and we are granted sole discretion in making payments under this coverage. 3. COVERAGE F – ELECTRONIC DATA LIABILITY COVERAGE For the purposes of this Electronic Data Liability Coverage only: a.Exclusion p.of Coverage A – Bodily Injury And Property Damage Liability in Section I – Coverages is replaced by the following: 2.Exclusions This insurance does not apply to: p.Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate “electronic data” that does not result from physical injury to tangible property. However, this exclusion does not apply to liability for damages because of “bodily injury”. b. “Property Damage”means: (1)Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or (2)Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the “occurrence” that caused it; or (3)Loss of, loss of use of, damage to, corruption of, inability to access or inability to properly manipulate “electronic data”, resulting from physical injury to tangible property. All such loss of “electronic data” shall be deemed to occur at the time of the “occurrence” that caused it. For the purposes of this Electronic Data Liability Coverage , “electronic data” is not tangible property. The amount we will pay is limited as described below in SECTION III – LIMITS OF INSURANCE . 4. COVERAGE G – PRODUCT RECALL EXPENSE a.Insuring Agreement (1)We will pay 90% of "product recall expense" you incur as a result of a "product recall" you initiate during the coverage period. (2)We will only pay for "product recall expense" arising out of "your products" which have been physically relinquished to others. The amount we will pay is limited as described below in SECTION III – LIMITS OF INSURANCE . CG 72 08 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 3 of 14 CG 72 08 07 17 b. Exclusions This insurance does not apply to "product recall expense" arising out of: (1)Any fact, circumstance or situation which existed at the inception date of the policy and which you were aware of, or could reasonably have foreseen that would have resulted in a "product recall". (2)Deterioration, decomposition or transformation of a chemical nature, except if caused by an error in the manufacture, design, processing, storage, or transportation of "your product". (3)The withdrawal of similar products or batches that are not defective, when a defect in another product or batch has been found. (4)Acts, errors or omissions of any of your employees, done with prior knowledge of any of your officers or directors. (5)Inherent vice, meaning a natural condition of property that causes it to deteriorate or become damaged. (6)“Bodily Injury” or “Property Damage”. (7)Failure of “your product” to accomplish its intended purpose, including any breach of warranty of fitness, quality, efficacy or efficiency, whether written or implied. (8)Loss of reputation, customer faith or approval, or any costs incurred to regain customer market, or any other consequential damages. (9)Legal fees or expenses. (10)Damages claimed for any loss, cost or expense incurred by you or others for the loss of use of “your product”. (11)“Product recall expense” arising from the “product recall” of any of “your products” for which coverage is excluded by endorsement. (12)Any “product recall” initiated due to the expiration of the designated shelf life of “your product”. 5. COVERAGE H – WATER DAMAGE LEGAL LIABILITY The Insurance provided under Coverage H (Section I) applies to “property damage” arising out of water damage to premises that are both rented to and occupied by you. The Limit under this coverage shall not be in addition to the Damage To Premises Rented To You Limit. The amount we will pay is limited as described below in SECTION III – LIMITS OF INSURANCE . 6. COVERAGE I – DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED (WRAP-UP) INSURANCE PROGRAM The following exclusion is added to Paragraph 2. Exclusions of SECTION I – COVERAGES COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY: r.This insurance does not apply to “bodily injury” or “property damage” arising out of either your ongoing operations or operations included within the “products-completed operations hazard” for any “consolidated (Wrap-up) insurance program” which has been provided by the prime contractor/project manager or owner of the construction project in which you are involved. This exclusion applies whether or not a consolidated (Wrap-up) insurance program: a.Provides coverage identical to that provided by this Coverage Part; or b.Has limits adequate to cover all claims. This exclusion does not apply if a “consolidated (Wrap-up) insurance program” covering your operations has been cancelled, non-renewed or otherwise no longer applies for reasons other than exhaustion of all available limits, whether such limits are available on a primary, excess or on any other basis. You must advise us of such cancellation, nonrenewal or termination as soon as practicable. For purposes of this exclusion a “consolidated (wrap-up) insurance program” is a program providing insurance coverage to all parties for exposures involved with a particular (typically major) construction project. CG 72 01 08 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 4 of 14 CG 72 08 07 17 C. SUPPLEMENTARY PAYMENTS – COVERAGES A AND B is amended: 1.To read SUPPLEMENTARY PAYMENTS 2.Bail Bonds Item 1.b.is amended as follows: b.Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 3. Loss of Earnings Item 1.d.is amended as follows: d.All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or “suit”, including actual loss of earnings up to $500 a day because of time off from work. 4.The following language is added to Item 1. However, we shall have none of the duties set forth above when this insurance applies only for Voluntary Property Damage Coverage and/or Care, Custody or Control Property Damage Coverage and we have paid the Limit of Liability or the Aggregate Limit for these coverages. SECTION II – WHO IS AN INSURED A.The following change is made: Extended Reporting Requirements Item 3.a.is deleted and replaced by the following : a.Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. B.The following provisions are added: BROAD FORM NAMED INSURED Item 1.f.is added as follows: f.Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period only if there is no other similar insurance available to that entity. However: (1)Coverage A does not apply to “bodily injury” or “property damage” that occurred before you acquired more than 50 percent of the voting stock; and (2)Coverage B does not apply to “personal and advertising injury” arising out of an offense committed before you acquired more than 50 percent of the voting stock. 5. Additional Insured – Owners, Lessees or Contractors-Automatic Status When Required in Construction or Service Agreement With You – Including Upstream Parties a.Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; b.Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph a.above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" which may be imputed to that person or organization directly arising out of: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured: CG 72 08 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 5 of 14 4. 1.Only applies to the extent permitted by law; and CG 72 08 07 17 2.Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. c.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1."Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a.The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b.Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. 2."Bodily injury" or "property damage" occurring after: a.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 6. Additional Insured – Products Completed Operations Coverage – Including Upstream Parties a.Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; and b.Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph a.above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" which may be imputed to that person or organization directly arising out of “your work” specified in the “written contract” and included in the "products-completed operations hazard". However: (1)The insurance afforded to such additional insureds only applies to the extent permitted by law; (2)If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. (3)Such coverage will not apply subsequent to the first to occur of the following: i.The expiration of the period of time required by the “written contract”; or ii.The expiration of any applicable statute of limitations or statute of repose with respect to claims arising out of “your work”. c.With respect to the insurance afforded to any additional insured under this endorsement, the following additional exclusionary language shall apply: This insurance does not apply to “bodily injury” or “property damage” arising out of the rendering of, or the failure to render, any professional architecture, engineering or surveying services, including: (1)The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2)Supervisory, inspection, architectural or engineering activities. CG 72 08 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 6 of 14 CG 72 08 07 17 7. Additional Insured – Vendors a.Any person(s) or organization(s) (referred to throughout this additional coverage as vendor), but only with respect to "bodily injury" or "property damage", which may be imputed to that person(s) or organization(s) arising out of “your products” shown with the Schedule which are distributed or sold in the regular course of the vendor's business is an insured. However: (1)The insurance afforded to such vendor only applies to the extent permitted by law; and (2)If coverage provided to the vendor is required by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. b.With respect to the insurance afforded to these vendors, the following additional exclusions apply: (1)This insurance afforded the vendor does not apply to: (a)“Bodily injury” or “property damage” for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b)Any express warranty unauthorized by you; (c)Any physical or chemical change in the product made intentionally by the vendor; (d)Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container. (e)Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of products. (f)Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product. (g)Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. (h)"Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: i.The exceptions contained in Sub-paragraphs d.or f.; or ii.Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2)This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 8. Additional Insured – Lessor of Leased Equipment – Automatic Status When Required in Lease Agreement With You a.Any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to your liability for "bodily injury", "property damage" or "personal and advertising injury" directly arising out of the maintenance, operation or use of equipment leased to you, which may be imputed to such person or organization as the lessor of equipment. However, the insurance afforded to such additional insured: (1)Only applies to the extent permitted by law; and (2)Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 72 08 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 7 of 14 CG 72 08 07 17 A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. b.With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 9. Additional Insured – Managers or Lessors of Premises a.Any person(s) or organization(s), but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1)Any "occurrence" which takes place after you cease to be a tenant in that premises. (2)Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) shown in the Schedule. However: (1)The insurance afforded to such additional insured only applies to the extent permitted by law; and (2)If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 10. Additional Insured – Engineers, Architects or Surveyors Not Engaged by the Named Insured a.Any architects, engineers or surveyors who are not engaged by you are insureds, but only with respect to liability for "bodily injury" or "property damage" or “personal and advertising injury" which may be imputed to that architect, engineer or surveyor arising out of: (1)Your acts or omissions; or (2)Your acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed by you or on your behalf. But only if such architects, engineers or surveyors, while not engaged by you, are contractually required to be added as an additional insured to your policy. However, the insurance afforded to such additional insured: (1)Only applies to the extent permitted by law; and (2)Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b.With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services, including: (1)The preparing, approving, or failing to prepare or approve, maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2)Supervisory, inspection or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the “bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services. 11. Additional Insured – State or Governmental Agency or Subdivision or Political Subdivision – Permits or Authorizations Any state or governmental agency or subdivision or political subdivision is an insured, subject to the following provisions: CG 72 08 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 8 of 14 CG 72 08 07 17 a.This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: (1)The insurance afforded to such additional insured only applies to the extent permitted by law; and (2)If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b.This insurance does not apply to: (1)"Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (2)"Bodily injury" or "property damage" included within the "products-completed operations hazard". 12. Additional Insured Consolidated Insurance Program (Wrap-Up) Off-Premises Operations Only – Owners, Lessees or Contractors a.Any persons or organizations for whom you are performing operations, for which you have elected to seek coverage under a Consolidated Insurance Program, when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy as an insured. Such person or organization is an additional insured only with respect to your liability which may be imputed to that person or organization directly arising out of your ongoing operations performed for that person or organization at a premises other than any project or location that is designated as covered under a Consolidated Insurance Program. A person’s or organization’s status as an insured under this endorsement ends when your operations for that insured are completed. b.With respect to the insurance afforded to these additional insureds, the following additional exclusion applies. This insurance does not apply to: “Bodily injury”, “property damage”, or “personal and advertising injury” arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (1)The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2)Supervisory, inspection, architectural or engineering activities. 13. Additional Insured – Employee Injury to Another Employee With respect to your “employees” who occupy positions which are supervisory in nature: Paragraph 2.a.(1)of SECTION II – WHO IS AN INSURED is amended to read: a.“Bodily injury” or “personal and advertising injury”: (1)To you, to your partners or members (if you are a partnership or joint venture), or to your members (if you are a limited liability company); (2)For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph (1)(a)above; or (3)Arising out of his or her providing or failing to provide professional healthcare services. Paragraph 3.a.is deleted. For the purpose of this Item 12 only, a position is deemed to be supervisory in nature if that person performs principle work which is substantially different from that of his or her subordinates and has authority to hire, direct, discipline or discharge. CG 72 08 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 9 of 14 CG 72 08 07 17 SECTION III – LIMITS OF INSURANCE A. The following Items are deleted and replaced by the following: 2.The General Aggregate Limit is the most we will pay for the sum of: a.Medical expenses under Coverage C; b.Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; and c.Damages under Coverage B; and d.Damages under Coverage H. 3.The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard" and Coverage G . 6.Subject to 5.above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning or sprinkler leakage while rented to you or temporarily occupied by you with permission of the owner. B.The following are added: 8.Subject to Paragraph 5.of SECTION III – LIMITS OF INSURANCE $25,000 is the most we will pay under Coverage H for Water Damage Legal Liability. 9. Coverage G – Product Recall Expense Aggregate Limit $50,000 Each Product Recall Limit $25,000 a.The Aggregate Limit shown above is the most we will pay for the sum of all "product recall expense" you incur as a result of all "product recalls" you initiate during the endorsement period. b.The Each Product Recall Limit shown above is the most we will pay, subject to the Aggregate and $1,000 deductible, for "product recall expense" you incur for any one "product recall” you initiate during the endorsement period. We will only pay for the amount of Product Recall Expenses which are in excess of the deductible amount. The deductible applies separately to each Product Recall. The limits of insurance will not be reduced by the amount of this deductible. We may, or will if required by law, pay all or any part of any deductible amount. Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. Aggregate Limits of Insurance (Per Location) The General Aggregate Limit applies separately to each of your "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 11. Aggregate Limits of Insurance (Per Project) The General Aggregate Limit applies separately to each of your projects away from premises owned by or rented to you. CG 72 08 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 10 of 14 10. CG 72 08 07 17 12.With respects to the insurance afforded to additional insureds afforded coverage by items 5 through 13 of SECTION II – WHO IS AN INSURED above, the following is added: The most we will pay on behalf of the additional insured is the amount of insurance: a.Required by the contract or agreement; b.Available under the applicable Limits of Insurance shown in the Declarations; Whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 13.Subject to 5.of SECTION III – LIMITS OF INSURANCE , a $5,000 "occurrence" limit and a $10,000 "aggregate" limit is the most we will pay under Coverage A for damages because of "property damage" covered under Coverage D – Voluntary Property Damage Coverage . For the purposes of this Voluntary Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for each coverage, and we are granted sole discretion in making payments under this coverage. 14.Subject to 5.of SECTION III – LIMITS OF INSURANCE , a $25,000 "occurrence" limit and a $100,000 "aggregate" limit is the most we will pay under Coverage E – Care, Custody and Control Coverage regardless of the number of: a.Insureds; b.Claims made or "suits" brought; or c.Persons or organizations making claims or bringing "suits". Deductible - Our obligation to pay damages on your behalf applies only to the amount of damages in excess of $500. This deductible applies to all damages because of "property damage" as the result of any one "occurrence" regardless of the number of persons or organizations who sustain damages because of that "occurrence". We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. As respects this coverage "Aggregate" is the maximum amount we will pay for all covered "occurrences" during one policy period. For the purposes of this Care, Custody and Control Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for each coverage, and we are granted sole discretion in making payments under this coverage. 15.Subject to 5.of SECTION III – LIMITS OF INSURANCE , the most we will pay for “property damage” under Coverage F – Electronic Data Liability Coverage for loss of “electronic data” is $50,000 without regard to the number of “occurrences”. SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS A.The following conditions are amended: 1. Knowledge of Occurrence a.Condition 2.,Items a.and b. are deleted and replaced by the following: (1)Duties In The Event Of Occurrence, Offense, Claim Or Suit (a)You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. Knowledge of an "occurrence" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. To the extent possible, notice should include: i.How, when and where the "occurrence" took place; ii.The names and addresses of any injured persons and witnesses, and iii.The nature and location of any injury or damage arising out of the "occurrence" or offense. CG 72 08 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 11 of 14 CG 72 08 07 17 (b)If a claim is made or "suit" is brought against any insured, you must: i.Immediately record the specifics of the claim or "suit" and the date received; and ii.Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. Knowledge of a claim or "suit" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. 2.Where Broad Form Named Insured is added in SECTION II – WHO IS AN INSURED of this endorsement, Condition 4. Other Insurance b. Excess Insurance (1).(a)is replaced by the following: (a)Any of the other insurance, whether primary, excess, contingent or on any other basis, that is available to an insured solely by reason of ownership by you of more than 50 percent of the voting stock, and not withstanding any other language in any other policy. This provision does not apply to a policy written to apply specifically in excess of this policy. B.The following are added: 1.Condition (5) of 2.c. (5)Upon our request, replace or repair the property covered under Voluntary Property Damage Coverage at your actual cost, excluding profit or overhead. 10. Blanket Waiver Of Subrogation We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: premises owned or occupied by or rented or loaned to you, ongoing operations performed by you or on your behalf, done under a contract with that person or organization, “your work”, or “your products”. We waive this right where you have agreed to do so as part of a written contract, executed by you before the “bodily injury” or “property damage” occurs or the “personal injury” or “advertising injury” offense is committed. 11. Liberalization If a revision to this Coverage Part, which would provide more coverage with no additional premium becomes effective during the policy period in the state designated for the first Named Insured shown in the Declarations, your policy will automatically provide this additional coverage on the effective date of the revision. 12. Unintentional Failure to Disclose All Hazards Based on our reliance on your representations as to existing hazards, if you unintentionally should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. 13.The following conditions are added in regard to Coverage G – Product Recall Expense In event of a "product recall", you must a.See to it that we are notified as soon as practicable of a "product recall". To the extent possible, notice should include how, when and where the "product recall" took place and estimated "product recall expense". b.Take all reasonable steps to minimize "product recall expense". This will not increase the limits of insurance. c.If requested, permit us to question you under oath at such times as may be reasonably required about any matter relating to this insurance or your claim, including your books and records. Your answers must be signed. d.Permit us to inspect and obtain other information proving the loss. You must send us a signed, sworn statement of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. e.Cooperate with us in the investigation or settlement of any claim. f.Assist us upon our request, in the enforcement of any rights against any person or organization which may be liable to you because of loss to which this insurance applies. CG 72 08 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 12 of 14 CG 72 08 07 17 g.Claims Handling (1)Within 15 days after we receive written notice of claim, we will: (a)Acknowledge receipt of the claim. If we do not acknowledge receipt of the claim in writing, we will keep a record of the date, method and content of the acknowledgment; (b)Begin any investigation of the claim; and (c)Request a signed, sworn proof of loss, specify the information you must provide and supply you with the necessary forms. We may request more information at a later date, if during the investigation of the claim such additional information is necessary. (2)We will notify you in writing as to whether: (a)The claim or part of the claim will be paid; (b)The claim or part of the claim has been denied, and inform you of the reasons for denial; (c)More information is necessary; or (d)We need additional time to reach a decision. If we need additional time, we will inform you of the reasons for such need. (3)We will provide notification, as described in (2)(a)through (2)(d)above, within: (a)15 business days after we receive the signed, sworn proof of loss and all information we requested; or (b)30 days after we receive the signed, sworn proof of loss and all information we requested, if we have reason to believe the loss resulted from arson. If we have notified you that we need additional time to reach a decision, we must then either approve or deny the claim within 45 days of such notice. h.We will pay for covered loss or damage within 5 business days after: (1)We have notified you that payment of the claim or part of the claim will be made and have reached agreement with you on the amount of loss; or (2)An appraisal award has been made. However, if payment of the claim or part of the claim is conditioned on your compliance with any of the terms of this policy, we will make payment within 5 business days after the date you have complied with such terms. i. Catastrophe Claims If a claim results from a weather related catastrophe or a major natural disaster, the claim handling and claim payment deadlines described in a.and b.above are extended for an additional 15 days. Catastrophe or Major Natural Disaster means a weather related event which is: (1)Declared a disaster under the Texas Disaster Act of 1975; or (2)Determined to be a catastrophe by the State Board of Insurance. j.The term "business day", as used in this endorsement, means a day other than Saturday, Sunday or a holiday recognized by the state of Texas. k.We will issue loss payment to the first Named Insured shown in the Declarations and any mortgagee or loss payee as designated. 14. Limited Railroad Contractual Liability The following conditions are applicable only to coverage afforded by reason of the redefining of an “insured contract"in the DEFINITIONS section of this endorsement: a.Railroad Protective Liability coverage provided by ISO form CG 0035 with minimum limits of $2,000,000 per occurrence and a $6,000,000 general aggregate limit must be in place for the entire duration of any project. b.Any amendment to the Other Insurance condition of form CG 0035 alters the primacy of the coverage or which impairs our right to contribution will rescind any coverage afforded by the redefined “insured contract” language. c.For the purposes of the Other Insurance condition of form CG 0035 you, the named insured, will be deemed to be the designated contractor. CG 72 08 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 13 of 14 CG 72 08 07 17 B.Item 3. “bodily injury”is deleted and replaced with the following: 3.“bodily injury” means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease. C.Item 9. “Insured Contract” c.is deleted and replaced with the following: c.Any easement or license agreement; D.Item 9. “Insured Contract” f.(1)is deleted. E.The following definitions are added for this endorsement only: 23. “Electronic data"means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tape drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 24. "Product recall"means a withdrawal or removal from the market of "your product" based on the determination by you or any regulatory or governmental agency that: a.The use or consumption of "your product" has caused or will cause actual or alleged "bodily injury" or "property damage"; and b.Such determination requires you to recover possession or control of "your product" from any distributor, purchaser or user, to repair or replace "your product", but only if "your product" is unfit for use or consumption, or is hazardous as a result of: (1)An error or omission by an insured in the design, manufacturing, processing, labeling, storage, or transportation of "your product"; or (2)Actual or alleged intentional, malicious or wrongful alteration or contamination of "your product" by someone other than you. 25. "Product recall expense"means reasonable and necessary expenses for: a.Telephone, radio and television communication and printed advertisements, including stationery, envelopes and postage. b.Transporting recalled products from any purchaser, distributor or user, to locations designated by you. c.Remuneration paid to your employees for overtime, as well as remuneration paid to additional employees or independent contractors you hire. d.Transportation and accommodation expense incurred by your employees. e.Rental expense incurred for temporary locations used to store recalled products. f.Expense incurred to properly dispose of recalled products, including packaging that cannot be reused. g.Transportation expenses incurred to replace recalled products. h.Repairing, redistributing or replacing covered recalled products with like products or substitutes, not to exceed your original cost of manufacturing, processing, acquisition and/or distribution. These expenses must be incurred as a result of a "product recall". CG 72 08 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 14 of 14 SECTION V – DEFINITIONS A.At item 12. Mobile Equipment the wording at f.(1)is deleted and replaced by the following: f.Equipment designed primarily for: (a)Snow removal; (b)Road maintenance, but not construction or resurfacing; or (c)Street cleaning; except for such vehicles that have a gross vehicle weight less than 1,000 lbs which are not designed for highway use. (1) VENDOR AGREEMENT NAME 16133 CURTCO DESCRIPTION CRACK & JOINT SEALING SERVICE VENDOR NUMBER 18477 AGREEMENT TYPE SERVICE PO NUMBER/CONTRACT 282 LINE DESCRIPTION 1 DESCRIPTION 2 COST UOM 1 CRACK SEALING SERVICES MUST CHANGE ACCT DISTRIBUTION 0.38 $ LF 2 JOINT SEALING SERVICES MUST CHANGE ACCT DISTRIBUTION 1.15$ LF VENDOR AGREEMENT PRICE DETAILS Grand Prairie City - Contract Cover Sheet Page 1 of 1 Ip 6533 Department: Purchasing for Streets Vendor Name: Curtco, Inc. Project Name: 16133 Joint & Crack Sealing Srv - Curtco - initial contract Work Order Number(s): Account Number: 400192-01606603-63030 Contract Amount:Implementation Date:Termination Date:City Council Appr. Date: 500,700.00 9/ 7/2016 8/31/2017 9/ 6/2016 Insurer A Name:Insurer A Expiration: United Fire Lloyds 1/ 1/2017 Insurer B Name:Insurer B Expiration: Texas Mutual Ins 1/ 1/2017 Insurer C Name:Insurer C Expiration: Insurer D Name:Insurer D Expiration: Insurer E Name:Insurer E Expiration:n, , T)" Return Executed Copy To: purchasing interoffice mail Department Manager Signature:Date: V ,c,..t.—J la- City Attorn Signature:Date: City Manager/Deputy City Manager Signature:Date: 3 City Secretar Signature:D e: l / httr•//ravinafanc/C" .PTX/(`M(l/(`nntrart(''nvPrChPPt/WPhTTT/Print acrix TT=hS 9/9/.(11 CONTRACT for SERVICES PRICE AGREEMENT crrY o GRaND p TRTF STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF; DALLAS THIS CONTRA,CT is made and entered into this date by and between tle CITY OF GRAND PRAIR,IE, a Texas municipal corporation (hereinafter referred to as the "CITY"), and CURTCO, 1NC, (hereinaf}er referred to as "VENDOR"j and evidences the following: I. PURPOSE E VENDOR sha71 provide joint and crack sealing services per bid award resulting from VENDOR'S response to RFB #16133, submitted by Curtis Wheatcraft, on August 17, 2016. r II. DESCRIPTION OF SERVICES The services hich VENDOR shall provide for the CTI'Y shall include the following: I A. VENDOR' hereby covenants and agrees that VENDOR is to work closely with the CITY's Public yVorks Director or their designee, and/ar other appropriate officials of the CITY, and that VENDOR is to perform any and all tasks required of VENDOR to fulfill the purposes of this Coritract. B. VENDOR and the CITY covenant and agree that VENDOR shall perfo all of the services and work contained in CITY speci£'icarions and VENDOR'S bid to the CITY (attached hereto s "Exhibit A"); said document being part of this Contract and incorporated in its entirety yherein. The parties agree that should there be any conflict between the terms of the incorpo ated document and this Contract, the provisions of this Contract shall contral. The parties understand that quantity of services to be furnished to the City is an estimate and that the City; may order mare or less depending on the projects and the wark of the City that requires` the services. The price of the services shali remain constant throughout the tezm ofcontract'i C. VEND R expressly covenants and agrees to provide the CITY with such written reports or documentarion of guaranties as may be required by the scope of the submi#tal. III. PERFORMANCE OF WORK VENDOR or VENDOR'S associates and employees shall pezform all the work called for in this Contract. V'EITDOR hereby covenants and agrees that all of VENDOR'S associates and employees who work on tis project shall be fully qualified to undertake same and competent to do the work described in is Confiract, and the services performed shall be performed in a good and workmanlike nmaazner; and that the finished product shall be fit for the particular use(s) contemplated by this agreemnt.' i CONTRACT FOft Jint Crack Sealing PRICE AGREEMENT RFB #16125 Pag 1 ef 6 i , j IV. PAYMENT The CITY shal pay to VENDOR a sum not to exceefl those unit prices, ar percentage discount from list price where applicable in the submittal for the purchase of services designated herein and in no event shall totl payments under the base contract exceed a500,700A0 without additianal appzoval. Invoice must re iielivered ta the attention af the deparkment placing the order. Payments will be made as work is completed and certification by the City that the work is performed in a good and workmantike anner within 30 day of certification or receipt of invoice, whichever is later. Payment will , e made by mean of a City issued check, an ACH, or with a Ciry issued Procurement Card (Masterc rd). I V. TERM OF THE CONTRACT k , This Contract is for an initial term of one year with the option to renew far fotur additional one year periods. .T'his Contract is effective as of September 7, 2016. No new orders shall be accepted, agai st':this Contract term, after midni;ht on August 31, 2017. Contract shall terminate upan complet on of all requirements for orders placed by said date, unless the parties mutually agree in writi ig to extend the term of the Contract through allowable renewal option, or, unless otherwise terminated as provided in Paragraph XVI herein. The parties shall evidence the renewal in wrting, with any additional terms set out in the said writin. VI. CClNTRACT ASSIGNMENT VENDOR anc the CITY hereby covenant and agree that this Contract provides for services and that these services are not to be assigned or sublet zn whole or part without the prior written consent af the TTY. VII. CONFLICT OF INTEREST j; ' VENDOR he by covenants and agrees that during the Contract period that VENDOR and any af VENDOR'S associates and employees will have na interest nor acqnire any interest, either direct or indirect, which will conflict in any manner with the perfortnance of the services called for under this Coniract. All activities, investigations and other efforts made by VENDOR pursuant to this Contract will be conducted by employees or associates of VENDOR. VENDOR further covenants and agrees that it understands that tle Code af Ordinances a£the City of Grand Prairie prohibits any officer or employee of the CTTY from haang any financial interest, either direct or indirect, in any business transaction with the CITY. Any violation of this paragraph which occtured with the actual or constructive ]rnowtedge of VENDOR will render this Contract voidable by the CITY. VIII. CHANGE IN WORK The CITY, through its Purchasing Manager or their designee, may request changes in the scope and focus of the activities and duties called for under this Contract, Any such change which in fhe opinion of VENDOR ar the CITY varies significantly from the scope and focus af the work set out herein or entails a significant increase in cost or expense to VENDOR must be mutually agreed upon by VENDOR and the CITY. The partzes herein aclrnowledge that any change in the scope or focus af the work which results in the increase in compensation to VENDOR of the fee stated in Paragraph IV hereof rnust first be approved by the CITY's Purchasing Manager, City Manager or City Council, where applicable. CONTRACT FOR Joint & Grack Sealing PRICE AGREEMENT RFB #1 fi125 Page 2 of 6 IX. CONFIDENTIA.L WORK Any reports, designs, plan, information, project evaluations, data or any other documentation given to or prepared or assembled by VENDOR under this Contract shall be kept confidential and may not be made available to a.ny individual ar organization by VENDOR without the priar written approval of the CTTY except as may be required by law. X. OWNERSHIP OF DOCUMENTS VENDOR acknowledges that CITY owns all notes, reports, or other documer ts, intellectual property or documentation produced by the vendor pursuant to this agreement or in connecton with its work which are not otherwise public records. VENDOR acknowledges that CITY shall have copyright privi3,eges to those notes, reports, documents, processes and information. VENDOR shall provide CITY a copy of a11 such notes, reports, documents, and information (except to the extent that they contain conf"idential information about third parties) at CITY expense upon written request: XI. NONDISCRIMINATI N As a condition of this Contract, VENDOR covenants and agrees that VENDOR shall take all necessary actions to insure, in connection with any work under this Contract, that VENDOR or VENDOR'S associates, sub-vendors, or employees, will not discriminate in the treatment or employment of any individual or groups of individuals on the ounds of race, color, religion, national origin; age, sex, or physical handicap unrelated to job pez'ormance, either directly or indirectly or through contractual or other arrangements. In this regard, VENDOR shall keep, retai.n and safeguard all records relatzng to this Contract for work performed hereunder for a minimunn period of three (3) years from final cantract completion, with full access allowed to authorized representatives of the CITY upon request, for purposes of evaluating compliance with this and other provisions of the Contract. XII. INDEPENDENT VENDOR By the execution of this Contract, the CITY and VENDOR do not change the independent vendar status of VENDOR. No term or provision of this Contract or any act of VENDOR in the per ormance of this Contract may be construed as making VENDOR the agent or representative of the CITY. All employees , of VENDOR shall perform their duties under the supervision of VENDOR, which sha11 have the exclusive right to dictate to the VENDOR'S employees how to perform their tasks. VENDOR agrees and covenants that each of its employees will be properly qualified and will use; reasonable care in the performance of the assigned duties. VENDOR shall post all applicable warning signs if such work will diszupt nortnal traffic or warkplace activities. CONTRACT FOR Joint 8 Crack Sealing PRICE AGREEMENT — RFB #16125 Page 3 of 6 XIII. 1'ARRANTY, IOLD HARMLESS, AND INDEMNITY VENDOR warrants that the services it performs for CI'TY will be done in a good and workmanlike manner, and that any itezns delivered to the CITY under tlais contract will be fit for the particular purpose for which it was furnished. VENDOR shall defend, indemnify, and hold the CITY whole and harmless against any and all claims for damages, costs, and expenses to persons or property that may arise out of, or be occasioned by, the execution or performance of this Contract or any of VENDOR'S activities or any act of commission or omission related to this Contract of any representative, agent, customer, employee, sub-vendor or invitee of VENDOR or any representative,, agent, employee, or servant of the CITY. If an item is covered by a manufacturer's warranty, it is the responsibility of the VENDOR to obtain the information for CTI'Y and ta get the manufacturer to honor the warranty. XIV. INSURANCE Prior to the commencement of work under this Contract, VENDOR shall obtain and shail continue ta maintain in full farce and effect duning the term of this Contract a comprehensive liability insurance palicy, with a company licensed to do business in the State of Texas and rated not less than "A" zn the current Best Key Rating Guide, which shall include bodily injury, deatl, automobile liability and praperty damage coverage, in accordance with any CTTY ordinance or Directive. The minimum limits for this coverage shall be $1,000,000A0 combined single limit for liability and for property damage, unless modified in accordanee with any ordinance or directive. The CITY shall be named as an additional insured under such policy and a provision shall be incorparated in the policy whereby the CITY shall be given at least thirty days prior notice of any material ehange in coverage or of cancellation of such policy. XV. NO VERBAL AGREEMENT This Contraet contains the entire commitments and agreements of the parties to the Contract. Any verbal or written commitment not contained in this Contract or expressly referred to in this Contract and incorporated by reference shall have no force or effect. XVI. TERMINATION The CTTY may, at its option and withaut prejudice to any other rernedy to which it may be entitled at law or in equity, terminate further work under this Contract, in whole or in part, by giving at least thirty (30) days prior written notice thereof to VENDOR with the understanding that all services being terminated slall cease upon the date specified in such notice. The CITY shall equitably com.pensate VENDOR, in accordance with the terms of this Contract for the services properly perfozmed prior to the date specified in such notice following inspection and acceptance of same by the CI'I'Y. VENDOR shall not, however, be entitled to lost or anticipated profits should the CTTY choase to exercise its option to terminate. XVII. VENUE The parCies to 'this Contract agree and covenant that this Contract will be perfortnable in Grand Prairie, Texas, and that if legal action is necessary to enforce this Contract, exclusive venue will lie in Dallas County, Texas. CONTRACT FOR Joint & Crack Sealing PRICE AGREEMENT RFB #46125 Page 4 of 6 XVIII. APPLICABLE LAWS This Contract is made subject to the existing provisions af the Chartcr of the City af Grand Prairie, its rules, regulations, procedures and ordinances, present and future, and all applicable laws of the State of Texas'and the United States. XiX C NTR.A.CT iNTERPRETATION The parties to this Cantract covenant and agree that in any litigation relating to this Contract, the terms and conditions ofthe Contract will be interpret d according to the laws of the State of Texas. XX. N4TICES All notices, communications and reports under this Contract must be mailed ar delivered to the respective parties at the addresses shown below, unless either parry is otherwise notified in writing by the other party: CITY: Angi Mize, Sri Buyer Purchasing Division 972- 237-8262 Phone 972/237-8265 F amize@gp1x. org City of Grand Prairie 326 W. Main Street, Grand Prairie, TX 75050 PO Box 534045, Grrand Prairie, TX 75053-4045 Dane Stovall Streets Division 972- 237-8526 Phone dstovali@gp.org City of Grand Prairie 1822 S. SH 161, Grand Prairie, TX 75051 VENDOR: Curtis Wheatcraft, President 830-634-3434 Phone cwheatcraft@aol.com Curtco, Inc. 6133 Hwy 27, Center Point, TX, 7$O10 XXI. SEVERABILITY In the event that any one ar more ofthe provisions contait ed in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidiry, illegality, or unenforceability shall not affect any other provision thereof and this Contract shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in the Contract. CONTRACT FOR Joint $ Crack 5ealing PRICE AGREEMENT — RFB #16125 Page 5 of 6 LXII. RIGHT OF REVIEW VENDOR covenants and agrees that the CITY, upon zeasonable notice to VENDOR, may review any of the wark performed by VENDOR under this Contract. XXIII. WAIVER OF ATTORNEYS FEES VENDOR and CITY expressly covenant and agree that in the event of any litigation arising between fihe parties to this contract, each parry shall be solely respansible for payment of its attorneys and that in no event shall either party be responsible for the other party's attomey's fees regardless of the outcome of t e litigation. YEXECUTEDthisthe , o CITY OF GR.AND PRAIRIE, TEXAS CURTCO, ING B Tom Cox, Deputy City Ma ger Printed Name°`s E.f# % f#T AT ST:Title:,'SSL".11T C E. DiMaggio, C' S retazy APPRO S TO FORM: Donal R. Postell, ity ttarney CON7RACT FOR Joint 8 Crack Sealing PRICE AGREEMENT RFB #16125 Page 6 of 6 City of Grand Prairie Bid 16133 Solicitation 16133 CRACK & JOINT SEALING SERVICE Bid Designation: Public City of Grand Prairie 8/10/2016 10:07 AM p. 1 Gity of Grand Prairie Sid 1fii33 Bid 16 133 CRACK & JINT SEALIN SERVICE Bid Nurr er 16133 Bid Titie CRACK 8 JOINT 3FJIUNG SERVICE 8id Start C1ate Aug 10, 201611:06:b6 AM CDT Bid End Date Aug 22, 2016 2:00:00 PM CDT Quesiion 8 Au 17, 2d16 d:3Q:00 PM CDTAnswerEndDate Bid Gontact A i Mize Buyer Purchaaing 872 237-262 amize ptx.org Contract Duration 1 yeaw CoMract Renewai d annual na»awals Prices Gaod for 120 days Bid Ct mments It is the intent ot this specificatian to obtain annual price a±ment fior the purc.hass M aradc m d joint sealing ssrtiricea Mr the City of rand Praide Street Division. These services sha8 include but not linitad ta cleania, prepping and sealin of jaiots and/a cracks on bolh asphalt and wncrebe streets. This contrt wili iae n at ar after 5epbernber 6, 2016. lnformaticn, qussticns or clarifica6on aancerning tha int nt of this RF8 shauid be in wri6ng and addrassad to l\npi M', Sr. B ryer at smi egpbt.org / 972•237 •8262 Registration for BidSync is hae tor notifiaatian of bida, addendums, and oaser informa6an. if yaur car tipany wts tte canvenience to downlaad the bid documents Uran BidSync's website or fa bid an •li fh rgh BidSyna, BidSync olters Ueae services, tor bids postad by ife City of Grnd Prafris, fot an annual fee oi 36G.Q0. This is nat a tee char ad by the City, nor doea the City receive any part ai fhis fee. If your aampany re sbers underr the cotnplirr enty reyistration and apts out at the adt6tionai pd services fram BidSync, ycw may artl a request to fhe responsible Buyer for a copy ot the bid docuts and submit a hd copy bid cNroctly ta Ne Purch ing ai6ce. Ibem Response Fwm Item 16133-01-01 Cr k Sealing Sarvice, Attachment A, Bid Sheet Quarrtity 8t10Q001ins foat Unit Pr e tl Y t'f' 1 Delivery Lacation CityrotGrand Prairie No LacaGon Sc ified Qty 9pOQ00 Dascription Crack Sealing Servica per attached specifica6on Estimated one-year quantities are given. Estimated usage shall noi cotstitute an order, but only implies the probable quantity tfie city witl use. The Caty reserves the right to increase or decrease quantities with no increase in cost to the City. J10/20161 q:Q7 AM P. 2 i City of Grand prairie Bid 16133 item 16133-01-02 Joint Sealing Service, Attachment A, Bid Shaet Quar it 13800Q linear idoty Unit Pric S_.... _. . _.. _y 1VG"' iU1.G,i1 / T. V'iS D livery Lncation Ciiy ot Grand Pririe No Location S cified Qty 138000 Descriptlon Joint ealing Services per attached specificatinn. Estimated one•year quantities are given. Estimaiecl usage shall not caistitute an oNer, but anly impties the probable quan6ty tle cty will use. 3he C3ty reserves the right #o increase or decrease quarrtities with no increase in cost bo the City. 8/10t201610:Q7 AM P. 3 City of Grand Prairie Bid 16133 Specification R raua c, kw l sk REQUEST FOR BID RFB #16133 CRACK & JOINT SEALING SERVICE 1.PROJECT SCOPE It is the intent of this specification to obtain an annual price agreement for the purchase of crack and joint sealing services for the City of Grand Prairie Street Division. These services shall include but not limited to cleaning, prepping and sealing of joints and/or cracks on both asphalt and concrete streets. This contract will begin on or after September 6, 2016. 2.REQUIREMENTS - Services sha11 include but not limited to the following: 2. 1 Vendor shall furnish all equipment and supplies needed to seal joints or cracks in asphalt and concrete streets. All equipment and supplies used must be capable of performing all operations in accordance with the specification. 2. 2 Joint Sealing Requirements 2.2.1 All joints shall be cleaned and dry before sealing 2.2.2 All forging materials shall be removed before sealing 2. 3 Crack Sealing Requirements 2. 3.1 All cracks shall be cleaned and dry before sealing 2.3.2 Cracks that are 1/8 inch should be routed to 1 / 4 inch. 2. 3.3 A backer rod equal to Cera-Rod (Exhibit A) shall be installed in cracks that are 2 inches deep 2. 3.4 A backer rod shall be compressible, non-shrinking, non-absorbent material with a melting point higher than the temperature of the material. 2. 4 Product Information 2.4.1 Material sball be Crafco Inc. Polyflex Type 3(Exhibit B) or City approved equal. Alternate product shall be comparable to this brand. If you are submitting an equal or comparable product you must submit a sample and the specification by August 17, 2016, to be approved prior to bid opening. Please contact Manuel Alonzo, malonzo(aplx.or , for instructions. 2. 5 Traffic Control 2. 5.1 Vendor shall follow the City of Grand Prairie's Transportation Services Temporary Traffic Control Guidelines. The current version is available on the City's website: htt://www.ptx.or citv-overnment/city departments/departments g-z/trans ortation-serviceslforms . This is a moving work zone; all lanes will be opened at the end of the day. 1 8/10/2016 10:07 AM p. 4 City of Grand Prairie Bid 16133 Specification 2.6 Work Aours 2.6.1 Regular work hours are 7:00 a.m. unti14:30 p.m. Monday through Saturday. 2.6.2 Schedule shall be coordinated with Manuel Alonzo, 972- 237-8530. Manuel will provide locations to be covered. 3.PROCUREMENT SCHEDULE The projected schedule for this procurement is as follows: Activity Target Dates Release Bid iVionday, August 8, 2016 Samples Due We.dnesday, August 17, 2016 Deadline for Questions Wednesday, Aug ast 17, 201G Responses to Questions Thursc ay, Aug ast :18, 2016 Deadline for Receipt of Bids Monday, August 22, 2016 Council Date Tuesday, September 6, 2016 4. ONTACT Information, questions or clarification concerning the intent of this RFB should be in writing and addressed to Angi Mize, Sr_ Buyer at amize(a gtx.or 972-237-8262 no later than August 17, 2016, at 4:30 pm (CST). City of Grand Prairie's response to questions and requests for clarification will be posted to BidSync (www.bidsync.com) by August 18, 2Q16 at 4:30 m (CST). 5.EVALUATION CRITERIA The following evaluation criteria will be utilized in the selection of a vendor: Price 40% Reputation 30% Experience 20% Past Relationshi with the Citv and/or other Munici alities 10% TOTAL 100% 6.AGREEMENT TERMS AND AWARD The price agreement shall be for an initial period of one year with four, one year renewal options_ The price agreement shall be awarded to the vendor(s) submitting the bid(s} deemed to be in the best interest of the City. The City may award one Primary and one Secondary vendor per item/category, by portions or for the entire bid The City of Grand Prairie may award to a single vendor, multiple vendors, or use any combination that serves the best interest of the City. 2 8/10J2016 10: 07 AM p. 5 City of Grand Prairie Bid 16133 Specification 7.SUBMITTAL Interested parties should submit a11 of the following items for consideration in the order stated: 7.1 Bid Pricing (Attachment A) 7.2 Questionnaire & References (Attachment B) 7. 3 Conflict of Interest Questionnaire (Attachment C) 7. 4 Submittal Affirmation Form (Attachment D) 7. 5 OR Statement of No Response (Attachment G) Vendor must submit at least one hard copy and one electronic (flash drive or CD) copy or via www.bidsvnc.com for an annual fee of $60. Bids must be submitted no later than the response deadline of August 22, 2016 by 2:00 p.rn. to: Angi Mize, Sr. Buyer Purchasing Division 326 Main Street Grand Prairie, Texas 75050 Late responses will be unonened and not accented for consideration. The Ciiy of Grand Prairie is not responsible for lateness or failure of timely delivery via mail (whether delays are internaUexternal), e-mail, carrier, etc. Please ensure you allow time to provide your response timely so that you may be properly considered. The City reserves the right to reject any or a11 responses, to waive formalities, award a separate contract to separate vendors for each item/group, or to award one contract for the entire bid. 3 8/10/2016 10:07 AM p. 6 City of Grand Prairie Bid 16133 GUIDE SPECIFICATION FOR NON-GASSING, HEAT RESISTANT BACKER ROD: CERA-RODTM JOINT FILLER SECTION 07 91 23 — BACKER RODS BACKER ROD FOR COLD-APPLIED SEALANTS Specifier Notes: This guide specification is written according to the Construction Specifications Institute (CSI) format. The section must be carefully reviewed and edited by the architect or engineer to meet the requirements of the project. Coordinate this section with other specification sections and the drawings. Specifier Notes: CERA-ROD is a round, flexible, continuous-length, non-absorbent, non-gassing, non-staining and non-shrinking material extruded from a cross-linked polyethylene. Compression/deflection is approximately 8 psi (55.2 KPa) at 25% deflection. CERA-ROD is used in joints or large cracks in Portland cement or asphalt concrete. It provides the correct sealant reservoir configuration, controls joint depth, and prevents sealant run-out through the bottom of the joint. CERA-ROD also acts as a bond-breaker to prevent bottom-side sealant adhesion. CERA-ROD can be used with cold- or hot-applied sealants. It will not melt, shrink, evaporate, or stain. PART 1 GENERAL 1.01 SECTION INCLUDES A.Application of closed-cell foam backer rod. 1.02 RELATED SECTIONS Specifier Notes: Edit the list of related sections as required for the project. List other sections dealing with work directly related to this section. A.Section 03 00 00 - Concrete. B.Section 32.12.16 — Asphalt Paving. C.Section 32.13.13 — Concrete Paving. C.Section 32 13 73 — Concrete Paving Joint Sealants. 1.03 REFERENCES A.ASTM D 5249 Standard Specification for Backer Material for Use with Cold- and Hot-Applied Joint Sealants in Portland-Cement Concrete and Asphalt Joints 1.04 SUBMITTALS A.Comply with Section 01 33 00 - Submittal Procedures. B.Submit manufacturer's product data and application instructions. 1.05 DELIVERY, STORAGE, AND HANDLING A.Deliver materials to site in manufacturer's original, unopened containers and packaging, with labels clearly identifying product name and manufacturer. B.Store materials in a clean, dry area in accordance with manufacturer's instructions. Project Name 1/28/ 2016 07 91 23-1 Backer Rods 8l10/2016 10:07 AM p. 7 City of Grand Prairie Bid 16133 C.Protect materials during handling and application to prevent damage. PART 2 PRODUCTS 2.01 MANUFACTURER A.W. R. MEADOWS, INC., PO Box 338, Hampshire, Illinois 60140-0338. (800) 342-5976. 847) 683-4500. Fax (847) 683-4544. Web Site www.wrmeadows.com. 2.02 MATERIALS A.Pertormance Based Specification: backer rod joint filler shall be flexible, lightweight, non- staining, polyethylene, and closed cell. It shall be a heat-resistant, chemical-resistant, ultraviolet-stable, non-absorbent, low density, compressible foam. B.Proprietary Based Specification: CERA-ROD backer rod by W. R. MEADOWS. Specifier Notes: Specify the diameter of the backer rod based on pavement joint width. Select backer rod with diameter 1/ 8" larger than the width of the joint forjoint widths up to 3/4". Forjoints 3/ 4" and larger, add 1/ 4" to diameter rod selection. 1.Diameter: [3/ 8 inch] [1/ 2 inch] [5/ 8 inch] [7/8 inch] [1 inch] [1 %4 inch] 1% 2 inch] [2 inch] ([9.5 mm] [12.7 mm] [15.9 mm] [22.2 mm] [25.4 mm] [31.8 mm] [38.1 mm] 50.8 mm]). PART 3 EXECUTION 3.01 EXAMINATION A.Examine areas to receive backer rod. Notify architect if areas are not acceptable. Do not begin application until unacceptable conditions have been corrected. 3.02 APPLICATION A.Install backer rod in accardance with manufacturer's instructions. B.Ensure joint or opening is clean, dry, and free of obstructions. C.Select backer rod with diameter 1/ 8" larger than the width of the joint for joint widths up to 3/4". D.Forjoints 3/ 4" and larger, add 1/ 4" to diameter rod selection. E.Uniformly install backer rod with a single-wheeled or three-wheeled roller F.Seal the concrete with compatible joint sealant. 3.03 PROTECTION A.Protect pavement joint sealant from traffic until fully cured. END OF SECTION Project Name 1/28/2016 07 91 23-1 Backer Rods 8/10/2016 10: 07 AM p. 8 City of Grand Prairie Bid 16133 W. R, ME,ADt'WSa E, SAFETY DATA SHEET Page 1 of 2 SECTION 1: PRODUCT AND COMPANY IDENTIFICATION Product:CERA-RODT"" HEAT RESISTANT BACKER ROD Part Number: 4680500 Manufacturer:W R. Meadows, IIIC.Address: 3001ndustrial Drive Hampshire, Illinois 60140 Telephone:847) 214-2100 4n case of emergency, dial (80D) 424-9300 (CHEMTREC) Revision Date:9/ 9/2014 Product Use:Backer Rod SECTION 2: HAZARDS IDENTIFICATION/EXPOSURE LIMITS HMIS Health 0 Product is classified as non-hazardous per OSHA 1910.1200. Ceramar is Flammability 0 defined by OSHA as an "article," a manufactured item that is formed to a specific shape or Reactivity 0 design during manufacture that does not release or result in exposure to a hazardous Personal Protection chemical under normal use conditions. SECTION 3: HAZARDS COMPONENTS SARA Vapor Pressure LEL Chemical Name:CAS Number bV Weight 313 lmm He@20 C)24°C 1. None Under the reporting requirements of Section 313 of Title tll of the Superfund Amendments and Reauthoprization Act of 1966 (SARA) and 40 CFR Part 372, chemicals listed on the 313 List (40 CFR Part 373.65) are identified under the heading "SARA 313." SECTION 4: EMERGENCYAND FIRSTAID PROCEDURES EYE CONTACT: Flush eyes with water to remove particles SKIN CONTACT: Flush with water to remove particles. Wash affected areas with soap and water if available INHALATION: Not expected to be an exposure route. INGESTION: Not expected to be an exposure source. SECTION 5: FIRE AND EXPLOSIVES HAZARDS FLASHPOINT: Not Applicable EXTINGUISHING MEDIA: Water fog, foam, dry chemical. CHEMICAL/COMBUSTION HAZARDS: Carbon monoxide, carbon dioxide, and incomplete combustion products. PRECAUTIONS/PERSONAL PROTECTIVE EQUIPMENT: Avoid smoke inhalation. Use appropriate respiratory protection. SECTION 6: ACCIDENTAL RELEASE MEASURES SPILL OR LEAK PROCEDURES: Not appficable. Product is a solid. SECTION 7: HANDLING AND STORAGE SAFE HANDLING PROCEDURES: No special requirements. SAFE STORAGE: None. SECTION 8: EXPOSURE CONTROLS/PERSONAL PROTECTION OSHA ACGIH Chemical Name:PEL PEL/CEILING PEL STEL SKIN TLV TLV/CEILING TLV STEL SKIN 1. None ENGINEERING CONTROLS: None required under normal use conditions. PERSONAL PROTEC7IVE EQUIPMENT: None required under normal conditions of use. SECTION 9: PHYSICAL AND CHEMICAL PROPERTIES BOILING POINT: N/A VAPOR DENSITY: N/A VOLATILE BY VOLUME: N/A EVAPORATION RATE: N/A pH LEVEL: N/A VOLATILE BY WEIGHT: N/A WEIGHT PER GALLON: N/A PRODUCT APPEARANCE: Red solid VOC CONTENT: N/A SECTION 10: STABILITY/REACTIVIIY STABILITY: Stable.HAZARDOUS POLYMERIZATION: Will not occur. CONDITIONS AND MATERIALS TO AVOID: None recognized. HAZARDOUS DECOMPOSITION PRODUCTS: None reco nized. SECTION 11: TOXICOLOGICAL INFORMATION EYE CONTACT: Direct contact may cause mechanical irritation. SKIN CONTACT: Direct contact may cause slight mechanical skin irritation. INHALATION: Not anticipated to be an exposure route. INGESTION: Not anticipated to be an exposure route. SIGNS AND SYMPTOMS: Symptoms of eye irritation include tearing, reddening, and swelling. Symptoms of skin irritation include redness and swelling. Gastrointestinal irritation symptoms include nausea, vomiting, and abdominal discomfort. AGGRAVATED MEDICAL CONDITIONS: None recognized. OTHER HEALTH EFFECTS: None recognized 8/10/2016 10:07 AM p 9 City of Grand Prairie Bid 16133 SAFETY DATA SHEET Date of Preparation: 9/9/14 Page 2 of 2 4680500 SECTION 12: ECOLOGICAL INFORMATION ECOTOXICITY: N/E DEGRADABILITY: N/E BIOACCUMULATIVE POTENTIAL: N/E SOiL MOBILITY: N/E OTHER ADVERSE EFFECTS: None Recognized SECTION 13: WASTE DISPOSAL INFORMATION WASTE DISPOSAL INFORMATION: Product is classified as a non-hazardous waste. SECTION 14: TRANSPORTATION INFORMATION HAZARDOUS/NON-HAZARDOUS MATERIAL: Not regulated by DOT. UN NUMBER: None HAZARD CIASS: N/A PACKING GROUP: N/A UN PROPER SHIPPING NAME: N/A ENVIRONMENTAL HAZARDS: None recognized. BULKTRANSPORTATION INfORMATION: None. SPECIAL PRECAUTIONS: None. SECTION 15: REGULATORY INFORMATION OTHER REGULATORY CONSIDERATIONS: None recognized. SECTION 16: OTHER INFORMATION PREPARATION DATE: 9/9/2014 PREPARED BY:Dave Carey The information contained herein is based on the data available to us and is believed to be correct. However, we make no warranty, expressed orimplied regarding the accuracy of this data or the results to be obtained from the use rhereof. We assume no responsibility for injury from the use of this product described herein. 8/10/201 6 1 0:07 AM p. 10 City of Grand Prairie Bid 16133 PI ODUCT b TA SHEETINt AN EItGO11 G COM(ANY 426 N. Roosev lt Aue. Chandier AZ 852Z6 PART NO. 34521 1VIARCH 2OD9 7-80U-5Z8=8?42 • (6U2) 276-04U6 "• FAX 480) 967-0513 www.crafco:com READ BEFORE USING THI3 PRODUCT CaEN RAL Crafca PolyFiex Type 3 is a hot-applied, asphalt based productused to fill cracks and jourts in;asphalt and porCIand cemen# conciete paeznents in warm to-hot ciimates. PolyFlex Type 3 is supplid in solid forni which when srielted acd peoperIy applied forni5 a highly adhesiue and :flexible-compound that resists crackitlg in the winter 8nd resists flow and pick-up at summer temperatiures. Polyflex Type 3 is used in highway, stret, airfield and parking lot pa ements and s .pplied tb pavement r cks using either pressiue feed melter appliators or pour pots. At application temperature, PolyFlex Type 3 is a medium viseosity product whioh flows and penetrates cracks: PolyFlex T'ype 3 is formulated as an econoinical yet effective pavement maintenance crack fillei prodrct. Compared to producfis based on reclaimed rubber, Polylex Type 3 offers lowei viscosity for easier application, improved summer temperahue piek-up resistance, quicker set-up times and improved low'tempeiature flexibility. 'olyflex Type 3 has been a quality Crafco product for 20 years. Several sYafes have adopted specificafions based on the performance of Polyflex Type 3 OC 6 g11. iJSAGE Gl1;ILINS PolyFlex `ype 3 pavementtemperatureperFonnanc lim"sts High Temperature c,rade ('C) are 70.10 for orack Slling. Usage recorrunendations are shown in Grafco pavement e o sa eg ?o 6 sz tetuperaUue grade cfiarts shown at the right: Refer to Cra£'ob Proiiuct Selection Proeeduies Yo detemune seaiant or filler use and pavement [emperatuce grades;io- y a5: . 22 Suixed for Use m 28 Recommended 34 Perfurrnance LimiLS 40 NoCRaommended a 46 I Pavement Temp for Filler Usage SPECIFICATION CONFORMANCE The Crafco recommended :specificatios limits for PolyFlex Type 3 when heaied in accordance wifh A3TNT D5078 to the maicimum heating temperature are as follows: Test Recommended Snecification Cone Peaetiation (ASTM D5329)i 20-40 R siIience (ASTM D5329)30% miti. 50ftening Poinf (.4ST1V1 D36)210 (A9°C) min. DuctiliYy 77F (25C) (ASTM Dl l3) `30 cm min. Plexibility (ASTM D31 i] Nlodified)Pass at:30°F (-1 °C) Flow 140° (60 (ASZM D533;9)3 mm max Bmokfield Viscaisty, 400°F (204°C) (ASTM D2669)100`Poise max. Asphalt Compatibility (ASTM 329)I Pass Bitume i Content (ASTTv1 b4)b0%o min Tensil Adhesian (ASTM 53 9)400% min. Maacimuin Heating Temperature 400°F (204°C) Minimum Application Temperature 3$b°F (] 3°C) IN5TALI T'IOfV The unit weight of Crafco PalyElex Type 3 is 10.0 ]bs. per gailon (1:2U kglL) at 60°F (15.5°C). Prior to use, the user must read and follo`w Instailatioti Instructions fof -Ioi-Applied RoadSaver, PalyFlex, Parking Lot and Asphalt TZubtrer PioduCts to verify proper produCt selection, heating methods pavement preparation procedures, appiication :geomefiry, usage precautions and safety procedures, "hese inshvctions re provided with each pallet of product: PACKAGCNG Packaging:consists of individual baxes of are pallet'rced into shipping nnits. Boxes cantam a nan-adherent film which perrriifs exsy remov3l ofthe product ach pallet concains 72 bbxes which azestacked in six layers a' 12 boxes per layer. The weight ufproduct in eaCh btrx does not exCeed 40 Ibs. 18k) and pallet weights do naf exceed 2;880 Ibs. (] 310kg).-' Rallets of product are weighed and product is sold by the net weight af product. ProduCt.boxes:ie manflfactured fYOm doulile wall kraft board produomg a minimum bur5tmg test certification of35D psi (241 N/cm and u§ing water "re5islanYadhesiues: 'Boxes use tape closure and do not contain any staples_ BoXes are labeled with the prodoct n3me patt numbe , lot rlumber, speification conformance application temperatures and safety -ins#tvctions. Palletized units are piotected fiom the weather using a three mil thick plastic bag a weaYher and moistiire resistanf cap sheeC and a minimum of Ywo layers of six month u.v. protected stretch wrap: PalleYs ace labeled with the ptoduct part number, lot:number and net weigEst. Installation Instructions are provided tvith each paDeY in a weather resistant:enciosure. WARR 4 GRAFGO, Inc, vuarrants that GRAFCO products meet applicab(e ASTM,' AASHTO; Federal or State specifications at time of shipment. Techniquzs used for the preparation oEthe cracks and joiflts prior to sealmg or fitlmg are beyond ow aontrol as aze the use and application of the products; iherefoie, Crafco shall nat be responsib}e for improperly applied ot misused piotiucts. Remedies against Ciafco, Inc:, 35 agreefl to by CYafco, are limited to replactng ne5ncbnforming,product or refund (full or partial) of purchase price'from Crafco, Inc: All claims for breach vf this o arranty must be made within three (3) months of the-dat af use or twelve (12) months from fhe date of deiiVery by Crafco, Tnc: whichever is earl iee: There .sha[1 be no other w8tranties exprzs'se8 or implid Eor optimum pert'ormsnce, f011ow Crafco recommendafions for prodacf installation 2008 8/10/2016 10:07 AM p: 91 Gity of Grand Pralrie Bid t 6133 Questionnaire Attachment B Request for Bid Questiann ire Al questions should be answered clearly and completely. Marketing ma#erials WILL NUT be ccepted in lie of this que tionnaire. This questionnaire will assist the City in understanding your proposal and will be used in the ;valuation process and therefore it is critical that the questionnaire be completed and submitted with your proposal. General Informa.ion & References: RESPONDENT NAME AND TITLE: ,_. t'..° .T._/.5 ,. _ __ .. ,GAT._.C_ R. _ . COMPANY: ___. ADDRESS, CIT'Y, STATE ZIP: c /,__,.!... __.' ,`.E'.. .. _. ,e T'1 G7 TELEPH NE N[JMBER: .., .. l._-./-,.. 3il E-MAIL: ..._... s...._._es•. __ cr r--_......, ..- .••,o_I--d..... FEDERAL TA ID_ ----__'-..?',47<-'- Provide 3 References, please include contact narne, aency name, tide, phone number and emil of those you have provided similar services in the past three years Reference l: Narne & Title - __..'GG .._,',4T.'SLAc(._ __._S _X T `...cp • Agency Name -t.." tTZS .l. Phone - `C",l__"e .."S.`+t."` .. 'S"-'" mail - _.._..1,3.~l._.,.'7_e.,•.._.f?_..-.._.'.,- 7. cre/ Reference 2: ITatne & Tit e - ._ .'.,-' ,__?•. .__-.,_.,-'T" e v . Agency Na - ,.m.. .. ''" ..?f" /..er E'R,S,...,..,1!c Phone - '?`_"..'"'3 ..'. '.3 '7' Email - _.. ...._ _I:'_ _ ._". _t-_"_'S__ w `--°'.'s r '` az . '"t , o . R £erence 3. Name & Title - .,v.J ,c"' - 5'7'_.,..5•-+ .. v ,M _._ _'_,_---_._,_._....___._..._.._. _ Agency Name - , t _._.Q, , s il .,. l ; F Phone - ' "-'"d.-~. /5?/7 Email - _.,..? .r" !.. _ . . -',..'.._.c +..+.,!t x _J r`"ee. fi"7c' S 8/10/201 B 10:07 AM P. 12 City of Grand Prairle Bb 16133 QTVICC U8S 1QIlS: 1.How many years have you been in business? _, I_ _. ___ 2.How many years have yau been rf'ornung the type of work detailed in the specificatian? 1_ __. _. . 3.Vhat is the total value af work you currently have under contract? 4.What is the percentage of work that is self-performcd?(approximate) _°'?__. . 5.Has your firrn ever failed ta complete a contract? b.Has yaur fitm ever filed far bankruptcy? If so, when? 7.Please list any pending judgment claims or suits again your ompany and explain on an additional page. f/ 8.Have you had an OSHA fine within the past three (3) years? (If yes, you MUST submit on an additional page the circumstances of the event) , j' 9.Have yoa had any job related fatalities within the past five (5} years? (If yes, you MUST submit on an additianal page the circumstances of the event) __/'_ 10. In the event of a breakdown, where wauld your equipment be serviced? (Include name of business, address, phone number, and point of contact) rt.. vw fy .a ,ti-p..c. r , t 11. List municipaUgovemment ag ncies you have warked with, along with the contract amount, number of vears contracted. aencv contact, their email and nhone nnmber, Use separat sheet if needed. Contract - $ __l.h' -" 3 i/ _ _ Yrs. Contracted — l. ___..____. ____-- j J.ot' ,1'.Name — c"r ^ ,3!' , , .!'d. _ , . Rr!t."/`E l10t t316 10:07 AM P. 3 Gity of Grand Ptaide Bid 16133 p lt)TiC — ,1 ...r_'a._L.."'. Email - ..N_.__.... "!' _ ' +?.. f' ._ ? !' ..,»..__._,...a,... Gontract - '}S._____.. __.,. Yrs. Contracted - . Name - . _..x~ __..G -, _ . _._./.3'.s-L t . 't7-,"r•Y.,r...r Phone - ,_1.'__-_59-.!iS""4 Emai1 ll,..Q- t '2uv .'.._._ fyc 9c t.s r Cantract - $ ._._.., 's'.._., _M„__.... .,._._ Yrs. Contracted - f- Name -v, ... f1-e ;, _ ., ...`^!E"s _ ..C i .s c.. Phone - e.'_'l ' ._..."..,.''i`/' Em il -r•• 4.re...K.+; /C , f"k', s.cSeeK.._..____._________._._._.___._. . 12. Describe aw yau m et ar exceed the minimum qualifications in the specifiGation. L/., vE C> v.E/ S rs r '..y .2 c`' . 1vt'y/' ' L3 c.e-P.Lr'J'2u-5'°ti' S l5' rs C7i`"" .L x/.EJr-t"'E'i..L" f/Lr''1'" G k l• 1 13. Descri e the experience in pro ' ing simitar services within the Iast 2 years: Name - ... .rt,t t.r.tr _. . 1 Contract - t btJ _.._.. Was th project finished on tme - s Was the project within budget - --- Name - ....,....°r!' .''.--'. !'..... .,_" z.!_ Cantact - $t. . _G' 1._ . e-.,_ .,.._. Was the project finished on rime -,_.__ .<' ....__.,_._.__ .. Was kbe pmject within budget - ., S __--- - —.__ Name - ,a" .i`,,e'`'''-._...+r iY Contract - $ e,_____ ----..__.... _ _ Was the project finished on fiime -__ _. _-____ Was the projct within budget - ..._. _,±,5-----. _ ---. Natne -pf "s 4 8N 012016 10:d7 AM p. 14 City of Grand Prairie Bid 16133 j ,,. TOIItL'dGt - $ _.,7.__!1 ..__._.. ,._...,.,_.. Was the projeet finished on time - _..... _,S'___._...__._..______ .__ _._ ,...... _ _, Was the project within budget - __ ..._'.S._..._ Name — _. ' o k .._ Contract- $!/''____ W s the project finished on time -... .!C'.. .. Was the project within budget ---_ ..__._ s Name — u._. Contract - r Was the project finished on time - Was the project within budget - _. , _ _..__ . . 14. On the following page, list employees {last name only) alang with their job title and number af years' experience in your line of work (add additional pages if necessary). Also list equipment, quanrity and years in service. 8/10120i 810:07 AM P. 15 City af Grand Prairie i I.IST OF EMPLOYEES Years of Em lo ee Last Name Job Title Ez erience W./ ._ _ . _ _.- J,,'r — S '_ w_. _ ._ _ ___ .,.. .._ _. ._ ...,_ t.. %'ts! ."oY_ t''"'_.-.. t.3 _ ...... Q - ,,c,r ._ ..._.. c-.- J.11 'S.____ _----- --.--.--._ l.W......_.___._ z- -_ _ _- a a r.._ _. __._ __- s''1".:"".- .___.____., _ _ . ____ _ _.__..._ _..__ A_ m LIST 4F MACHINERY AND EQUIPMENf It is represenied as part of this bid that the bela v listed items of machinery and equipment are available for use on the work covered by this bid "Being Available" shall mean that the equigment is owned or under the eontrol of the Bidder submitEing this bid. I# is importent to state quantity and speccations of equipment available. E ample: (2 each Walker sutomatie paint epray mactinee). E ui mentiMschfne Years in Service Q c'44._„l, _._ __t?-.._..___,._ ___. L . _.,_ _ 1._ c'.___._ ..r.:._ 1 l,. - , ..: 1w r.s'c t?._v._.___ ._w_..._ 1,,.. .._ __..._._..._...w__.__..,_..,__ l . ._ __ _,v ___ _.. _ _ .. , . ---_____M .______---- f e , .___ u, r.?_ _._'",.," _- t .___ , ___. li0/201610:fl7 AM P. 16 City of Grand Prairie Bid 16133 C NFL.lGT F INTEREST QUESTIONNAIRE oR CiQ For vendor doin business with lacal overnmental enti 7fiis questionnairt refleets changes made to fho Iaw by H.B. 23, &tth Leg., Regular 3assion.Q ONLY This questionr ire is being filed in accordance with Chapfier 176, Lacal Govemment Code, by a vendor who has a business relatianship as defird by Sectian 176.001(1-a) with a local govemmental eMiry ad and the vendor meets requirerr ents under Sec ion 176.Q06(a). By law this questionnai e must be filed with the records administrator of the local govemmental en6ty rat later than the 7th businsss day after the date the verxlor becomes aware of facts that require the statemen# to be filed. Sse Sectian 1T6.d06(e•1}, Local Govemment Cade. A vendor commits art offense if the vendor knowingiy violates Section 176, 006, Local Govemment Code. An offens under tliis section is a rr sderranor. 1 Name of vendar wha has a buainess relationship with Ia! gav nmental entity. w.F!'Tf__.____._____—-----__ _._, 2 Cheek thia bax d yw are iling an updabe to a previously fil+ed questi annaire. LL The law req ires that you rie an updated compleied questionnaire wtth tha apprapria2e filinq authorfty rrot later than ihe lth business day after the date an which you became aware thmt the originally fited questionnaire was incam lete or inaccurate.) 3 Har rf locat qovemmant afficer ebout whorn tFre ir formation in thia seation is being disclosad. Name of Officer This section (item 3 including subparts A, B, G, & D) must be completed for each ot cer with whom the vendor has an employrnent or othet business rela#anship asdefined by Sectlon 176.401{7• a}, ocal Gavemment Code. Attach additional pages to fhis CCQ as necesaary. A, Is the lacal govemment officer nemed in this section recerving or Gkely to rec:eive taxable income, other tlan investmant inoome, from the vendor? Yas L. No B, Is tt vendot receiving cx likely to rucelve taxabte incom e, other than invesUrrent income, trom or at the direc6on of the local government officer named in this section AN tt taxable income is not received from tte local governmental entity? Yes No G. Is the filer of this questionnaire employed by a corporatian ar other busirsess entity with respect to which the Iocal gavernment ottieer serves as an offieer a direcior, a halds an ownership interest of one pereord more? Yes (.tNrr D. Describe each employment or business and tamity relationship with the local govemment officer named in this section. d e.« __ . ___._._ L,_.i Si ature af v dor doin business with e overnmental enti Date 8/10/2016 10:07 AM P• 17 City of Crand Prairi e Biti 18133 Aitil f ITYiCilt Ori G'iC CiTY OF GRAND PRAIRIE S[JBMITTAL AFFIRMATIt3N FORM FC? AND ADDENAA. CNUWLEDGEMENT This wil acknowledge your submittal conta'rns all items as specified in section 6 and receipt a£the fallowing addenda which are part of the Solicitarion Documents: ALL OF SECTION 6 HAS BEEN SUBMTT'TEU (+' Addendum Na. ,'_1' /r Addendum No. , Addendum Na Addendum No. . INTERLOCAL PURCHASING Should other Gavernment Entities decide to participate in this contract, would you, the Vendor, agree that all terms, conditions, specificatians, nd pricing would pply? Yes [No o x caN s_ The undersigned agrees to the fallowing: A. Agrecs that the snbmittal is complete and all required information/forms were submitted. B. Agrees that the bid package was fully reviewed and fully understands the requirements. G. Agrees to the Terms & Canditions as included in this bid packet and have noted any exceptians. D. Agrees that their submittal shall be good and may not be withdrawn for a periad of 90 calendar days after the seheduled clasing time. E. Will supply a11 required iusurance, and execute contract within the time stated on the notice of award. F. Af rcns that the submittal was not prepared in collusion with any other firm and the contents of this submittal have not been communicated by the undersigned or any agent with any other persnn engaged in this type of basiness. 1T.LTA+ RT' C, ATION BY MY SIGNATURE I AFFIRM THAT I AM DULY AUTHORIZED TO EXECUTE THIS PROPOSAL AS AN OFFER TO CONTRACT AND IN COMPLIANCE WITH THIS 54LICITATION, THE UNDERSIGNED FIRM HAVING EXAMINED THE SPECIFICATIONS, AND BE1NG FAMILIAR WITH THE CONDI'TIONS TQ BE MET, HEREBY SUBMITS A PROPOSAL FOR CONSIDERATION OF BEING SELECTED AS 'I'HE ITY' S PROVIDER FOR SAID SERVTCES; AND AGREES TO ENTER iNT NEGOTIATIONS IF SELECTED AS A FINALIST FOR SAID SERVTCES. J e _i.,_Y. . ,_.< < . i W __5----- Autho Signature Title CI°.r N.?''' s _. t! l _ t'_ Print/'I'ype Name Date 8/1 QI201$10:U7 AM p. 18 i: Y/b + t Y T' T E 3E A S ADDEND CJM #1 RFB #16133 CRACK & JUINT SEALING SERVICES Augast 18, 2016 1. Please see attached Q&A responses. V ` g Angi Mize Sr. Buyer 972} 237-8262 City of Grand Prairie Bid 16133 Specification t.:a REQUEST FOR BID RFB #16133 CRACK & JOINT SEALING SERVICE l.PROJECT SCOPE It is the intent of this specification to obtain an annual price agreement for the purchase of crack and joint sealing services for the City of Grand Prairie Street Division. These services shall include but not limited to cleaning, prepping and sealing of joints and/or cracks on both asphalt and concrete streets. This contract will begin on or after September 6, 2016. 2.REQUIREMENTS - Services shall include but not limited to the following: 2. 1 Vendor sha11 furnish all equipment and supplies needed to seal joints or cracks in asphalt and concrete streets. All equipment and supplies used must be capable of performing all operations in accordance with the specification. 2. 2 Joint Sealing Requirements 2. 2.1 All joints shall be cleaned and dry before sealing 2.2.2 All forging materials shall be removed before sealing 2. 3 Crack Sealing Requirements 2.3.1 All cracks shall be cleaned and dry before sealing 2.3.2 Cracks that are 1/8 inch should be routed to 1 / a inch. 2.3.3 A backer rod equal to Cera-Rod (Exhibit A) shall be installed in cracks that are 2 inches deep 2.3.4 A backer rod shall be compressible, non-shrinking, non-absorbent material with a melting point higher than the temperature of the material. 2. 4 Product Information 2.4.1 Material shall be Crafco Inc. Polyflex Type 3(Exhibit B) or City approved equal. Alternate product shall be comparable to this brand. If you are submitting an equal or comparable product you must submit a sample and the specification by August 17, 201.6, to be approved prior to bid opening. Please contact Manuel Alonzo, malonzo(a p.org, for instructions. 2. 5 Traffic Control 2.5.1 Vendor shall follow the City of Grand Prairie's Transportation Services Temporary Traffic Control Guidelines. The current version is available on the City's website: http://www.gptx.or cit overnment/city departments/ departments- -z/transportation-services/forms . This is a moving work zone; all lanes will be opened at the end of the day. 1 8l10/2016 10:07 AM p. 4 City of Grand Prairie Bid 16133 Specification 2.6 Work Hours 2.6.1 Regular work hours are 7:00 a.m. unti14:30 p.m. Monday through Saturday. 2.6.2 Schedule shall be coordinated with Manuel Alonzo, 972- 237-8530. Manuel will provide locations to be covered. 3.PROCUREMENT SCHEDULE The projected schedule for this procurement is as follows: Activity Target Dates Release Bid Monday, August 8, 2016 Samples Due Wednesday, August l7, 2016 Deadline for Questions Wednesd y, August 17, 2016 Responses to Questions Thursday, August l8, 2016 Deadline for Receipt of Bids Manday, August 22, 2016 Council Date Tuesday, September 6, 2016 4. ONTACT Information, questions or clarification concerning the intent of this RFB should be in writing and addressed to Angi Mize, Sr. Buyer at amize(agptx.org / 972-237-8262 no later than August 17, 2Q16, at 4:30 pm (CST). City of Grand Prairie's response to questions and requests for clarification will be posted to BidSync (www.bidsync.com) by August 18, 2016 at 4:30 pin (CST). 5.EVALUATION CRITERIA The following evaluation criteria will be utilized in the selection of a vendor: Price 40% Reputation 30% Experience 20% Past Relationship with the Citv and/or other Municialities 10% TOTAL 100% 6.AGREEMENT TERMS AND AWARD The price agreement shall be for an initial period of one year with four, one year renewal options. The price agreement shall be awarded to the vendor(s) submitting the bid(s) deemed to be in the best interest of the City. The City may award one Primary and one Secondary vendor per item/category, by portions or for the entire bid. The City of Grand Prairie may award to a single vendor, multiple vendors, or use any combination that serves the best interest of the City. 2 8l10/2016 10:07 AM p. 5 City of Grand Prairie Bid 16133 Specification 7.SUBMITTAL Interested parties should submit a11 of the following items for consideration in the order stated: 7.1 Bid Pricing (Attachment A) 7. 2 Questionnaire & References (Attachment B) 7. 3 Conflict of Interest Questionnaire (Attachment C) 7. 4 Submittal Affirmation Form (Attachment D) 7. 5 OR Statement of No Response (Attachment G) Vendor must submit at least one hard copy and one electronic (flash drive or CD) copy or via www.bidsvnc.com for an annual fee of $60. Bids must be submitted no later than the response deadline of August 22, 2016 by 2:00 p.rt. to: Angi Mize, Sr. Buyer Purchasing Division 326 Main Street Grand Prairie, Texas 75050 Late responses will be unopened and not accented for considera6on. The City of Grand Prairie is not responsible for lateness or failure of timely delivery via mail (whether delays are internaUexternal), e-mail, carrier, etc. Please ensure you allow time to provide your response timely so that you may be properly considered. The City reserves the right to reject any or all responses, to waive formalities, award a separate contract to separate vendors for each item/group, or to award one contract for the entire bid. 3 8/10/2016 10: 07 AM p. 6 City of Grand Prairie Bid 16133 GUIDE SPECIFICATION FOR NON-GASSING, HEAT RESISTANT BACKER ROD: CERA-RODTM JOINT FILLER SECTION 07 91 23 — BACKER RODS BACKER ROD FOR COLD-APPLIED SEALANTS Specifier Notes: This guide specification is written according to the Construction Specifications Institute (CSI) format. The section must be carefully reviewed and edited by the architect or engineer to meet the requirements of the project. Coordinate this section with other specification sections and the drawings. Specifier Notes: CERA-ROD is a round, flexible, continuous-length, non-absorbent, non-gassing, non-staining and non-shrinking material extruded from a cross-linked polyethylene. Compression/deflection is approximately 8 psi (55.2 KPa) at 25% deflection. CERA-ROD is used in joints or large cracks in Portland cement or asphalt concrete. It provides the correct sealant reservoir configuration, controls joint depth, and prevents sealant run-out through the bottom of the joint. CERA-ROD also acts as a bond-breaker to prevent bottom-side sealant adhesion. CERA-ROD can be used with cold- or hot-applied sealants. It will not melt, shrink, evaporate, or stain. PART 1 GENERAL 1.01 SECTION INCLUDES A.Application of closed-cell foam backer rod. 1.02 RELATED SECTIONS Specifier Notes: Edit the list of related sections as required for the project. List other sections dealing with work directly related to this section. A.Section 03 00 00 - Concrete. B.Section 32.12.16 — Asphalt Paving. C.Section 32.13.13 — Concrete Paving. C.Section 32 13 73 — Concrete Paving Joint Sealants. 1.03 REFERENCES A.ASTM D 5249 Standard Specification for Backer Material for Use with Cold- and Hot-Applied Joint Sealants in Portland-Cement Concrete and Asphalt Joints 1.04 SUBMITTALS A.Comply with Section 01 33 00 - Submittal Procedures. B.Submit manufacturer's product data and application instructions. 1.05 DELIVERY, STORAGE, AND HANDLING A.Deliver materials to site in manufacturer's original, unopened containers and packaging, with labels clearly identifying product name and manufacturer. B.Store materials in a clean, dry area in accordance with manufacturer's instructions. Project Name 1/28/ 2016 07 91 23-1 Backer Rods 8/10/2016 10:07 AM p. 7 City of Grand Prairie Bid 16133 C.Protect materials during handling and application to prevent damage. PART 2 PRODUCTS 2.01 MANUFACTURER A.W. R. MEADOWS, INC., PO Box 338, Hampshire, Illinois 60140-0338. (800) 342-5976. 847) 683-4500. Fax (847) 683-4544. Web Site www.wrmeadows.com. 2.02 MATERIALS A.Pertormance Based Specification: backer rod joint filler shall be flexible, lightweight, non- staining, polyethylene, and closed cell. It shall be a heat-resistant, chemical-resistant, ultraviolet-stable, non-absorbent, low density, compressibfe foam. B.Proprietary Based Specification: CERA-ROD backer rod by W. R. MEADOWS. Specifier Notes: Specify the diameter of the backer rod based on pavement joint width. Select backer rod with diameter 1/8" larger than the width of the joint forjoint widths up to 3/ 4". Forjoints 3/4" and larger, add 1/4" to diameter rod selection. 1.Diameter: [3/ 8 inch] [1/ 2 inch] [5/8 inch] [7/ 8 inch] [1 inch] [1 %4 inch] 1%2 inch] [2 inch] ([9.5 mm] [12.7 mm] [15.9 mm] [22.2 mm] [25.4 mm] [31.8 mm] [38.1 mm] 50.8 mm]). PART 3 EXECUTION 3.01 EXAMINATION A.Examine areas to receive backer rod. Notify architect if areas are not acceptable. Do not begin application until unacceptable conditions have been corrected. 3.02 APPLICAT{ON A.Install backer rod in accordance with manufacturer's instructions. B.Ensure joint or opening is clean, dry, and free of obstructions. G.Select backer rod with diameter 1 J8" larger than the width of the joint far joint widths up to 3/ 4". D.Forjoints 3/ 4" and larger, add 1/ 4" to diameter rod selection. E.Uniformly install backer rod with a single-wheeled or three-wheeled roller F.Seal the concrete with compatible joint sealant. 3.03 PROTECTION A.Protect pavementjoint sealant from traffic until fully cured. END OF SECTION Project Name 1l28/2016 07 91 23-1 Backer Rods 8/10/2016 10:07 AM p. 8 City of Grand Prairie Bid 16133 1Mr. R: {ALI7Jr m r SAFETY DATA SHEET Page 1 of 2 SECTION 1: PRODUCT AND COMPANY IDENTIFICATION Product:CERA-ROD HEAT RESISTANT BACKER ROD Part Number: 4680500 Manufacturer:W . R. Meadows, IIIC.Address: 300 Industrial Drive Hampshire, Illinois 60140 Telephone:847) 214-2100 In case of emergency, dial (800) 424-9300 (CHEMTREC) Revision Date:9/9/2014 Product Use:Backer Rod SECTION 2: HAZARDS IDENTIFICATION/EXPOSURE LIMITS HMIS Heaith p Product is classified as non-hazardous per OSHA 1910.1200. Ceramar is Flammability 0)defined by OSHA as an "article," a manufactured item that is formed to a specific shape or Reactivity p design during manufacture that does not release or result in exposure to a hazardous Personal Protection chemical under normal use conditions. SECTION 3: HAZARDS COMPONENTS SARA Vapor Pressure LEL Chemical Name:CAS Number bV Weight 313 mm He@20 C)24°C 1. None Under the reporting requirements of Section 313 of Title III of the Superfund Amendments and Reauthoprization Act of 1966 (SARA) and 40 CFR Part 372, chemicals listed on the 313 List (40 CFR Part 373.65) are identified under the heading "SARA 313." SECTION 4: EMERGENCY AND FIRST AID PROCEDURES EYE CONTACT: Flush eyes with water to remove particles SKIN CONTACT: Flush with water to remove particles. Wash affected areas with soap and water if available INHALATION: Not expected to be an exposure route. INGESTION: Not expected to be an exposure source. SECTION 5: FIRE AND EXPLOSIVES HAZARDS FLASHPOINT: NotApplicable EXTINGUISHING MEDIA: Water fog, foam, dry chemical. CHEMICAL/COMBUSTION HA2ARDS: Carbon monoxide, carbon dioxide, and incomplete combustion products. PRECAUTIONS/PERSONAL PROTECTIVE EQUIPMENT; Avoid smoke inhalation. Use appropriate respiratory protection. SECfION 6: ACCIDENTAL RELEASE MEASURES SPILL OR LEAK PROCEDURES: Not applicable. Product is a solid. SECTION 7: HANDLING AND STORAGE SAFE HANDLING PROCEDURES: No special requirements. SAFE STORAGE: None. SECTION 8: EXPOSURE CONTROLS/PERSONAL PROTECTION OSHA ACGIH Chemical Name:PEL PEL/CEILING PEL STEL SKIN TLV TLV/CEILING TW STEL SKIN 1. None ENGINEERING CONTROLS: None required under normal use conditions. PERSONAL PROTECTIVE EQUIPMENT: None required under normal conditions of use. SECTION 9: PHYSICAL AND CHEMICAL PROPERTIES BOILING POINT: N/A VAPOR DENSITY: N/A VOLATILE BY VOLUME: N/A EVAPORATION RATE: N/A pH LEVEL; N/A VOLATILE BY WE{GHT: NJA WEIGHT PER GALLON: N/A PRODUCT APPEARANCE: Red solid VOC CONTENT: N/A SECTION 10: STABILITY/REACTIVITY STABILITY: Stable.HAZARDOUS POLYMERIZATION: Will not occur. CONDITIONSANDMATERIALSTOAVOID: Nonerecognized. HAZARDOUS DECOMPOSITION PRODUCTS: None recognized. SECTION 11: TOXICOLOGICAL INFORMATION EYE CONTACT: Direct contact may cause mechanical irritation. SKfN CONTACT: Direct contact may cause slight mechanical skin irritation. INHALATION: Not anticipated to be an exposure route. INGESTION: Not anticipated to be an exposure route. SIGNS AND SYMPTOMS: Symptoms of eye irritation include tearing, reddening, and swelling. Symptoms of skin irritation include redness and swelling. Gastrointestinal irritation symptoms include nausea, vomiting, and abdominal discomfort. AGGRAVATED MEDICAL CONDITIONS: None recognized. OTHER HEALTH EFFECTS: None recognized 8/10/2016 10:07 AM p• 9 City of Grand Prairie Bid 16133 SAFETY DATA SHEET Date of Preparation: 9/9j14 Page 2 of 2 4680500 SECTION 12: ECOLOGICALINFORMATION ECOTOXICITY: N/E DEGRADABILITY: N/E BIOACCUMULATIVE POTENTIAL: N/E SOIL MOBILITY: N/E OTHER ADVERSE EFFECTS: None Recognized SECTION 13: WASTE DISPOSAL INFORMATION WASTE DISPOSAL INFORMATION: Product is classified as a non-hazardous waste. SECTION 14: TRANSPORTATION INFORMATION HAZARDOUS/NON-HAZARDOUS MATERIAL: Not regulated by DOT. UN NUMBER: None HAZARD CLASS: N/A PACKING GROUP: N/A UN PROPER SHIPPING NAME: N/A ENVIRONMENTAL HAZARDS: None recognized. BULKTRANSPORTATIONINFORMATION: None. SPECIAL PRECAUTIONS: None. SECTION 15: REGULATORY INFORMATION OTHER REGULATORY CONSIDERATIONS: None recognized. SECTION 16: OTHER INFORMATION PREPARATION DATE: 9/ 9/2014 PREPARED BY:Dave Carey The information contained herein is based on the data avarlable to us and is believed to be correct. However, we make no warranty, expressed or implied regarding the accuracy of this data or the resuts to be obtained from the use thereof. We assume no responsibility for injury from che use of this product descri6ed herein. 8/10/2016 10: 07 AM p. 10 City of Grand Prairie Bid 16133 T"PF ODUCT DAtA SHEET INC AN;EGONE'a [OMPANY 42U`N. Roosevelt Ave. • Chandfer AZ 85226 pART NO. $4521 1-800- 528-8242 (602) 276-04U6 • FAX (480) 961-0513 MARCH 009 wwtiv.crafco:am R€AD BEFORE, USIMG THIS PRODUCT GENERAL Crafco blyFlex Type 3 is a hot-applizd, asphalt based productused Yo fill cracks and joints in asphalt and portIand cement conciete paveinents in warm fo-hot c(iinate5. PolyFlex Type 3 is supplied in 561id forni which when melfed azid pfoperly applied forms a highly adhesiue and flexible Compound that resists craking in the winter nd res3sts flow atid pick-up at summer temperaturs. Polylex Type 3 is used in fiighway, sYieet, airf eld and parkirig .loi: pavements and is apptied to pavement cracks usuig either pressute feed melter appliattrs or pour pots. At application temperature, PolyFlex Type 3 is a medium viscosity product wiich flows and penettates cracks: PtlyFlex Type 3 is formulated as an economical yet effective pavement maintenanr e Ctack flller product. Compared to products based on rec aimed rubher, Poly lex Type 3 offers lower visoosity for easier application, unprovefl summer temperature gick-up resistance; quicker i set-up times and improved 1ow'tempeiature flexibility, Polyflex Type 3 has been a qualty Crafco product for 20 yeazs. Several stafes have adoptedspecifications:based on the performance of Polqflex Type 3, VOC = 0 g/ L USA E GUID LflVS PolyFlex Type 3 pavementtemperatuCepet`folsnance iimits High Temperature Grada (°C) aYe 70- 10 for crack filling. Usage rerAmrriendarions are siiown in Gcafco pavement j o sa 6a ao 7c sz temperduire grade charts shown aY the right: Itefer tb Crafco Product Selectian Pmcediues tv detemiine seaiant or filler use actii pavement temperature grades.16 ". i I6 f . Suited for IIse i ZZ 28 Recomtnended 34 Perf6rm ceLimis Not Rxorsvnended a 46 Pavement Temp for Filler Usage SPEClfICATION CONFORMANCE The Crafco recommended specification limits for PolyFlex Tyge 3 when heated in ceordance wifh ASTIv1 b5078 to the maximum heating temperature are as follows: Test Recommencled Snecification Cone Penetration (ASTIVI D5329)20-40 R.esilieiice (ASTM D5329)30% min. Softening Point (ASTivI I3 6)210°F 9J°C) min. DuctiliYy, 77P (25C) (ASTM I7113)i 30 cm min. lexibiliiy (A57'IVI 173 i l l Modified)Pass at30°F (-1°C) Flow -140°F (60 (ASTM D5329)3 mm ma7c Brook#iid Viscaisry, 400°F (2U4°C) (ASTM D2669)lOd Poise m: Asphalt Compatibility (ASTIvT D 329)Pass i Bitumen Content (ASTM D4)bb%o min Ten5ile Adhesion (ASTM D5329)400% min: Maxitnwn Heating Tempeiature 400°F (204°C) Minimum Application Temperature 380°F (193°C) NSTALLATION The unit weight of Crafco PolyEiex Type 3 is 10.0 ]bs. per gallon (1:20 kglL) at 60°F (15.5°C). Piior to use, the u5er inust rad and follow• IriSrallarion InStructions for Hot-Applied RoadSave, PalyFle7c, Farking L"ot and ASphalt ltubber Products Yo verify proper producY selecfibn, heatihg methbfls, pavement preparation procedures, applica6on geomeiry, usage precautions and safety proeedure"s. "S'hese instnrotions ate provided with eash pailet of product. PACKAGING PaclCaging consists of individual boxes of prodnct which are palletiaed intoshipping imits. Boxes contain a nan-adherent film which permits easy removal of 13ie product ach pallet eontains 72 b6xes which aze stacked in six layers of 12 boxes er-layer. The weight tlf product in aeh bax doe§ not exceed 40 Ibs. (1$kg),and pllet weights do nof exceed 2;8801bs. (1310kg),; Fallets of product are welghed and product is -sold by #he net weiglit of prodnct. Prtfductboxessaze mannfacturerl li'om dou6le w21[ kraft board prcrducmg a minimum burstmg test certificafion of 350 psi {241,N/cmZ) and using water iesistant adhesive5: 'oxes use tape closure and do not conEgin any staples_ Boxes are labeled wit$ the product name part number, lot number, specifica"tian cdn£ormauice application temperatures and safety instrvefions. T'alletized ursits are pioteCted from the weather using a three mi] thick plastic bag, a weaYher and moistute resistanf cap sheeC and a minimum pf two layers of six month u v. proiected Stretch wrap, Pallets 2z labeled with the ptoduct part number,lot:number and net weight. Instailation Instructions are provided tivith each palleY in a weathei resistant encloswe. WARRANTY CRAFCO; Inc. warrants thaY CRAFCO products meet applicable ASTM,' AASHT; Federal or State specifications at zime of shipment. Techniques used for the pceparation of the cracks and joints pnor fo sealng Ar filfing are beyond as controi a5 are ihe use and application of the products; thecefoe, Crafco shall not be respansible for improper(y applied or misused products. Ftemedies a,ainst Ctafca, Inc„ as ageed to by Crafco, are limated to replacing ntsnonforming product or iefun8 (full or partial) of purchase price from Crafco, Inc: All claims for breach of this warranty must be made within thtae (3) months of the date of use or tweive (12) months from ilie date of delivery by Crafcq Tnc. whichev r is eazlier. There shall be no.other warranties expres"sed or implied For optimum performance, follow Crafc6 recommenBaHons for product iustallation 2008,:Crafw All RtghtsRe"sCrVed : 8/ 1 0/201 6 1 0:07 AM p: 11 CERTIFtCATE QF MNTERESTED PARTIES oRnn 1295 1.of1 Complete Nos. 1- 4 and 6 if there are interested parties.t?FFIC USE ONLY Cornptete Nos.1, 2, 3, 5, and 6 if there are no interested parties.CERTIFICATION t7F FILiNG 1 Name of business entity filing form, and the ciry, state and country of the business entity's piace Gertificate Number. of business. 2016-109976 Curtca, Inc Center Point, TX United States Date Filed: 2 Name of gnvernmental entity or state agency that is a party to the contract for which the form is 09/09/2016 being filed. Gity of Grand Prairie Date Acknowledged: g Provide the idernification number used by the governmental entity or state agency to track or identify the contraci, and provide a descriptian of the services, goods, or other property to be provided under the coniract RFB#16133 Crack and Joint Sealing ServiCes 4 Nature of interest Name of Interested Party City, State, Country (place of business)cheCk applicable) Controiling Intermediary Wheatcrafit, Curtis Cenier PoinT, TX United States X 5 Check only if there is NO Interested Party_ 6 AfFIdAVIT SWear, or affirm, under penalfy of perjury That the above disclosure is true and correct. Signature of authori agent of contracting business entity A FIX NOTAF2Y STAMP / SEAL ABOVE Swom to and subscribed before me, by ihe said R S(L'C(/' this the day of 1Jn1QQJc 20 to ceRity which, witness my hand and seal of office. R..I ah Signacure of officer administering oath Printed name of officer administering oath Ti of officer administering oath Forms provided by Texas Ethics Commis5ion www.ethics.state.tx.us Version V1.0.277 1 CUf2TiN1 OP ID: LS ACORO DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 03/24/ 2016 THiS GERTIFICATE IS ISSUED AS A MATTER OF [NFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTiF1CATE 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 REPRESENTATtVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITI NAL INSUREQ, the poficy(ies) 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 cerkificate holder in lieu of such endorsement(s). PRODUCER pp E David E. Sund Insurance Concepts PHONE F of San Antonio, Inc.ac No t : 210 ac, No : 210 11120 Wurzbach, Suite 201 E-MAIL San Antonio, TX 78230-2426 ADDRESS: Lana Sund INSURER S AFFORDING COVERAGE NAIC # ir,suReR,n:United Fire Llo ds 43559 INSURED Curtco, IItC.INSURER 6: T@XaS MUtUBI IIISUC817C2 COITlp811 22945 6133 Hwy 27 INSURER C: Center Point, TX 78010-5596 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TNE INSURED NAMED ABOVE FOR THE POIICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LfMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE yyyp pOLICY NUMBER MM/DD/YYYY MM/OD LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE OOOOOO CLA1M5-MADE OCCUR 60A24 fl6 01l41t2416 01101/2017 pREM SES Ea occurD nce 0 , 0 MED EXP (Any one person) 00 PERSONAL & ADV INJURY I,OOOOOO GEtS'L AGGREGATE L{MIT APPLIES PER:GENERAL AGGREGATE Z,OOO,OOO POLICY ECT OC PRODUCTS - COMPlOP AGG $2,000000 O7HER: AUTOMOBILE IABILfTY COMBINED SINGLE LIMIT I,OUO OOOEaaccident A X qNY AUTO 60424006 01/ 01/2016 01/01/2017 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS AUTOS NON-OWNED PROPERTYDAMAGE HIREDAUTOS AUTOS Peraccident X UMBRELIA LIAB X OCCUR EACH OCCURRENCE S,OOO,OOO A EXCESS LIAB CLAIMS-MADE 6 4246 01/01l2016 01l01/2017 AGGREGATE 5,, DED RE7ENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY STATUTE ER ANYPROPRIETORlPARTNERlEXECUTNE Y N TSF0001152369 01/01/2016 01l01/2017 E.LEACHACCIDENT Q, OFF10ERfMEMBEft EXCLUDED?N / A Mandatory In NH)E.L. DISEASE - EA EMPlOYE6 $O r If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $OOO,OOO DESCRIPTION OF OPERATIONS ! LOCATIONS ! VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Contract No. 18049 - Joint 8 Crack Seafing The above Generai Liability provides Additional lnsured status when required by written contract per the attached Endorsement CG 20 90 {07/04). CERTIFICATE HOLDER CANCELLATION GRANPRI SHOULD ANY OF THE ABOVE DESCRIBED POICIES BE CANCELED BEFORE Ci of Grand Prairie THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN t}(ACCORDANCE WiTH THE POLICY PROVIS101SS. PO Box 534045 Grand Prairie, TX 75053-4045 AUTHORIZED REPRESENTATIVE O 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01)The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 0 4 2 o o COMMERC[AL GENERAL LiABILiTY CG ZU '(U 0413 THIS EHDORSEMENT CHANGES THE POLtCY. P EASE READ [T CAREFUL Y. ADDITIONA. NSUR a -- 4VICNERS, LESSEES OR Ct NTRACTORS -- SCHEDIJLED PERSt)N QR URGA VIZATIJN 7his endorsement modifiss insurance provided under the following: COMMERCIAL G NERAL LIABELI7Y COVERAGE PART SCHEDULE Name Of Additiona nsured Person(s) Qr Organization(s L.€cativn s Of Covered O erations ANY PERSON F' ORGANIZATION TO G3HOM LOCATIONS DESIGNATETI AND YOiI HAVE AGREED TO NAME AS ADBIT—DESCRIBED IN THE ABDVE IONAL TMSURED BY WRITTEN CONTRACT MEIdTTnNED WRTTTEN CONTRACT OR AGREEMENT IF TiiE CONTRACT OR OR AGEEAIENT AGREEI ENT IS EXEGIJTED P IflR TO LOSS lnformation required to complete this Schedule, if ntt shawn above, will be show in the Dectarations. PREMIUIK 50 1. Section i - who Is An Insured is arr ended to B. With respect to the insurance afforded to these include as an additional insured t#e person(s} or additionat insureds, the foflowing additional arganizatior(s) shown in the Schedule, but onfy exelusions apply: with respect to liability for "bodily injury", "praperty his insurance does not a t to "bodil in ury" or damage or personal ancf advertising in}ury y Y property damage' occurring after: caused, in whole or in part, by: 1. Your acts ar omissions; or All work, nciuding materials, parts ar equipment furnished in connection with such 2. The acts or omissions of those acting on your work, an the project (other than service, behal#";rnaintenance Qr repairs) to be performed by flr in the performance af your ongoing operatons for fln betalf of the additional insured(s) at the the 3C att[OFI I If15Uf8aS at the location(s)focation of the covered aperations has been designated above.completed; nr However:2. That por ian of "your work" out of which ihe 9. The insurance affarded to such addit onal or damage arises has been ut ta its intended use by any person or organization insured only applies to the e7ctent permitted by otYter than another contractor or subcontractor Eaw; ar d engaged in performing operations for a 2, if coverage provided to the additional insured is prirtcipal as a par of the same project. required by a antract or agreemenC, the insurance affflcded t such additional ins red wi61 not be broader than tt at which you are required by the contract or agreement ta prnuide for suah additional insured. CG 20 10 0413 O Ensurance Services dffice, Inc., 2012 Page 1 of 2