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HomeMy WebLinkAboutC2011-517 - 4/19/2011 - ApprovedAGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § 4 on- 6q THIS AGREEMENT is entered into this 4TH day of APRIL, 2012, by and between the CITY OF CORPUS CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and RCM Constructors, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $443,673.10 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: WASTEWATER SERVICE LINE REPAIR AND CLEAN -OUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY 2011 CONTRACT RENEWAL #1 - PROJECT NO. Eq Gq 66 ar /)�D3g (TOTAL RENEWAL AMOUNT: $443,673.10) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents . include this Agreement, the bid proposal and instructions, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. 2011 -517 Page 1 of 3 4119111 Rev. Jun -2010 M2011 -093 RCM Constructors, Inc. INDEXED Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B -6 -11 and Special Provision A -26 of the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 365 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. Page 2 of 3 Rev. Jun -2010 ATTEST: City Secretary APPR VED AS TO LEGAL FORM: JiL By: Asst. City Attorne ATTEST: (If Corporation) 6" � <%v (Seal Below) (Note. If Person signing for corporation is not President, attach copy of authorization to sign) RV CITY OF CORPUS CHRISTI By:/�? Oscar Martinez Assistant City Manager Public Works, Utilities, and Transportation By: Daniel Biles, P.E. Interim Director of Engineering Services CONTRACTOR RCM Constructors, Inc. By:. X� ( Title: Plies 'dv F-J-� P.O. Box 9338 (Address) Corpus Christi, TX 78469 (City) (State)(ZIP) 3611299 -1191 * 361/299 -1201 (Prone) (Fax) Page 3 of 3 Rev. Jun --2010 Project #: E12038 Funding: 530235-4200-33400-E12038 PO #: E12038CRC Amount: $34,600.00 Project #: E12038 Funding: 530000 -4300- 32010 -E 12038 PO #: E12038CRC1 Amount: $89,073.00 P E R F O R M A N C E BOND STATE OF TEXAS § BOND No, 58674770 COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That RCM Constructors Inc. of the City of Corpus Christi , County of Nueces , and State of Texas , as principal ( "Principal "), and WESTERN SURETY COMPANY , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER "), in the penal sum of FOUR HUNDRED FORTY -THREE THOUSAND, SIX HUNDRED SEVENTY -THREE AND 101100 _U.S. Dollars ($ 443,673.10 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 4TH of APRIL , 2012, which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, for the construction of: WASTEWATER SERVICE LINE REPAIR AND CLEAN -OUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY 2011 CONTRACT RENEWAL #1 - PROJECT NO. S49&456 +v l�a3g (TOTAL RENEWAL AMOUNT. $443,673.10) Now therefore, the condition of this obligation is such, that .if said Principal shall faithfully perform said Agreement in accordance with the plans, specifications and contract documents, including any changes, extensions, or guarantees, and including all and singular covenants, conditions, and agreements in and by said contract agreed and covenanted by Principal to be observed and performed, and according to the true intent and meaning of said Agreement hereto annexed, and if the Principal shall repair and/or replace all defects due to faulty materials and /or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City(OWNER), then this obligation shall be void, otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. (Rev. Date May 2011) Performance Bond Page 1 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the 5TH day of APRIL , 2012. PRINCIPAL SURETY RCM CONSTRUCTORS, INC. WESTERN SURETY COMPANY By: —44 d By �Xry-in-fact MARy ELLEN MOORE Title: ATTEST: Secretary Address: P.O. BOX 9338 CORPUS CHRISTI, TEXAS 78469 Address: P.O. BOX 870 CORPUS CHRISTI, TEXAS 78401 Telephone;_ _j6j-ag�_j 71 1 - - Fax: 361 -561-2564 R. IT.- • 11. W. n (Rev. Date May 2011) Performance Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: RANDAL M. LEE Agency: SWANTNER & GORDON INSURANCE AGENCY LLC. Address: 500 N. SHORELINE BLVD, SUITE 1200 (Physical Street Address) Telephone: CORPUS CHRISTI, TEXAS 78401 -0361 (City) (State) (Zip) 351 -883 -1711 E -Mail: rml @s— gins.com Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Performance Bond must not be prior to date of contract. END (Rev. Hate May 2011) Performance Bond Page 3 of 3 PAYMENT BOND STATE OF TEXAS BOND No. COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: 58674770 That RCM Constructors_, Inc. of the City of Corpus Christi , County of Nueces, and State of Texas, as principal ( "Principal "), and WESTERN SURETY COMPANY , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER "), and unto all Subcontractors, workers, laborers, mechanics and suppliers as their interests may appear, all of whom shall have a right to sue upon this bond in the penal sum of FOUR HUNDRED FORTY -THREE THOUSAND, SIX HUNDRED SEVENTY -THREE 101100 U.S. Dollars ($ 443,673.10 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 4TH day of APRIL , 2012 which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, for the construction of: WASTEWATER SERVICE LINE REPAIR AND CLEAN -OUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY 2011 CONTRACT RENEWAL #1 - PROJECT NO.EO4-56 451x2,03$ (TOTAL RENEWAL AMOUNT: $443,673.10) Now, therefore, the condition of this obligation is such, that if said Principal shall well and truly pay all Subcontractors, workers, laborers, mechanics and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. (Rev. Date May 2011) Payment Bond Page 1 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action,be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the 5TH day of APRIL , 2012. PRINCIPAL RCM CONSTRUCTORS, INC. By: Title: PY e & zl ATTEST: Secretary Address: P.O. sox 9338 CORPUS CHRISTI, TEXAS 78469 SURETY WESTERN SURETY COMPANY Address: P.O. BOX 870 CORPUS CHRISTI, TEXAS 78403 Telephone: 361 -883 -1711 Fax: 361 -561 -2564 E- Mail: _ rnmoore @_s -dins, c. (Rev. Date May 2011) Payment Bond Page 2 of 3 Attorn -' -fact MARY ELLEN MOORE f '1 =i ! i r, Address: P.O. BOX 870 CORPUS CHRISTI, TEXAS 78403 Telephone: 361 -883 -1711 Fax: 361 -561 -2564 E- Mail: _ rnmoore @_s -dins, c. (Rev. Date May 2011) Payment Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: RANDAL M. LEE Agency: SWANTNER & GORDON INSURANCE AGENCY LLC. Address: Sac N. SHORELINE BLVD, SUITE 12 (Physical Street Address) CORPUS CHRISTI, TEXAS 78401 -0351 (City) (State) (Zip) Telephone: 361- 883 -1711 E -Mall: rml@s-gins.com Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under, applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Payment Bond must not be prior to date of contract. END Rev. Date May 2011 Payment Bond Page 3 of 3 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint R M Lee, Mary Ellen Moore, Tami J Duncan, Steve Addkison, Cathleen Hayles, . Danielle Harris, Individually of Corpus Christi, TX, its true and lawful Attorney(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 9th day of February, 2012. ,nxx r, WESTERN SURETY COMPANY SyRfl'}c� �W 4Q�p OAarl^�T x Pau] . Bruflat, Senior Vice President rxx, State of South Dakota ss County of Minnehaha On this 9th day of February, 2012, before me personally came Paul T. Bruflat, to me known; who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires + X D. KRELL P November 30, 2012 s NOTARY PUBLIC ^ s s s SOUTH DAKOTA SEAL s +vyro5w5.4aati5�a�g�a��y��+ CERTIFICATE ela k-11j, D. Krell, No ry Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this SM14 day of APRIL , 2012 , nxnx'�,yo unErr�p WESTERN SURETY COMPANY taReo�Rr�� ag �llr unum", um L. Nelson, Assistant Secretary Form F4260 -09 -06 %107 Western Surety Company, Figure: 28 TAC §1.601(a)(3) 1 IMPORTANT NOTICE To obtain information or make a complaint: 2 You may contact Western Surety Company at 605- 336 -0850. 3 You may calf Western Surety Company's toll -free telephone number. for information or to make a complaint at: 1- 800- 331 -6053 4 You may also write to Western Surety Company at: P.O. Box 5077 Sioux Falls, SO 57117 -5077 5 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1 -800 -252 -3439 6 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714 -9104 Fax: (512) 475 -1771 Web: http: / /www,tdi.state.tx,us E -Mail: ConsumerProtection @tdi.state.tx.us AVISO IMPORTANTE Para obtener information o para someter una queja: Puede comunicarse con Western Surety Company al 605- 336 -0850. Usted Puede Ilamar al numero de telefono gratis de Western Surety Company's para information o Para someter una queja al: 1- 800 -331 -6053 Usted tambien puede escribir a Western Surety Company: P.O. Box 5077 Sioux Fails, SO 57117 -5077 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1- 800 -282 -3439 Puede escribir al Departamento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714 -9104 Fax: (512) 475 -1771 Web: http: / /Www.tdi.state.tx.us E -Mail: Cons umerProtection@tdi.state.tx.us 7 PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your Si tiene una disputa concerniente a su prima o a premium or about a claim you should contact un reclamo, debe comunicarse con el Western Western Surety Company first, If the dispute is not Surety Company primero. Si no se resuelve fa resolved, you may contact the Texas Department disputa, puede entonces comunicarse con el of Insurance. departamento (TDI). 8 ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Form N29- 4.2008 UNA ESTE AVISO A SU POLIZA: Este aviso as solo para proposito de informacion y no se convierte en parte o candicion del documento adjunto. �y SUPPLIERNUMBER TO BE ASSIGNED BY-CiTV -- PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus Christi DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If'the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P. O. BOX: STREET ADDRESS: P c� 30Y q3 3 g FIRM IS: I. Corporation 4. Association CITY: (f D " fjs CA iri s`lIi ZIP: Y V 2. Partnership ❑ 3. Sole Owner ❑ 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each 'employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name .lob Title and City Department (if known) 2. ,State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: a�Ct fit; �; g �� Title: P�i e S c' jo j (Type or Print) Signature of Certifying Date: Person: DEFINITIONS a. "Board member." A member "of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non -profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. RCMCOCI OP ID: SIKA A NLY CERTIFICATE OF LIABILITY INSURANCE °" ` oaa�r105/'2 l2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Ileu of such endorsement(*). PRODUCER 361 -883 -1711 CACT NAAME- Swantner & Gordon Ins Agcy -CC 361 -844 -0101 A Higginbotham Company PO Box 870 Corpus Christi, TX 78403 -0670 PHONE 361- 883.1771 FAX Arc No: 361- 844 -0101 E -MAIL ADD s: Mike Garza INSURER (S) AFFORDING COVERAGE NAIC 0 INSURER A: Amarka First Lloyds Ins. Co 11526 A INSURED RCM Constructors, Inc. P.O. Box 9338 Corpus Christi, TX 78469 INSURERS. Pwrlsss Indemnity Ins. Co. 18333 INSURER C: America First Ins. Co. 12696 INSURER D: Texas Mutual Ins Co 22945 $ 100,00 INSURER E : $ 5,00 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISIAN NuASaFR• 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, IL SR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MUM LILY 7CP L1Mt'ra GENERAL LIABILITY EACH OCCURRENCE $ 11000,00 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I OCCUR GL687$555 07118111 07/18/12 PREMISES Eecccurrenee $ 100,00 MED EXP (Any one Parson) $ 5,00 X Broad Foam PD PERSONAL & ADV INJURY S 1,000,00 X Cont+solustuah GENERALAGGREGATE $ 2,000,00 GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2,000,00 POLICY F PRO- LOC S AUTOMOBILE LIABILITY Ea e=dentJ LE LIMIT 1,000,00 BODILY INJURY (Per person) $ B ANY AUTO BASS76553 07118/11 07/18/12 HED AUTOS NED X AUTOSULED BODILY INJURY (Per accident) $ HIRED AUTOS X NON -OWNED AUTOS X PROPERTYDAMA Per eaddent $ $ X UMBRELLALUIB X OCCUR EACH OCCURRENCE $ 1,000,000. AGGREGATE $ 1,000,00 C EXCESS LIAR I CLAIMS -MADE CUBSO5224 07/18/11 07/18/12 DED I I RETENTION$ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPR IETORIPARTNERIEXECUTIVEYIN OFFICERIMEMBEREX.CLUDED? (Mandatory in NH) It yes, dasaito under DESCRIPTION OF OPERATIONS below NIA TSF00011191SII 07119/11 07/19/12 X WCSTATU OTH- TORY LIMITS I ER L. E. EACH ACCIDENT S 1,000,00 E.L. DISEASE -EA EMP40YEE 5 1,000,00 E.L. DISEASE - POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORO 101, Additional Remarlw Schedule, If more apace is raqulmd) RE: Project #E10155 - Wastewater Service Line Repair & Clean -Out Installation and Manhole Ring & Cover Adjuament Program FY 2011 Sea attached Notepad for additional coverages and provisions. V1.V CICC -CO City of Corpus Christl Engineering Services Contract Administrator P.O. Box 9277 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE� / O 1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: GL6676555 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 2, under Section II —Who Is An Insured is amended to include as an additional insured any person or organization 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. Such person or organization is an additional insured only with respect to liability for "bodily injury ", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 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 that are the subject of the written contract or agreement provided that the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" is committed, subsequent to the execution of such contract. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. We have no duty to defend an additional insured under this endorsement until we receive written notice of a claim or "suit" as required in provision b, of Condition Z Duties In the Event Of Occurrence, Offense, Claim Or Suit under SECTION N— COMMERCIAL GENERAL LIABILITY CONDITIONS. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. 2. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. 3. "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. 4. "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. Includes copyrighted material of Insurance Services office, Inc„ with its permission. 22 -132 (01 /0$) Page 1 of 2 5. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy. C. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in SECTION III -- LIMITS OF INSURANCE of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. D. With respect to the coverage afforded by this endorsement, SECTION N— COMMERCIAL GENERAL LIABILITY is amended as follows: 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Claim Or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense, that may result in a claim or "suit" under this insurance to us; b. , Tender defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to advise us of any other insurance which the additional insured has for a loss we cover under this Coverage Part. However, this condition does not affect whether the insurance provided to the additional insured by this endorsement is primary as described in Condition 4.a. as amended by this endorsement. 2. Condition 4. Other Insurance is amended as follows: a. The following is added to paragraph a. Primary Insurance: With respect to other insurance for which the additional insured is designated as a Named Insured, this insurance will be primary if you and the additional insured have agreed in writing, in a contract or agreement, that this insurance is primary or primary and non - contributory. Our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in provision 4.c. Method of Sharing b. The following is added to paragraph b. Excess Insurance: When the written agreement between you and the additional insured does not require this insurance to be primary or primary and non - contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and the additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured by attachment of an endorsement or otherwise. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 22 -132 (01108) Page 2 of 2 POLICY NUMBER: GL6876555 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — AUTOMATIC STATUS WHEN REQUIRED IN A CONSTRUCTION AGREEMENT WITH YOU — CONTRACTORS — COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 2. under SECTION 11 —WHO IS AN INSURED is amended to include any person or organization, 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, but only with respect to liabilityfor "bodily injury" or "properly damage ": 1. Caused by "your work' performed for that additional insured that is the subject of the written contractor agreement; and 2. Included in the "products- completed operations hazard ". The insurance provided by this endorsement applies only if the written contract or agreement is executed prior to the "bodily injury" or "property damage ". We have no duty to defend an additional insured under this endorsement until we receive written notice of a . claim or "suit" as required in provision b" of Condition 2. Duties In the Event Of Occurrence, Of ens% Chaim Or Suit under SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS. B. With respect to the insurance provided by this endorsement, the following are added to paragraph 2. Exclusions under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY (SECTION I — COVERAGES): This insurance does not apply: 1. To "bodily injury" or "property damage" arising out of any act or omission of the additional insured or the additional insured's employees; or 2. To "bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. 3, To "bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawing and specifications; and b. Supervisory, inspection, architectural or engineering activities; or C. With respect to the insurance afforded by this endorsement, the following is added to SECTION III — LIMITS OF INSURANCE: The Limits Of Insurance applicable to the additional insured are the lesser of: 1. The amount specified in a written contractor written agreement between you and the person or organization described in paragraph A. above; or 2. The amount shown in the Declarations for this Coverage Part. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Includes copyrighted materiai of Insurance Services Office, Inc,, with its permission. 22 -135 (01108) Page 1 of 2 Declarations for this Coverage Part as described in this SECTION III — LIMITS OF INSURANCE, D. With respect to the insurance afforded by this endorsement, SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. The following is added to condition 2. Duties in The Event Of Occurrence, Offense, Claims Or Suit: An additional insured under the At�t+�ia�trfr#1tr endorsement must comply provisions of this condition. 2. With respect to the insurance afforded by this endorsement, provision b. Excess Insurance of condition 4. Other Insurance is replaced by the following: 4. Other Insurance b. Excess Insurance This insurance is excess over any other insurance for which the additional insured qualifies as an insured whether primary, excess, contingent or on any other basis unless the written contract orwritten agreement between you and the person of organization described above specifically requires that this insurance be provided on either a primary basis or a primary and noncontributory basis. Includes copyrighted material of Insurance Services office, Inc., with its permission. 22 -135 (01 /00) Page 2 of 2 POLICY NUMBER: GLSB76555 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL_ GENERAL LIABILITY COVERAGE PART The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section N — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard" provided: 1. You and that person or organization have agreed in writing In a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or agreement Includes copyrighted material of Insurance Services Office, Inc., with its permission, 22 -126 (01108) Page 1 of 1 POLICY NUMBER: BA6876553 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT COVERAGEINDEX Description TEMPORARY SUBSTITUTE AUTO PHYSICAL DAMAGE BROAD FORM INSURED EMPLOYEES AS INSUREDS ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SUPPLEMENTARY PAYMENTS AMENDED FELLOW EMPLOYEE EXCLUSION HIRED AUTO PHYSICAL DAMAGE TOWING AND LABOR PHYSICAL DAMAGE- ADDITIONAL TRANSPORTATION EXPENSE COVERAGE RENTAL REIMBURSEMENT EXTRA EXPENSE - BROADENED COVERAGE PERSONAL EFFECTS COVERAGE AIRBAG COVERAGE LEASE GAP GLASS REPAIR - WAIVER OF DEDUCTIBLE DRIVE OTHER CAR FOR EXECUTIVE OFFICERS UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS BODILY INJURY REDEFINED EXTENDED CANCELLATION CONDITION The following modifies insurance under the: BUSINESS AUTO COVERAGE FORM 1. TEMPORARY SUBSTITUTE AUTO PHYSICAL DAMAGE SECTION I - COVERED AUTOS, paragraph C. is changed by adding the following: Page 1 2 2 2 2 3 3 3 3 4 4 4 4 4 5 6 7 7 7 7 If Physical Damage Coverage is provided under the Business Auto Coverage Form for an "auto" you own, the Physical Damage coverages provided for that owned "auto" are extended to any "auto" you do not own while used with the permission of its owner as a temporary substitute for the covered "auto" you own that is out of service because of its breakdown, repair, servicing, "loss ", or destruction. Includes copyrighted material of Insurance Services Office, Inc, with its permission. Copyright, Insurance Services Office, Inc,, 1997 16 -59f (05104) Page 1 of 7 2. BROAD FORM INSURED SECTION II - LIABILITY COVERAGE - WHO IS AN INSURED is amended to include as an insured: 1. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the period for which this endorsement is effective, if there is no similar insurance available to that organization. However, the Named Insured does not include any organization: a. that is a partnership or joint venture, or b. that is an insured under any other policy, or has exhausted its Limit of Insurance under any other policy. 2. . Paragraph 1. b. above does not apply to a policy written to apply specifically in excess of this policy. 3. Coverage for newly acquired or formed organizations is afforded only for 180 days from the date of acquisition or formation. 4. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident' that occurred before you formed or acquired that organization. 3. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE - WHO IS AN INSURED is amended to include as an insured: Any employee of yours while using a covered "auto" you do not own, hire or borrow in your business or your personal affairs. �C 4. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION ll - LIABILITY COVERAGE - WHO IS AN INSURED is amended to include as an insured any person or organization with whom you have agreed in writing in a contract, agreement or permit, to provide insurance such as is afforded under this policy. This provision 4. does not apply unless the written contract or agreement has been executed, or permit has been issued, prior to the "bodily injury" or "property damage." S. SUPPLEMENTARY PAYMENTS SECTION It - LIABILITY COVERAGE, 2.a. Supplementary Payments, items (2) and (4) are replaced by the following: (2) Up to $2500 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident' we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earnings up to $300 a day because of time off from work. 6. AMENDED FELLOW EMPLOYEE EXCLUSION Includes copyrighted material of Insurance Services office, Inc. with its permission, Copyright, Insurance Services Office, Inc., 1997 16 -59f (05104) Page 2 of 7 SECTION 11 - LIABILITY, exclusion 5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. The insurance provided under this provision 6. is excess over any other collectible insurance. 7. HIRED AUTO PHYSICAL DAMAGE SECTION III - PHYSICAL. DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss, or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos" you hire, subject to the following limit and deductible: The most we will pay for "loss" to any hired "auto" is $50,000 or Actual Cash Value or Cost of Repair, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. Subject to a maximum of $750 per "accident ", we will also cover loss of use of the hired "auto" if it results from an "accident ", you are legally liable, and the lessor incurs an actual financial loss. The insurance provided under this provision 7. is excess over any other collectible insurance. 8. TOWING AND LABOR SECTION III - PHYSICAL DAMAGE COVERAGE, A.2.Towing, is replaced by the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck' is disabled: a. For private passenger type vehicles, we will pay up to $50 per disablement. b. For "light trucks" that have a gross vehicle weight (GVW) of 10,000 pounds or less, we will pay up to $50 per disablement. c. For "medium trucks" that have a gross vehicle weight (GVW) of 10,001 - 20,000 pounds, we will pay up to $150 per disablement. However, the labor must be performed at the place of disablement. S. PHYSICAL DAMAGE- ADDITIONAL TRANSPORTATION EXPENSE COVERAGE SECTION ill - PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extension, is amended to provide a limit of $50 per day and a maximum limit of $1000. 10. RENTAL REIMBURSEMENT Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1997 16 -59f (05104) Page 3 of 7 SECTION ill - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of .'accident" or "loss ", other than theft, to a covered "auto ". We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." The most we will pay for any one "accident" or "loss" is $1000. No deductible applies to this coverage. 11. EXTRA EXPENSE -BROADENED COVERAGE Under SECTION 111 - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 12. PERSONAL EFFECTS COVERAGE A. SECTION III -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following-. If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision 12. is excess over any other collectible insurance. B. SECTION V -DEFINITIONS is amended by adding the following: "Personal effects" means tangible property that is worn or carried by an "insured ". "Personal effects" does not include tools, jewelry, money or securities. 13. AIRBAG COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion relating to mechanical breakdown does not apply to the accidental discharge of an air bag, 14.. LEASE GAP A. SECTION III -PHYSICAL DAMAGE COVERAGE -LIMIT OF INSURANCE is amended by adding the following: The most we will pay for a "total loss" in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and Financial penalties associated with those payments as of the date of the "loss ", Includes copyrighted material of Insurance Services office, Inc, with its permission. Copyright, Insurance Services Office, Inc., 1997 16 -59f (05104) Page 4 of 7 b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a "Balloon Loan ", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto ", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto ", i. Any amount representing taxes, j. Loan or lease termination fees, or; 2. The actual cash value of the damaged or stolen property as of the time of the "loss ". B. ADDITIONAL CONDITIONS This coverage applies only to the original loan or lease written on a covered "auto ". C. SECTION V -DEFINITIONS is changed by adding the following: As used in this endorsement: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. "Balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. 1 S. GLASS REPAIR - WANER OF DEDUCTIBLE SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following to D. DEDUCTIBLE: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. DRIVE OTHER CAR FOR EXECUTIVE OFFICERS A. This provision 17. changes only those coverages where a limit and premium is shown in the Declarations. B. CHANGES IN LIABILITY COVERAGE: Includes copyrighted material of Insurance Services Office, Inc, with its permission. Copyright, Insurance Services Office, Inc., 1997 16 -59f (05104) Page 5 of 7 Any "auto" you do not own, hire or borrow is a'covered 'auto" for Liability Coverage while being used by any of your "executive officers ", except: Any "auto" owned by that "executive officer' or a member of that person's household, or Any "auto" used by that "executive officer" while working in a business of selling, servicing, repairing or parking "autos ". C. CHANGES IN AUTO MEDICAL PAYMENTS AND UNINSURED MOTORISTS AND UNDERINSURED MOTORISTS COVERAGE The following is added to WHO IS AN INSURED: Any individual "insured" and his or her "family members" are "insured" while "occupying" or while a pedestrian when being struck by any "auto" you do not own except: Any "auto" owned by that individual or by any "family member". D. CHANGES IN PHYSICAL DAMAGE COVERAGE. Any private passenger type "auto" you do not own, hire or borrow is a covered "auto" while in the care, custody or control of any of your "executive officers" except: Any "auto" owned by that individual or by any member of his or her household. Any "auto" owned by that individual or his or her spouse while working in a business of selling, servicing, repairing or parking "autos ". E. ADDITIONAL DEFINITIONS: As used in this endorsement: "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by -laws or any other similar governing document, and that person's spouse, while a resident of the same household. "Family member" means a person related to an "executive officer" by blood, marriage or adoption who is a resident of the individual's household, including a ward or foster child. F. The insurance provided under this provision 17. will be: Equal to the broadest of those coverages afforded any covered "auto ", and Excess over any other collectible insurance. 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV - BUSINESS AUTO CONDITIONS is amended by adding the following: If you unintentionally fail to disclose any hazards or exposures existing as of the inception date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard or exposure as soon as practicable after its discovery, and we Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1997 16 -59f (05/04) Page 6 of 7 have the right to collect additional premium for same. i& AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR "LOSS" SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.2.a. is amended by adding the following: You must give us notice of an "accident ", claim, "suit" or "loss" only when it is known to: 1. You, if you are an individual, 2. A partner, if you are a partnership, 3. A member, if you are a limited liability company, or 4. An executive officer or the "employee" designated by the Named Insured to give such notice; if you are a corporation. 19. BODILY INJURY REDEFINED Under SECTION V - DEFINITIONS, definition C. is replaced by the following: "Bodily Injury" means physical injury, sickness or disease sustained by a person including mental anguish, mental injury, shock, fright or death resulting from any of these at anytime. 20. EXTENDED CANCELLATION CONDITION The COMMON POLICY CONDITIONS - CANCELLATION provision applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision 20. does not apply in those states which require more than 60 days prior notice of cancellation. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1997 16 -59f (05104) Page 7 of 7 Policy Number: BA6876553 Commercial Auto THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGSINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE Name of Person or Organization: AS REQUIRED BY WRITTEN INSURED CONTRACT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OR RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Sectlon IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer of Rights of Recovery Against Others to Us) is amended by the addition of the following; We waive any right of recovery we may have against the person(s) or organization(s) shown in the Schedule above if you have agreed to waive such right in a written contract or agreement. Our waiver only applies to payments we make for "bodily injury" or property damage" arising out of an "accident' and resulting from the ownership, maintenance or use of a covered "auto ". This waiver applies only to the person(s) or organization(s) shown in the Schedule above. BLANK Tei-imsKug WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 A TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described .in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3_ Premium The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organizations) arising out of the operations described. 4. Advance Premium INCLUDED, SEE INFORMATION PAGE, This endorsement changes the policy to which It is attached effective on the inception date of the policy uniess a different dale is indicated below. (The following "attaching clause" need be completed only when this endorsement Is Issued subsequent to preparation of the policy.) This endorsement, effective an 07/19/11 at 12:01 A-M. standard time, forms a part of Policy No. TSF- 0001119432 of the Texas Mutual Insurance Company Issued to RCM CONSTRUCTORS INC Endorsement No. Premium $ f d �t� Authorized Representative WC4203"A (ED. 1.01-2000) INSURED'S COPY rurruslu a u % uo Policy Number: BA 6876553 Coverage is Provided In PEERLESS INDEMNITY INSURANCE COMPANY Named Insured: Agent: RCM CONSTRUCTORS INC HIGGINBOTHAM & ASSOCIATES INC Agent Code: 8711144 Agent Phone: (351)4M3 -1711 THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US The endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM The Transfer Of Rights of Recovery Against Others To Us Condition does not apply to the person(s), or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident' or the gloss" under a contract with that person or organization. SCHEDULE Name(s) of Person(s) or Organization(s): BLANKET AS REQUIRED BY WRITTEN CONTRACT (If no name appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement). 1"7(11/09) INSURED COPY mr4 Pi" 4 6878663 NTCODCME= PODM0WD J07379 ACAFPPN O0001S17 P8P 9 ENDORSEMENT CI■■wnlnm s f oe# Af NWdml .d America First Tbmuo Insurance. MV"0.Mw►*Aw&r Policy Number: BA 8876553 Coverage Is Provided In PEERLESS INDEMNITY INSURANCE COMPANY Named Insured: Agent RCM CONSTRUCTORS INC HIGGINBOTHAM A ASSOCWTES INC Agent Code: 8711144 Agent Phone: (381)883 -1711 f COMMERCIAL AUTO COVERAGE PART DECLARATIONS EXTENSION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY AMENDMENT OF CANCELLATION PROVISIONS This endorsement modifies insurance provided under t h e following. Business Auto Coverage Form Garage Covver age Form Motor Carrier Coverage Form In the event of cancellation for any statutorily perm I t t ed reasons other then nonpayment of premium, we ag r ee to ma i 1 prior notice of cancellation to: SCHEDULE 1. Name: BLANKET AS REQUIRED BY WRITTEN CONTRACT 2. Address: 3. Number of Dayas Advance Not Ice: _30,-„.,, except f or non payment of premium. FAILURE TO MAIL SUCH NOTICE SHALL NOT IMPOSE ANY OBLIGATION OR LIABILITY OF ANY KIND UPON US. Date Issued: 020232012 17 -59CA (06194) INSURED COPY ------- lrwvm n An ACODU 1%VwMr,4C Pl 44 ® WORKERS' COMPENSATION AND EMPLOYERS e'j (aSM U LIABILITY INSURANCE POLICY t1 Ia==C *W WC 42 06 01 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page, In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: CITY OF CORPUS CHRISTI ENGINEERING SERVICES P.O. BOX 9277 CONTRACT ADMINISTRATOR CORPUS CHRISTI, TX 78469 -9277 This endorsement changes the policy to which it Is attached effective on the inception date of the policy unless a different date is Indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on April 5, 2012 at 12:01 A.M. standard time, forms a part of Policy No. TSF- 0001119432 201 10719 of the Texas Mutual Insurance Company Issued to RCM CONSTRUCTORS INC Endorsement No. 2 Premium $ 0.00 Authorized Representative WC420801 (ED. 1.94) INSURED'S COPY WASENDRS 4 -05 -2012 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE Any term or provision of the Cancellation Conditions of the policy or any endorsement amending or replacing such Conditions is amended by the following: If you have agreed in a written contract or written agreement to provide a person or organization who qualifies as an additional insured under this policy a notice of cancellation and/or material change that reduces or restricts the insurance afforded by this Coverage Part we agree to the following: a. Provide 30 days prior written cancellation notice for reasons other than nonpayment of premium and /or 30 days prior written notice of coverage change per schedule of additional insureds provided to us. Q 2010 Liberty Mutual Insurance Company. Al rights reserved. Includes copyrighted material of Insurance Services office, Inc. with its permission, 17.491 (10110) Page 1 of 1