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HomeMy WebLinkAboutC2013-503 - 5/1/2013 - NA AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 1ST day of MAY, 2013, 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 $470,218.40 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 (E10155) CONTRACT RENEWAL #2 (FY 2013-2014) PROJECT NO. E13048 (TOTAL RENEWAL AMOUNT: $470,218.40) 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. C2013-503 5/01113 Page 1 of 3 Rev. Jun-2010 RCM Constructors Inc. Sr1A1NFfl 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 • APPROVED AS TO LEGAL FORM: By: J By: O Asst. City Attorney Daniel Biles, P.E. Director of Engineering Services CONTRACTOR ATTEST: (If Corporation) RCM Constructors, Inc. 2-re /.1I !/ By: /DG (Seal Below) Title: ia1^PSoyf (Note: If Person signing for corporation is not President, P.O. Box 9338 attach copy of authorization (Address) to sign) Corpus Christi, TX 78469 (City) (State)(ZIP) 361/299-1191 * 361/299-1201 (Phone) (Fax) Page 3 of 3 Rev. Jun-2010 PERFORMANCE BOND STATE OF TEXAS § BOND No. 4389083 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 SURETEC INSURANCE 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 SEVENTY THOUSAND, TWO HUNDRED EIGHTEEN AND 40/100 U.S. Dollars ($ 470,218.40 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 1ST of MAY , 2013, 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 (E10155) CONTRACT RENEWAL #2 (FY 2013-2014) PROJECT NO. E13048 (TOTAL RENEWAL AMOUNT: $470,218.40) 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 10TH day of MAY , 2013. PRINCIPAL SURETY RCM CONSTRUCTORS, INC. / SURETEC INSURANCE COMPANY By: �C c� & / ' /�el�, By: " Att. - -in-fact MARY ELLEN MOORE Title: ROLANDO MENDOZA, PRESIDENT ATTEST: Secretary Address: P.O. BOX 9338 Address: P.O. BOX 870 CORPUS CHRISTI, TEXAS 78469 CORPUS CHRISTI, TEXAS 78403 Telephone: 361-883-1711 Fax: 361-844-0101 E-Mail: mmoore@s-gins.com (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 Address: 500 N. SHORELINE BLVD. , SUITE 1200 (Physical Street Address) CORPUS CHRISTI, TEXAS 78401 (City) (State) (Zip) Telephone: 361-883-1711 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. Date May 2011) Performance Bond Page 3 of 3 PAYMENT BOND STATE OF TEXAS § BOND No. 4389083 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 SURETEC INSURANCE 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 SEVENTY THOUSAND, TWO HUNDRED EIGHTEEN AND 40/100 U.S. Dollars ($ 470,218.40 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 1ST day of MAY , 2013 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 (E10155) CONTRACT RENEWAL #2 (FY 2013-2014) PROJECT NO. E13048 (TOTAL RENEWAL AMOUNT: $470,218.40) 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 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) 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 10TH day of MAY , 2013. PRINCIPAL SURETY RCM CONSTRUCTORS, INC. / SURETEC INSURANCE COMPANY By: ',eel( ` By: _ :% / u- Attar,-fact MARY ELLEN MOORE Title: ROLANDO MENDOZA, PRESIDENT ATTEST: Secretary Address: P.O. BOX 9338 Address: P.O. BOX 870 CORPUS CHRISTI, TEXAS 78469 CORPUS CHRISTI, TEXAS 78403 Telephone: 361-883-1711 Fax: 361-844-0101 E-Mail: mmoore@s-gins.com 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 Address: 500 N. SHORELINE BLVD. , SUITE 1200 (Physical Street Address) CORPUS CHRISTI, TEXAS 78401 (City) (State) (Zip) Telephone: 361-883-1711 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 Payment Bond must not be prior to date of contract. END Rev. Date May 2011 Payment Bond Page 3 of 3 POA#: 4221023 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Hams County, Texas, does by these presents make,constitute and appoint R. M. Lee, Mary Ellen Moore,Tami J. Duncan, Steve Addkison, Cathleen Hayles, Danielle Harris, Kerry M. McIntosh its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name, place and stead,to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 12/31/2015 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President,any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20`x'of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 21st day of March,A.D.2013. w, SURETEC INSURANCE COMPANY VRANC f By.• Johnr. 'resident State of Texas ss: -, . 1 A7ty-c County of Harris •••-••.. On this 21st day of March,A.D.2013 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. 40. JACQUELYN MALDONADO NotaryPublic State of Texas An �'�'oc 'y My Comm.Exp.5/18/2017 elyn Maldonado,Notary Public My commission expires May 18,2017 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company, which is still in full force and effect; and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 10TH day of 2013 _,A.D. W-1417/4—/MAY y,Assistcretary Any Instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin,TX 78746 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi &Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Rev 11.11.03 SUPPLIER NUMBER TO BE ASSIGNED BY Cl fY PURCHASING DIVISION City of CITY OF CORPUS CHRISTI corpuuss DISCLOSURE OF INTEREST Chnsti 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. �/1 �f COMPANY NAME: ,C/11 1 CON S 1-vv cf 0V 5.1 Ttic , P. O. BOX: P d . I26 93 3e STREET ADDRESS: STATE14 ZIP: FIRM IS: 1. Corporation2. Partnership 3. Sole Owner El4. Association u 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 Job Title and City Department(if known) 1 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 p 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 disciosure 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: "OA ti) /v4 n.J fa z.„ Title: )'V'Est f p N)4— (Type or Print) Signature of Certifying ' I Date: '/6 —�3 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. f. "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. ,i-'""11 RCMCOCI OP ID: TIDO "AC-CPR/2Y CERTIFICATE OF LIABILITY INSURANCE DATD/YYYY) k.....--- 05/02/13 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 WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 361-883-1711 NACOME:NTACT Swantner&Gordon Ins Agcy-CCPHONE FAX 361-844-0101 A Higginbotham Company 361-844-0101 INC,No,Ext):361-883-1 (A/C,No): PO Box 870 AD E-MAIL dtischler@s-gins.com Corpus Christi,TX 78403-0870 INSURER(S)AFFORDING COVERAGE NAIL# Mike Garza / INSURER A:America First Lloyds Ins. Co 11526 INSURED RCM Constructors,Inc. V INSURER B:Peerless Indemnity Ins. Co. 18333 P.O. Box 9338 INSURER C:America First Ins. Co. 12696 Corpus Christi, TX 78469 INSURER o:Texas Mutual Ins Co 22945 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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. ADDL SUBR POLICY EFF POLICY EXP INSR LTR TYPE OF INSURA E INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY PREMIS ( GL6876555 07/18/12 07/18/13 DAMAGE lES(EaRENTEDoccurrence) $ 100,000 CLAIMS-MADE X OCCUR r MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ /2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 7 POLICY JECT LOC $ X AUTOMOBILE LIABILITY V/ (Baa acccident)SINGLE LIMIT $ / 1,000,000 • B ANY AUTO BA6876553 07/18/12 07/18/13 BODILY INJURY(Per person) $ ✓ ALL OWNEDSCHEDULED BODILY INJURY(Per accident) $ AUTOS X AUTOS f X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ /1,000,000 C EXCESS LIAB CLAIMS-MADE CU8865224 07/18/12 07/18/13 AGGREGATE $ 1,000,000 DED X RETENTION$ 10,000 %/ $ WORKERS COMPENSATION J/ WC STATU- OTH- AND EMPLOYERS'LIABILITY X TORY LIMITS °R - AND ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N N/A TSF0001119432 07/19/12 07/19/'13 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ✓/ /1 DUU 000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ / s If yes,describe under VVV 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) / RE: Project #E10155-Wastewater Service Line Repair & Clean-Out K�'s AW9 `� Installation and Manhole Ring & Cover Adjustment Program FY 2011 l L. See attached Notepad for additional coverages and provisions. Blanket (30) �� �'� � day Notice of Cancellation per form 17-491(10/10) applies to additional insureds. CERTIFICATE HOLDER CANCELLATION CICC-CO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Corpus Christi ACCORDANCE WITH THE POLICY PROVISIONS. Dept of Engineering Services Attn:Contract Administrator AUTHORIZED REPRESENTATIVE P.O.Box 9277 -` Corpus Christi,TX 78469-9277 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD NOTEPADRCMCOCI PAGE 2 INSURED'S NAME RCM Constructors, Inc. OP ID: TIDO DATE 05/02/13 INSURED: RCM Constructors, Inc. Additional Coverages and Provisions dditional Insured as required by written insured contract in favor of Certificate Holder applicable to General Liability on a Primary & Non-Contributory basis for ongoing operations per form 22-132(01/08)* and completed operations per form 22-135(01/08)* and applicable to Auto Liability per form 16-59F(05/04)*. aiver of Subrogation as required by written insured contract in favor of Certificate Holder applicable to General Liability per form 22-126(01/08)*, Auto Liability per form 16-87(11/09)* and Workers Compensation/Employers Liability per form WC420304A(1-01-2000)*. Umbrella follows form underlying General Liability, Auto Liability & Employers Liability. *Forms/Endorsements available upon request. Policy: GL6876555 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 insured any person or V organization whom you have agreed to add as an additional insured in a written contract or written agreement. Such person or organization is an additional insured but 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 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 written agreement provided that the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement. A person's or organization's status as an additional insured under this endorsement ends when: 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. The insurance provided by this endorsement applies only if the written contract or written agreement is signed 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 "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim 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 Section I —Coverage A—Bodily Injury And Property Damage Liability: 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. 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. ©2011 Liberty Mutual Insurance Company.All rights reserved. Includes copyrighted material of Insurance Services Office Inc.,with its permission. 22-132 (04/11) Page 1 oft 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 IV — Commercial General Liability Conditions is amended as follows: 1. The following is added to Paragraph 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 make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a"suit" by the additional insured. 2. Condition 4. Other Insurance of Section IV — Commercial General Liability Conditions is amended as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an 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 an 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 on other policies. ©2011 Liberty Mutual Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc.,with its permission. 22-132 (04/11) Page 2 of 2 Policy: GL6876555 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - AUTOMATIC STATUS WHEN REQUIRED IN 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 II — Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract or written agreement. Such person or organization is an additional insured but only with respect to liability for "bodily injury" or"property damage": 1. Caused by "your work" performed for that additional insured that is the subject of the written contract or written agreement; and 2. Included in the"products-completed operations hazard". The insurance provided by this endorsement applies only if the written contract or written agreement is signed 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 "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In The Event Of Occurrence, Offense, Claim 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 Section I—Coverage A—Bodily Injury And Property Damage Liability: This insurance does not apply to: 1. "Bodily injury" or"property damage"that occurs prior to you commencing operations at the location where such "bodily injury" or"property damage"occurs. 2. "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. C. The limits of insurance applicable to the additional insured are those specificied in a written contract or written agreement or the limits of insurance as stated in the declarations of this policy and defined 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 insurance afforded by this endorsement, Section IV — Commercial General Liability Conditions is amended as follows: 1. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claims 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 the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a"suit" by the additional insured. ©2011 Liberty Mutual Insurance Company.All rights reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 22-135 (04/11) Page 1 of 2 2. Paragraph 4.of Section IV—Commercial General Liability Conditions is amended as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an 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 an 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 on other policies. ©2011 Liberty Mutual Insurance Company.All rights reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 22-135(04/11) Page 2 of 2 Policy: GL6876555 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 IV — 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(01/08) Page 1 of 1 / BA6876553 V THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. /BUSINESS AUTO EXTENSION ENDORSEMENT COVERAGE INDEX Description Page TEMPORARY SUBSTITUTE AUTO PHYSICAL DAMAGE 1 ( BROAD FORM INSURED 2 EMPLOYEES AS INSUREDS 2 \ ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 2 SUPPLEMENTARY PAYMENTS 2 AMENDED FELLOW EMPLOYEE EXCLUSION 3 HIRED AUTO PHYSICAL DAMAGE 3 TOWING AND LABOR 3 PHYSICAL DAMAGE-ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 3 RENTAL REIMBURSEMENT 4 EXTRA EXPENSE- BROADENED COVERAGE 4 PERSONAL EFFECTS COVERAGE 4 AIRBAG COVERAGE 4 LEASE GAP 4 GLASS REPAIR-WAIVER OF DEDUCTIBLE 5 DRIVE OTHER CAR FOR EXECUTIVE OFFICERS 6 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 7 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS 7 BODILY INJURY REDEFINED 7 EXTENDED CANCELLATION CONDITION 7 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: 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(05/04) 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. J4. ADDITIONAL INSURED BY CONTRACT,AGREEMENT OR PERMIT SECTION II - 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." 5. SUPPLEMENTARY PAYMENTS SECTION II - 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(05/04) Page 2 of 7 SECTION II - 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. 9. PHYSICAL DAMAGE-ADDITIONAL TRANSPORTATION EXPENSE COVERAGE SECTION III - 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(05/04) Page 3 of 7 SECTION III - 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 III - 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(05/04) 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. 15. GLASS REPAIR -WAIVER 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(05/04) 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. 18. 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 any time. 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(05/04) Page 7 of 7 rvnuuiy a peat an / Policy Number: BA 6876553 V Coverage Is Provided In PEERLESS INDEMNITY INSURANCE COMPANY • Named Insured: Agent: RCM CONSTRUCTORS INC J HIGGINBOTHAM&ASSOCIATES INC Agent Code: 9711144 Agent Phone: (361)-883-1711 THIS ENDORSEMENT CHANGES YOUR POUCY. PLEASE READ IT CAREFULLY. 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US T e 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"loss"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). 16-87(11/09) INSURED COPY rrnnrx19 6876663 NTCORCA.12506 PGDMO60D J05199 ACAFPPN 00001825 Page 31 Policy: GL6876555 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. ©2010 Liberty Mutual Insurance Company.All rights reserved. Includes copyrighted material of Insurance Services Office, Inc.with its permission. 17-491 (10/10) Page 1 of 1 Marketed %*` America First kENEWAL Through r� Insurance. N®Dv dUb i Mmol Warp Forming a part of Policy Number: BA 6876553 Coverage Is Provided In PEERLESS INDEMNITY INSURANCE COMPANY Named Insured: Agent: RCM CONSTRUCTORS INC HIGGINBOTHAM&ASSOCIATES INC Agent Code: 9711144 Agent Phone: (381)-883-1711 COMMERCIAL AUTO COVERAGE PART DECLARATIONS EXTENSION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY AMENDMENT OF CANCELLATION PROVISIONS This endorsement mod i f ies insurance provided under th e following: Business Auto Coverage Form Garage Covverage Form Motor Carrier Coverage Form In the event of cance l l at ion for any st at ut or i ly per m i t t ed reasons other than nonpayment of premium, we ag ree to ma i l prior not ice of cancel lat ion to: SCHEDULE 1 . Name: BLANKET AS REQUIRED BY MITTEN CONTRACT / 2. Address: 3. Number of Dayas Advance Not ice: _30__, except v" i or non payment of premium. FAILURE TO MAIL SUCH NOTICE SHALL NOT IMPOSE ANY OBLIGATION OR LIABILITY OF ANY KIND UPON US. Date Issued: 06252012 17-59CA(06/94) INSURED COPY 07118/2012 6876553 NTCORCAJ2506 PGDM060D J05199 ACAFPPN 00001827 Page 33 WORKERLIAS'COMPENSATIONBILITYINSURANCE ANDPOEMPLOYERSLICY TexasMutua.r Insurance r;clnpany 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 organization(s) 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 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 at 12:01 A.M.standard time,forms a part of Policy No. TSF-0001119432 20120719 of the Texas Mutual Insurance Company Issued to RCM CONSTRUCTORS t NC Endorsement No. Premium$ --- /Y Authorized Representative WC420304A(ED.1-01-2000) INSURED'S COPY OUSER 7-17-2012 WORKERS' COMPENSATIONLIABILITYINSURANCE ANDPOLICEMPLOYERSY TeXasMutual® Insurance Company 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 DEPT OF ENGINEERING SERVICES / P.O. BOX 9277 �/ CORPUS CHRISTI , TX 78469 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 wh n this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on May 10 , 2013 at 12:01 A.M.standard time,for a part of Policy No. TSF-0001119432 20 120719 of the Texas Mutual Insurance Company Issued to RCM CONSTRUCTORS INC Endorsement No. 2 // Premium$ 0 ,00144447S..6V Authorized Representative WC420601(ED.1-94) AGENT'S COPY WASENDRS 5-10-2013