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HomeMy WebLinkAboutC2014-299 - 9/30/2014 - Approved 1 , , �`� 2014-299 9/30/14 M2014-136 RCM Constructors Inc. CONTRACT DOCUMENTS FOR CONSTRUCTION OF WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 ' ieof re4'4 1 --* . s It i 0 FELIX H. OCAl1AS, JR. Y''. �i �t� /X3006 , w JUNE 2014 RECORD DRAWING NO: SAN564 , . I L 00 0100 TABLE OF CONTENTS Division/ Title Section Division 00 Procurement and Contracting Requirements 0011 16 Invitation to Bid 00 21 13 Instructions to Bidders 00 30 00 Bid Form L00 30 01 Bid Form Exhibit A 00 30 02 Compliance to State Law on Nonresident Bidders I 00 30 04 Conflict of Interest Questionnaire 00 30 05 Disclosure of Interest 00 30 06 Non-Collusion Certification 1 00 45 16 Statement of Experience 00 52 23 Agreement 1 00 61 13 Performance Bond 00 61 16 Payment Bond 00 72 00 General Conditions 00 72 01 Insurance Requirements 00 72 02 Wage Rate Requirements 00 72 03 Minority/MBE/DBE Participation Policy 00 73 00 Supplementary Conditions E Division 01 General Requirements IL01 1100 Summary of Work 0123 10 Alternates and Allowances 0129 00 Application for Payment Procedures 0129 01 Measurement and Basis for Payment 01 31 00 Project Management and Coordination 0131 13 Project Coordination 0131 14 Change Management 0133 00 Document Management 0133 02 Shop Drawings 0133 03 Record Data Table of Contents 00 0100-1 L WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 L I I Division/ Title Section I 01 33 04 Construction Progress Schedule 0140 00 Quality Management 0150 00 Temporary Facilities and Controls 0157 00 Temporary Controls —0170 00 Execution and Closeout Requirements ! Part S Standard Specifications I 022020 Excavation and Backfill for Utilities and Sewers 022022 Trench Safety for Excavations 022100 Select Material 025205 Pavement Repair,Curb, Gutter, Sidewalk, & Driveway Replacement 025220 Flexible Base—Chemically Stabilized (S-24) 025222 Flexible Base—High Strength (S-24A) 025404 Asphalts, Oils, and Emulsions (S-29) I 025412 Prime Coat 025424 Hot Mix Asphaltic Concrete Pavement (Class A) I 025610 Concrete Curb and Gutter 025612 Concrete Sidewalks and Driveways 027205 Fiberglass Manholes (S-58A) 027602 Gravity Sanitary Sewer(5-61) 028040 Sodding(S-8) 028300 Fence Relocation (S-12) 030020 Portland Cement ConcreteI 032020 Reinforcing Steel 038000 Concrete Structures 111 055420 Frames, Grates, Rings, and Covers Part T Technical Specifications I T-1 - Repair of Wastewater Service Lines T-2City of Corpus Christi Wastewater Department. Televised Inspection Services I END OF SECTION 1 Table of Contents 00 01 00-2 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION I AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 I 0011 16 INVITATION TO BID ARTICLE 1—GENERAL NOTICE 1.01 The City of Corpus Christi,Texas (Owner) is requesting Bids for the construction of the following Project: Wastewater Service Line Repair and Cleanout Installation and Manhole Ring and Cover Adjustment Program—FY-2014/15 Project No. E14025 This project is an Indefinite Delivery Indefinite Quantity(IDIQ)contract for the locating and the excavation of existing service lines; replacing approximately 3,350 linear feet of Wastewater Service Lines from the cleanout of the bend and from bend to City main; 165 Sanitary Sewer and 66 Storm Water Manhole Ring and Cover Adjustments throughout the City under multiple work authorizations.- The contract is a multi-year Indefinite Delivery Indefinite Quantity(IDIQ). The initial base year will be 365 calendar days with two(2) optional one (1)year extensions. 1.02 The Engineer's Opinion of Probable Construction Cost for the Project is$675,000. The Project is be complete and ready for operation within 365 days. ARTICLE 2—EXAMINATION AND PURCHASE OF DOCUMENTS 2.01 Advertisement and bidding information for the Project can be found at the following website: www.publicpurchase.com 2.02 Contract Documents may be downloaded or viewed free of charge at this website. It is the downloader's responsibility to determine that a complete set of documents, as defined in the Agreement are received. 2.03 This website will be updated periodically with Addenda, lists of interested parties, reports, or other information relevant to submitting a Bid for the Project. ARTICLE 3—PRE-BID CONFERENCE 3.01 A non-mandatory pre-bid conference for the Project will be held on July 8, 2014 at 10 a.m. at the following location: City Hall,City of Corpus Christi Texas 1201 Leopard Street Room: Conference Room 1 Corpus Christi,Texas 78469 Invitation to Bid 00 11 16-1 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 L 1 I I ARTICLE 4—QUESTIONS REGARDING BIDDING PROCESS OR SOLICITATION DOCUMENTS I 4.01 Questions are to be submitted using the Question and Answer process on the Owner's Bidding Website. Responses to questions submitted will be posted on the website by the Owner for the benefit of all Bidders. Responses will be posted for questions submitted by noon seven (7)days prior to the date of the bid opening. Inquiries made after this period may not be addressed. 4.02 A response to a question posted on the website that requires modification of the Contract Documents will be made by Addenda. Modifications to the Contract Documents prior to the award of contract can only be made by Addenda. Only answers in Addenda authorized by the Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. ARTICLE 5—MINORITY/MBE/DBE PARTICIPATION POLICY I 5.01 Selected Contractor is required to comply with the Owner's Minority/MBE/DBE Participation Policy as indicated in SECTION 00 72 03 MINORITY/MBE/DBE PARTICIPATION POLICY. 5.02 Minority participation for this Project has been established to be 45%of the Contract Price. 5.03 Minority Business Enterprise participation for this Project has been established to be 15%of the Contract Price. ARTICLE 6—BID SECURITY 6.01 Bidders must submit an acceptable Bid Security with their Bid as a guarantee that the Bidder I will enter into a contract for the Project with the Owner within 7 days of Notice of Award of the Contract. The security must be payable to the City of Corpus Christi,Texas in the amount of 5 percent of the greatest amount bid. I 6.02 Bid Security may be in the form of a Bid Bond or a cashier's check,certified check, money order, or bank draft from a chartered financial institution authorized to operate in the State of Texas. Bidders may provide their surety's standard penal sum bid bond form. The Bid Bond must reference the Project by name as identified in Article 7. 6.03 Failure to provide the Bid Security will constitute a non-responsive Bid which will not be I considered. Failure to provide required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. ARTICLE 7—DELIVERY OF BIDS I 7.01 Sealed Bids must be delivered to the Owner at the address below no later than July 16, 2014 ' at 2 p.m.to be accepted. The Bids will be publicly opened and read aloud at this time and Invitation to Bid 00 11 16-2 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15-PN E14025 11-25-2013 a i L place. Bids received after this time will be returned unopened. Address Bids to the Owner as follows: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid-Wastewater Service Line Repair and Cleanout Installation and Manhole Ring and Cover Adjustment Program-FY-2014/15, Project No. E14025 ARTICLE 8—AWARD OF CONTRACT 8.01 It is the intent of the Owner to award this Contract to the lowest responsible Bidder who submits a responsive Bid. The Owner reserves the right to adopt the most advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in stating Bid prices,to reject any or all Bids, and/or waive formalities. Bids may not be withdrawn within 90 days from the date on which Bids are opened. ARTICLE 9—OTHER CONTRACT REQUIREMENTS 9.01 Contractors for this Project must pay no less than the prevailing wage rates for the area established by the Owner and included in the Contract Documents. 9.02 Contractors for this Project must obtain and provide the necessary insurance, including Workers'Compensation Insurance,as required by the General Conditions and SECTION 00 72 01 INSURANCE REQUIREMENTS. 9.03 Performance and Payment Bonds are required. END OF SECTION I C I I Invitation to Bid 00 11 16-3 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 L C C 00 72 01 INSURANCE REQUIREMENTS ARTICLE 1—INSURANCE REQUIREMENTS 1.01 CONTRACTOR'S INSURANCE AMOUNTS A. Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: Type of Insurance Minimum Insurance Coverage Commercial General Liability including 1. Commercial Form 2. Premises-Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations Hazard $1,000,000 Per Occurrence 6. Contractual Liability $2,000,000 Aggregate 7. Broad Form Property Damage 8. Independent Contractors 9. Personal&Advertising Injury Business Automobile Liability-Owned, Non Owned, Rented and Leased $1,000,000 Combined Single Limit Workers'Compensation Statutory C Employer's Liability $500,000/500,000/500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Professional Pollution Liability/ $2,000,000 Per Claim Environmental Impairment Coverage Not limited to sudden and accidental ❑ Required X Not Required discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Builder's Risk(All Perils including Collapse) Equal to Contract Price ❑ Required X Not Required Installation Floater Equal to Contract Price ❑ Required X Not Required Owner's Protective Liability Equal to Contractor's liability insurance ❑ Required X Not Required 1.02 GENERAL PROVISIONS A. Provide insurance coverages and limits meeting the requirements for insurance in accordance with Article 6 of the General Conditions and this Section. Insurance Requirements 00 72 01-1 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 1 1 B. Provide endorsements to the policies as outlined in this Section. C. Obtain insurance from companies that are duly licensed or authorized in the State of Texas t to issue insurance policies for the required limits and coverages. Provide insurance from companies that have an A.M. Best rating of A-VIII or better. D. Furnish copies of policies and endorsements,and documentation of applicable self-insured retentions and deductibles upon request by OPT or any named insured or additional insured. Contractor may block out(redact)any confidential premium or pricing information contained in any policy or endorsement furnished under this Contract. E. The name and number of the Project must be referenced on the certificate of insurance. F. OPT's failure to demand such certificates or other evidence of the Contractor's full 1 compliance with the insurance requirements or failure to identify a deficiency in compliance from the evidence provided is not a waiver of the Contractor's obligation to obtain and maintain the insurance required by the Contract Documents. G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by the Contract Documents. Contractor shall not be allowed to perform any Work on the Project until the required insurance policies are in effect. A Certificate of Liability Insurance shall be submitted to the OPT. H. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16 of the General Conditions if Contractor fails to obtain or maintain the required insurance. I. Owner does not represent that the insurance coverage and limits established in this I Contract are adequate to protect Contractor or Contractor's interests. J. The required insurance and insurance limits do not limit the Contractor's liability under the indemnities granted to Owner's Indemnitees in the Contract Documents. K. Provide for an endorsement that the "other insurance"clause shall not apply to the OPT where the OPT is an additional insured shown on the policy. Contractor's insurance is primary and non-contributory with respect to any insurance or self-insurance carried by the OPT for liability arising out of operations under this Contract. L. Include the Owner and list the other members of the OPT and any other individuals or 1 entities identified in the Supplementary Conditions as additional insureds on all policies with the exception of the workers'compensation policy and Contractor's professional liability policy. 1 1.03 CONTRACTOR'S INSURANCE A. Purchase and maintain workers' compensation and employer's liability insurance for: 1 1. Claims under workers'compensation, disability benefits, and other similar employee benefit acts. Obtain workers'compensation coverage through a licensed insurance company in accordance with Texas law and written on a policy and endorsements approved by the Texas Department of Insurance. Provide insurance in amounts to meet all workers'compensation obligations. Provide an "All Other States" endorsement if Contractor is not domiciled in Texas and policy is not written in accordance with Texas Department of Insurance rules. Insurance Requirements 00 72 01-2 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 C C 2. Claims for damages because of bodily injury,occupational sickness or disease, or death of Contractor's employees. 3. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage(if applicable). 4. Foreign voluntary worker compensation (if applicable). B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of Contractor. Provide coverage on an occurrence basis,against: 1. Claims for damages because of bodily injury,sickness or disease, or death of any person other than Contractor's employees; 2. Claims for damages insured by reasonably available personal injury liability coverage which are sustained; 3. By any person as a result of an offense directly or indirectly related to the employment of such person by Contractor; 4. By any other person for any other reason;and 5. Claims for damages,other than to the Work itself, because of injury to or destruction of tangible property wherever located, including any resulting loss of use. C. Provide Contractor's commercial general liability policy that is written on a 1996(or later) ISO commercial general liability form (occurrence form)and include the following coverages and endorsements: 1. Products and completed operations coverage as required in this Section. Insurance is to remain in effective for 3 years after final payment. Furnish evidence of the continuation of this insurance at final payment and again each year for 3 years after final payment to Owner and each named insured or additional insured. a. Eliminate the exclusion with respect to property under the care,custody,and control of Contractor. Provide and maintain Installation Floater insurance for property under the care,custody, or control of Contractor in lieu of elimination of the exclusion,or if required by this Section. Provide Installation Floater insurance that is a broad form or"All Peril" policy providing coverage for all materials, supplies, machinery,fixtures, and equipment which will be incorporated into the Work. 1) Provide coverage under the Contractor's Installation Floater that includes: a) Faulty or Defective workmanship, materials, maintenance, or construction; b) Cost to remove Defective or damaged Work from the Site or to protect it from loss or damage; c) Cost to cleanup and remove pollutants; d) Coverage for testing and startup; e) Any loss to property while in transit; f) Any loss at the Site; Insurance Requirements 00 72 01-3 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 I I g) Any loss while in storage, both on and off the Site; and h) Any loss to temporary Project Works if their value is included in the ' Contract Price. 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Provide limits of insurance adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, supplies, machinery,fixture,and equipment which will be incorporated into the Work while in transit or in storage. 2. Blanket contractual liability coverage for Contractor's contractual indemnity I obligations in Paragraph 7.14 of the General Conditions,and all other contractual indemnity obligations of Contractor in the Contract Documents. 3. Broad form property damage coverage. I 4. Severability of interest. 5. Underground explosion and collapse coverage. 6. Personal injury coverage. 7. Endorsement CG 2032, "Additional Insured- Engineers,Architects or Surveyors Not Engaged by the Named Insured"or its equivalent. D. Purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance,or use of any motor vehicle. E. Purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability,commercial general liability, and automobile liability insurance described in the paragraphs above. Provide coverage that is at least as broad as all underlying policies. Provide a policy that provides first-dollar liability coverage as needed. F. Provide Contractor's commercial general liability and automobile liability policies that: 1. Are written on an occurrence basis; 2. Include the individuals or entities identified in the Supplementary Conditions as I additional insureds; 3. Include coverage for the respective officers, directors, members, partners,employees, agents, consultants, and subcontractors for each named insured or additional insured; 4. Provide primary coverage for all claims covered by the policies, including those arising from both ongoing and completed operations. G. Purchase and maintain insurance coverage for third-party injury and property damage claims, including clean-up costs that result from Hazardous Environmental Conditions which result from Contractor's operations and completed operations. Provide Contractor's pollution liability insurance that includes long-term environmental impacts for the disposal of pollutants/contaminants and is not limited to sudden and accidental discharge. The completed operations coverage is to remain in effect for 3 years after final payment. The Insurance Requirements 00 72 01-4 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 C L policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. H. Purchase and maintain applicable professional liability insurance,or have Subcontractors and Suppliers do so, if Contractor or any Subcontractor or Supplier will provide or furnish professional services under this Contract. I. The policies of insurance required by this Section must: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Section or required by Laws or Regulations,whichever is greater. 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor,Owner, and all named insureds and additional insureds. 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor's performance of the Work and Contractor's other obligations under the Contract Documents,whether performed by Contractor, Subcontractor,Supplier, anyone directly or indirectly employed or retained by any of them, or by anyone for whose acts they may be liable. J. The coverage requirements for specific policies of insurance must be met directly by those policies and may not by rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 1.04 OWNER'S PROTECTIVE LIABILITY INSURANCE A. Purchase and maintain an Owner's Protective Liability insurance policy with the Owner as the named insured and other members of the OPT as additional insureds. Provide a policy that will protect the OPT from claims which arise from operations under the Contract Documents. Provide this coverage in the same amounts required for the Contractor's liability insurance and from the same company that provides the Contractor's liability insurance. 1.05 PROPERTY INSURANCE A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Section or those required by Laws and Regulations and must comply with the requirements of Paragraph 1.06. This insurance shall: 1. Include the OPT, Contractor,and all Subcontractors,and any other individuals or entities identified in the Supplementary Conditions, as named insureds. 2. Be written on a builder's risk"all risk" policy form that includes insurance for physical loss or damage to the Work,temporary buildings,falsework,and materials and equipment in transit, and insures against at least the following perils or causes of loss: fire; lightning;windstorm; riot;civil commotion;terrorism;vehicle impact;aircraft; Insurance Requirements 00 72 01-5 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 I I smoke;theft;vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current;earthquake;volcanic activity,and other earth movement;flood; collapse; explosion;debris removal;demolition occasioned by enforcement of Laws and Regulations;water damage(other than that caused by flood);and such other perils or causes of loss as may be specifically required I by this Section. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current;earthquake;volcanic activity,and other earth movement;or flood, are not commercially available under builder's risk, by endorsement or otherwise,this insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. Cover expenses incurred in the repair or replacement of any insured property. 4. Cover materials and equipment in transit or stored prior to being incorporated in the Work. 5. Cover Owner-furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 7. Allow for the waiver of the insurer's subrogation rights as set forth below. 8. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 3 9. Not include a co-insurance clause. 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship,design, or materials exclusions. 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete, unless otherwise I agreed to in writing by Owner and Contractor. B. Evidence of insurance provided must contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each named insured. C. Pay for costs not covered by the policy deductible. D. Notify builder's risk insurance provider if Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04 of the General Conditions. Maintain the builder's risk insurance in effect during this Partial Occupancy or Use. E. Contractor may purchase other special insurance to be included in or to supplement the builder's risk or property insurance policies provided under this Section. F. Contractor,Subcontractors,or employees of the Contractor or a Subcontractor owning property items,such as tools,construction equipment,or other personal property not expressly covered in the insurance required by the Contract Documents are responsible for providing their own insurance. I Insurance Requirements 00 72 01-6 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 111 C L 1.06 WAIVER OF RIGHTS A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. B. All policies purchased in accordance with this Section are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner's Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable property insurance. None of these waivers extend to the rights Contractor has to the proceeds of insurance as trustee. C. Contractor is responsible for assuring that agreements with Subcontractors contains provisions that the Subcontractor waive all rights against Owner's Indemnitees,Contractor, named insureds and additional insureds, and the officers,directors, members, partners, employees, agents,consultants, and subcontractors of each and any of them,for all losses and damages created by or resulting from any of the perils or causes of loss covered by builder's risk insurance and other property insurance. 1.07 OWNER'S INSURANCE FOR THE PROJECT A. Owner is not responsible for purchasing and maintaining any insurance to protect the interest of the Contractor,Subcontractors, or others in the Work. The stated limits of insurance required are minimum only. Determine the limits that are adequate. These limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event, Contractor is fully responsible for all losses arising out of, resulting from, or connected with operations under this Contract whether or not these losses are covered by insurance. The acceptance of evidence of insurance by the OPT, named insureds, or additional insureds does not release the Contractor from compliance with the insurance requirements of the Contract Documents. ARTICLE 2—EVIDENCE OF INSURANCE 2.01 ACCEPTABLE EVIDENCE OF INSURANCE A. Provide evidence of insurance acceptable to the Owner with the executed Contract Documents. Provide the following as evidence of insurance: 1. Certificates of Insurance on an acceptable form; 2. Riders or endorsements to policies; and 3. Policy limits and deductibles. B. Provide a list of"Additional Insureds"for each policy. C. Provide evidence that waivers of subrogation are provided on all applicable policies. D. Provide evidence of requirements for 30 days' notice before cancellation or any material change in the policy's terms and conditions, limits of coverage,or change in deductible amount. Insurance Requirements 00 72 01-7 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 1 I 2.02 CERTIFICATES OF INSURANCE A. Submit Certificates of Insurance meeting the following requirements: 1. Form has been filed with and approved by the Texas Department of Insurance under Texas Insurance Code§1811.101;or 2. Form is a standard form deemed approved by the Department under Texas Insurance Code§1811.101. 3. No requirements of this Contract may be interpreted as requiring the issuance of a certificate of insurance on a certificate of insurance form that has not first been filed with and approved by the Texas Department of Insurance. B. Include the name of the Project in the description of operations box on the certificate of insurance. 2.03 INSURANCE POLICIES A. Provide a copy of insurance policies, declaration pages and endorsements,and documentation of applicable self-insured retentions and deductibles if requested by the Owner. B. Owner may require the deletion, revision, or modification of particular policy terms, conditions, limitations,or exclusions (except where policy provisions are established by Laws or Regulations binding upon either of the parties hereto or the underwriter of any such policies). Comply with these requests and submit a copy of the replacement certificate of insurance to Owner at the address provided below within 10 days of the requested change. 2.04 CONTINUING EVIDENCE OF COVERAGE A. Provide updated, revised, or new evidence of insurance in accordance this Section prior to the expiration of existing policies. B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. 2.05 NOTICES REGARDING INSURANCE A. Submit notices regarding insurance are to be sent to the Owner at the following address: City of Corpus Christi—Engineering Attn:Construction Contract Admin. P.O. Box 9277 Corpus Christi,TX 78469-9277 B. Submit questions regarding insurance requirements to the Construction Contract Administrator by calling 361-826-3530. 1 I Insurance Requirements 00 72 01-8 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 L I ARTICLE 3—TEXAS WORKERS'COMPENSATION INSURANCE REQUIRED NOTICE 3.01 WORKERS'COMPENSATION INSURANCE COVERAGE A. Definitions: 1. Certificate of coverage("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement(TWCC- 81,TWCC-82,TWCC-83, or TWCC-84),showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the Project. 2. Duration of the Project-includes the time from the beginning of the Work on the Project until the Contractor's/person's Work on the Project has been completed and accepted by the governmental entity. 3. Persons providing services on the Project("Subcontractor" in §406.096)-includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the Project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes,without limitation, independent contractors,subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity,or employees of any entity which furnishes persons to provide services on the Project. "Services" include,without limitation, providing, hauling, or delivering equipment or materials,or providing labor,transportation,or other service related to a project. "Services"does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries,and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code,Section 401.011(44)for all employees of the Contractor providing services on the Project,for the duration of the Project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the Project,the Contractor must, prior to the end of the coverage period,file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning Work on the Project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project;and 2. No later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. Insurance Requirements 00 72 01-9 tir WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 I I F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. I G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery,within 10 days after the Contractor knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the Project. H. The Contractor shall post on each Project Site a notice, in the text,form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered,and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project,to: 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code,Section 401.011(44)for all of its employees providing services on the Project,for the duration of the Project; 2. Provide to the Contractor, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project,for the duration of the Project; 3 3. Provide the Contractor, prior to the end of the coverage period,a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 4. Obtain from each other person with whom it contracts,and provide to the Contractor: a. A certificate of coverage, prior to the other person beginning Work on the Project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 5. Retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; 6. Notify the governmental entity in writing by certified mail or personal delivery,within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project;and 7. Contractually require each person with whom it contracts,to perform as required by paragraphs (1)-(7),with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage,the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project,that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured,with the Insurance Requirements 00 72 01-10 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 L L commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties,criminal penalties, civil penalties,or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the Contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. END OF SECTION L E I C I C C C I C I Insurance Requirements 00 72 01-11 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 00 52 23 AGREEMENT This Agreement,for the Project awarded on September 30,2014, is between the City of Corpus Christi (Owner)and RCM Constructors,Inc. (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Wastewater Service Line Repair and Cleanout Installation and Manhole Ring and Cover Adiustment Program—FY-2014/15 PN E14025 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Felix H. Ocanas,Jr., P.E. ECMS(Engineering and Construction Management Services) 5001 Oakmont Dr. Corpus Christi,TX 78413 2.02 The Owner's Authorized Representative for this Project is: Albert Pardo, P.E—Construction Engineer City of Corpus Christi—Capital Programs 4917 Holly Rd. Bldg#5 Corpus Christi,Texas 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be completed within 365 calendar days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 365 calendar days after the date when the Contract Times commence to run. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Agreement 00 52 23-1 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays,expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay(but not as a penalty): 1. Completion of the Remaining Work: Contractor agrees to pay Owner$500 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions. 2. Liquidated damages for failing to timely attain Final Completion are not additive and will not be imposed concurrently. 3. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached in SECTION 00 30 01 BID FORM EXHIBIT A. Unit prices have been computed in accordance with Paragraph 13.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids,and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $ 657,391.00 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to 95 percent of the total earned value to date for completed Work and properly stored materials will be made prior to Substantial Completion. The balance will be held as retainage. C. Payment will be made for the amount determined per Paragraph 5.02.B, less the total of payments previously made and less set-offs determined in accordance with Paragraph 15.01 of the General Conditions. Agreement 00 52 23-2 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 D. At the Owner's option, retainage may be required at a higher percentage rate if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion,the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option,Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 15.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion,elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 15.06 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. 6.02 The Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress,and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site;and 4. The Contract Documents. Agreement 00 52 23-3 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 E. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information,observations,and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods,techniques, sequences,and procedures of construction to be employed by Contractor;and 3. Contractor's safety precautions and programs. F. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations,explorations,tests,studies, or data are necessary for the performance of the Work at the Contract Price,within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations,explorations,tests, studies, and data with the Contract Documents. I. The Contractor has given the OAR written notice of all conflicts, errors,ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. K. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 13.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice,the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books,correspondence, instructions,drawings, receipts,vouchers, memoranda,and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Specifications,forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. Agreement 00 52 23-4 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 2. Drawings listed in the Sheet Index. 3. Addenda. 4. Exhibits to this Agreement: a. Contractor's Bid Form Exhibit A. 5. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. ARTICLE 10—CONTRACT DOCUMENT SIGNATURES Four original duplicates of the signed Contracts will be required. The sequence of signatures will be completed in the following order: A. CONTRACTOR—Contract must be signed by a person authorized to bind the firm or company*if Contractor is a Corporation contracts must be Attested; B. ASSISTANT CITY ATTORNEY; C. DIRECTOR OF CAPITAL PROGRAMS; D. CITY SECRETARY. Agreement 00 52 23-5 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 The effective date of the Contract is C ‘ire--(4, (1492-e/1' . ATTEST CITY OF CORPUS CHRISTI 1 Z ���tirIC). 9• I a City Secretary Natasha Fudge, .E. " Acting Director of Capital Programs APPROVED AS TO LEGAL FORM 24—'4* ..—....o.....,HUI _ 13�P,,; T IT COuNCIL..q..3 i Asst. City Attorney a I YSECRETARI� ATTEST(IF CORPORATION) CONTRACTOR aa4,L gV' RCM Constructors,Inc. (Seal Below) B • /�� t fr^ /)� Note: Attach copy of authorization to sign if n Person signing for Contractor is not President, Title: Pres :. Lei f Vice President, Chief Executive Officer, or Chief Financial Officer P.O. Box 9338 Address Corpus Christi, Texas 78469 City State Zip 361/299-1191 361/299-1201 Phone Fax rcmconstructors@vahoo.com EMail Agreement 00 52 23-6 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 00 30 00 BID FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings,Specifications,and Contract Documents,this Bid Proposal submitted on: 1.02 Submit Bids to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid-Wastewater Service Line Repair and Cleanout Installation and Manhole Ring and Cover Adjustment Program-FY-2014/15 Project No. E14025 ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees,if this Bid is accepted,to enter into an Agreement with Owner on the form included in the Contract Documents,to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders,including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2.04 Bidder acknowledges receipt of the following Addenda: Addendum No. Addendum Date Signature Acknowledging Receipt ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general,local, and Site conditions that may affect cost,progress,and performance of the Work. Bid Form 00 30 00-1 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15-PN E14025 11-25-2013 3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress,and performance of the Work. 3.04 The Bidder has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: N/A A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; N/A B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; N/A C. Underground Facilities referenced in reports and drawings; N/A D. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; N/A and E. Technical Data related to each of these reports and drawings. N/A 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site;and D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information,observations,and documents on: A. The cost, progress,and performance of the Work; B. The means,methods,techniques,sequences,and procedures of construction to be employed by Bidder;and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs,Bidder agrees that no further examinations,investigations,explorations,tests,studies,or data are necessary for the performance of the Work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents. 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents, 3.09 The Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site,reports and drawings identified in the Contract Documents,and all additional examinations, investigations, explorations,tests,studies,and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts,errors,ambiguities,or discrepancies that the Bidder has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Bidder. Bid Form 00 30 00-2 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15-PN E14025 11-25-2013 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents at the unit prices shown in SECTION 00 30 01 BID FORM EXHIBIT A. A. The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive Bid. Owner will,at its discretion,award the Contract to the lowest responsible Bidder for the Base Bid,plus any combination of Add or Deduct Alternates. B. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. C. Bidder acknowledges that the estimated quantities are not guaranteed,and final payment for all Unit Price items will be based on actual quantities provided, measured as provided in the Contract Documents. D. Unit Price and figures column will be used to compute the actual Bid price. ARTICLE 5—EVALUATION OF BIDDERS 5.01 The Owner will consider the greatest amount bid,the Bidder's responsibility,and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder.The Owner reserves the right to waive any and all irregularities in determining the Bidders'responsibility,and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder, and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid, reject any and all Bids,to waive an and all irregularities in the Bids,or to reject non-conforming,non-responsive,or conditional Bids. In addition,the Owner reserves the right to reject any Bid where circumstances and developments have,in the opinion of the Owner,changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility, including information submitted per SECTION 00 45 16 STATEMENT OF EXPERIENCE, may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement,if discovered after award of the Contract to such Bidder, may be grounds for immediate termination of the Contract. Additionally,the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. Bid Form 003000-3 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15-PN E14025 11-25-2013 00 30 01 BID FORM EXHIBIT A Project: Wastewater Service Line Repair&Clean-Out Installation Program and Manhole Ring&Cover Adjustment FY 2014/15 Project E-14025 Owner: City of Corpus Christi,Texas Bidder: RCM CONSTRUCTORS,INC. OAR: Designer: Felix H.Ocanas,Jr.P.E. Basis of Bid Item No. Description Unit Qu nt ed Unit Price Extended Amount Quantity hems in Base Bid(excluding Allowances)per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT Part"A"-Wastewater Clean-Out Installation A 1 Mobilization/Demobilization LS 1 $ 120.00 $ 120 4"Clean-outs,complete in place,per each. EA 295 $ 450.00 $ 132,750 A 2b 6"Clean-outs,complete in place,per each. EA 5 $ 50.00 $ 250 Remove and replace all 4"pipe from the property line/utility easement to A-3 and including the bend,complete in place per linear foot. LF 2950 $ 45.00 $ 132,750 Remove and replace all 6"pipe from the property line/utility easement to A-4 and including the bend,complete in place per linear foot. LF 60 $ 9.00 $ 540 Remove and replace all 4"pipe from the bend to the main,where main A-5 depth is 0 to five feet,complete in place per linear foot. LF 341 $ 40.00 $ 13,640 Remove and replace all 4"pipe from the bend to the main,where main A-5a depth is 5 to ten feet,complete in place per linear foot. LF 40 $ 30.00 $ 1,200 Remove and replace all 4"pipe from the bend to the main,where main A-Sb depth is over 10 feet,complete in place per linear foot. LF 40 $ 20.00 $ 800 Remove and replace all 6"pipe from the bend to the main,where main A-B depth is 0 to 5 feet,complete in place per linear foot. LF 30 $ 9.00 $ 270 Remove and replace all 6"pipe from the bend to the main,where main A-6a depth is 5 to 10 feet,complete in place per linear foot. LF 16 $ 9.00 $ 144 Remove and replace all 6"pipe from the bend to the main,where main A-6b depth is over 10 feet,complete in place per linear foot. LF 16 $ 9.00 $ 144 A-7 Trench Safety Measures,complete in place per linear foot. LF 973 $ 1.00 $ 973 Install new taps to main in accordance with City standard plans and A-8 specifications,replacing(1)one joint of main, where main depth is 0 to 5 EA 36 $ 300.00 $ 10,800 feet,complete in place per each. Install new taps to main in accordance with City standard plans and A-sa specifications,replacing(1)one joint of main, where main depth is 5 to EA 4 $ 275.00 $ 1,100 10 feet,complete in place per each. Install new taps to main in accordance with City standard plans and A-8b specifications,replacing(1)one joint of main, where main depth is over EA 4 $ 250.00 $ 1,000 10 feet,complete in place per each. Additionalmain line removal and replacement complete in place per linear A-9 foot LF 400 $ 45.00 $ 18,000 Remove and reinstall existing fence,complete in place per linear foot A-10 LF 140 $ 2.00 $ 280 A-11 Sod,complete in place per square foot. SF 40 $ 2.00 $ 80 Proposal Form Exhibit A 00 30 01-1 Item Description Unit Estimated Unit Price Extended Amount No. Quantity Concrete flatwork repair,(driveways,sidewalks)in accordance with City A-12 standard plans and specifications,complete in place per square foot. SF 500 $ 15.00 $ 7,500 Closed circuit television pipeline inspection of service line/taps(1 foot to 40 feet) from the cleanout down to the sewer main(see technical A-13 specification T-2),complete in place per each. EA 295 $ 2.00 $ 590 Closed circuit television pipeline inspection of replaced mains. Contractor must televise,after rehabilitation,the replaced main portion or,a A-14a minimum of ten feet in both directions from new main tap,whichever is LF 1830 $ 2.00 $ 3,650 greater (see technical specification T-2),complete in place per Linear Foot. Closed circuit television pipeline inspection of exposed and accessible, existing mains. Contractor must televise a minimum of ten feet in both A-14b direction from existing main tap,(see technical specification T-2), LF 1575 $ 2.00 $ 3,150 complete in place per Linear Foot. Flexible base-Limestone repair,complete in place per square yard. A-15 SY 56 $ 10.00 $ 560 Asphalt pavement repair,(HMAC)complete in place per square yard. A-16 SY 290 $ 25.00 $ 7,250 Installation of driveway clean out boot,complete in place per each. A-17_ EA 10 $ 200.00 $ 2,000 Install new taps to main in accordance with City Standard plans and A-18 specifications,replacing(1)joint of pipe penetrating the manhole, EA 10 $ 200.00 $ 2,000 complete in place per each. Curb and Gutter Replacement,complete in place per Linear foot. A-19 LF 50 $ 10.00 $ 500 Subtotal Base Bid Items Amount(Line Items A-1 thru A-19) Part"8"Sanitary Sewer Manhole Ring&Cover Adjustment Sanitary Sewer Manhole Ring&cover Adjustments,including New Manhole Ring&Cover Assembly with New HDPE Height Adjustment Rings, B-1 Stainless Steel Inflow Inhibitor and with Concrete Collar,complete in place EA 160 $ 1,350.00 $ 216,000 per each. Removal&Replacement of Pavement,Pavement Repairs,complete in B-2 place per Square Yard. SY 80 $ 10.00 $ 800 Subtotal Base Bid Items Amount(Line Items B-1 thru B-2) $ 216,800 Part"C"Storm Water Manhole Ring&Cover Adjustment Storm Water Manhole Ring&cover Adjustments,including New Manhole C-1 Ring&Cover Assembly with New Concrete Height Adjustment Rings and EA 65 $ 1,200.00 $ 78,000 with Concrete Collar,complete in place per each. Removal&Replacement of Pavement,Pavement Repairs,complete in C-2 place per Square Yard. SY 54 $ 10.00 $ 540 Subtotal Base Bid Items Amount(Line Items C-1 thru C-2) $ 78,540 Proposal Form Exhibit A 00 30 01-2 • Item Estimated Description Unit Unit Price Extended Amount No. Quantity Part"D"Allowance In Base Bid Per Section 0123 10 Alternates and Allowances D-1 Allowance for unanticipated Waste Water Clean-Out Installations is 1 $20,000 $20,000 Subtotal Allowance Amount(Line Item D-1) $20,000 BID SUMMARY SUBTOTAL PART A-WASTEWATER CLEAN-OUT INSTALLATION(Items A-1 thru A-19) $ 342,051.00 SUBTOTAL PART B- SANITARY SEWER MANHOLE RING&COVER ADJUSTMENT(Items B-1 thru 8-2) $ 216,800.00 SUBTOTAL PART C-STORM WATER MANHOLE RING&COVER ADJUSTMENT(Items C-1 thru C-2) $ 78,540.00 SUBTOTAL PART D-ALLOWANCE AMOUNT FOR UNANTICIPATED WASTE WATER CLEAN-OUT INSTALLATIONS $20,000 TOTAL PROJECT BASE BID(PARTS A,B,C&0) $ 657,391.00 Contract Times E Bidder agrees to reach final completion 365 Days Proposal Form Exhibit A 00 30 01-3 body authorizing the submission of the Bid and designating the individual(s)authorized to execute documents on behalf of the Bidder. Bidders using an assumed name(an"alias")shall submit a copy of the Certificate of Assumed Name or similar document. 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency,or as otherwise existing. ARTICLE 11—BID SUBMITTAL 11.01 This Bid is submitted by: Bidder: RCM CONSTRUCTORS, INC. / '(typeed or printed full legal name of Bidder) ty By: u G, i' r' L.J, (individual's signature) Name: 1t',. Ai c ' Pv— (typed or printed) Title: (typed or pri ed) Attest: (individual's signature) State of Residency: TEXAS Federal Tax Id.No. 46-0479075 Address for giving notices: P. O. Box 9338 Corpus Christi, Texas 78469 Phone: 361-299-1191 Email: rcmconstructors@yahoo.com (Attach evidence of authority to sign if the authorized individual is not the Bidder,but an Individual signing on behalf of another individual Bidder,or if the authorized individual is a representative of a corporation,partnership,or joint venture.) END OF SECTION Bid Form 00 30 00-S WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15-PN E14025 11-25-2013 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder" refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of Ila Bidder(includes parent company or majority owner) qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: I� \ Ci°N Si-b t.' �'�cSv>, /-tip ' (typed or printed) By: (signature—attach evidence of authority to sign) Name: Ctti4 . j'111,/NAc,2 (typed or printed) Title: f- 9 Business address: f}t;' . 4c)( Q 33 C 0 r�7� S C h y •S/, 6 /Z 7d' Y � r�1 t V. ; (`U'v p c C-h v i S)i / 7 j- k 5-- Phone: Phone: 3C ( '-) `I `J �( �l/ Email: yrrl 004, yfft,e • t� END OF SECTION Compliance to State Law on Nonresident Bidders 00 30 02-1 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code Date Rete tied by a person who has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local ''��Government Code.An offense under this section is a Class C misdemeanor. .J Name of person who has a business relationship with lo4o ernmental entity. _21n Check this box if you are filing an updlte to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally sled estionnaire becomes incomplete or inaccurate.) Name of local government officer with whom filer has e ployrhen o business relationship. Name o Officer This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receivi g or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income,from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No D. Describe each employment or business relationship with the local government officer named in this section. /0,1'4 Y24,74.0,4L. • g itt Signature of person doing business with the governmental entity Date Adopted 06/29/2007 nh,„, SUPPLIER NUMBER WI TO BE ASSIGNED BY-CITY = PURCHASING DIVISION City of CITY OF CORPUS CHRISTI CorptiN DISCLOSURE OF INTEREST Christi 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: TV P.O.BOX: (i 2 3 0" C, c , .-I —TeS ( �, STREET ADDRESS: 4 7 ( tYy1 f )i S C),i y;0( ZIP: 7a' ' I ti� CITY: Cc r FIRM IS: I. Corporation 2. Partnership J 3. Sole Owner ❑ 4. Association 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) N) 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 N \e" 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: /\ S�ct ,J 1 L 7 t,,J I 2., Title: rrype or Print) Signature of Certifying C /� 7 Date: 7- 16 - /y 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. 00 30 06 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi,Texas 1201 Leopard Street Corpus Christi,Texas 78401 CONTRACT: Wastewater Service Line Repair and Cleanout Installation and Manhole and Ring Cover Adjustment Program—FY-2014/15 PN E14025 Bidder certifies that the it has not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding;or with any official or employee of the Owner as to quantity,quality,or price in the prospective contract, or any other terms of said prospective contract;or in any discussion between Bidders and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract. Company Name: / \ ( )1/1 Co t, 0 V`,' c V , TAA_ (typed or printed) By: /re". /'L (signature--attach evidence of authority to sign) Name: v/i,` �4, (� �NfU�c`��c (typed or printed) /) Title: v`(-5 , Business address: t , J 6 '1 , 3 ( G)-jJL's / !a) 416 f `�f d 6 C`-P C vrY pus C s 'ix 7a,koY. Phone: -3 6f-d 9 y.. %/ qi Email: Y,C f-v)CO,uy4 Vv c-4uY 3 (Pc,2hca ,(1-1/ END OF SECTION Non-Collusion Certification 00 30 06-1 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 00 61 13 PERFORMANCE BOND BOND NO. 712750P Contractor as Principal Surety Name:DEVELOPERS SURETY AND INDEMNITY Name: RCM Constructors,Inc. ` COMPANY Mailing address(principal place of business): Mailing address(principal place of business): P.O.Box 9338 2591 DALLAS PARKWAY, SUITE 105 Corpus Christi,TX 78469 FRISCO, TEXAS 75034 Physical address (principal place of business): Owner 2591 DALLAS PARKWAY, SUITE 105 ,/ FRISCO, TEXAS 75034 Name: City of Corpus Christi,Texas Mailing address(principal place of business): Capital Programs Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: CALIFORNIA Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: % Telephone (main number): #E14025 Wastewater Service Line Repair and (972) 870-0400 Cleanout Installation and Manhole Ring and Telephone (for notice of claim): Cover Adjustment Program FY 2014-15 (800) 782-1546 Local Agent for Surety Name:SWANTNER & GORDON INSURANCE AGENCY Award Date of the Contract: September 30,2014 Address: P.O. BOX 870 CORPUS CHRISTI, TEXAS 78403 Contract Price: $657,391.00 Bond Telephone: (361) 883-1711 .' Email Address: mmoore@s-gins.com Date of Bond: OCTOBER 7, 2014 The address of the surety company to which any notice of claim should be sent may be obtained (Date of Bond cannot be earlier than Award Date from the Texas Dept. of Insurance by calling the of the Contract) following toll-free number:1-800-252-3439 Performance Bond 00 6113-1 Corpus Christi Standards-Regular Projects 7-8-2014 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves,and their heirs, administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Prin ' al f Surety Signature: s^r` ` P4.-A.jay— Signature: (Pl�jirr ,7/LC Name: ROLANDO MENDOZA Name: ,N MOC)RR Title: pRRgMRNT Title: ATTORNEY IN FACT Email Address:rcmconstructors@yahoo.corn Email Address: mmoore@s-gins.com (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 00 61 13-2 Corpus Christi Standards-Regular Projects 7-8-2014 00 6116 PAYMENT BOND BOND NO. 712750P Contractor as Principal Surety DEVELOPERS SURETY AND INDEMNITY Name: RCM Constructors,Inc. Name: COMPANY Mailing address(principal place of business): Mailing address (principal place of business): P.O.Box 9338 2591 DALLAS PARKWAY, SUITE 105 Corpus Christi,TX 78469 FRISCo, TEXAS 75034 Physical address(principal place of business): Owner 2591 DALLAS PARKWAY, SUITE 105 Name: City of Corpus Christi,Texas FRISCO, TEXAS 75034 Mailing address(principal place of business): Capital Programs Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: CALIFORNIA Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: i Telephone (main number): #E14025 Wastewater Service Line Repair and (972) 870-0400 Cleanout Installation and Manhole Ring and Cover Adjustment Program FY 2014-15 Telephone (for notice of claim): • (800) 782-1546 Local Agent for Surety Name: SWANTNER & GORDON INSURANCE AGENCY Award Date of the Contract: September30,2014 Address: P.O. BOX 870 Contract Price: $657,391.00 CORPUS CHRISTI, TEXAS 78403 Bond Telephone: (361) 883-1711 Email Address:mmoore@s—gins.corn Date of Bond: OCTOBER 7, 2014 The address of the surety company to which any (Date of Bond cannot be earlier than Award Date notice of claim should be sent may be obtained of Contract) from the Texas Dept. of Insurance by calling the following toll-free number:1-800-252-3439 Payment Bond Form 00 61 16-1 Corpus Christi Standards-Regular Projects 7-8-2014 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer,agent or representative. The Principal and Surety bind themselves, and their heirs,administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect.Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Prin.�( Surety Signature: c -L )714-"A• J0f- Signature: Name: ROLANDO MENDOZA Name: MAR E LEN MOORE Title: PRESIDENT Title: ATTORNEY IN FACT Email Address:rcmconstructors@vahoo,com Email Address: mmoore@s-gins.corn (Attach Power of Attorney and place surety seal below) \`" END OF SECTION Payment Bond Form 00 61 16-2 Corpus Christi Standards-Regular Projects 7-8-2014 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY,does hereby make.constitute and appoint: ***Aaron Jay Endris,James Steven Addkison, Kerry M. McIntosh, Cathleen Hayles, Mary Ellen Moore,jointly or severally"* as its true and lawful Attorney(s)-in-Fact.to make,execute,deliver and acknowledge,for and on behalf of said corporation,as surety,bonds,undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporation could do,but reserving to each of said corporation full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact.pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY.effective as of January 1st,2008. RESOLVED,that a combination of any two of the Chairman of the Board,the President,any Executive Vice-President,Senior Vice-President or Vice-President of the corporation be.and that each of them hereby is,authorized to execute this Power of Attorney.qualifying the attorney(s)named in the Power of Attorney to execute.on behalf of the corporation,bonds,undertakings and contracts of suretyship.and that the Secretary or any Assistant Secretary of the corporation be.and each of them hereby is.authorized to attest the execution of any such Power of Attorney: RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF.DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its officers and attested by its Secretary or Assistant Secretary this November 21,2013 Daniel Young.Senior Vice-President '"' "'f�Yi �/ __ -iz`. OCT. += w, 1Q ' By./---- -- �—� --,-......--115- -- o o =r, Mark J.Lansdon,Vice-President :�`: 1936• r .� State of California * D County of Orange """"' On November 21,2013 —_before me.— Antonio Alvarado.Notary Public -- ----- Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Mark J.Lansdon Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized ,�►+ --,,r capacity(ies).and that by his/her/their signaturels)on the instrument the person(s),or the entity upon behalf of j� ANTONIO JLlARA i which the person(s)acted,executed the instrument. 1' ...„,:.. ,L,,,,, �l %. COMM.1 2033556 2 '' }sp,.,',NK3TARY PLIBUC CAUFORMA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is t.�'" true and correct ,�:�t ORANGECOUNTY { " ,��'�°' lwlywn+m-ep�iresAug.ii,3Dt7 al WITNESS my hand and official seal. 411 Place Notary Seal Above Signature Antonio Alvarado,Notary Public CERTIFICATE The undersigned.as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore.that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this 7TH day of OCTOBER, 2014 . 1 .4' r j -r4_.. Cassie J.Bernsford., ssistant Secretary ID-1438(Rev.11/13) IMPORTANT NOTICE AVISO IMPORTANCE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call the Surety's toll free telephoen number Usted puede llamar al numero de telefono gratis de for information or to make a complaint at: para informacion o para someter una queja al: 1-800-782-1546 1-800-782-1546 You may also write to the Surety at: Usted tanbien puede escribir a Surety at: P.O.Box 19725 P.O.Box 19725 Irvine,CA 92623-9725 Irvine,CA 92623-9725 You may contact the Texas Department of Insurance Puede comunicarse con el Departamento de Seguros to obtain information on companies, cle Texas para obtener informacion acerca de compa- coverage,rights or complaints at: nias,coberturas,derechos o quejas al: 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Insurance at: Puede escribir al Department()de Seguros de Texas P.O.Box 149104 P.O.Box 149104 Austin,TX 78714-9104 Austin,TX 78714-9104 Fax#512-475-1771 Fax#512-475-1771 web:http://www.tdi.state.tx.us web: http://www.tdi.state.tx.us E-mail:ConsumerProtection@tdi.state.tx.us E-mail:ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you DISPUTAS SOBRE PRIMAS 0 RECLAMOS: have a dispute concerning your premium or about a Si tiene una disputa concerniente a su prima o a un claim you should contact the Surety first. If the reclamo,debe comunicarse con el Surety primero.Si dispute is not resolved, you may contact the Texas no se resuelve la disputa, puede entonces comuni- Department of Insurance. carrse con el departamento (TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTEAVISOA SU POLIZA:Este aviso es solo This notice is for information only and does not para proposito de informacion y no se convierte en become a part or condition of the attached document. parte o condicion del documento adjunto. TME IPISON ICCI GROUP Insco Insurance Services, Inc. Underwriting Manager for: Developers Surety and Indemnity Company• Indemnity Company of California 17771 Cowan, Suite 100 Irvine, CA 92614 1-800-782-1546 www.lnscoDico.com ID-1404(TX)(Rev.5/12) A ® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 10/6/2014 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). CONTACT PRODUCER NAME: Donna Tischler Swantner&Gordon Insurance Agency PHONE FAX A Higginbotham Company EArc.No.Ext):361-883 1711 (NC,Noh3_61-844-0101 PO Box 870 ADOREss:dtischier@s-gins.com Corpus Christi TX 78403-0870 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:America First Lloyds Insurance Comp 11526 INSURED RCMCO1 INSURERa:Peerless Indemnity Insurance Compan 18333 RCM Constructors,Inc. / INSURER C:America First Insurance Co. 12696 P.O. Box 9338 INSURER D:Texas Mutual Insurance Company 22945 Corpus Christi TX 78469 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:565618176 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR ,INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY), LIMITS A GENERAL LIABILITY / GL6876555 7/18/2014 7/18/2015 EACH OCCURRENCEDGE TO RENTED $1,000,000 X COMMERCIAL GENERAL LIABILITY PREM SES Ea occurrence) $100,000 CLAIMS-MADE X OCCUR / MED EXP(Any one person) $5,000 _ PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE / $2,000,000 GEN_AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG 52,000,000 _ nPOLICY n PE 4 n LOC $ B AUTOMOBILE LIABILITY l COMBINED SINC•LL UMI I BA6876553 7/18/2014 7/t 812015 (Ea accident) $1,000,000 ANY AUTO / BODILY INJURY(Per person) $ ALL OWNED X SCHEDULED / BODILY INJURY(Per accident) $ _ AUTOS _AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ _ AUTOS (Per accident) / $ C X UMBRELLA LIAB X OCCUR G CU8865224 7/18/2014 7/18/2015 EACH OCCURRENCE _ $1,000,000 _ EXCESS LIAB CLAIMS-MADE / AGGREGATE $1,000,000 / DED X RETENTION$10,000 $ D WORKERS COMPENSATION /' TSF0001119432 7/19/2014 7/19/2015 X WRY LIMBS T AND EMPLOYERS'UABILRY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE / E.L.EACH ACCIDENT 51,000,000 OFFICER/MEMBER EXCLUDED? N N/A v (Mandatory In NH) / E.L DISEASE-EA EMPLOYEE 51,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Corpus Christi-Engineering Services ACCORDANCE WITH THE POLICY PROVISIONS. Contract Administrator P.O. Box 9277 AUTHORIZED REPRESENTATIVE Corpus Christi TX 78469-9277 540.):A4 l ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: RCMCO1 �.� LOC#: ACGREP ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Swantner&Gordon Insurance Agency RCM Constructors, Inc. POLICY NUMBER P.O.Box 9338 Corpus Christi TX 78469 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE General Liability: The General Liability policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it.[Waiver of Transfer of Rights of Recovery, Form 22-126 01/08]. The General Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder on a Primary and Non-Contributory basis for ongoing operations only when there is a written contract between the insured and certificate holder that requires such status.[Additional Insured-Owners,Lessees Or Contractors—Automatic Status When Required in Construction Agreement with You,Form 22-132TX 05/12]. The General Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder for completed operations only when there is a written contract between the insured and certificate holder that requires such status.[Additional Insured-Automatic Status When Required in Construction Agreement with You-Contractors-Completed Operations, Form 22-135TX 05/12]. Business Auto: The Business Auto policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it.[Waiver of Transfer of Rights of Recovery Against Others, Form 16-87 11/09]. The Business Auto policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the insured and certificate holder that requires such status.[Business Auto Extension Endorsement, Form 16-59F 05/04]. Workers Compensation: The Workers'Compensation policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it. [Texas Waiver of Our Right To Recover From Others Endorsement,Form WC420304A 01/00]. The Workers'Compensation policy includes Longshore and Harbor Workers'Compensation Coverage-Form TMLHW2001 09/01. Umbrella: Umbrella follows form underlying General Liability,Auto Liability&Employers Liability. *Forms/Endorsements available upon request The General Liability policy includes Form#17-491 (10/10)[Additional Insured-Amendment of Cancellation Provisions or Coverage change advance notice of 30 days,except for non-payment of premium but only when there is a written contract between the insured and certificate holder that requires such status. The Auto Liability policy includes[Commercial Auto Coverage Part Declarations Extension Form#17-59CA(06/94)Amendment of Cancellation Provisions or Coverage change,advance notice of 30 days,except for non-payment of premium but only when there is a written contract between the insured and certificate holder that requires such status. The Workers Compensation policy includes[Texas Notice of Material Change Endorsement Form#WC420601] PROJECT: E14025 Wastewater Cleanout Installation and Manhole Ring&Cover FY2014-15 ✓ ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POUCY. 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 UABIUTY 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 6876555 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 11 — 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","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. However, if you have entered into a construction contract subject to Subchapter C of Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code with the additional insured, the insurance afforded to such person or organization only applies to the extent permitted by Subchapter C of Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code. 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 0 2011 Liberty Mutual Insurance Company.All rights reserved. Includes copyrighted material of Insurance Services Office Inc.,with its permission. 22-132TX(05/12) Page 1 of 2 INSURED COPY J 07118/2014 6876555 NrCODCMAoos PGDM080D J04842 ACAFPPN 00000576 Page 43 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. 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 Dedarations 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. 0 2011 Liberty Mutual Insurance Company.MI rights reserved. Includes copyrighted material of Insurance Services Office Inc.,with its permission. 22-132TX(05/12) Page 2 of 2 INSURED COPY 07/18/2014 6876555 MCODCMA� PGDM0600 J04842 ACAFPPN 00000577 Page 44 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. However, if you have entered into a construction contract subject to Subchapter C of Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code with the additional insured, the insurance afforded to such person or organization only applies to the extent permitted by Subchapter C of Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code. 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 specified 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: 0 2011 Liberty Mutual Insurance Company.All rights reserved. • Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. 22-135TX(05112) Page 1 of 2 07/18/2014 6876555 NTCODCg INSURED COPY FGOM080D J04842 ACAFPPN 00000578 Page 45 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. 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. 0 2011 Liberty Mutual insurance Company.All rights reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 22.135TX(05/12) Page 2 of 2 INSURED COPY 07/18/2014 6876555 NTCODCMA006 PGDM060D 404842 ACAFPPN 00000579 Page 46 o, 3 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 6876555 • Policy Number: BA 6876553 V' Coverage Is Provided In PEERLESS INDEMNITY INSURANCE COMPANY Named Insured: Agent: RCM CONSTRUCTORS INC HIGGINBOTHAM&ASSOCIATES INC Agent Code: 9711144 Agent Phone: (361)-883-1711 THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. \A/AIAIVER 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"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 (11109) INSURED COPY 07/18/2014 6876553 NPC650P 0506 PGDM060D J29108 ACAFPPN 00000625 Page 31 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 Ni 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. 14. 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 `�= Liberty �f Mutual. INSURANCE Forming a part of Policy Number: BA 6876553 Coverage Is Provided In PEERLESS INDEMNITY INSURANCE COMPANY Named Insured: J Agent: RCM CONSTRUCTORS INC HIGGINBOTHAM&ASSOCIATES INC Agent Code: 9711144 Agent Phone: (361)-883-1711 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 th e following : Business Auto Coverage Form Garage Covverage Form Motor Carrier Coverage Form In the event of cancellation for any statutorily perm itted reasons other than nonpayment of premium, we ag ree to mail prior notice of cancellation to : SCHEDULE 1 . Name: BLANKET AS REQUIRED BY WRITTEN CONTRACT 2 . Address: / 3 . Number of Dayas Advance Notice: _30 , except - / for non payment of premium. v FAILURE TO MAIL SUCH NOTICE SHALL NOT IMPOSE ANY OBLIGATION OR LIABILITY OF ANY KIND UPON US. Date Issued: 06/05/2014 17-59CA(06/94) INSURED COPY 07/18/2014 6876553 NPC650P 0506 PGDM060D J29108 ACAFPPN 00000629 Page 35 c TeXaSMutuar LIABILITY INSURANCE POLICY 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 - ENGINEERING SER VICES CONTRACT ADMINISTRATOR 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 when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on Oc to b e r 6 , 2014 at 12:31 A.M.standard time,forms a part of Policy No. TSF-0001119432 20140719 of the Texas Mutual Insurance Company Issued to RCM CONSTRUCTORS INC I Endorsement No. 1 Premium$ 0.00 7144.‘32.4-1 ________ Authorized Representative WC420601(ED.1-94) AGENT'S COPY WASENDRS 10-06-2014 TexaS1 ® WORKERSLIABILITY' COMPENSATIONINSURANCE ANDPOLICY EMPLOYERS Insurance Company 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 forthis 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 20140719 of the Texas Mutual Insurance Company Issued to RCM CONSTRUCTORS INC Endorsement No. Premium$ (1441. (J Authorized Representative WC420304A(ED. 1-01-2000) AGENT'S COPY QUSER 7-17-2014