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C2014-303 - 11/18/2014 - Approved
al ('-'" DeI /E in 1 _-- 2014-303 I 11/18/14 Res. 030330 DRC Emergency Services LLC 4 CONTRACT DOCUMENTS FOR CONSTRUCTION OF Master Channel 31 Drainage Channel Excavation PROJECT NUMBER 2235 FY 2013-2014 .:.-7-,‘.•••.* ••:1.d,0, ilk. --* • • * # *% ;*// Ay NICHOLAS A. CECAVA i ,i�:. 97391 14' . t //1 T' �CENS-�'��'�_� =Mar MEM J Gals- (of27/! FREESE AND NICHOLS, INC. C "j0TEXAS REGISTERED 1 ENGINEERING FIRM F-2144 Corpus Christi Freese and Nichols, Inc. Record Drawing Number STO-562 JUNE, 2014 'il 00 01 00 TABLE OF CONTENTS Division/ Title Section Division 00 Procurement and Contracting Requirements 00 11 16 Invitation to Bid 00 21 13 Instructions to Bidders 00 30 00 Bid Form 00 30 01 Bid Form Exhibit A 00 30 02 Compliance to State Law on Nonresident Bidders 00 30 04 Conflict of Interest Questionnaire 00 30 05 Disclosure of Interest 00 30 06 Non-Collusion Certification 00 45 16 Statement of Experience 00 52 23 Agreement 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 Division 01 General Requirements 01 11 00 Summary of Work 01 23 10 Alternates and Allowances 01 29 00 Application for Payment Procedures 01 29 01 Measurement and Basis for Payment 01 31 00 Project Management and Coordination 01 31 13 Project Coordination 01 31 14 Change Management 01 33 00 Document Management 01 33 01 Submittal Register 01 33 02 Shop Drawings Table of Contents 00 01 00- 1 Master Channel 31 Drainage Channel Excavation Project No. 2235 REV 03-18-2014 Division/ Title Section 01 33 03 Record Data 01 33 04 Construction Progress Schedule 01 33 05 Video and Photographic Documentation 01 40 00 Quality Management 01 50 00 Temporary Facilities and Controls 01 57 00 Temporary Controls 01 70 00 Execution and Closeout Requirements Part S Standard Specifications 021080 Removing Old Structures S55 022022 Trench Safety for Excavations 022100 Select Material S15 022420 Silt Fence S97 025612 Concrete Sidewalks and Driveways S53 025802 Temporary Traffic Controls During Construction 027402 Reinforced Concrete Pipe Culverts S60 028020 Seeding S14 028040 Sodding S8 030020 Portland Cement Concrete S40 032020 Reinforcing Steel S42 038000 Concrete Structures S41 Part T Technical Specifications 022020 Excavation and Backfill for Utilities and Sewers w` 022021 Control of Ground Water 022060 Channel Excavation .� 022080 Embankment 31 35 19.16 Erosion Control for Protection of Stable Soil Slopes END OF SECTION .. Table of Contents 00 01 00-2 Master Channel 31 Drainage Channel Excavation Project No. 2235 REV 03-18-2014 a L L 00 11 16 INVITATION TO BID i ARTICLE 1—GENERAL NOTICE 1.01 The City of Corpus Christi,Texas(Owner) is requesting Bids for the construction of the following Project: Master Channel 31 Drainage Channel Excavation Project No. 2235 for FY 2013-2014 A. Project includes improvements to the Master Channel 31 drainage channel from Lipes Drive extending approximately 7,500 linear feet downstream past Cimarron Drive to the storm drainage outfall of the Yorktown Blvd. Phase 2 project just upstream of Rodd Field Road. The project will address slope repair,slope stabilization,and re-grading of the channel. The project also includes adding concrete slope protection at two bends in the channel downstream of Cimarron Drive and will also repair several storm drainage pipe outfalls that are causing erosion of the slope embankment. 1.02 The Engineer's Opinion of Probable Construction Cost for the Project is$866,415. The Project is to be substantially complete and ready for operation within 150 days. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. 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. j ARTICLE 3—PRE-BID CONFERENCE 3.01 A non-mandatory pre-bid conference for the Project will be held on Tuesday,July 15,2014 at 2:00 PM at the following location: City Hall,Engineering Services 3rd Floor Capital Programs Conference Room#1 1201 Leopard Street Corpus Christi,Texas 78401 ARTICLE 4—QUESTIONS REGARDING BIDDING PROCESS OR SOLICITATION DOCUMENTS 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 Invitation to Bid 00 11 16-1 Master Channel 31 Drainage Channel Excavation-Project No.2235 11-25-2013 I t 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. I 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 111 Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. ARTICLE 5—MINORITY/MBE/DBE PARTICIPATION POLICY 5.01 Selected Contractor is required to comply with the Owner's Minority/MBE/DBE Participation I 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. I 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 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. 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 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 2:00 PM. Wednesday,July 23,2014 to be accepted. The Bids will be publicly opened and read aloud at this time and 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 - Master Channel 31 Drainage Channel Excavation (Project No. 2235,FY2013-2014) I I Invitation to Bid 00 11 16-2 Master Channel 31 Drainage Channel Excavation-Project No.2235 11-25-2013 I I 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 E E I C C I I I Invitation to Bid 00 11 16-3 Master Channel 31 Drainage Channel Excavation-Project No.2235 11-25-2013 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 Employer's Liability $500,000/500,000/500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Contractor's 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 Master Channel 31 Drainage Channel Excavation-Project No. 2235 REV 03-17-2014 3 I B. Provide endorsements to the policies as outlined in this Section. 3 C. Obtain insurance from companies that are duly licensed or authorized in the State of Texas 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. 3 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 full3 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. 3 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 this3 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 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. 1.03 CONTRACTOR'S INSURANCE A. Purchase and maintain workers'compensation and employer's liability insurance for: J 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 Master Channel 31 Drainage Channel Excavation-Project No.2235 REV 03-17-2014 1 Yw p tar 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: i" 1. Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; y,,, 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 ir. 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 WIN 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 kis 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 Master Channel 31 Drainage Channel Excavation-Project No.2235 REV 03-17-2014 3 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 3 the Work while in transit or in storage. 2. Blanket contractual liability coverage for Contractor's contractual indemnity 3 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. 3 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 additional insureds; 3. Include coverage for the respective officers, directors, members, partners, employees, 3 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 policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. Insurance Requirements 00 72 01-4 Master Channel 31 Drainage Channel Excavation-Project No.2235 REV 03-17-2014 1 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 ir. 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. r. 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 j,. 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 le 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. imp 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; 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 %., Insurance Requirements 00 72 01-5 Master Channel 31 Drainage Channel Excavation-Project No. 2235 REV 03-17-2014 ir• 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 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. 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 agreed to in writing by Owner and Contractor. B. Evidence of insurance provided must contain a provision or endorsement that the coverage 3 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 3 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. 3 1.06 WAIVER OF RIGHTS A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified 111 in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. Insurance Requirements 00 72 01-6 Master Channel 31 Drainage Channel Excavation-Project No.2235 REV 03-17-2014 Iwo 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 `r 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 top 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; Ir. 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. 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 Insurance Requirements 00 72 01-7 Master Channel 31 Drainage Channel Excavation-Project No.2235 REV 03-17-2014 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. 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 Requirements 00 72 01-8 .rw Master Channel 31 Drainage Channel Excavation- Project No. 2235 REV 03-17-2014 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. ir. 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. i"` "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 ire 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. i"" 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: him 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 lire of coverage ends during the duration of the Project. F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery,within 10 days after the Contractor knew or should have known, of any change try 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 te„ Insurance Requirements 00 72 01-9 Master Channel 31 Drainage Channel Excavation-Project No.2235 REV 03-17-2014 3 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. 3 I. The Contractor shall contractually require each person with whom it contracts to provide services on a project,to: 3 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 3 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. 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 by3 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 .11 coverage for the duration of the Project,that the coverage will be based on proper reporting of classification codes and payroll amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured,with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties,criminal penalties, civil penalties,or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by 3 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. Insurance Requirements 00 72 01-10 Master Channel 31 Drainage Channel Excavation-Project No.2235 REV 03-17-2014 C END OF SECTION r rr f L T L r r L f I r Insurance Requirements 00 72 01-11 Master Channel 31 Drainage Channel Excavation-Project No. 2235 REV 03-17-2014 00 73 00 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement SECTION 00 72 00 GENERAL CONDITIONS and other provisions of the Contract Documents. All provisions not amended or supplemented in these Supplementary Conditions remain in effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below. ARTICLE 1—DEFINITIONS AND TERMINOLOGY SC-1.01 DEFINED TERMS A. The members of the OPT as defined in Paragraph 1.01.A.41 consists of the following organizations: City of Corpus Christi,Texas Freese and Nichols, Inc. B. In all specifications, "Engineer" will be interchangeable with "Designer." ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK SC-4.04 DELAYS IN CONTRACTOR'S PROGRESS A. The allocation for delays in the Contractor's progress for rain days as set forth in General Conditions Paragraph 4.04.D are to be determined as follows: 1. Include rain days in developing the schedule for construction. Schedule construction so that the Work will be completed within the Contract Times assuming that these rain days will occur. Incorporate residual impacts following rain days such as limited access to and within the Site, inability to work due to wet or muddy Site conditions, delays in delivery of equipment and materials, and other impacts related to rain days when developing the schedule for construction. Include all costs associated with these rain days and residual impacts in the Contract Price. 2. A rain day is defined as any day in which the amount of rain measured by the National Weather Services at the Power Street Stormwater Pump Station is 0.50 inch or greater. Records indicate the following average number of rain days for each month: Month Day Month Days January 3 July 3 February 3 August 4 March 2 September 7 April 3 October 4 May 4 November 3 June 4 December 3 Supplementary Conditions 00 73 00- 1 Master Channel 31 Drainage Channel Excavation-Project No. 2235 11-25-2013 3. A total of 20 rain days have been set for this Project. An extension of time due to rain days will be considered only after 20 rain days have been exceeded in a calendar year and the OAR has determined that a detrimental impact to the construction schedule resulted from the excessive rainfall. Rain days are to be incorporated into the schedule and unused rain days will be considered float time which may be consumed by the Owner or Contractor in delay claims. ARTICLE 5—AVAILABILITY OF LANDS; SUBSURFACE CONDITIONS AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS SC-5.03 SUBSURFACE AND PHYSICAL CONDITIONS A. Delete Paragraph 5.03 entirely and insert the following: "5.03 Subsurface and Physical Conditions A. No reports of explorations or tests of subsurface conditions at or contiguous to the Site, or drawings of physical conditions relating to existing surface or subsurface structures at the Site, are known to Owner." SC-5.06 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE A. Delete Paragraph 5.06 entirely and insert the following: "5.06 Hazardous Environmental Conditions at Site A. No reports of explorations or tests for Hazardous Environmental Conditions at or contiguous to the Site are known to Owner." ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES SC-7.04 CONCERNING SUBCONTRACTORS, SUPPLIERS,AND OTHERS A. Add the following sentence to the end of Paragraph 7.04.A: "The Contractor must perform at least 50 percent of the Work, measured as a percentage of the Contract Price, using its own employees." END OF SECTION Supplementary Conditions 00 73 00-2 Master Channel 31 Drainage Channel Excavation-Project No. 2235 11-25-2013 00 52 23 AGREEMENT This Agreement,for the Project awarded on November 18,2014 , is between the City of Corpus Christi (Owner)and DRC Emergency Services LLC (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: Master Channel 31 Drainage Channel Excavation Project No.2235,FY 2013-2014 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Freese and Nichols, Inc. 800 N.Shoreline Blvd. Suite 1600N Corpus Christi,TX 78401 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,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 150 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 180 days after the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each, are as defined in SECTION 01 35 00 SPECIAL PROCEDURES. 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 Master Channel 31 Drainage Channel Excavation-Project No.2235 REV 03-18-2014 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. Substantial Completion: Contractor shall pay Owner$500 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. 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. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 01 35 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. 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 $ 883,128.79 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. Agreement 00 52 23-2 Master Channel 31 Drainage Channel Excavation-Project No.2235 REV 03-18-2014 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. 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 carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; Agreement 00 52 23-3 Master Channel 31 Drainage Channel Excavation-Project No.2235 REV 03-18-2014 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any,at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. 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. F. 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. G. 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. H. 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. I. 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. J. 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. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. 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. Agreement 00 52 23-4 Master Channel 31 Drainage Channel Excavation-Project No.2235 REV 03-18-2014 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 01 00 TABLE OF CONTENTS. 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 for the City; C. DIRECTOR OF CAPITAL PROGRAMS; E. CITY SECRETARY for the City. Agreement 00 52 23-5 Master Channel 31 Drainage Channel Excavation-Project No.2235 REV 03-18-2014 The effective date of the Contract is t!- U 010/ /S— . ATTEST (k OF CORP IFV 'ISTI • City SecretaryJ=f •emaker, P.E. A., Aging 'irector of Capital Programs APPROVED AS TO LEGAL FORM Z I/a /i , 11 AU I Uicia.4 Asst.City Attorney1iKCIL........1�- 1'6- IV_ ATTEST(IF CORPORATION) CONTRACTOR ~ SLCkc iARY 44-2eLLCAL�� DRC Emergency Services, LLC (Seal Below) UCS 1311Ju By: .144/47i Note: Attach copy of authorization to sign if Person signing for Contractor is not President, Tit le:1,� SQC'Q*QXu '43fe.96(10 r Vice President, Chief Executive Officer, or Chief Financial Officer 1136 Shelterwood Drive Address Houston, Texas 77008 City State Zip 202/905-7068 Phone Fax tom@tomcombs.net blariviere@drcusa.com EMail END OF SECTION Agreement 00 52 23-6 Master Channel 31 Drainage Channel Excavation-Project No.2235 REV 03-18-2014 ACTION IN LIEU OF A MEETING OF THE MANAGER OF DRC EMERGENCY SERVICES,LLC This action is taken in accordance with Section 10-12-22 of the Alabama Limited Liability Company Act, as amended (the "Act"), in lieu of a meeting of the manager of DRC EMERGENCY SERVICES, LLC, an Alabama limited liability company (the "Company"), and is made effective as of November 26,2014. WHEREAS, Section 4.2 of the Company's Amended and Restated Operating Agreement dated January 11, 2013 (the `JLC Agreement")and the Act permit the manager of the Company to take the following actions; WHEREAS,the undersigned constitutes the sole manager of the Company(the"Manager) NOW,THEREFORE, the undersigned hereby makes the following resolutions and consents to the following actions in lieu of a meeting of the Manager of the Company: 1. It is hereby ratified and reaffirmed that Mark Stafford has been appointed President of the Company to serve in such capacity,until such time,if any,that another President is appointed. 2. It is hereby ratified and reaffirmed that Kristy Fuentes has been appointed Vice President, Secretary and Treasurer of the Company to serve in such capacity, until such time, if any, that another Vice President,Secretary and Treasurer is appointed. 3. The officers of the Company after giving effect to this written consent are hereby authorized and directed on behalf of the Company to execute and deliver such agreements and instruments, make such filings and give such notices,and take any and all such other actions,and to do or cause to be done, such acts as such officers may deem necessary or advisable to accomplish or otherwise implement the purposes of the foregoing resolutions or to cause the Company to perform its obligations under any of the foregoing. 4. All actions taken by any officer of the Company in connection with any of the transactions contemplated by these resolutions are hereby authorized,approved,ratified and confirmed in all respects. 5. This written consent may be executed in counterparts,and all so executed shall constitute one action notwithstanding that all of the undersigned are not signatories to the original or the same counterpart. This written consent shall be filed with the minutes of the proceedings of the Manager of the Company. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] #Consent.DRC Emergency Services LLC(Nov 2014 Officer Ratification)4396194_11)m Dated effective as of the date first written above. MANAGER: 7CGP,LLC By: Scott Go"MT IAG -- By: Mark Stafford,manager [Consent—DRC Emergency Services,LLC(Officer Ratification November 2014)1 00 30 00 BID FORM 1 ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings,Specifications, and Contract Documents,this Bid Proposal submitted on:Wednesday.July 23.2014. 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-Master Channel 31 Drainage Channel Excavation,(Project No.2235, FY 2013-2014) 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: AddendunrNo. .Addendum Date. .5ignatuie Acknowledging Receipt, 1 7/17/2014 • 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 Master Channel 31 Drainage Channel Excavation-Project No.2235 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: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions, if any,at or adjacent to the Site; and E. Technical Data related to each of these reports and drawings. 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 Master Channel 31 Drainage Channel Excavation-Project No.2235 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 • S.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 any 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 4516 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 00 30 00-3 Master Channel 31 Drainage Channel Excavation-Project No.2235 11-25-2013 ARTICLE 6—TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated in SECTION 00 30 01 BID FORM EXHIBIT A. ARTICLE 7—ATTACHMENTS TO THIS BID 7.01 The following documents are attached to and made a condition of this Bid: A. Bid Security. B. SECTION 00 30 01 BID FORM EXHIBIT A. C. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. D. SECTION 00 3004 CONFLICT OF INTEREST QUESTIONNAIRE. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. F. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. ARTICLE 8—DEFINED TERMS • • 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. .The significance of terms with initial capital letters is described in the General Conditions. - ARTICLE 9—VENUE • 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. ARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name, state of residency,and federal tax identification number in the Bid Form. 10.02 The Bidder,or the Bidder's authorized representative,shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner,or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s)signing the Bid must have the authority to bind the Bidder to a contract,and if required, shall attach documentation of signatory authority to the Bid Form. • 10.03 Bidders who are individuals("natural persons"as defined by the Texas Business Organizations Code§1.002), but who will not be signing the Bid Form personally,shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with • their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s)authorized to Bid Form 00 30 00-4 Master Channel 31 Drainage Channel Excavation-Project No.2235 11-25-2013 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: DRC Emergency Services, LLC (typed printed full le me of 'drier) By: (indivi ual's gnature) • Name: Byron Jorns (typed or printed) Title: Director of Government Affairs (typed or printed) • Attest: jr'lltj(individual's signature) State of Residency: Alabama Federal Tax Id. No. 63-1283729 Address for giving notices: 1136 Shelterwood Drive • Houston, TX 77008 Phone: (202) 905-7068 Email: tom@tomcombs.net or blariviere@drcusa.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 00-5 Master Channel 31 Drainage Channel Excavation-Project No.2235 11-25-2013 RESOLUTION AND UNANIMOUS WRITTEN CONSENT OF DRC EMERGENCY SERVICES,LLC FEBRUARY 6,2014 DRC Emergency Services,LLC,acting herein through the unanimous written consent of its undersigned sole Manager,does hereby adopt the following resolution: BE IT RESOLVED that the following persons, in their respective corporate capacities indicated below, are hereby authorized and empowered to sign any and all documents necessary for the execution of contracts with,and submission of bids,proposals,offers,responses and other documents to, any federal, state or local government, including any governmental entity, organization, body, agency, department or political subdivision, for the transaction of business by or on behalf of DRC Emergency Services,LLC: NAME OFFICE/CAPACITY Mark Stafford President/CEO Stewart G.Fuzzell,Jr. Vice President/Secretary Byron Jams Director of Government Affairs Kristy Fuentes Vice President of Business Development and Assistant Secretary Thus done and signed on this 6th day of February 2014. cott Gold,on behalf of 7CGP, LLC,sole Manager of DRC Emergency Services,LLC ATTEST: The foregoing instrument represents a true and accurate statement of the action of DRC Emergency Services,LLC taken on February 6,2014. Stewart G.Fuzzell,Jr.Vice President and Secretary DRC Emergency Services,LLC 00 30 01 BID FORM EXHIBIT A Project: Master Channel 31 Drainage Channel Excavation,(Project No.2235,FY 2013-2014) Owner: City of Corpus Christi,Texas Bidder: DRC EMERGENCY SERVICES,LLC. Bid Date: 23-Jul-14 I OAR: TBD Designer: Freese and Nichols,Inc. Basis of Bid Rem Description Estimated3 Extended amnia No. Quantity Items in Base Bid Al Mobilization/Bonds/Insurance LS 1 552,000.00 S52.000 - 00 1- A2 Dewatering/Control of Ground Water . LS 1 S25,000.00 S25,000- 00 s"' A3 Channel Compacted Backfill CY 910 S5.50 55,005 - 00 - A4 Channel Excavation(Flat Bottom Varies w/3:1 Side Slopes) _ CY 7,430 $9.56 S71,030- 80-'- AS Channel Excavation(Regrade Bottom Only) CY 2,280 $4.56 S 10.396- 80/ A6 Pilot Channel LF 3,145 S24.00 S75.480 -00 A7 Clean and Reseal Exist.Expansion Joints and Cracks LS 1 S23,104.00 S23,104- 00 A8 Remove Silt and Debris from Existing Culverts L5 1 S2,800.00 , S2,800- 00 A9 Remove and Dispose of Exist.2-6'x9'x 32'Lg.R.C.B. LS 1 S20,000.00 520,000- 00 A10 Cement-Stabilized Sand CY 100 ' $45.00 $4,500- 00 All Graded Rock Rip-Rap CY 1,415 $92.00 $130,180- 00 Al2 6"Reinforced Concrete Rip-Rap SF 13,760 $11.67 S160.579- 20 A13 Remove and Replace 4"Concrete Sidewalk SF 235 S6.55 S 1.539- 25 A14 12"Dia.RCP(Class Ill) LF 8 S32.00 S256 - 00-' A15 18"Dia.RCP(Class III) • LF 24 $38.00 S912 - 00'' A16 24"Dia.RCP(Class III) LF 24 $48.00 S1.152 - 00-'`. A17 30"Dla.RCP(Class III) IF 16 S65.00 S 1.040 - 00 V A18 36"Dia.RCP(Class III) LF 16 S72.00 S1,152 - 00`"' A19 24"Dia.PVC Pipe LF 16 S24.00 $384 - 00`v A20 Trench Safety LF 104 S48.56 S5,050 - 24�. A21 Miter Cut Storm Outfall Pipe EA 13 S250.00 S3.250 -00 A22 4"Topsoil SY 32,800 S3.34 S109,552 - 00 / . A23 Seeding for Erosion Control SY 14,250 S0.75 S10,687 -50" A24 Block Sod SY 100 S4.85 S485 -00/ A25 Silt Fence For Storm Water Pollution Prevention IF 3,300 S4.65 S15.345 -00I"" A26 12"Erosion Control Log LF 80 S8.10 S648 - 00" A27 Storm Water Pollution Prevention Control L5 1 S75.000.00 S75.000 -00 A28 Landlok Turf Reinforcement Mat SF 32,800 S0.75 S24.600 -00/ A29 Traffic Control _ LS 1 52.000.00 52,000 - 00'1 A30 Unanticipated Storm Water Improvements LS 1 50,000.00 50,000.00 L TOTAL PROJECT BASE BID(Base Bid Line Item Al through A30) $ 883.128 -791" Contract Times E Bidder agrees to reach Substantial Completion in 150 days F Bidder agrees to reach Final Completion in 180 days Bid Form Exhibit A • Master Channel 31 Drainage Channel Excavation-Project No.2235 00 30 01 -1 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 nonresidentbidders. 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. gj Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of Alabama . 0 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: 740 Museum Drive (typed or printed) By: (signatu --attach evidence of authority to sign) Name: Byron Joins (typed or printed) Title: Director of Government Affairs Business address: 740 Museum Drive Mobile, AL 36608 Phone: (251) 343-3581 Email: tom@tomcombs .net END OF SECTION Compliance to State Law on Nonresident Bidders 00 30 02-1 Master Channel 31 Drainage Channel Excavation-Project No.2235 11-25-2013 RESOLUTION AND UNANIMOUS WRITTEN CONSENT OF DRC EMERGENCY SERVICES,LLC FEBRUARY 6,2814 DRC Emergency Services,ILC,acting herein through the unanimous written consent of its undersigned sole Manager,does hereby adopt the following resolution: BE IT RESOLVED that the following persons, in their respective corporate capacities indicated below, are hereby authorized and empowered to sign any and all documents necessary for the execution of contracts with,and submission of bids,proposals,offers,responses and other documents to, any federal, state or local government, including any governmental entity, orgsni7s,tion, body, agency, department or political subdivision, for the transaction of business by or on behalf of DRC Emergency Services,LLC: NAME OFFICE/CAPACITY Mark Stafford President/CEO Stewart G.Fuzzell,Jr. Vice President/Secretary Byron Jorns Director of Government Affairs Kristy Fuentes Vice President of Business Development and Assistant Secretary Thus done and signed on this 6th day of February 2014. Ston Gold,on behalf of 7CGP, LLC, sole Manager of DRC Emergency Services,LLC ATTEST: The foregoing instrument represents a true and accurate statement of the action of DRC Emergency Services,LW taken on February 6,2414. Stewart G.Furzell,Jr. Vice President and Secretary DRC Emergency Services,LLC 00.30 04 CONFLICT OF INTEREST QUESTIONNAIRE 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 Received 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. 1 Name of person who has a business relationship with local governmental entity. • N/A 2 ❑ Check this box if y ou are filing an update to a previously filed questionnaire. N/A (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 filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has employment or business relationship. N/A Name of Officer This section (item 3 including subparts A, B, C & 0) must be completed for each officer with whom the filer has an employment or other business relationshipas defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. • A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment income, from the filer of the questionnaire? n 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? nYes n 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 n No D. Describe each employment or business relationship with the local government officer named in this section. 7-21-2014 Signature of pets doing siness with the governmental entity Date Adopted 06/29/2007 00 30 05 City of Corpus Christi Disclosure of Interest SUPPLIER NUMBER 'ID BE ASSIGNED BY CITY PURCHASING DIVISION wr. City of CITY OF CORPUS CHRISTI Corpus 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: DRC Emergency Services, LLC P.O.BOX: N/A STREET ADDRESS: • 740 Museum Drive CITY: Mobile, AL ZIP:36608 - _ 6608 - FIRM IS: I. Corporation 82. Partnership 3. Sole Owner El4. Association 5. Other Limited Liability Company DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of thisage 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/A . 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/A 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 N/A • 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 N/A 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: Byron Jorns Title: Director of Govt . Affairs (Ty'Pc or Print) Signature of Certifying Date: • Person: 7-21-2014 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: Master Channel 31 Drainage Channel Excavation Project No.2235, FY 2013-2014 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: DRC Emergency Services, LLC (typed or printed) By: (s gnoture—a ach ev' ence of authority to sign) Name: Byron Jorns (typed or printed) Title: Director of Government Affairs Business address: 740 Museum Drive . Mobile, AL 36608 • Phone: (251) 343-3581 Email: tom®tomcombs .net END OF SECTION • • Non-Collusion Certification 00 30 06-1 Master Channel 31 Drainage Channel Excavation-Project No.2235 11-25-2013 RESOLUTION AND UNANIMOUS WRITTEN CONSENT OF DRC EMERGENCY SERVICES,LLC FEBRUARY 6,2014 DRC Emergency Services,LLC,acting herein through the unanimous written consent of its undersigned sole Manager,does hereby adopt the following resolution: BE IT RESOLVED that the following persons, in their respective corporate capacities indicated below, are hereby authorized and empowered to sign any and all documents necessary for the execution of contracts with,and submission of bids,proposals,offers,responses and other documents to, any federal, state or local government, including any governmental entity, organirAtion, body, agency, department or political subdivision, for the transaction of business by or on behalf of DRC Emergency Services,LLC: NAME OFFICE/CAPACITY Mark Stafford President/CEO Stewart G.Fuzzell,Jr. Vice President/Secretary Byron Joins Director of Government Affairs ICristy Fuentes Vice President of Business Development and Assistant Secretary Thus done and signed on this 6th day of February 2014. cots Gold,on behalf of ' 7CGP,LLC,sole Manager of DRC Emergency Services,LLC ATTEST: The foregoing instrument represents a true and accurate statement of the action of DRC Emergency Services,LLC taken on February 6,2014. .......,)04,174, Stewart G.Fuzzell,Jr. Vice President and Secretary DRC Emergency Services,LLC 00 61 13 PERFORMANCE BOND BOND NO. SUR0027595 Contractor as Principal Surety Name: DRC Emergency Services, LLC Name: Argonaut Insurance Company Mailing address (principal place of business): Mailing address(principal place of business): 1136 Shelterwood Drive PO Box 469012 Houston,TX 77008 San Antonio,TX 78246 Physical address(principal place of business): Owner 225 W.Washington Street,24th Floor Name: City of Corpus Christi,Texas Chicago,IL 60606 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: Illinois 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): (312)849 6979 #2235 Master Channel 31 Drainage Channel Excavation (FY 2013-2014) Telephone(for notice of claim): (312)849 6979 Local Agent for Surety Name: Assurance Agency, Ltd. Award Date of the Contract: Address: 1750 East Golf Road Schaumburg, IL 60173 Contract Price: $883,128.79 Telephone: (847)463-7203 Bond Email Address: hazam@assuranceagency.com Date of Bond: Novermber 20, 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 61 13-1 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 Princ'pal DRC Emer•ency Serviess, LLC Surety Argonaut Insurance Com•any Signature: A�� � ► aSignature: / A/ Name: id U&l t Name: Witham Reidinser Title: . /�'. ,41_; % I do:+ Title: Attorney-In-Fact Email Address: A ' / .Ldyf) Email Address: wreidinger@assuranceagency.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 61 16 PAYMENT BOND BOND NO. SUR0027595 Contractor as Principal Surety Name: DRC Emergency Services, LLC Name: Argonaut Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): 1136 Shelterwood Drive PO Box 469012 Houston,TX 77008 San Antonio,TX 78246 Physical address(principal place of business): Owner 225 W.Washington Street,24th Floor Name: City of Corpus Christi,Texas Chicago,IL 60606 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: Illinois 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): (312)849 6979 #2235 Master Channel 31 Drainage Channel Excavation (FY 2013-2014) Telephone (for notice of claim): (312)849 6979 Local Agent for Surety Name: Assurance Agency,Ltd. Award Date of the Contract: Address: 1750 East Golf Road Schaumburg,IL 60173 Contract Price: $883,128.79 Bond Telephone: (847)463-7203 Email Address: hazam@assuranceagency.com Date of Bond: November 20,2014 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 P i ipal I RC rgency es,LLC Surety Argonaut Insurance any Signature: Signature: Name: � ' rum Name: Wi1lia eidinge ;s I Title: U. / / �t /c)/{4 ,U0 Title: Attorney-In-Fact Email Address: 0141/g56,/ yt3t(62' / Email Address: wreidinger@assuranceagency.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 State of Illinois County of DuPage ss.: On this 20th ..day of November 2014.., before me Surety personally appeared William Reidinger ., to be known, Company Acknowledgment: whom being by me duly sworn, did depose and say: that he/she resides at..Schaubt►rt, that he/she is the Attorney In Fact .of Argonaut Insurance Company , the corporation described in and which executed the annexed instrument; that he/she knows the corporate seal of said corporation that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; that he/she signed his/her name thereto by like order; and that the liabilities of said corporation do not exceed its assets as ascertained in the manner provided by law. OFFICIAL SEAL ��a 20 4 REBECCA R.ALVES NOTARY PUBLIC,STATE OF ILLINOIS Rebecca R. Alves My Commission Expires 06/27/2016 Notary Public in and for the above County and State. My commission expires 06/27/2016 Argonaut Insurance Company SurePath Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company,a Corporation duly organized and existing under the laws of the State of Illinois and having its principal office in the County of Cook,Illinois does hereby nominate,constitute and appoint: . William Reidinger Their true and lawful agent(s)and attomey(s)-in-fact,each in their separate capacity if more than one is named above,to make,execute,seal and deliver for and on its behalf as surety,and as its act and deed any and all bonds,contracts,agreements of indemnity and other undertakings in suretyship provided,however,that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: $35.000,000.00 Bond No: SUR0027595 Principal: DRC Emergency Services,LLC Obligee: City of Corpus Christi This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED,That the President,Senior Vice President,Vice President,Assistant Vice President,Secretary,Treasurer and each of them hereby is authorized to execute powers of attorney,and such authority can be executed by use of facsimile signature,which may be attested or acknowledged by any officer or attorney,of the Company,qualifying the attorney or attorneys named in the given power of attorney,to execute in behalf of,and acknowledge as the act and deed of the Argonaut Insurance Company,all bond undertakings and contracts of suretyship,and to affix the corporate seal thereto." IN WITNESS WHEREOF,Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 18th day of July,2013. sosodin, .. Argonaut Insurance Company jAropPG ,..�= to`'SEAL _ %'/, L-., '- to', z ab. lNo`,Ni',: by: STATE OF TEXAS , a� Joshua C.Betz, Senior Vice President "ryn„ ,. COUNTY OF HARRIS SS: """"',," On this 18th day of July,2013 A.D.,before me,a Notary Public of the State of Texas,in and for the County of Harris,duly commissioned and qualified,came THE ABOVE OFFICER OF THE COMPANY,to me personally known to be the individual and officer described in,and who executed the preceding instrument,and he acknowledged the execution of same,and being by me duly sworn,deposed and said that he is the officer of the said Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation,and that Resolution adopted by the Board of Directors of said Company,referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed my Official Seal at the County of Hams,the day and year first above written. KATHLEEN M MEEKS NOTARY PUBLIC iSTATE OF TEXAS -{'}'�, �1 t!� MY COMM.EXP 07-15-2017 (Notary Public) I,the undersigned Officer of the Argonaut Insurance Company,Illinois Corporation,do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full,true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF,I have hereunto set my hand,and affixed the Seal of said Company,on the 20th day of November 2014 ittO a5t)RAN 2 (I $EAL £ __ 6:5;A...44-_- 44:—, tO,. I 4lek.s4v,t49,`', 1-,o== Sarah Heineman, VP-Underwriting Surety ., ""nnnmMna,. IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL(210)321-8400. ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) `.------ 01/14/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MCGRIFF,SEIBELS&WILLIAMS OF TEXAS,INC. NAME: 5080 Spectrum Dr.,Suite 900E (acNNo.Ext): (469)232-2100 FAX No): Addison,TX 75001 EMAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Starr Surplus Lines Insurance Company 13604 INSURED INSURER B:Starr Indemnity&LiabilityCompany Y 38318DRC Emergency Services,LLC 740 Museum Drive INSURER C:Federal Insurance Company 20281 Mobile,AL 36608-1940 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:94YP4FJP 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 ADDL SUBIC POLICY EFF POLICY EXP LTR TYPE OF INSURE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A GENERAL LIABILITY SLSLEIL72029414 / 01/31/2014 01/31/2015 1,000,000 EACH OCCURRENCE $ X COMMERCIAL GENERAL LIABILITY / DAMAGE TO RENTED 50,000 PREMISES(Ea occurrence) $ CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 5,000- X X ,000XX PERSONAL&ADV INJURY $ 1,000,000 X Professional Liability$1,000,000e'r GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 n JE 7 POLICY Q n LOC $ B AUTOMOBILE LIABILITY ✓ ISISIPCA08285214 ,/ 01/31/2014 01/31/2015 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X ANY AUTO v _ BODILY INJURY(Per person) $ 07 ALL OWNED SCHEDULED AUTOS AUTOS X X 1 BODILY INJURY(Per accident) $ X HIRED AUTOS X NNON-OWNED PROPERTY DAMAGE AUTOS (Per accident) $ $ A UMBRELLA LIAB X OCCUR ✓ SLSLXNV73021814 01/31/2014 01/31/2015 Follow Form / EACH OCCURRENCE $ 15,000,000 X EXCESS LIAB CLAIMS-MADE X X AGGREGATE $ / 15,000,000 DED RETENTION$ $ C WORKERS COMPENSATION ✓ 004 4727472 01/31/2014 01/31/2015 X WC STATU- 0TH- ANDEMPLOYERS'LIABILITY Y/N Includes USH&L TORY LIMITS ER / ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,040,000 OFFICER/MEMBER EXCLUDED? N/A X (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ /1,000,000 H s,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Contractors Pollution SLSLEIL72029414 01/31/2014 01/31/2015 Each Occurrence $ 1,000,000 Policy Aggregate $ 1,000,000 Deductible Each Loss $ 20,000 $ I $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Addymarks Schedule,if more space is required) Re:Master Channel 31 Drainage Excavation-Project No.2235 \// The Certificate Holder is included as Additional Insured(except on Workers Compensation)as required by written contract.The above referenced policy(s)include a waiver of subrogation in favor of the certificate holder. 'a Otte Af:��r„cellatK will to ded a'B respects WorkerstDfDDensatioit,,GBDOBI Llab(1^ity and a tomo'bl D,Llatiil ty CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Corpus Christi—Engineering Attn:Construction Contract Admin. AUTHORIZED REPRESENTATIVE PO Box 9277 .. / Corpus Christi,TX 78469-9277 !` Page 1 of 1 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD � Starr Surplus Lines Insurance Company Chicago, IL 1-646-227-6300 !/ Primary and Non-contributory, Additional Insured and Waiver of Subrogation Policy Number: SLSLEIL72029414 Effective Date: 1/31/2014 at 12:01 A.M. Named insured: DRC Emergency Services, LLC.; Seven Continents Holdings, LLLP; Florida Disaster Recovery, LLC. This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective policy(ies)carefully. inansatiamagaMblegailiadatiMi Owners and Contractors Protective liability Coverage form Products/Completed Operations Liability Coverage Form Contractors Pollution Liability Coverage Form Professional Liability Coverage Form Site Pollution Liability Coverage Form SCHEDULE All as required by written, signed or executed contract. A. SECTION II -WHO IS AN INSURED is amended to include as an insured the person or organization shown in the • schedule of this endorsement, but only with respect to liability arising out of"your work'for that insured by or for you. B. As respects additional insureds as defined above, this insurance also applies to "bodily injury" or "property damage"arising out of your negligence when the following written contract requirements are applicable: 1. Coverage available under this coverage part shall apply as primary insurance. Any other insurance available to these additional insured's shall apply as excess and not contribute as primary to the insurance afforded by this endorsement. 2. We waive any right of recovery we may have against these additional insured's because of payments we make for injury or damage arising out of"your work"done under a written contract with the additional insured. 3. The term insured is used separately and not collectively, but the inclusion of more than one insured shall not increase the limits or coverage provided by this insurance. Insureds and Agents are advised that certificates of insurance should be used only to provide evidence of insurance in lieu of an actual copy of the applicable insurance policy. Certificates should not be used to amend, expand or otherwise alter the terms of the actual policy. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. Signed for STARR SURPLUS LINES INSURANCE COMPANY • Charles H.Dangelo, President Nehemiah E.Ginsburg,Genera ounsel SL-0219(42014 01:44 PM Page 1 of 1 Copyright®C.V.Stan&Company and Starr Surplus Lines Insurance Company. All rights reserved. Includes copyrighted material of ISO Properties,Inc.,used with its permission. POLICY NUMBER: SLSLEIL72029414 SL-020 (01/09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Form Contractor Pollution Liability Coverage Form Professional Liability Coverage Form Effective Date of Change: 12/3/2014 Change Endorsement No.: 004 Named Insured: DRC Emergency Services, LLC The following item(s): Insured's Name Insured's Mailing Address Policy Number Cancellation Effective/Expiration Date Insured's Legal Status/Business of Insured Payment Plan Premium Determination X Additional Interested Parties: Coverage Forms and Endorsements Limits/Exposures Self-Insured Retention Covered Property/Located Description Classification/Class Codes Rates Underlying Insurance is (are)changed to read(See Additional Page(s)}: The above amendments result in a change in the premium as follows: NO CHANGES TO BE ADJUSTED ADDITIONAL PREMIUM RETURN PREMIUM AT AUDIT $ 250.00 $ Endorsement Effective: 12/3/2014 Countersigned By: ic ,..( ___::_-__:i _,...0.<7.,-..-e-..."---, Named Insured: DRC Emergency Services, LLC (Authorized Representative) SL-020(01/09) Page 1 of 1 Page 1 of 2 0 Copyright© C.V.Starr&Company and Starr Surplus Lines Insurance Company. All rights reserved. Includes copyrighted material of ISO Properties,Inc.,used with its permission. POLICY CHANGES ENDORSEMENT DESCRIPTION It is hereby agreed and understood that the attached form CG2026 (04/13) Additional Insured- Designated Person or Organization is amended to include the following: City of Corpus Christi-Engineering All other terms and conditions of the Policy remain unchanged. SL-020(01/09) Copyright© C.V.Starr&Company and Starr Surplus Lines Insurance Company. All rights Page 2 of 2 0 reserved. Includes copyrighted material of ISO Properties,Inc.,used with its permission. ,. ,� Starr Indemnity & Liability Company Dallas,TX 1-866-519-2522 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy Number: SISIPCA08285214 Effective Date: 1/31/2014 at 12:01 AM Named Insured: DRC Emergency Services, LLC. 'ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This policy is amended as follows: ✓ aMSIESSaa14, YERAaG SRM SCHEDULE • ADDITIONAL INSURED ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE CONTRACTUALLY BOUND TO PROVIDE ADDITIONAL INSURED STATUS BUT ONLY TO THE EXTENT OF SUCH PERSON OR ORGANIZATIONS LIABILITY ARISING OUT OF THE USE OF A COVERED`AUTO' I. SECTION II — LIABILITY COVERAGE A. Coverage, 1. Who is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered* 'auto'. However, the insurance provided will notexceedthe lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. S Sl(Mggt8)1:47 PM Page 1 of 2 Copyright®C.V.Starr&Company and Starr Indemnity&Liability Company. AN rights reserved. Includes copyrighted material of ISO Properties,Inc.,used with its permission. rit. lay Starr Indemnity & Liability Company Dallas, TX 1-866-519-2522 CANCELLATION AND NONRENEWAL NOTICE TO DESIGNATED PERSON OR ORGANIZATION Policy Number: SISIPCA08285214 Effective Date: 12/3/2014 at 12:01 A.M. Named Insured: DRC Emergency Services, LLC. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM In the event of cancellation or nonrenewal or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or nonrenewal or material change to: SCHEDULE 1. Name: City of Corpus Christi-Engineering; Attn: Construction Contract Admin. 2. Address: P.O. Box 9277, Corpus Christi,TX 78469-9277 3. Number of days advance notice: 30 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. All other terms and conditions of this Policy remain unchanged. Signed for STARR INDEMNITY& LIABILITY COMPANY sem ! 4 I Zr- Charles H. Dangelo, resident Nehemiah E. Ginsburg, General ounsel SICA 1015(07-11) Page 1 of 1 Copyright©C.V.Starr&Company and Starr Indemnity&Liability Company. All rights reserved. Includes copyrighted material of ISO Properties,Inc.,used with its permission. POLICY NUMBER: SLSLEIL72029414 COMMERCIAL GENERAL LIABILITY CG 02 24 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE City of Tuscaloosa, its officers,agents and employees Attn: Incident Command Robin Edgeworth 2201 University Blvd. Tuscaloosa,AL 35401 Marion County Board of County Commissioners Attn: Procurement Services Director 3511 SE 3rd Street Osceola, FL 33471 New Hanover County Attn: Tiffany Allen 230 Government Center Drive#125 Wilmington, NC 28403 Osceola County Board of County Commissioners Attn: Director of Human Resources 1 Courthouse Square, Suite 4700 Kissimmee, FL 34741 Town of Ridgefield Attn: Jerry Gay 400 Main Street Ridgefield, CT 06877 City of Corpus Christi-Engineering Attn: Construction Contract Admin. P.O. Box 9277 Corpus Christi,TX 78469-9277 Number of Days' Notice 30 (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in paragraph 2.of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. CG 02 2410 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 ❑ ENDORSEMENT NO. 7 Named Insured: DRC Emergency Services, LLC. Policy Effective Date: 01/31/2014 Policy Expiration Date: 01/31/2015 This endorsement effective: 12:01 A.M. 12/03/2014 forms a part of Policy No: SISIPCA08285214 Starr Indemnity & Liability Company Amendatory Endorsement In consideration of the premium shown below, it is hereby understood and agreed this endorsement is attached to and forms part of the above policy and is effective as shown above. This endorsement amends only the changes which are indicated by check in the box immediately preceding such change: 1. ❑Policy is 6. Endorsement No is null and void 2. ❑Item(s) listed below are the policy schedule. 7. ❑Description of item(s) is amended as shown below. 3. ❑Name of Insured is amended as shown below. 8. ❑Limit of Liability is as shown below. 4. ❑Insured mailing address is amended as shown below. 9. ❑Policy Reinstated 5. ❑Policy term is amended to: 10. DOther, as shown below The attached form SICA 1015 (07-11)Cancellation and Non-Renewal Notice to Designated Person or Organization is added to said policy in favor of the following: City of Corpus Christi-Engineering All other policy terms and conditions remain unchanged. Breakdown: $ 0.00 Premium $ 0.00 Terrorism Premium $ 0.00 Grand Total Issue Date: 01/14/2015 Authorized Representative WORISMOSINPEND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule As required by written contract. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured I(, Premium$ V11/ y' Insurance Company Countersigned by WC 00 03 13 (Ed.4-84) Copyright 1983 National Council on Compensation Insurance.