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HomeMy WebLinkAboutC2015-029 - 6/9/2015 - Approved 2015-029 6/09/15 CONTRACT DOCUMENTS Ord. 030522 LNV Inc. FOR CONSTRUCTION OF HIKE & BIKE TRAIL DEVELOPMENT SCHAN E N HIKE AND BIKE TRAIL Bonds 2008, 2012 PROJECT NO. E14066 _.__ =. City of Corpus Christi SUBMITTED BY: MARTINEZ, GUY 1/78bar nrign Rc MAYBIK, INC. �E p e� Tall Houston 281.679.0335 ik t: 1' *a Corpus Christi 361 814 3070 / Eagle PassfDel Rio 830.757.3070 RUBEN T. PEREZ, JR. 0 MARTINEZ,GUY,&MAYBIK,INC. t0:. 93971 .f 6000 S.Staples Street,Suite 207 tr>F'• !CENSE)•'� 4(1r ISCorpus Christi,Texas 78413 V January 28, 2015 Record Drawing No. CP212 Is I 00 0100 TABLE OF CONTENTS .ivision/ Titie Section t, Division 00 Procurement and Contracting Requirements 00 11 16 Invitation to Bid (Rev 01/23/2015) 00 21 13 Instructions to Bidders (Rev 01/23/2015) 00 30 00 Bid Form (Rev 01/23/2015) 00 30 01 Bid Form Exhibit A(Rev 10/14/2014) 00 30 02 Compliance to State Law on Nonresident Bidders 00 30 04 Conflict of Interest Questionnaire 1 00 30 05 Disclosure of Interest 00 30 06 Non-Collusion Certification 1 00 30 07 Lobbying Certification 00 30 08 Debarment Certification 00 45 16 Statement of Experience 00 52 23 Agreement(Rev 10/14/2014) 00 61 13 Performance Bond (Rev 7/3/2014) L00 61 16 Payment Bond (Rev 7/3/2014) 00 72 00 General Conditions 00 72 01 Insurance Requirements(Rev 7/3/2014) L 00 72 02 Wage Rate Requirements 00 72 03 Minority/MBE/DBE Participation Policy 00 73 00 Supplementary Conditions 00 74 00 Special Conditions for Funding Agency tit Division 01 General Requirements 01 1100 Summary of Work 01 23 10 Alternates and Allowances 01 29 00 Application for Payment Procedures 01 29 01 Measurement and Basis for Payment 1 01 31 00 Project Management and Coordination 0131 13 Project Coordination 1 01 31 14 Change Management Table of Contents 00 0100-1 1, Hike&Bike Trail Development Schanen Hike and Bike Trail(Bonds 2008,2012) Project No. E14066 REV 01-23-2015 L 1 1 Division ' Title Section 0133 00 Document Management 01 33 01 Submittal Register(Rev 7/3/2014) 0133 02 Shop Drawings 01 33 03 Record Data 0133 04 Construction Progress Schedule I 01 33 05 Video and Photographic Documentation 0135 00 Special Procedures 0140 00 Quality Management 0150 00 Temporary Facilities and Controls 0157 00 Temporary Controls 0170 00 Execution and Closeout Requirements Part S Standard City of Corpus Christi Specifications 021020 Site Clearing and Stripping(S-5) 021040 Site Grading(S-6) 022020 Excavation and Backfill for Utilities and Sewers(S-9) 022022 Trench Safety for Excavations TxDOT Standard Specifications 111 Note: All Bid Items designated with a TxDOT Specification Number in the Bid Proposal shall be constructed per and comply with the 2014 TxDOT Standard Specifications for Construction and Maintenance of Highways, Streets, and Part T Bridges. The 2014 TxDOT Specifications listed below are available online at www.dot.state.us. Any referenced specifications within the listed specifications shall also apply to the construction of the Bid Item. Measurement and payment for these Bid Items shall be per the units shown in the plans and per Section 01 29 01 "Measurement and Payment"of these Contract Documents. TxDOT Item 132 Embankment TxDOT Item 160 Topsoil TxDOT Item 162 Sodding for Erosion Control TxDOT Item 164 Seeding for Erosion Control TxDOT Item 247 Flexible Base TxDOT Item 260 Lime Treatment(Road-Mixed) I Table of Contents 00 0100-2 Hike&Bike Trail Development Schanen Hike and Bike Trail(Bonds 2008,2012) Project No. E14066 REV 01-23-2015 I I Division/ Title section TxDOT Item 340 Dense-Graded Hot-Mix Asphalt(Small Quantity) TxDOT Item 420 Concrete Substructures TxDOT Item 421 Hydraulic Cement Concrete TxDOT Item 440 Reinforcement for Concrete TxDOT Item 502 Barricades,Signs,and Traffic Handling TxDOT Item 506 Temporary Erosion,Sedimentation,and Environmental Controls TxDOT Item 529 Concrete Curb,Gutter,and Combined Curb and Gutter TxDOT Item 531 Sidewalks TxDOT Item 636 Signs TxDOT Item 644 Small Roadside Sign Assemblies TxDOT Item 666 Retroreflectorized Pavement Markings TxDOT Item 668 Prefabricated Pavement Markings Part U Technical Specifications 0321500 Decomposed Granite Paving END OF SECTION L L L I I Table of Contents 00 0100-3 Hike&Bike Trail Development Schanen Hike and Bike Trail (Bonds 2008,2012) Project No. E14066 REV 01-23-2015 C. I 16 INVITATION TO BID ARTICLE 1—GENERAL NOTICE 1.01 The City of Corpus Christi,Texas(Owner) is requesting Bids for the construction of the following Project: Hike & Bike Trail Development Schanen Hike and Bike Trail(Bonds 2008, 2012) Project No. E14066 A. This project is described as the construction of approximately 7,600 feet of 10'wide hike& bike trail along an existing drainage channel. The majority of the trail will consist of decomposed granite surfacing. Some portions of the trail will consist of concrete paving. Included in the construction are:site grading,embankment, lime treated subgrade, concrete curb, header curb,trail heads,stained/stamped concrete,timber pedestrian railing,concrete ADA curb ramps, and signing and striping. The project is partially funded by the Texas Department of Transportation, who will have jurisdiction over the project, 1.02 The Engineer's Opinion of Probable Construction Cost for the Project is$1,176,910.00. The Project is to be substantially complete and ready for operation within 240 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: 2.02 http:/www.cctexas.com/business/supplierportal 2.03 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. 2.04 This website will be updated periodically with Addenda, lists of interested parties, reports,or other information relevant to submitting a Bid for the Project. ARTICLE 3—PRE-BID CONFERENCE 3.01 A non-mandatory pre-bid conference for the Project will be held on March 25,2015 at 10:30 A.M.at the following location: Corpus Christi City Hall,Capital Programs-3RD Floor Capital Programs Conference Room 1 1201 Leopard Street Corpus Christi,Texas 78401 I Invitation to Bid 00 11 16-1 Hike&Bike Trail Development Schanen Hike and Bike Trail(Bonds 2008,2012) Project No.E14066 REV 01-23-2015 I I I 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 I Website. Responses to questions submitted will be posted on the website by the Owner for the benefit of all Bidders. Responses will be posted for questions submitted by noon seven (7) days prior to the date of the bid opening. Inquiries made after this period may not be addressed. 111 4.02 A response to a question posted on the website that requires modification of the Contract Documents will be made by Addenda. Modifications to the Contract Documents prior to the award of contract can only be made by Addenda. Only answers in Addenda authorized by the Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. I ARTICLE 5—MINORITY/MBE/DBE PARTICIPATION POLICY 5.01 Selected Contractor is required to comply with the Owner's Minority/MBE/DBE Participation 1 Policy as indicated in SECTION 00 72 03 MINORITY/MBE/DBE PARTICIPATION POLICY. 5.02 Minority participation goal for this Project has been established to be 45%of the Contract Price. I 5.03 Minority Business Enterprise participation goal for this Project has been established to be 15% of the Contract Price. 5.04 Disadvantaged Business Enterprise participationgoal for this Project has been established to be g p p p J insert percent%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 10 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. I I I Invitation to Bid 00 11 16-2 Hike&Bike Trail Development Schanen Hike and Bike Trail (Bonds 2008,2012) Project No. E14066 REV 01-23-2015 I Li ARTICLE 7—DELIVERY OF BIDS 7.01 Sealed Bids(hard copy) must be submitted to the City Secretary's Office (City Hall Building, 18 Floor, 1201 Leopard Street,Corpus Christi,Texas 78401) no later than April 8,2015 at 2:00 P.M. to be accepted. The Bids will be publicly opened and read aloud at this time at the City Council Chambers or Staff Room, ft floor of the City Hall Building. Bids received after this time will not be accepted. Address envelopes or packages: City of Corpus Christi City Secretary's Office City Hall Building, 1st Floor 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid- Hike&Bike Trail Development-Schanen Hike and Bike Trail(Bonds 2008,2012), Project No. E14066 7.02 Bids will be publicly opened and read aloud at April 8,2015 at 2:00 P.M.,at the following location: Li City Hall Building- City of Corpus Christi First Floor City Council Chambers or Staff Room 1201 Leopard Street Corpus Christi,Texas 78401 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. Invitation to Bid 00 11 16-3 Hike&Bike Trail Development Schanen Hike and Bike Trail(Bonds 2008,2012) Project No.E14066 REV 01-23-2015 I I I END OF SECTION I I I I I I I I I I 1 I I + Invitation to Bid 00 11 16-4 Hike&Bike Trail Development I Schanen Hike and Bike Trail(Bonds 2008,2012) Project No. E14066 REV 01-23-2015 I I 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: -- - '++�;. of 001�c r Mii 1'ti4tm I. Iurazf 0efage n.»w?a.....s�'+4# �� iG C"a-�_..5..�,.....„.......:� `; .s� .r;i,_ f.'.M..»... STJ;¢&"S-. 'R'€a ��ma 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 L1Q 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 iseNot Required Installation Floater Equal to Contract Price ❑ Required LNot Required Owner's Protective Liability Equal to Contractor's liability insurance ❑ Required Ce 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 Hike&Bike Trail Development Schanen Hike and Bike Trail(Bonds 2008,2012) Project No.E14066 REV07-03-2014 L I I B. Provide endorsements to the policies as outlined in this Section. C. Obtain insurance from companies that are duly licensed or authorized in the State of Texas I to issue insurance policies for the required limits and coverages. Provide insurance from companies that have an A.M. Best rating of A-VIII or better. D. Furnish copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles upon request by OPT or any named insured or additional insured. Contractor may block out(redact)any confidential premium or pricing information contained in any policy or endorsement furnished under this Contract. E. The name and number of the Project must be referenced on the certificate of insurance. F. OPT's failure to demand such certificates or other evidence of the Contractor's full 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. I G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by the Contract Documents. Contractor shall not be allowed to perform any Work on the Project until the required insurance policies are in effect. A Certificate of Liability Insurance shall be submitted to the OPT. H. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16 of the General Conditions if Contractor fails to obtain or maintain the required insurance. I. Owner does not represent that the insurance coverage and limits established in this 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. I 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: I 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 I 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 Hike&Bike Trail Development Schanen Hike and Bike Trail(Bonds 2008,2012) Project No. E14066 REV07-03-2014 I I C 2. Claims for damages because of bodily injury,occupational sickness or disease,or death of Contractor's employees. 3. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage(if applicable). 4. Foreign voluntary worker compensation (if applicable). B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of Contractor. Provide coverage on an occurrence basis, against: 1. Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 2. Claims for damages insured by reasonably available personal injury liability coverage which are sustained; 3. By any person as a result of an offense directly or indirectly related to the employment of such person by Contractor; 4. By any other person for any other reason; and 5. Claims for damages,other than to the Work itself, because of injury to or destruction of tangible property wherever located, including any resulting loss of use. C. Provide Contractor's commercial general liability policy that is written on a 1996(or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage as required in this Section. Insurance is to remain in effective for 3 years after final payment. Furnish evidence of the continuation of this insurance at final payment and again each year for 3 years after final payment to Owner and each named insured or additional insured. a. Eliminate the exclusion with respect to property under the care,custody,and control of Contractor. Provide and maintain Installation Floater insurance for property under the care,custody,or control of Contractor in lieu of elimination of the exclusion,or if required by this Section. Provide Installation Floater insurance that is a broad form or"All Peril" policy providing coverage for all materials, supplies, machinery,fixtures, and equipment which will be incorporated into the Work. 1) Provide coverage under the Contractor's Installation Floater that includes: a) Faulty or Defective workmanship, materials, maintenance, or construction; b) Cost to remove Defective or damaged Work from the Site or to protect it from loss or damage; c) Cost to cleanup and remove pollutants; d) Coverage for testing and startup; e) Any loss to property while in transit; f) Any loss at the Site; Insurance Requirements 00 72 01-3 Hike&Bike Trail Development Schanen Hike and Bike Trail(Bonds 2008,2012) Project No. E14066 REV 07-03-2014 L S 1 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 I Contract Price. 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Provide limits of insurance adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, supplies, machinery,fixture, and equipment which will be incorporated into the Work while in transit or in storage. 2. Blanket contractual liability coverage for Contractor's contractual indemnity obligations in Paragraph 7.14 of the General Conditions, and all other contractual indemnity obligations of Contractor in the Contract Documents. 3. Broad form property damage coverage. I 4. Severability of interest. 5. Underground explosion and collapse coverage. 6. Personal injury coverage. 7. Endorsement CG 2032, "Additional Insured -Engineers,Architects or Surveyors Not Engaged by the Named Insured"or its equivalent. D. Purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. E. Purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability,and automobile liability insurance I 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 1. Are written on an occurrence basis; 2. Include the individuals or entities identified in the Supplementary Conditions as I additional insureds; 3. Include coverage for the respective officers, directors, members, partners,employees, agents,consultants, and subcontractors for each named insured or additional insured; 4. Provide primary coverage for all claims covered by the policies, including those arising from both ongoing and completed operations. G. Purchase and maintain insurance coverage for third-party injury and property damage claims, including clean-up costs that result from Hazardous Environmental Conditions which result from Contractor's operations and completed operations. Provide Contractor's pollution liability insurance that includes long-term environmental impacts for the disposal of pollutants/contaminants and is not limited to sudden and accidental discharge. The completed operations coverage is to remain in effect for 3 years after final payment. The ' Insurance Requirements 00 72 01-4 , Hike&Bike Trail Development Schanen Hike and Bike Trail (Bonds 2008,2012) Project No. E14066 REV 07-03-2014 I i policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. H. Purchase and maintain applicable professional liability insurance,or have Subcontractors and Suppliers do so, if Contractor or any Subcontractor or Supplier will provide or furnish professional services under this Contract. I. The policies of insurance required by this Section must: Ii. Include at least the specific coverages and be written for not less than the limits of liability provided in this Section or required by Laws or Regulations,whichever is greater. 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor, Owner,and all named insureds and additional insureds. 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor's performance of the Work and Contractor's other obligations under the Contract Documents,whether performed by Contractor, Subcontractor,Supplier, anyone directly or indirectly employed or retained by any of them,or by anyone for whose acts they may be liable. J. The coverage requirements for specific policies of insurance must be met directly by those policies and may not by rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 1.04 OWNER'S PROTECTIVE LIABILITY INSURANCE A. Purchase and maintain an Owner's Protective Liability insurance policy with the Owner as the named insured and other members of the OPT as additional insureds. Provide a policy that will protect the OPT from claims which arise from operations under the Contract Documents. Provide this coverage in the same amounts required for the Contractor's liability insurance and from the same company that provides the Contractor's liability insurance. 1.05 PROPERTY INSURANCE A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Section or those required by Laws and Regulations and must comply with the requirements of Paragraph 1.06. This insurance shall: 1. Include the OPT,Contractor, and all Subcontractors, and any other individuals or entities identified in the Supplementary Conditions,as named insureds. 2. Be written on a builder's risk"all risk" policy form that includes insurance for physical loss or damage to the Work,temporary buildings, falsework, and materials and equipment in transit,and insures against at least the following perils or causes of loss: fire; lightning;windstorm; riot;civil commotion;terrorism;vehicle impact; aircraft; Insurance Requirements 00 72 01-5 Hike&Bike Trail Development Schanen Hike and Bike Trail (Bonds 2008,2012) Project No. E14066 REV 07-03-2014 I I I smoke;theft;vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current;earthquake;volcanic activity, and other earth movement;flood; collapse;explosion;debris removal; demolition occasioned by enforcement of Laws and Regulations;water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required 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 afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each named insured. C. Pay for costs not covered by the policy deductible. I 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. Insurance Requirements 00 72 01-6 Hike&Bike Trail Development Schanen Hike and Bike Trail (Bonds 2008,2012) Project No. E14066 REV 07-03-2014 I I I 1.06 WAIVER OF RIGHTS A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. B. All policies purchased in accordance with this Section are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner's Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable property insurance. None of these waivers extend to the rights Contractor has to the proceeds of insurance as trustee. C. Contractor is responsible for assuring that agreements with Subcontractors contains provisions that the Subcontractor waive all rights against Owner's Indemnitees,Contractor, named insureds and additional insureds, and the officers, directors, members, partners, employees,agents, consultants, and subcontractors of each and any of them,for all losses and damages created by or resulting from any of the perils or causes of loss covered by builder's risk insurance and other property insurance. 1.07 OWNER'S INSURANCE FOR THE PROJECT A. Owner is not responsible for purchasing and maintaining any insurance to protect the interest of the Contractor,Subcontractors, or others in the Work. The stated limits of insurance required are minimum only. Determine the limits that are adequate. These limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event,Contractor is fully responsible for all losses arising out of, resulting from, or connected with operations under this Contract whether or not these losses are covered by insurance. The acceptance of evidence of insurance by the OPT, named insureds, or additional insureds does not release the Contractor from compliance with the insurance requirements of the Contract Documents. ARTICLE 2—EVIDENCE OF INSURANCE 2.01 ACCEPTABLE EVIDENCE OF INSURANCE A. Provide evidence of insurance acceptable to the Owner with the executed Contract Documents. Provide the following as evidence of insurance: 1. Certificates of Insurance on an acceptable form; 2. Riders or endorsements to policies; and 3. Policy limits and deductibles. B. Provide a list of"Additional Insureds"for each policy. C. Provide evidence that waivers of subrogation are provided on all applicable policies. D. Provide evidence of requirements for 30 days' notice before cancellation or any material change in the policy's terms and conditions, limits of coverage,or change in deductible amount. Insurance Requirements 00 72 01-7 Hike&Bike Trail Development Schanen Hike and Bike Trail(Bonds 2008,2012) Project No. E14066 REV 07-03-2014 I I I 2.02 CERTIFICATES OF INSURANCE A. Submit Certificates of Insurance meeting the following requirements: 1 1. Form has been filed with and approved by the Texas Department of Insurance under Texas Insurance Code§1811.101; or 2. Form is a standard form deemed approved by the Department under Texas Insurance Code §1811.101. 3. No requirements of this Contract may be interpreted as requiring the issuance of a 1 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 111 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 I 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 I A. Submit notices regarding insurance are to be sent to the Owner at the following address: City of Corpus Christi—Engineering I 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. 11 Insurance Requirements 00 72 01-8 Hike&Bike Trail Development Schanen Hike and Bike Trail (Bonds 2008,2012) Project No. E14066 REV07-03-2014 1 L C ARTICLE 3—TEXAS WORKERS'COMPENSATION INSURANCE REQUIRED NOTICE 3.01 WORKERS' COMPENSATION INSURANCE COVERAGE A. Definitions: 1. Certificate of coverage("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission,or a coverage agreement(TWCC- 81,TWCC-82,TWCC-83,or TWCC-84),showing statutory workers'compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the Project. 2. Duration of the Project-includes the time from the beginning of the Work on the Project until the Contractor's/person's Work on the Project has been completed and accepted by the governmental entity. 3. Persons providing services on the Project("Subcontractor" in §406.096)-includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the Project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes,without limitation, independent contractors,subcontractors, leasing companies, motor carriers,owner-operators,employees of any such entity,or employees of any entity which furnishes persons to provide services on the Project. "Services" include,without limitation, providing, hauling, or delivering equipment or materials,or providing labor,transportation, or other service related to a project. "Services" does not include activities unrelated to the Project,such as food/beverage vendors,office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all employees of the Contractor providing services on the Project,for the duration of the Project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the Project,the Contractor must, prior to the end of the coverage period,file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning Work on the Project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 2. No later than seven days after receipt by the Contractor,a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. Insurance Requirements 00 72 01-9 Hike&Bike Trail Development Schanen Hike and Bike Trail (Bonds 2008,2012) Project No. E14066 REV 07-03-2014 L I I 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 that materially affects the provision of coverage of any person providing services on the I Project. H. The Contractor shall post on each Project Site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project,to: 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code,Section 401.011(44)for all of its employees providing services on the Project,for the duration of the Project; 3 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; I 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 I affects the provision of coverage of any person providing services on the Project;and 7. Contractually require each person with whom it contracts,to perform as required by paragraphs(1) -(7),with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage,the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project,that the coverage will be based on proper reporting of classification codes and payroll amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Insurance Requirements 00 72 01-10 Hike&Bike Trail Development Schanen Hike and Bike Trail (Bonds 2008,2012) Project No. E14066 REV 07-03-2014 I L I commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties,criminal penalties, civil penalties,or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the Contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. END OF SECTION I C I I I I I I I I Insurance Requirements 00 72 01-11 Hike&Bike Trail Development Schanen Hike and Bike Trail (Bonds 2008,2012) Project No. E14066 REV 07-03-2014 L 00 52 23 AGREEMENT This Agreement,for the Project awarded on June 9,2015 , is between the City of Corpus Christi (Owner)and LNV, Inc. (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Hike& Bike Trail Development-Schanen Hike and Bike Trail(Bonds 2008,2012) E14066 This project is described as the construction of approximately 7,600 feet of 10'wide hike& bike trail along an existing drainage channel. The majority of the trail will consist of decomposed granite surfacing. Some portions of the trail will consist of concrete paving. Included in the construction are:site grading,embankment, lime treated subgrade, concrete curb,header curb,trail heads,stained/stamped concrete,timber pedestrian railing, concrete ADA curb ramps,and signing and striping. ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Martinez,Guy,& Maybik, Inc. 6000 S.Staples Street,Suite 207 Corpus Christi,Tx 78413 2.02 The Owner's Authorized Representative for this Project is: Phil Boehk, P.E.—Acting Construction Engineer City of Corpus Christi—Capital Programs(Engineering) 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 240 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 270 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. Agreement 00 52 23-1 Hike&Bike Trail Development Schanen Hike and Bike Trail (Bonds 2008,2012) Project No. E14066 REV 10-14-2014 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 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$685.00 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$685.00for 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 $ 1,194,858.16 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. Agreement 00 52 23-2 Hike&Bike Trail Development Schanen Hike and Bike Trail (Bonds 2008,2012) Project No. E14066 REV 10-14-2014 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to 95 percent of the total earned value to date for completed Work and properly stored materials will be made prior to Substantial Completion. The balance will be held as retainage. C. Payment will be made for the amount determined per Paragraph 5.02.B, less the total of payments previously made and less set-offs determined in accordance with Paragraph 15.01 of the General Conditions. 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. Agreement 00 52 23-3 Hike&Bike Trail Development Schanen Hike and Bike Trail (Bonds 2008,2012) Project No.E14066 REV 10-14-2014 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; 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. Agreement 00 52 23-4 Hike&Bike Trail Development Schanen Hike and Bike Trail(Bonds 2008,2012) Project No. E14066 REV 10-14-2014 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. 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; D. CITY SECRETARY for the City. Agreement 00 52 23-5 Hike&Bike Trail Development Schanen Hike and Bike Trail(Bonds 2008,2012) Project No.E14066 REV 10-14-2014 ATTEST jpg ' O'PU. / RISTI F21.0_,C. C.,C,‘ / ik-A-1-A47-1 4 4 i City Secretary J. . Edmonds, P.E. Director of Capital Programs APPROVED AS TO LEGAL FORM —1 2 �� °, �WlMUx tc� n S sst. City Attorney if &hem....—.41-1 ATTEST � NNN rm.,—*/ ATTEST(IF CORPORATION) CONTRACTOR LNV Inc. i (Seal Below) I/ .r Note: Attach copy of authorization to sign if D Person signing for Contractor is not President, Title OCE 4.0.CJ T Vice President, Chief Executive Officer, or Chief Financial Officer 801 Navigation Blvd.,Suite 300 Address Corpus Christi,TX 78408 City State Zip 361/883-1984 Phone ETrelo@LNVINC.com EMail END OF SECTION Agreement 00 52 23-6 Hike&Bike Trail Development Schanen Hike and Bike Trail(Bonds 2008,2012) Project No. E14066 REV 10-14-2014 00 30 00 BID FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings,Specifications,and Contract Documents,this Bid Proposal submitted on:April 8,2015 at 2:00 P.M. 1.02 Submit hard copy Bids,Bid Security,and all attachments to the Bid(See Section 7.01 below) to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid-Hike&Bike Trail Development Schanen Hike and Bike Trail(Bonds 2008, 2012) Project No. 14066 ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS Ito 2.01 Bidder proposes and agrees,if this Bid is accepted,to enter into an Agreement with Owner on the form included in the Contract Documents,to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders,including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2.04 Bidder acknowledges receipt of the following Addenda: Addendum No. Addendum Date S nature Acknowledging Receipt 1 3/30/15 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. Bid Form 00 30 00-1 Hike&Bike Trail Development Schanen Hike and Bike Trail(Bonds 2008,2012) Project No.E14066 REV 01-23-2015 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. 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. Bid Form 00 30 00-2 Hike&Bike Trail Development Schanen Hike and Bike Trail(Bonds 2008,2012) Project No.E14066 REV 01.23.2015 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. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents at the unit prices shown in SECTION 00 30 01 BID FORM EXHIBIT A. A. The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive Bid. Owner will,at its discretion,award the Contract to the lowest responsible Bidder for the Base Bid,plus any combination of Add or Deduct Alternates. B. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. C. Bidder acknowledges that the estimated quantities are not guaranteed,and final payment for all Unit Price items will be based on actual quantities provided,measured as provided in the Contract Documents. D. Unit Price and figures column will be used to compute the actual Bid price. ARTICLE 5—EVALUATION OF BIDDERS 5.01 The Owner will consider the greatest amount bid,the Bidder's responsibility,and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder.The Owner reserves the right to waive any and all irregularities in determining the Bidders'responsibility,and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder, and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid,reject any and all Bids,to waive 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 Hike&Bike Trail Development Schanen Hike and Bike Trail(Bonds 2008,2012) Project No.E14066 REV 01-23-2015 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 bid proposal submittal will consist of a combination of electronic and hard copy submittals. In compliance with the Bid Requirements in SECTION 0011 16 INVITATION TO BID,the following are made a condition of this Bid: A. Hard Copy Submittal—Bid Security. B. Electronic Submittal—SECTION 00 30 01 BID FORM and documentation of signatory authority. C. Electronic Submittal-SECTION 00 30 01 BID FORM EXHIBIT A. D. Electronic Submittal-SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. Electronic Submittal-SECTION 00 30 04 CONFLICT OF INTEREST QUESTIONNAIRE. F. Electronic Submittal-SECTION 00 30 05 DISCLOSURE OF INTEREST. G. Electronic Submittal—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 Bid Form 00 30 00-4 Hike&Bike Trail Development Schanen Hike and Bike Trail(Bonds 2008,2012) Project No.E14066 REV 01-23-2015 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 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: LNV, Inc. (typed or printed full legal name of Bidder) By: ......4241 (individual's signature) Name: Eric A. Trejo, PE, SE B (typed or printed) Title: Sr i - Pr-.',.ent/Principal I yped or printed) Attest: e y' (individual's signature) State of Residency: Texas Federal Tax Id.No. 74-2951947 Address for giving notices: 801 Navigation Blvd., Suite 300 Corpus Christi, Texas 78408 Phone: 361-883-1984 Email: ETrejo@LNVINC.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 Hike&Bike Trail Development Schanen Hike and Bike Trail(Bonds 2008,2012) Project No.E14066 REV 01-23-2015 00 30 01 BID FORM EXHIBIT A Disclaimer:Contractors may use this form at their own risk. Contractors will have total responsibility for calculations of costs. Project Name: HIKE R.BIKE TRAIL DEVELOPMENT-SCHANEN HIKE AND BIKE TRAIL(BONDS 2008,2012) Project Number: 114066 Owner: City of Corpus Christi,Texas Bidder: LNV,Inc. OAR: Designer: MARTINEZ.GUY,&MAYBIK,INC. Basis of Bid 2014 TxDOT Estimated I Item No. Specification Item Description Unit Quantity Unit Price Extended Amount' No. BASE BID PART A-GENERAL(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) A-1 Mobilization LS 1 45,060.00 45,060.00 A-2 • Site Clearing and Stripping Ac 2.80 40,962.86 114,696.01 A-3 132 Site Grading and Fill Ac 2.80 56,237.14 157,463.99 A-4 260 8"Lime Treated Subgrade(5%) SY _ 12,011 9.18 110,260.98 A-S - 3"Compacted Decomposed Granite Trail Surface w/Stabilizer SF 50,429 1.26 63,540.54 A-6 420.421 8"Concrete Trail Pavement SF 23,185 6.97 161,599.45 A-7 247,340,420,421 Concrete Pavement for ADA Parking Space SF 234 27.18 6,360.12 A-8 420,421,531 Concrete Sidewalk SF 1,658 7.63 12,650.54 A-9 420,421,529 Concrete Curb LF 9,683 18.84 182,427.72 A-30 247,345,2920,421,Concrete Curb&Gutter LF 292 14.09 4,114.28 A-11 420,421,529 Concrete Header Curb LF 480 13.15 6,312.00 A-12 420,421,529 Concrete ADA Curb Ramps SF 2,822 13.25 37,391.50 A-13 - Timber Pedestrian Safety Rail LF 870 16.84 14,650.80 A-14 506 Silt Fence or Erosion Control Log LF 8,243 3.69 30,416.67 A-15 160,162,164 Topsoil and Seeding SY 4,302 6.35 27,317.70 A-16 502 Traffic Control LS 1 25,344.00 25,344.00 A-17 636,644 Sign Assemblies with Aluminum Signs EA 18 296.67 5,340.06 A-18 - 1/4 Mile Trail Marker with(zone Signs EA 6 361.60 2,169.60 A-19 - Signage Kiosk with Izone Signs EA 3 4,966.40 14,899.20 A-20 - Directional Trail Signs(Irene) EA 10 324.96 3,249.60 A-21 - Yorktown Trail Head with Landscaping/Amenities LS 1 10,200.00 10,200.00 A-22 - Cedar Pass Trail Head with Landscaping/Amenities LS 1 10,200.00 10,200.00 A-23 - Snead Park Trail Head with landscaping/Amenities LS 1 10,200.00 10,200.00 A-24 - Wapentate Drive Landscaping LS 1 10,200.00 10,200.00 A-25 - Stained/Stamped Concrete for Trailheads SF 4,602 17.64 81,179.28 A-26 666 Reflectorized Pavement Marking(4"))White) IF 182 8.41 1,530.62 A-27 666 Reflectorized Pavement Marking(12")(White) LF 274 4.20 1,150.80 A-28 666 Reflectorized Pavement Marking(24")(White) LF 330 7.27 2,399.10 A-29 666,668 Reflectorized Pavement Marking(Symbol)(Wheelchair) EA 1 240.00 240.00 A-30 666,668 Reflectorized Pavement Marking(Symbol)(Bike)(White) EA 2 240.00 480.00 A-31 666,668 Reflectorized Pavement Marking(Word)(White) EA 6 100.00 600.00 A-32 666,668 Reflectorized Pavement Marking(Arrow)(White) EA 2 144.00 288.00 A-33 666,668 Reflectorized Pavement Marking(18")(WhitellYield Triangle) EA 36 250.00 9,000.00 A-34 506 Construction Exits EA 8 2,309.40 18,475.20 A-35 644 Existing Traffic Signs to be Removed and Relocated EA 6 484.40 2,906.40 A-36 I . Removable Steel Bollard EA 5 1,392.00 6,960.00 A-37 I . Reconstruct Existing Post Inlet Top with Grate Inlet Top EA 2 1,792.00 3,584.00 Subtotal Part A-General(Items A-1 through A-37)_ $ 1,194,858.16 BID SUMMARY Total Project Base Bid(Part A)=1$ 1,194,858.16 Contract Times Bidder agrees to reach Substantial Completion in 240 days Bidder agrees to reach Final Completion in 270 days Bid Form Exhibit A 00 30 01-I Hike Bike Trail Development-Schanen Hike and Bike Trail(Bonds 2008.2012),Project No.E 14066 Flee 10 14 2014 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder"refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state,including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. ❑ Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of ® 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: LNV, Inc. (typed or printed) By: (s not re—attach evidence of authority to sign) Name: Eric A. Trejo, PE, SECB (typed or printed) Title: Sr. Vice President/Principal Business address: 801 Navigation Blvd.. Suite 300 Corpus Christi, Texas 78408 Phone: 361-883-1984 Email: ETrejo@LNVINC.com END OF SECTION Compliance to State Law on Nonresident Bidders 00 30 02-1 Hike&Bike Trail Development Schanen Hike and Bike Trail(Bonds 2008,2012) Project No.E14066 11-25-2013 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. J Name of person who has a business relationship with local governmental entity. N/A J QCheck this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 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 & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment income,from the filer of the questionnaire? Yes X No B. is the filer of the questionnaire receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes X 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 X No D. Describe each employment or business relationship with the local government officer named in this section. N/A J c ► April 8, 2015 Signature of person doing b sin with the governmental entity Date Adopted 06/29/2007 00 30 05 City of Corpus Christi Disclosure of Interest SUPPLIER NUMBER TO BE ASSIGNED BY CITY p PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: LNV, Inc. P.O.BOX: STREET ADDRESS: 801 Navigation Blvd., Suite 300CITY: Corpus Christi ZIP: 78408' FIRM IS: 1. Corporation x 2. Partnership 3. Sole Owner ❑ 4. Association 5. Other ❑ DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) N/A 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 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." N/A Name Boa dd,,Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." N/A Name N/A Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Eric A. Trejo, PE, SECB Title: Sr. Vice President/Principal (Type or Print) Signature of Certifying Date: Person: 7(C441> April 8, 2015 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: Hike&Bike Trail Development-Schanen Hike and Bike Trail(Bonds 2008,20121 Project No. E14066 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: LNV, Inc. (typed or printed) By: ( not re--attach evidence of authority to sign) Name: Eric A. Trejo, PE, SE B (typed or printed) Title: Sr. Vice President/Principal Business address: 801 Navigation Blvd., Suite 300 Corpus Christi, Texas 78408 Phone: 361-883-1984 Email: ETrejo@LNVINC.com END OF SECTION Non-Collusion Certification 00 30 06-1 Hike&Bike Trail Development Schanen Hike and Bike Trail(Bonds 2008,2012) Project No.E14066 11-25-2013 LOBBYING CERTIFICATION For Grants,Contracts, Loans, and Interagency Cooperation Contracts The undersigned certifies to the best of his or her knowledge and belief,that: (1) No federal appropriated funds have been paid or will be paid by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any federal agency,a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement, and the extension,continuation, renewal,amendment, or modification of any federal contract, grant, loan,or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this federal contract,grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form— LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants, loans,and cooperative agreements)and that all subrecipients shall certify and disclosure accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. Signature Sr. Vice President/Principal Title LNV, Inc. Agency April 8, 2015 Date DEBARMENT CERTIFICATION Contractors are not allowed to participate in federally funded projects if they are suspended or debarred. The prime contractor is required to certify as to their current eligibility status. Certification is also required of all prospective participants in lower tier transactions. This includes subcontractors, material suppliers, vendors,etc. Each participant must certify: "....that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency.....and that they have not been convicted or had civil judgment rendered within the past three years for certain types of offenses." Name: Eric A. Trejo, PE,pSECB By: f4.04.- (Signature) Address: 801 Navigation Blvd., Suite 300 Corpus Christi, Texas 78408 Telephone: 361-883-1984 1 Fax: 361-833-1986 I I I I BP 7 OF 10 00 6113 PERFORMANCE BOND BOND NO, TXC606572 Contractor as Principal Surety Name: LNV, Inc . Name: Merchants Bonding Company Mutual) Mailing address(principal place of business): Mailing address(principal place of business): 801 Navigation, Suite 300 2100 Fleur Drive Corpus Christi, TX 78408 Des Moines, Iowa 50321 Physical address(principal place of business): Owner Same Name: City of Corpus Christi,Texas Mailing address(principal place of business): Capital Programs Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Iowa 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): #E14066 Hike and Bike Trail 515-243-8171 Development - Schanen Hike & Telephone(for notice of claim): Bike Trail (Bonds 2008-2012) Same Local Agent for Surety Name: Damon Wagner Award Date of the Contract: June 9, 2015 Address: 9500 Arboretum Blvd, Suite 100 Contract Price: $1, 194, 858 . 16 Austin, TX 78759 Bond Telephone: 512-241-4500 E-Mail Address:dwagner@merchantsbond:ng.com Date of Bond: June 15, 2015 (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of the Contract) notice of claim should be sent may be obtained Said Principal and Surety have signed and sealed from the Texas Dept. of Insurance by calling the this instrument in 4 copies, each one of which shall following toll-free number:1-800-252-3439 be deemed an original. Performance Bond 00 61 13-1 Hike&Bike Trail Development Schanen Hike and Bike Trail(Bonds 2008,2012) Project No.E14066 REV 07-03-2014 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 gal action. Contractor as Prin, + L �, nc . Surety- M- .ch. its :o n• Co ..any (Mutual) Signature: / � �/�`� J ( Signature: l�i� //4 I 1 Name: /p/,' 1. / ' Name: Dennis M. Descant, Jr. Title: Vr,( ���'�S!D641- Title: Attorney in Fact Email Address: gvi E A e Email Address:dennis .descant@bch-insurance .corn (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 00 6113-2 Hike&Bike Trail Development Schanen Hike and Bike Trail(Bonds 2008,2012) Project No.E14066 REV 07-03-2014 00 61 16 PAYMENT BOND BOND NO. TXC606572 Contractor as Principal Surety Name: LNV, Inc . Name:Merchants Bonding Company (Mutual) Mailing address(principal place of business): Mailing address(principal place of business): 801 Navigation, Suite 300 2100 Fleur Drive Corpus Christi, TX 78408 Des Moines, Iowa 50321 Physical address(principal place of business): Owner Same Name: City of Corpus Christi,Texas Mailing address(principal place of business): Capital Programs Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Iowa 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): #E14066 Hike and Bike Trail 515-243-8171 Development - Schanen Hike & Telephone(for notice of claim): Bike Trail (Bonds 2008-2012) Same Local Agent for Surety Name: Damon Wagner Award Date of the Contract: June 9, 2015 Address:9500 Arboretum Blvd. , Suite 100 Contract Price: $1, 194 , 858 . 16 Austin, TX 78759 Bond Telephone:512-241-4500 E-Mail Address:dwagner@merchantsboind ing.corn Date of Bond: June 15, 2015 (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of Contract) notice of claim should be sent maybe obtained Said Principal and Surety have signed and sealed from the Texas Dept. of insurance by calling the this instrument in 4 copies,each one of which shall following toll-free number:1-800-252-3439 be deemed an original. Payment Bond Form 00 61 16-1 Hike&Bike Trail Development Schanen Hike and Bike Trail(Bonds 2008,2012) Project No.E14066 REV.07-03-2014 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 rovisions of said Chapter to he same extent as if it were cop' d at length herein. Ve e shall lie excl ivel y in Nueces County, Texa fo any legal action. Contractor as Pri 'f - Inc Surety Mer on t •a• (Mutual) Signature: / ' • )-ff Signature: Name: /•eE (A , / ext Name: Dennis M. Descant, Jr. Title: G!, &i .JLwr Title: Attorney in Fact Email Address: Q�( e (,/-I J,l.JC ,Gores Email Address:dennis .descant@bch-ins.trance .corr (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 00 6116-2 Hike&Bike Trail Development Schanen Hike and Bike Trail(Bonds 2008,2012) Project No.E14066 REV.07-03-2014 MERCHANia" BONDING COMPANY..: POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations duly organized under the laws of the State of Iowa(herein collectively called the"Companies"), and that the Companies do hereby make,constitute and appoint, individually, Cheryl A Sanders; Deborah Bishop; Dennis M Descant Jr; Jeffrey L Brady of Houston and State of Texas their true and lawful Attorney-in-Fact,with full power and authority hereby conferred in their name, place and stead, to sign. execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: FIVE MILLION($5,000,000.00)DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney-in-Fact, pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of Directors of the Merchants Bonding Company(Mutual)on April 23.2011 and adopted by the Board of Directors of Merchants National Bonding.Inc.,on October 24,2011. "The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings.recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking. recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 9th day of February , 2015. ,,luab.11,,,,,� •.•---•.• • ,.• *-t_�Ot,,s. :�1��N�� C�4' .. MERCHANTS BONDING COMPANY(MUTUAL) 'spy/0..1"ORq, ©© ;•� oRP�Aq�Tyo.e: MERCHANTS NATIONAL BONDING,INC. ,L•- .F-..- -O- C• Zci • - 203 :0- • ..Q• 1933 c; J .y;. ,ti. B /(117 774, y .:;��� .' '. d� . •`;gid • STATE OF IOWA *.. • ••� COUNTY OF POLK ss. """""'..�,�' ••• ••• President On this 9th day of February . 2015,before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.;and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies:and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa.the day and year first above written. AP9,tAz WENDY WOODY v Commission Number 784654 °')"`° My Commission Expires • June 20, 2017 Notary Public,Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Wamer,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this 15th day of June,2015 • *1,,Ilii„rlry,ry, •• •• 1014��o,� • p�NG •Coo • w,•:' - • '• ccs; iLs�ll' `� '' •a' 1933 '3 Secretary 2003 .' .• • •ti POA 0014(7;14) . .'\474;........ ,�tea;` •••. c •• ir M rl MERCHANTS BONDING COMPANY,. MERCHANTS BONDING COMPANY(MUTUAL) • MERCHANTS NATIONAL BONDING. INC. 2100 FLEUR DRIVE • DES MOINES, IOWA 50321-1158 . (800)678-8171 • (515)243-3854 FAX Please send all notices of claim on this bond to: Merchants Bonding Company(Mutual) / Merchants National Bonding, Inc. 2100 Fleur Drive Des Moines, Iowa 50321-1158 (515) 243-8171 (800) 678-8171 SUP 0073 TX(2/12) i,.', LNVIN-1 OP ID:BGM A`.R�m CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 06/15/2015 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 Carlisle Insurance Agency, Inc PHONE Brandy Mattox,ACSR,CISR FAX Corpus Christi Office WC,No,Ex*361-884-2775 (A/c,No):361-884-3470 __ 500 N Water Suite 900 E-MAIL m brandY l:@�1carlisleins.com ADDRESS: Corpus Christi,TX 78401-0234 Daniel C Carlisle,CIC INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Columbia Mutual Insurance Co INSURED LNV Inc INSURER B:Allstate County Mutual 29335 / 801 Navigation Blvd.Ste 200 INSURER C:Com m erce&Industry 19410 Corpus Christi,TX 78408 INSURER D:Texas Mutual Insurance Co • 22945 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTRINS° WVn POLICY NUMBER IMM/DD/YYYYI IMM/DD/YYYYI A X COMMERCIAL GENERAL LIABILITY j EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR BOPTX0000094495 04/06/2015 04/06/2016 PR10 RENrED 300 000 PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JECOT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 $ OTHER:` AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) B X ANY AUTO / 648277944 04/06/2015 04/06/2016 BODILY INJURY(Per person) $ ' ALL OWNED SCHEDULED BODILYINJURY(Peraccident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS (Per accident) _ $ $ UMBRELLA UAB X =up / EACH OCCURRENCE $ 5,000,000 C X EXCESS UAB CLAIMS-MADE 6E065159774 04/06/2015 04/06/2016 AGGREGATE $ 5,000,000 DED RETENTION$ $ WORKERS COMPENSATION X PER 0TH ER AND EMPLOYERS'LIABILITY /' D ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N TSF0001285499 04/06/2015 04/06/2016 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 Eves,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Engineer Consultants - State of Texas Project Name - Hike & Bike Trail Development, Schanen Hike and Bike Trail (Bonds 2008,2012) Project No.E14066 j CERTIFICATE HOLDER CANCELLATION CITYO44 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Corpus Christi ACCORDANCE WITH THE POLICY PROVISIONS. City Secretary 1201 Leopard Street AUTHORIZED REPRESENTATIVE Corpus Christi,TX 78401 �,....0c...V.-4 1 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD NOTEPADLNVIN-1 PAGE 2 INSURED'SNAME LNV Inc OP ID:BGM Date 06/15/2015 Form #B05000811 The General Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. Form #B05000811 The General Liability policy includes a blanket automatic additional insured - Completed Operations endorsement that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. Form #B05000811 The General Liability policy contains a special endorsement with "Primary and Noncontributory wording. Form #B05000811 The General Liability policy includes a blanket automatic waiver of subrogation endorsement that provides waiver of subrogation status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. Form #AATX201011 The Commercial Auto policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. Form #AATX201011 The Commercial Auto policy includes a blanket automatic waiver of subrogation endorsement that provides waiver of subrogation status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. Form #WC420304B The Workers Comp policy includes a blanket automatic waiver of subrogation endorsement that provides waiver of subrogation status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. Excess Liability is Follow Form 80PTX0000094495 BO-500(8-11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSOWNERS PREMIER ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM The following is revised under SECTION I —PROPERTY, A. Coverage, 1. Covered Property: a.(6)(b) Materials, equipment, supplies and temporary structures, on or within 1,000 feet of the described premises, used for making additions, alterations or repairs to the buildings or structures. b. Business Personal Property located in or on the buildings at the described premises or in the open (or in a vehicle) within 1,000 feet of the described premises, including: The following are added to SECTION I —PROPERTY, A. Coverage, 4. Limitations: For loss or damage from water that backs up or overflows from a sewer, drain or sump, the most we will pay is $10,000 per occurrence, which includes any related Business Income and Extra Expense losses. We will not pay for this loss or damage in any one occurrence until the amount of loss or damage exceeds $500. For loss or damage due to failure of power or other utility service supplied to the described premises, however caused, which occurs away from the described premises, the most we will pay under A.5.f. Business Income is the actual loss of business income you sustain for no more than 30 days after the loss occurs. This limitation is not subject to the terms of the Power Failure Exclusion, to the extent that such Exclusion would conflict with the provisions of this Limitation. The following is revised under SECTION I — PROPERTY,A. Coverage, 5. Additional Coverages, a. Debris Removal: (4) The first paragraph is replaced with: We will pay up to an additional $25,000 for debris removal expense, for each location, in any one occurrence of physical loss or damage to Covered Property, if one or both of the following circumstances apply: The last paragraph is replaced with: Therefore, if Paragraphs (4)(a) and/or (4)(b) apply, our total payment for direct physical loss or damage and debris removal expense may reach but will never exceed the Limit of Insurance on the Covered Property that has sustained loss or damage, plus $25,000. (5) Examples—is deleted The first paragraph under SECTION I — PROPERTY, A. Coverage, 5. Additional Coverages, c. Fire Department Service Charge is replaced with: When the fire department is called to save or protect Covered Property from a Covered Cause of Loss, we will pay up to $5,000, unless a different limit is shown in the Declarations, for your liability for fire department service charges: BO-500 (8-11) Page 1 of 5 BO-500 (8-11) The last paragraph under SECTION I — PROPERTY, A. Coverage, 5. Additional Coverages, h. Pollutant Clean-up And Removal is replaced with: The most we will pay for each location under this Additional Coverage is $25,000 for the sum of all such expenses arising out of Covered Causes of Loss occurring during each 12-month period of this policy. The following paragraph is replaced under SECTION I — PROPERTY, A. Coverage, 5. Additional Coverages, k. Forgery Or Alteration: (4) The most we will pay for any loss, including legal expenses, under this Additional Coverage is $10,000, unless a higher Limit of Insurance is shown in the Declarations. The following paragraph is replaced under SECTION I — PROPERTY, A. Coverage, 5. Additional Coverages, I. Increased Cost of Construction: (6) The most we will pay under this Additional Coverage for each described building insured under SECTION I — PROPERTY, is $10,000. This amount payable under this Additional Coverage is additional insurance. In addition, you may also apply up to $50,000 of the policy limit to loss or damage covered by this Additional Coverage. The following paragraph is replaced under SECTION I — PROPERTY, A. Coverage, 5. Additional Coverages,o. Fire Extinguisher Systems Recharge Expense: (3) The most we will pay under this Additional Coverage is $10,000 in any one occurrence. The following paragraph is replaced under SECTION I — PROPERTY, A. Coverage, 5. Additional Coverages, p. Electronic Data: (3) The most we will pay under this Additional Coverage— Electronic Data for all loss or damage sustained in any one policy year, regardless of the number of occurrences of loss or damage or the number of premises, locations or computer systems involved, is $25,000, unless a higher Limit of Insurance is shown in the Declarations. If loss payment on the first occurrence does not exhaust this amount, then the balance is available for subsequent loss or damage sustained in, but not after, that policy year. With respect to an occurrence which begins in one policy year and continues or results in additional loss or damage in a subsequent policy year(s), all loss or damage is deemed to be sustained in the policy year in which the occurrence began. The following are added to SECTION I—PROPERTY, A. Coverage, 5. Additional Coverages: Contractor's Equipment/ Miscellaneous Tools and Equipment (1) The following definitions apply to the Contractor's Equipment / Miscellaneous Tools and Equipment additional coverage: (a) "Loss" means accidental loss or damage. (b) "Contractor's equipment" means power shovels, pile drivers, cranes, derricks, drag lines, drills, bulldozers, earth movers, engines, hoists, tractors, pneumatic tool and similar types of mobile equipment customarily used by contractors. (c) "Miscellaneous tools and equipment" means any tools or equipment you own valued under$1,000. (2) We will pay for"loss" to Covered Property from any of the Covered Causes of Loss. Covered Property, as used in this additional coverage means: (a) "contractor's equipment" you own, lease or rent from others; and (b) "miscellaneous tools and equipment". BO-500 (8-11) Page 2 of 5 BO-500 (8-11) Covered Property does not include: (a) motor vehicles designed for highway use, including motorcycles; aircraft or watercraft; (b) plans, blueprints, designs, or specifications; (c) property located underground, in caissons, or underwater; (d) waterborne property unless loss is caused by fire; (e) property which has become a permanent part of any structure; and (f) dynamos, exciters, lamps, switches, motors or other electrical appliances or devices, including wiring, if loss is caused by artificially generated current creating a short circuit or other electric disturbance. But we will pay for direct"loss" caused by resulting fire. Covered Causes of Loss means risks of direct physical "loss" to Covered Property except those causes of"loss' listed in the exclusions. (3) We will pay for damage caused directly by theft or attempted theft to: (a) that part of any building containing Covered Property; or (b) equipment within the building used to maintain or service the building; only if you own the building or are legally responsible for the damage. But we will not pay for damage caused by fire; or to glass or to lettering or artwork on glass. This coverage extension is included within the limit of insurance applicable to the Covered Property at the premises where the damage occurs. (4) The following additional exclusions apply to the Contractor's Equipment / Miscellaneous Tools and Equipment additional coverage. We will not pay for a "loss"caused by or resulting from any of the following: (a) weight of a load exceeding the lifting capacity of any machine, as established by the manufacturer, or collision of the boom with any part of the machine or any other object; (b) unexplained loss, mysterious disappearance or shortage found upon taking inventory; (c) processing or work upon the property. But we will pay for direct"loss" caused by resulting fire or explosion, if these causes of "loss" would be covered under this additional coverage; or (d) unauthorized instructions to transfer property to any person or to any place. (5) Limit of Insurance: The most we will pay for"loss" in any one occurrence under this additional coverage is $5,000 for "contractor's equipment" you own, lease or rent from others, and $5,000 for"miscellaneous tools and equipment". (6) All covered property is agreed to be in sound condition at the time coverage begins. The following is revised under SECTION I — PROPERTY,A. Coverage, 6. Coverage Extensions, a. Newly Acquired or Constructed Property: (1) The last paragraph is replaced with: The most we will pay for loss or damage under this Extension is $500,000 at each building. (2) The last paragraph is replaced with: The most we will pay for loss or damage under this Extension is $250,000 at each building. (3)(b) 180 days expire after you acquire the property or begin construction of that part of the building that would qualify as covered property; or BO-500 (8-11) Page 3 of 5 BO-500 (8-11) The following is revised under SECTION I — PROPERTY,A. Coverage, 6. Coverage Extensions, b. Personal Property Off-premises: You may extend the insurance provided by this policy to apply to your Covered Property, other than "money" and "securities", "valuable papers and records" or accounts receivable, while it is in the course of transit or at a premises you do not own, lease or operate. The most we will pay for loss or damage under this Extension is $25,000. The last paragraph under SECTION I — PROPERTY, A. Coverage, 6. Coverage Extensions, c. Outdoor Property is replaced with: The most we will pay for loss or damage under this Extension is $10,000, unless a higher Limit of Insurance for Outdoor Property is shown in the Declarations, but not more than $1,000 for any one tree, shrub or plant. The last paragraph under SECTION I — PROPERTY, A. Coverage, 6. Coverage Extensions, d. Personal Effects is replaced with: The most we will pay for loss or damage under this Extension is $10,000 at each described premises. The following is revised under SECTION I — PROPERTY,A. Coverage, 6. Coverage Extensions, e. Valuable Papers And Records: (3) The most we will pay under this Coverage Extension for loss or damage to "valuable papers and records" in any one occurrence at the described premises is $50,000, unless a higher Limit of Insurance for "valuable papers and records" is shown in the Declarations. For "valuable papers and records" not at the described premises, the most we will pay is $50,000. The following is revised under SECTION I — PROPERTY, A. Coverage, 6. Coverage Extensions, f. Accounts Receivable: (2) The most we will pay under this Coverage Extension for loss or damage in any one occurrence at the described premises is $50,000, unless a higher Limit of Insurance for accounts receivable is shown in the Declarations. For accounts receivable not at the described premises, the most we will pay is $50,000. The following are added to SECTION I —PROPERTY, A. Coverage, 6. Coverage Extensions: Food Contamination Business Interruption You may extend insurance provided by this Coverage Form to cover actual loss of business income if direct action by a Civil Authority prohibits access to the described premises due to food contamination. For purposes of this extension only, the closing of your business due to food contamination will be considered a Covered Cause of Loss and will provide coverage as described in A.5.f. Business Income for actual loss of business income you sustain, however, for no more than 30 days after the Civil Authority order is issued. BO-500 (8-11) Page 4 of 5 BO-500 (8-11) Lock Replacement You may extend insurance provided by this Coverage Form to cover necessary expenses incurred to repair or replace exterior or interior door locks of a covered building: (1) if your door keys are stolen in a covered theft loss; or (2) when your property is damaged and your door keys are stolen by the burglars. The most we will pay under this extension is $1,000 for any one occurrence. Reward Reimbursement You may extend insurance provided by this Coverage Form to provide a reward for information that leads to a criminal conviction in connection with loss or damage to covered property by a Covered Cause of Loss. The most we will pay for loss under this extension is $10,000 regardless of the number of persons involved providing information. No deductible shall apply to this coverage extension. The following paragraph in SECTION I — PROPERTY, B. Exclusions, 1.g. Water is deleted: (3) Water that backs up or overflows or is otherwise discharged from a sewer, drain, sump, sump pump or related equipment; The following amends SECTION II — LIABILITY, C. Who Is An Insured: \, Who Is An Insured is amended to include as an insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability arising out of your ongoing operations performed for that insured. Liability for "bodily injury" or "property damage" caused, in whole, or in part, by "your work" arising out of your ongoing operations performed for that additional insured and included in the "products-completed operations hazard". The insurance provided to the person or organization is primary insurance and we will not seek contribution from any other insurance available to that insured. With respect to the insurance afforded these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage", or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) supervisory, inspection, architectural or engineering activities. The following is added to SECTION II — LIABILITY, E. Liability and Medical Expenses General Conditions: Transfer of Rights of Recovery Against Others to Us We waive any right of recovery we may have against any person or organizatimgsutsg of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver, however, applies only when required to waive such right of recovery by written contract with that person or organization. BO-500 (8-11) Page 5 of 5 ®Allstate. Yo,lre in good hands. COMMERCIAL AUTO 1648277944 l AA TX 201011 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENHANCEMENT ENDORSEMENT TECoverage provided under this policy is modified by the attachment of this endorsement If there is any conflict in coverage provisions between this form and any stale specific endorsement also attached to this policy, the provision(s)of the state specific form shall apply. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM In SECTION I-COVERED AUTOS,the following changes are made: The following is added: D. Physical Damage Coverage for Temporary Under A. Coverage, Who Is An Insured, the following Substitute and Leased Autos is added: If Physical Damage Coverage is provided by this d. Any organization, other than a partnership or joint policy,the following kinds of"autos"are covered venture, over which you maintain ownership or in " which you hold a majority interest. This provision autos for the same coverages provided by the applies only if there is no similar insurance provided policy: to that organization. 1. Any private passenger "auto', or other than a Any organization you acquire or form after policy private passenger vehicle with gross vehicle inception, other than a partnership or joint venture, weight of 20,000 lbs. or less, you do not own over which you,.maintain ownership, or in which while used with the permission of the owner as you hold a majority interest. Coverage under this a temporary substitute for a covered"auto"you provision does not apply; own that is out of service because of its: (1) If there is similar insurance provided to that organization; or a. Breakdown; (2) To "bodily injury" or 'property damage" that b. Repair; occurred before you acquired or formed the c. Servicing; organization. d. "Loss'; or f. Any person or organization that you are required to name as an additional insured under the terms of a e. Destruction. written job contract, or by written insurance 2. Private passenger"autos"and other than private requirements executed prior to any covered loss" passenger vehicles with gross vehicle weight of or claim. This protection applies only if the person 10,000 lbs. or less, leased, hired, rented, or or organization is liable for the conduct of an borrowed for a period of 30 days or less.This 'insured"and only to the extent of that liability. does not include any vehicle you lease, hire, rent, or borrow from any of your "employees" Under A. Coverage, Coverage Extensions, or partners or members of their households. Supplementary Payments, subparagraphs (2) and (4)are replaced with the following: In SECTION II — UABIUTY COVERAGE, the following changes are made: Includes copyrighted material of Insurance Services Office, Inc.,with its permission BU114R-3 AA TX 20 10 11 Allstate County Mutual Insurance Company Page 1 of 3 Insured Full Copy (2) Up to $5,000 for cost of bail bonds (including (4) Costs for extended warranties, Credit bonds for related traffic law violations) required Life Insurance, Health, Accident or because of an "accident" we cover. We do not Disability Insurance purchased with the have to furnish these bonds. loan or lease;and (4) All reasonable expenses incurred by the'insured' (5) Carry-over balances from previous loans at our request, including loss of earnings up to or leases. $500 a day because of time off from work. Under D. Deductible, the following paragraph is added: Under B. Exclusions, Fellow Employee, the following When Collision Coverage is provided by this paragraph is added: policy, the deductible amount will not be But this exclusion does not apply to "bodily injury" to subtracted from the loss payment in collisions a fellow "employee' caused by any person whose involving your covered "auto"and another auto position within the insured organization is at or above covered by Allstate Insurance Company or any the level of manager or supervisor. of it's affiliates. Coverage afforded by this provision is excess over any other collectible insurance. In SECTION IV - BUSINESS AUTO CONDITIONS, the following changes are made: In SECTION III - PHYSICAL DAMAGE COVERAGE, the following changes are made: Under A. Loss Conditions,Duties In The Event Of Accident,Claim, Suit Or Loss Condition, the following is added under subpart a Under A. Coverage, Coverage Extensions, the Knowledge of an "accident" or loss" by any of following is added: your agents, servants or "employees"shall not c.Personal Effects Coverage in itself constitute knowledge by you, unless In the event of a total theft of your covered "auto", you or one of your corporate officers or for which you carry either Comprehensive or managers, or any assignee, shall have received Specified Causes of Loss coverage, we will pay up such notice from the agent, servant or to$500 for the personal effects which are: employee". 1. owned by you;and 2. in your covered "auto"at the time of the total theft When you report an occurrence of any of such "auto". "accident" or loss"to a Worker's Compensation carrier or self insured plan providing the named No deductible applies to Personal Effects Coverage. insured's Worker's Compensation insurance which later develops into a claim submitted Under A.Coverage, the following is added: under this policy, failure to report such 5.Lease and Loan Coverage "accident"or loss" to us at the same time shall not be deemed a violation of this condition. In the event of a total loss` to a covered 'auto" After you become aware of such liability claim shown in the Schedule or Declarations for which a arising from the "accident" or loss", you must specific premium charge indicates that physical give us prompt notice. damage coverage applies, we will pay any unpaid amount due on the lease or loan for a covered "auto", less: Under A.Loss Conditions,Transfer of Rights of a. The amount paid under the Physical Damage �'arY t Others To Us, the following Coverage section of the policy;and is added: b. Any: We waive any right of recovery we may have of (1) Overdue lease/loan payments at the time of payments nst we make foerson r injuryranioor damageion ga arising the loss"; payments out of work you perform under a contract with (2) Financial penalties imposed under a such person or organization, in which you have lease for excessive use, abnormal wear agreed to waive your right of such recovery. and tear or high mileage; (3) Security deposits not returned by the lessor; Includes copyrighted material of Insurance Services Office, Inc.,with its permission AA TX 20 10 11 Allstate County Mutual Insurance Company Page 2 of 3 Insured Full Copy m ®Allstate. You ns in good hands. Under B. General Conditions, Conceaknent, Misrepresentation Or Fraud, the following is added: This condition does not apply to any omission or failure to provide material facts if the omission or failure was unintentional. Includes copyrighted material of Insurance Services Office, Inc.,with its permission �tsr AA TX 20 10 11 Allstate County Mutual Insurance Company Page 3 of 3 BU114R-3 Insured Full Copy I BOPTX0000094495 BUSINESSOWNERS BP 01 1811 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM A. Section I-Property is amended as follows: (2) We will still retain our right to 1. Paragraph B. Exclusions is amended as fol- deny the claim. lows: 3. Paragraph E.3. Duties In The Event Of Loss a. Paragraph 2.1.(4) is replaced by the fol- Or Damage Property Loss Condition is lowing: amended as follows: (4) Settling, cracking, shrinking, expan a. Paragraph a.(2) is replaced by the sion or contraction; following: b. The following is added to Paragraph (2) Give us prompt notice of the loss or 2.1.Other Types Of Loss: damage. Include a description of the property involved. However, (8) Release, discharge or dispersal of with respect to loss or damage in contaminants or pollutants. the state of Texas caused by 2. Paragraph E.2. Appraisal Property Loss windstorm or hail in the catas- Condition is replaced by the following: trophe area as defined by the Texas 2. Appraisal Insurance Code, any claim must be filed with us not later than one year a. If we and you disagree on the after the date of the loss or damage amount of loss, either may make that is the subject of the claim, written demand for an appraisal of except that a claim may be filed the loss. In this event, each party after the first anniversary of the will select a competent and date of the loss or damage for good impartial appraiser and notify the cause shown by the person filing other of the appraiser selected the claim. within 20 days of such demand. b. Paragraph a.(7) is replaced by the The two appraisers will select an following: umpire. If they cannot agree within 15 days upon such umpire, either (7) Send us a signed, sworn proof of may request that selection be made loss containing the information we by a judge of a court having jur- request to investigate the claim. isdiction. Each appraiser will state You must do this within 91 days separately the amount of loss. If after our request. We will supply they fail to agree, they will submit you with the necessary forms. their differences to the umpire. A 4. Paragraph E.4. Legal Action Against Us decision agreed to by any two will Property Loss Condition is replaced by the be binding as to the amount of following, except as provided in 7. below: loss. Each party will: 4. Legal Action Against Us (1) Pay its chosen appraiser; and a. Except as provided in Paragraph b., (2) Bear the other expenses of the no one may bring a legal action appraisal and umpire equally, against us under this insurance un- b. If there is an appraisal: less: (1) You will retain your right to (1) There has been full compliance bring a legal action against us, with all of the terms of this in- subject to the provisions of surance;and Paragraph E.4. Legal Action Against Us Property Loss Con- dition; and BP 01 18 11 13 © Insurance Services Office, Inc., 2013 Page 1 of 5 Wolters Kluwer Financial Services I Uniform FormsTM (2) The action is brought within the applicable Limit of Insur- two years and one day from the ance to 80% of the full date the cause of action first replacement cost of the accrues. A cause of action ac- property immediately before crues on the date of the initial the loss. breach of our contractual duties b. The following is added: as alleged in the action. b. With respect to loss or damage in Section 862.053. Policy A Liquidated bemand the state of Texas caused by windstorm or hail in the catas- A fire insurance policy, in case of total trophe area as defined by the Texas loss by fire of property insured,shall be Insurance Code, no one may bring held and considered to be a liquidated a legal action against us under this demand against the company for the insurance, unless: full amount of such policy. The pro- (1) There has been full compliance visions of this Article shall not apply to Personal property. with all of the terms of this insurance; and c. Under Paragraph E.S. Loss Payment, The actionthe provisions pertaining to notice of (2) is brought within the earlier the following: our intentions and the time period for payment of claims are replaced by the (a) Two years and one day following: from the date we accept or (1) Claims Handling reject the claim; or (b) Three years and one day (a) Within 15 days after we receive from the date of the loss or written notice of claim, we will: damage that is the subject (i) Acknowledge receipt of the of the claim. claim. If we do not ac- knowledgeThis Paragraph 4. does not apply to inreceipt weof the Paragraph E.4. Legal Action Against Us claim in writing, will g keep a record of the date, Liability And Medical Expenses General method and content of the Condition in Section II—Liability. acknowledgment; 5. Paragraph E.S.Loss Payment Property Loss (ii) Begin any investigation of Condition is amended as follows: the claim; and a. Paragraph 5.d.(1)(b) is replaced by the (iii) Request a signed, sworn following: proof of loss, specify the (b) If, at the time of the loss, the information you must pro- Limit of Insurance applicable to vide and supply you with the lost or damaged property is the necessary forms. We less than 80% of the full may request more informa- replacement cost of the prop- tion at a later date, if during erty immediately before the the investigation of the loss, we will pay the greater of claim such additional infor- the following amounts, but not mation is necessary. more than the Limit of Insur- (b) We will notify you in writing as ance that applies to the prop- to whether: erty: (i) The claim or part of the (i) The actual cash value of the claim will be paid; lost or damaged property; or (ii) The claim or part of the claim has been denied, and (ii) A proportion of the cost to inform you of the reasons repair or replace the lost or for denial; damaged property, after ap- plication of the deductible (iii) More information is neces- and without deduction for sary; or depreciation. This propor- tion will equal the ratio of Page 2 of 5 © Insurance Services Office, Inc., 2013 BP 01 18 11 13 (iv)We need additional time to (b) Is determined to be a catas- reach a decision. If we need trophe by the State Board of additional time, we will in- Insurance. form you of the reasons for (4) The term "business day", as used such need. in the Loss Payment Property Loss We will provide notification, as Condition, means a day other than described in (b)(i) through Saturday, Sunday or a holiday rec- (b)(iv)above within: ognized by the state of Texas. (i) 15 business days after we 6. The following is added to Paragraph F. receive the signed, sworn Property General Conditions: proof of loss and all infor- 5. Loss To Real Property mation we requested; or (ii) 30 days after we receive The amount of insurance applicable to the signed, sworn proof of loss to real property by fire will be reduced by the amount of such loss. loss and all information we As repairs are made, the amount requested, if we have rea- reduced will be reinstated to the extent son to believe the loss of the value of the repairs. The re- resulted from arson. instatement will not increase the If we notified you that we specified Limits of Insurance. need additional time to No other loss insured against in Section reach a decision, we must I — Property will reduce the specified then either approve or deny Limits of Insurance. the claim within 45 days of such notice. 7. Paragraphs F.2.d. and F.2.f. of the We will pay for covered loss or Mortgageholders Property General Condi- (2) tion are replaced by the following: damage within five business days after: d. If we deny your claim because of your acts or because you have failed to (a) We have notified you that pay- comply with the terms of this policy, ment of the claim or part of the the mortgageholder will still have the claim will be made and have right to receive loss payment if the reached agreement with you on mortgageholder: the amount of loss; or (b) An appraisal award has been (1) Pays any premium due under this policy at our request if you have made. failed to do so; However, if payment of the claim (2) Submits a signed, sworn proof of or part of the claim is conditioned loss within 91 days after receiving on your compliance with any terms notice from us of your failure to do of this policy, we will make so; and payment within five business days after the date you have complied (3) Has notified us of any change in with such terms. ownership, occupancy or sub- stantial change in risk known to the (3) Catastrophe p Claims mortgageholder. If a claim results from a weather- All of the terms of this policy will then related catastrophe or a major apply directly to the mortgageholder. natural disaster, the claim handling and claim payment deadlines f. If this policy is cancelled, we will give described in c.(1) and c.(2) above the mortgageholder named in the are extended for an additional 15 Declarations written notice of cancel- days. lation. Catastrophe or Major Natural Dis- If we cancel this policy, we will notify aster means a weather-related the mortgageholder at least: event which: (1) 14 days before the effective date of (a) Is declared a disaster under the cancellation if we cancel for your Texas Disaster Act of 1975; or nonpayment of premium; or BP 01 18 11 13 © Insurance Services Office, Inc., 2013 Page 3 of 5 (2) 30 days before the effective date of C. Section III - Common Policy Conditions is cancellation if we cancel for any amended as follows: other reason. 1. Paragraph A.2. Cancellation is replaced by If you cancel the policy, we will give the following: the mortgageholder notice of can- 2. We may cancel this policy: cellation to be effective on the date stated in the notice. The date of a. By mailing or delivering to the first cancellation cannot be before the 10th Named Insured written notice of day after the date we mail the notice. cancellation, stating the reason for 8. Paragraph H. Property Definitions is cancellation, at least 10 days be- fore the effective date of cancell- amended as follows: ation. Paragraph 9.b.is replaced by the following: b. For the following reasons, if this b. "Period of restoration" does not include policy does not provide coverage to any increased period required due to a governmental unit, as defined the enforcement of any ordinance or under 28 TEX. ADMIN. CODE, law that regulates the construction, use Section 5.7001 or on one- and or repair, or requires the tearing down two-family dwellings: of any property. (1) If this policy has been in effect The expiration date of this policy will for 60 days or less, we may not cut short the "period of restor- cancel for any reason except ation". that, under the provisions of B. Section II-Liability is amended as follows: the Texas Insurance Code, we 1. The followingis added to Paragraph E.2. D may not cancel this policy solely because the policyholder uties In The Event Of Occurrence, Offense, is an elected official; or Claim Or Suit Liability And Medical Expenses General Condition and similar (2) If this policy has been in effect conditions in any endorsement attached to for more than 60 days, or if it is this policy: a renewal or continuation of a policy issued by us, we may We will notify the first Named Insured in cancel only for one or more of writing of: the following reasons: a. An initial offer to settle a claim made or (a) Fraud in obtaining coverage; "suit" brought against the insured under this coverage. The notice will be (b) Failure to pay premiums given not later than the 10th day after when due; the date on which the offer is made. (c) An increase in hazard within b. Any settlement of a claim made or the control of the insured "suit" brought against the insured which would produce an increase in rate; under this coverage. The notice will be given not later than the 30th day after (d) Loss of our reinsurance the date of the settlement. covering all or part of the 2. The following provision applies: risk covered by the policy; or With regard to liability for "bodily injury", (e) If we have been placed in "property damage" and "personal andsupervision, conservator- advertising injury", unless we are pre ship or receivership and the judiced by the insureds or your failure to comply with the requirement, no provision cancellation is approved or of this policy requiring you or any insured directed by the supervisor, to give notice of "occurrence", claim or conservator or receiver. "suit" or to forward demands, notices, summonses or legal papers in connection with a claim or "suit" will bar coverage under this policy. Page 4 of 5 © Insurance Services Office, Inc., 2013 BP 01 18 11 13 c. For the following reasons, if this 2. The following paragraph is added and su- policy provides coverage to a gov- persedes any provision to the contrary: emmental unit, as defined under 28 M. Nonrenewal TEX. ADMIN. CODE, Section 5.7001 or on one- and two-family 1. We may elect not to renew this dwellings: policy except that, under the this haspro- visions of the Texas Insurance (1) Ifpolicy been effect for less cn days, inwmay Code, we may not refuse to renew this policy solely because the cancel this policy for any policyholder is an elected official. reason. (2) If this policy has been in effect 2. If we elect not to renew this policy, we may do so by mailing or for 90 days or more, or if it is a delivering to the first Named In- renewal or continuation of a sured, at the last mailing address policy issued by us, we may known to us, written notice of cancel this policy only for the nonrenewal, stating the reason for following reasons: nonrenewal,at least 60 days before (a) If the first Named Insured the expiration date. If notice is does not pay the premium mailed or delivered less than 60 or any portion of the pre- days before the expiration date,this mium when due; policy will remain in effect until the (b) If the Texas Department of 61st day after the date on which Insurance determines that the notice is mailed or delivered. continuation of this policy Earned premium for any period of would result in violation of coverage that extends beyond the the Texas Insurance Code expiration date will be computed or any other law governing pro rata based on the previous the business of insurance in year's premium. Texas; 3. If notice is mailed, proof of mailing (c) If the Named Insured sub- will be sufficient proof of notice. mits a fraudulent claim; or 4. The transfer of a policyholder be- (d) If there is an increase in the tween admitted companies within hazard within the control of the same insurance group is not the Named Insured which considered a refusal to renew. would produce an increase 3. Paragraph 1.3. Premiums does not apply. in rate. BP 01 18 11 13 © Insurance Services Office, Inc., 2013 Page 5 of 5 lJ Allstate. You're in good hands. 1648277944 / IL 00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation b. Give you reports on the conditions we find; 1. The first Named Insured shown in the Declara- and tions may cancel this policy by mailing or deliv- c. Recommend changes. ering to us advance written notice of cancella- tion. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any 2. We may cancel this policy by mailing or deliver- such actions we do undertake relate only to fin- ing to the first Named Insured written notice of surability and the premiums to be charged. We cancellation at least: do not make safety inspections. We do not un- a 10 days before the effective date of cancella- dertake to perform the duty of any person or tion if we cancel for nonpayment of pre- organization to provide for the health or safely mium; or of workers or the public. And we do not war- rant that conditions: b. 30 days before the effective date of cancella a. Are safe or healthful; or tion if we cancel for any other reason. 3. We will mail or deliver our notice to the first b. Comply with laws, regulations, codes or Named Insured's last mailing address known to standards. us. 3. Paragraphs 1. and 2. of this condition apply 4. Notice of cancellation will state the effective not only to us, but also to any rating, advisory, date of cancellation. The policy period will end rate service or similar organization which on that date. makes insurance inspections, surveys, reports or recommendations. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we 4. Paragraph 2. of this condition does not apply cancel, the refund will be pro rata. If the first to any inspections, surveys, reports or recom- Named Insured cancels,the refund may be less mendations we may make relative to certifica- than pro rata. The cancellation will be effective tion, under state or municipal statutes, ordi- even if we have not made or offered a refund. nances or regulations, of boilers, pressure ves- sels or elevators. 6. If notice is mailed, proof of mailing will be suffi- cient proof of notice. E. Premiums a Cham The first Named Insured shown in the Declara- tions: This policy contains all the agreements between you and us concerning the insurance afforded. 1. Is responsible for the payment of all premiums; The first Named Insured shown in the Declarations and is authorized to make changes in the terms of this 2. Will be the payee for any return premiums we policy with our consent.This policy's terms can be pay. amended or waived only by endorsement issued F. Transfer Of Your Rights And Duties Under This by us and made a part of this policy. Policy C. Examination Of Your Books And Records Your rights and duties under this policy may not We may examine and audit your books and re- be transferred without our written consent except cords as they relate to this policy at any time dur- in the case of death of an individual named fin- ing the policy period and up to three years after- sured. ward. If you die, your rights and duties will be trans- D. Inspections And Surveys ferred to your legal representative but only while 1. We have the right to: acting within the scope of duties as your legal rep- resentative. Until your legal representative is ap- a Make inspections and surveys at any time; pointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. j BUI14R-3 IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 0 Insured Full Copy ill TEXAS WORKERS' COMPENSATION AND TexasMuturEMPLOYERS LIABILITY POLICY Insurance Company WC 42 03 01 G TEXAS AMENDATORY ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. GENERAL SECTION B. Who Is Insured is amended to read: You are insured if you are an employer named in Item 1 of the Information Page. If that employer is a partnership or joint venture, and if you are one of its partners or members, you are insured, but only in your capacity as an employer of the partnership's or joint venture's employees. D. State is amended to read: State means any state or territory of the United States of America, and the District of Columbia. PART ONE -WORKERS'COMPENSATION INSURANCE E. Other Insurance is amended by adding this sentence: This section only applies if you have other insurance or are self-insured for the same loss. F. Payments You Must Make This section is amended by deleting the words"workers' compensation"from number 4. H. Statutory Provisions This section is amended by deleting the words"after an injury occurs"from number 2. PART TWO -EMPLOYERS LIABILITY INSURANCE C. Exclusions Sections 2 and 3 are amended to add: This exclusion does not apply unless the violation of law caused or contributed to the bodily injury. Section 6 is amended to read: 6. Bodily injury occurring outside the United States of America, its territories or possessions, and Canada. This exclusion does not apply to bodily injury to a citizen or resident of the United States of America, Mexico or Canada who is temporarily outside these countries. D. We Will Defend This section is amended by deleting the last sentence. WC420301 G (6-01-2014) Page 1 of 3 PART FOUR-YOUR DUTIES IF INJURY OCCURS Number 6 of this part is amended to read: 6. Texas law allows you to make weekly payments to an injured employee in certain instances. Unless authorized by law, do not voluntarily make payments, assume obligations or incur expenses, except at your own cost. PART FIVE-PREMIUM A. Our Manuals are amended by adding the sentence: In this part, "our manuals" means manuals approved or prescribed by the Texas Department of Insurance. C. Remuneration Number 2 is amended to read: 2. All other persons engaged in work that would make us liable under Part One (Workers' Compensation Insurance) of this policy. This paragraph 2 will not apply if you give us proof that the employers of these persons lawfully secured workers' compensation insurance. E. Final Premium Number 2 is amended to read: 2. If you cancel, final premium will be calculated pro rata based on the time this policy was in force. Final premium will not be less than the pro rata share of the minimum premium. PART SIX-CONDITIONS A. Inspection is amended by adding this sentence: Your failure to comply with the safety recommendations made as a result of an inspection may cause the policy to be canceled by us. C. Transfer of Your Rights and Duties is amended to read: Your rights and duties under this policy may not be transferred without our written consent. If you die, coverage will be provided for your surviving spouse or your legal representative. This applies only with respect to their acting in the capacity as an employer and only for the workplaces listed in Items 1 and 4 on the Information Page. D. Cancellation is amended to read: f 1. You may cancel this policy. You must mail or deliver advance notice to us stating when the cancellation is to take effect. 2. We may cancel this policy. We may also decline to renew it. We must give you written notice of cancellation or nonrenewal. That notice will be sent certified mail or delivered to you in person. A copy of the written notice will be sent to the Texas Department of Insurance—Division of Workers' Compensation. 3. Notice of cancellation or nonrenewal must be sent to you not later than the 30th day before the date on which the cancellation or nonrenewal become effective, except that we may send the notice not later than the 10th day ' before the date on which the cancellation or nonrenewal becomes effective if we cancel or do not renew because of: a. Fraud in obtaining coverage; b. Misrepresentation of the amount of payroll for purposes of premium calculation; c. Failure to pay a premium when payment was due; WC420301 G (6-01-2014) Page 2 of 3 d. An increase in the hazard for which you seek coverage that results from an action or omission and that would produce an increase in the rate, including an increase because of failure to comply with reasonable recommendations for loss control or to comply within a reasonable period with recommendations designed to reduce a hazard that is under your control; e. A determination by the Commissioner of Insurance that the continuation of the policy would place us in violation of the law, or would be hazardous to the interests of subscribers, creditors, or the general public. 4. If another insurance company notifies the Texas Department of Insurance-Division of Workers' Compensation that it is insuring you as an employer, such notice shall be a cancellation of this policy effective when the other policy starts. Part Seven has been added as follows: PART SEVEN -OUR DUTY TO YOU FOR CLAIM NOTIFICATION A. Claims Notification We are required to notify you of any claim that is filed against your policy. Thereafter we shall notify you of any proposal to settle a claim or, on receipt of a written request from you, of an administrative or judicial proceeding relating to the resolution of a claim, including a benefit review conference conducted by the Texas Department of Insurance-Division of Workers'Compensation.You may, in writing, elect to waive this notification requirement. We shall, on the written request from you, provide you with a list of claims charged against your policy, payments made and reserves established on each claim, and a statement explaining the effect of claims on your premium rates. We must furnish the requested information to you in writing no later than the 30th day after the date we receive your request. The information is considered to be provided on the date the information is received by the United States Postal Service or is personally delivered. COMPLAINT NOTICE: SHOULD ANY DISPUTE ARISE ABOUT YOUR PREMIUM OR ABOUT A CLAIM THAT YOU HAVE FILED, CONTACT THE AGENT OR WRITE TO THE COMPANY THAT ISSUED THE POLICY. IF THE PROBLEM IS NOT RESOLVED, YOU MAY ALSO WRITE THE TEXAS DEPARTMENT OF INSURANCE, CONSUMER PROTECTION (111-1A), P.O. BOX 149091, AUSTIN, TEXAS 78714-9091, FAX # (512) 475-1771. THIS NOTICE OF COMPLAINT PROCEDURE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR CONDITION OF THIS POLICY. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on at 12:01 A.M.standard time,forms a part of Policy No. TSF-0001285499 20150406 of the Texas Mutual Insurance Company Issued to L NV INC Endorsement No. Premium$ '&Z5gA°--- NCCI Carrier Code 29939 Authorized Representative wc420301c(6-o1-2014) Page 3 of 3 INSURED'S COPY QUSER 4-02-2015