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HomeMy WebLinkAboutC2009-528 - 12/8/2009 - NA :~ F O R M S O F i RCM Constructors 2009-528 12/08/09 CONTRACTS & B O N D S ~~~ ~ - ~ "~" F O R DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI,. TEXAS Phone: ..361/880-3500 Fax: 361/880-3501 12/8/2009 PROJECT NO: E09012 A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 8TH day of DECEMBER, 2009, by and between the CITY OF CORPUS CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and RCM Constructors, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $219,996.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: WASTEWATER CLEAN-OUT INSTALLATION PROGRAM FY 2010 PROJECT NO. E09012 (1ST RENEWAL PROJECT NO. 7434) (TOTAL BASE BID: $219,996.00) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Agreement Page 1 of 2 The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within a period NOT TO EXCEED ONE YEAR after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. AT ST: City Secretary CITY OF ORPUS C ISTI By : C~~~, ~~ .~ Juan Perale , Jr., P.E. Assistant C, ty Manager Engineering/Development Services APPROVED AS TO LEGAL/FARM: By : (~~ / Asst. City Attorney f.+~ ~ .1 ..r.. ~:~_~. ,.i~'/_" By: Pete Anaya, P.E. Director of Engineering Services CONTRACTOR RCM Co pstructors Inc. By: P.O. Box 9338 (Address) Corpus Christi, TX 78469 (City) (State)(ZIP) 361/299-1191 * 361/299-1201 (Phone) (Fax) Agreement Page 2 of 2 P E R F O R M A N C E B O N D BOND NO. 58650277 STATE OF TEXAS § COUNTY OF NUECES § I~iOW ALL BY THESE PRESENTS: THAT RCM Constructors, Inc. of NUECES County, Texas, hereinafter called "Principal", and WESTERN SURETY COMPANY a corporation organized under the laws of the State of souTx DAKOTA , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", in the penal sum of TWO HUNDRED NINETEEN THOUSAND, NINE HUNDRED NINETY-SIX AND NO/100 ($219,996.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 8TH of DECEMBER 20 09 a copy of which is hereto attached and made a part hereof, for the construction of: WASTEWATER CLEAN-OUT INSTALLATION PROGRAM FY 2010 PROJECT NO. E09012 (1sT RENEWAL PROJECT NO. 7434) (TOTAL BASE BID: $219,996.00) NOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and/or replace all defects due to faulty materials and/or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Pagel of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WITNESS WSEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 31sT day Of DECEMBER 2O 09 . PRINCIPAL RCM CONSTRUCTORS, INC. By : .~. ~ ~ :~2~ ROLANDO MENDOZA, PRESIDENT (Print Name & Title) ATTEST ~~ CHARLES WEBB SECRETARY (Print Name & Title) SURETY WESTERN SURETY COMPANY By: Attorne r~" n-fact MARY ELLEN MOORE '~ ( Print Name ) ` '"~ w ~. ° ~~, _. S~ ex~ ,~' Pr ., Agency: SWANTNER & GORDON INSURANCE AGENCY Contact Person : MARY ELLEN MOORE Address: P.o, sox 870 CORPUS CHRISTI, TEXAS Phone Number: 361-883-1711 (NOTE: Date of Performance Bond must not be prior to date of contract)(Revised 3/OS) Performance Bond Page 2 of 2 P A Y M E N T B O N D BOND N0. 58650277 STATE OF TEXAS ~ COUNTY OF NUECES ~ IaiOW ALL BY THESE PRESENTS: THAT RCM Constructors, Inc. of NUECES County, Texas, hereinafter called "Principal", and WESTERN SURETY COMPANY , a corporation organized under the laws of the State of souTx DAKOTA , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of TWO HUNDRED NINETEEN THOUSAND, NINE HUNDRED NINETY-SIX AND NO/100($219,996.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and .successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 8TH day DECEMBER 20 09 a copy of which is hereto attached and made a part hereof, for the construction of: WASTEWATER CLEAN-OUT INSTALLATION PROGRAM FY 2010 PROJECT NO. E09012 (1ST RENEWAL PROJECT N0.7434) (TOTAL BASE BID: $219,996.00) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be .void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant", "Labor" and "Material", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas. Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 31sT day Of DECEMBER r 20 09 - PRINCIPAL RCM By: ROLANDO MENDOZA, PRESIDENT (Print Name & Title) CHARLES WEBB „ SECRETARY (Print Name & Title) SURETY WESTERN SURETY COMPANY r AgeIIC~7: SWANTNER & GORDON INSURANCE AGENCY Contact Person: MARY ELLEN MOORE AC1~L'es3: P O BOX 870 CORPUS CHRISTI TEXAS 78403 Phone Number: 361-883-1711 (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond Page 2 of 2 ~R~ CERTIFICATE OF LIABILITY INSURANCE OP ID MYD71 oATE(MMIDD/TYYY) RCJbCOCl 01 / 0 6 / 10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE $vraataer & Gordon Ins Agcy-CC HOLDER. THIS CERTIFlCATE DOES NOT AAAEND, EXTEND OR PO Box 870 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Corpus Christi TX 78403-0890 Phona:S61-883-1711 Fax:361-844-0101 INSURERS AFFORDING COVERAGE NAIL s INSURED INSURER 0.• Mid Cantiaeat Casualty Co 23418 INSURER B: $OUthera Insurance CO 19216A ARt~tnC~Rol~an~rsMen~~za INSURER C: RSUZ Znda®nit ~' 22314 P.O. Sox 9 38 INSURER D: Texas Mutual ins Co x2945 Corpus Chr sti TX 78469 INSURER E: COVERAGES 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 W ITH RESPECT TO W HICH THIS CERTIFICATE MAY ~ ISSUED OR MAV PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSKNdB AND CONDITK)NS OF SUCH POLICIES. AGGREGATE LIMITS SHOW N MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSU E POLICY NUMBER DA E DATE LIMITS GENERAL LU191LTTY EACH OCCURRENCE $ 1, OOO ~ OOO A X COMMERCIAIGENERALLIABILITY 04GL000763181 07/18/09 07/18/10 PREMISES Eeacwrence S 100,000 CLAIMS MADE a OCCUR MED EXP (Any ane Person) E 8xcluded ~ PERSONAL 6 ADV INJURY 1 ~ OOO ~ OOO GENERAL AGGREGATE S 2 ~ OOO ~ OOO GEN1 AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2 ~ OOO ~ OOO POLICY X JECT LOC AUT OMOBN.E UABILfTY COMBINED SINGLE LIMIT 000 ai 000 S X ANYAUro SAP5503638 07/18/09 07/18/10 ~~01~) , , ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS ~ (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS. (Per aaideM) PROPERTY DAMAGE $ (Per ecddeM) GARAGE LIABILrTY AUTO ONLY - EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG s EXCESS /UMBRELLA LUUIILTrY EACH OCCURRENCE S 1 ~ OOO ~ OOO C X OCCUR ~ CLAIMSMADE ETA8f049696 07/18/09 07/18/10 AGGREGATE a 1,000, 000 a DEDUCTIBLE $ X RETENTION S 1O , O O S K S COMPE N ' X TORY LIMITS ER D LIABILITY AND EMPLOYERS XECUTIVE~j ~ ~ ~ TSF0001119432 07/19/09 10 07/19/ E.LEACHACCIDENT S 500000 EX CI UDEDT OFFICER/MEMBER (~ ~ ~) LJ / ,/ E.l DISEASE - EA EMPLOYEE S 5OO ~ OOO n descnbeunder SPECIAL PROVISIONS below // E.LDISEASE-POLICY LIMIT a 500,000 OTHER DESCRIPTKIN OF OPERATKINS f LOCATIONS / VEHK:LEB / EXCLUSKINS ADDED BY ENDORSEMENT / 8PECUIL PROVLRWMS RE: ~E09012 Wastewater Clean-Out installation Propra~m FY 2010 Additional Insured as required by written insured contract applicable to General Liability A Auto Liability. Waiver of S~broQatioa as required by written insured contract applicable to General Liability, Auto Liability & Workers Caalpeasatioa. See Attached aadorsasteats. ecorclre're NAI nca CANCELLATION ------- --- SHOULDANY OF THE ABOVE DESCRIBED POUCNe3 BE CANCELLED BEF HE EXPIRATION CICC-CO DATE THEREOF, THE I~IXWG INSURER WILL ENDEAVOR TO MAIL 3O DAY8 WRITTEN NOTK:E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SMALL City Of COrplis Christi IMPOSE NO OBLIGATION OR uABILiTY OF ANY KIND UPON THE INSURER, RS AGENTS OR Dept. of BaQiaesrinQ Services REPRESENTATIVES. Attn: Contract Adtaiaistrator A~ ESENTATrYE P.O. Sox 9277 o s Christi TX 78469-9277 ACORD 25 (2009101) ®7 SHfIf~ZW9 Acvnu ~:emrunn nvn. wn ngms reservev. The ACORD name and logo are registered marks of ACORO IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). !f 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). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurers}, authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 25 l/ PO!_ICY NUMBER: la4-aL-l)007t)3151 V THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION • ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL. GENERA! UABiUTY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF CORPUS CHRISM, TEXAS (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respell to liability caused, in whole or in part, by your performsnce of ongoing operations for that insui+ed. This amendment applies only when you have agreed by written "insured contract" to designate the person or organization listed above as an additional insured subject to all provisions and limitations of this policy. c~~.~-~ ML 1214 (od 08} Pags 1 of 1 POLICY NUMBER: 04-GL-000783181 ~ COMMERCIAL GENERAL LIABILITY CG 24 0410 83 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ (T CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CRY OF CORPUS CHRISTI, TEXAS (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.} The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section N - COMMER- CIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out. of your ongoing operations or "your work" done under a contrail wfth that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 0410 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 ~ %~ POLICY NUMBER: BAP 5503638 00 THIS ENDORSEM//ENT CHANGES THE POLICY. ~T'EXAS ADDITIONAL This endorsement modifies insurance provided under the following: JBUSiNESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM COMMERCIAL AUTO CA 04 03 06 04 PLEASE READ IT CAREFULLY. INSURED With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated belmv. Endorsement Effective: Countersigned By: ~"'°" 07/18/2009 , r `rte,.. Named Insured: ~/ (Authorized Representative) RCM CONSTRUCTORS, INC SCHEDULE Name and Address of Additional insured: .CITY OF CORPUS CHRISTI PO BOX 9277 Corpus Christi, TX 78469 (If no entry appears above, information required to complete this endonsement will be shown in the Declarations as applicable to this endorsement.) A. Who Is An Insured (Section II) is amended to include as an "insured" the person(s) or organize- . tion(s) shown in the Schedule, but only with re- spect to their legal liability for ads or omissions of a person for whom Liability Coverage is afforded under this policy. B. The additional insured named in the Schedule or Declarations is not required to pay for any premi- ums stated in the policy or eamed from the policy. Any return premium and any dividend, if applica- ble, declared by us shall be paid to you. C. You are authorized to act for the additional insured named in the Schedule or Declarations in all mat- ters pertaining to this insurance. D. We will mail the additional insured named in the Schedule or Declarations notice of any cancella- tion of ibis policy. If we cancel, we will give 10 days notice to the additional insured. E. The additional insured named in the Schedule or Declarations will retain any right of recovery as a claimant under this policy. CA 04 03 06 04 ©ISO Properties, Inc., 2003 Page 1 of 1 D POLICY NUMBER: BAP 5503638 00 ~ COMMERCIAL AUTO CA ZO 89 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES IN TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modfies insurance provided under the following: BUSINESS AUTO COVERAGE FORM j BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM V GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. .Endorsement Effective: Countersigned By: o~/la/2oo9 `„~ .~ Named Insured: (Authorized Representative) RCM CONSTRUCTORS, INC SCHEDULE Name Of Person(s) Or Organization(s): CITY OF CORPUS CHRISTI Additional Premium Included (If no entry appears above, information required to complete this endonsement will be shown in the Dedarations as applicable to this endorsement.) Ths Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or organiza- tion(s) shown in the Schedule. We will retain the additional premium shown above, regardless of any early termi- nation of this endorsement or the policy. CA 20 89 06 04 ®ISO Properties, Inc., 2003 Pags 1 of 1 D POLICY NUMBER: 04-GL-000763181 AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: City of Corpus Christi Z. Address: P.O. Bolt 9277, Corpus ChHstl, TX 78469 3. Number of days advance notice: 30 ~,,,~ J M190 06 (10 97) POLICY NUMBER: BAP 5503638 0o COMMERCIAL AUTO CA 02 440604 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ~ TEXAS CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the following: / BUSINESS AUTO COVERAGE FORM ef/ GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With n~.spect to coverage provided by this endorsement, the provisions of the Coverage Forth apply unless modi- fied by the endorsement. This endorsement changes the policy affective on the inception date of the poNcy unless another date is indicated below. Endorsement Effective: Countersigned By: ' , 07/18/2009 ~ ~ Named Insured: RCM CONSTRUCTORS, 2NC Authorized Re reSentatlve SCHEDULE Number of Days' Notice 30 Name Of Person Or Organization CITY OF CORPUS CHRISTI ~Addrass PO HOX 9277 Corpus Christi, TX 78469 EXCEPT 10 DAYS IN THE EVENT OF NON-PAYMENT OF PREMIUM If this policy is canceled or materially changed to reduce or restrict coverage, we wm man Hoots or cancenauvn yr change to the person or organization named in the Schedule. We will give the number of day's notice indicated in the Schedule. ' CA 02 44 06 04 ©ISO Properties, inc., 2003 Pags 1 of 1 ^ ` ® WORKERS' COMPENSATION AND EMPLOYERS :~~~~~~SM LIABILITY INSURANCE POLICY ` rc~- we a2 os o~ TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will. mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: CITY OF CORPUS CHRISTI DEPT. OF ENGINEERING SERVICES P.O. 80X.9277 CONTRACT ADMINISTRATOR CORPUS CHRISTI, TX 78469 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on January 5 , 2010 at 12:01 A.M. standard time, forms a part of Policy No. TSF-00011 19432 20090719 o he Texas Mutual Insurance Company Issued to RCM CONSTRUCTORS INC Premium $ 0.0.0 ~~ ~~ WC420601 (ED.1 ~4) Endornemeirt No. Endorsetr~rrt No. 1 Authorized Representative WASENDRS 1-05-2010 WORKERS' COMPENSATION AND EMPLOYERS LIABfLIIY INSURANCE POLICY we 42 03 04 a TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item. 3.A. of the Information Page. We have the right fo recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contrast to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. $Ct1P.(1111P 1. ( ) Specific Waiver Name of person or organization ( X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to famish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium INCLUDED , SEE I NFORMAT 1 ON PAGE , This ertdorsemerN changes the pdicy to which it is atlached etteciive on the Inception date of the policy unless a difrerent date is indicated below. (The following "attaching clause" need be completed oMy when this endan3emeM is issued subsequent to preparation of the policy.) This endorsement, effective on ~ at 12:01 A.M. standard time, forms a paR of Policy No. TSF-0001119432 20090719 of the Texas Mutual insurance Company issued to RCM CONSTRUCTORS 1 NC Premium $ Endorsement No. ~ ~ ~ Q~ Authorised Representative WC420304A (ED.1-01.2000) INSURED'S COPY LXNAMILT 7-21-2009