Loading...
HomeMy WebLinkAboutC2011-046 - 2/11/2011 - NAA G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 11TH day of FEBRUARY, 2011, 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 2011 PROJECT NO.E10181 (e" 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, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. 2011 -046 02/11/11 RCM Constructors Page 1 of 3 Rev. Jun -2010 INDEXED RCM Constructors, Inc. P.O. Box 9338 Corpus Christi, Texas 78469 Phone 361 -299 -1191 Fax: 361- 299 -1201 September 30, 2010 Pete Anaya, P.E. City of Corpus Christi Director of Engineering Service Attention: Jerry Shoemaker RE: Wastewater Service Line Repair and Clean -Out Installation Program FY 2008 -2009 Project *09012 With the above referenced contract with the city of Corpus Christi up for renewal, RCM Constructors Inc. is again proposing to save the city of Corpus Christi a substantial amount of money, The original contract for Project #7434 Wastewater Service Line Repair and Clean -Out Installation Program FY 2008 -2009 was for a total amount of $244,440.00. RCM Constructors deducted 10% of the original contract to $219,996.00 to renew the contract for the first renewal project #09012 FY2010. RCM Constructors Inc. is proposing to the city of Corpus Christi not to increase the amount for the 2"d renewal of the Wastewater Service Line Repair and Clean -Out Installation Program in spite of the slight increase of the economy. The total amount for the 2"d renewal will be $219,996.00. If you have any questions or require additional information, please call me on 361- 815 -5858. Offered by RCM CONSTRUCTORS, INC. Rolando Mendoza Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B -6 -II and Special Provision A -26 of the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 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. Page 2 of 3 Rev. Jun -2010 City Secretary APPROVED AS TO - GAL F•RM: By: Asst. City Attorney ATTEST. If orporation) (Seal Below) (Note: If Person signing for corporation is not President, attach copy of authorization to sign) CITY OF CORPUS C r ISTI By: Juan Perales Jr.,P.E. Assistant Cty Manager Engineering /Development Services By: Pete Anaya, P.E. Director of Engineering Services CONTRACTOR RCM Con.- ructors, Inc. By: Title: ,Ores 1 P.O. BOX 9338 (Address) CORPUS CHRISTI, TX 78469 (City) (State)(ZIP) 361/299 -1191 * 361/299 -1201 (Phone) (Fax) Page 3 of 3 Rev. Jun -2010 P E R F O R M A N C E B O N D STATE OF TEXAS § COUNTY OF NUECES § BOND NO. 58671115 KNOW 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 SOUTH 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 11TH of FEBRUARY , 20 11 , a copy of which is hereto attached and made a part hereof, for the construction of: WASTEWATER CLEAN -OUT INSTALLATION PROGRAM FY 2011 PROJECT NO.E11424 574A01( (2'w RENEWAL - PROJECT NO.7 4 3 4 ) (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 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 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 16TH day of FEBRUARY , 20 11 . PRINCIPAL RCM CONSTR TORS, INC. By: G '"{^^dru. 430 eN,L. /414 AIL Za (Print Name & Title) ATTEST &Zy-Lt .7//‘/- Sec ,e-e7 (Print Name & Title) SURETY WESTERN SURETY COMPANY By: Attorney . fact MARY ELL 1 MOORE (Print Name) The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: Agency: Contact Person: Address: SWANTNER & GORDON INSURANCE AGENCY MARY ELLEN MOORE P.O. BOX 870 CORPUS CHRISTI, TEXAS 78403 Phone Number: 361- 883 -1711 (NOTE: Date of Performance Bond must not be prior to date of contract) (Revised 3/08) Performance Bond Page 2 of 2 P A Y M E N T B O N D BOND NO. 58671115 STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § 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 SOUTH 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 11TH day FEBRUARY , 20 11 , a copy of which is hereto attached and made a part hereof, for the construction of WASTEWATER CLEAN -OUT INSTALLATION PROGRAM FY 2011 PROJECT NO.44.1,49ee E /Olf/ (21°° RENEWAL - PROJECT NO.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 16TH day of FEBRUARY , 20 11 • PRINCIPAL RCM CONSTRUCTORS, INC. By: eu-e„.../ i<0a0.1.4E fl7 N (Print Name & Title) tas r PYPSr.4.+ C.4 e5 (,c)e 1 b (Print Name & Title) SURETY WESTERN SURETY COMPANY By: Attorney -'act MARY ELLEN .MORE (Print Name) The Resident Agent of the Surety in Nueces County, Texas, for delivery of novice:: and service of process is: Agency: SwAN'PNFP A (InPT))N TNRTTRAwry Ac2FN(`V Contact Person: Address: Phone Number: MARY ELLEN MOORE P C) RC1% R7n . CORPUS CHRISTI, TEXAS 78403 -1 - RR1-1 71 1 )NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond Page 2 of 2 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL, ATTORNEY -IN -FACT Know A11 Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota; and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint R M Lee, Mary Ellen Moore, Steve Addkison, Tami J Duncan, Cathleen Hayles, Individually of Corpus Christi, TX, its true and lawful Attorney(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 24th day of January, 2011. State of South Dakota County of Minnehaha } SS °"suRIT sip' P9Okq`' 3. 'w`VO T�tz AVr•Y Pa k9pµ Paul 7771/4, at Senior Vice President WESTERN SURETY COMPANY On this 24th day of January, 2011, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires November 30, 2012 +44.440VILA.v.A0,Rovvso.c,40,%4440. 4. 8 D. KRELL s a NOTARY PUBLIC ^L3Al s S SOUTH DAKOTA s +r.,44.a44444444h444a444m,444 + CERTIFICATE D. Krell, No ry Public 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 16TH day of Fp J7�R V , 2 fl ] 1 . Form F4280 -09 -06 WESTERN SURETY COMPANY 657 2"...11.4 L. Nelson , Assistant Secretary OD% Western Surety Company Figure: 28 TAC §1.601(a)(3) 1 IMPORTANT NOTICE To obtain information or make a complaint: 2 You may contact Western Surety Company at 605 -336 -0850. 3 You may call Western Surety Company's toll -free telephone number for information or to make a complaint at: 1 -800- 331 -6053 4 You may also write to Western Surety Company at: P.O. Box 5077 Sioux Falls, SD 57117 -5077 5 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1 -800- 252 -3439 6 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714 -9104 Fax: (512) 475 -1771 Web: http: / /www.tdi.state.tx.us E -Mail: ConsumerProtection @tdi.state.tx.us 7 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact Western Surety Company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 8 ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Form /929 -4 -2008 AVISO IMPORTANTE Para obtener informacion o pars someter una queja: Puede comunicarse con Western Surety Company al 605- 336 -0850. Usted puede Ilamar al numero de telefono gratis de Western Surety Company's para informacion o pars someter una queja al: 1- 800 -331 -6053 Usted tambien puede escribir a Western Surety Company: P.O. Box 5077 Sioux Falls, SD 57117 -5077 Puede comunicarse con el Departamento de Seguros de Texas pars obtener informacion acerca de companies, coberturas, derechos o quejas al: 1 -800- 252 -3439 Puede escribir at Departamento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714 -9104 Fax: (512) 475 -1771 Web: http: / /www.tdistate.tx.us E -Mail: ConsumerProtection @tdi.state,tx.us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el Western Surety Company primero. Si no se resuetve la disputa, puede entonces comunicarse con el departamento (TM). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION �... CITY OF CORPUS CHRISTI Corpus Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: RCM CONSTRUCTORS, INC P. O. BOX: P.O. BOX 9338 CORPUS STREET ADDRESS: 7243 UP RIVER RD. CITY: CHRISTI TEXAS ZIP: 78469 FIRM IS: 1. Corporation XX 4, Association 2. Partnership 5. Other 3. Sole Owner ❑ 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 a ownership in the above named "firm." Name Job Title and City Department (if known) 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 "film." Name Title �t 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the Ci f Corpus Christi, Texas as changes occur. Certifying Person: Kp /4 Aijv 4 jci Title: At- v `,,r (Type or Print) Signature of Certifying Person: DEFINITIONS Date: ; a/, .// 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, OP ID: MYDA A� °- CERTIFICATE OF LIABILITY INSURANCE Dar0(MMIDnIYYYY) 02/16/11 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) roust 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 Swantner & Gordon Ins Agcy -CC 361 -883 -1711 A Higginbotham Company 361- 844 -0101 PO Box 870 Corpus Christi, TX 78403 -0870 Mike Garza CONTACT NAME: PHONE FAl( 1;361 -883 -1711 , No): 361- 844 -0101 INC , Nc. E jac E-MAIL PRO UCER CUSTOMER ID #: RCMCOCI INSURERS) AFFORDING COVERAGE NAIL # INSURED RCM Constructors, Inc. 1 Attn: Rolando Mendoza P.O. Box 9338 Corpus Christi, TX 78469 INSURER A: First Mercury Ins. Co. 10657 INSURER E :Southern Insurance Co 19216A INSURER C : Texas Mutual Ins Co 22945 INSURER 0 EACH OCCURRENCE INSURER E : 1,000,000I INSURER F : PREMISES (Ea o anal COVERAGES CERTIFICATE 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 INS NCE ADDL INSR SUER WVEL - POLICY NUMBER POLICY EFF {imirmi ril POUCY E CP IMMIDDIYYYYI LIMITS A ' GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY OCCUR FMTXOO77O4 07/18/10 07/18111 O EACH OCCURRENCE $ 1,000,000I X PREMISES (Ea o anal $ 50,000 CLAIMS -MADE X MED EXP (Any one person) $ 5,000 X Contractual Liab PERSONAL & ADV INJURY $ 1,000,000 X Broad Form PD GENERAL AGGREGATE $ 2,000,000 N 'LAGGREGATELIMITAPPLIESPER: POLICY f PE PRODUCTS - COMPIOPAGG $ 2,000,000 Ti. 7 LOC $ B AUTOMOBILE LIABILITY ANY AUTO V ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BAP550363801 07118/10 07118111 COMBINED D SINGLE LIMIT $ 1,000,0001 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X PROPERTY OHMAGE (Per accident) X X $ $ A X UMBRELLA LAB EXCESS LIAB X OCCUR / CLAIMS -MADE CETX001152 07/18/10 07/18/11 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ / 1,000,000 DEDUCTIBLE RETENTION $ Nil/ .. $ X $ C WORKERS ANDMPLOYER$' UABIUTY ANY ICERIMOPRIETORPARTNE / XECUTIVE (Mandatary In NH) • If yea, describe under DESCRIPTION OF OPERATIONS 1 Y N/A TSF0001119432 07119/10 07119111 . X TOY IS R E.L. EACH ACCIDENT $ 1,000,000 Y E.L. DISEASE- EA EMPLOYEE $ ,1 1,000,000 below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 161, Addldonat Remarks Schedule If Ore apace la required) RE: Project #E11020 - Wastewater Service Line Repair & Clean -Out Installation Projgram FY 2011 See attached Notepad for additional coverages and provisions. CERTIFICATE HOLDER CANCELLATION CICC -CO City of Corpus Christi Engineering Services Contract Administrator P.O. Box 9277 Corpus Christi, TX 78469-9277 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2009109) CI 1988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NOTEPAD: HOLDER CODE CICC•CO INSURED'S NAME RCM Constructors, Inc. RCMCOCI OP ID: MYDA PAGE 2 DATE 02116/11 CERTIFICATE HOLDER: CITY OF CORPUS CHRISTI RE: Protect #E11020 Wastewater Service Line Repair and Clean -Out Installation Program FY 2011 Additional Insured in favor of the City of Corpus, Christi as required by written insured contract applicable to General & Auto Liability. Llabrlit`y Waiver of Subrogation in favor of the City of Corpus Christi as required by written insured contract applicable to General Liability, Auto Liability & Workers Compensation. Umbrella follows form. All policies exce t Umbrella provide 30 -Days Notice of Cancellation, except 10 -Days for Non - Payment of Premium. (The Attaching pause need be completed only when this endorsement is issued subsequent to prepereticn of the policy.) This endorsement, effective on Policy No. FMTX007704 Issued to RCM Constructors Inc By CoverX Corporation ENDORSEMENT #1 07/18/2010 (DATE) of the at 12:01 A M. standard time, forms a part of FIRST MERCURY INSURANCE COMPANY (NAME OF INSURANCE COMPANY) Authorized Representative AMENDMENT OF ADDITIONAL INSURED - OWNERS, LESSORS OR CONTRACTORS It is understood and agreed the following paragraph is added to the endorsement CG 2010 07 04, CG 20 33 07 04, CG 20 3310 01, or CG 20 37 07 04 where applicable: The insurance provided to the person or organization shown in the schedule of the endorsement is primary insurance and we will not seek contribution from any other insurance or self- insurance maintained by the additional insured (s), but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole-or in part, by your acts or omissions or the acts or omissions of those acting on your behalf. GU 207 (Ed. 8-78) Page 1 of 1 Processed Date: 0712711012:29 :15 PM Print Date: 07/27/10 03 :03:51 PM POLICY NUMBER:FMTX007704 CON ERCIAL GENERAL. LIABILITY CO 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT 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: Any person or organization, trustee, estate or government entity to whom or to which the Named Insured is obligated, by virtue of written contract to provide Insurance, Such As Is Afforded By This Policy. (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 IV — COMMER- CIAL GENERAL UABIUTY 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 contract with 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. CO 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Pane 1 of 1 POLICY NUMBER: HAP 5503638 01 / COMMERCIAL AUTO CA 04030604 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. /TEXAS ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions fled by the endorsement. This endorsement changes the policy effective on the inception date of below. of the Coverage the policy unless Form apply unless modi- another date is indicated Endorsement Effective: _ 07/1_8/ 2 02 0 Named Insured: RCM CONSTRUCTORS, INC Countersigned By: (Authorized Representative) 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 endorsement will be shown in the Declarations as applicable to this endorsement.) A. Who Is An Insured (Section 11) is amended to include as an "insured" the person(s) or organiza- tion(s) shown in the Schedule, but only with re- spect to their legal liability for acts 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 earned 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 this 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 0 POLICY NUMBER: BAP 5503638 01 V COMMERCIAL AUTO CA 20 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 modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM 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: 0 Countersigned By: �� p (Authorized Representative) Named insured: CM CONSTRUCTORS, RCM CONSTRUCTORS, INC SCHEDULE Name Of Person(s) Or Organization(s): CITY OF CORPUS CHRISTI Additional Premium j Included (I1 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 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 0604 ® ISO Properties, Inc., 2003 Page 1 of 1 ❑ COMMERCIAL GENERAL LIABILITY CG 02 05 01 96 THIS ENDORSEMENT CHANGES THE POLICY - PLEASE READ IT CAREFULLY TEXAS CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS / COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART 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 City of Corpus Christi Dept. Of Engineering Services Attn: Contract Administrator P. O. Box 9277 Corpus Christi, TX 78469 -9277 Number of days advance notice: THIRTY (30) Named Insured: RCM Constructors, Inc. Policy Number: FMTX007704 Effective Date of This Endorsement: 07/18/10 Auth d Represe f ; ative: Name (Printed): R. M. Lee Title (Printed): Managing Partner CG0205 (01/96) POLICY NUMBER: BAP 5503638 01 COMMERCIAL. AUTO CA 02440604 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 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. Endorserriait Effective: 07/18/2010 Countersigned: ' (Authorized Representative) Named Insured: RCM CONSTRUCTORS, INC Y SCHEDULE Number of Days' Notice 30 Name Of Person Or Organization CITY OF CORPUS CHRISTI Address PO BOX 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 will mail notice of cancellation or 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 Page of ❑ WORKERSLIABI' COMPENSATION LITY INSURANCE AND PO EMPLOYERS LICY T � Insuramexcamy WC420601 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 PO BOX 9277 CORPUS CHRISTI, TX 78469 -9277 This endorsement changes the policy to which it is attached effective ort the inception date or 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 July 19, 2010 at 12:Ot A.M. standard lime, forms a part of Policy No. TSF -00011 19432 20100719 of the Texas Mutual Insurance Company Issued to RCM CONSTRUCTORS I NC V Premium $ 0.00 WC420601(ED.1-94) Endorsement No. ArS1-- 1 AGENT `S COPY Authorized Representative MXSALAZA 12 -14 -2010 TeXaSMUtUar 10SUranCe Company WC 42 03 04 A WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our fight against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work perforated for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium INCLUDED , SEE INFORMATION PAGE . This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on at 12:01 A.M. standard time, forms a part of Policy No, TSF- 0001119432 20100719 of the Texas Mutual Insurance Company Issued to RCM CONSTRUCTORS I NC Premium $ WC420204A (ED. 1-01 -2000) INSURED'S COPY Endorsement No. � dh� r � Authorized Representative AAPAVIA 7-20 -2010