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R-11-06-23-10C1 - 6/23/2011RESOLUTION NO. R -11-06-23-10C1 WHEREAS, the City of Round Rock has duly sought proposals for the City Hall Remodel Project, and WHEREAS, Stewart Builders Inc. has submitted the proposal determined to be the most advantageous to the City considering the price and other evaluation factors included in the request for proposals, and WHEREAS, the City Council desires to enter into an agreement with Stewart Builders Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Standard Form of Agreement Between Owner and Contractor with Stewart Builders Inc. for the City Hall Remodel Project, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of June, 2011. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Secretary O:\wdox\SCCInts\0112\ 1104\MUNICIPAL\00224913.DOC/rmc EXHIBIT Standard Form of Agreement : etween Owner and Contractor where the basis of payment is a STIPULATED SUM AIA Document Al 01 -1997 1997 Edition -Electronic Format THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. AIA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. AGREEMENT made as of the ( ) day of in the year 200 (In words, indicate day, month and year) BETWEEN the Owner: (Name, address, other information) and the Contractor (Name, address, other information) The Project is: The Architect is: (Name, address, other information) Owner and Contractor agree as follows: 00150720/jkg City of Round Rock, Texas 221 East Main Street Round Rock, Texas 78664 Stewart Builders Inc. 35 CR 150 Georgetown, Texas 78626 Remodel and fmish out of Three Story Building located at 221 E. Main Street which includes remodel and fmish out of a portion of Two Story Building located at 231 E. Main Street, Round Rock, Texas. Construction will consist of demolition, new roofmg, new electrical, new plumbing, new air conditioning and finish out as per plans by KA Hickman Architects. KA Hickman Architects 1517 East Palm Valley Blvd. Round Rock, Texas 78664 ARTICLE I THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. ARTICLE 2 THE WORK OF THIS CONTRACT Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a Notice to Proceed issued by Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a Notice to Proceed.) Date of commencement shall be fixed in a Notice to Proceed issued by Owner. If, prior to the commencement of the Work, Owner requires time to file mortgages, mechanic's liens and other security interests, Owner's time requirement shall be as follows: Unless the date of commencement is established by a Notice to Proceed issued by Owner, Contractor shall notify Owner in writing not less than five (5) days before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. In no event shall Work be commenced if Owner does not issue written approval. 3.2 The Contract Time shall be measured from the date of commencement fixed by the Notice to Proceed. 3.3 Contractor shall achieve Substantial Completion of the entire Work no later than Three Hundred Fifteen (315) calendar days from issuance by Owner of Notice to Proceed. (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work) subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work) 3.4 If Contractor fails to achieve Substantial Completion of the Work (or any portion thereof) on or before the date(s) specified for Substantial Completion in the Agreement, Contractor shall pay to Owner, as liquidated damages, the Sum of Seven Hundred Fifty Dollars ($750.00) for each calendar day that Substantial Completion is delayed after the date(s) specified for Substantial Completion. It is hereby agreed that the liquidated damages to which Owner is entitled hereunder are a reasonable forecast of just compensation for the harm that would be caused by Contractor's failure to achieve Substantial Completion of the Work (or any portion thereof) on or before the date(s) specified for Substantial Completion in the Agreement. It is agreed that the harm that would be caused by such failure, which includes loss of expected use of the Project areas, provision of alternative storage facilities and rescheduling of moving and occupancy dates, is one that is incapable or very difficult of accurate estimation. It is hereby agreed that if Substantial Completion of the Work (or any portion thereof) is not achieved on or before thirty (30) days after the date(s) specified for Substantial Completion in the Agreement, the harm that would be caused to Owner cannot be reasonably forecast because it would include business disruption to Owner in addition to loss of expected use of the Project areas, provision of alternative storage facilities and rescheduling of moving and occupancy dates. Thus, the liquidated damages set forth herein and above will cease to be assessed under the Contract Documents after thirty (30) days after the date(s) specified for Substantial Completion in the Agreement, and Owner shall thereafter rely on its remedies under the Contract Documents and at law and in equity, including without limitation, the recovery of actual damages. The date(s) specified for Substantial Completion of the Work (or any portion thereof) in the Agreement shall be subject to adjustment as provided in the Contract Documents. ARTICLE 4 CONTRACT SUM 4.1 Owner shall pay Contractor the Contract Sum in current funds for Contractor's performance of the Contract. The Contract Sum shall be TWO MILLION FIVE HUNDRED FIFTY SIX DOLLARS ($2,556,000.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates which are described in the Contract Documents and are hereby accepted by Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) Not Applicable 4.3 Unit prices, if any, are as follows: Not applicable. ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to Architect and Owner by Contractor, and Certificates for Payment issued by Architect and not disputed by Owner and/or Owner's lender, Owner shall make progress payments on account of the Contract Sum to Contractor as provided below and elsewhere in the Contract Documents. 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: 5.1.3 Provided that an Application for Payment is received by Architect and Owner, and Architect issues a Certificate of Payment not later than the tenth (10th) day of a month, Owner shall make payment to Contractor not later than the tenth (10th) day of the next month. If an Application for Payment is received by Architect and Owner after the application date fixed above, payment shall be made by Owner not later than one month days after the Architect issues a Certificate for Payment. 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as Architect and Owner may require. This schedule, unless objected to by Architect or Owner, shall be used as a basis for reviewing Contractor's Applications for Payment. 5.1.5 Applications for Payment shall indicate warrant the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of five percent (5%). Pending final determination of cost to Owner of changes in the Work, amounts not in dispute shall may be included as provided in Subparagraph 7.3.8 of AIA Document A201-1997 even though the contract Sum has not yet been adjusted by Change Order; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if writing), less retainage of five (5) percent. .3 Subtract the aggregate of previous payments made by Owner; and 4 Subtract amounts, if any, for which Architect or Owner has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of AIA Document A201-1997. 5.1.7 The progress payment amount determined in accordance with Subparagraph 5.1.6 shall be further modified under the following circumstances: 5.1.8 .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to aunt ninety-five percent (95%) of the Contract Sum, less such amounts as Architect shall determine for incomplete Work, retainage applicable to such Work and unsettled claims; and (Subparagraph 9.8.5 of AIA Document A201-1997 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of AIA Document A201-1997. (If it is intended, prior to Substantial Completion of the entire Work to reduce or limit the retainage resulting from the percentages inserted in Clauses 5.1.61 and 5.1.6 2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation) 5.1.9 Except with Owner's prior written approval, Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5.2 FINAL PAYMENT 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by Owner to Contractor when: .1 Contractor has fully performed the Contract except for Contractor's responsibility to correct Work as provided in Subparagraph 12.2.2 of AIA Document A201-1997, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by Architect. 5.2.2 Owner's final payment to Contractor shall be made no later than 30 days after the issuance of Architect's final Certificate for Payment, e : In no event shall final payment be required to be made prior to thirty (30) days after all Work on the Contract has been fully performed. Defects in the Work discovered prior to final payment shall be treated as non -conforming Work and shall be corrected by Contractor prior to fmal payment and not treated as warranty items. ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by Owner or Contractor as provided in Article 14 of AIA Document A201-1997. 6.2 The Work may be suspended by Owner as provided in Article 14 of AIA Document A201-1997. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of AIA Document A201-1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. located (Insert rate of interest agreed upon, if any.) Undisputed final payment due and unpaid under the Contract Documents shall bear interest from the sixty-first (61st) day after the date such undisputed fmal payment is due at the legal rate prevailing from time to time at the place where the Project is located. (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 7.3 Owner's representative is: (Name, address, other information) 7.4 Contractor's representative is: Larry Madsen Construction Manager 2008 Enterprise Round Rock, Texas 78664 John Miles, Project Manager Stewart Builders, Inc. 35 CR 150 Georgetown, Texas 78626 7.5 Neither Owner's nor Contractor's representative shall be changed without ten (10) days' written notice to the other party. ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement as set forth in Article 7 of AIA Document A201-1997 (General Conditions), are enumerated as follows: 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement between Owner and Contractor, AIA Document A 10 1-1997, as modified herein. 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AIA Document A201-1997, as modified therein. 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated April 15, 2011 Document Title Pages 8.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 8.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement) Section Title Pages 8.1.5 The Drawings are as follows, and are dated unless a different date is shown below: Drawings issued on April 15, 2011 from KA Hickman Architects. (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date 8.1.6 The Addenda, if any, are as follows: Number Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. 8.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201-1997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents) This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered to Contractor, one to Architect for use in the administration of the Contract, and the remainder to Owner. OWNER CONTRACTOR CITY OF ROUND ROCK, TEXAS STEWART BUILDERS INC. Alan McGraw, Mayor brad Stewart, Vice Preen ) Date Signed: Date Signed: e �- ATTEST: Sara White, City Secretary FOR CITY, APPROVED AS TO FORM: Stephan L. Sheets, City Attorney Key Personnel to be Assigned Total Points FINAL RANKING 15°, i N M 83% 4 I V. I 0 0 co N a oO N o C s Q a s A o i.i X eo M co ti I I Total Cost Rice 45% e e •cr I o co co � o in yr 0 46 o a N oo (Lowest Priced Proposal / Proposer's Price) X 45 = Prlce Score $ 2,556,000.00 $ 2,632,000.00 0 o o N 49 (Lowest Priced Proposal / Proposer's Price) X 45 = Prlce Score $ 2,556,000.00 $ 2,667,000.00 0 ci 0 o) N 69, (Lowest Priced Proposal / Proposer's Price) X 45 = Prlce Score $ 2,556,000.00 $ 2,980,000.00 $ 2,556,000.00 (Lowest Priced Proposal / Proposer's Price) X 45 = Prlce Score $ 2,556,000.00 $ 2,556,000.00 1 i av$ ' z 0 v Fazzone Construction Inc. San Antonio, Texas Harvey Cleary Builders Austin, Texas M.W. Morgan Construction, Inc. Austin, Texas Stewart Builders, Inc. Georgetown, Texas Kith Hickman J V 3 7 E 0 0 15 O. Larry Madsen THE STATE OF TEXAS COUNTY OF WILLIAMSON PERFORMANCE BOND gond #105563041 § KNOW ALL BY THESE PRESENTS: That Stewart Builders, Inc. of the City of Georgetown. County of Williamson , and State of Texas , as Principal, and ic.roamve le oC Amelyicand Surety authorized under the law of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS, (Owner), in the penal sum of 'TWO MILUON FIVE HUNDRED FIFTY SIX THOUSAND AND 00/100* Dollars ($ 2,556,000.00 ) for the payment whereof, well and truly to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written Agreement with the Owner dated the day of , 2011 to which the Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of Remodel and Finish Out of Three Story Building located at 221 E` Main Street which includes Remodel and Finish Out of a portion of Two Story Hulloing Iocateo at 131 t. Main Street, Kouno Kock, I exas. (Name of the Project) NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Agreement and shall, in all respects, duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Agreement, agreed and covenanted by the Principal to be observed and performed, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials furnished by or workmanship of, the Principal in performing the Work covered by said Agreement and occurring within a period of twelve (12) months from the date of Final Completion and all other covenants and conditions, according to the true intent and meaning of said Agreement and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. 00610 7-2009 00090656 Page 1 Performance Bond PERFORMANCE BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the term of the Agreement, or to the Work performed thereunder, or the Plans, Specifications, or drawings 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 additionto the terms of the Agreement, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this �`' =� day of , 20 11 Stewart Builders, Inc. in.cipal Travelers Casualty and Surety Company of America Surety Jacqueline Kirk Printed Name Printed Name By: *arg- Title: ' i - p raz ; c Tit l Attorr(ey in Fact Address: 35 CR 150 Address: 4650 Westway Park Blvd. Georgetown, Texas 78626 Resident Agent of Sure bLUI t -e_ Signa Jacqueline Kirk Printed Name 920 Memorial City Way, Suite 500 Street Address Houston, Texas 77024 City, State & Zip Code Page 2 00610 7-2009 00090636 Houston, Texas 77041 Perfonnancc Bond THE STATE OF TEXAS COUNTY OF WILLIAMSON PAYMENT BOND § Bond #105563041 KNOW ALL MEN BY THESE PRESENTS: That Stewart Builders, Inc.,of the City of Georgetown County of Williamson , and State of Texas as aTravelers cg d Surety Principal, ndy cr Casualty authorized under the laws of the State of Texas to act as Surety on Bonds for Principals, are held and firmly bound unto THE CITY OF ROUND ROCK, (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of *TWO MILLION FIVE HUNDRED FIFTY SIX THOUSAND AND 00/100* Dollars ($ 2,556,000.00 ) for the payment whereof, well and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written Agreement with the Owner, dated the day of , 20 11 , to which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: Remodel and Finish Out of Three Story Building located at221 E. Main Street which includes Remodel and Finish Out of a portion of i wo Story Boding located at t. Main alreet, Round Rock, Texas. (Name of the Project) NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of the improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. Page 2 00620 7-2009 00090636 Payment Bond PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, or to the Work performed thereunder, or the plans, specifications or drawings accompanying the same shall in anywise affect it's 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. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this (:#71-- day of 2011 Stewart Builders, Inc. _Principal 'fro` �1-e.• r4 Printed Name B_ Tile. 1t icee5:e1a...32 Address: 35 CR 150 Travelers Casualty and Surety Company of America Surety Jacqueline Kirk Printed Name By: Oa/ te Tit ' ttorney in Fact Address: 4650 Westway Park Blvd. Georgetown, Texas 78626 Houston, Texas 77041 Resident Agent of Surety: 6Le_ .natu Jacqueline Kirk Printed Name 920 Memorial City Way, Suite 500 Street Address Houston, Texas 77024 City, State & Zip Code Page 2 00620 7-2009 00090656 Payment Bond TRAVELERS. Attorney -In Fact No. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 223321 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 00 40 96605 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Larry H. Senkel, Pamela Prokop, Judy M. Dold, Mark H. Hilliard, and Jacqueline Kirk of the City of Houston , State of Texas , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. 24th IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of February 2011 State of Connecticut City of Hartford ss. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 0 SNS zit" of:t 01 -. I - >:SEAL ie ds: Ag4 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company By: Georg • W Thompson, ice President On this the 24th dayFebruary 2011 of , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. 58440-4-09 Printed in U.S.A. V\.04/11.01 C Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ersi f Wi NOTICE TO O SO -RI i1 _ L 1 L, R ` F, A CTO : a Ctsr�rlty t:amg . y =tact T iZY kT Cava Sz � y,Trave n Ca- `y Cp. Sri Colivoy of Amm ca, Trzvekr CtsuEity Compmy, St Far i for on or to na2he DorapIrcit,t t Tra-11:1 end Cis 1500 M St West Tom, Saar 2 pn-l- ' ` PA 19102 057) 675-3130 & 675-3102 Fax You rofty con_ct thr Tc s Dc�. - c of ram -A= to obt in tnz infra -man -on Qn co:- ice, a3Y gLighN or complaint s. Tom.s D pr eot of Insoa=c PD_ Box 149104 A TX 78714-9104 (g00) 2523 39 ATTACH THIS NOTICE TO YOUR BOND. gills ao#icc is for inform -Alpo only Fng do= not become a parlor a ppndition of &ached d.m:mord Efld is gi,vco. to co t ly • 3-O2I �z cnt Cod; mad man 53202: DrD Vie, -e 'L with Smog 1?� , S nbr It 2001. IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: YOU MAY CONTACT THE TEXAS D KPARTMENT OF INCE TO OBTAIN INFORMATION ON COMP S, COVERAGES, RIGRTS OR COMPLAINTS AT: 1-800-252-3439 YOU MAY WRITE 'ISE TEXAS DEPARTMENT OF INSURANCE: P. 0. BOX 149104 AUSTIN, TEXAS 787149104 FAX #(512) 475-1771 PREMIUM OR CLAIM DISPUTES: SHOULD YOU HAVE A DISPUTE CONCERNING YO UR PREMIUM OR ABOUT A CLAM, YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST. IF DIE DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE. ATTACH THIS NOTICE TO YOUR POLICY TEAS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR CONDII1ON OF THE ATTACEED DOCUMENT. ACORO® CERTIFICATE OF LIABILITY INSURANCE k........---6/6/2011 OATE(MM/DD/YYYY) 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 Brady, Chapman, Holland & Associates 10055 West Gulf Bank Houston TX 77040 CONTACT NAME: PHONE FAX (A/C,No,Ext):713-688-1500 (A/c,No):713-688-7967 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A:Amerisure Insurance Company 19488 INSURED Stewart Builders, Inc. dba Keystone Concrete Placement 35 CR 150 Georgetown TX 78626 INSURERS Amerlsure Mutual Ins Co 23396 INSURERC:Travelers Lloyds (Travelers) 41262 INsuRERD:Amerisure Partners Insurance Com an 11050 INSURERE: DAMAGE TO RENTED PREMISES (Ea occurrence) INSURER F : COVERAGES CERTIFICATE NUMBER: 13 6523520 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES INDICATED. NOTWITHSTANDING ANY REQUIREMENT, CERTIFICATE MAY BE ISSUED OR MAY EXCLUSIONS AND CONDITIONS OF SUCH OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL WA, SUBR • POLICY NUMBER POLICY EFF (MMIDDIYYYY) POUCY EXP LIMITS D GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY Y Y CPP2026809 1/31/2011 ,.(MM/DD/YYYYI 1/31/2012 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $300, 000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $10, 000 X Contractual PERSONAL & ADV INJURY $1,000,000 X *PNC GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE 7 POLICY X LIMIT APPLIES PER: 12T FlLOC PRODUCTS - COMP/OP AGG $2,000,000 $ A AUTOMOBILE X X X UABIUTY ANY AUTO AUTOS ALL OWNED HIRED AUTOS % SCHEDULED AUTOS SCHEDULED NON -OWNED AUTOS Y Y CA2026808 1/31/2011 1/31/2012 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 $ BODILY INJURY (Per person) BODILY INJURY (Per accident) $ PROPERTY DAMAGE , (Per accident) $ $ B X UMBRELLA LIAB EXCESS UAB X OCCUR CLAIMS -MADE Y Y CU2034842 1/31/2011 1/31/2012 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 DED X RETENTION $ 0 $ g WORKERS COMPENSATION AND EMPLOYERS' UABIUTY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N I A y WC2026810 1/31/2011 1/31/2012 X STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 C Equipment BuildersRisk/Installation QT6605677C893 1/31/2011 1/31/2012 Any One Item $1,500,000 Leased/Rented Equipment Any One Proj $2,556,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) *Primary and non-contributory. The Project is: Remodel and finish out of Three Story Building located at 221 E. Main Street/City Hall Remodel CERTIFICATE HOLDER CANCELLATION City of Round Rock, Texas 221 East Main Street Round Rock TX 78664 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 (2010105) © C D CORP TION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER CPP 2026809 COMMERCIAL GENERAL LIABILITY CG02050195 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - AMENDMENT OE CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABIUTY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABU Y COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABIUTY 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 mall prior written notice of cancellation or material change to: 1. SCHEDULE Neme: BLANKET -ANY PERSON OR ORGANIZATION WITH WHOM THE NAMED INSURED HAS ENTERED INTO A WRITTEN CONTRACT WHICH REQUIRES THAT PERSON OR ORGANIZATION BE GIVEN NOTICE OF CANCELLATION. (CERTIFICATES TO BE FILED WITH THE COMPANY) 2. Address: 3. Number of days advance notice: 3 0 (If no entry appears above, information required to complete this endorsement w*I bo shown in the Declarations as applicable to this endorsements.) 'EXCEPT IN THE EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM WHERE 10 DAYS NOTICE SHALL BE GIVEN. CG 0205 01 96 Copyright, Insurance Services Office, Inc.. 1994 Page 1 of 1 0 POLICY NUMBER: CA 2026808 COMMERCIAL AUTO CA 02 44 0604 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modlfles 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. Endorsement Effective: 01/30/2011 Countersigned By: Named insured:STEWART BUILDERS, INC. *4 . , ; ,. Representative) SCHEDULE Number of Days' Notice 30 Name Of Person Or Organization ANY PERSON OR ORGANIZATION WITH WHOM THE NAMED MUM HAS ENTERED INTO A WRITTEN CONTRACT REQUIRING WRITTEN MOTICS OF CANCELLATION PER CERTIFICATES ON FILE WITH COMPANY. BXCBPT 10 DAYS NOTICE SHALL HE GIVEN FOR NCO - PAYMENT Address If this poky Is canceled or materially changed to reduce or restrict coverage, we will mall notice of cancellation or chairsge to the person or organization named In the Schedule. We will give the number of days notice indicated in the Schedule. CA02440604 O ISO Properties, Inc., 2003 Page 1 of 1 • 1] WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 06 01 (Ed. 7-84) 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: 3 0 °EXCEPT IN THE EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM FOR WHICH 10 DAYS SHALL BE GIVEN. 2. Notice will be mailed to: BLANKET -ANY PERSON OR ORGANIZATION WHICH REQUIRES BY CONTRACT TO BE GIVEN NOTICE OF CANCELLATION. This endorsement changes the policy to which it Is attached end is effective .on the date Issued unless otherwise stated. (The Information below Is required only when this endorsement le issued subsequent to preparation of the policy.) Endorsement Effective 01/31/2011 Policy No, WC2 0 2 6 810 Endorsement No Insured Stewart Builders, Inc. dba Keystone Concrete Place Premium $ Insurance Comeany Amerisure Mutual Insurance Company WC 420601 lr-.t 7.R4) Countersigned by Het Foto 4 &Mon IM�a�r 14491$ POLICY NUMBER: CU 2034842 COMMERCIAL LIABILITY UMBRELLA CU 02 02 05 03 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 LIABILITY UMBRELLA COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to malt prior written notice of cancellation or material change to: SCHEDULE 1. Name: ANY PERSON OR ORGANIZATION WITH WHOM THE NAMED INSURED HAS ENTERED INTO A WRITTEN CONTRACT WHICH REQUIRES WRITTEN NOTICE OF CANCELLATION. 2. Address: PER CERTIFICATES ON FILE 3. Number Of Days Advance Notice: • 30 (If no entry appears above. Information required to complete this endorsement will be shown In the Declarations es applicable to this endorsement) •EXCEPT'IN THE EVENT OF CANCELLATION FOR NON-PAYMENT FOR WHICH 10 DAYS NOTICE SHALL BE GIVEN. CU 02 02 05 03 ©ISO Propertied. Inc., 2002 Page 1 of 1 0 Named Insured: Stewart Builders, inc. dba Keystone Concrete Placement Policy Number CPP2026809 Policy Term : 01/31/2011 THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM AN of the terms, prvvIsbns, exclusions, and limitations of the coverage form apply except as specifically stated below. SECTION II • WHO IS AN INSURED Is amended to include as an insured any person or organization, called an additional Insured in this endorsement .1. Whom you are required to add as an additional Insured on this policy under a written contractor agreement relating to your business: or 2. The written contract or agreement must require additional insured status for a time period during the terra of this policy and be execxstsd prior to the "bodily injury, "property damage",'perserrel Injury", or "advertising Injury" givingl rise toe daim under this policy. If, however, 'your work" was commenced under a letter of intent or work order, subject to a subsequent reduction to writing within 30 days from such commencement and with customers whose customary contracts require they be named as additional Insureds, we MI provide additional Insured status as spedfled in this endorsement. 3. If the additional insured Is: (a) An Individual, their spouse is also an additional insured. (b) A partnership or joint venture, members, partners, and their spouses are also additional Insureds. (c) A limited liablilty company, members and managers are also additional Insureds. (d) An organization other than a partnership, joint venture or limited liability company, executive officers and directors of the organization are also additional Insureds. Stockholders are also eddf tonal Insureds, but only with respect to their Iiabilty as sioc i holders. (e) A trust, you are an Insured. Your trustees are also Insureds, but only with, respect to thefr duties as trustees. The insurance provided to the additional insured is limited as follows: t That person or organization is only an additional insured with respect to liability arising out of: (a) Premises you own, rent, tease, or occupy, or (b) Your ongoing operations performed for that additional insured, unless the written contract or agreement requires 'your work` coverage (or waning to the same eifect) In which case the coverage provided shell extend to "your work" for that additional insured. Premises, as respects this provision, shall inckide common or public areae about such premises If so required In Vie written contract or agreement. Ongoing operations, as reapecrts this provision, does not apply to "bodily Injury' or "property damage' occurring after: (1) AN work Including materials, pmts or equipment furnished lo connection with such work on the pniect (other then service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations hes been oonvietect or Includes copyrighted motorist of Insurance Services OfIloe, Inc., with its perrrriseton. Copyright Insurance Services Office, inc., 2002 CG 70550304 Page 1 of 2 (2) That porton of 'your work' out of which the injury or damage arises hes been put to Its Intended use by any person or organization other than another contractor or subcontractor engaged in performing operations fora principal as a pert of the same project. 2. The limits of insurance applcable to the additional insured are the least of those spedfied in the written contract or agreement or in the Declarations for this policy. If you also carry an Umbrella policy, and the written contract or agreement ares that the additional insured status also apply to such Umbrella policy, the lirnIts of insurance applicable to the additional Insured under this policy shalt be those specified in the Declarations of this policy. The limits of insurance applicable to the aaddttonst insured are inclusive of and not in addition to the limits of Insurance shown in the Dedaralione. 3. The additional inured statue provided by this endorsement does not extend beyond the expiration or termination of a premises lease or rental agreement nor beyond the term of this policy. 4. My person or organization who is an Insured under the terms of lids endorsement and who le also an insured under the tens of the GENERAL LIABU.PTY EXTENSION ENDORSEMENT, if attached to this policy, shall have the benefit of the terms of this endorsement if the terns of this endorsement are broader. 5. If a written contract or agreement as outlined above requires that additional insured status be provided by the use of CG 20 10 11 85, then the terns of that endorsement, which are shown below, are Inoorporeted into this endorsement es respects such addlttonel insured, to the extent that such terms do not restrict coverage otherwise provided by this endorsement ADD1TIONAi.INSURED - OWNERS, LESSEES OR CONTRACTOR$ (FORM 0) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Blanket Where Required by Written Contract or Agreement that the terms of CO 20 10 11 85 apply. (If no entry appears above, Informaflon required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) le amended to Include es en insured the person or orgenizetlon shown In the Schedule, but only with respect to liability arising out of '`your work" for that insured by or for you. Copytdght, insurance Services Office, Inc.. 1084 03 20 10 11 88 - The insurance provided to the additional insured does not apply t0 "bodily InjuryTM, property damage", "personal Injury", or 'advertising Injury' arising out of an architect's, engIneeer''s, or surveyor's rendering of or failure to render any profession& services Incluring but not united to: 1. The preparing, approving, or f%NMg to prepare or approve mepe, drawings, opinions, reports, surveys, change orders, design mss; and L Supervisory, inspection, or engineering services. Any coverage provided in this endorsement is excess over any other valid end colieotlble insurance available to the additional Insured *tether palrnarry, exam, contingent, or on any other basis unless the written contract or agreement requires that this i suranoe be primary, M whidh case this Insurance we be pdmoy without contribution from such other lnsuranoe available to the additional insured. Includes copyrighted materiel of insurance Services Office, Inc., with Its permission. Copyright insurance Services Office, Inc. 2002 C070$5OSO4 Page 2 of 2 Named Insured: Stewart Builders, Inc. dba Keystone Concrete Placement Policy Number CPP2026809 Policy Term: 01 /31/2011 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CONTRACTOR'S GENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL UADLITY COVERAGE FORM Throughout this endorsement the words "you" and "your refer to the Named insured shown in the Declarations. The words "we," "us" and our refer to the Company providing this insuranoe. The word Insured" means any person or organization qualifying as such under Provision B. WHO 18 AN INSURED of this endorsement. Under SECTION 1- COVERAGE A., REM 2. EXCLUSIONS, provisions 1. through 7. of this endorsement emend the poNcy ee.follows: 1. LIQUOR LIABILITY Exclusion c. is deleted. 2. POLLUTION - HEATING AND AIR CONDITIONING EQUIPMENT The pollution exclusion within or attached to this Coverage Form shall not apply to: "Bodily injury" If sustained within a buNdin9 which is orwas at any time owned or occupied by or rented or teased to any !nsured and caused by smoke, fumes, vapor or soot from equipment used to heat or cool the bvi dhg. 3. NONOWNED WATERCRAFT Exclusion g., subparagraph (2) Is deleted and replaced with the following: (2) A watercraft you do not own that is; (a) Less than 61 feet long; and (b) Not beim used to carry persons or property fora charge. 4. PREMISES ALIENATED A. Exclusion j. subparagraph (2) is deleted. 8. The following paragraph Is deleted frnl Exclusion j.; Paragraph (2) of this exclusion does not apply Ithe premises are "your work" and were never occupied, rented or held for rental by you. 5. PROPERTY DAMAGE WABIUTY • ELEVATORS AND SIDETRACK AGREEMENTS A. Exduston j. paragraphs (3), (4), and j6) do not apply to the use of elevators. B. Exclusion k. does'not apply to: 1. The use ad elevators; or 2. Liability assumed under a sidetrack agreement. 6. PROPERTY DAMAGE LIABILITY - BORROWED EQUIPMENT A. Exclusion jh Iter (4) does not apply to "property damage" to borrowed equipment while at a 'oink. and not being used to perform operations. B. With respect to any one borrowed eqripment item, Paragraph A. above does not apply to "property damage" which exceeds 126,000 per aaowrenos and annual aggregate. Includes copyrighted material of insurance Servioea Office. Inc.. with Its permission. Copyright Issuance Services Office, Ina, 2004 CG TO 6310 05 Pegs 1 of 9 7. PRODUCT RECALL EXPENSE A. Exclusion n. Recall of Products, Work or impaired Property does not apply to "product recall expenses" that you incur for the "covered recall" of your product". This exception to the exclusion does not apply to "product recall expenses" resulting from: 1. Failure of any products to coc ompiish their Intended purpose; 2. Breach of warranties of fitness, quality, durability or performance; 3. Loss of customer approval or any cost Incurred to regain customer approval; 4. Redistribution or replacement of 'your product", which has been recalled. by like products or substitutes; 5. Caprice or whim of the insured; 6. A condition likely to cause toss, about which any insured knew or had reason to know at the inception of this Insurance; 7. Asbestos, including Toss, damage or clean up resulting from asbestos or asbestos containing materials; 8. Recall of "your product(sr that have no known or suspected defect solely because a known or suspected detect in another of 'your product(sr has been found. B. Under SECTION dI - LIMITS OF INSURANCE, paragraph 3. Is replaced in its entirety ae folbwe and paragraph 8. Is added: 3. The Products -Completed Operations Aggregate Umlt is the most we wig pay for the sum of: a. Damages under COVERAGE A BODILY INJURY ANIS PROPERTY DAMAGE UABILtTY because of body Injury' and `property damage" included M fhe'products.compteted operations hazard" and . b. "Product reap expenses'. 8. Subject to paragraph 5. above, $25,000 is the most we will pay for all "product recoil expenses' arising out of the same defect or deficiency. The insurance afforded by reason of provisions 1. through 7. of this endorsement Is excess over any valid and collectible insurance (Includhg any deduontlej avafabte to the Insured whether primary, excess or oonfingent, end SECTION IV. OTHER INSURANCE, CONDITION 4.1s changed accordingly. 8. CONTRACTUAL LIABILITY - PERSONAL AND ADVERTISING INJURY Under SECTION 1- COVERAGE B., ITEM 2 . Exclusions, paragraph e. Contractual Liability Is deleted. 9. SUPPLEMENTARY PAYMENTS Under SECTION I - SUPPLEMENTARY PAYMENTS - COVERAGES A AND B, Items 1.b. and d. are deleted and replaced with the following: 1. b. Up to $2.500 for cost of ball bonds required because of accidents or traitio law violations arising out of the use of any vehicle to which the Soddy injury UabNlty Coverage des. We do not have to furnleh these bonds. 10. BROADENED WHO IS AN INSURED SECTION I - WHO is AN INSURED Is deleted and repleoed with the following: 1. N you are designated In the Declaration: as: a. An Individual, you and your spouse ere insureds, but only with respect to the conduct of a business of which you are the ode owner. b. A partnership or joint venture, you are an lured. Your members, your partners, and their spouse, are also insureds, but only with respect to the conduct of your business. Page 2 019 Includes copyrighted material of Insurance Services Office. Inc.. with its permission. Copyright insurance Services ONloe, Inc., 2004 C0 70 83 10 05 c. A limited (lability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are Insureds, but only with respect to their duties a8 your managers. d. An organization other than a partnership, joint venture or limited lability company, you are an insured. Your "executive officers" and directors are Insureds, but only with respect to their dudes as your officers or directors. Your stockholders are also Insureds. but only with respect to their liability as stockholders. 2. Each of the following Is also an Insured: a. Your "employees," other than either your "executive officers," (if you ere en organization other than a partnership, joint venture or limitod liability company) or your managers (if you we a limited lability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your businees. However, none of these 'employees" is an insured for: (1) "Bodily Injury' or "personal injury"; (a) To you, to your partnere or members (if you are a partnership or joint venture), to your members (if you ere a limited Rablity company), or to a co -"employee" while that co. "employee" to either In the cohsse of his or her employment or performing duties related to the conduct of your business; (b) To the spouse. child, parent, brother or sister of that ca"employee" as a consequence of paragraph (1)(a) above; (a) For which there le any obligation to share damages with or repay someone else who must pay damages because of the injury described In paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services except as provided In Provislon 11. of this endorsement. (2) "Property damage° to property: (a) Owned, occupied or used by; (b) Rented to, in the cera, custody or control of, or over which physical control Is being exercised for any purpose by you, any of your "employees." any partner or member (If you are a partnership or joint venture), or any member (if you am a limited ltabMty company). b. Any person (other than your "employee), or any organization while acting as your real estate manager. c. Any person or organlzatlon having proper temporary ouetody of your property if you die, but ongr; (1) With respect to liability arising out of the rnei nterhsncce or use of that property; and (2) Untill your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duller; under this Coverage Form. O. Your subsidiaries If: (1) They are legally Inoorporsted entitles; and (2) You own more than 50% of the voting stock In such subsidiaries as of the effective date of this limit subsidiaries are not shown In the Deciaratlons, you must report them bus within 180 days of the Inception of your original policy. Includes copyrighted material of Insurance Services Offioe, Inc., with Its permission. Copyright insurance Services Office, Inc., 2004 C0TO031008 Page 3of9 f. Any person or organization other than an architect, engineer, or surveyor, which requires in a "work contract" that such person or organization be made an Insured under this poky. However. such person or organization shall be an insured only with respect to covered "bodily injury," "property damage," "personal injury and "advertising Injury" that results from "your works' under that "work The °overage afforded to such people or org& zatton will continue only for a period of thirty (30) days after the effective date of the applicable 'work contract" or, until the end of One porky term whichever is elder. However, If you report to us within the 30 -day period staled above** name of the person or organizedon, as well as the nature of the "work oonbact' Involved, the coverage afforded under this Coverage Form to such people or organization shall continue until the expiration of this policy, This paragraph f. does not apply It form CO 70 85, Texas Contractors Blanket Additional Insured Endorsement, le attached to the policy. Any person or organlzatlo n to whom you are oblgsted by virtue of a written contract to provide insurance ouch as is afforded by this policy, but only with respect to liability arieing out of the maintenance or use of that pad of any premises teased to you, including common or public areas about such premises if oro required in the contract However, no such person or organization is an insured will respect to: (1) Any "Occurrence" that takes place after you cease to occupy those premises; or (2) Structural alterations, new amatruction or demolition operations performed by or on behalf of euoh person or organization. h. Any state or political subdivision but only es respects legal liability incurred by the state or political subdivision solely because It has issued a perrnitwith respect to operations performed by you or on your behalf. • However, no state or political subdhrlslon Is en insured with respect to: (1) 'Bodly injury", "property damage", "personal injury' or "advertising injury arising out of operations performed for the state or municipality; or (2) "Bodty Injury" or 'property damage' included within the "products -completed operations hazard." I. Any person ororgerdzadon who Is the lessor of equipment teased to you, to whom you are obligated by virtue of a written contact to provide Insurance such as is afforded by this poloy but only with respect to their lability arising out of the rmekntenanoe, operation or use by you of such equipment However, no such person or organlzatbn le an insured with respect to: (1) Any "occurrence" which takes place after the equipment lease expires; or (2) "Bodily injury" or "property damage' ariskrg out of the sole negllgenoe of that person or j. Any architect, engineer, or surveyor engaged by you but only with respect to liabtly arising out of your greases or "your work." However, no architect, engineer, or surveyor ie an Insured with res pent to "bodily Injury," "property damage," "personal injury," or *advertising injury" arising out of the rendering of or the failure tD render any professional service, by or for you, Whirling: ng: (1) The preparing, approving, or failing to proPors or approve maps. drawings, opinions, reports, surveys, change orders deatpns or specmtcation; or (2) Supervisory, k,epection, or engineerkla services. This paragraph j. does not apply if form CO 710 85, Texas Contractors Blanket Additional Insured Endorsement, Is attached to the policy. 0. Page 4of9 Includes oopyrtghted material of insurance Services Office, Inc., with Its permiselon. Copyright Insurance Servicsi Office, Inc., 2004 0070531005 k. Any manager, owner, lessor, mortgagee, assignee or reoeiver of premises, including land leased to you, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises or land leased to you. However, no such person or organization is en insured with respect to: (1) Any "occurrence" that takes place after you cease to occupy that premises, or cease to lease the land or (2) Structural alteration, new construction or demolition operations performed by or on behalf of that person or organization. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company and over which you maintain ownership or majortly interest, will qualify as e Named insured U (here is no other similar insurance available to that organization. However. a. Coverage under this provision is eftarded only ung the end of the policy period; b. Coverage A does not apply to "bodily Injury' or "property damage" that occurred before you acquired or formed the organization; c. Coverage B. does not apply to "personal injury" or "advertising Injury" arising out of an offense committed before you acquired or formed the organizagon. d. Coverage A. does not apply to 'product recall expense' arra out of any withdrawal or recall that occsured before you acquired or formed the organlxction. 4. Any person or organization with whom you agreed, because of a written contract or agreement to provide insurance. but only with respect to 'bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. However, no such person or organization Is an Insured with respect to: a. 'Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contractor agreement. This exclusion does not apply to liability for darnageu that the vendor would have in the absence of the contract or agreement. b. Any express warranty unauthorized by you; c. Any physical or chamkal change in the product made intentionally by the vendor, d. . Ftepackaglng, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instruction from the manufacturer, and then repackaged in the original container; e. Demonstration, instaaation, servicing or repair operations, except such operations performed at the vendors premises In connection with the sate of the product f. Products which, after distribution or sale by you, have bean labeled or relabeled or used as a container, part or ingredient of any other the orsubstance by or for the vendor. This Insuranoe does not apply to any insured person or organization, from whom you have acquired such products, or any indent, part of container, entering into, accompanying or containing such products. No person or organization Is an Insured with resect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. 11. INCIDENTAL MALPRACTICE LIABILITY A. As respects provision 10., SECTION 11— WHO 13 AN INSURED, paragraph 2.a.(1)(d) does not apply to any nurse, emergency medics' technician or paramedic employed by you to provWe med lcal or paramedical services. B. Thiry provision 11. dies not apply: Includes copyrighted material of insurance Services Ofiloe, Inc., with its permission. Copyright Insurance Services Vice, Inc., 2004 C07063 10 Orf Page 5 of 9 1. It you are engaged in the business or occupation of providing any services referred to in A. above. 2. If the employee has any other insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any ether basis. Under SECTION ID - LIMITS OF DURANCE, provisions t2. and 13. of this endorsement amend the poky as follows: 12. AGGREGATE LIMITS PER PROJECT The General Aggregate Limit applies separately to each of your construction projects away from premises owned by or rented to you. 13. INCREASED MEDICAL PAYMENTS UMtTB AND REPORTING PERIOD A. The requirement in the Insuring Agreement under COVERAGE C. MEDAL PAYMENTS that expenses be incurred and reported to us within one year of the date of the accident is changed to three years. B. Paragraph 7., the Medical Expense Limit Is subject to all the tonne of LIMITS OF INSURANCE (Section 10) and Is the higher of•. 1. $10,000; or 2. The amount shown In the Declaration' for Medical Expense Limit. C. This provision 13, does not apply If Coverage C. MEDICAL PAYMENTS le excluded either by the . provisions of the Coverage Form or by endorsement. 14. LEGAL LIABILITY (SPECIFIC PERILS) A. The word fire Is changed to "speditc perils' where It appears in: 1. The Limits of Insurance section of the Declarations; 2. The last paragraph of (Section I), COVERAGE A.2. Exclusions 3. SECTION IV. ITEM 4.b. of the Other Insurance condition; 8. The Milt of Insurance shown in the Declarations wN apply to all damage proximately caged by the same evens, whether euoh damage results from a "spedflc peril" or any combination of 'specific perils.' C. The Fire Damage Limit h ITEM 6., LIMITS OF INSURANCE (Section fl1), le replaced by a new "Specific Peril" Limit, which h la the higher of: (1) $300,000; or (2) The amount shown In the Declarations for Fire Damage Limit. D. This provision 14. does not apply If the Fire Damage Legal Liability of COVERAGE A (Section I) is excluded either by the provisions of the Coverage Form or by endorsement. Under SECTION IV - COMMERCIAL. GENERAL LIABILITY COMMONS, provisions 16. through 17. of this endorsement amend the pokey as follows: 15. KNOWLEDGE OF OCCURRENCE ITEM 2. - Dues In The Event Of Occurrence, Offense, Claim, Or Sult - hem a. Is deleted and replaced and Item a. and f. are added as follows: a. You must see to it that we are notified es soon as practicable of en 'occurrence" or an offense, regardless of the erirount, which may result in a claim. Knowledge 01 an "occurrence" or an offense by your "empioyee(sj' shall not, in Itself, constitute knowledge to you unless one of your partners. members, 'executive tive o6lcers,' directors, or managers has knowledge of the "occurrence' or offense. To the extent posshfe, notice should include: (1) How, when and where the 'occurrence" or offense took per; Page 5of9 Includes oopyrighted material of Inairanoo Services Ounce, Inc.. with its permission. Copyright Insurance Services Office, Inc.. 2004 CO 70 43 10 05 (2) The names and addresses of any injured persons and witneaaes; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. . e. If you report en 'occurrence" to your workers compensation carrier that develops into a liability claim far which °overage is provided by the Coverage Form, failure to report such en *occurrence' to us at the time • of the °occurrence" shall not be deemed a vbiation of paragraphs a., b., and c. above. However, you shall give written notice of this *occurrence', to us as soon you become aware that this "occurrence" may be e liability claim rather than a workers compensation dsim. f. You must see to it that the foftowtng are done in the event of an actual or antidpated "covered reoatl' that may result in "product reel expense': (1) Give ue prompt notice of any discovery or notification that 'your product" must be withdrawn or recalled. Indust* a description of your product" and the reason for the withdrawal or moat (2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until I has been determined that alt such products are free from defects that could be a cause of loss under the insurance. 16. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS item 8. • Representations le deleted and replaced with the following; 6. Represenhdions Sy accepting this policy, you agree: a. The statements In the Declarations are accurate and complete; b. These statements are based upon representations you made to us; and c. We have Issued this policy In reliance upon your representations. We will not deny coverage under this coverage part K you unlntentlonaty fall to disclose all hazards existing as of the inception date of this policy. You must repot to us any knowledge of an error or omission M the description of any premises or operation Intended to be covered by the Coverage Fent es soon as practicable after its discovery. However, this provIslon does not affect our right to collect additional premium or exerdse our right of cancellation or nonrenewel. LANKET WAIVER OP SUBROGATION 8.-Trsnsf;er of Rights Of Recovery Against Otters To Us - is deleted and replaced with the following: if the insured has rights to recover ail or part of any payment we have made under this Coverage Form, those rights are transferred bus. The inured must de nothing after loss to impale them. At our request, the insured will bring *suit` or transfer arose rights to us end help ue enforce them. However, tf the Insured has waived rights to recover Uhrooug h a written contract, or I "your work" was corrmrenoed under a letter of Mot or work order, subject to a subsequent reduction to writing with customers whose customary contracts require a waiver, we waive any rent of recovery we may have render this Coverage Farm. 18, EXTENDED NOTICE Off CANCELLATION AND NONRENEWAL Paragraph 2.b. of A. Cancellation of the COMMON POLICY CONDITIONS is deleted and replaced wth the following: b. 60 days before the effective date of the cancellation if we cancel for any other reason. Under SECTION IV —COMMERCIAL. GENERAL UABIUTY CONOMONS, Paragraph 9. When We ho Not Renew is deleted and rsplacred with the following: 9. When We Do Net Renew e. We may Neat not to renew this policy except. that under the provisions of the Texas insurance Code, we may not refuse to renew this pdtcy solely because the policyholder is en elected official 8. Includes copyrighted materiel of insurance Services Office, Inc., with its permission. Copyright insurance Services Offoe. Ina., 2004 C970631006 Page 7of9 b. If we elect not to renew this policy, we may do so by making or delivering to the first Named Insured, at the last mailing address known to us, written notice of nonrenewal, stating the reason for nonrenewal, at least 60 days before the expiration date. If notice Is mailed or delivered less than 60 days before the expiration date, this policy will remain In effect until the gist day after the date an which the notice le mailed or delivered. Earned premium for any period of coverage that extends beyond the expiration date will be computed pro,rote based on the previous year's premium. c. If notice is mailed, proof of mailing will be suffident proof of notice, d. The transfer of a policyholder between admitted companies within the same Insurance group is not considered a refusal to renew. 19. MOS1LE EQUIPMENT REDEFINED Under SECTION V V. DEFINITIONS, Nem 12., "mobile equipment", the provisions of paragraph f. (1)(a)(b)(c) do not apply to 88Npropelled vehicles of lees than 1,000 pounds gime vehicle weight and they are not designed for use on a highway. 20. LIMITED ELECTRONIC DATA LIABIUTY A. The following paragraph is added to SECTION NI • LIMITS OF INSURANCE: Subject to 6. above, the most we will pay under Coverage A. for "property damage" because of all loss of "electronic data" arising out of any one "occurrence Is $25,000. E. For the purposes of this Limited Electronic Dots LiabMly coverage, the definition of "Property Damage" in SECTION V — DEFINITIONS is replaced by the towing: 17. " Property damage' means: a. Physical injury to tangible property, Including all resulting loss of use of that property. AN such loss of use shall be deemed to occur at the time of the physical injury that caused It; b. Loss of use of tangible property that Is not physically injured. Ail such loss of use shall be deemed to occur at the time of the "oocurrenoe" that used It; or c. Loss of, loss of use of, damage to, corruption of, Inability to access, or Inability to vverly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at (he time of the "occurrence" that caused IL For the purposes of this Insurance, "electronic dela" Is not tangible property. 21. DEFINITIONS SECTION V - DEFINITIONS is amended to add the following definitions: 1. The definition of 'coverage territory' (Section V item 4) is replaced by the following: "Coverage territory" means anywhere in the world with respect to Nobility acts out of "bodily injury," "property damage,' or `personal and advertising Injury," including *personal and advertising Injury' offenses that tie place through the intemet or similar electronic means of oonimunicetion provided the insures responslbWty to pay damages is determined in a settlement to which we agree or in a'"suit" on the merits, in the United States of America (Including Its territories and possessions), Puerto Rico and Canada 2. "Covered receN" means a recall mode neoesssry because you ora government body has determined that a [mown or suspected defeat, depaency, inadequacy, or dangerous oonditlor In "you product" has resulted **will result In "body +ry" ***prop,* damage". 3. "Electronic data" means trrtoretatiori, feats or programs Rpprtx�tsas�wvan created orused y, transmitted to or from computer schwa e (including systems ROMS, tepee. drives, coils, data proceeeing devices or any other media used with electronically oontroiled Page 8 of 9 includes copyrighted material of Ineurenee Saviors Office, Inc., with Its permission. Copyright Insurance Servloes Office, Inc., 2004 CO 706310 oa 4. "Product Recall expenses" mean only reasonable and necessary extra costs, which result from or are related to the recall or withdrawal of "your product' for. a. Telephone and telegraphic communication, radio or television announcements, computer time and newspaper advertising; b. 8tetloneey, envelopes, production of announcements and postage or facsimiles; a. Remuneration paid to regular employees for necessary overture or authorized morel expense; d. Temporary hiring by you or by agents designated by you of persons, other then your regular employees. to perform necessary tasks; e. Rental of necessary additional warehouse or storage space; f. Packaging of or transportation or shipping of defective products to the location you designate; and g. Disposal of "your products" that cannot be reused. Disposal expenses do not include: (1) Expenses that exceed the original cost of the materia incurred to meatufacture or process such product and (2) Expenses that exceed the cost of normal trash discarding or disposal, except as are necessary to avoid 'bodily or 'property damage". • 8. *Specific Perk" means lire; lighkting; explosion; windstorm or hal; smoke; aircraft or vehicles; net or civil con notbn; vandalism; leakage from lire extinguishing equipment; weight of snow, ice or sleet or' water damage.* 6. "Water damage" means accidental discharge or leakage of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam. 7. "Work contract' means a written agreement between you and one or more parties for work to be performed by you or on your behalf. Includes copyrighted material of insurance Services Office, Inc., with Its permiselon. Copyright Insurance Services OffIoe, Inc., 2004 Page 9 of CO 70 5310 05 TE 99 01B ADDITIONAL INSURED This endorsement modifies Insurence provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes the poky effective on the Inception date of the poky unless another date Is Indicated below: Endorsement Effective 01/31/2011 Named Insured Stewart Builders. inc. dba Keystone Concrete Placement (Authorized Representative) The provisions and exclusions that apply to LIABlurt COVERAGE also apply to lhls endorsement. (Enter Name and Address of Additional Insured.) BLANKET ANY PERSON OR ORGANIZATION WITH WHOM THE NAMED INSURED HAS ENTERED INTO A WRITTEN CONTRACT WHICH REQUIRES YOU NAME THE PERSON 08 ORGANIZATION A8 AN INSURED ON YOUR POUCY. (CERTIFICATES TO BE FILED WITH COMPANY) • Is an Insured, but only with respect to legal responsibility for acts or antimslotns of a person for whom Liability Coverage Is afforded under this policy. The additions, Insured is not required to pay for any premiums stated In the poky or earned from the policy. Any return premium and any dividend, if appkable. did by us shall be paid to you. You ere authorized to act for the additional insured In al matters pertaining to this Insurance. We will mai the additional Insured notice of any cancellation of this policy. If the cancellation Ie by us, we will give ten days notice to the additional Insured. The additional insured will retain any right of recovery as a claimant under this policy. FORM TE 99 01B - ADQRbONAL INSURED Teas Standard Autbmoblie Ettdora.ment Prescribed Mardi 19, 4992 Named Insured: Stewart Builders, Inc. dba Keystone Concrete Placement Policy Number: CA2026808 Policy Term: 01/31/2011 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS ADVANTAGE COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies Insurance provided under the BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. The premium for this endorsement is $ S500.00 1, BROAD FORM INSURED SECTION II - LIABIUTY COVERAGE, A.1. Who Is An insured Is amended. by the adction of the following: d. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or a majority interest, will quafly as a Named Insured. However, (1) Coverage under this provision is afforded only until the end of the policy period; (2) Coverage does not appy to "acddents` or loss" that occurred before you acquired or formed the organization; and (3) Coverage does not apply to en organization that is an "insured" under any other policy or would be an "insured" but for its termination or the exhausting of its unit of insurance. e. Any "employee" of yours using: • (1) A covered "auto" you do not own, hire or borrow, or a covered "auk)" not owned by the "employee" or a member of his or her household, while performing duties related to the conduct of your business or your personal affairs; or (2) An "auto" hired or rented under a contract or agreement in that employee's" name, with your permission, while performing duties related to the conduct of your business. However, your "employee" does not qualify as an insured under this paragraph (2) while using a covered "auto" rented, from you or from any member of the "employee's" household. f. Your members; if you are a limited liability company. while using a covered "auto" you do not own, hire or borrow and while performing dudes related to the conduct of your business or your personal affairs, g. Any person or organization with whom you agree in a written contract. written agreement or permit. to provide insurance such as is afforded under this policy. but only with respect to your covered "autos". This provision does not apply. (1) Unless the written contract or agreement is executed or the permit is issued prior to the'' bodily injury' or"ptoperty damage'", (2) To any person or organization included as an insured by an endorsement or in the Declarations; or (3) To any lessor of "autos" unless: tai The lease agement requires you to provide ditectprknary insurance for the lessor; (b)• The "auto" is leased without a driver, and (c) The lease had not expired. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Copyright Insurance Services Office. Inc., 2006 an 188608 Page 1 of 6 Leased "autos" covered under this provision wit be considered covered "autos" you own and not covered "autos' you hire. h. Any legally incorporated organization or subsidiary In which you own more than 50% .of the voting stock on the effective date of this endorsement Thls provision does not apply to "bodily injury' or "property damage" for which an "insured' Is also an insured under any other automobile policy or would be an insured under such a poNcy, but for its termination or the exhaustion of its limits of Insurance, unless such policy was widen to apply specifically in excess of this policy. 2. COVERAGE EXTENSIONS " SUPPLEMENTARY PAYMENTS Under Section 11 • LIABILITY COVERAGE, A.2.a. Supplementary Payments. paragraphs (2) and (4) are deleted and replaced as follows: (2) Up to $2,500 for the cost of ball bonds (including bonds for related intik law violations) required because of an "acddent" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at aur request, Including actual loss of earnings up to $500 a day because of time off from work. 3. AMENDED FELLOW EMPLOYEE EXCLUSION Under SECTION 6 - LIABILITY COVERAGE. B. EXCLUSIONS, paragraph 5. Fellow Employee is deleted and replaced by the following: "Bodily injury" to any fellow "employee" of the' insured" arising out of and to the course of the fellow "employee's" employment or while performing duties related to the conduct of your business. However, this exclusion does not apply to your "employees' that are officers or managers if the "bocIlly injury results from the use of a covered "auto" you own. hire or borrow. Coverage Is excess over any other collectible insurance. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE AND LOSS OF USE EXPENSE A. Under SECTION 111 " PHYSICAL DAMAGE COVERAGE, A. COVERAGE the following is added: If any of your owned covered "autos" are covered for Physical Damage. we will provide Physical Damage coverage to "autos" that you or your "employees" hire or borrow, under your name or the "employee's" name, for the purpose of doing your work. We will provide coverage equal to the broadest physical damage coverage applicable to any covered "auto" shown to the Declarations, Item Three, Schedule of Covered Autos You Own. or on any endorsements amending this schedule. B. Under SEC11ON 111- PHYSICAL DAMAGE COVERAGE, AA. Coverage Extensions. paragraph b. Loss Of Use Expenses is deleted and replaced with the following: b. Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehlde rented or hired without a driver, under a written cental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision, only if the Declarations Indicate that Comprehensive Coverage Is provided for any covered "auk': (2) Spedfled Causes of Loss, only if the Declarations Indicate that Specified Causes 0f Loss Coverage Is provided for any covered "auto": or (3) Collislon, only if the Dedaradons ii cage that Collision Coverage is provided for any covered ''auto". However. the most we will pay for any expenses for loss of use is $30 per day, to a maximum of $2.000. Includes copyrighted material of Insurance Set iet4 Office. Inc.. with its permission. Copyright Insurance Services Inc., 2005 Page 2of6 cA71 fao5oa C. Under SECTION IV —BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, paragraph b. Is replaced by the following: b. For Hired Auto Physical Damage, the following are deemed to be covered "autos" you own: 1. Any covered "auto" you lease, hire, rent or borrow; and 2. Any covered "auto" hired or rented by your "employees" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. • However, any "auto" that is leased, hired, rented or borrowed with a driver Is nota covered "auto", nor is any "auto" you hire from any of your "employees", partners (if you am a partnership), members (if you are a limited liability company), or members of their households. 5. LOAN OR LEASE GAP COVERAGE Under SECTION 111— PHYSICAL DAMAGE COVERAGE, A. COVERAGE, the following is added: If a covered "auto" is owned or teased and if we provide Physical Damage Coverage on k. we will pay, in the event of a covered totalloss". any unpaid amount due on the lease or loan for a covered "auto", less: (a) The amount paid under the Physical Damage Section of the policy; and: (b) Any: (1) Overdue lease or ban payments including penalties, Interest or other charges resulting from overdue payments at the time of the loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Costs for extended warranties. Credit Life insurance. Health, Accident or Disability Insurance purchased with the loan or lease; •(4) Security deposits not refunded by a lessor; and (S) Carryover balances from previous loans or leases. 6. RENTAL REIMBURSEMENT Under SEC11ON NI " PHYSICAL DAMAGE COVERAGE. A.G. Coverage Extensions. paragraph a. Transportation Expenses is deleted and replaced by the following: a. Transportation Expenses (1) We will pay up to $75 per day to a maximum of $2,000 for transportation expense incurred b�yy you because of covered "loss". We will pay onlyfor those covered "autos" for which you carry GoIUsian Coverage or either Comprehensive Coverage or Spedlkd Cruses of Loss Coverage. We will pay for transportation expenses incurred during the period beginning 24 hours after the covered lose" and ending, regardless of the policy's aspiration. when the covered "auto" is returned to use or we pay for its loss". This coverage Is In eddidon to the otherwise applicable coverage you have on a covered "auto". No deductibles apply to this coverage. (2) This coverage does not apply while there is a spare or reserve "auto" available to you for your operation. 7. AIRBAG COVERAGE Under SECTION NI - PHYSICAL DAMAGE. D. EXCLUSIONS, paragraph 3.1s deleted and replaced by the following: • 3. We wail not pay for loss" caused by or resulting from any of the foHowkg unless caused by other loss" that is covered by this insurance: Includes copyrighted material of Insurance Services Office. Inc., with its permission. Copyright Insurance Services Ofice, Inc., 2005 CA71130508 Pap 3 of • (1) Wear and tear, freezing, mechanical or electrical breakdown. However, this exclusion does not include the hscharge of an airbag. (2) Blowouts, punctures or other road damage to tires. 8. GLASS REPAIR -- WAIVER OF DEDUCTIBLE Section ill -• PHYSICAL DAMAGE COVERAGE, D. Deductible is amended to add the following: No deductible applies to glass damage if the glass is repaired rather than replaced, 9. COLLISION COVERAGE-- WAIVER OF DEDUCTIBLE Under Section Ill • PHYSICAL DAMAGE COVERAGE, D. Deductible is amended to add the following: When there Is a toss to your covered "auto" Insured for Collision Coverage. no deductible will apply if the loss was caused by a collision wkh another "auto" Insured by us, 10. KNOWLEDGE OF ACCIDENT Under SECTION IV - BUSINESS AUTO CONDITIONS, A. Lou Conditions, 2. Duties In The Event Of Accident, Claim, Sult Or Loss. paragraph s. Is deleted and replaced by the following: a. You must see to it that we are notified as soon as practicable of an "acddent", claim, "suit" or loss". Knowledge of an "accident", claim, "suit' or loss" by your "employees" shah not, in Itself, constitute knowledge to you unless one of your partners, executive officers, directors, managers, or members (If you are a limited liability company) has knowledge of the "accidenr. dafm, "suit" or "loss". Notice should Include: (1) How, when and where the "acddent' or loss" occurred; 12) The "insured's* name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. SFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION) Under SECTION IV • BUSINESS AUTO CONDR1ONS, A. Loss Conditions paragraph 5. Transfer Of Rights Of Recovery Against Others To Us Is deleted and replaced by the following: 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organlzadon to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after 0aoddenr or "foss" to Impair them. However, if the Insured" has waived rights to recover through a written contract, or if your work was commenced under a leder of intent or work order, subject to a subsequent reduction in wrking with customers whose customer/ contracts require a waiver, we waive any right of recovery we may have under this Coverage Parm. 12. UNINTENTIONAL. FAILURE TO DISCLOSE HAZARDS Under SECI1ON N • BUSINESS AUTO CONDITIONS, 8. General Conditions, paragraph 2. Conceahnent, Misrepresentation Or Freud Is amended by the addition of the following: We will not deny coverage under this Coverage Form if you unintentionally fad to disclose all hazards existing as of the inception date of this policy. You must report to us any knowledge of an error or omission In your representations as soon as practicable after ks discovery. This provision does not affect our right to collect additional premium or exerdse our right of cancellation or nonrenewal. page 4 of 6 Includes copyrighted material of Insurance Services Of lice. Inc.. wflh its permission. Copyright Insurance Services Office. Inc., 2005 CA71 to05OE 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SCHEDULE Description of Covered Auto: Limit of Insurance Deductible $500 $250 A. Coverage 1. We will pay, with respect to a covered "auto" described in the above Schedule, for loss" to any electronic equlment that receives or transmits audio, visual or data signals and that Is not designed solely for the reproduction of sound. This coverage apples only if the equipment is permanently Installed in the covered "auto" at the time of the loss" or the equipment Is removable from a housing unit that is permanently installed in the covered "autar at the time of loss", and such equipment Is designed tb be solely operated by use of the power from the "ma's" electrical system, in or upon the covered "auto". 2. We will pay, with respect to a covered "auto" described In the above Scheele, for "loss" to any accessories used with the electronic equipment described in paragraph A.1. above. however, this does not include tapes, records or discs. 8. Exclusions For purposes of this provision 13., the exclusions that apply to Physical Damage Coverage, except for the exclusion relating to Audio, Visual and Data Electronic Equipment, also apply to coverage provided by this endorsement M addition. the following exclusions apply: We will not pay, under this endorsement, for ekher any electronic equipment or accessories used with such electronic equipment that is: 1. Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system; or 2. Foch: a. M integral part of the same unit housing any sound reproducing equipment designed solely for the reproduction of sound If the sound reproducing equipment is permanently installed In the covered "arta"; and b. Permanently Installed in the opening of the dash or console normally used by the manufacturer for the Installation of a radio. 3. A device designed or used to detect speed measuring equipment such as radar or laser detectors or a jamming apparatus intended to elude or disrupt speed measurement equipment, whether permanently Installed or tempararNy mounted in or on the covered `auto". C Limit of insurance With respect to coverage under provision 13. of this endorsement, the LImlt of Insurance provision of Physical Damage Coverage Is replaced by the following: The rest we will pay for all loss" to audio, visual or data electronic equipment and any accessories used with this ecpdpment;. as desaibod in paragraph A. above, as a result of any one "accident"", is the lesser of: 1. The actual cash value of the damaged or stolen property as of the time of the loss"; or 2. The cost of repairing or repladng the damaged or stolen properly with other properly of like kind and quell or• 3. The amount shown to the Schedule. Includes copyrighted mated of Insurance Services Office. Inc.. wigs its permission. Copyright Insurance Services piece, Inc.. 2005- CA711$O50$ Page of D. Deductible 1. If loss" to the audio, visual or data electronic equipment or accessories used with this equipment. as described in paragraph A. above. is the result of a loss" to the covered "auto" under this Coverage Form's Comprehensive or Collision Coverage, then for each covered "auto" our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applcabie deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to loss" to audio. visual or data electronic equipment caused by fire or lightning. 2. If loss" to the audio, visual or data electronic equipment or accessories used with this equipment. as described In paragraph A. above..ls the result of a "loss:" to the covered "auto" under this Coverage Form's Specified Causes of Loss Coverage, then tor each covered "auto" our obligation to pay for, repair, return or replace damaged or stolen property wip be reduced by the applicable deductible shown in the Schedule of this endorsement, 3. If loss" occurs solely to the audio, visual or data electronic equipment or accessories used with this equipment, as described In paragraph A. above, then for each covered "auto" our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Schedule of this endorsement. 4. in the event that there is more than one applicable deductible, only the highest deductible will apply. In no event wiU more than one deductible apply. E. When This Provision Becomes Void This provision, AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE, is void If CA 04 02, Texas Audio. Visual And Data Electronic Equipment Coverage, is attached to the policy. Page 6 of 6 includes copyrighted material of Insurance Services Oboe, Inc., with its permission. Copyright insurance Secvioes Office, inc., 2005 CA 711805 08 Named Insured: Stewart Builders, Inc. dba Keystone Concrete Placement Policy Term: 01/31/2011 COMMERCIAL LIABILITY UMBRELLA CU T4 871107 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -- PRIMARY/NON-CONTRIBUTORY COVERAGE This endorsement modifies Insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Under SECTION 9 — WHO 18 AN INSURED, the following Is added to paragraph 3: , 9 coverage provided to any additional Insured la required by a written contractor agreement, we wlk provide coverage to the additional insured on a primary basis without contribution from any other valid end collectible Insurance available to the additional insured. The most we will pay under this Insurance on a primary bawls without contribution from any other vapd and collectible insurance is the amount of insurance required by the written contract or agreement or the Each Occurrence Limit shown In the Commerdal Liability Umbrella Declarations, whichever le leas. Under SECTION N -- CONDITIONS, paragraph S. Other Insurance does not apply to coverage provided by this endorsement. Includes oopydghted material of insurance Services Office, Inc. with its pamtlsalon. Copyright insurance Services Oftice, Inc. 1994 CU 74 6111 07 Named Insured: Stewart Builders, Inc. dba Keystone Concrete Placement Pofcy Term 01/31/2011 POLICY NUMBER: CU 2034042 COMMERCIAL LIABILITY UMBRELLA CU 22820604 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies Insurance provided under the following: COMMERCIAL UABLITY UMBRELLA COVERAGE PART SCHEDULE Name 01 Person Or Organization: ANY PERSON OR ORGANIZATION WITH WHOM THE NAMED INSURED HAS ENTERED INTO A WRITTEN C.,,a - WHI • RES Y• U TO F NISH THIS WAIVER" ufred to • . ,• this Schedule if not shown above will be shown In Decimrations. Informatlon The Transfer Of RIghte Of Recovery Against Others To Us CondMon under Section IV — 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 melte for "bodily Injur or "property damage' arising out of your ongoing operations or 'your work" done under a contract with that person or organization and eluded in the ucts`compieted opera. tions hazard". This waiver applies only to the person or organization shown In the ule above. "PER CERTIFICATES ON FLE WITH THE COMPANY CU 32 63 06 04 C ISO Properties, Inc., 2003 Pae 1 of 1 D WORKERS COMPENSATION AND EMPLOYERS UAWLITY INSURANCE POLICY WC420304A (Ed. 1-00} TEXAS WAIVER OF 01.18 RICKT 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 will not We have the right to recover our payments fromanyone named In the Schedule,jury covered ut this weiverp applies only with enforoe our tight against tie person or organizationrt 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 ororganization (X)Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premiumte on payroll In The premium charge for this endorsement shall be oon0 percent org$nizat onta} arising out o dna operations connection with work performed for the above pers�ts described. 4. Advance Premium This endorsement changes the policy to whish it is attached and is effective on the date issuedunless � policy.) (The Information below is required only when this endorsement Is issued subsequent to preparation WC2026810 Endorsement t�.o Endorsement Effective 01/31/2011 P�1/ No. 0 nsurid Stewart Builders, Inc. dba Keystone Concrete Placement C3►,.} � insurance Company countersigned by 4 "?..." Amerisure Mutual Ins Co ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. City Council Agenda Summar Sheet Agenda Item No. 10C1. Agenda Caption: Consider a resolution authorizing the Mayor to execute "Standard Form of Agreement between Owner and Contractor" with Stewart Builders, Inc. for the City Hall Remodel Project. Meeting Date: June 23, 2011 Department: Infrastructure Development and Construction Management Staff Person making presentation: Michael Thane, Director of Infrastructure Management Larry Madsen, Construction Liaison Manager Item Summary: This agreement provides for construction services for the remodel and finish out of the three story building located at 221 E. Main Street which includes remodel and finish out of a portion of two story building located at 231 E. Main Street, Round Rock, Texas. Construction will consist of demolition, new roofing, new electrical, new plumbing, new air conditioning and finish out as per plans by KA Hickman Architects. Stewart Builders, Inc. was selected as the number one proposer by the review committee consisting of Keith Hickman, Lacey Lewis of KA Hickman Architects, Larry Madsen, Cheryl Delaney, David Buzzell, and Pete Dominguez from the City. Strategic Plan Relevance: Build and maintain the facilities needed to make the City attractive to businesses. Cost: $2,556,000.00 Source of Funds: GO Bonds & General Self Finance Date of Public Hearing (if required): N/A Recommended Action: Approval EXECUTED DOCUMENTS FOLLOW Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AIA Document Al 01 -1997 1997 Edition -Electronic Format THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. AIA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. AGREEMENT made as of the4Welkili1 vvt► vri day of 5414jta in the year 20i . (In words, indicate day, month and year) BETWEEN the Owner: (Name, address, other information) and the Contractor (Name, address, other information) The Project is: The Architect is: (Name, address, other information) Owner and Contractor agree as follows: 00150720/jkg -2'3-- 0 .1 City of Round Rock, Texas 221 East Main Street Round Rock, Texas 78664 Stewart Builders Inc. 35 CR 150 Georgetown, Texas 78626 Remodel and finish out of Three Story Building located at 221 E. Main Street which includes remodel and finish out of a portion of Two Story Building located at 231 E. Main Street, Round Rock, Texas. Construction will consist of demolition, new roofing, new electrical, new plumbing, new air conditioning and finish out as per plans by KA Hickman Architects. KA Hickman Architects 1517 East Palm Valley Blvd. Round Rock, Texas 78664 ARTICLE I THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. ARTICLE 2 THE WORK OF THIS CONTRACT Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a Notice to Proceed issued by Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a Notice to Proceed.) Date of commencement shall be fixed in a Notice to Proceed issued by Owner. If, prior to the commencement of the Work, Owner requires time to file mortgages, mechanic's liens and other security interests, Owner's time requirement shall be as follows: Unless the date of commencement is established by a Notice to Proceed issued by Owner, Contractor shall notify Owner in writing not less than five (5) days before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. In no event shall Work be commenced if Owner does not issue written approval. 3.2 The Contract Time shall be measured from the date of commencement fixed by the Notice to Proceed. 3.3 Contractor shall achieve Substantial Completion of the entire Work no later than Three Hundred Fifteen (315) calendar days from issuance by Owner of Notice to Proceed. (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work) subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work) 3.4 If Contractor fails to achieve Substantial Completion of the Work (or any portion thereof) on or before the date(s) specified for Substantial Completion in the Agreement, Contractor shall pay to Owner, as liquidated damages, the Sum of Seven Hundred Fifty Dollars ($750.00) for each calendar day that Substantial Completion is delayed after the date(s) specified for Substantial Completion. It is hereby agreed that the liquidated damages to which Owner is entitled hereunder are a reasonable forecast of just compensation for the hann that would be caused by Contractor's failure to achieve Substantial Completion of the Work (or any portion thereof) on or before the date(s) specified for Substantial Completion in the Agreement. It is agreed that the harm that would be caused by such failure, which includes loss of expected use of the Project areas, provision of alternative storage facilities and rescheduling of moving and occupancy dates, is one that is incapable or very difficult of accurate estimation. It is hereby agreed that if Substantial Completion of the Work (or any portion thereof) is not achieved on or before thirty (30) days after the date(s) specified for Substantial Completion in the Agreement, the harm that would be caused to Owner cannot be reasonably forecast because it would include business disruption to Owner in addition to loss of expected use of the Project areas, provision of alternative storage facilities and rescheduling of moving and occupancy dates. Thus, the liquidated damages set forth herein and above will cease to be assessed under the Contract Documents after thirty (30) days after the date(s) specified for Substantial Completion in the Agreement, and Owner shall thereafter rely on its remedies under the Contract Documents and at law and in equity, including without limitation, the recovery of actual damages. The date(s) specified for Substantial Completion of the Work (or any portion thereof) in the Agreement shall be subject to adjustment as provided in the Contract Documents. ARTICLE 4 CONTRACT SUM 4.1 Owner shall pay Contractor the Contract Sum in current funds for Contractor's performance of the Contract. The Contract Sum shall be TWO MILLION FIVE HUNDRED FIFTY SIX DOLLARS ($2,556,000.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates which are described in the Contract Documents and are hereby accepted by Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) Not Applicable 4.3 Unit prices, if any, are as follows: Not applicable. ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to Architect and Owner by Contractor, and Certificates for Payment issued by Architect and not disputed by Owner and/or Owner's lender, Owner shall make progress payments on account of the Contract Sum to Contractor as provided below and elsewhere in the Contract Documents. 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: 5.1.3 Provided that an Application for Payment is received by Architect and Owner, and Architect issues a Certificate of Payment not later than the tenth (10th) day of a month, Owner shall make payment to Contractor not later than the tenth (10th) day of the next month. If an Application for Payment is received by Architect and Owner after the application date fixed above, payment shall be made by Owner not later than one month days after the Architect issues a Certificate for Payment. 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as Architect and Owner may require. This schedule, unless objected to by Architect or Owner, shall be used as a basis for reviewing Contractor's Applications for Payment. 5.1.5 Applications for Payment shall indicate warrant the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of five percent (5%). Pending final determination of cost to Owner of changes in the Work, amounts not in dispute shall may be included as provided in Subparagraph 7.3.8 of AIA Document A201-1997 even though the contract Sum has not yet been adjusted by Change Order; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction ( Wig), less retainage of five (5) percent. .3 Subtract the aggregate of previous payments made by Owner; and 4 Subtract amounts, if any, for which Architect or Owner has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of AIA Document A201-1997. 5.1.7 The progress payment amount determined in accordance with Subparagraph 5.1.6 shall be further modified under the following circumstances: 5.1.8 .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the -full -amount ninety-five percent (95%) of the Contract Sum, less such amounts as Architect shall determine for incomplete Work, retainage applicable to such Work and unsettled claims; and (Subparagraph 9.8.5 of AIA Document A201-1997 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of AIA Document A201-1997. (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Clauses 5.1.61 and 5.1.6 2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation) 5.1.9 Except with Owner's prior written approval, Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5.2 FINAL PAYMENT 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by Owner to Contractor when: .1 Contractor has fully performed the Contract except for Contractor's responsibility to correct Work as provided in Subparagraph 12.2.2 of AIA Document A201-1997, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by Architect. 5.2.2 Owner's final payment to Contractor shall be made no later than 30 days after the issuance of Architect's final Certificate for Payment, : In no event shall final payment be required to be made prior to thirty (30) days after all Work on the Contract has been fully performed. Defects in the Work discovered prior to final payment shall be treated as non -conforming Work and shall be corrected by Contractor prior to fmal payment and not treated as warranty items. ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by Owner or Contractor as provided in Article 14 of AIA Document A201-1997. 6.2 The Work may be suspended by Owner as provided in Article 14 of AIA Document A201-1997. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of AIA Document A201-1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 (Insert rate of interest agreed upon, if any.) Undisputed final payment due and unpaid under the Contract Documents shall bear interest from the sixty-first (61st) day after the date such undisputed fmal payment is due at the legal rate prevailing from time to time at the place where the Project is located. (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 7.3 Owner's representative is: (Name, address, other information) 7.4 Contractor's representative is: Larry Madsen Construction Manager 2008 Enterprise Round Rock, Texas 78664 John Miles, Project Manager Stewart Builders, Inc. 35 CR 150 Georgetown, Texas 78626 7.5 Neither Owner's nor Contractor's representative shall be changed without ten (10) days' written notice to the other party. ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement as set forth in Article 7 of AIA Document A201-1997 (General Conditions), are enumerated as follows: 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement between Owner and Contractor, AIA Document A 10 1-1997, as modified herein. 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AIA Document A201-1997, as modified therein. 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated April 15, 2011 Document Title Pages 8.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 8.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement) Section Title Pages 8.1.5 The Drawings are as follows, and are dated unless a different date is shown below: Drawings issued on April 15, 2011 from KA Hickman Architects. (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date 8.1.6 The Addenda, if any, are as follows: Number Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. 8.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201-1997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents) This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered to Contractor, one to Architect for use in the administration of the Contract, and the remainder to Owner. OWNER CITY OF ROUND ROCK, TEXAS Alan McGraw, Mayor Date Signed: ATTEST: ?WA' OA( C.23.14 Sara White, City Secretary FOR T , APPROVED AS TO FORM: 4,4 401716i t Stephan Sheets, City Attorney CONTRACTOR STEWART BUILDERS INC. Brad Stewart, Vic Presidp nt Date Signed: -diva ac to t 03 37 0 QH O a w i W Total Points .4. a, a co aD 8 0 N r -P.O a O r N r Experience, Qualifications and Reputation wi Comparable Projects S0% 37% ' co g o M I oco co � c et o 8 o N (Lowest Priced Proposal / Proposer's Price) X 45 = Price Score $ 2,556,000.00 $ 2,632,000.00 0 o ri N (Lowest Priced Proposal / Proposer's Price) X 45 = Price Score $ 2,556,000.00 $ 2,667,000.00 0 ci0 N to (Lowest Priced Proposal / Proposer's Price) X 45 = Price Score $ 2,556,000.00 $ 2,980,000.00 1 $ 2,558,000.00 (Lowest Priced Proposal / Proposer's Price) X 45 = Price Score $ 2,556,000.00 $ 2,556,000.00 1 1 i i clie 1 Z Fazzone Construction Inc. San Antonio, Texas m c$ W c Z4 z M.W. Morgan Construction, Inc. Austin, Texas Stewart Builders, Inc. Georgetown, Texas z E u YO V Larry Madsen THE STATE OF TEXAS COUNTY OF WILLIAMSON PERFORMANCE BOND Bond #105563041 § KNOW ALL BY THESE PRESENTS: That Stewart Builders, Inc. of the City of Georgetown , County of Williamson> and State of Texas as Principal, and TravelersCompany CasualtyofAmerica end Surety , authorized under the law of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS, (Owner), in the penal sum of "TWO MILLION FIVE HUNDRED FIFTY SIX THOUSAND AND 00/100* Dollars ($ 2,556,000.00 ) for the payment whereof, well and truly to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered int,,a certain written Agreement with the Owner dated the day of jw , 2011 to which the Agreement is hereby referred to and ma e a part hereof as fully and to the same extent as if copied at length herein consisting of: - „.. • . - .. _ _ 21__F Main Street which includes Remodel and Finish Out of a portion of Two Story t3uuaing locates at z:i1 t. Main street, Kouna KOCK, I exas. dame of the Project) NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Agreement and shall, in all respects, duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Agreement, agreed and covenanted by the Principal to be observed and performed, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials furnished by or workmanship of, the Principal in performing the Work covered by said Agreement and occurring within a period of twelve (12) months from the date of Final Completion and all other covenants and conditions, according to the true intent and meaning of said Agreement and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. Page 1 00610 7-2009 00090656 Performance Bond PERFORMANCE BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the term of the Agreement, or to the Work performed thereunder, or the Plans, Specifications, or drawings 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 additionto the terms of the Agreement, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of sem—. , 20 11 Stewart Builders, Inc. incipal Qor+ Printed Name B Title: Y i cae — p rez; d ate• Address: 35 CR 150 Georgetown, Texas 78626 Resident Agent of Sure `-L(/' Signa Jacqueline Kirk Printed Name 920 Memorial City Way, Suite 500 Street Address Houston, Texas 77024 City, State & Zip Code Page 2 00 610 7-2009 00090656 Travelers Casualty and Surety Company of America Surety Jacqueline Kirk Address: 4650 Westway Park Blvd. Houston, Texas 77041 Performance Bond THE STATE OF TEXAS COUNTY OF WILLIAMSON That Stewart Builders, Inc. PAYMENT BOND § Bond #105563041 KNOW ALL MEN BY THESE PRESENTS: , of the City of Georgetown , County of Williamson , and State of Texas as Principal, and company Casualty merca Surety authorized under the laws of the State of Texas to act as Surety on Bonds for Principals, are held and firmly bound unto THE CITY OF ROUND ROCK, (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of *TWO MILLION FIVE HUNDRED FIFTY SIX THOUSAND AND 00/100* Dollars ($ 2,556,000.00 ) for the payment whereof, well and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered certain written Agreement with the Owner, dated the Tifrit day of .J t4 i , 2011 , to which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: Remodel and Finish Out of Three Story Building located at 221 E. Main Street which includes Remodel and Finish Out of a portion of i wo Story Bunging located at z3i E. main Street, (Name of the Project) Round Rock, Texas. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of the improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. Page 2 00620 7-2009 00090656 Payment Bond PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, or to the Work performed thereunder, or the plans, specifications or drawings accompanying the same shall in anywise affect it's 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. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this (:"4"÷" day of , 2011 Stewart Builders, Inc. Travelers Casualty and Surety Company of America _Principal 'sjr-qth c c r- Printed Name Address: 35 CR 150 Surety Jacqueline Kirk Printed Name By: C�' 0 afG'e Tit>ttorney iia. Fact Address: 4650 Westway Park Blvd. Georgetown, Texas 78626 Houston, Texas 77041 Resident Agent of Surety: gnatu Jacqueline Kirk Printed Name 920 Memorial City Way, Suite 500 Street Address Houston, Texas 77024 City, State & Zip Code Paget 00620 7-2009 00090656 Payment Bond TRAVELERS. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Attorney -In Fact No. 223321 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 004096605 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Larry H. Senkel, Pamela Prokop, Judy M. Dold, Mark H. Hilliard, and Jacqueline Kirk of the City of Houston , State of Texas , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. 24th IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of February 2011 State of Connecticut City of Hartford ss. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company By: Thompson, i ice President On this the 24th day of February 2011 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. 58440-4-09 Printed in U.S.A. \crottiAlt C . . Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Travelersi ORTA_NTNOTICE TO OMAN INFORMATION OR kfit. A LA1NT & SreColireEny of Azicrica, TraTrkr=; CEstmly ladcznn . i Comp y, Still Fir; InsarEme y - for 011 Or to wake a co€ 1pirit t You wiry conte Tt{ Com= Et Surcry Company, FitMing031arrialty rpm. TrEIt Bond Claims 1500 MEbtket S€ WcstTovecr, Suitt 2900 mil- hi PA 19102 T1675-3130 (2.67) 675-3102 Fax Ymi MAY cot thc !cis Dc r!mcl of Irt e to Obtain tnz irformatiae on ;mks, u,vc gcrighN DT CIMp1 nt E Tc2as D &f fns c P.O. Box 149104 A u t TX n714-9104 PIPJ,} 2523439 ATTACH TEUS NOTICE ID YOUR BOND. . 114s notice is for information. Duly Fad sbos not be✓omc E parror a condition ofsl-bcd dog.mrd and is gvcn to coply with Sm -tion. 3-021, Goy6minent Code, and Section 53.202_ Property Ciiics.ef Scpt.—mob 11Z00l. IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLA N T: YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE TO OBTAIN. INFORMATION ON COMPANIES, COVERAGES, RIGHTS OR COMPLAINTS TS AT: 1-800-252-3439 YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE: P. O. BOX 149104 AUSTIN, TEXAS 78714-9104 FAX #(512) 475-1771 PREMIUM OR CLAIM DISPUTES: SHOULD YOU HAVE A DISPUTE CONCERNING YOTJR PREMIUM OR AB O"0'1' A CLAIIVI, YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST. IF THE DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTATENT OF INSURANCE. ATTACH THIS NOTICE TO YOUR POLICY THIS NOTICE IS FOR MTFORMATION ONLY AND DOES NOT BECOME A PART OR CONDITION OF THE ATTACHED DOCUMENT. ACORO• CERTIFICATE OF LIABILITY INSURANCE 16....---6/6/2011 DATE (MM/DD/YYYY) 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 Brady, Chapman, Holland & Associates 10055 West Gulf Bank Houston TX 77040 CONTACT NAME: �CNE No, Ext):713-688-1500 FAX (A/C, E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERAerisure Insurance Company 19488 INSURED Stewart Builders, Inc. dba Keystone Concrete Placement 35 CR 150 Georgetown TX 78626 INSURERB:Amerlsure Mutual Ins Co 23396 INSURERc:Travelers Lloyds (Travelers) 41262 INSURERD:Amerisure Partners Insurance Compan 11050 INSURERS: DRMMGE TO RENTED PREMISES (Ea occurrence) INSURER F : COVERAGES CERTIFICATE NUMBER: 136523520 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES INDICATED. NOTIMTHSTANDING ANY REQUIREMENT, CERTIFICATE MAY BE ISSUED OR MAY EXCLUSIONS AND CONDITIONS OF SUCH OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF IMM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS D GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY Y Y CPP2026809 1/31/2011 1/31/2012 EACH OCCURRENCE $1,000,000 DRMMGE TO RENTED PREMISES (Ea occurrence) $300,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $10, 000 X Contractual PERSONAL & ADV INJURY $1,000,000 X *PNC GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE POLICY X LIMIT APPLIES PRO- JECT X PER: LOC PRODUCTS - COMP/OP AGG $2,000,000 $ A AUTOMOBILE X X X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X X SCHEDULED AUTOS NON -OWNED AUTOS Y Y CA2026808 1/31/2011 1/31/2012 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE Y Y CU2034842 1/31/2011 1/31/2012 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 DED X RETENTION $ 0 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N / A y WC2026810 1/31/2011 1/31/2012 XWC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 C Equipment BuildersRisk/Installation QT6605677C893 1/31/2011 1/31/2012 Any One Item $1,500,000 Leased/Rented Equipment Any One Proj $2,556,000 DESCRIPTION OF OPERATIONS/LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) *Primary and non-contributory. The Project is: Remodel and finish out of Three Story Building located at 221 E. Main Street/City Hall Remodel CERTIFICATE HOLDER CANCELLATION City of Round Rock, Texas 221 East Main Street Round Rock TX 78664 1 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 (2010105) © 1988-201 D CORP"- ' TION. All rights reserved. OAC The ACORD name and logo are registered marks of ACORD POLICY NUMBER CPP 2028809 COMMERCIAL GENERAL LIABILITY CO02Ds0196 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 LIABIUTY 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 mall prior written notice of cancellation or material change to: 1. Name: 2. 3. Number of days advance notice: 3 0 SCHEDULE BLANKET -ANY PERSON OR ORGANIZATION WITH WHOM THE NAMED INSURED HAS ENTERED INTO A WRITTEN CONTRACT WHICH REQUIRES THAT PERSON OR ORGANIZATION BE GIVEN NOTICE OF CANCELLATION. (CERTIFICATES TO BE FILED WITH THE COMPANY) (0 no entry appears above, information required to complete this endorsement will be shown in the Declarations as appticabie to this endorsements.) *EXCEPT IN THE EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM WHERE 10 DAYS NOTICE SHALL BE GIVEN. CG 02050196 Copyright, Insurance Services Office, Inc.. 1994 Page 1 of 1 0 POLICY NUMBER: CA 2026808 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. Endorsement Effective: 01/30/2011 Countersigned 8y: 4. Representative) WrIV Named Insured:STSMART BUILDERS, INC. SCHEDULE Number of Days' Notice 30 Name 01 Person Or Organization an PERSON OR ORGANIZATION WITH WHOM THE NAMED INSURED HAS ENTERED INTO A WRITTEN CONTRACT REQUIRING WRITTEN NOTICE OF CANCELLATIONt PER CERTIFICATES ON FILE WITH COMPANY. EXCEPT 10 DAYS NOTICE SHALL HE GIVEN FOR NON-PAYMENT Address 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 02440604 © ISO Properties, Inc., 2003 Page 1 oil • 0 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 08 01 (Ed. 7.84) 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 mall 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: 3 0 •EXCEPT IN THE EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM FOR WHICH 10 DAYS SHALL BE GIVEN. 2. Notice will be malted to: BLANKET -ANY PERSON OR ORGANIZATION WHICH REQUIRES BY CONTRACT TO BE GIVEN NOTICE OF CANCELLATION. This endorsement changes the policy to which it 1s attached end Is effective .on the date issued unless otherwise stated. Me information below Is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 01/31/2011 Polley No, WC2 0 2 6 5,10 indorsement No insured Premium i Stewart Builders, Inc. dba Keystone Concrete Place n insurance C ny Countersigned by _ _ Od tt- Amerisure Mutual Insurance Company WC 42 06 01 l�rl 7.514) Not ham i Swim Ureter 14-40111 POLICY NUMBER: CU 2034842 COMMERCIAL UABILITY UMBRELLA CU 0202 0503 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 LIABILITY UMBRELLA COVERAGE PART in the event of cancellation or material change that reduces or restricts the Insurance afforded by this Coverage Part. we agree to mall prior written notice of cancellation or material change to: SCHEDULE 1. Name: ANY PERSON QR ORGANIZATION WITH WHOM THE NAMED INSURED HAS ENTERED INTO A WRITTEN CONTRACT WHICH REQUIRES WRITTEN NOTICE OF CANCELLATION. 2, Address: PER CERTIFICATES ON FILE 3. Number Of Days Advance Notice: • 30 (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) 'EXCEPT'IN THE EVENT OF CANCELLATION FOR ION -PAYMENT FOR WHICH 10 GAYS NOTICE SHALL BE GIVEN. CU 02 02 05 03 0180 Properties. Inc.. 2002 Page i of 1 0 Named Insured: Stewart Builders, Inc. dba Keystone Concrete Placement Policy Number CPP2026809 Policy Term : 01/31/2011 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the fotlowing: COMMERCIAL GENERAL LIABILITY COVERAGE FORM All of the terms, provisions, exclusions, and limitations of the coverage form apply except as specifically stated below. SECTION II • WHO IS AN INSURED is amended to include as an insured any person or organization, called an additional insured to this endorsement: .1. Whom you are required to add as an additional insured on this policy under a written contract or agreement relating to your business; or 2. The wrltten contract or agreement must require additional Insured status for a time period during the term of this policy and be executed prior to the 'bodily Injury', "property damage". "personal Injury", or "advertising Injury' giving else to a dalm under this policy. If, however, Myour work" was commenced under a letter of intent or work order, subject to a subsequent reduction to writing within 30 days from such commencement and with customers whose customary contracts require they be named as additional Insureds, we will provide additional hawed status as specilled in this endorsement. 3. If the additional insured Is: (a) An indivvidual. their spouse is also an additional insured. (b) A partnership or joint venture, members, partners, and their spouses am also additional insureds. (0) A limited laity company, members and managers are also additional Insureds, (d) An organization other then a parinerstlp, joint venture or limited lability company, executive officers and directors of the organization are also addllonal Insureds. Stockholders are also additional insureds, but only with respect to their liability as stockholders. (e) A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees, The Insurance provided to the additional insured Is limited as follows: 1. That person or orgarrlxailon is only an additional insured with respect to Iiebilty arising out of: (a) Premises you own, rent, lease, or occupy, or (b) Your ongoing operations performed for that additional insured, unless the written contract or agreement requires "your wit' coverage (or wording to the same effect) In which case the coverage pravMicd ehal extend to "your work" for that additional insured. Premises, as respects this provision, shall include common or public areas about such premises if so required in the written contract or agreement. Ongoing operations, as respects this provision, does not apply to "bodily injury' or "property damage" occurring atter. (1) Alt work Including materials, parts or equipment furnished in connection with such work on the project (other then service► maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed or Includes copyrighted material of Insurance Services Office, Ina, with Its permission. Copyright Insursnoe Services Office, Inc., 2002 CO70350304 Page 1 of 2 (2) That portion of `your work' out of which the injury or d$mape arises hes been put to Its Intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a prktclpal as a part of the same project, 2. The MIK. of Insurance applicable to the additions( insured are the least of those spedfled M the written contract or agreement or in the Declarations for Ode policy. If you also carry an Umbrella policy, and the written contract or agreement regtlras that lire additional insured status ateo apply to suoh Umbrella policy, the limits of Insurance applicable to the additional Insured under this policy shell be those spedtisd in the Declarations of this policy. The limits of insurance applloebte to the additional insured are inductive of and not in adtltion to the limits of Insurance steer in the Declarations. 3. The additional Insured status provided by this endorsement does not extend beyond the expiration or termination of a promises lease or rental agreement nor beyond the term of this policy. 4. My person or organization who Is an insured under the terms of this endorsement and who Is also an insured under the terns of the GENERAL LIABILITY EXTENSION ENDORSEMENT, If attached to this policy, sinal have the benefit of the terms of this endorsement If the terms of this endorsement are broader. 3. If a written contract or agreement u outlined above requires that additional Insured status be provided by the use of CG 20 10 11 85, then the tonne of That endorsement, witch are shown below, ars Incorporated into this endorsement as respects such additional insured, to the extent that such terms do not restrict coverage othervr4se provided by this endorsement ADDITIONAL INSURED • OWNERS, LESSEES OR CONTRACTORS (FORM 6) This endorsement moditiee Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of person or Organlzatlom Blanket Where Required by Written Contract or Agreement that the teens of 00 20 10 11 85 apply. (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 tl) ie amended lo include as an insured the person or orgerizetion shown in the Schedule, edule, but only with respect to lability arising out of "your work" for that insured by or for you. Copyright, insurance Services Office, Inc., 1984 C0 20 '101186 The insurance provided to the additional Insured does not apply to "bodily Nur?. "property damageu, "personal injure", or'advertising injury" arising out of en architect's, englneet's, or surveyor's rendering of or failure to render any profeesionaf services Including but not limited to: 1. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, design specifications; and 2. Supervteory, Inspection. or engtneedng services. Any coverage provided in this endorsement is excess over any other veld and collectible insurance available to the add tel meured atelier primary, excess, contingent, or on any other basis unless the written contract or agreement req.*** that this insurance be pdrnary, in whish coos this insurance sill be primary without contribution from such other Insurance available to the additional Insured. Includes copyrighted material of insurance Services Office, Inc., with Its permission. Copyright insurance Services Office, Inc. 2002 0070.6 03 04 Page 2 of 2 Named Insured: Stewart Builders, Inc. dba Keystone Concrete Placement Policy Number CPP2026809 Policy Term: 01/31/2011 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CONTRACTOR'S GENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL UABLITY COVERAGE FORM Throughout this endorsement the words "you" and "you" refer to the Named insured sham in the Declarations. The words "we," sue and our refer to the Company providing Us Insurance. The word Insured" means any person or organization quaHl Ing as such under Provision B. WHO IS AN INSURED of this endorsement Under SECTION 1- COVERAGE A., ITEM 2. EXCLUSIONS, provisions 1. through 7. of tints endorsement amend the poNcy ae.follows: 1. LIQUOR LIABILITY Exclusion c. is deleted. 2. POLLUTION - HEATING AND AIR CONDITIONING EQUIPMENT The pollution exclusion within or attached to this Coverege Fort shall not apply to: "Bodily injury" If sustained within a building which is or was at any time owned or occupied by or rented or leased to any ineued and caused by smoke, fumes, vapor or soot from equipment used to heat or cool the bulkiing. 3. NONOWNED WATERCRAFT Exclusion g., subparagraph (2)18 deleted and replaced with the following: (2) A watercraft you do not own that Is: (a) Leta than 51 feet long; and (b) Not being used to carry pereons or property for a charge. 4. PREMISES ALIENATED A. Exclusion j. subpe rapraph (2) is deleted. B. The following paragraph Is deleted front Exclusion j.; Paragraph (2) of this exclusion does not apply Nth* premises are your work" and were never ovcupled, rented or held for rental by you. 5. PROPERTY DAMAGE UABIUTY • ELEVATORS AND SIDETRACK AGREEMENTS A. Exciuslon j. paragraphs (3), (4), and (6) do not apply to the use of elevators. 8. Exclusion k. does.not apply to: 1. The use Of elevators; or 2. Liability assumed under a sidelraok agreement, 6, PROPERTY DAMAGE LIABILITY - BORROWED EQUIPMENT A. Excl uaIon j., ftem (4) doss not apply to "property damage" to borrowed equipment while at a jobeite end not being used to perform operations. B. With respect to any one borrowed equipment Nam, Paragraph A. above does not apply to 'property damage" which exceeds $28,000 per occurrence and annual aggregate. Includes copyrighted material of Insuranoe 8ervioes OAlce, Inc.. wIh Its permission. Copyright Insurance Broyles: Office, Ina, 2004 CO TO 8310 05 Page 1 of 9 7. PRODUCT RECALL EXPENSE A. Exclusion n. Recall of Products, Work or Impakrd Property does not apply to *product recd expenses" that you incur for the "covered recall" of your product`. This exception to the exclusion does not apply b "product moan expenses" resulting from: 1. Failure of any products to a000rnpiish their intended purpose; 2. Breach of warranties of fitness. qualIy, durability or performance; 3. Loss of customer approval or any cost Incurred to regah customer approval; 4. Redistribution or replacement of 'your product". which has been recalled, by like products or substitutes; 5. Caprice or whim of the Insured; Id. A condition likely to cause toss, about which any insured knew or had reason to know at the inception of this insurance; 7. Asbestos, including loss, damage or clean up resulting from asbestos or asbestos containing materials; N. Recall of "your product(sr that have no known or suspected defect solely because a known or suspected defect In another of "your product(sr has been found. B. Under SECTION 111- LINTS OF INSURANCE, paragraph 3. Is replaced in its entirety as follows and paragraph S. Is added: 3. The Products -Completed Operations Aggregate Limit is the nnoet we WI pay for the sum of: a. Damages under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY because of'bodily injury' and `property damage" included in the 'products -completed operations hazard and . b. "Product recall expenses'. I. Subject to paragraph 5. atove,125,000 is lite most we will pay for all "product recall expenses' arising out of the earns defect or deficiency. The insurance afforded by reason of provisions 1. trough 7. of this endorsement 1s excess over any valid and collectible insurance (including any deducible) available to the insured whether prk nary, exoass or contingent, and SECTION IV. OTHER INSURANCE, CONDITION 4. is changed accordingly. II. CONTRACTUAL LIABILITY - PERSONAL AND ADVERTISING INJURY Under SECTION 1- COVERAGE B., ITEM 2 - Exclusions, paragraph e. Contractual Lhdsiitty is deleted. 9. SUPPLEMENTARY PAYMENTS Under SECTION 1- SUPPLEMENTARY PAYMENTS - COVERAGES A AND B, Items 1.b. and d. are deleted and replaced with the following: 1. b. Up to 52,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury LiebNlty Coverage applies. We do not have to furnish these bands. 10. BROADENED WHO IS AN INSURER SECTION N - WHO 18 AN INSURED is deleted and repiaoed writh the following: 1. It you are designated In the Declarations as: a. M Individual, you and your spouse ere insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or Joint venture, you are an insured Your members, your partners, and their spouses are also Insureds, but only with respect to the conduct of your business. Pepe 2 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance 8ervioes Offloe, Inc., 2004 CO70OS1000 c. A limited liability company, you are an Insured. Your members are also insureds, but only with reaped to the conduct of your business. Your managers ere insureds, but only with respect to their Julies as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an Insured. Your "executive officers" and *actors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also Insureds, but only with respect to their liability as stockha ldera. 2. Each of the meowing 18 also an Insured: e. Your "employees," other than either your "executive officers," (If you ere an organization other then e partnership, Joint venture or lrn1ed I lNly company) or your managers (( you are a United lability company), but only for ads within the scope of their employment by you **while perfontiing duties related to the coact of your businees. However, none of these "employees° is an insured for: (1) °Bodily in�ary" or "personal injury': (a) To you, to your partners or rr tubers (d you are a partnership or joint venture). to your members (if you ere a limited lablity company), or to a co -"employee" while that co. "employee" le either In the oo ase of his or her employment or performing duties related to the oonduot of your business; (b) To the spouse, child, parent, brother or sister of that ca"employee" ase conaectuenoe of paragraph (1)(a) above; (c) For which there le any obligation to share damages with or repay someone else who must pay damages because of the injury described In paragraphs (1 j(e) or (b) above; or (d) Arising out of hie or her providing or falling to provide professional health care services except as provided In Provision 11. of this endorsement. (2) Property damage° to property: (a) Owned, occupied or used by; (b) Ranted to, in the care, custody or control of, or over which physicat control is being exerded for any pub by you, any of your "employees," any partner or member (If you ere a partnership or joint venture), or any member (if you ere a limited lieblity company). b. Any person (other then your "employee'), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property 11 you die, but only, (1) With respell to pity arising out of the makrtenence or use of that property; end (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only wllh respect to duties as such. That representative will have all your rights and duties under this Coverage Form. v. Your subsidiaries If: (1) They are legally incorporated entities; and (2) You own more than 50% of the voting stock in such subsidiaries as of the effective date of this polioy. If such subsidiaries am not shown in the Declaratlone, you must report them to us within 180 days of the inception of your original policy. Includes copyrighted material of Moreno Services OMoe, Inc., %Oh its permission. Copyright Insurance Services Office, Inc., 2004 CO 70 0810 04 Page 3 of 9 f. Any person or organization other limn an architect, engineer, or surveyor, whlh requires in a "work contract" that such person or organization be made an Insured under this poky. However, such person or organization shall be an Insured only with Wadi° covered "bodily injury," "pro damage, "personal injury" and "advertising injury" that results from "your work" under that "work conir.act. The coverage afforded to such people or organization will continue only fora period of thirty (30) days after the effective date of the applicable "work oontracr or, until the end of the policy term, whichever is earlier. However, 8 you report to us within the 30 -day period stated above the name of the person or organization, as well as the naive of the "work contract' inriolved, the coverage afforded under this Coverage Fomn to such people or organization shell caXinue until the expiration of this policy, This paragraph f. does not apply g form CO 70 85, Texas Contractors Blanket Additional Insured Endorsement, Is attached to the policy. Any person or organization to whom you ere obligated by virtue of a written contract to provide insurance such as is afforded by this policy, but only with respect to liability arising out of the maintenance or use of that part of any premises leethed to you, including common or public areas about such premises if so required in the contract. However, no such person or organization is an insured with respect to: (1) Any "occurrence" that takes place after you cease to occupy those premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of euoh person or organization. h. Any state or political subdivision but only es respects legal liability incurred by the state or political subdtulslon solely because k has Issued *permit with respect to operations performed by you or on your behalf. • However, no state or political subdivision Is an insured with respect to: (1) "Body injury'", "property damage", "personal injury" or "advertising Injury' arising out of operratione performed for the stale or municipality; or (2) "Bodity Injury" or 'property damage" Included within the "products-oompleted operations hazard." I. My person or organization who Is the ieseor of equipment leased to you, to whom you are obligated by virtue of a wdtten contact to provide insurance such as is afforded by this policy but only with respect to their mobility arising out of the maintenance, operation or use by you of such equipment. However, no such person or organization le en Insured with respect to: (1) Any "occurrence" which takes place alter the equipment lease expires; or (2) "Bodily injuy or "property damage" arising out of the sole negilgenoe of that person or organization. j. Any architect, engineer, or surveyor engaged by you but only with respect to Iiebil yy arising out of your premises or "your work." However, no architect, engineer, or surveyor is an insured with respect to "body injury," "property dame," "personal Injury," or "adverdekrg injury" arising out of the rendering of or the failure b render any professional services by or for you, including: (1) The preparing, approving, or failing to prepare or approve maps, drawhgs, opinions, reports, surveys, change orders, designs or specification; or (2) Supervisory, Inspection, or engineering services. This paregreph j. does not apply if form CO 70 85, Texas Contractors Blanket Additional Insured Endorsement, Is attached to the policy. g. Page 4 019 includes copyrighted material of insurance Services Moe, Inc., with Its permission. Copyright Insurance Services Office, Inc., 2004 CO70831005 k. Any manager, owner, lessor, mortgagee, aselanee or receiver of premises, including land leased to you, but only with respect to liability arising out of the ownership, msintenanoe or use of that part of the premises or land leased to you. However, no such person or organization is an insured with reepect to: (1) Any "occurrence" that takes place atter you cease to occupy that premises, or cease to lease the lend; or (2) Structural alteration, new construdion or demolition operations performed by or on behalf of that person or organization. 3. Any organization you newly acquire or tomb, other than a partnership, joint venture or limited liability company and over which you malntab ownership or majority Interest, will qualify as a Named insured if there is no other sinker !neurone available to that organization. However. a. Coverage under this provision is afforded only until the end of the poky period; b. Coverage A does not apply to "bodily injuy or "property damage" that occurred before you acquired or formed the organization; c. Coverage B. does not apply to 'personal injury" or "advertising Injury" arising out of an offense committed before you acquired or formed the organization. d. Coverage A. does not apply to "product recall expense" arising out of any withdrawal or reccadi that occurred before you acquired or farmed the organization. 4. Any person or organization with whom you Agreed, because of e written contract or agreement to provide insurance, but only with respect lo "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. However, no such person or organization Is an insured with respect to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability In a contractor agreement. This exclusion does not apply to liability for darnsges that the vendor would have in the absence of the contract or agreement. b. Any express warranty unauthorized by you; c. Any physical or dwmkcal change In the product made intentionally by the vendor, d. . Repackaging, unless unpacked solely ler the purpose of inspection, demonstration, testing, or the substitution of parts under instruction from the manufacturer, and then repackaged in the original container e. Demonstration, Instslrtlon, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sate of the product 1. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. This ineuranoe does not apply to any Insured paean or organization, from whom you have acquired such products, or any ingredient, part of container, entering into, accompanying or containing such products. No person or organization Is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. 11. INCIDENTAL MALPRACTICE LIABILITY A. As respects provision 10., SECTION 11— WHO 15 AN INSURED. paragraph 2.a.(1j(d) does not apply to any nurse, emergency medical technician or pernmecic employed by you to provide mescal or paramedical services. B. This provision 11. does not apply: Includes copyrighted material of insurance Services Office, Inc., with its permission. Copyright Insurance Services OfIce, Inc., 2004 CG7©631008 Page 5 of 9 1. It you are engaged in the business or occupation of providing any services referred to in A. above. 2. If the employes has any other Insurance that would also cover claims arising under this provision, whether the other Insurance is primary, excess, contingent or on any other basis. Under SECTION ID - UMIT8 OF INSURANCE, provisions 12. and 13. of this endorsement amend the policy as foNowe: 12 AGGREGATE LIMITS PER PROJECT The General Aggregate UmIt applies separately to each of your construction projects away from premises owned by or ranted to you. 13. INCREASED MEAL PAYMENTS UMITB AND REPORTING PERIOD A. The requirement in the kwuring Agreement under COVERAGE C. MEDICAL PAYMENTS that expenses be incurred and reported to us within one year of the date of the accident Is changed to three years. B. Paragraph 7., the Medical Expense Limit 1s subject to all the terms of LIMITS OF INSURANCE (Section III) and is the higher of 1. $10,000; or 2. The amount shown In the Declarations for Medical Expense Limit. C. This provision 13. does not apply Ii Coverage C. MEDICAL PAYMENTS is excluded either by the . provisions of the Coverage Form or by endorsement 14. LEGAL LIABIUTY (SPECIFIC PERILS) A. The word fire Is changed to "specific perils" where It appears in: 1. The Limlis of insurance section of the Declarations; 2. The last paragraph of (Section I), COVERAGE A.Z. Exclusions 3. SECTION IV. ITEM 4.b. of the Other hrsuranoe condition; E. The limit of insurance shown In the Declarations will apply to ati damage proximately caused by the same event. whether euoh damage results from a "apedtla petit" or any combination of "apectIe perils.' C. The Fire Damage Uncut in ITEM 6., LIMITS OF INSURANCE (Section III), Is replaced by new "Spedfic Peril" Limit, which is the higher of (1) $300,000; or (2) The amount shown in the Declarations for Fire Damage Limit. D. This provision 14. does not apply lithe FIra Damage Legal Liability of COVERAGE A (Section I) is excluded either by the provisions of the Coverage Form or by endorsement. Under SECTION iV - COMMERCIAL GENERAL UABE.ITY CONDmON8, provisions 15. through 17. dads endorsement amend the policy es knows: 15. KNOWLEDGE OF OCCURRENCE ITEM 2. - Duties to The Event Of Occurrence, Offense, Ctsim, Or 8uk - item a. Is deleted and replaced end Item a and f. are added as follows: a. You must see to It that we are notated as soon as practicable of en 'occurrence" or an offense, regardless of the amount, which may result in a claim Knowledge of an "occurrence' or an offense by your "employee(s)' shall not, in Itself, constitute knowledge to you unless one of your partners. mercers, 'eocevuttve olfic.ts,' directors, or managers has knowledge of the "occurrence" or offense. To the extent possible, notice should include: (1) How, when and where the 'occurrence or offense took place; Page 6 ea Includes copyrighted material of In uurenoe Services Office, Inc., with its permission. Copyright insurance Servtoes OMce, Inc., 2004 C0706310si (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. . e. If you report an `occurrence" to your wonders compensation carder that develops into a liability claim for which coverage is provided by the Coverage Form, failure to report such en *occurrence" to us at the time of the "occurrence" shall not be deemed a violation of paragraphs a., b., and c. above. However, you shall give written notice of this "occurrence" to ua as noon you become aware that this "occurrence" may be a liability claim rather than a workers compensation dsim. f. You must see to It that the following are done In the event of an actual or anticipated "covered recap' that may result in `product recall expense': (1) Give ua prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. Include a description of "your product' and the reason for the withdrawal or recall; (2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until It has been determined that en such products are free from defects that could be a cause of loss under the insurance. 16. UNINT!NNTTONAL FAILURE TO DISCLOSE HAZARDS Item 6. - Representations is deleted and replaoed with the Mowing: 6. Represent ions By aooepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and a, We havilseued this policy in reilance upon your representations. We will not deny coverage under this coverage erage part S you unintentbnally fall to dhdose all hazards existing as of the Inception date of this policy. You must resort to us any knowledge of en error or omission In the description of any premises or operation. Intended to be covered by the Coverage Form as soon as practicable after Ka discovery. However, this provision does not affect our right to collect additional premium or exerdse our right of cancellation or nonrenewal. LANKET WAIVER OF SUBROGATION 8. • Transfer of Rights Of Recovery Against Others To Us - Is deleted and replaced with the following: If the insured hes rights to recover BM or part of arty payment we have made under this Coverage Form, those rights are trimsferred bus. The Insured must do nothing after toes to irrpr there. At our request, the insured will bring "suit' or transfer those rights to us and help ua enforce them. However, it the insured has wanted rights to recover ttmough a written contract, or t "your work" was commenced under a letter of Went or work order, subject to a subsequent reduction to vatting with customers whose customaty contracts require a waiver, we waive any right of recovery we may have under this Coverage Form. 18, EXTENDED NOTICE OF CANCELLATION AND NONRENEWAL Paragraph 2b. of A. Cancellation of the COMMON POLICY CONDITIONS Is deleted and replaced with the following: b. 80 days before the effective date of the cancellation if we cancel for any other reason. Under SECTION IV — COMMERCIAL GENERAL UABILiTY CONDITIONS, Paragraph 9. When We Do Not Renew Is deleted and replaced with the following: 9. When We Do Not Renew a. We may elect not to renew this policy except. that under the provisions of the Texas Insurance Code, we may not refuse to renew this policy solely because the policyholder is an elected offdat. 8. Includes cc pyrighted material of insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 2004 CG70631006 Page 7of9 b. If we elect not to renew this policy, we may do so by mailing or delivering to the first Named Insured, at the last rrrs ng address known to ue, written nodal of nonrenewai, stating the reason for nonrenewal, art least 00 days before the expiration date. If notice is mated or deNvered less then 60 days before the expiration date, this policy will remain In effect untl the 61st day afar the date on which the notice Is mailed or delivered. Esmed premium for any period of coverage that extends beyond the expiration date will be computed pro.reta based on the previous year's premium. c. If notice is mailed, proof of mailing w111 be sumdent proof of notice. d. The transfer of a poticyhoider between admitted commies within the same Insurance group le not considered a refusal to renew. 19. MOBILE E QUIPNENT REDEFINED Under SECTION V . DEFINITIONS, Item 12., "mobile equipment", the provisions of paragraph 1, (1)(e4j(b)(o) do not eppty to self-propelled vehicles of lees than 1,0000 pounds gross vehicle weight and they are not designed for use on a ttghwey. 20. LIMITED ELECTRONIC DATA LIABILITY A. The following paregreiph is added to SECTION 111- LIMITS OF INSURANCE: Subject to 0. above, the most we will pay under Coverer; A. for "property damage' because of all lose of "electronic data" arising out of any one "occurrence" Is $25,000. B. For the purposes of this Limited Electronic Data Liability coverage, the definition of "Property Damage" In SECTION V — DEFINITIONS is replaced by the following: 17. " Property damage' means: a. Physical injury to tangible property, Including all resulting loss of use of that property. AN such loss of use shall be deemed to occur at the time of the physical injury that caused It; b. Loss of use of tangible property that le not physically injured. All such loss of use shalt be deemed to occur at the tune of the 'oocu renoe" that doused 1t; or c. Loss of, lees of use of, damage to, corruption of, inability to access, or Inability t4 prty manipulate "electronic data", rest/tang from physical Injury to tangible property. AA such loss of "eiedhorde data" shell be deemed to occur at the tins of the'000urrenae" that caused It. For the purposes of this ?nsurance, "electronic data' is not tangible property. 21. DEFINITIONS SECTION V " DEFINITIONS is amended to add the folowing definitions: 1. The definbkm of "coverage territory' (Section V Item 4) Is replaced by the blowing: "Coverage territory" means anywhere In the world with respect to liability arising out of'boddy injury," offenses damage,' or -personal and advertisingloipdtat takeplaca through Se Internet o s injury," electronic "personal of communication rd the Insured's responsibility to pay damages is determined kh a settlement to which we agree or in a'sult" en the merits, in the United States of America (Including its territories and possessions), Puerto Rico and Canada. 2. "Covered recall" means a recall made necessary because you ora govemrnent body has determkrod that a known or suspected defect, dellotncy, Inadequacy, or dangerous condition in 'your product' hes resulted or wit result In "body Injury' or "property damage". 3. 'Electronic data" means information, tots or program stored as or on, created or used on, or transmitted to or from computer software (Including systems end applications software), hard or floppy disks, CD- ROMS, tapes, drives, cels, data processing device or any other media used with elech onlcollyr oontroNed equipment. Page lof9 Includes copyrighted material of Memos Services Office, Inc., with Its permission. Copyright insurancs Services Office, Inc., 2004 CG 79031005 4. "Product Recall expenses" mean only reasonable and necessary extra coats, which result from or are related to the recall or withdrawal of "your product' for: a. Telephone and telegraphic communication, ation, radio or television announcements, computer time and newspaper advertising; b. Stationery, envelopes, production of announcements and postage or facsimiles; c. Remuneration paid to regular employees for necessary overtime or atttnized travel expense; d. Temporary hiring by you or by agents designated by you of persons, other then your regular employees, to perform necessary tasks; e. Rental of necessary additional warehouse or storage spew; {, Packaghtg of or transportation or shipping of defective products to the location you designate; and g. Disposal of "your products" that cannot be reused. Disposal expenses do not include: (1) Expenses that exceed the original cost of the materiels Incurred to manufacture or process such product and (2) Expenses that exceed the Dost of normal trash discarding or disposal, except as are necessary to avoid "bodily miry" or "property damage". S. "Specific Perlis" means tire; lightning; explosion; windstorm or hall; smoke; aircraft or vehicles; rbt or civil commotion; vandalism; leakage from fire extingulshing equipment weight of snow, ice or steet; or "water damage." 8. "Water damage" means accidental discharge or leakage of water or steam as the direct result of the brsaidng or cracking of any part of a system or appliance containing water or steam. 7. "Work contras " means a written agreement between you and one or more parties for work to be performed by you or on your behalf. Includes copyrighted material of 'neurones Services Office, Ino., wkh its permission. Copyright Insurance Services Moe, Inc., 2004 CO 70 6S 10 06 Page 9 of a TE!a018 ADDITIONAL INSURED This endorsement modlflee insistence provided under the folluMng: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE PORIA TRUCKERS COVERAGE FORM This endorsement granges the poky effective on the Inception date of the policy unless another dale is indicated below: Endorsement Effective 01/31/2011 Pow Number OA 2028808 Named Insured Stewart Builders, Inc. dba Keystone Concrete Placement Co �l Qd t • 1 tAutnort�au tap The provisions and exclusions that apply to LIABILITY COVERAGE also apply to this endorsement. (Enter Name and Address of Additional Insured.) BLANKET ANY PERSON OR ORGANIZATION WITH WHOM THE NAMED INSURED HAS ENTERED INTO A WRITTEN CONTRACT WHICH REQUIRES YOU NAME THE PERSON OR ORGANIZATION AS AN INSURED ON YOUR POLICY. (CERTIFICATES TO BE FILED WITH COMPANY) . le an Insured, but only with respect to legal responsibility for ads or omissions of a person for whom Liability Coverage Is afforded under this polloj. The additional Insured is not required to pay for any prernkrms stated In the poky or eamed tom the policy. Any return premium and any dividend. If applicable, declared by us shall be paid to you. You are authorised to act for tie additional insured in all matters pertaining to tits insurance. We will mall the additional insured notice of any cancellation of this policy. If the cancellation le by ua, we will give tan days notice to the additional insured. The addltlonal Insured will retain any right of recovery as a dement under this policy. FORM TE 99 018 • ADDITIONAL ROMEO Tema Standard Automobile Endoraa rant Proscribed Marchi 11, '1912 Named Insured: Stewart Builders, Inc. dba Keystone Concrete Placement Policy Number. CA2026808 PoIcy Term: 01/31/2011 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS ADVANTAGE COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies Insurance provided under the BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. The premium for this endorsement is $ slop i o0 1. BROAD FORM INSURED SECTION 11 • LIABIUTY COVERAGE, A.1. Who Is An Insured Is amended by the addition of the following: d. Any organization you newly acquire or form, other than a partnership, joint venture or Kited liability company. and over which you maintain ownership or a majority interest, will qualify as a Named Insured. However. (1) Coverage under this provision is afforded only until the and of the policy period; (2) Coverage does not appy to "acddents" or loss" that occurred before you acquired or formed the organization; and (3) Coverage does not appy to an organization that is an Insured" under any other policy or would be an insured" but for its terminaton or the exhausting of its limit of insurance. A. Any "employee" of yours using: (1) A covered "auto" you do not own, hire or borrow, or a covered "auto" not owned by the "employee" or a member of his or her household. while performing duties related to the conduct of your business or your personal affairs; or (2) An "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. However, your "employee" does not qualify as an insured under this paragraph (2) while using a covered "auto" rented from you or from any member of the "employee's* household f. Your members: if you are a limited liability company, while using a covered "auto' you do not own, fire or borrow and while performing duties related to the conduct of your business or your personal affairs, g. Any person or organization with whom you agree In a written contract, written agreement or permit, to provide insurance such as is afforded under this pokey. but only with respect to your covered "autos". This provision does not apply. (1) Unless the written contract or agreement is executed or the permit is issued prick to the "bodily injury" or "property damage" (2) To any person or organization Included as an Insured by an endorsement or in the Declarations; or (3) To any lessor of "autos" unless: (a) The lease agreement requires you to provide direct primary insurance for the lessor; (b)• The "auto' is leased without a driver; and (c) The lease had not expired. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Copyright Insurance Services office. Inc., 2005 CA 7118 9g 08 Page 1 oil Leased "autos" covered under this provision will be considered covered "autos" you own and not covered "autos" you hire. h. Any legally incorporated organization or subsidiary in which you own more than 50% of the voting stock on the effective date of this endorsement This provision does not apply to "bodily injury" or' "property damage" for which an "insured" Is also an insured under any other automobile policy or would be an Insured under such a pocky, but for Its termination orthe exhaustion of its limits of insurance, unless such policy was written to apply specifically In excess of this policy. 2. COVERAGE EXTENSIONS - SUPPLEMENTARY PAYMENTS Under Section 11 LIABPLITY COVERAGE. A.2.a. Supplementary Payments, paragraphs (2) and (4) are deleted and replaced as follows: (2) Up to $2.500 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "Insured" at our request, Including actual loss of earnings up to $500 a day because of time oft from work. 3. AMENDED FELLOW EMPLOYEE EXCLUSION Under SECTION M - LIABILITY COVERAGE. B. EXCLUSIONS paragraph 5. Follow Employee is deleted and replaced by the following: 'Bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business. However, this exduslon does not apply to your "employees" that are officers or managers if the "body injury' results from the use of a covered "auto" you own. hire or borrow. Coverage Is excess over any other collectible insurance. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE AND LOSS OF USE EXPENSE A. Under SECTION 111. PHYSICAL DAMAGE COVERAGE, A. COVERAGE, the following is added if any of your owned covered "autos" are covered for Physical Damage, we wIN provide Physical Damage coverage to "autos" that you or your "employees" hire or borrow, under your name or the "employee's" name, for the purpose of doing your work. We will provide coverage equal to the broadest physical damage coverage applicable to any covered "auto" shown in the Declarations. Item Three. Schedule of Covered Autos You Own, or on any endorsements amending this schedule. B. Under SECTION 10 - PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions. paragraph b. Loss Of Use Expenses Is deleted and replaced with the following: b. Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a wrkten rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision. only If the Declarations Indkate that Comprehensive Coverage Is provided for any covered "auto": (2) Spedfled Causes of Loss, only if the Declarations indicate that Specified Causes Of Loss Coverage Is provided for any covered "auto"; or 13) Collision, only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However. the most we will pay for any expenses for loss of use is $30 per day, to a maximum of 52.000. Page 2of6 includes copyrighted material of insurance Services Office. Inc.. with its permission. Copyright Insurance Service:Office. Inc.. 2005 CA 7118 05 0e C. Under SECTION IV BUSINESS AUTO CONDITION!, 0, General Conditions, 5, Other Insurance, paragraph b. Is replaced by the following: b. For Hired Auto Physical Damage, the following are deemed to be covered "autos" you own: 1. Any covered "auto" you lease, hire, rent or borrow: and 2. Any covered "auto" hired or rented by your "employees" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. • However, any "auto" that is leased, hired, rented or borrowed with a driver is nota covered "auto", nor is any "auto" you hire from any of your "employees", partners (if you are a partnership), members (N you are a limited lability company). or members of their households. 5. LOAN OR LEASE GAP COVERAGE Under SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, the following is added: if a covered "auto" is owned or teased and if we provide Physical Damage Coverage on it: we will pay, in the event of a covered total loss". any unpaid amount due on the lease or loan for a covered "auto", less: (a) The amount paid under the Physical Damage Section of the policy; and: (b) AnY: (1) Overdue lease or ban payments including penalties, interest or other charges resulting from overdue payments at the time of the loss"; (2) Financial penalties imposed under a lease for excessive use. abnormal wear and tear or high mileage; (3) Costs for end warranties, Credit Life insurance, Health, Accident or DisabMty insurance purged with the loan or lease; (4) Security deposits not refunded by a lessor: and (S) Carry-over balances from previous loans or leases. 6. RENTAL REIMBURSEMENT Under SECTION gI " PHYSICAL DAMAGE COVERAGE AA. Coverage Extensions. paragraph a. Transportation Expenses is deleted and replaced by the following: a. Transportatlon Expenses (1) We will pay up to 575 per day to a maximum of 52,000 for transportation expense incurred by you because of covered "loss". We will pay only for those covered "autos" for which you carry Collision Coverage or either Comprehensive Coverage or Specified Causes of Loss Coverage. We will pay for transportation expenses incurred during the period beginning 24 hours after the covered loss" and ending, regardless of the policy's exp! rates, when the covered "auto" is returned to use or we pay for its loss". This coverage Is In adc5don to the otherwise applicable coverage you have on a covered "auto". No deductibles apply to tills coverage. (2) Thls coverage does not apply while there is a spare or reserve "auto" avallabie to you for your 7. AIRBAG COVERAGE Under SECTION NI - PHYSICAL DAMAGE. B. EXCLUSION% paragraph 3.1s deleted and replaced by the following: • 3. We wilt not pay for loss" caused by or resulting from any of the following unless caused by other loss" that is covered by this insurance: Includes copyrighted material of insurance Services Office. Inc.. with its permission. Copyright insurance Servkes Office, Inc., 2005 CA 1118 05 08 Page 3 of 8 (1) Wear and tear, freezing, mechanical or electrical breakdown. However. this exclusion does not Include the discharge of an airbag. (2) Blowouts, punctures or other road damage to tires. d, GLASS REPAIR -- WAIVER OF DEDUCTIBLE Section III -" PHYSICAL DAMAGE COVERAGE, D. Deductible Is amended to add the following: No deductible applies to glass damage if the glass Is repaired rather than replaced, 9. COLi.USION COVERAGE— WAIVER OF DEDUCTIBLE Under Section III • PHYSICAL DAMAGE COVERAGE, D. Deductible Is amended to add the following: When there is a toss to your covered "auto" Insured for Collision Coverage, no deductible will apply If the toss was caused by a collision with another "auto" insured by us, 10. KNOWLEDGE OF ACCIDENT Under SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Sult Or Loss, paragraph a. Is deleted and replaced by the following: a. You must see to it that we are notified as soon as practicable of an "acddenr, claim, "suit" or loss". Knowledge of an "witted, claim, "suit" or "loss" by youremployees" shalt not, in itself, vonsdtuta knowledge to you unless one of your partners, executive officers, direectors, managers, or members (If you are a linked liability company) has knowledge of the "acddenr. claim, "stir or "loss". Notice should include: (1) How, when and where the "acddenr or loss' occurred; (2) The "Insured's" name and address: and (3) To the extent possible, the names and addresses of any injured persons and witnesses. SFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION) Under SECTION IV - BUSINESS AUTO COMMONS, A. Lou Conditions paragraph 5. Transfer Of Rights Of Recovery Against Others To Us Is deleted and replaced by the fo1owing: 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after"acddenr or "loss" to impair them. However, if the insured" has waived rights to recover through a written contract, or if your vatic was commenced under a letter of intent or work order, subject to a subsequent reduction in writing with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this Coverage Form. 12. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Under SECTION IV • BUSINESS AUTO CONDMONS, B. General Conditions, paragraph 2. Concealment, Misrepresentation Or Freud Is amended by the addition of the following: We witi not deny coverage under this Coverage Form if you unintentionally fail to disclose alt hazards existing as of the Inception date of this poky. You must report to us any knowledge of an error or omission In your representations as soon as predicable after its discovery. 'fills provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. Page of Includes copyrighted material of Insurance Services Office, Inc.. with its permission. Copyright Insurance Services CMice, Inc., 2005 CA7't 15050$ 13. AUDiO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SCHEDULE Description of Covered Auto: Limit of Insurance Deductible $500 $250 A. Coverage 1. We will pay, with respect to a covered "auto` described in (he above Schedule, for loss" to any electronic equlment that receives or transmits audio, visual or data signals and that is not designed solely for the reprod ucdon of sound. This coverage apples only if the equipment is permanently irstaled in the covered "auto' at the time of the loss" or the equipment is removable from a housing unit that is permanently installed in the covered "auto" at the time of loss`, and such equipment is designed tis be solely operated by use of the power from the' auto's" electrical system, in or upon the covered "auto". 2. We will pay, with respect to a covered "auto" described In the above Schedule, for "loss" to any accessories used with the electronic equipment desctlbed In paragraph Al. above. However, this does not include tapes, records or discs. 8. Exclusions For purposes of this provision 13., the exdusions that apply to Physical Damage Coverage► except for the exclusion relating to Audio, Visual and Data Electronic Equipment, also apply to coverage provided by this endorsement. M addition, the blowing exclusions apply: We will not pay. under this endorsement, for either any electronic equipment or accessories used with such electronic equipment that 1. Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system; or 2. Both: a. An integral part of the same unk housing any sound reproducing equipment designed solely for the reproduction of sound if the sound reproducing equipment Is permanently installed in the covered "auto"; and b. Permanently installed in the opening of the dash or console normally used by the manufacturer for the Installation of a radio. 3. A device designed or used to detect speed measuring equipment such as radar or laser detectors or a jamming apparatus handed to elude or disrupt speed measurement equipment, whether permanently Installed or temporarily mounted in or on the covered 'auto". C. Limit of insurance With respect to coverage under provision 13. of this endorsement. the Limit of insurance provision of Physical Dames Coverage is replaced by the following: The most we will pay for all loss" to audio, visual or data electronic equipment and any accessories used with this equipment, as described In paraimh A. above, as a result of any one "accklent", is the lesser of: 1. The actual cash value of the damaged or stolen property as of the thne of the loss"; or 2. The cost of repairing or repladng the damaged or stolen property with other property of Tike kind and quality; or 3. The amount shown in the Schedule. Includes copyrighted material of Insurance Services Office, inc.. vrithh its permission. Copyright insurance Services Office, Inc., 2005 CA 71 18 03 00 Page 3 of I D. Deductible 1. If "loss" to the audio, visual or data electronic equipment or accessories used with this equipment, as desalbed M paragraph A. above. is the result of a'9oss" to the covered "auto" under this Coverage Form's Comprehensive or Collision Coverage. then for each covered "auto" our obligation to pay for, repair, return or replace damaged or stolen property wkl be reduced by the applicable deductlele shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" to audio. visual or data electronic equipment caused by fire or Ilghtning. 2. If loss" to the audio, visual or data electronic equipment or accessories used with this equipment. as described in paragraph A. above,.is the result of a loss" to the covered "auto" under this Coverage Form's Specified Causes of Loss Coverage, then for each covered "auto" our obligation to pay for, repair, rum or replace damaged or stolen property will be reduced by the applicable deductible shown in the Schedule of this endorsement. 3. If loss" oc urrs solely to the audio, visual or data electronic equipment or accessories used with this equipment, as described in paragraph A. above, then for each covered "auto" our obligation to pay for. repair, retum or replace damaged or stolen property will be reduced by the applicable deductible shown in the Schedule of this endorsement. 4. In the event that there is more than one applicable deductible, only the highest deductible will apply. In no event wiN more than one deductible apply. E. When This Provision Becomes Vold This provision, AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE. is void If CA 04 02, Texas Audio, Visual And Data Electronic Equipment Coverage, is attached to the poky. Page of includes copyrighted material of insurance Services Office, Inc., with its permission. Copyright insurance Simian Office, Inc., 2005 CA7115050ti Named Insured: Stewart Builders, Inc. dba Keystone Concrete Placement Policy Term: 01/31/2011 COMMERCIAL LIABILITY UMBRELLA CU 74 0711 OY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY!NON-CONTRIBUTORY COVERAGE This endorsement modifies Insurance provided under the following.. COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Under SECTION Il — WHO I8 AN INSURED, the following Is added to paragraph 3: , If coverage provided to an yy additional insured is required by a written contract or agreement, we will provide coverage to the a dltlonai insured on a primary basis without contribution from any other vafd and oollectlele insurance available to the ad al Insured. The most we will pay under this insurance on a primary basis without contribution from any other valid and collectible Inaurance Is the amount of Insurance required by the written oontract or agreement or the Each Occurrence Limit shown In the Commercial Liability Umbrella Declarations, whichever le less. Under SECTION IN — CONDMONS, paragraph 5. Other Insurance does not apply to coverage provided by this endorsement, Includes oopyrighted material of insurance Services O(IIce, Inc. with its permission. Copyright insurance Services Office, Inc. 1904 CU 74 671107 Named Insured: Stewart Builders, Inc. dba Keystone Concrete Placement Policy Term 01/31/2011 POLICY NUMBER: CU 2034842 COMMERCIAL LIABILITY UMBROLLA CU 22820004 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. TEXAS WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies Insurance provided under the foliawing: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART SCHEDULE Name 01 Person Or Organization: ANY PERSON OR ORGANIZATION WITH WHOM THE NAMED INSURED HAS ENTERED INTO A WRITTEN C HIC • T• F I' H THIS W RES Y Informalloired this Saiteduis, If not shown above wiU be shown b1 the Declarations. The Transfer Of Rights Of Recovery Against Others To Us Condition under Section IV — Conditions is amended by the addliion of the following: We waive any right of recovery we may have agshist the person or organization shown In the Schedule above because of payments we make for 'bodily Injury" or "property damage' arising out of your ongoing operations or 'your world" done under a contract with that person or organization and included in the 'products cornpieted opera- tions perations hazard". Thls waiver applies only to the person or organization shown In the Schedule above. 'PER CERTIFICATES ON FILE WITH THE COMPANY CU22820004 0 ISO Properties, Ina., 2003 Page 1 of 1 O WORKERS COMPENSATION AND EMPLOYERS UAMLITY INSURANCE POLICY WC 42 03 04 A (Ed. 1-00) TEXAS WAIVER OR 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 enforoe 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 e 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 I. ( ) Specific Waiver Name of person or'orgenization X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium The premium charge for this endorsement shall be 0420 percent of the premium developed on payroll in connection with work performed for the above peniiiii(A or organizattonls) arising out of the operations described. 4. Advance Premium This endorsement changes the policy to which It is attached and is effective on the date Issued unless otherwise stated. (The information below is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective 01/31/2011 Polios/ No. WC2026810 Endorsement No.0 hewed Stewart Builders, Inc. dba Keystone Concrete Placement • Insurance Company Countersigned by 4 r?,,A oc kr Amerisure Mutual ins Co