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R-11-11-22-10D1 - 11/22/2011RESOLUTION NO. R-11-11-22-1OD1 WHEREAS, the City of Round Rock has previously determined in Resolution No. R-11-09- 08-1 0F5 -09-08-10F5 that "Competitive Sealed Proposal" is the delivery method which provides the best value for the City for the Old Settlers Palm Valley (OSPV) Triple Crown Restroom Building; and WHEREAS, after advertising for and receiving proposals from offerors, the City of Round Rock determines that Fazzone Construction, Inc. is the offeror which offers the best value for the City; and WHEREAS, the City Council now wishes to enter into a "Standard Form of Agreement Between Owner and Contractor Where the Basis of Payment is a Stipulated Sum" with Fazzone Construction, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That, after advertising for and receiving proposals from offerors, the City of Round Rock hereby finds that Fazzone Construction, Inc. is the offeror which offers the best value for the City. BE IT FURTHER RESOLVED That the Mayor is hereby authorized and directed to execute on behalf of the City a "Standard Form of Agreement Between Owner and Contractor Where the Basis of Payment is a Stipulated Sum" with Fazzone Construction, Inc. for the Old Settlers Palm Valley (OSPV) Triple Crown Restroom Building, 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. 0:\wdox\SCClnts\0112\1104\MUNICIPAL\00237691.DOC/rmc RESOLVED this 22nd day of November, 2011. ATTEST: SARA L. WHITE, City Secretary 2 ALAN MCGRAW, Mayor City of Round Rock, Texas City Council Agenda Summary Sheet Agenda Item No. 10D1. Agenda Caption: Consider a resolution authorizing the Mayor to execute a construction contract with Fazzone Construction, Inc. for the Old Settlers Palm Valley (OSPV) Triple Crown Restroom Building Project. Meeting Date: November 22, 2011 Department: Parks and Recreation Staff Person making presentation: Rick Atkins Parks and Recreation Director Item Summary: The OSPV Triple Crown Restroom Building Project will include the construction of a six (6) stall rest room building, minor utility work and sidewalks. The project will provide a much needed rest room facility for the Triple Crown Baseball Complex (t -ball complex). This rest room facility has been a heavily requested item on all our league and tournament surveys for a number of years. The rest room facility will greatly improve the overall league and tournament experience for players and spectators. The project is being funded out of the General Self -Financed Construction Fund and is expected to be completed by the beginning of the spring baseball season (February) 2012. Cost: $210,000.00 Source of Funds: General Self -Financed Construction Date of Public Hearing (if required): N/A Recommended Action: Approval Experience!QuaROcations Key Personnel to I Price wl Comparable Projects be Assigned Contractor Name Base Price Alternates Totais Total Cost 45% 40% 15% Total Points FINAL RANKING r N M BID WITHDRAWN o aD O) I� O) T O) BID WITHDRAWN 13 r r 40 m m 42.7 1 $ 219,500.00 1 1 $ 219,500.00 (Lowest Priced Proposal /Proposer's Price) X 45 = Price Score $219,500/$219,500 8 N o 0 of N 4 (Lowest Priced Proposal/Proposers Price) X45 = Price Scone $219,500 / $230,900 $ 219,500.00 I 1 $ 300,000.00 I (Lowest Priced Proposal/Proposer's Price) X45 = Price Score $219,500/$300,000 , «� (Lowest Priced Proposal/Proposer's Price) X45 = Price Score BID WITHDRAWN Fazzone Construction WS Walker Construction O) C (3 CQ 0 Westar Construction Keith Hickman - KAHickman Architects Ryan Hansanuwat - KAHickman Architects EXECUTED DOCUMENTS FOLLOW Standard Form of Agreement Between Owner and Contractor wliere the basis of payment is a STIPULATED SUM AIA Document Al 01-1997 1997 Edition -Electronic Format THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITI1 AN A'I`I'ORNEY 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 "Thti4— li 1 "- aay of tPin the year 2011. (In words, indicate day, month andyear) BETWEEN the Owner: (Name, address, other information) and the Contractor (Name, address, other infor►nation) The Project is: The Architect is: (Name, address, other (nformation) Owner and Contractor agree as follows: 00238565/jkg/revised City of Round Rock, Texas 221 East Main Street Round Rock, Texas 78664 Fazzone Construction Company, Inc. 1302 West Blanco Road San Antonio, Texas 78232 Construction of an approximately 650 square foot CMU and metal roof building, designated as City of Round Rock OSPV Triple Crown Complex Restroom Building and located at 3300 Palm Valley Boulevard, Round Rock, Williamson County, Texas, such building to include a men's and women's restroom with plumbing to include five (5) new water closets, one (1) new urinal, four (4) new lavatories, and two (2) new drinking fountains, all with all applicable accessories; and site work to include new foundation, connections to utilities, grading, sidewalk, and stone walls. KA Hickman Architects 15I7 East Palm Valley Boulevard 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 !fit diljers frons the date of this Agreement or, ( 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.{Wgrk, Owner required time r file�tnortgages, mechanic's liens and other security interests n&M;me requiremeb( shall be asfoUO�is= '� J ; -'i;� 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 sixty (60) calendar days from issuance by Owner of Notice to Proceed. (Insert number of calendar days Alternatively, a calendar dale may be used when coordinated with the date of connnencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the f'ork.) subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provis(ons, if any. for liquidated damages relating to failure to complete on time or for bonus payments for ear!y 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 Five Hundred and No/100 Dollars ($500.00) 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 2 1 r 1 1 1 1 1 1 1 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 litnitation, 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 HUNDRED TEN THOUSAND AND NO/100 DOLLARS ($210,000.00), 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: Not applicable. (State the nwnbers or other iden►ifrcalion 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 dale when that amount expires) 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 elsewhcre 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 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 forin 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 warrant the percentage of comptetion of each portion of the Work as of the end of the period covered by the Application for Payment. 3 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: As provided in Article 14 of the City of Round Rock General Conditions. 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, 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 thirty (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 final 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 15 of the City of Round Rock General Conditions. 6.2 The Work may be suspended by Owner as provided in Article 15 of the City of Round Rock General Conditions. 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, 7.3 Owner's representative is: David Buzzell, RLA, ASLA (Nance, address, outer inforncalion) Park Development Manager 301 West Bagdad, Suite 250 Round Rock, Texas 78664 7.4 Contractor's representative is: Joseph Fazzone President, Fazzone Construction, Inc. 1302 West Blanco Road San Antonio, Texas 78232 7.5 Neither Owner's nor Contractor's representative shall be changed without ten (10) days' written notice to the other party. 7.6 Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach. 4 i 1 7.7 Owner agrees to pay Contractor from available funds for satisfactory performance of this Agreement in accordance with the bid or proposal submitted therefor, subject to proper additions and deductions, all as provided in the General Conditions, Supplemental Conditions, and Special Conditions of this Agreement, and Owner agrees to make payments on account thereof as provided therein. Lack of funds shall render this Agreement null and void to the extent fiords are not available. This Agreement is a commitment of City of Round Rock's current revenues only. 7.8 Although this Agreement is drawn by Owner, both parties hereto expressly agree and assert that, in the event of any dispute over its meaning or application, this Agreement shall be interpreted reasonably and fairly, and neither more strongly for nor against either party. 7.9 This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessaiy beither party with respect to the enforcement of any or all of the terms or conditions herein, v►ue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed ih..8cepr4ance with the laws and court decisions of the State of Texas. 7.10 Both parties hereby expressly agree that no claims or disputes between the paWeS arising out gfgr`relating to this Agreement or a breach thereof shall be decided by an arbitration proceeding, `includingwithout iitiitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 7.11 The parties, by execution of this Agreement, bind themselves, their heirs, successors, assigns, and legal representatives for the full and faithful performance of the terms and provisions hereof. ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 8.1.1 The Agreement is this executed version of the City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor, as modified. 8.1.2 The General Conditions are the "City of Round Rock Contract Forms 00700," General Conditions, as modified. 8.1.3 The Supplementary, Special, and other Conditions of the Contract are those contained in the Project Manual dated September 26, 2011. 8.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 8.1.3. 8.1.5 The Drawings, if any, are contained in the Project Manual dated as in Subparagraph 8.1.3. 8.1.6 The Addenda, if any, are as follows: 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 docwnenls that are intended to form part of the Contract Documents. AIA Document A201-1997 provides that bidding regrdrements such as adverlisenrent or invitation to bid, Instructions w Bidders, sample forms and Contractor's bid are nnot part of the Contract Docrunents runless enwnerated in this Agreement. They should be listed here only if intended to be part of the Contract Docrunents) 5 This Agreement is entered into as of the day and year first written above and is executed in at least three (3) 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: 2_ I • I3 FOR CITY, ATTEST: '14&Jj,-.L4 Sara White, City Secretary FOR ,APPROVE AS TO FORM: Stephan L. Sheets, City Attorney CONTRACTOR FAZZO4 E COIF$ RUCTION COMPANY, INC. Jose , Ii Fazzone, Pr Date Signed: ' 6 00600 INSURANCE AND CONSTRUCTION BOND FORMS Bond #105680033 THE STATE OF TEXAS COUNTY OF WILLIAMSON PAYMENT BOND § § § KNOW ALL MEN BY THESE PRESENTS: Fazzone Construction Company, Inc. San Antonio That of the City of ,County of Bexar ,and State of Texas as Principal, and Travelers Casualty and Surety Company of 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 Hundred Ten Thousand and no/100-- Dollars ($ 210, 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,je Principal has entered into a certain written Agreement with the Owner, dated the U3"t11-. day of December , 20", 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 OSPV Triple Crown Restroom Building Project (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, tabor, 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 00090(156 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. rN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this day of December , 2011 Travelers Casualty and Surety Company of America Fazzone Construction Company, Inc. Principal Printed r ss: 1302 'est Blanco Road By: Title: Add San Antonio, TX 78232 Resident Agent of Surety: Signature Robert C Fricke Printed Name 7600-B N Capital of Texas Hwy, Ste 200 Street Address Austin, TX 78731 City, State & Zip Code Page 2 00620 7.2009 00090656 Surety Linda K Edwards Printed ame B Title: Attorney -in -Fact Address: 9601 McAllister Freeway, Suite 900 San Antonio, TX 78216 Payment Bond TRAVELERSJ 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. 222$65 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. 0 0 4 3 9 818 4 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 William H. Pitts Jr., James F. Siddons, John E. Alford, Wesley M. Pitts, Linda K. Edwards, Robert C. Fricke, Douglas J. Wealty, and Cynthia Giesen of the City of Austin , 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 perm}tted in any anions or proceedings allowed by law. 1st IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of July 2011 Farmington Casualty Compuy Fidelity and Guaranty lusuranoe Company Fidelity and Guaranty Insutance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company State of Connecticut City of Hartford ss. 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:g Thompson, i ice President 2011 before me rsonall appeared George W. Thompson, who acknowledged On this the 1St day of July pe y PP rg p g 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, 2016. 58440-6-11 Printed in U.S.A. l.. `J Mane C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors 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, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -m -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory m the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attomey or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company m the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, 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,I,psyrance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and Uni s Fi and ty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said CoinpuI,whi " ifti11 foetk1 effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand day of ��1 �.rn� per( , 20 �. Kevin E. Hughes, Assistant Sec tary To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING• THIS POWER OF ATTORNEY IS INVAI ID WITHOUT THE RED BORDER Bond #105680033 THE STATE OF TEXAS COUNTY OF WILLIAMSON PERFORMANCE BOND § § KNOW ALL BY THESE PRESENTS: § Thafazzone Construction Company, Incof the City of San Antonio , County of Bexar , and State of Texas , as Principal, andTravelers Casualty and Surety Company of America 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 Hundred Ten Thousand and no/100--- Dollars ($ 210,000.00 ) 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 December , 20i1 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: OSPV Triple Crown Restroom Building Project (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. Page 1 00610 72009 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 addition to 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 December , 2011 . Travelers Casualty and Surety Company of America Fazzone Construction Company, Inc. Principal Printed By: Title: ,'mr W&et\ Tit e: Attorney -in -Fact Add ss: 1302 (rest Blanco Road Address:96o1 McAllister Freewax, Suite 900 San Antonio, TX 78216 Surety Linda K Edwards San Antonio, TX 78232 Resident Agent of Surety: Signature Robert C Fricke Printed Name 7600-B N Capital of Texas Hwy, Suite 200 Street Address Austin, TX 78731 City, State & Zip Code Page 2 00610 7-2009 00090656 Performance Bond TRAVELERS J 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. 222$65 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. 004308182 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 William H. Pitts Jr., James F. Siddons, John E. Alford, Wesley M. Pitts, Linda K. Edwards, Robert C. Fricke, Douglas J. Wealty, and Cynthia Giesen of the City of Austin , 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, recogmzances, 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. 1st IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of July 2011 Farmington Casualty Company Fidelity and Guaranty %Hs�trance Company Fidelity and Guaranty Inside Underwrlters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company State of Connecticut City of Hartford ss. 1toRvort�� f �+ sol .SEAL '6'J St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company By: ice President 2011 before me rsonall appeared George W. Thompson, who acknowledged On this the 1St day of July pe Y PP g P g 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, 2016. 58440-6-11 Printed in U.S.A. \t'' ^ . `Mane C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attomey is granted under and by the authority of the following resolutions adopted by the Boards of Directors 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, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-m-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed m the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -m -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, 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 Insyiance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and Unit4as Fi and ty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attomey executed by said Con,whic nTff11 es*1 and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand aft d tb$e o said anies this day of 'P.r7�er ,20 \. �f Kevin E. Hughes, Assistant Sec tary To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING THIS POWER OF ATTORNEY IS INVAI ID WITHOUT THE RED BORDER IMPORTANT NOTICE To obtain infornation or make a complaint: You may call Travelers Casualty and Surety Company of America and its affiliatestoll- free telephone number for information or to make a complaint at: 1-800-328-2189 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Dox 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection a�tdi.state.tx.u� PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact your Agent or Travelers first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document and is given to comply with Texas legal and regulatory requirements. i?H 042-B) Ed. 10.13.07 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 F ACORDa CERTIFICATE OF LIABILITY INSURANCE a THIS CERTIFICATE 18 IS8UED A8 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: 0 the certificate holder is an ADDITIONAL INSURED, the pollcy(les) muaF sndorssd. If SUBROGATION I8 WAIVED, subjsct to the terms and conditions of the policy, certain policies may rsqulre an endorsement. A statement on this certlficate does not confer rlghts to the certificate holder In !leu of such endorsement(s). PRODUCER Insurepointe of Texas, Inc. 2909 Hlllcroft Ste 1600 Houston, TX 77057 713 964-0022 N�1� Marsha Trasp _ PMO E><t . 713 904.0022 { (iVc, N,k 713 964 0044 A� mtrasp©insurepolnte.com cusroME�R w Ir. FAZCO INSURER($) AFFORDINO COVERAGI NAIL INBURED Fauone Constructlon Company, Inc. 1302 W. Blanco San Antonlo, TX 78232 INSURERA: Texas Mutual Insurance Company 22945 INSURER B:Amerlca First Lloyds Insurance 11528 INR C. EAGIOCCURRENCE INauRER D 8E (EB OOOYrtM�Csl INBURER 1: INBURM F : MED EXP (Ary ons parson) 11-12 CAU-WCO-EQF v THIS 18 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW NAVE BEEN ISSUEO TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE 18SUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCR BED HEREIN 18 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED PAID CLAIMS. a TYPE OF INBURANCE R POLICY NUMBER �yyBY /MAiiO I�MINDOIYYYYI uMNT, GENERALUABIUTY —T COMMERCIAL. GENERAL LIASIUTYPREAAIB TO FOLLOW EAGIOCCURRENCE $ 8E (EB OOOYrtM�Csl $ CLAIMS.MADE OCCl1R MED EXP (Ary ons parson) $ PERSONAL 1 ADV INJURY $ GENERALAGGREOATE $ GEII'I AGGREGATE UMIT APPLIE8 PER: PR0DUCT8 - COMPIOP AGO f POLICY [1 J ► I LOC f B AUTOMOBILE UASIUTY ANY AUTO All OWNED AUT08 SCHEDULED AUTOS HIREo Auroa NON -OWNED Au Y Y 02CE2229211 07/2612011 07128/201.2 • COMBINED SINGLE LIMIT (r• �oaldad) s 1.000.000 X BODILY INJURY (par pawn) s BODILY INJURY (Par acddaM) $ pnop-RTv DAMAGE (Per aceldwl) ; _ X X 1ros $ WABRELLA!JAB LJ OCc EXCESe LIAR 1J TO FOLLOW EACHOCCURRENCE $ AOOREGATE $ DEDUCTIBLE RETENTION $ $ — $ AVYORIWRecoMPENBAT1oN ANo ANY OFFICHRI (Mandctcryln H yyrsN, DEBCRIPnON EMPLAYERs' LUW LITY PROPRIETORIPMTNERIEXECUTIVEY N NIA Y SPP0001120588 07/26/2011 07/28/2012 X lT'"coRVuAunijr's { {E E.L.EAGIACCIDENT 11,0001000 E.L. DISEASE- EA EMPLOYEE =1,000,000 nNHREXCLUDED7 NH) �detdlba under OF OPERATIONS blow El. D1SEASE - POLICY LIMIT 11,000,000 B Equlpment Floater Rented/Lsased 04CC2261501 02/10/2011 02//1012012 $121,500 Scheduled $ 100,000 Rent/Lease DEBCRIP11ON Of OPERATIONB I LOCATIONS 1 VEHICLES (Attach ACORD tot, AddltIon.I Romaka Beh.duls, Ir mon spcco a rogWnd) REF: OSPV Triple Crown Restroom Bldg. Project -Settlement Park, Round Rock, TX 78884 (Sae Attached Descriptlons) CANCELLATION ..cnnrrvru c nvwcr City of Round Rock Parks S Recreation;Attn: Cailsen Dryden 301 . Bagdad, Ste. 250 Round Rock, TX 78664 SHOULD ANY OF THE ABOVE DESCRIBEO POLICIE8 BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTNORDED REPREBENTATNE ACORD 25(2009/00) 1 of 2 The ACORD name and logo are reglstered marks of ACORD 15197029/M189531 .2I9 ACORD CORPORATION. AN rights reserved. MXT City of Round Rock Is named as Additlonal Insured w/respects to the Automobile Liability Policy and provided Waiver of Subrogation under Automobiie and WorkersCompensatlon POIICIes In favor of City 01 Round Rock as required by written contract. �FF`�e�i`S c. � 'F.'T.3 ,st�f;��:�,"'�.4G,?•+ff?i,: �t.�'�3,. ,:: £ , 6 �3.�K �F.�.^`'y. ;r, ,.s•,.�:�'. R 'x w � .� F�, tr sti ti','. 6 r - �'� �� �`� R�� air � u n41 ca r; P_. �x<� ' w t , rey- zr.s,v �. ia�^c n:.s•3<.t m �:,.>,y w.,C... #�xt�r. c�l.':�fie,s..°i.`lti>:x..'r:'srn�r ��$$''-�ii3'; AMS 25.3 (2009109) 2 of 2 #S197029/M189531 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I4C0RtJ CERTIFICATE OF LIABILITY INSURANCE R THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI! CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(8), AUTHORIZE[ REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certlflcata hotdsr is an ADDITIONAL INSURED, the poftcy(Ise) must be endorsed. 1? SUBROGATION 18 WAIVED, subject to the terms and conditions of the policy, certain policla may requir. an.ndoraemsnt. A statement on this csrtlflcats doa not confer rights to thi certificate holder In lieu of such endorsement(.). - Milton O. Johnston and Company, Ltd 14610 Falling Cre@k Dr Houston TX 77068 POLICYNUMBER FAX I (A1C. Nob: (MMIDDIYYYY) CUST0 ER ID e: INSURERS) AFFOROINO COVERAGE NAIC 0 WBURED Fazzone Construction Company Inc; Fazzone Builders Inc dba Southwest Monument 1302 W. Blanco Rd. San Antonio TX 76232 INSURERA: MSA INSURANCE COMPANY UABIUTYPREMISES X OCCUR INsuRERe: MSA INSURANCE COMPANY Y INSURERC: 07120/2011 INSURERD: EACHOCCURREI10E 1N;URER E 1,000,000 INSURER F : ; COVERAGES CERTIFICATE NUMBER: REVISION NUMB THIS IS TO CERTIFY THAT THE POUCES OF INSURANCE USTEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE. TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCES. LIMITS SHOWN MAY HAVE BEEN REDUCED PAIN CCLa111MS. R • TYPEOFINMIRANCE I�NtR M11j0 POLICYNUMBER pBY LJ) (MMIDDIYYYY) LIMITS A °EN X u" ' COMMERCIAL OENERAL UABIUTYPREMISES X OCCUR Y Y M0J00408 07120/2011 0712812012 EACHOCCURREI10E ; 1,000,000 (Ea�aoarrsna) ; 50,000 CWMSMADE MED EXP (Any oirpenon) ; 1,000 X •96150 Form PERSONAL&ADVINJURY ; 1,000,000 OENERALAOOREOATE ; 2,000,000 dEML AGGREGATE UMrr APPLIES PER: l Poucy f fl Ux PRODUCTS - COMPIOP AOo ; 2,000,000 ^ AUTOMOBRE UASIUTY ANY AUTO ALL OWNED AUTOS BCHEOULED AUTOS HIREOAUT08 NON -OWNED AUTOS COMBINED SINGLE OMIT (Es sccldsnq — aooiLY INJURY (Per preon) $ BOOILY INJURY; (Pr soGdenq -- _ PROPERLY OAAMOE (Pif8 din ; ; B X UMSRELLA UAB EXCESSUAB 1 X 1 OCCUR CLAIMS.MAOE M0J00409 07/28/2011 07/28/2012 EACH OCCURRENCE ; 1,000,000 AOOREGATE ; 1,000,000 OEOUC11aLE RETENrbN ; 10,000 ; _ X ; WaRKERSCOMPENDAnoi. AND EMPLOYERS• UABIUTY ANY PROPRIETORIPARTNERIEXECUTNEa OFFICERIMEMBER EXCLUOED9 (�Myat,ndatory le NH) IOESCRI OFOF OPERATIONS below N 1 A 1U. LOT yy� g� I A1I TGRYL E.L EACH ACCIOENT ; E.LOISEAIIE - EA EMPLOYED; . E.L DISEASE- POLICY UMIT ; DESCRIP710N OF OPERATIONS 1 LOCATIONS 1 VEHICLES AIt.d ACORD (01, Addl0010l Rnnrirs Sohaduls, V riots apais Is,aqulrsd) Refer to attached ACORD 101 - Additlonal Remarks Schedule form. CANCELLATION Attn: Aileen Dryden City of Round Rod( Parks 8 Recreation 301 W. Bagdad, Suite 250 Round Rock 1 TX 78664 SHOULD ANY OF THE ABOVE DESCRIBED POUCIE8 BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVI8IONS. AUTHORIZEOREPRESENTA11VE ACORD 26 (2009109) ®1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 ABY TX - Milton O. Johnston and Company. Ltd NAMED INSU EOFazzone Construction Company Inc Fazzone Builders Inc dba Southwest Monument 1302 W. Blanco Rd. San Antonio TX 78232 POUGYNUMBER Multiple Policies Selected CAtaear Multiple Carriers NAtc coos EFFECTN5 oATeMuNipls Policies Selected ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM ISA SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE• CerU$lcate of Liabihty Insurance — Description of Operations / Locations/ Vehicles Residential 8 Commerclal General Contractor GL Policy has addlttonal Insured endorsement and waiver of subrogation endorsement "Blanket as Required per Written Contract" per forms CG 2033 MJ, CG 2037 8 CG 2404. Insurance Is primary as respects to Insureds operations per polky condlUons. Contractual Llability per form CG 0001 (01196). Protect: OSPV Triple Crown Restroom Bldg Project ACORD 101 (2008101) ® 2008 ACORD CORPORATION. All rights reserved. Tho ACORD name and logo are registered marks 01 ACORD