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16-077.00 Inland Asphalt: Broadway Street Preservation
Contract This agreement is entered into this 2 3 day of � l c.�L2_ , 2016, between the City of Spokane Valley ("City") and <Contractor name> ("Contractor"), pursuant to Title 35 RCW, as adopted or amended. In consideration of the terms and conditions contained herein and attached and made a part of this agreement,the parties agree as follows: I. The Contractor shall do all work and furnish all tools,materials, and equipment for: Broadway Street Preservation Project#0233 Contract 16-077 in accordance with and as described in the project plans and specification, and the standard specification of the Washington State of Department of Transportation which are by this reference incorporated herein and made part hereof and, shall perform any changes in the work in accord with the Contract Documents. The Contractor shall provide and bear the expense of all equipment, work, and labor, of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in these Contract Documents except those items mentioned therein to be furnished by the City. II. The City hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same in accord with the project plans and specification and the terms and conditions herein contained and hereby contracts to pay for the same according to the referenced specifications and the schedule of unit or itemized prices at the time and in the manner and upon the conditions provided for in this contract. III. The Contractor for himself/herself, and for his/hers heirs, executors, administrators, successors, and assigns, does hereby agree to full performance of all covenants required of the Contractor in the contract. IV. It is further provided that no liability shall attach to the City by reason of entering onto this contract, except as provided herein. V. The project was awarded for the bid amount of$424.424.24. IN WITNESS WHEREOF, the Contractor has executed this instrument, on the date below, and the City has caused this instrument to be executed on the date stated above. Executed by Contractor June 10 ,2016. Date Al Hughbanks Printed Name Chief Alt"i; .a•r-Ai A A Title ,/� ' , r, Signature City of Spokane Valley IN\as-K Coul 1/1.0-1AtA Printed Name Aerip. City Manager Title 1 ' �l Signature 1:eaised 1-8-16 , Su"*Itat ' po lley. BOND NO: 9223164 CONTRACTOR'S PERFORMANCE BOND to City of Spokane Valley,Washington The City of Spokane Valley,Washington,in Spokane County,has awarded to Inland Asphalt Company(Contractor),as Principal, a contract for the construction of the project designated as Broadway Street Preservation Project, Project No. 0233, in Spokane Valley, Washington, and said Principal is required under the terms of the Contract to furnish a performance bond in accordance with chapter 39.08 Revised Code of Washington(RCW). The Principal, and Fidelity and Deposit Company of Maryland (Surety), a corporation,organized under the laws of Maryland and licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies Acceptable in Federal Bonds"as published in the Federal Register by the Audit Staff Bureau of Accounts,U.S.Treasury Dept.,are jointly and severally held and firmly bound to the City of Spokane Valley,as Obligee,in the sum of$424,424.24 total Contract amount (including Washington State sales tax),subject to the provisions herein. This performance bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors,or assigns shall well and faithfully perform all of the Principal's obligations under the Contract and fulfill all the terms and conditions of all duly authorized modifications,additions,and changes to said Contract that may hereafter be made,at the time and in the manner therein specified; shall warranty the work as provided in the Contract and shall indemnify and hold harmless the Obligee from any defects in the workmanship and materials incorporated into the work for the period identified in the Contract; and if such performance obligations have not been fulfilled, this bond shall remain in full force and effect. The Surety for value received agrees that no change,extension of time,alteration or addition to the terms of the Contract, the specifications accompanying the Contract,or to the work to be performed under the Contract shall in any way affect its obligation on this bond,and waives notice of any change,extension of time,alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts,and shall be signed by the parties'duly authorized officers.This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on .- al of t, - Inland Asph •4.an 7 / / Fidelity and Deposit Company of Maryland PRINCIP• if 4 4i d • SURET L A4)' 6 1s.„ . . 1 2016 Principal Signature IF D. Sure _ .,• . ��� pate Al Ilughbanks Printed Name Printed Name - Chief Estimator Attorney-in-Fact Title Title Name,address,and telephone of local office/agent of Surety Company is: Marsh USA Inc. 15 W.South Temple,Ste.700 Salt Lake City,UT 84101 City of Spokane Valley Contract Documents Broadway St Preservation 1 Bid#16-077 Kane .000Valley• BOND NO: 9223164 CONTRACTOR'S PAYMENT BOND(NON-FEDERALLY FUNDED PROJECT) to City of Spokane Valley,Washington The City of Spokane Valley, Washington, in Spokane County, has awarded to Inland Asphalt Company (Contractor), as Principal,a contract for the construction of the project designated as Broadway Street Preservation Project, Project No. 0233 in Spokane Valley, Washington, and said Principal is required under the terms of the Contract to furnish a payment bond in accordance with chapter 39.08 Revised Code of Washington(RCW). The Principal, and Fidelity and Deposit Company of Maryland (Surety), a corporation organized under the laws Maryland and licensed to do business in the State of Washington as surety and named in the current list of "Surety Companies Acceptable in Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Dept., are jointly and severally held and firmly bound to the City of Spokane Valley, as Obligee, in the sum of$424,424.24 total Contract amount (including Washington State sales tax), subject to the provisions herein. This payment bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors, or assigns shall pay all persons in accordance with chapters 39.08 and 39.12 RCW, including all workers, laborers, mechanics, subcontractors, and materialmen, and all persons who shall supply such contractor or subcontractor with provisions and supplies for the carrying on of such work; and shall indemnify and hold harmless the Obligee from all loss, cost or damage which Obligee may suffer by reason of the failure of Principal to make such required payments; and if such payment obligations have not been fulfilled, this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond, except as provided herein, and waives notice of any change, extension of time, alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts, and shall be signed by the parties' duly authorized officers. This bond will o be accepted if i is accompanied by a fully executed and original power of attorney for the officer executing on .: -If „ thr= Inland Asphalt•om•. / Fidelity and Deposit Company of Maryland PRINCIPAL 0 ;lit %' / SURE 4 /t!``1.�.s: 1 4 . �� 6110 +,'6 Principal Signaturelip Dat- Al Hughbanks Tina Davis Printed Name Printed Name Chief Estimator Attorney-in-Fact Title Title Name, address, and telephone of local office/agent of Surety Company is: Marsh USA Inc. 15 W.South Temple,Ste.700 Salt Lake City.UT 84101 SURETY ACKNOWLEDGMENT STATE OF UTAH } COUNTY OF SALT LAKE } SS On this 10th day of JUNE, 2016, before me personally came TINA DAVIS to me known,who, being by me duly sworn, did depose and say that she is an Attorney-In- Fact of FIDELITY AND DEPOSIT COMPANY OF MARYLAND the corporation described in and which executed the within instrument; that she knows the corporate seal of said corporation, that the seal affixed to the within instrument is such corporate seal, and that she signed the said instrument and affixed the said seal as Attorney-In-Fact of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. 1 I . ' ._ ,,w, Notary P i li LISA ,ALL ', r 1NF T,•';^ Notar; Pubil State o+ u ah .,•u-'1 Comm. No.681511 "" My Comm.Expires Mar 13,2019 ':Ty " •e - -_i... ....i.,----..:.--, - ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate, constitute, and appoint Tina DAVIS, Lisa HALL, Lindsey PLATTNER and Linda NIPPER, all of Salt Lake City, Utah, EACH its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies,as fully and amply,to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 24th day of November,A.D.2015. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND ocics,, Gptf t! V�'. . SEAL 1ine4.4NOM 14 '•7, -.-. ; 0 'o.. s 6' 1908 ,:hD ve 40 Secretary Vice President Michael McKibben Thomas O.McClellan State of Maryland County of Baltimore On this 24th day of November,A.D.2015,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,THOMAS O.MCCLELLAN,Vice President,and MICHAEL MCKIBBEN,Secretary,of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that suchofficer were dulyaffixed and subscribed to the said instrument bythe authorityand direction of the said the said Corporate Seals and the signature as Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. if ttti>� '••E I•;s. IG 921.0_,A J-'6ti ",,iii�iii"�" Maria D.Adamski,Notary Public My Commission Expires:July 8,2019 POA-F 020-8022W EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations,undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 1 OTHiay of JUNE ,20 16 wa oErp 'C.t"c, ;;-:.71.0 itA =ate`imk 8EAL air Gerald F.Haley,Vice President Spokane Valley. BOND NO: 9223165 CONTRACTOR'S RETAINAGE BOND to City of Spokane Valley,Washington The City of Spokane Valley,Washington,in Spokane County,has awarded to Inland. Asphalt Company, ("Contractor"), as Principal, a contract for the construction of the project designated as Broadway Street Preservation Project, Project No, 0233, (the "Contract") in. Spokane Valley,Washington. The Principal, existing under and by virtue of the laws of the State of Washington and authorized to do business in the State of Washington, and Fidelity and Deposit Company of Maryland organized and existing under the laws of the State of Maryland and authorized to transact business in the State of Washington as Surety, are jointly and severally held and bound unto the City of Spokane Valley, hereinafter called Obligee, and are similarly held and bound unto the beneficiaries of the trust fund created by chapter 60.28 RCW, in the penal sum of 5% of the Contract, which is Twenty One Thousand Two Hundred Twenty One and 21/100 dollars ($ 21,221.21 ),plus 5%of any increases in the Contract amount that have occurred or may occur, due to change orders, increases in the quantities,or the addition of any new item of work. WHEREAS, on the 8th day of June , 20w, the said Principal and Obligee herein executed and entered into the Contract. WHEREAS, said Contract and chapter 60.28 RCW require the Obligee to withhold from the Principal the sum of 5% from monies earned by the Principal on estimates during the progress of the construction, hereinafter referred to as earned retained funds. WHEREAS, the Principal has requested that the Obligee accept a bond in lieu of earned retained funds as allowed under chapter 60.28 RCW. NOW THEREFORE,the condition of the obligation is such that the Principal and.Surety are held and bound unto the beneficiaries of the trust fund created by chapter 60.28 RCW in the aforesaid sum. This bond, including any proceeds therefrom, is subject to all claims and liens and in the same manner and priority as set forth for retained percentages in chapter 60.28 RCW. The condition of this obligation is also such that if the Principal shall satisfy all payment obligations to persons who may lawfully claim under the trust fund purposes of chapter 60.28 RCW to the Obligee, and indemnify and hold the Obligee harmless from any and all loss, costs, and damages that the Obligee may sustain by release of the earned retained funds to the Principal,then upon notification of such satisfaction and release of the Surety by the Obligee,this obligation shall be null and void. PROVIDED HOWEVER,that: I. The Surety shall be liable under this obligation as Principal. The Surety will not be discharged or released from liability for any act,omission or defenses of any kind or nature that would not also discharge Principal. 2. This obligation shall be binding upon and inure to the benefit of the Principal,the Surety,the Obligee,the beneficiaries of the trust fund created by chapter 60.28 RCW and their respective heirs, 1 executors,administrators,successors and assigns. 3. Any suit under this bond must be instituted within the time provided by applicable law. This bond may be executed in two original counterparts, and shall be signed by the parties' duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed and original power of attorney forth office e - 'n_on behalf of the surety. Inland Asphal C n ' Fidelity and Deposit Company of Maryland PRJNCIPA. (C R 1 ri I i SURETY �w` 6/1C/ .61012016 Principal Signature I Da -_ �; —�►:te Al fiughbankk Tina Davis Printed Name Printed Name Chief Estimator Attorney-in-Fact Title Title . Name,address,and telephone of local office/agent of Surety Company is: Marsh USA Inc. 15 W.South Temple,Ste.700 Salt Lake City,UT 84101 801-533-3624 2 SURETY ACKNOWLEDGMENT STATE OF UTAH } COUNTY OF SALT LAKE } SS On this 10th day of JUNE, 2016, before me personally came TINA DAVIS to me known,who, being by me duly sworn, did depose and say that she is an Attorney-In- Fact of FIDELITY AND DEPOSIT COMPANY OF MARYLAND the corporation described in and which executed the within instrument; that she knows the corporate seal of said corporation, that the seal affixed to the within instrument is such corporate seal, and that she signed the said instrument and affixed the said seal as Attorney-In-Fact of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. I N,.._ _A.-e.....______....„ Notary PuAc -,,.,„. LISA F';♦LL "I'''' ''.. Notary 'ubli State of s +,”' R'. Comm. No. 681511 `'? Y My Comm.Expires Mar 13,2019 • ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND • • POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate, constitute, and appoint Tina DAVIS, Lisa HALL, Lindsey PLATTNER and Linda NIPPER, all of Salt Lake City, Utah, EACH its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her namesandaffixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 24th day of November,A.D.2015. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AM)DEPOSIT COMPANY OF MARYLAND O ' , ▪ j.7114 1▪9."9" ifi iA: ..ua..N•o BY Secretary Vice President Michael McKibben Thomas O.McClellan State of Maryland - County of Baltimore On this 24th day of November,A.D.2015,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,THOMAS O.MCCLELLAN,Vice President,and MICHAEL MCKIBBEN,Secretary,of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. 2` .:`itGt,,/�S.:1. N ";..1,i 4, ` : 9 I.Maria D.Adamski,Notary Public My Commission Expires:July 8,2019 - POA-F 020-8022W EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations,undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meetingdulycalled and held on the 15th dayof December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, thisl OTH day of JUNE 20 16 vLKS. ^Y ,z} 10.5 ` 8EAL `i yup!. 1088 OMNI •7 Gerald F.Haley,Vice President l � Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER.THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND,EXTEND.OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW.POLICY LIMITS ARE NO LESS THAN THOSE LISTED,ALTHOUGH POLICIES MAY INCLUDE ADDITIONAL SUBLIMIT/LIMITS NOT LISTED BELOW. This is to Certify that I Inland Asphalt Company CPM Development Corporation dba NAME AND 1*-PO Box 3366 ADDRESLI v��� U1.icl�s Spokane,WA 99220-3366 OF INSURED rI L. _ INSURANCE is,at the issue date of this certificate,insured by the Company under the policy(ies)listed below. The insurance afforded by the listed policy(ies)is subject to all their terms,exclusions and Conditions and is not altered by any requirement,term or condition of any contract or other document with respect to which this certificate may be issued. EXP DATE TYPE OF POLICY 0 CONTINUOUS POLICY NUMBER LIMIT OF LIABILITY 1 0 EXTENDED m POLICY TERM WORKERS 9/1/2016 WA7-C8D-004095-025 COVERAGE AFFORDED UNDER WC EMPLOYERS LIABILITY LAW OF THE FOLLOWING STATES: COMPENSATION -025:All States except OH,ND, Bodily In'tuy by Accident WC7-C81-004095-015 WA,WY 1,000,000 Each.Accident -015:WI Bodily Injury By Disease $1,000,000 Policy t i,nu Bodily Injury By Disease $1,000,000 Each Peron COMMERCIAL General Aggregate 9/1/2016 TB2-C81-004095-115 GENERAL LIABILITY $2,000,000 ��77II -Per Project Aggregate included. Products/Completed Operations Aggregate 0 OCCURRENCE $2,000,000 0 CLAIMS MADE Each Occurrence $2,000,000 RETRO DATE Personal R Advertising Injury $2,000,000 Per Person/Organization Other Other Damaggee�to Premises Rented to Medical Exp:$5,000 You:X750.000 AUTOMOBILE 9/1/2016 AS2-C81-004095-125 Each Accident—Single Limit $2,000,000 BT.And P.D.Combined El OWNED LIABILITY LEach Person Each Accident El NON-OWNED orOccurrence IZIHIRED Each Accident or Occurrence OTHER 9/1/2015-9/1/2016 AS2-C81-054502-525 Physical Damage only Automobile policy -$T0,000 Comp -$10,000 Coll ADDITIONAL COMMENTS RE: Broadway Street Preservation Project,Contract No.16-077 City of Spokane Valley,Wal-Mart Stores,Inc.,their officers,employees,agents and volunteers are included as additional insured with regards to the above referenced project. If the certificate expiration date is continuous or extended term you will be notified if coverage is terminated or reduced before the certificate expiration date. NOTICE OF CANCELLATION:(NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) LibertyMutual BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE, INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE Insurance Group OF SUCH CANCELLATION HAS BEEN MAILED TO: I City of Spokane Valley 1 J �� . �� d t Stan Esposito 11707 E.Sprague,Suite 106 Pittsburgh/0387 AUTHORIZED REPRESENTATIVE a Spokane Valley,WA 99206 12 Federal Street,Ste.310 Pittsburgh PA 15212-5706 412-231-1331 6/20/2016 1 1 OFFICE PHONE DATE ISSUED ! This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies NM 772 07-10 I 26010614 1 15. 44 1 9/15-9/16 - Standard Limits 2/2 1 Nicholas N.isoni 1 8/1.8/2.015 11,47,10 At, (CDT) 1 Page 1 of 1 LDI COI 268896 02 11 POLICY NUMBER:TB2-C81-004095-115 COMVERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to 1. All work, including materials, parts or include as an additional insured the person(s) or equipment furnished in connection with such organization(s) shown in the Schedule, but only with work, on the project (other than service, respect to liability for "bodily injury", 'property maintenance or repairs)to be performed by or damage° or "personal and advertising injury" on behalf of the additional insured(s) at the caused,in whole or in part,by: location of the covered operations has been 1. Your acts or omissions;or completed;or 2. The acts or omissions of those acting on your 2. That portion of "your work" out of which the behalf; injury or damage arises has been put to its in the performance of your ongoing operations for intended use by any person or organization ddronal insured(s) at the location(s) other than another contractor or subcontractor the a designated above. engaged in performing operations for a principal as a part of the same project. However. C. With respect to the insurance afforded to these 1. The insurance afforded to such additional additional insureds, the following is added to insured only applies to the extent permuted by Section pd—Limits Of Insurance: law;and If coverage provided to the additional insured is 2. If coverage provided to the additional insured is required by a contract or agreement, the most we required by a contract or agreement, the will pay on behalf of the additional insured is the insurance afforded to such additional insured will amount of insurance: not be broader than that which you are required 1. Required by the contract or agreement;or by the contract or agreement to provide for such additional insured. 2. Available under the applicable Limits of B. With respect to the insurance afforded to these Insurance shown in the Declarations; additional insureds, the following additional whichever is less. exclusions apply: This endorsement shall not Increase the This insurance does not apply to 'bodily injury" or applicable Limits of Insurance shown in the 'property damage" occurring after. Declarations. SCHEDULE Name Of Additional Insured Person(s) Location(s)Of Covered Operations Or Organization(s): Any owner,lessee,or contractor for whom you have Any location listed in such agreement agreed in writing prior to a loss to provide liability insurance Information required to complete this Schedule,If not shown above, will be shown In the Declarations. CG 2010 0413 ®Insurance Services Office,Inc.,2012 Page 1 of 1 A o® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDMfYY) 06/21/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH USA,INC. PHO PHONE: FAX TWO ALLIANCE CENTER (A/C.No.Ext): (A/C,No): 3560 LENOX ROAD,SUITE 2400 E-MAIL ATLANTA,GA 30326 ADDRESS: i INSURER(S)AFFORDING COVERAGE i NAIC# J34420-OC-UMB-15-16 INSURER A:American Guarantee&Liability Ins Co 26247 INSURED INSURER B: INLAND ASPHALT COMPANY(SPOKANE) PO BOX 3366 INSURER C: SPOKANE,WA 99220 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: ATL-003975642.01 REVISION NUMBER:1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER ' POLICY EFF POLICY EXP ' TYPE OF INSURANCE LTRINSD WVD POLICY NUMBER L(MM/DDIYYYY) (MM/DD/YYYY)... LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE I OCCUR ' PREMISES(Ea occurrence) $ 1 MED EXP(My one person) $ I PERSONAL&ADV INJURY $ GEN!AGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE $ POLICY PRO JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: I $ I COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY I (Ea accident) $ ANY AUTO I ' BODILY INJURY(Per person) $ ALL OWNED -SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS _ NON-OWNED 1 PROPERTY DAMAGE HIRED AUTOS ,. AUTOS (Per accident) $ _ I $ A X UMBRELLA LIAB X OCCUR I AUC655102506 09/01/2015 09/01/2016 EACH OCCURRENCE $ 3,000,000 ,;'• t _ EXCESS LIAB CLAIMS-MADE I I AGGREGATE $ 3,000,000 y _ DED RETENTION$ _ I $ WORKERS COMPENSATION I PER I 1 OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE 1 1 ER ANY PROPRIETOR/PARTNER/EXECUTIVE I N I N I A 1 E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) I EL DISEASE-EA EMPLOYEE$ It yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ I 1 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) RE: BROADWAY STREET PRESERVATION PROJECT,CONTRACT NO.16-077 CITY OF SPOKANE VALLEY,WAL-MART STORES,INC.,THEIR OFFICERS,EMPLOYEES,AGENTS AND VOLUNTEERS ARE INCLUDED AS ADDITIONAL INSURED(S) PER WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION City of Spokane Valley SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 11707 E.Sprague,Suite 106 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Spokane Valley,WA 99206 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee �Ma.vaaeoa. ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 0 Important Notice to Policyholders ZURICH The address for the headquarters of Zurich North America will change after August 1, 2016 due to a relocation of our office in the same city.The new address is: Customer Inquiry Center Zurich North America 1299 Zurich Way Schaumburg, IL 60196 1-800-382-2150 For specific questions regarding your policy, please contact your agent or broker. For other questions, you may contact the Customer Inquiry Center of Zurich North America. Any references to post office boxes previously provided remain unchanged. U-GU-1194-A CW(08/15) Page 1 of 1 Insured Name: OLDCASTLE, INC., CRH, PLC Policy Number: AUC 6551025-06 Effective Date: 09/01/2015 ZURICH THIS DISCLOSURE IS ATTACHED TO AND MADE PART OF YOUR POLICY. DISCLOSURE OF IMPORTANT INFORMATION RELATING TO TERRORISM RISK INSURANCE ACT SCHEDULE* Premium attributable to risk of loss from certified acts of terrorism for lines of insurance subject to TRIA: Not Applicable-Terrorism Exclusion *Any information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Disclosure of Premium In accordance with the federal Terrorism Risk Insurance Act ("TRIA"), as amended, we are required to provide you with a notice disclosing the portion of your premium, if any, attributable to the risk of loss from terrorist acts certified under that Act for lines subject to TRIA. That portion of premium attributable is shown in the Schedule above. The premium shown in the Schedule above is subject to adjustment upon premium audit, if applicable. B. Disclosure of Federal Participation in Payment of Terrorism Losses The United States Government may pay a share of insured losses resulting from an act of terrorism. The federal share will decrease by 5% from 85% to 80% over a five year period while the insurer share increases by the same amount during the same period.The schedule below illustrates the decrease in the federal share: January 1, 2015—December 31, 2015 federal share: 85% January 1, 2016—December 31, 2016 federal share: 84% January 1, 2017—December 31, 2017 federal share: 83% January 1, 2018—December 31, 2018 federal share: 82% January 1, 2019—December 31, 2019 federal share: 81% January 1, 2020—December 31, 2020 federal share: 80% C. Disclosure of$100 Billion Cap on All Insurer and Federal Obligations If aggregate insured losses attributable to terrorist acts certified under TRIA exceed $100 billion in a calendar year (January 1 through December 31)and an insurer has met its deductible under the program, that insurer shall not be liable for the payment of any portion of the amount of such losses that exceeds$100 billion,and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of Treasury. D. Availability As required by TRIA, we have made available to you for lines subject to TRIA coverage for losses resulting from acts of terrorism certified under TRIA with terms,amounts and limitations that do not differ materially from those for losses arising from events other than acts of terrorism. Copyright©2015 Zurich American Insurance Company U-GU-630-D CW(01/15) Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 2 E. Definition of Act of Terrorism under TRIA TRIA defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act ("TRIA"), to be an act of terrorism. The Terrorism Risk Insurance Act provides that the Secretary of Treasury shall certify an act of terrorism: 1. To be an act of terrorism; 2. To be a violent act or an act that is dangerous to human life, property or infrastructure; 3. To have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of Title 49, United States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. To have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or if losses resulting from the act, in the aggregate for insurance subject to TRIA, do not exceed $5,000,000. Copyright©2015 Zurich American Insurance Company U-GU-630-D CW(01/15) Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 2 Insured Name: OLDCASTLE, INC., CRH, PLC Policy Number: AUC 6551025-06 Effective Date: 09/01/2015 ZURICH NOTIFICATION OF IMPORTANT CHANGES RELATING TO TERRORISM RISK INSURANCE ACT To Our Valued Customers: The Terrorism Risk Insurance Program Reauthorization Act of 2007 ("TRIPRA 2007") had been scheduled to expire on December 31, 2014. Congress enacted a six year extension of TRIA entitled, Terrorism Risk Insurance Program Reauthorization Act of 2015 ("TRIPRA 2015"), which will expire on December 31, 2020. For purposes of simplicity we will simply reference the act as TRIA. There are several important changes to TRIA included within the extension of which you should be aware: A. Change in Definition of"Act of Terrorism" Prior to the enactment of the extension legislation, TRIA had required that an "act of terrorism"meant any act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State. However, this has been changed in that certification by the Secretary of the Treasury shall be in consultation with the Secretary of Homeland Security and the United States Attorney General. B. Reduction in the Federal Share of Terrorism Losses by Increasing the Insurer Co-Pay from 15%to 20% Over Five Years The United States Government may pay a share of insured losses resulting from an act of terrorism. The federal share will decrease by 5% from 85% to 80% over a five year period while the insurer share increases by the same amount during the same period. The schedule below illustrates the decrease in the federal share: January 1, 2015—December 31, 2015 federal share: 85% January 1, 2016—December 31, 2016 federal share: 84% January 1, 2017—December 31, 2017 federal share: 83% January 1, 2018—December 31, 2018 federal share: 82% January 1, 2019—December 31, 2019 federal share: 81% January 1, 2020—December 31, 2020 federal share: 80% C. The Current Program Trigger for Aggregate Industry Insured Losses Will Increase from $100 Million to $200 Million Over Five Years The extension of TRIA increases the Program trigger from $100 million to $200 million over a five year period. This means that the Program trigger will increase by $20 million with respect to any such insured losses occurring in calendar year 2016 and continue to increase by $20 million until calendar year 2020. At the end of this five year period the Program trigger will be$200 million. D. Increases in the Recoupment of the Federal Share of Insured Losses The extension of TRIA increases the amount used to calculate marketplace aggregate retention from $27.5 billion to $37.5 billion in $2 billion increments beginning in the calendar year 2015 and reaching $37.5 billion in calendar year 2019. Beginning in calendar year 2020 the TRIA extension revises the mandatory recoupment amount to be the amount equal to the annual average of the sum of insurer deductibles for all insurers participating in the Program for the prior three calendar years, with such amount to be determined annually by the Secretary of the Treasury. Under the TRIA extension,the recoupment of mandatory recoupment amounts has increased from 133%to 140%. Copyright©2015 Zurich American Insurance Company U-GU-766-B CW(01/15) Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 1 0 Disclosure Statement ZURICH It is our pleasure to present the enclosed policy to you for presentation to your customer. INSTRUCTION TO AGENT OR BROKER: WE REQUIRE THAT YOU TRANSMIT THE ATTACHED/ENCLOSED DISCLOSURE STATEMENT TO THE CUSTOMER WITH THE POLICY. Once again, thank you for your interest, and we look forward to meeting your needs and those of your customers. U-GU-873-A CW(06/11) Page 1 of 1 0 Disclosure Statement ZURICH NOTICE OF DISCLOSURE FOR AGENT&BROKER COMPENSATION If you want to learn more about the compensation Zurich pays agents and brokers visit: http://www.zurichnaproducercompensation.com or call the following toll-free number: (866)903-1192. This Notice is provided on behalf of Zurich American Insurance Company and its underwriting subsidiaries. U-GU-874-A CW(06/11) Page 1 of 1 0 Commercial Umbrella Liability Policy ZURICH Declarations Insurance is provided by the company below. American Guarantee and Liability Insurance Company Policy Number: AUC 6551025-06 Renewal of Number: AUC 6551025-05 1. Named Insured: OLDCASTLE, INC., CRH, PLC Producer: MARSH USA INC 2. Mailing Address: 900 Ashwood Parkway, Suite 600 3560 LENOX RD NE STE 2400 Atlanta, GA 30338 ALLIANCE CENTER TWO ATLANTA, GA 30326-4266 Email Address: LICENSING.SUPPORT@MARSH.COM 3. Policy Period: From: 09/01/2015 To: 09/01/2016 at 12:01 A.M. Standard Time at the address of the Named Insured. 4. Limits of Insurance: A. $24,000,000 Occurrence B. $24,000,000 Other Aggregate C. $24,000,000 Products/Completed Operations Aggregate D. $250,000 Casualty Business Crisis Aggregate Limit 5. Retained Limit: $0 Occurrence 6. Policy Premium: Advance Premium $6,603,500 Policy Minimum Earned Premium $1,650,875 7. Schedule of Underlying Insurance: See attached Schedule of Underlying Insurance 8. Endorsements Attached: See attached Schedule of Forms and Endorsements U-UMB-D-101-C CW(03/10) Page 1 of 1 0 Schedule of Forms and Endorsements ZURICH Policy No. Eff.Date of Pol. Exp.Date of Pol. Eff.Date of End. Producer Add9 Prem. Return Prem. AUC 6551025-06 09/01/2015 09/01/2016 09/01/2015 28235000 Named Insured and Mailing Address: Producer: OLDCASTLE, INC., CRH, PLC MARSH USA INC 900 Ashwood Parkway, Suite 600 3560 LENOX RD NE STE 2400 ALLIANCE CENTER Atlanta, GA 30338 TWO ATLANTA, GA 30326-4266 Form Name Form Number Edition Date Disclosure of Important Information Relating to Terrorism U-GU-630-D CW (01/15) Risk Insurance Act Commercial Umbrella Liability Policy Declarations U-UMB-D-101-C CW (03/10) Schedule of Underlying Insurance U-UMB-105-A CW (07/99) Extended Schedule of Underlying Insurance U-UMB-106-A CW (07/99) Commercial Umbrella Liability Policy U-UMB-103-C CW (03/10) Certified Acts of Terrorism Exclusion-Coverages A& B U-UMB-400-C CW (01/15) Designated Entity(ies) Exclusion U-UMB-146-B CW (07/03) Employee Benefits Liability Follow Form U-UMB-167-B CW (07/03) Foreign Operations Follow Form U-UMB-183-A CW (07/99) Non-Cumulation Of Limits Endorsement U-UMB-209-C CW (03/10) USLH/Jones Act Follow Form U-UMB-258-A CW (07/99) Named Insured Definition -Coverage B U-UMB-427-B CW (03/10) Silica or Silica Mixed Dust Injury Exclusion U-UMB-515-A CW (03/05) Contractors Limitation Endorsement-Limited Operations U-UMB-607-B CW (01/14) Coverage-Work Excluded Under A Consolidated (Wrap Up) Insurance Program Notification to Others of Cancellation or Nonrenewal U-UMB-667-B (05/10) Law Governing Insurability of Punitive Damages Condition U-UMB-700-A CW (05/10) Named Insured U-UMB-200-A CW (07/99) U-UMB-104-A CW(07/99) Page 1 of 2 Absolute Pollution Exclusion (with Blended Discovery and U-UMB-200-A CW (07/99) Reporting, Named Perils amd Products-Compl Known Loss Exclusion Yeager Airport 15-16 U-UMB 200-A CW (07/99) Knowledge of Occurrence U-UMB-200-A CW (07/99) Qualified Entity Definition-Amended U-UMB-200-A CW (07/99) Non-Concurrency Endorsement U-UMB-200-A CW (07/99) Currency Clause U-UMB-200-A CW (07/99) Other Insurance Amended U-UMB-200-A CW (05/10) MCS 90 U-UMB-200-A CW (07/99) Watercraft Liability Follow Form U-UMB-200-A CW (07/99) Interlocking & Hold Harmless Endorsement U-UMB-200-A CW (01/12) Sanctions Exclusion Endorsement U-GU-1191-A CW (03/15) Important Notice- In Witness Clause U-GU-319-F CW (01/09) Georgia Nonrenewal U-UMB-271-B GA (04/10) Exclusion-Recording And Distribution Of Material Or U-UMB-525-F CW (01/14) Information In Violation Of Law Umbrella Amendatory Endorsement U-UMB-906-A CW (01/14) U-UMB-104-A CW(07/99) Page 2 of 2 0 Schedule of Underlying Insurance ZURICH Policy No. Eff.Date of Pol. Exp.Date of Pol. Eff.Date of End. Producer Add'I Prem. Return Prem. AUC 6551025-06 09/01/2015 09/01/2016 09/01/2015 28235000 Named Insured and Mailing Address: Producer: OLDCASTLE, INC., CRH, PLC MARSH USA INC 900 Ashwood Parkway, Suite 600 3560 LENOX RD NE STE 2400 ALLIANCE CENTER Atlanta, GA 30338 TWO ATLANTA, GA 30326-4266 Company,Policy No.and Term Coverage Applicable Limits A. Company: Liberty Mutual Fire Insurance Commercial General $2,000,000 Premises-Each Company Liability Occurrence Policy No: TB2-C81-0049095-115 GL for Oldcastle, Inc. $2,000,000 Products/ Completed Ops- Each Occurrence Term: 09/01/2015 to 09/01/2016 $10,000,000 Products/ Completed Operations Aggregate $10,000,000 General Aggregate $2,000,000 Personal lnjury/ Advertising Injury Including Employee $2,000,000 Employee Benefits- Benefits Each Claim $2,000,000 Employee Benefits- General Aggregate Company,Policy No.and Term Coverage Applicable Limits B. Company: Liberty Mutual Fire Insurance Commercial Auto Liability $2,000,000 Combined Single Company Limit Policy No: AS2-C81-004095-125 Auto Liability Term: 09/01/2015 to 09/01/2016 Company,Policy No.and Term Coverage Applicable Limits C. Company: Liberty Insurance Corporation Employers Liability $1,000,000 Bodily Injury By Accident- Each Accident Policy No: WA7-C8D-004095-025 (All Other States), $1,000,000 Bodily Injury By MEL, FEL Disease- Each Employee U-UMB-105-A CW(07/99) Page 1 of 2 Term: 09/01/2015 to 09/01/2016 $1,000,000 Bodily Injury By Disease- Policy Limit U-UMB-105-A CW(07/99) Page 2 of 2 0 Extended Schedule of Underlying Insurance ZURICH Policy No. Eff.Date of Pol. Exp.Date of Pol. Eff.Date of End. Producer Add'I Prem. Return Prem. AUC 6551025-06 09/01/2015 09/01/2016 09/01/2015 28235000 Named Insured and Mailing Address: Producer: OLDCASTLE, INC., CRH, PLC MARSH USA INC 900 Ashwood Parkway, Suite 600 3560 LENOX RD NE STE 2400 ALLIANCE CENTER Atlanta, GA 30338 TWO ATLANTA, GA 30326-4266 Company,Policy No.and Term Coverage Applicable Limits Company: Liberty Mutual Fire Insurance Commercial General $2,000,000 Premises- Each Company Liability Occurrence Policy No: TB2-681-054836-465 JV between Scioto $2,000,000 Products/ Materials/Kokosing Completed Ops- Each Occurrence Term: 09/01/2015 to 09/01/2016 $4,000,000 Products/ Completed Operations Aggregate $4,000,000 General Aggregate $2,000,000 Personal Injury/ Advertising Injury Company,Policy No.and Term Coverage Applicable Limits Company: Westfield Insurance Company Commercial General $2,000,000 Premises-Each Liability Occurrence Policy No: TRA3223998 JV between Camden $2,000,000 Products/ Completed Ops- Each Occurrence Term: 09/01/2015 to 09/01/2016 $4,000,000 Products/ Completed Operations Aggregate $4,000,000 General Aggregate $2,000,000 Personal Injury/ Advertising Injury U-UMB-106-A CW(07/99) Page 1 of 5 Company,Policy No.and Term Coverage Applicable Limits Company: Liberty Mutual Fire Insurance Commercial General $2,000,000 Premises- Each Company Liability Occurrence Policy No: TB2-681-025010-025 JV Cadillac Asphalt $2,000,000 Products/ Completed Ops- Each Occurrence Term: 09/01/2015 to 09/01/2016 $5,000,000 Products/ Completed Operations Aggregate $5,000,000 General Aggregate $2,000,000 Personal Injury/ Advertising Injury Company,Policy No.and Term Coverage Applicable Limits Company: Liberty Mutual Fire Insurance Commercial Auto Liability $1,000,000 Combined Single Company Limit Policy No: AS2-681-054836-425 JV between Scioto Materials/Kokosing Term: 09/01/2015 to 09/01/2016 Company,Policy No.and Term Coverage Applicable Limits Company: Westfield Insurance Company Commercial Auto Liability $2,000,000 Combined Single Limit Policy No: TRA3223998 JV between Camden Term: 09/01/2015 to 09/01/2016 Company,Policy No.and Term Coverage Applicable Limits Company: Liberty Mutual Fire Insurance Commercial Auto Liability $2,000,000 Combined Single Company Limit Policy No: AS2-681-025010-015 JV-Cadillac Asphalt Term: 09/01/2015 to 09/01/2016 Company,Policy No.and Term Coverage Applicable Limits Company: Liberty Insurance Corporation Employers Liability $1,000,000 Bodily Injury By Accident-Each Accident Policy No: WC7-C81-004095-015 (WI) $1,000,000 Bodily Injury By Disease- Each Employee U-UMB-106-A CW(07/99) Page 2 of 5 Term: 09/01/2015 to 09/01/2016 $1,000,000 Bodily Injury By Disease- Policy Limit Company,Policy No.and Term Coverage Applicable Limits Company: Liberty Mutual Insurance Employers Liability $1,000,000 Bodily Injury By Corporation Accident-Each Accident Policy No: EW7-68N-004095-345 (WA) $1,000,000 Bodily Injury By Disease- Each Employee Term: 09/01/2015 to 09/01/2016 $1,000,000 Bodily Injury By Disease-Policy Limit Company,Policy No.and Term Coverage Applicable Limits Company: Liberty Mutual Insurance Employers Liability $1,000,000 Bodily Injury By Company Accident- Each Accident Policy No: EW1-68N-025031-015 (NY) $1,000,000 Bodily Injury By Disease- Each Employee Term: 09/01/2015 to 09/01/2016 $1,000,000 Bodily Injury By Disease-Policy Limit Company,Policy No.and Term Coverage Applicable Limits Company: Liberty Mutual Insurance Employers Liability $1,000,000 Bodily Injury By Company Accident- Each Accident Policy No: EW5-68N-035719-325 (OH, MI) $1,000,000 Bodily Injury By Disease- Each Employee Term: 09/01/2015 to 09/01/2016 $1,000,000 Bodily Injury By Disease- Policy Limit Company,Policy No.and Term Coverage Applicable Limits Company: Liberty Insurance Corporation Employers Liability $1,000,000 Bodily Injury By Accident- Each Accident Policy No: WA7-68D-025010-975 JV Cadillac Asphalt $1,000,000 Bodily Injury By Disease- Each Employee Term: 09/01/2015 to 09/01/2016 $1,000,000 Bodily Injury By Disease- Policy Limit Company,Policy No.and Term Coverage Applicable Limits U-UMB-106-A CW(07/99) Page 3 of 5 Company: Brickstreet Insurance Company Employers Liability $1,000,000 Bodily Injury By Accident-Each Accident Policy No: WCB1005725 West VA State Only $1,000,000 Bodily Injury By West VA Paving Co. Disease- Each Employee Term: 07/01/2015 to 07/01/2016 $1,000,000 Bodily Injury By Disease-Policy Limit Company,Policy No.and Term Coverage Applicable Limits Company: Argonaut Insurance Company Employers Liability $1,000,000 Bodily Injury By Accident-Each Accident Policy No: WC927928361384 West VA State Only; $1,000,000 Bodily Injury By West VA Paving Disease- Each Company Employee Term: 07/01/2015 to 07/01/2016 $1,000,000 Bodily Injury By Disease-Policy Limit Company,Policy No.and Term Coverage Applicable Limits Company: XL Insurance Company Ltd Umbrella Worldwide Umbrella excluding US &Canada Policy No: GB00010400LI15A Worldwide Umbrella excluding U.S. & Canada Term: 02/01/2015 to 01/31/2016 $13,000,000 Any One Occurrence-Euros Company,Policy No.and Term Coverage Applicable Limits Company: Scottsdale Excess -JV between Dunn/APAC Policy No: XLS0084196 Excess-JV between Dunn/APAC Term: 09/01/2014 to 11/30/2015 $15,000,000 Each Occurrence or Accident Company,Policy No.and Term Coverage Applicable Limits Company: XL Specialty Insurance Aircraft Liability Company Policy No: UA00004565AV15A Aircraft Liability-Staker &Parson Term: 02/04/2015 to 02/04/2016 U-UMB-106-A CW(07/99) Page 4 of 5 $25,000,000 BI and PD incl Passengers Liability Company,Policy No.and Term Coverage Applicable Limits Company: StarNet Insurance Company- Excess Marine Liability 50% Q/S/LIU 50%Q/S Policy No: NYI5LIA95707601 Southern West Virginia Asphalt, Inc. Term: 07/20/2015 to 07/20/2016 $25,000,000 Each Occurrence Company,Policy No.and Term Coverage Applicable Limits Company: AGCS Marine Insurance Excess Marine Liability Company-50% Q/S/LIU 50% Q/S Policy No: NY15LIA95707501 Shelly Materials, Inc. d/b/a Price Inland Terminal; SMI Marine Transportati Term: 07/20/2015 to 07/20/2016 $25,000,000 Each Occurrence U-UMB-106-A CW(07/99) Page 5 of 5 0 ZURICH Commercial Umbrella Liability Policy Zurich North America Insurance is provided by the company designated on the Declarations of this policy. U-UMB-100-B CW(07/03) Page 1 of 1 0 Commercial Umbrella Liability Policy ZURICH There are provisions in this policy that restrict coverage. Read the entire policy carefully to determine your rights, duties and what is and is not covered. Throughout this policy the words "you"and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a named insured under this policy. The words "we", "us" and "our" refer to the company providing this insurance. The word insured means any person or organization qualifying as such in SECTION V. DEFINITIONS of this policy. Words and phrases that are printed in bold-face type are defined in this policy. These definitions are found in SECTION V. DEFINITIONS of this policy or in the specific policy provision where they appear. In consideration of the payment of the premium and in reliance upon the statements in the Declarations and in accordance with the provisions of this policy we agree with you to provide coverage as follows: Insuring Agreements SECTION I. COVERAGE A. Coverage A-Excess Follow Form Liability Insurance . Under Coverage A, we will pay on behalf of the insured those damages covered by this insurance in excess of the total applicable limits of underlying insurance. With respect to Coverage A,this policy includes: 1. The terms and conditions of underlying insurance to the extent such terms and conditions are not inconsistent or do not conflict with the terms and conditions referred to in Paragraph 2. below; and 2. The terms and conditions that apply to Coverage A of this policy. Notwithstanding anything to the contrary contained above, if underlying insurance does not apply to damages, for reasons other than exhaustion of applicable Limits of Insurance by payment of loss, then Coverage A does not apply to such damages. Also, Coverage A does not apply to any form of casualty business crisis expense insurance even if such insurance is afforded under underlying insurance or would have been afforded except for the exhaustion of the Limits of Insurance of underlying insurance. B. Coverage B -Umbrella Liability Insurance Under Coverage B, we will pay on behalf of the insured those damages the insured becomes legally obligated to pay by reason of liability: 1. Imposed by law because of bodily injury, property damage, or personal and advertising injury; or 2. Assumed under an insured contract because of bodily injury or property damage; covered by this insurance but only if the injury,damage or offense arises out of your business, takes place during the policy period of this policy and is caused by an occurrence happening anywhere. We will pay such damages in excess of the Retained Limit specified in Item 5. of the Declarations or the amount payable by other insurance, whichever is greater. Coverage B does not apply to any loss, claim or suit for which insurance is afforded under underlying insurance or would have been afforded except for the exhaustion of the Limits of Insurance of underlying insurance. The amount we will pay for loss under Coverage A or Coverage B is limited as described in SECTION II. LIMITS OF INSURANCE. We have no obligation under Coverage A and/or Coverage B with respect to any settlement made without our consent. The insurance afforded under Coverage A and Coverage B applies to bodily injury or property damage only if prior to the policy period, no designated insured knew that the bodily injury or property damage had occurred, in whole or in part. If such a designated insured knew, prior to the policy period, that the bodily injury or property damage occurred, then any continuation, change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. U-UMB-103-C CW(03/10) Page 1 of 19 Bodily injury or property damage which occurs during the policy period and was not, prior to the policy period, known to have occurred by any designated insured includes any continuation, change or resumption of that bodily injury or property damage after the policy period; and Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any designated insured: 1. Reports all, or any part, of the bodily injury or property damage to us or any other insurer; 2. Receives a written or verbal demand or claim for damages because of the bodily injury or property damage; or 3. Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. C. Coverage C -Casualty Business Crisis Expense Under Coverage C, we will pay for casualty business crisis expense regardless of fault arising from a casualty business crisis first commencing during the policy period. No underlying insurance or Retained Limit applies to Coverage C. Subject to the other terms and conditions of this coverage, we shall pay casualty business crisis expense from the first dollar of such expense. The amount we will pay for casualty business crisis expense under Coverage C is limited as described in SECTION II. LIMITS OF INSURANCE. Any amounts that we pay under Coverage C will not obligate us in any way under Coverage A or Coverage B. SECTION II. LIMITS OF INSURANCE A. With respect to Coverage A and Coverage B, the Limits of Insurance shown in the Declarations and the rules below describe the most we will pay, regardless of the number of: 1. Insureds; 2. Claims made or suits brought; 3. Coverages provided under this policy; or 4. Persons or organizations making claims or bringing suits. B. The Limits of Insurance of this policy will apply as follows: 1. The limit stated in Item 4.B. of the Declarations for the Other Aggregate is the most we will pay for all loss under Coverage A and Coverage B combined except for: a. Loss covered under the products-completed operations hazard; and b. Loss covered in underlying insurance to which no underlying aggregate limit applies. In addition,with respect to Coverage A only, if a policy listed on the Schedule of Underlying Insurance contains aggregate limits, other than an aggregate limit applying to the products-completed operations hazard, the Other Aggregate limit stated in Item 4.B. of the Declarations will apply in the same manner as such other aggregate limits of each policy listed in the Schedule of Underlying Insurance. 2. The limit stated in Item 4.C. of the Declarations for the Products-Completed Operations Aggregate is the most we will pay for all loss under both Coverage A and Coverage B combined as a result of bodily injury or property damage included within the products-completed operations hazard. 3. Subject to Paragraph B.1. or B.2.above, whichever applies, the limit stated in Item 4.A. of the Declarations for Occurrence is the most we will pay for all loss arising out of any one occurrence, even if such loss is covered, in whole or in part, under both Coverage A and Coverage B. C. Coverage A applies only in excess of the greater of the actual Limits of Insurance of underlying insurance or the Limits of Insurance shown on the Schedule of Underlying Insurance forming a part of this policy. D. With respect to Coverage C, the limit stated as the Casualty Business Crisis Expense Aggregate Limit in Item 4.D. of the Declarations is the most we will pay for all casualty business crisis expense first commencing during the policy period. This limit is in addition to, and casualty business crisis expense does not reduce or exhaust, any other Limit of Insurance applicable to this policy. U-UMB-103-C CW(03/10) Page 2 of 19 E. The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the preceding period for purposes of determining the Limits of Insurance. F. With respect to Coverage A only and subject to paragraphs B.1., B.2., B.3.and C.above: 1. If the limits of underlying insurance have been reduced solely by payment of loss for which coverage is afforded under this policy, this policy will drop down to become immediately excess of the reduced underlying limit; or 2. If the limits of underlying insurance have been exhausted solely by payment of loss for which coverage is afforded under this policy, this policy will continue in force as underlying insurance. SECTION III. DEFENSE AND SUPPLEMENTARY PAYMENTS A. We have the right and duty to assume control of the investigation and settlement of any claim,or defense of any suit against the insured for damages covered by this policy: 1. Under Coverage A, when the applicable limit of underlying insurance and other insurance has been exhausted by payment of loss for which coverage is afforded under this policy; or 2. Under Coverage B, when damages are sought for bodily injury, property damage, or personal and advertising injury to which no underlying insurance or other insurance applies. B. Under Coverage C, we do not assume any duty to control the investigation and settlement of any claim, or defense of any suit that may arise from a covered casualty business crisis. C. In those circumstances where paragraph A. above applies we will pay our expenses and the following to the extent that they are not included in underlying insurance: 1. Up to$2,000 for the cost of bail bonds. We do not have to furnish these bonds. 2. The cost of bonds to release attachments, but only for bond amounts within the amount of insurance available. We do not have to furnish these bonds. 3. Reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit, including actual loss of earnings because of time off from work. 4. All court costs taxed against the insured in the suit. However, these payments do not include attorneys' fees or attorneys'expenses taxed against the insured. 5. Pre-judgment interest awarded against the insured on that part of the judgment we pay. However, if we make an offer to pay the applicable Limit of Insurance, we will not pay any pre-judgment interest based on that period of time after the offer. 6. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court that part of the judgment that is within the applicable Limits of Insurance. When our expenses and the payments described in paragraph C. above are not included in the definition of loss, they will not reduce the Limits of Insurance. D. In those circumstances where paragraph A. above does not apply, we do not have the duty to assume control of the investigation and settlement of any claim, or defense of any suit against the insured. We do, however, have the right to participate in the investigation and settlement of any claim, or defense of any suit that we feel may create liability on our part under the terms of this policy. If we exercise this right,we will do so at our expense. We will not investigate and settle any claim, or defend any suit after we have exhausted the applicable Limit of Insurance as stated in Item 4.of the Declarations. If we are prevented by law from carrying out the provisions of Section III. Paragraph A.above, we will pay any expense incurred with our consent. SECTION IV. EXCLUSIONS A. Under Coverage A and Coverage B,this policy does not apply to any liability, damage, loss, cost or expense: ASBESTOS 1. Arising out of or relating in any way to: U-UMB-103-C CW(03/10) Page 3 of 19 a. Asbestos or which would not have occurred in whole or in part but for the actual, alleged or threatened discharge, dispersal, release, leakage, leaching, friability, flaking escape or presence of asbestos, regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to the injury or damage; or b. Any: (1) Request, demand, order, statutory or regulatory requirement, direction or determination, that any insured or others test for, investigate, monitor, clean up, remove, study, contain, treat, encapsulate, control or take any other action regarding asbestos; or (2) Claim or suit for damages arising out of or relating in any way to any request, demand, order, statutory or regulatory requirement, direction or determination than any insured or others test for, investigate, monitor, clean up, remove, study, contain, treat, encapsulate, control or take any other action regarding asbestos. EMPLOYMENT PRACTICES 2. Arising out of any bodily injury or personal and advertising injury to: a. A person arising out of any: (1) Failure to employ or promote that person; (2) Termination of that person's employment, including actual or alleged constructive dismissal; (3) Employment-related practices, policies, acts or omissions, including but not limited to injury arising from coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, molestation, humiliation, retaliation, hostile work environment, discrimination or malicious prosecution directed at that person; or b. The spouse, domestic partner, child, parent, brother or sister of that person as a consequence of any bodily injury or personal and advertising injury to that person at whom any of the employment related practices described in subparagraphs(1), (2)or(3)above is directed. This exclusion applies: a. Whether the injury causing event described in paragraph 2.a. above occurs before employment, during employment or after employment of that person; b. Whether the insured may be held liable as an employer or in any other capacity; or c. To any obligation to share damages with or repay someone who must pay damages because of the injury. LAWS, MISCELLANEOUS 3. Under any of the following: a. Any uninsured/underinsured motorist or auto no-fault or first party personal injury law; b. Any workers' compensation, unemployment compensation, or disability benefits law or any similar law; or c. The Employees' Retirement Income Security Act(E.R.I.S.A.)of 1974 as now or hereafter amended. LOSS OF, OR LOSS OF USE OF INTANGIBLE PROPERTY 4. Arising out of the loss of, loss of use of, damage to, corruption of, inability to access,or inability to manipulate or process intangible property. For purposes of this insurance,electronic data is intangible property. NUCLEAR 5. a. With respect to which any insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors,or would be an insured under any such policy but for its termination upon exhaustion of its Limits of Insurance; or b. Resulting from the hazardous properties of nuclear material and with respect to which: (1) A person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof; or U-UMB-103-C CW(03/10) Page 4 of 19 (2) Any insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof,with any person or organization; or c. Any injury or nuclear property damage resulting from the hazardous properties of nuclear material, if: (1) The nuclear material: (a) Is at any nuclear facility owned by, or operated by or on behalf of, any insured; (b) Has been discharged or dispersed therefrom; (2) The nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored,transported or disposed of by or on behalf of any insured; or (3) The injury or nuclear property damage arises out of the furnishing by any insured of services, materials, parts or equipment in connection with the planning, construction, maintenance operation or use of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this subparagraph (3)applies only to nuclear property damage to such nuclear facility and any property thereat. As used in this exclusion: a. Hazardous properties include radioactive, toxic or explosive properties. b. Nuclear Facility means: (1) Any nuclear reactor; (2) Any equipment or device designed or used for: (a) Separating the isotopes of uranium or plutonium, (b) Processing or utilizing spent fuel, or (c) Handling, processing or packaging waste; (3) Any equipment or device used for the processing,fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of any insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; or (4) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations. c. Nuclear material means source material,special nuclear material or by-product material. d. Nuclear property damage includes all forms of radioactive contamination of property. e. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. f. Source material, special nuclear material and by-product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. g. Spent fuel means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor. h. Waste means any waste material: (1) Containing by-product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content; and (2) Resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. VIOLATION OF STATUTES 6. Resulting from or arising directly or indirectly out of any action or omission that violates or is alleged to violate: a. The Telephone Consumer Protection Act(TCPA), including any amendment of or addition to such law; U-UMB-103-C CW(03/10) Page 5 of 19 b. The CAN-SPAM Act of 2003, including any amendment of or addition to such law; c. The Fair Credit Reporting Act (FCRA) and any amendment or addition to such law including the Fair and Accurate Credit Transactions Act(FACTA); or d. Any federal, state or local statute, ordinance, or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. WAR AND MILITARY ACTION 7. Arising directly or indirectly out of: a. War, including undeclared or civil war; b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these, regardless of any other cause or event that contributes concurrently or in any sequence to injury or damage. B. Under Coverage A this policy does not apply to any liability, damage, loss, cost or expense: POLLUTION 1. Arising directly or indirectly out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants: a. At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However,this subparagraph does not apply to: (1) Bodily injury if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (2) Bodily injury or property damage for which you may be held liable, if you are a contractor, and the owner or lessee of such premises, site or location has been added to underlying insurance as an additional insured with respect to your ongoing operations performed for that additional insured at that premises,site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or (3) Bodily injury or property damage arising out of heat, smoke or fumes from a hostile fire; b. At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; c. Which are or were at any time transported, handled,stored,treated,disposed of,or processed as waste by or for any insured or any person or organization for whom you maybe legally responsible; or d. At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the pollutants are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However,this subparagraph does not apply to: (1) Bodily injury or property damage arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts, if such fuels, lubricants or other operation fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor; (2) Bodily injury or property damage sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; U-UMB-103-C CW(03/10) Page 6 of 19 (3) Bodily injury or property damage arising out of heat, smoke or fumes from a hostile fire. e. At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, pollutants. f. That are, or that are contained in any property that is: (1) Being transported or towed by, handled, or handled for movement into, onto or from, any auto for which coverage is provided by underlying insurance; (2) Otherwise in the course of transit by or on behalf of any insured; or (3) Being stored, disposed of,treated or processed in or upon any auto. However,this subparagraph f.does not apply to bodily injury or property damage arising out of: (i) The escape of fuels, lubricants, other operating fluids, exhaust gases or other similar pollutants that are needed for or result from the normal electrical, hydraulic or mechanical functioning of a covered auto; or (ii) The escape of pollutants from a covered auto that directly results from the collision, upset or overturn of such auto while in the course of transit away from any premises owned by or rented to any insured. 2. Arising out of any: a. Request,demand,order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, pollutants; or b. Claim or suit brought by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of,pollutants. C. Under Coverage B this policy does not apply to: AIRCRAFT,AUTOS OR WATERCRAFT 1. Any liability, damage, loss, cost or expense arising out of the ownership, maintenance, operation, use, loading or unloading or entrustment to others of any a. Aircraft owned by you or rented, loaned or chartered by or on behalf of you without crew; b. Auto; or c. Watercraft owned by you except watercraft while ashore on premises you own or rent. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured. EMPLOYEE INJURY 2. Any injury to: a. An employee of the insured arising out of and in the course of: (1) Employment by the insured; or (2) Performing duties related to the conduct of the insured's business; or b. Any injury to the spouse, domestic partner, child, parent, brother, or sister of that employee as a consequence of exclusion 2.a.above. This exclusion applies whether the insured may be liable as an employer or in any other capacity, or to any obligation to share damages with or repay someone else who must pay damages because of an injury. IMPAIRED PROPERTY 3. Property damage to impaired property or property that has not been physically injured arising out of: a. A defect, deficiency, inadequacy or dangerous condition in your product or your work; or U-UMB-103-C CW(03/10) Page 7 of 19 b. A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. INTENTIONAL INJURY 4. Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. PERSONAL and ADVERTISING INJURY 5. Personal and advertising injury: a. Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury; b. Arising out of oral or written publication of material, if done by or at the direction of the insured with knowledge of its falsity; c. Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period; d. Arising out of a criminal act committed by or at the direction of any insured; e. For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement; f. Arising out of a breach of contract, except an implied contract to use another's advertising idea in your advertisement; g. Arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your advertisement; h. Arising out of the wrong description of the price of goods, products or services stated in your advertisement; i. Arising out of the infringement of copyright, patent, trademark, trade secret, trade dress, slogan or other intellectual property rights. However, this exclusion does not apply to infringement of copyright, trade dress or slogan in your advertisement; j. Committed by an insured whose business is: (1) Advertising, broadcasting, publishing, electronic publishing or telecasting; (2) Designing or determining content of web-sites for others; or (3) An Internet search, access or content provider. However, this exclusion 5.j., does not apply to sub-paragraphs C., 12. a., b., c. and h. of personal and advertising injury under SECTION V. DEFINITIONS. For purposes of this exclusion 5.j., the placing of frames, borders or links,or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting; k. Arising out of an electronic chatroom or bulletin board the insured hosts, owns or over which the insured exercises control; or I. Arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead another's potential customers. POLLUTION 6. Any liability, damage, loss, cost or expense: a. Arising directly or indirectly out of the actual, alleged or threatened existence, discharge, seepage, migration, dispersal, release or escape of pollutants; or b. Arising out of any: U-UMB-103-C CW(03/10) Page 8 of 19 (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean-up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants; or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing_for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of pollutants. PRODUCT RECALL 7. Damages claimed for any loss, cost or expense incurred by you or others for the loss of use,withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: a. Your product; b. Your work; or c. Impaired property; if such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy, or dangerous condition in it. PROPERTY DAMAGE 8. Property damage to: a. Property you own, rent or occupy, including any costs or expenses incurred by you, or any person or organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; b. Premises you sell, give away or abandon if the property damage arises out of any part of those premises; c. Property loaned to you; d. Personal property in your care, custody or control; e. That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the property damage arises out of those operations; f. That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it; g. Your product arising out of it or any part of it; or h. Your work arising out of it or any part of it and included in the products-completed operations hazard. D. Under Coverage C, this policy does not apply to any casualty business crisis arising out of, based upon or attributable to: PRIOR NOTICE 1. Facts alleged, or to the same or related acts alleged or contained, in any crisis, claim or suit that has been reported, or in any circumstances where notice has been given under any policy of which this policy or any underlying insurance is a renewal or replacement; or PENDING OR PRIOR CRISIS CLAIM OR SUIT 2. Any pending or prior claim or suit as of the inception date of this policy. SECTION V. DEFINITIONS In this policy,words and phrases appearing in bold face type have the definitions shown below. A. The following definitions are applicable to Coverage A, Coverage B and Coverage C. 1. Designated insured means: a. The person(s) and organization(s) specifically described under SECTION V. DEFINITIONS, sub-paragraphs C.6.a. through C.6.e. below for any insured; or b. Any employee authorized by you to give or receive notice of an occurrence, claim or suit. U-UMB-103-C CW(03/10) Page 9 of 19 2. Electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 3. Loss means those sums actually paid that the insured is legally obligated to pay as damages for the settlement or satisfaction of a claim because of injury or offense, after making proper deductions for all recoveries and salvage. However: a. Under Coverage A: (1) Loss also includes defense expenses and supplementary payments if underlying insurance includes defense expenses and supplementary payments in the Limits of Insurance; and (2) Loss does not include defense expenses and supplementary payments if underlying insurance does not include defense expenses and supplementary payments in the Limits of Insurance. b. Under Coverage B., loss does not include defense expenses and supplementary payments. 4. Other insurance means a policy of insurance providing coverage that this policy also provides. Other insurance includes any type of self-insurance or other mechanisms by which an insured arranges for funding of legal liabilities. Other insurance does not include underlying insurance or a policy of insurance specifically purchased to be excess of this policy providing coverage that this policy also provides. 5. Pollutants mean any man-made or naturally occurring solid, liquid, gaseous or thermal irritant or contaminant, including but not limited to: smoke; vapor; soot; fumes; acids; alkalis; chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 6. Suit means a civil proceeding in which injuries or damages to which this insurance applies are alleged. Suit includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit pursuant to law or contract or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 7. Underlying insurance means the policy or policies of insurance listed in the Schedule of Underlying Insurance forming a part of this policy. We will only be liable for amounts in excess of the Limits of Insurance shown in the Schedule of Underlying Insurance for any underlying insurance. B. The following definitions are applicable to Coverage A only: 1. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. 2. Insured means: a. You; b. Any person or organization included as an insured in underlying insurance; and c. Any person or organization qualifying as an additional insured in underlying insurance but only to the same extent that such person or organization is an additional insured under such underlying insurance. 3. Non-Admitted Jurisdiction means: a. Any country or political subdivision in which we are not licensed or permitted to insure risks and where doing so would violate the insurance laws and regulations of such jurisdiction; or b. Any country or political subdivision where we are prevented by law from investigating,defending or settling an occurrence or suit. 4. Occurrence means a covered event as defined in underlying insurance. 5. Qualified Entity means any entity, person or organization that is not an insured under this policy and would qualify as an insured under this policy, but for the fact that the entity is registered, domiciled or has ongoing operations in a non-admitted jurisdiction. U-UMB-103-C CW(03/10) Page 10 of 19 C. The following definitions are applicable to Coverage B only: 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For purpose of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding websites, only that part of a website that is about your goods, products or services for the purpose of attracting customers or supporters is considered an advertisement. 2. Auto means: a. A land motor vehicle, trailer or semi-trailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However, auto does not include mobile equipment. 3. Bodily injury means physical injury, sickness, or disease, including death of a person. Bodily injury to such person also means mental anguish, mental injury, humiliation, or shock if directly resulting from physical injury, sickness, or disease. 4. Employee includes a leased worker. Employee does not include a temporary worker. 5. Impaired property means tangible property, other than your product or your work, that cannot be used or is less useful because: a. It incorporates your product or your work that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; If such property can be restored to use by; a. The repair, replacement, adjustment or removal of your product or your work; or b. Your fulfilling the terms of the contract or agreement. 6. Insured means: a. You, if you are an organization shown in the Declarations,other than a partnership,joint venture or limited liability company. Your executive officers and directors are insureds, but only with respect to their duties as your executive officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders; b. You, if you are a partnership or joint venture shown in the Declarations.Your members,your partners, and their spouses or domestic partners are also insureds, but only with respect to the conduct of your business; c. You and your spouse or domestic partner, if you are an individual shown in the Declarations, but only with respect to the conduct of a business of which you are the sole owner; d. You, if you are a limited liability company shown in the Declarations. 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 as your managers; e. You, if you are a trust shown in the Declarations.Your trustees are also insureds, but only with respect to their duties as trustees; f. Your employees, but only for acts within the scope of their employment by you; g. Your volunteer workers, but only while performing duties related to the conduct of your business; h. Any person or organization while acting as your real estate manager; or i. Your legal representative if you die, but only with respect to duties as such. U-UMB-103-C CW(03/10) Page 11 of 19 No person or organization is an insured with respect to the conduct of any current, past or newly formed partnership, limited liability company or joint venture that is not designated within the Declarations of this policy as Named Insured. 7. Insured contract means any written or oral agreement entered into by the insured in the usual course of the business operations of the insured in which the insured assumes the tort liability of another to pay damages because of bodily injury or property damage to a third person or organization where the contract or agreement is made prior to the injury or damage. Liability means a liability that would be imposed by law in the absence of any contract or agreement. 8. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and labor leasing firm, to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 9. Mobile equipment means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery,forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; C. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers. e. Vehicles not described in a., b., c. or d. above, that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers. f. Vehicles not described in a., b., c. or d. above, maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not mobile equipment but are considered autos: (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on an auto or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. 10. Named insured means: a. The person(s)and organization(s)designated in Item 1. of the Declarations of this policy; b. Any organization, other than a partnership, joint venture or limited liability company, over which you maintain majority interest and to which more specific insurance does not apply, other than one which you newly acquire or form; or U-UMB-103-C CW(03/10) Page 12 of 19 c. Any newly acquired or formed organization, other than a partnership, joint venture or limited liability company, over which you maintain majority interest and to which more specific insurance does not apply; provided that this policy does not apply to any injury or damage that took place before you acquired or formed the organization. 11. Occurrence means: a. With respect to bodily injury or property damage liability, an accident, including continuous or repeated exposure to substantially the same general harmful conditions. b. With respect to personal and advertising injury, a covered offense. All damages that arise from the same act, publication or general conditions are considered to arise out of the same occurrence, regardless of the frequency or repetition thereof, the number or kind of media used or the number of claimants. 12. Personal and advertising injury means injury, including consequential bodily injury, arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies committed by or on behalf of its owner, landlord or lessor; d. Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral or written publication, in any manner, of material that violates a person's right of privacy; f. The use of another's advertising idea in your advertisement; g. Infringement upon another's copyright, trade dress or slogan in your advertisement; or h. Discrimination (unless insurance thereof is prohibited by law), not arising out of or related to employment practices. Personal and advertising injury also means mental anguish, mental injury, humiliation, or shock, if directly resulting from an offense listed in Items 12.a.through 12.h.above. 13. Products-completed operations hazard means all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except: a. Products that are still in your physical possession; or b. Work that has not yet been completed or abandoned. Your work will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract has been completed; (2) When all of the work to be done at the site has been completed if your contract calls for work at more than one site; or (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete,will be treated as completed. This hazard does not include bodily injury or property damage arising out of: a. The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle created by the loading or unloading of it by any insured; or b. The existence of tools, uninstalled equipment or abandoned or unused materials. 14. Property damage means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss shall be deemed to occur at the time of the occurrence that caused it. U-UMB-103-C CW(03/10) Page 13 of 19 15. Retained limit means the amount of damages applicable to each occurrence for which the insured is responsible that is shown in Item 5.of the Declarations. 16. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short-term workload conditions. 17. Volunteer worker means a person who is not your employee, and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 18. Your product means: a. Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (1) You; (2) Others trading under your name; or (3) A person or organization whose business or assets you have acquired; and b. Containers(other than vehicles), materials, parts or equipment furnished in connection with such goods or products. Your product includes: a. Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of your product; and b. The providing or failure to provide warnings or instructions. Your product does not include vending machines or other property rented to or located for use of others but not sold. 19. Your work means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished in connection with such work or operations. Your work includes: a. Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of your work; and b. The providing of or failure to provide warnings or instructions. D. The following definitions are applicable to Coverage C only: 1. Casualty business crisis means an event that in the good faith opinion of your principal, in the absence of casualty business crisis services, has been or may be associated with: a. Damages covered by this policy under Coverage A that are in excess of the applicable limits of underlying insurance or under Coverage B that are in excess of the Retained Limit; and b. Significant adverse regional or national media coverage. Casualty business crisis shall include, without limitation, man-made disasters such as explosions, major crashes, multiple deaths or injuries, burns, dismemberment,traumatic brain injury, paraplegia, or contamination of food, drink or pharmaceuticals. For purposes of Coverage C, a casualty business crisis will first commence when your principal first become aware of the occurrence and will conclude at the earliest of the time when the casualty business crisis advisor advises you that the crisis no longer exists or when the Casualty Business Crisis Expense Aggregate Limit has been exhausted. 2. Casualty business crisis advisor means any public relations firm or crisis management firm approved by us that is hired by you to perform casualty business crisis services in connection with a casualty business crisis. U-UMB-103-C CW(03/10) Page 14 of 19 3. Casualty business crisis expense means amounts paid: a. To you for the reasonable and necessary: (1) Fees and expenses of a casualty business crisis advisor in the performance for you of casualty business crisis services solely for a covered casualty business crisis; and (2) Amounts for printing, advertising, mailing of materials or travel by your directors, officers, employees or agents or a casualty business crisis advisor solely for a casualty business crisis; and b. To others for the following reasonable and necessary expenses resulting from such covered casualty business crisis provided that such expenses have been approved by us: (1) Medical expenses; (2) Funeral expenses; (3) Psychological counseling; (4) Travel expenses; (5) Temporary living expenses; (6) Expenses to secure the scene of a casualty business crisis; and (7) Any other expenses pre-approved by us. 4. Casualty business crisis services means those services performed by a casualty business crisis advisor in advising you on minimizing potential harm to you from a covered casualty business crisis by maintaining or restoring public confidence in you. 5. Principal means your Chief Executive Officer, Chief Operating Officer, Chief Financial Officer, President, General Counsel or general partner(if you are a partnership)or sole proprietor(if you are a proprietorship). SECTION VI. CONDITIONS A. The following Conditions are applicable to Coverage A, Coverage B and Coverage C. 1. Appeals In the event you or any underlying insurer elects not to appeal a judgment in excess of the amount of the underlying insurance,we may elect to appeal at our expense. If we do so elect,we will be liable for the costs and additional interest accruing during this appeal. In no event will this provision increase our liability beyond the applicable Limits of Insurance described in SECTION II.of this policy. 2. Audit of Books and Records We may audit and examine your books and records as they relate to this policy at any time during the period of this policy and for up to three (3)years after the expiration or termination of this policy. 3. Bankruptcy or Insolvency The bankruptcy, insolvency or inability to pay of any insured will not relieve us from our obligation to pay damages covered by this policy. In the event of bankruptcy, insolvency or refusal or inability to pay, of any underlying insurer, the insurance afforded by this policy will not replace such underlying insurance, but will apply as if all the limits of any underlying insurance are fully available and collectible. 4. Cancellation and Nonrenewal a. Cancellation (1) You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancellation is to take effect. (2) We may cancel this policy. If we cancel because of non-payment of premium, we will mail or deliver to you not less than ten (10)days advance written notice when the cancellation is to take effect. If we cancel for any other reason, we will mail or deliver to you not less than ninety (90) days advance written notice stating the reason(s) for cancellation, as well as the date when the cancellation is to take effect. Mailing notice to you at your mailing address shown in Item 2.of the Declarations will be sufficient to prove notice. U-UMB-103-C CW(03/10) Page 15 of 19 (3) The policy period will end on the day and hour stated in the cancellation notice. (4) If this policy is cancelled, the final premium will be calculated pro rata based on the time this policy was in force. (5) Premium adjustment may be made at the time of cancellation or as soon as practicable thereafter but the cancellation will be effective even if we have not made or offered any refund due you. Our check or our representative's check, mailed or delivered,will be sufficient tender of any refund due you. b. Nonrenewal If we decide not to renew this policy, we will mail or deliver to the first Named insured shown in the Declarations written notice of the nonrenewal not less than thirty(30)days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. 5. Changes Notice to any agent or knowledge possessed by any agent or any other person will not effect a waiver or a change in any part of this policy. This policy can only be changed by a written endorsement that becomes a part of this policy. 6. Currency Settlements will be paid in United States currency or, when required, in the currency of the country or jurisdiction where the loss or casualty business crisis occurred. When conversion into another currency from United States currency is required to pay any loss or casualty business crisis expense, the rate of exchange will be determined on the date of the settlement. The rate of exchange will be the rate we incur in obtaining the foreign currency. 7. First Named Insured The person or organization first named in Item 1. of the Declarations is responsible for the payment of all premiums. The first Named Insured will act on behalf of all other insureds for the giving and receiving of notice of cancellation or any other notice required under this policy or by statute or regulation, for the receipt and acceptance of this policy and any endorsements forming a part of this policy, and for the receiving of any return premiums that become payable under this policy. 8. Inspection We have the right, but are not obligated to inspect the insured's premises and operations at any time. Our inspections are not safety inspections. They relate only to the insurability of the premises and operations and the premium to be charged. We may provide reports on the conditions we find. We may also recommend changes. While these reports may help reduce losses, we do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. We do not warrant that the premises or operations are safe or healthful, or that they comply with laws, regulations, codes or standards 9. Entities That Are Registered, Domiciled or Have Ongoing Operations in Non-Admitted Jurisdictions This condition applies solely with respect to entities that are registered, domiciled or have ongoing operations in non-admitted jurisdictions. With respect to a qualified entity: a. Under Coverage A, we will reimburse the first Named Insured for loss incurred by a qualified entity that would have been covered this policy but for the fact that the loss was incurred by a qualified entity including: (1) Damages covered by this policy in excess of the total applicable limits of underlying insurance; and (2) Reasonable defense expenses incurred with our consent. We have no duty to defend any person or organization against any claim or suit brought or proceeding instituted against any qualified entity in a non-admitted jurisdiction, but we may, at our discretion, assume control of or participate in any investigation, defense, settlement or recovery proceedings. b. Coverage under this policy will not apply until the qualified entity or the qualified entity's underlying insurer has paid or is obligated to pay the full amount of the applicable limits of underlying insurance. U-UMB-103-C CW(03/10) Page 16 of 19 c. The duties and requirements imposed upon any insured under this policy will not apply to any non-admitted jurisdiction. However, with respect to any claims made or suits brought in a non-admitted jurisdiction, it will be the duty of the first Named Insured to do or cause the applicable qualified entity to do such things as would be required of such qualified entity if Coverage A applied directly to such claim or suit, including: (1) Make such investigation, defense or settlement as we deem reasonable; (2) Obtain our approval for any payment; and (3) Effect approved payments to others, in accordance with the terms and conditions of this insurance. d. Under Coverage B, this policy does not apply to any liability,damage, loss, cost or expense arising out of any operations or activities of a qualified entity. e. We will promptly pay the first Named Insured at the mailing address listed in Item 2. of the Declarations the amount of damages covered under the terms of this policy. If the first Named Insured or any qualified entity recovers from any third party all or part of any amount that we have paid pursuant to this insurance, the first Named Insured will promptly reimburse the amount of any such recovery to us. 10. Legal Action Against Us There will be no right of action against us under this insurance unless: a. You have complied with all the terms of this policy; and b. The amount you owe has been determined by settlement with our consent or by actual trial and final judgment. This insurance does not give anyone the right to add us as a party in an action against you to determine your liability. 11. Maintenance of Underlying Insurance During the period of this policy, you agree: a. To keep the policies listed in the Schedule of Underlying Insurance in full force and effect; b. That the Limits of Insurance of the policies listed in the Schedule of Underlying Insurance will be maintained except for any reduction or exhaustion of limits by payment of claims or suits for damages covered by underlying insurance; c. The policies listed in the Schedule of Underlying Insurance may not be canceled or not renewed by you without notifying us, and you agree to notify us in the event an insurance company cancels or declines to renew any policy listed in the Schedule of Underlying Insurance; and d. Renewals or replacements of the policies listed in the Schedule of Underlying Insurance will not be materially changed without our agreement. If you fail to comply with these requirements, we will only be liable to the same extent that we would have been had you fully complied with these requirements. 12. Miscellaneous Unintentional Errors and Omissions Any unintentional error or omission in the description of, or failure to describe completely, any premises or operations intended to be covered by this policy, shall not invalidate or affect the coverage for those operations or premises. However, the insured must report such error or omission to the company as soon as practicable after its discovery. 13. Other Insurance If other insurance applies to damages that are also covered by this policy, this policy will apply excess of the other insurance. However,this provision will not apply: a. If the other insurance is written to be excess of this policy; or b. With respect to Coverage A only, if the named insured has agreed in a written contract to carry insurance to apply prior to and be non-contributory with that of another person or organization's insurance, but only as respects damages arising out of insured operations or work on behalf of the named insured performed under such written contract. The limits available to the other person or organization will be the lesser of the policy limits or the minimum limits required by such written contract. In that case, other insurance of that person or organization will apply as excess and not contribute prior to the insurance afforded by this policy. U-UMB-103-C CW(03/10) Page 17 of 19 Nothing herein will be construed to make this policy subject to the terms, conditions and limitations of such other insurance. 14. Premium The premium for this policy as stated in Item 6. of the Declarations is a flat premium. It is not subject to adjustment unless an endorsement is attached to this policy. 15. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned to the first Named Insured,this insurance applies: a. As if each named insured were the only named insured; and b. Separately to each insured against whom claim is made or suit is brought. 16. Terms Conformed to Statute The terms of this policy which are in conflict with the statutes, laws, ordinances or regulations in any country, jurisdiction, state or province where this policy is issued are amended to conform to such statutes, laws, ordinances or regulations. If we are prevented by law or statute from paying on behalf of the insured, then we will,where permitted by law or statute, indemnify the insured. 17. Transfer of Rights of Recovery Against Others to Us a. If the insured has rights to recover all or part of any payment we have made under this insurance, those rights are transferred to us. The insured must do nothing after the loss to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. However, if any insured is required by a written contract or agreement which is executed before a loss to waive their rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations for which the insured has not waived their rights of recovery by contract. b. Any amount recovered will be apportioned in the inverse order of payment of loss to the extent of actual payment. The expenses of all such recovery proceedings will be apportioned in the ratio of respective recoveries. 18. Transfer of Your Rights and Duties Your rights and duties under this insurance may not be transferred without our written consent. If you die, then your rights and duties will be transferred to your legal representative, but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having temporary custody of your property will have your rights and duties but only with respect to that property. 19. When Loss is Payable Coverage under this policy will not apply until the insured, or the insured's underlying insurer has paid or is legally obligated to pay the full amount of the Underlying Limits of Insurance or Retained Limit. When the amount of loss is determined by an agreed settlement or on a final judgment against an insured obtained after an actual trial, we will promptly pay on behalf of the insured the amount of loss covered under the terms of this policy. The first Named Insured will promptly reimburse us for any amount within the Retained Limit paid by us. 20. Violation of Economic or Trade Sanctions If coverage for a claim or suit under this policy is in violation of any economic or trade sanctions of the United States of America then coverage for that claim or suit will be null and void. B. The following Condition is applicable to Coverage A and Coverage B: 1. Notice of Occurrence, Claim or Suit a. You must see to it that we are notified as soon as practicable of an occurrence which may result in damages covered by this policy. To the extent possible, notice will include: (1) How,when and where the occurrence took place; U-UMB-103-C CW(03/10) Page 18 of 19 (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. b. Knowledge of an occurrence by the agent, servant or employee of yours, shall not in itself constitute knowledge by the insured unless you, or any employee authorized by you to give or receive notice of an occurrence, claim or suit shall have received such notice from the agent, servants or employee. c. If a claim or suit against any Insured is reasonably likely to involve this policy you must notify us in writing as soon as practicable. d. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or suit; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement or defense of the claim or suit; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. e. The insureds will not, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid,without our consent. f. Your failure to give notice of an occurrence to us shall not invalidate coverage under this policy if the occurrence was inadvertently reported to another Insurer. However, you shall report any such occurrence to us as soon as practicable once you become aware of such error. C. The following Conditions are applicable to Coverage C: 1. Notice of a Casualty Business Crisis You must see to it that we are notified of a casualty business crisis as soon as practicable after it first commences. Such notice shall include a description of the casualty business crisis and the reason it is likely to involve damages covered by this policy in excess of the applicable limits of underlying insurance under Coverage A or Retained Limit under Coverage B and significant adverse regional or national media coverage. We will not be liable for casualty business crisis expense incurred prior to, or more than one hundred eighty (180) days after the date notice of such casualty business crisis is first given to us. Notice to us shall be given to Zurich Claim Reporting, Care Center, P.O. Box 49547, Colorado Springs, CO 80949, Phone 1-800-987-3373, Fax 1-877-962-2567, E-Mail USZ Care Center@Zurichna.com. 2. Arbitration If you and we disagree as to whether a casualty business crisis has occurred, both parties may, by mutual consent agree in writing to arbitration of the disagreement and the right to any reimbursement for casualty business crisis expense. In this event, each party will select an arbitrator. The two arbitrators will select a third. If they cannot agree within 30 days, both parties must request that selection be made by a judge of a court having jurisdiction. Each party will: a. Pay the expenses it incurs; and b. Bear the expenses of the third arbitrator equally. Unless both parties agree otherwise, arbitration will take place in the state, county or parish in which the address shown in the Declarations is located. Local rules of law as to procedure and evidence will apply. U-UMB-103-C CW(03/10) Page 19 of 19 Endorsement# 01 Certified Acts of Terrorism Exclusion Coverages A & B ZURICH Policy No. Eff.Date of Pol. Exp.Date of Pol. Eff.Date of End. Producer Add'I Prem. Return Prem. AUC 6551025-06 09/01/2015 09/01/2016 09/01/2015 28235000 Named Insured and Mailing Address: Producer: OLDCASTLE, INC., CRH, PLC MARSH USA INC 900 Ashwood Parkway, Suite 600 3560 LENOX RD NE STE 2400 ALLIANCE CENTER Atlanta, GA 30338 TWO ATLANTA, GA 30326-4266 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. Exclusion of Certified Acts of Terrorism Under Coverage A and Coverage B, this policy does not apply to any liability, damage, loss, cost or expense arising, directly or indirectly, out of a certified act of terrorism, including any action taken in hindering or defending against an actual or expected certified act of terrorism. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to the injury or damage. B. Definition of Certified Act of Terrorism As used in this endorsement and for purposes of applicability to both Coverage A and Coverage B, certified act of terrorism means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act("TRIA"),to be an act of terrorism. TRIA provides that the Secretary of Treasury shall certify an act of terrorism: 1. To be an act of terrorism; 2. To be a violent act or an act that is dangerous to human life, property or infrastructure; 3. To have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of Title 49, United States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. To have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or if losses resulting from the act, in the aggregate for insurance subject to TRIA, do not exceed $5,000,000. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Copyright©2015 Zurich American Insurance Company U-UMB-400-C CW(01/15) Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 1 Endorsement# 02 0 Designated Entity(ies) Exclusion ZURICH Policy No. Eff.Date of Pol. Exp.Date of Pol. Eff.Date of End. Producer Add'l Prem. Return Prem. AUC 6551025-06 09/01/2015 09/01/2016 09/01/2015 28235000 Named Insured and Mailing Address: Producer: OLDCASTLE, INC., CRH, PLC MARSH USA INC 900 Ashwood Parkway, Suite 600 3560 LENOX RD NE STE 2400 ALLIANCE CENTER Atlanta, GA 30338 TWO ATLANTA, GA 30326-4266 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage A and Coverage B this policy does not apply to any liability,damage, loss, cost or expense arising out of the operations of or work performed by or on the behalf of the entity(ies)designated in the Schedule listed below: SCHEDULE OF EXCLUDED ENTITY(IES) Holcim Canada Inc. and all subsidiaries. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) U-UMB-146-B CW(07/03) Page 1 of 1 Endorsement# 03 0 Employee Benefits Liability Follow Form ZURICH Policy No. Eff.Date of Pol. Exp.Date of Pol. Eff.Date of End. Producer Add'I Prem. Return Prem. AUC 6551025-06 09/01/2015 09/01/2016 09/01/2015 28235000 Named Insured and Mailing Address: Producer: OLDCASTLE, INC., CRH, PLC MARSH USA INC 900 Ashwood Parkway, Suite 600 3560 LENOX RD NE STE 2400 ALLIANCE CENTER Atlanta, GA 30338 TWO ATLANTA, GA 30326-4266 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage B only, this policy does not apply to any liability, damage, loss, cost or expense imposed on any insured as a Fiduciary Administrator, or other party in interest arising out of any Employee Benefits Program, record handling in connection with any Employee Benefits Program, or effecting or terminating any employee's participation in any plan included in any"Employee Benefits Program". As used in this endorsement: Employee Benefits Program means any group life insurance, group accident or health insurance, profit sharing plans, pension plans, stock subscription plans, unemployment insurance, social security benefits, workers' compensation and disability benefits and any other similar plans. U-UMB-167-B CW(07/03) Page 1 of 1 Endorsement# 04 0 Foreign Operations Follow Form ZURICH Policy No. Eff.Date of Pol. Exp.Date of Pol. Eff.Date of End. Producer Add'I Prem. Return Prem. AUC 6551025-06 09/01/2015 09/01/2016 09/01/2015 28235000 Named Insured and Mailing Address: Producer: OLDCASTLE, INC., CRH, PLC MARSH USA INC 900 Ashwood Parkway, Suite 600 3560 LENOX RD NE STE 2400 ALLIANCE CENTER Atlanta, GA 30338 TWO ATLANTA, GA 30326-4266 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage B only, this policy does not apply to any liability, damage, loss, cost or expense arising out of any insured's operations or activities outside of the United States of America (including its territories and possessions), Puerto Rico or Canada whether or not the insured's responsibility to pay damages is determined in a suit on the merits in the United States of America (including its territories and possessions), Puerto Rico or Canada. U-UMB-183-A CW(07/99) Page 1 of 1 Endorsement# 05 0 Non Cumulation Of Limits Endorsement ZURICH Policy No. Eff.Date of Pol. Exp.Date of Pol. Eff.Date of End. Producer Add'l Prem. Return Prem. AUC 6551025-06 09/01/2015 09/01/2016 09/01/2015 28235000 Named Insured and Mailing Address: Producer: OLDCASTLE, INC., CRH, PLC MARSH USA INC 900 Ashwood Parkway, Suite 600 3560 LENOX RD NE STE 2400 ALLIANCE CENTER Atlanta,GA 30338 TWO ATLANTA, GA 30326-4266 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. The following Condition is added to paragraph A.SECTION VI. CONDITIONS: Non-Cumulation of Limits Regardless of the number of insureds under this policy and policy number 8838858 the total limit of liability to us,for all liability arising out of any one occurrence, will not exceed the Occurrence Limit as stated in Item 4. A. of the Declarations. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. U-UMB-209-C CW(03/10) Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 1 Endorsement# 06 0 USL&H/Jones Act Follow Form ZURICH Policy No. Eff.Date of Pol. Exp.Date of Pol. Eff.Date of End. Producer Add'I Prem. Return Prem. AUC 6551025-06 09/01/2015 09/01/2016 09/01/2015 28235000 Named Insured and Mailing Address: Producer: OLDCASTLE, INC., CRH, PLC MARSH USA INC 900 Ashwood Parkway, Suite 600 3560 LENOX RD NE STE 2400 ALLIANCE CENTER Atlanta, GA 30338 TWO ATLANTA, GA 30326-4266 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage B only, this policy does not apply to any liability, damage, loss, cost or expense imposed on any insured under the United States Longshoremen's and Harbor Workers' Compensation Act (USL&H) or to the Federal Merchant Marine Act(Jones Act), including any changes or amendments thereto. U-UMB-258-A CW(07/99) Page 1 of 1 Endorsement# 07 9) Named Insured Definition - Coverage B ZURICH Policy No. Eff.Date of Pol. Exp.Date of Pol. Eff.Date of End. Producer Add'I Prem. Return Prem. AUC 6551025-06 09/01/2015 09/01/2016 09/01/2015 28235000 Named Insured and Mailing Address: Producer: OLDCASTLE, INC., CRH, PLC MARSH USA INC 900 Ashwood Parkway, Suite 600 3560 LENOX RD NE STE 2400 ALLIANCE CENTER Atlanta, GA 30338 TWO ATLANTA, GA 30326-4266 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SECTION V. DEFINITIONS, definition C. 10. Named insured is deleted in its entirety and replaced with the following: 10. Named insured means: a. The person(s)and organization(s)shown in Item 1.of the Declarations of this policy; b. Any organization, other than a partnership, joint venture or limited liability company, over which you maintain majority interest and to which more specific insurance does not apply, other than one which you newly acquire or form; or c. Any newly acquired or formed organization, other than a partnership, joint venture or limited liability company, over which you maintain majority interest and to which more specific insurance does not apply. However: (1) Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period,whichever is earlier; and (2) This policy does not apply to any injury or damage that took place before you acquired or formed the organization. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. U-UMB-427-B CW(03/10) Page 1 of 1 Endorsement# 08 0 Silica or Silica Mixed Dust Injury Exclusion ZURICH Policy No. Eff.Date of Pol. Exp.Date of Pol. Eff.Date of End. Producer Add'I Prem. Return Prem. AUC 6551025-06 09/01/2015 09/01/2016 09/01/2015 28235000 Named Insured and Mailing Address: Producer: OLDCASTLE, INC., CRH, PLC MARSH USA INC 900 Ashwood Parkway, Suite 600 3560 LENOX RD NE STE 2400 ALLIANCE CENTER Atlanta, GA 30338 TWO ATLANTA, GA 30326-4266 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage A and Coverage B, this policy does not apply to: 1. Bodily injury or personal and advertising injury caused directly or indirectly by the actual, alleged or threatened inhalation, ingestion, absorption, existence of or presence of silica. 2. Loss,costs or expenses arising out of the abating, testing for, monitoring, cleaning up, removing, containing,treating, detoxifying, neutralizing, remediating or disposing of, or in any manner responding to or assessing the effects of silica by any insured or by any other person or entity. 3. For the purposes of this exclusion,the following definition applies: Silica means: a. Any form of crystalline or non-crystalline(amorphous)silica, silica particles, silica compounds, silica dust or silica mixed or combined with dust or other particles; or b. Synthetic silica, including precipitated silica, silica gel, pyrogenic or fumed silica or silica-flour. U-UMB-515-A CW(03/05) Includes copyrighted material of Insurance Services Office,Inc.with its permission. Page 1 of 1 Endorsement# 09 Contractors Limitation Endorsement-Limited Operations Coverage Work Excluded Under A Consolidated (Wrap-Up) Insurance Program ZURICH Policy No. Eff.Date of Pol. Exp.Date of Pol. Eff.Date of End. Producer Add'I Prem. Return Prem. AUC 6551025-06 09/01/2015 09/01/2016 09/01/2015 28235000 Named Insured and Mailing Address: Producer: OLDCASTLE, INC., CRH, PLC MARSH USA INC 900 Ashwood Parkway, Suite 600 3560 LENOX RD NE STE 2400 ALLIANCE CENTER Atlanta, GA 30338 TWO ATLANTA, GA 30326-4266 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial Umbrella Liability Policy A. Under Coverage A and Coverage B this policy does not apply to any liability, damage, loss, cost or expense: 1. Arising out of any project insured under a wrap-up or any consolidated insurance program under which you are enrolled. Under Coverage A this exclusion does not apply to your ongoing operations at the locations shown in the underlying insurance for your service, maintenance, correction, repair or replacement of the original work performed and insured under the consolidated (wrap up) insurance program under which you are enrolled. However, this extension of coverage does not apply to damages because of any liability, damage, loss, cost or expense due to any service, maintenance, correction, repair or replacement work: a. As respects the products-completed operations hazard, or b. For which coverage is afforded under the consolidated (wrap-up) insurance program under which you are enrolled. 2. Arising out of the rendering of, or failure to render, any professional services by any insured or by any person for whose acts any insured is legally liable in the conduct of the insured's business as an architect, engineer or surveyor, including, but not limited to: a. The preparation or approval or failing to prepare or approve maps, shop drawings,opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision,hiring, employment, training or monitoring of others by that insured, if the occurrence which caused the liability, damage, loss, cost or expense involved the rendering of, or failure to render, any professional services by you or any engineer, architect or surveyor who is either employed by you or performing work on your behalf in such capacity. B. Under Coverage B only this policy does not apply to: 1. Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. U-UMB-607-B CW(01/14) Includes copyrighted material of Insurance Services Office,Inc.with its permission. Page 1 of 2 2. Any property damage included within the explosion hazard, the collapse hazard or the underground property damage hazard. This exclusion does not apply to: a. Operations performed for you by others; or b. Property damage included within the products-completed operations hazard. C. Definitions As used in this endorsement: 1. Collapse hazard includes structural property damage and any resulting property damage to any other property at any time. 2. Explosion hazard includes property damage arising out of blasting or explosion. The explosion hazard does not include property damage arising out of the explosion of air or steam vessels, piping under pressure, prime movers, machinery or power transmitting equipment. 3. Structural property damage means the collapse of or structural injury to any building or structure due to: a. Grading of land, excavating, burrowing, filling, backfilling, tunneling, pile driving, cofferdam work or caisson work; or b. Moving, shoring, underpinning, raising or demolition of any building or structure or removal or rebuilding of any structural support of that building or structure. 4. Underground property damage means property damage to wires, conduits, pipes, mains, sewers, tanks, tunnels, any similar property, and any apparatus used with them beneath the surface of the ground or water, caused by and occurring during the use of mechanical equipment for the purpose of grading land, paving, excavating, drilling, burrowing,filling, backfilling or pile driving. 5. Underground property damage hazard includes underground property damage and any resulting property damage to any other property at any time. All other terms, conditions, provisions and exclusions of this policy remain the same. U-UMB-607-B CW(01/14) Includes copyrighted material of Insurance Services Office,Inc.with its permission. Page 2 of 2 Endorsement# 10 0 Notification to Others of Cancellation or Nonrenewal ZURICH Policy No. Eff.Date of Pol. Exp.Date of Pol. Eff.Date of End. Producer Add'I Prem. Return Prem. AUC 6551025-06 ' 09/01/2015 09/01/2016 09/01/2015 28235000 Named Insured and Mailing Address: Producer: OLDCASTLE, INC., CRH, PLC MARSH USA INC 900 Ashwood Parkway, Suite 600 3560 LENOX RD NE STE 2400 ALLIANCE CENTER Atlanta, GA 30338 TWO ATLANTA, GA 30326-4266 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. The following is added to SECTION VI. CONDITIONS: Notification to Others of Cancellation or Nonrenewal a. If we cancel or non-renew this policy by written notice to the first named insured for any reason other than nonpayment of premium,we will mail or deliver a copy of such written notice of cancellation or non-renewal: (1) To the name and address corresponding to each person or organization shown in the SCHEDULE below; and (2) At least 10 days prior to the effective date of the cancellation or non-renewal, as advised in our notice to the first named insured, or the longer number of days notice if indicated in the SCHEDULE below. b. If we cancel this policy by written notice to the first named insured for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the SCHEDULE below at least 10 days prior to the effective date of such cancellation. c. If notice as described in Paragraphs a. or b. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE Name and Address of Other Person(s)/ Number of Days Notice: Organization(s): City of Novi 45175 West Ten Mile Road, Novi, MI 48375 30 Contracting Officer Department of the Army Savannah 30 District, Corps of Engineers 100 West Oglethorpe Avenue, Savannah, GA 31401-3640 DHSMV& Bureau of Motor Vehicles, Neil Kirkman Bold, 30 RM Al 1, Tallahasee, FL 32399-0626 City of Portage, 7900 SouthWestnedge Avenue, 30 Portage, MI 49022 The Whiting Turner Contracting Co.Attn: Steve 30 Solloway, 1001 Army Road, Kingwood,WV 26537 Blaine Construction Corporation, 6510 Deane Hill Drive, 30 Knoxville, TN 37919 City of Jacksonville, Ed Ball Building, 214 N. Hogan St., 30 Room 1071, Jacksonville, FL 32202 NRG Energy, Inc.Attn: Mr. Churaman-Senior Counsel, 30 211 Carnegie Center, Princeton, NJ 08540 U-UMB-667-B(05/10) Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 3 Michigan Department of Transportation, P.O. Box 30 30050, Lansing, MI 48909 The City of Sterling Heights,40555 Utica Rd. P.O. Box 30 8009, Sterling Heights, MI 48311-8009 EQT Production Company, EQT Plaza,Attn: Business 30 Risk& Insurance Department, 625 Liberty Avenue-Suite, 1700, Pittsburgh, PA 15222 New York State Department of Transportation, Office of 30 Contract Management, 50 Wolf Road 1st Floor,Albany, NY 12232 New Jersey Department of Transporation, Region 30 Central Construction,Attn: Jayesh Patel, P.O. Box 607, 1035 Parkway Avenue,Trenton, NJ 08625-0607 New Jersey Department of Transporation, Region 30 Central Construction Attn: Kiran B. Patel, P.O. Box 607, 1035 Parkway Avenue,Trenton, NJ 08625-0607 New Jersey Department of Transporation,Attn: Kiram B. 30 Patel, Regional Construction Engineer, 200 Stierli Court, Mt.Arlington, NJ 07856 New Jersey Department of Transportation Central, 30 Regional Construction Engineer,Attn: Snehal Patel, 1035 Parkway Avenue,Trenton, NJ 08625 Mr. Carl F. Kneidinger, New Jersey Department of 30 Transportation, Regional Construction Engineer,200 Stierli Court, Mt.Arlington, NJ 07856 New Jersey Department of Transporation North Region, 30 Ms. Chrissa Roessner, Regional Construction Engineer, 200 Stierli Court, Mt.Arlington, NJ 07856- PORT AUTHORITY OF NEW YORK AND NEW 30 JERSEY, C/O AON RISK SERVICES INC., 300 QUADRANGLE, PO BOX 342 JERICJO, NY 11753 SIGNATURE FLIGHT SUPPORT CORPORATION, 30 ATTN: PRISCILLA KEHOE, 201 ORANGE AVE., SUITE 1100S, ORLANDO, FL 32801 THE PORT AUTHORITY OF NY& NJ, RISK 30 FINANCING DIVISION/TREASURY, 225 PARK AVENUE SO., RM. 12012, NEW YORK, NY 10003 Perk Company, Inc. 8100 Grand Ave Ste 300, 30 Cleveland, OH 44104 IGC/BH, LLC C/O L.I. Combs&Sons, Inc. 1152 Marsh 30 Street, Suite F,Valparaiso, IN 46385 Holder Construction Co. 12202 S. 14th ST, Omaha, NE 30 68138 Holder Construction Company CMH5O-New Albany, 30 2550 Beech Rd, New Albany, OH 43054 Holder Construction Company CMH51-Dublin, 6820 30 Houchard Rd, Dublin, OH 43016 Holder Construction Company CMH52-Hilliard, 5097 30 Hayden Run Road, Hilliard, OH 43026 SLR Constructor Parties C/O MYCOI, 1075 Broad 30 U-UMB-667-B(05/10) Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 3 Ripple Ave, Suite 313, Indianapolis, IN 46220 ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. U-UMB-667-B(05/10) Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 3 Endorsement# 11 Law Governing Insurability Of Punitive Damages Condition ZURICH Policy No. Eff.Date of Pol. Exp.Date of Pol. Eff.Date of End. Producer Add'I Prem. Return Prem. AUC 6551025-06 09/01/2015 09/01/2016 09/01/2015 28235000 Named Insured and Mailing Address: Producer: OLDCASTLE, INC., CRH, PLC MARSH USA INC 900 Ashwood Parkway, Suite 600 3560 LENOX RD NE STE 2400 ALLIANCE CENTER Atlanta, GA 30338 TWO ATLANTA, GA 30326-4266 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SECTION VI. CONDITIONS is amended to include the following: Law Governing Insurability of Punitive Damages a. Punitive damages will be considered damages to which this insurance applies, but only if (1) The punitive damages are awarded by a court of law in a judgment against the insured; and (2) The same judgment also awards compensatory damages that arise out of the same occurrence and are covered by this policy; and (3) Such award of punitive damages is insurable under the law of a U.S.jurisdiction where that jurisdiction has a substantial relationship to the claim, action, insured or the insurer including but not limited to any of the following: the state of the insured's incorporation or principal place of business; where the suit or claim giving rise to the action seeking damages is brought; where the policy was issued; or the state where we are incorporated or have our principal place of business. If all three of the above conditions are satisfied,we will follow the law of such jurisdiction that is the most favorable to the insured in determining whether coverage for such punitive damages is insurable. Coverage for such punitive damages is subject to and not in addition to the Limits of Insurance shown in Item 4. of the Declarations. b. Punitive Damages will not be considered damages to which this insurance applies if (1) The insured seeking coverage for an award of punitive damages brings a suit against us seeking a declaration of coverage under the policy in a jurisdiction that does not recognize or permit the insurability of the punitive damages award; or (2) The court that enters the judgment awarding punitive damages against the insured also orders that the insured may not seek insurance coverage for punitive damages. As used in this endorsement, punitive damages, means punitive or exemplary damages awarded by a court above and beyond the requirements for compensating a plaintiff and are intended to reform or deter the defendant and similar persons from subsequently pursuing a course of action such as the action that damaged the plaintiff. Punitive damages does not include such damages imposed on account of intentional, willful or wanton conduct or egregious disregard for the life or health of persons, civil or criminal fines or penalties imposed by federal, state or local governmental body or U-UMB-700-A CW(05/10) Includes copyrighted material of Insurance Services Office,Inc.with its permission. Page 1 of 2 authority. However, if such damages are imposed on account of intentional, willful or wanton conduct or egregious disregard for the life or health of persons,then such damages shall be covered by this policy, but only such damages as are assessed directly against the named insured resulting from the acts of employees acting on their own without the knowledge or direction from the named insured. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. U-UMB-700-A CW(05/10) Includes copyrighted material of Insurance Services Office,Inc.with its permission. Page 2 of 2 Endorsement# 12 Named Insured ZURICH Policy No. Eff.Date of Pol. Exp.Date ofPel. Eff.Date of End. Adducer Adel Prem. Retum Prem AUC 655102546 0941/2015 0910112016 0910112015 28235000 Named Insured and Mailing Address:Producer: OLDCASE LE,INC.,CRH,PLC MARSH USA,INC. 900 Asl:woed Parkway Suite 600 3560 LENOX RD NE STE 2400 ALLIANCE CENTER ATLANTA,GA 30338 TWO ATLANTA,GA 30326-4266 THIS ENDORSE hIENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. United States Oidcastle,Inc_ (subsidiary of CRH International, itself a subsidiary of.CRH plc) Oldcastle;Holdings, Inc: Oldcastle Finance, Inc_ Oldcastle Trademark Holding Co_ PIA,Inc_ Belgard Finance Company,Inc. Vicente Holdings,Inc. OldcastleBuilding Products,Inc. Americas Products and Distribution, Inc. CRH America, Inc. CRH Finance America,Inc. Oidcastle Precast,Inc. Meadow Burke,LLC Oldcastle Distribution,Inc. Allied Building Products Corp. M aholo Acquisition Corp. RM E Acquisition, LLC A.L. Kilgo Company,Inc. Kapafa.rna Kilgos Acquisition Corp. AM S Holdings,Inc_ PacSource,LLC Oldcastle Architectural,Inc. Oldcastle APG,Inc. Oldcastle Services, Inc Sakrete of North America, LLC Sakrete Central Billing,LLC Bonsai American, Inc. Pre-Blend Products, LLC Arnerimix Realty Holdings,LLC Oldcastle Lawn &Garden,Inc. OkIcastie APG West,Inc. Oldcastie APG Northeast,Inc. U-D S-150-A CW(4/99) Pare 1of11 Par Four Associates, LLC Grey Hawk Associates,LLC Raven Associates, LLC Oldcastle APG South, Inc. GMS Land Holding, LLC Old castle Surfaces, Inc_ Bend Real Estate Holdings, LLC Oldcastle SB Holding Corp. SureBlock Company, LLC Northfield Block Company Dixie Cut Stone&Marble, Inc. Dixie Cut Stone Realty, LLC Big River Industries, Inc. Glen-Gery Corporation Glen-Gery Real Estate, LLC Landmark Stone Products, LLC Paver Systems,LLC River City Landscape Supply,Inc. Merchants Metals, Inc. Corbitt Manufacturing Company, LLC Ashley Acquisition,LLC Oldcastle BuildingEnvelope,Inc. Oldcastle Architectural Windows,Inc. Antamex(OS)Inc. Antamex International, Inc. flatten USA,Inc. Ivy Steel&Wire,Inc_ Canada 3052886 Nova Scotia Company 513985 N_B_,Inc. Old castle Building Products Canada, Inc. (a subsidiary of CRH plc through intervening subsidiary holding entities) Oldcastle BuildingEnvelope.Canada, Inc. Antamex International, Inc_ • Oldcastle Materials,Inc. Oldcastle Industrial Minerals,Inc. Preferred.Materials, Inc. OC PMA LLC Callanan Industries,Inc. Dolomite Products Company,Inc. Abram Gleason Co., Inc_ Amenia Sand and Gravel, Inc. Pennsy Supply, Inc. HMA Concrete, LLC. U-EXS-15G-A CW(4199} Page 2af11 OMG Midwest,Inc. Old castle Materials Midwest Co. QM G Midwest,Inc.FiK/A New Ulm Quartzite Quarries, Inc. Staker& Parson Companies Staker Parson Acquisition,Inc. SP West Development,Inc. Four Corners New Mexico,Inc Evans Construction Company Owen Excavation,Inc. H-K Contractors, Inc. Intermountain Construction&Materials Oldcastle SW Group, Inc. VVaycor Materials, Inc. Lewis Foss Sons Construction, Inc. Foss Lewis&Sons Construction, Inc. Four Corners Materials New Mexico, Inc. Helena Sand.& Gravel,Inc. Montana Materials, Inc_ Goose Bay Equipment;Inc. Tilcon,Inc. Tilcon Connecticut,Inc. The Balf Co. Tilcon New York,Inc. Mt. Hope Rock Products, Inc. Tilcon Woodbridge Urban Renewal,L.L.C., New Windsor Equipment Rentals and Service,Inc. Buchanan Marine,Inc. The Branford Steam Railroad Company Hills Materials Company Michigan Paving and Materials Company Michigan Materials and Aggregates Company South Kent Gravel,Inc. Klett Construction Company Cadillac Asphalt, LLC • Pike Industries, Inc: Bridgecorp Nashua Redimix Concrete Redimix Companies,Inc. Marriner's,Inc. P J Keating Company CPM Development Corporation Eire Corporation • Eugene Sand Construction, Inc. Interstate Concrete and Asphalt Company Tuner Gravel,Inc_ Goose Bay Equipment,Inc The Shelly Company Shelly Holding Company Stoneco,Inc. Shelly'Materials,Inc. U-Dc iso-Acw(499)) Page 3 of 11 Ailied Corporation, Inc. The Jefferson:Materials Company Colurnbus Limestone, Inc.. Marble Cliff Limestone,Inc. Wyandot Dolomite, Inc. All Ohio Ready Mix Transportation, Inc. All Ohio Ready-Mix, Inc. Scioto'Materials, LLC OC SMA LLC West Virginia Paving,Inc. APAC Atlantic,Inc. Mountain Aggregates,Inc. Mountain Enterprises,Inc. Mountain Materials,Inc. Southern West Virginia Paving,Inc. Southern West Virginia Asphalt, Inc. W-L Construction& Paving, Inc. Renfro Construction Company, Inc. Central Supply Company of West Virginia APAC Mid-South, inc. Midsouth Pairing,'Inc_fikla APAC Mid-South,Inc. APAC,Inc. APAC Holdings, Inc. APAC-Central,Inc. Bellco Materials,Inc. APAC-Kansas, Inc. APAC-Mississippi,Inc. APAC-Missouri,Inc. APAC-Southeast, Inc. APAC-Tennessee; Inc. APAC-Texas, Inc. APAC-Texas, Inc. Troth &Thomson APAC Construction Communications Company Old castle Energy, Inc. Conrad Yelvington Distributors,Inc. Quality Assurance Testing Laboratories, LLC Yelvington Railcar Services,LW Oldcastle Southern Group, Inc. Preferred Materials,inc.Vida Oldcastle Southern Group, inc. Adrian Quarry, LLC. American Asphalt of West Virginia, LLC American Cement Company,LLC Binggeii Rock Products, Inc. Boxley Aggregates of West Virginia, LLC Buckeye Ready Mix,LLC Camden Materials, LLC Carey Short Line Corporation Finish Line Trucking, LLC Forrest Transport, LLC American Concrete Products,Inc. Hilty Quarries, Inc_ H-K Contractors of Wyoming, Inc. 1.1-IMS 150-ACG'(4/99) Paan 4cI 11 MAC Const„ Inc. Mountain Lease Holdings, LLC Oldcastle Materials Texas Production Assets Company, LLC Piedmont Asphalt, LLC Rocky Licensing Corporation Southside Materials LLC Trap Rock Industries, LW Dibla names: US 4 D Incorporated Absolute Windows Acme Materials&Construction Co Acoustical Materials Services Adams Products ADC Manufacturing Atco Precast Akron Brick& Block A.L. Blades Alwine Block All Star Building Supply American. Building Materials American Building Materials of Central Florida American Wholesale Builders Amcor Masonry Products Amcor-Precast Amcor-White American Concrete Products. Arnerican Stone-Mix AMS Anchor Concrete Products Anchor Die Cast Appalachian Materials Group Arkhola Sand &Gravel Company Arthur Whitcomb Co. Avon Manufacturing B&B Excavating Ballenger Paving Bandon Concrete and Development Bannock Paving Company Bayou Ash Bedrock Stone Bedrock Quarry Best Masonry Supply Betco Block Big Rock Building Products Big River Industries-Arkalite Division Binkley&Ober Blahnik Blahnik Construction. U-EYs 15D-A ON 099) Page 5dll Bonsai American Bosse Concrete Products Brickeys Stone Company Brooks Products Builders Gypsum Supply BunnellCypress B u rdi ck Materials Bushika Sand&Gravel. California Concrete Pipe Campton Sand&Gravel Carson industries Cayuga Concrete Pipe Central.Concrete Company Central Pre-Mix Concrete Co.. Central Pre-Mix of Oregon Central'Pre-M ix Prestress Co. Central Washington Concrete Cessford Construction Co. Cessford Construction Company Chase Precast Christy Concrete Products Cleasons Clemente Fane Concrete Clemente Latham Concrete Cloud Concrete Products Coloroc Materials Concrete Materials Consolidated Concrete Convault Florida Grego Block CYDI of Michigan Delta Sand &Gravel Des Moines Asphalt &,Paving Shadow Lake Golf&Racquet Club Shadow Pines Golf Club Greystone Golf Club Dolphin Building Materials Donne Builders Supply Downey Glass Duratek Dutchess Quarry&Supply-Goshen Eggrock Donzi Lane Landfill Eagle-Cordell Concrete Products Eastern Prestressed Concrete Products Egge Sand and Gravel Elko Construction Eugene Fleet Repair CO. Eugene Sand&Gravel Everett Quarries Florida Garden Products Foster Southeastern Four Corners Materials u- -150 ACW 099) Pale6aFI1 Free State Glass Gallup Sand& Gravel • General Glass Georgia Masonry Supply Globe Construction Company Gamorak Block Goose Bay Gorham Sand &Gravel Goria Enterprises -Gosney Graham&Morris Grand Rapids Asphalt Paving Co_ Graveliite Green&White Rock Products Greenleaf Products Gulf&Southern Windows H&S Whiting Hales Sand &Gravel Hallett Materials Harrison Construction Harwood Brick Distributors Helena Sand& Gravel Heritage Concrete HGP Industries Hoffer's Glass HooksettCrushed Stone ICON Materials Idaho Concrete Company Idaho Sand&Gravel Co Inland Asphalt Company International Stone Interstate Wood Products Interior Distributors Iroquois Rock Products Ivan Supply or Ivan Supply Corrpany Iroquois Rock Products Ivy Steel&Wire Jack B.Parson Companies Jensen.Paving Jensen.Pre-Mix Jewell Concrete Products Jolly Gardener`Products Kerr Concrete Pipe Keystone Group King Road Materials Klamath Pacific Company Klett Construction Company Knights Products KP Construction Lakehill Supply Co_ Laminated GlassCornpany Lebanon Crushed Stone U-f=15Q ACW(499) Page 7 Gill Lehigh Valley Block Livlite ,. L.S.Jensen L.S.Jensen Construction &Ready-m:rx Mallard Sand & Gravel Co. Manitou Concrete Company Manchester Red imix Concrete Mathews Construction a branch of APAC—Texas,Inc. Mathews Construction Maybrook Materials M CM inns Asphalt McClinton Anchor Company Meadow Burke Products Meadow Steel Products M ercha nts M etals Midsouth Aggregates Miller Material M ad Wine Morse..Ready Mix Mountain Gravel&Construction Nashua Redimix Concrete Naturalite Naturalite Skylight Systems NC'Products Company North American Glass North Bergen Asphalt North Bergen Recycling Norge Building Supply Company Northrup Materials Nova Concrete Nuckolls Concrete Services Nupac NUPAC,Inc. O&W Glass Oldcastle Industrial Minerals Oldcastle Materials,Texas Oldcastle Modular Group Oldcastle Sheffield Old castle Southern Group, Inc_ d/b/a APAC Southeast,Inc. Oldcastle Southern Group, Inc. d/b/a Conrad Yelvington Distributors,Inc. Old castle;Southern Group, Inc_ d/bla Preferred Materials, Inc. -Old castle Sto ckto n Oldcastle Stone Products OM NI Engineering Osprey-Gulf Shore Building Materials Park Avenue Cement Block Pave& Seal Persons Redirrix Concrete Pilot Steel Pioneer Concrete Pioneer Materials Pittsfield Sand d &Gravel Price Inland Corp. t?-EXS-154-ACh(4/99) Page 8 of 11 Ready Mixed Concrete Reeves Concrete Products Reynolds Excavation,Demolition and Utilities Rhino Materials Rhodes Bros_ Paving Ritangela Construction Company River Bend Sand &Gravel Riverbend Sand and Gravel Co Rochester Asphalt Materials Rosa's Supply Rotondo Precast RSI Roofing &Building Supply Ruck Brothers Brick Sakrete of Pacific Northwest Salem Road& Driveway San Juan Materials Schuster's Building Products Seaboard Supply Seacoast Redimix Concrete Security Fence Supply Co_ Security Fence Mfg. &Supply Co. Seminole Building Materials Shelly Liquid Division Smith Concrete Southern Drainage Products and.Supply Southern Importers Southern Minnesota Construction Co. Inc. South Kent Gravel Skywall Skywall Translucent Systems Slusser Brothers Spancrete Northeast Spartan Asphalt Paving Co. Spartan Supply Company Staker Paving and Construction Company Stoneco of Michigan Stresco n I nd ustries Sullivan Materials Summit Stone Superior Concrete Company Superlite Block T-M Oil,Inc. (DBA) Telluride Gravel Tempglass Texas Concrete Materials TheClarkHouse Thompson-Arthur Construction Thompson McCully Asphalt Paving (DBA) Thompson-McCully Enterprises,Co. (DBA) Thompson McCully Oil Company(DBA) Thompson-McCully Quarry Co.(DBA) Thompson McCully Co. (DBA) Thompson-McCully Construction Co. (DBA) U--1 -150-A CW t4 99) Page 9d 11 Thorn-Orwick Tilcon Delaware Tilton Sand&Gravel Trenwyth Industries Tri-Delta Tri-State Northwest Tri State Paving Tri-State Roofing and Siding Wholesale Trotti&Thornp.son Turner Quarry Twin Mt. Sand &Gravel Ulster Paying Company United Companies United Companies of Messa County United Products United Tempering Systems Utility Vault Company Valley Building Materials Valley Concrete&Gravel Co. Valley Ready-M ix Valley Block& Supply Co. Viking Redi-Mbc Vistawall Vistawali Group W R. Bonsai Company Walsh Fabrication Wenatchee Sand&Gravel. Western Rock Products West DeWestile Wheeler Companies Wheeler Coatings Woodland Paving Company WP Rose Supply Company Yakima Rock Products Young Block ©tbta names: Canada Permacon Groupe Permacan Decor Transpave Expocrete ;Signed by AnthorizedRepresentativeDate U-Dt3-150-ACW 0+99) Pap 10ci11 Endorsement# 18 Absolute Pollution Exclusion (With Blended Discovery ZURICH and Reporting, Named Perils and Products-Completed Operations Provisions) Retained Amount Ptiicy No. Eff_Date of Pol. Exp.Date of Pd. Eff_Data of End. Producer Add Intro. Return Prim AUC 655102.5.06 09'0112015 09/01/12016 09101/2015 28235000 — — Named Insured and Mailing Address: Producer: OLDCASTLE,INC.,CRH,PLC MARSH USA,INC. 900 Ashwood Parkway, Suite 600 3560 LENOX RD NE STE 2400 ALLIANCE CENTER ATLANTA,GA 30338 TWO ATLANTA,GA 30326 4266 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. The policy is amended as follows: A. SECTION IV.,EXCLUSIONS,B.and C.6.,POLLUTION are deleted. B. Under Coverages A and B the policy does not apply to any liability,damage,loss,cost or expense: I. Arising directly or indirectly out of an actual,alleged or threatened existence,discharge,dispersal,seepage,migration, release or escape of pollutants;or 2. Arising out of any: a. Request;demand or order that any insured or others test for,monitor,dean-up,remove,contain,treat,detoxify or neutralize,or in any way respond to,or assess the effects of pollutants;or b. Claim or suit by or on behalf of a governmental authority.for damages because of testing for,monitoring,cleaning up; removing,containing,treating,detoxifying or neutralizing,or in any way responding to,or assessing the effects of pollutants. 3. Paragraphs B.I.and 2.of this endorsement do not apply to bodily injury or property damage: a. Included within the products-completed op erations hazard; b. Arising out of any discharge,dispersal,seepage,migration,release or escape of pollutants caused by a Hostile Fire, Explosion,Lightning,Windstorm,Vandalism or Malicious Mischief,Riot or Civil.Commotion,Flood,Earthquake, Collision or Upset of an Auto,Mobile Equipment or Aircraft,Automatic Sprinkler Leakage,Hail_ c. Directly caused by any discharge,dispersal,seepage,migration,release or escape of pollutants that (I) Is instantaneous and demonstrable as having first commenced at a specific time and day during the policy period of this policy; (2) Is accidental and neither expected nor intended from the standpoint of any insured; (3) Is first discovered by any insured within 20 days of its first commencement;and (4) Is reported to us by you no later than 80 days following the first discovery by any insured. U-UMIB-200-A CW (7199) Page 1 of 3 4. 'The coverage afforded under Subparagraph 3.c.of this endorsement does not apply to any liability,damage,loss,cost or expense arising out of a. Clean up,removal,containment,treatment,detoxification or neutralization of pollutants existing at,or under or within the boundaries of any premises,site or location owned,rented or occupied by any insured; b. Any discharge,dispersal,seepage,migration,release ar escape ofpollutants which takes place on,at or from any site, premises or location: (1) Designated as a National Priorities List(Superfund)site by the federal government or any similar designation under state or local environmental remediation law; (2) Used by any insured,or by others on behalf of any insured,for the handling,storage,disposal,dumping, processing or treatment of waste; (3) At which the usual or routine conduct of any insured's business has been terminated or suspended or which any insured has sold,given away or abandoned; (4) Underground facility or any other storage,processing or other operation of any insured which takes place beneath the surface of the ground,including but not limited to the storage,processing,removal or loss of sub-surface oil or gas; c. Any fines or penalties; d. Add rain;or e. Any offshore facility as defined in the Outer Continental Shelf Lands Act Amendment of 1978 as amended,or the Clean Water Act of 1977 as amended;or any deepwater port as defined in the Deepwater Port Act of 1974 as amended;or the Oil Pollution Control Act of 1990 as amended_ 5. If we and the insured do not agree whether insurance is provided by this endorsement,then either party may make a written demand for arbitration.When This demand is made,each party will select an arbitrator. The two arbitrators will select a third. If they cannot agree within thirty(30)days,either party may request that a selection be made by a judge of a court having jurisdiction. Each party will pay the costs or expenses it incurs,and bear the costs or expenses of the third arbitrator equally_ Unless both parties agree otherwise,arbitration will take placein the locale in which the named insured's mailing address shown in the Declarations is located. Arbitration shall be governed by the American Arbitration Association Commercial Arbitration Rules. A decision agreed to by two of the arbitrators will be binding and shall be enforceable in the same manner as a final judgment in any court of competent jurisdiction.. The arbitrators shall have no authority to award any punitive, exemplary or extra-contractual damages,costs or expenses. 6. SECTION`rL-CONDITIONS,10. Notice of Occurrence,Claim or Suit notwithstanding,it is a condition precedent to. any obligation we may have under Subparagraph 3.c.of this endorsement that there must be strict conformance with all requirements specified under Subparagraphs 3.c.(1),(2),(3)and(4)of this endorsement,regardless of whether or not we are prej udieed by failure of these requirements to be met. 7. As used in this endorsement,the words in quotation marks have special meaning as follows: a. Hostile fire means a fire which becomesuncentrollable or breaks out from where it was.intended to be;and b. Underground facility means any container or system iniduding.any ducts,pipes ix other apparatus used therewiith,the volume of which is now or was at any time more than ten(10)percent beneath the surfaceof the ground. 8. 'Solely as respects any insurance afforded by this endorsement: a. The Retained Limit as stated in Item 5.of the Declarations of this policy is amended to 2,000,000 Each Occurrence; and b. SECTION.Id DEFENSE AND SUPPLEMENTARY PAYMENTS is deleted and replaced by the following_ We will not be obligated to assume charge of the investigation and seEtlement of any claim made,or defense of any suit brought or proceeding instituted against any insured_ We kill,however,have the right and shall be given the opportunity to participate in the defense and trial of any claims,suits or proceedings relative to any occurrence which, in our opinion,may createliability on our part under the terms of this policy_ If we exercise such right,we will do so at our awn expense. U UMB-200-A CW (7/99) Page 2 of ALL OTHER TERMS AND CONDMONS OF THE POLICY RIMAIN UNCHANGED Signed by.. Authorized Representative Date U-URB-200 A CW (7i99) Page 3.of3 Endorsement# 14 Known Loss And.Loss in Progress Exclusion—Yeager Airport ZURICH Policy Na, E€r.Data ofPd. Exp.Date of Pd. E'E.Date of Ead. Producer Add?Prem Return Prem. AUC 6551025-06 090112015 0901/2016 09/0112015 28235000 Named Insured and MailingAddress:Producer: OLDCASTLE, i C.,CRH,PLC MARSH RSR USA,INC. 900 Asinvood Parkway Suite 600 3560 LENOX RD NE STE 2400 ALLIANCE CENTER ATLANTA,GA 30338 TWO ATLANTA,GA 30326-4266 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Under Coverage A:and Coverage B this policy does not apply to any liability,damage, toss,cost or expense arising out of the operations of or work performed by,or on the behalf of the Insured prior to the expiration of the September L 2014—September 1,2015 policy period as respects the Central West Virginia Regional Airport Authority,Inc.,runway 5-23 extension project,Yeager Airport,Charleston;West Virginia("Central. West Virginia Regional Airport Authority,Inc.runway 5-23 extension project"}. Any such liability,damage,,loss,cost or expense shall be deemed to have arisen out of a single occurrence;with all bodily injury=and property damage resulting from the occurrence deemed to have taken place during the September 1,2014—September 1,2015 policy period_ Signed by: Authorized RepresentativeDate U-U 200-ACYLU'(7/99) • Pale 1 o€1 Endorsement# 15 0 Knowledge of Occurrence ZURICH Policy No. Eff.Date of Pol. Exp.Date of Pol. Eff.Date of End. Producer Add'I Prem. Return Prem. AUC 6551025-06 09/01/2015 09/01/2016 09/01/2015 28235000 Named Insured and Mailing Address: Producer: OLDCASTLE, INC., CRH, PLC MARSH USA INC 900 Ashwood Parkway, Suite 600 3560 LENOX RD NE STE 2400 ALLIANCE CENTER Atlanta, GA 30338 TWO ATLANTA, GA 30326-4266 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Section VI Conditions, Notice of Occurrence, Claim or Suit, paragraph B.1.b. is deleted and replaced by the following: b. Knowledge of an occurrence by the agent, servant or employee of yours, shall not in itself constitute knowledge by the insured unless you or the Risk Manager or Risk Management Department of the Named Insured shall have received such notice of an occurrence, claim or suit from the agent, servants or employee. U-UMB-200-A CW(07/99) Page 1 of 1 Endorsement# 16 0 Qualified Entity Definition - Amended ZURICH Policy No. Eff.Date of Pol. Exp.Date of Pol. Eff.Date of End. Producer Add.'Prem. Return Prem. AUC 6551025-06 09/01/2015 09/01/2016 09/01/2015 28235000 Named Insured and Mailing Address: Producer: OLDCASTLE, INC., CRH, PLC MARSH USA INC 900 Ashwood Parkway, Suite 600 3560 LENOX RD NE STE 2400 ALLIANCE CENTER Atlanta, GA 30338 TWO ATLANTA, GA 30326-4266 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under SECTION V, DEFINITIONS, Paragraph B.5 is deleted and replaced by the following: 5. Qualified Entity means any entity, person or organization that would qualify as an insured under this policy, but for the fact that the entity is registered, domiciled or has ongoing operations in a non-admitted jurisdiction. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U-UMB-200-A CW(07/99) Page 1 of 1 Endorsement# 17 0 Non-Concurrency Endorsement ZURICH Policy No. Eff.Date of Pol. Exp.Date of Pol. Eff.Date of End. Producer Add'I Prem. Return Prem. AUC 6551025-06 09/01/2015 09/01/2016 09/01/2015 28235000 Named Insured and Mailing Address: Producer: OLDCASTLE, INC., CRH, PLC MARSH USA INC 900 Ashwood Parkway, Suite 600 3560 LENOX RD NE STE 2400 ALLIANCE CENTER Atlanta, GA 30338 TWO ATLANTA, GA 30326-4266 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. It is hereby understood that should any of the policies listed in the Schedule of Underlying Insurance or on file with us, including renewals or replacements thereof, be non-concurrent with the policy period of this policy, then in the event of reduction or exhaustion of the aggregate limit(s)of the underlying policy or policies by reason of losses in respect of occurrences taking place prior to the inception of this policy,we will: 1. In the event of reduction, pay in excess of the reduced underlying limits of insurance; or 2. In the event of exhaustion of the underlying limits of insurance continue in force as underlying insurance. Notwithstanding the above, this policy applies only to occurrences taking place during the period of this policy. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. U-UMB-200-A CW(07/99) Page 1 of 1 Endorsement# 18 0 Currency Clause ZURICH Policy No. Eff.Date of Pol. Exp.Date of Pol. Eff.Date of End. Producer Add!Prem. Return Prem. AUC 6551025-06 09/01/2015 09/01/2016 09/01/2015 28235000 Named Insured and Mailing Address: Producer: OLDCASTLE, INC., CRH, PLC MARSH USA INC 900 Ashwood Parkway, Suite 600 3560 LENOX RD NE STE 2400 ALLIANCE CENTER Atlanta, GA 30338 TWO ATLANTA, GA 30326-4266 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. The following condition applies to Coverage B only: 6. Currency Settlements will be paid in the United States currency or,when required, in the currency of the country or jurisdiction where the loss or casualty business crisis occurred.When conversion into another currency from United States currency is required to pay any loss or casualty business crisis expense, the rate of exchange will be determined on the date of the settlement.The rate of exchange will be the rate we incur in obtaining the foreign currency. U-UMB-200-A CW(07/99) Page 1 of 1 Endorsement# 19 0 Other Insurance Amended ZURICH Policy No. Eff.Date of Pol. Exp.Date of Pol. Eff.Date of End. Producer Add.'Prem. Return Prem. AUC 6551025-06 09/01/2015 09/01/2016 09/01/2015 28235000 Named Insured and Mailing Address: Producer: OLDCASTLE, INC., CRH, PLC MARSH USA INC 900 Ashwood Parkway, Suite 600 3560 LENOX RD NE STE 2400 ALLIANCE CENTER Atlanta, GA 30338 TWO ATLANTA, GA 30326-4266 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SECTION VI. Conditions, Paragraph A.13 is deleted and replaced by the following: 13. Other Insurance If other insurance applies to damages that are also covered by this policy,this policy will apply excess of the other insurance. Nothing herein will be construed to make this policy subject to the terms, conditions and limitations of such other insurance. However,this provision will not apply if the other insurance is written to be excess of this policy. • U-UMB-200-A CW(05/10) Page 1 of 1 Endorsement#20 0 MCS 90 ZURICH Policy No. Eff.Date of Pol. Exp.Date of Pol. Eff.Date of End. Producer Add'I Prem. Return Prem. AUC 6551025-06 09/01/2015 09/01/2016 09/01/2015 28235000 Named Insured and Mailing Address: Producer: OLDCASTLE, INC., CRH, PLC MARSH USA INC 900 Ashwood Parkway, Suite 600 3560 LENOX RD NE STE 2400 ALLIANCE CENTER Atlanta, GA 30338 TWO ATLANTA, GA 30326-4266 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT FOR MOTOR CARRIER POLICIES OF INSURANCE FOR PUBLIC LIABILITY UNDER SECTIONS 29 AND 30 OF THE MOTOR CARRIER ACT OF 1980 Form Approved OMB No. 2125-0074 Issued to HILLS MATERIALS COMPANY of 3975 STURGIS ROAD, RAPID CITY SD 57702 Dated at BOSTON, MA this 26TH day of SEPTEMBER , 2011 Amending Policy No. AUC 6551025-02 Effective Date: 09/01/2011 Name of Insurance Company AMERICAN GUARANTEE& LIABILITY Telephone Number(617)570-8970. Countersigned by Authorized Company Representative The policy to which this endorsement is attached provides primary or excess insurance, as indicated by"1", for the limits shown: 0 This insurance is primary and the company shall not be liable for amounts in excess of$ for each accident. 1 This insurance is excess and the company shall not be liable for amounts in excess of$3,000,000 for each accident in excess of the underlying limit of$2,000,000 for each accident. Whenever required by the Federal Highway Administration (FHWA)or the Interstate Commerce Commission (ICC), the company agrees to furnish the FHWA or the ICC a duplicate of said policy and all its endorsements.The company also agrees, upon telephone request by an authorized representative of the FHWA or the ICC,to verify that the policy is in force as of a particular date. Cancellation of this endorsement may be effected by the company or the insured by giving (1)thirty-five (35)days notice in writing to the other party(said 35 days notice to commence from the date the notice is mailed, proof of mailing shall be sufficient proof of notice), and (2) if the insured is subject to the ICC's jurisdiction, by providing thirty(30) days notice to the ICC (said 30 days notice to commence from the date the notice is received by the ICC at its office in Washington, D.C.). DEFINITIONS AS USED IN THIS ENDORSEMENT U-UMB-200-A CW(07/99) Page 1 of 1 Endorsement#21 0 Watercraft Liability Follow Form ZURICH - Policy No. Eff.Date of Pol. Exp.Date of Pol. Eff.Date of End. Producer Add'I Prem. Return Prem. AUC 6551025-06 09/01/2015 09/01/2016 09/01/2015 28235000 Named Insured and Mailing Address: Producer: OLDCASTLE, INC., CRH, PLC MARSH USA INC 900 Ashwood Parkway, Suite 600 3560 LENOX RD NE STE 2400 ALLIANCE CENTER Atlanta, GA 30338 TWO ATLANTA, GA 30326-4266 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Except to the extend coverage is provided in underlying insurance,this policy does not apply to bodily injury or property damage arising out of the ownership, maintenance, use of entrustment to others of any watercraft owned or operated by or chartered, rented or loaned to any insured. Use includes operation and loading or unloading U-UMB-200-A CW(07/99) Page 1 of 1 Endorsement#22 0 Interlocking & Hold Harmless Endorsement ZURICH Policy No. Eff.Date of Pol. Exp.Date of Pol. Eff.Date of End. Producer Add!Prem. Return Prem. AUC 6551025-06 09/01/2015 09/01/2016 09/01/2015 28235000 Named Insured and Mailing Address: Producer: OLDCASTLE, INC., CRH, PLC MARSH USA INC 900 Ashwood Parkway, Suite 600 3560 LENOX RD NE STE 2400 ALLIANCE CENTER Atlanta, GA 30338 TWO ATLANTA, GA 30326-4266 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: Commercial Following Form Excess Liability Insurance Policy I. This policy is part of an international insurance program consisting of a number of different policies called international program policies,which exist to ensure that the entities and natural persons insured under these international program policies are covered worldwide.Throughout this endorsement, references to the insurer include all members of the Zurich Insurance Group and all other affiliated underwriting companies and contracted entities authorized to issue international program policies to the first named insured. The first named insured, on behalf of all insureds and entities and natural persons insured under these international program policies, has agreed to special terms in the international program policies with the insurers thereof. All international program policies shall be read in this context. II. Interpretation of clauses in the international program policies Where legally permissible, coverage under the local excess policies is effective on the effective date of the Following Form Excess Liability master policy, regardless of whether an insurer has actually issued a policy on the effective date of the Following Form Excess Liability master policy. The terms of the Following Form Excess Liability master policy which are more favorable to the entities and natural persons insured under the international program policies than those in the local excess policies shall apply to the international program policies,where legally permissible; provided this shall not apply to any retentions, limits and sub-limits of liability, reporting and notice provisions, premiums or any endorsements to the local excess policies that restrict or limit coverage thereunder. III. The following Definitions are added to Section V: Aggregate limit of liability means the total aggregate limit stated in Item 4. of the Declarations. Aggregate loss means the aggregate amount of all loss claimed against the insurer under the international program policies. International program policies means, collectively, the Following Form Excess Liability master policy, and all local excess policies. Following Form Excess Liability master policy means this policy number AUC 6551025 05 issued to Oldcastle, Inc., CRH, PLC by American Guarantee and Liability Insurance Company. Local excess policies mean all of the following policies listed below: Policy Number 8838858 Named Insured or Policyholder Oldcastle Building Products Canada, Inc. Insurer Zurich Insurance Company Ltd Limits of Liability $24,000,000 IV. Under Section VI CONDITIONS the following Condition is added: R. International Insurance Program Limits of Liability, Hold Harmless and Retentions 1. Limits of Liability a. The insurer's total maximum aggregate liability under all international program policies, combined, shall not exceed the aggregate limit of liability. b. If a single loss is covered in whole or in part under more than one international program policy,the applicable limits of liability shall apply separately to such loss, provided the maximum aggregate liability under all international program policies on account of such loss shall not exceed the largest applicable limit of liability. This paragraph does not increase the insurer's maximum liability with respect to such loss,which is also subject to the aggregate limit of liability. 2. Hold Harmless Agreement If the aggregate loss paid by the insurer exceeds the aggregate limit of liability,the first named insured shall reimburse the insurer for such excess amount within 28 days of the insurer's request to do so. 3. Retentions The insurer's liability under the international program policies shall apply only to that part of each loss that is excess of the largest applicable retention under the international program policies, which shall be borne by the insured uninsured and at its own risk. If a single loss is covered in part under more than one international program policy, each applicable retention shall apply to such loss, but the maximum total retention applicable to such loss shall not exceed the largest applicable retention under the international program policies. V. The following is added to Section VI Condition 4a, Cancellation, including any amendment thereto by any state amendatory endorsement: The policy periods for all local excess policies are deemed the same as the policy period of the Following Form Excess Liability master policy. Accordingly, if U-UMB-200-A CW(01/12) Page 1 of 2 the Following Form Excess Liability master policy is cancelled or nonrenewed, all other international program policies shall be deemed cancelled or nonrenewed as of the same effective date as the Following Form Excess Liability master policy. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U-UMB-200-A CW(01/12) Page 2 of 2 Endorsement# 23 0 Sanctions Exclusion Endorsement ZURICH Policyholder: OLDCASTLE, INC., CRH, PLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. The following exclusion is added to the policy to which it is attached and supersedes any existing sanctions language in the policy, whether included in an Exclusion Section or otherwise: SANCTIONS EXCLUSION Notwithstanding any other terms under this policy, we shall not provide coverage nor will we make any payments or provide any service or benefit to any insured, beneficiary, or third party who may have any rights under this policy to the extent that such cover, payment, service, benefit, or any business or activity of the insured would violate any applicable trade or economic sanctions law or regulation. The term policy may be comprised of common policy terms and conditions,the declarations, notices, schedule, coverage parts, insuring agreement, application, enrollment form, and endorsements or riders, if any, for each coverage provided. Policy may also be referred to as contract or agreement. We may be referred to as insurer, underwriter, we, us, and our, or as otherwise defined in the policy, and shall mean the company providing the coverage. Insured may be referred to as policyholder, named insured, covered person, additional insured or claimant, or as otherwise defined in the policy, and shall mean the party, person or entity having defined rights under the policy. These definitions may be found in various parts of the policy and any applicable riders or endorsements. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED U-GU-1191-A CW(03/15) Page 1 of 1 0 Important Notice - In Witness Clause ZURICH In return for the payment of premium, and subject to the terms of this policy, coverage is provided as stated in this policy. IN WITNESS WHEREOF, this Company has executed and attested these presents and, where required by law, has caused this policy to be countersigned by its duly Authorized Representative(s). `1/ et/ a..)(1a. 21.7 President Corporate Secr QUESTIONS ABOUT YOUR INSURANCE? Your agent or broker is best equipped to provide information about your insurance. Should you require additional information or assistance in resolving a complaint, call or write to the following (please have your policy or claim number ready): Zurich in North America Customer Inquiry Center 1400 American Lane Schaumburg, Illinois 60196-1056 1-800-382-2150 (Business Hours: 8 a.m. -4 p.m. [CT]) Email: info.source@zurichna.com U-GU-319-F CW(01/09) Page 1 of 1 0 Georgia Nonrenewal ZURICH Policy No. Eff.Date of Pol. Exp.Date of Pol. Eff.Date of End. Producer Add!Prem. Return Prem. AUC 6551025-06 09/01/2015 09/01/2016 09/01/2015 28235000 Named Insured and Mailing Address: Producer: OLDCASTLE, INC., CRH, PLC MARSH USA INC 900 Ashwood Parkway, Suite 600 3560 LENOX RD NE STE 2400 ALLIANCE CENTER Atlanta, GA 30338 TWO ATLANTA, GA 30326-4266 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. SECTION VI. CONDITIONS, A., 4. Cancellation and Nonrenewal, b. Nonrenewal, is deleted and replaced with the following: b. Nonrenewal If we decide not to renew this policy,we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than forty-five (45)days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. B. SECTION VI. CONDITIONS,A., 4. Cancellation and Nonrenewal, is amended by the addition of the following: Notice of Premium or Coverage Changes on Renewal If the premium to renew this policy increases more than 15%for a reason other than an increase in coverage or exposure basis, or if there will be a change in any policy provision that limits or restricts coverage, we will mail written notice, including the dollar amount of any premium increase of more than 15%,to your last known address at least forty-five(45)days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. U-UMB-271-B GA(04/10) Includes copyrighted material of Insurance Services Office,Inc.with its permission. Page 1 of 1 Endorsement# 24 Exclusion-Recording And Distribution Of Material Or Information In Violation Of Law ZURICH Policy No. Eff.Date of Pol. Exp.Date of Pol. Eff.Date of End. Producer Add',Prem. Return Prem. AUC 6551025-06 09/01/2015 09/01/2016 09/01/2015 28235000 Named Insured and Mailing Address: Producer: OLDCASTLE, INC., CRH, PLC MARSH USA INC 900 Ashwood Parkway, Suite 600 3560 LENOX RD NE STE 2400 ALLIANCE CENTER Atlanta, GA 30338 TWO ATLANTA, GA 30326-4266 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial Umbrella Liability Policy Under Section IV. Exclusions, paragraph A.6.Violation Of Statutes is replaced by the following: RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW 6. Directly or indirectly arising out of or based upon any action or omission that violates or is alleged to violate: a. The Telephone Consumer Protection Act(TCPA), including any amendment of or addition to such law; b. The CAN-SPAM Act of 2003, including any amendment of or addition to such law; c. The Fair Credit Reporting Act (FCRA) and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act(FACTA); or d. Any federal, state or local statute, ordinance, or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA, and their amendments and additions, or any other legal liability, at common law or otherwise, that addresses, prohibits, or limits the printing, dissemination, disposal, monitoring, collecting, recording, use of, sending,transmitting, communicating or distribution of material or information. All other terms, conditions, provisions and exclusions of this policy remain the same. U-UMB-525-F CW(01/14) Includes copyrighted material of Insurance Services Office,Inc.with its permission. Page 1 of 1 Endorsement# 25 0 Umbrella Amendatory Endorsement ZURICH Policy No. Eff.Date of Pol. Exp.Date of Pol. Eff.Date of End. Producer Add'I Prem. Return Prem. AUC 6551025-06 09/01/2015 09/01/2016 09/01/2015 28235000 Named Insured and Mailing Address: Producer: OLDCASTLE, INC., CRH, PLC MARSH USA INC 900 Ashwood Parkway, Suite 600 3560 LENOX RD NE STE 2400 ALLIANCE CENTER Atlanta, GA 30338 TWO ATLANTA, GA 30326-4266 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial Umbrella Liability Policy A. Under SECTION IV. EXCLUSIONS, Paragraph C.5. Personal and Advertising Injury, Subparagraphs b. and c. are replaced by the following: b. Arising out of oral or written publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity; c. Arising out of oral or written publication, in any manner, of material,whose first publication took place before the beginning of the policy period; B. Under SECTION V. DEFINITIONS, Paragraph C.2.Auto, Subparagraph b.is replaced by the following: b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; C. Under SECTION V. DEFINITIONS, Paragraph C.9. Mobile equipment, the last Paragraph under the definition of Mobile equipment is replaced by the following: However, mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. All other terms, conditions, provisions and exclusions of this policy remain the same. U-UMB-906-A CW(01/14) Includes copyrighted material of Insurance Services Office,Inc.with its permission. Page 1 of 1 $TATE 4•r. ii 4. �ii G.:yi°� of u6 iiip; STATE OF WASHINGTON DEPARTMENT OF LABOR AND INDUSTRIES PO Box 44274 Olympia, Washington 98504-4274 January 30, 2018 SPOKANE VALLEY, CITY OF 10210 EAST SPRAGUE SPOKANE VALLEY WA 99206 N w _CERTIFICATE TO RELEASE L&I'S HOLD ON RETAIN-AGE w o The Washington State Department of Labor& Industries is granting approval to release our hold on the N retained amount for BROADWAY AVE. STREET PRESERVATION, Contract 16-077, to the o following contractor: O o INLAND ASPHALT CO 700,174-00 601 006 854 0 0 0 We have determined that all workers' compensation premiums, increases, and penalties for this contractor have been paid in full or are readily collectible without recourse to the retained funds,per chapter 60.28 RCW. The contractor may still be liable for payment if we later determine they owe additional premiums related to this contract or other activities. Before final payment can be made to the contractor,you will also need to receive releases from the Departments of Revenue and Employment Security Department in addition to ensuring: • All liens against retainage have been satisfied • All Affidavit of WagesPaid forms have been filed Thank you, Elsa McDonnell Contract Release Specialist (360)902-6558 MCDP235@LNLWA.GOV cc: INLAND ASPHALT CO PO BOX 3366 SPOKANE WA 99220-3366 Page 2