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Awarding the contract for the Law and Justice Exterior Upgrades Project BEFORE THE BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON IN THE MATTER OF: RESOLUTION NO. 21-172 AWARDING A CONTRACT FOR THE LAW AND JUSTICE EXTERIOR UPGRADES PROJECT, PROJECT #31-2026 WHEREAS, the south elevation of the Law & Justice Center suffered water intrusion and damage to the Exterior Finish and Insulation System (EFIS) cladding causing the system to begin to separate from the building and create a potential hazard; and WHEREAS, plans and specifications were developed by KMB Architects to remove and replace the EIFS cladding on the south face of the building and paint the building exterior; and WHEREAS, a Call for Bids was issued for the project on March 16, 2021 and the responses were as follows: Rognlin's, Inc Aberdeen, WA $502,500.00 JA Morris Construction Olympia, WA $411,000.00 Schwiesow Construction Centralia, WA $399,000.00; and WHEREAS, Schwiesow Construction appears to have submitted the lowest responsive bid. NOW THEREFORE BE IT RESOLVED that the contract for the L&J Exterior Upgrades Project be awarded to Schwiesow Construction of Centralia, WA for $399,000.00; and NOW THEREFORE BE IT FURTHER RESOLVED that the Chief of Internal Services be authorized to sign said contract on behalf of the Board of County Commissioners. DONE IN OPEN SESSION this 27th day of April, 2021. Page 1 of 2 Res. 21-172 APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON Kevin McDowell Gary Stamper By: Kevin McDowell, Gary Stamper, Chair Deputy Prosecuting Attorney ATTEST: •0.3 of�sf•, Lindsey R. Pollock, DVM LI se Y R. Pollock, DVM, Vice Chair SI� s2 ••47,coNkt o. Rieva Lester '•sEJ^croas�,• Sean D. Swope Rieva Lester, Sean D. Swope, Commissioner Clerk of the Lewis County Board of County Commissioners Page 2 of 2 Res. 21-172 Ali. Lewis County Facilities LEWIS COUNTY CONTRACT PACKET FOR: Lewis County Law & Justice Center Exterior Upgrades Project #31-2026 OFFERED BY: LEWIS COUNTY DEPARTMENT OF INTERNAL SERVICES CAPITAL FACILI I ES 351 NW North St., Chehalis,WA 98532 Mailing Address: 351 NW North Street,Chehalis WA 98532 Phone: 360-740-1337 AGREEMENT EFFECTIVE DATE: Schwiesow Construction, hereinafter called CONTRACTOR, and LEWIS COUNTY, hereinafter called COUNTY, agree as set forth in this Agreement, including: Scope of Work, Specifications, Compensation, Bid Response forms,General and Special Conditions,copies of which are attached hereto and incorporated herein by this reference as fully as if set forth herein. Project: Lewis County Law&Justice Center Exterior Upgrades Project Bid Price(with accepted alternates): $399,000.00 The term of this Agreement shall commence upon the date of execution as shown above. This agreement may be renewed or terminated upon written notice provided either by the County or the service provider thirty(30) or more days prior to the effective date of renewal or termination. CONTRACTOR acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs, 5,7, 14, 15, 16,21,22,and 25 are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this /0 "1-h day of VV\c , 2021. J CONTRACTOR: LEWIS COUNTY: Wohld � " Lewis County, Chief of Internal Services Ti le of Signatory Authorized by the firm By Laws Mailing Address: Approved as to Form Only: Jonathan Meyer, Prosecutin Attorney crolfb �A-- 9 3 ( B • Deputy Prosecuting Attorney UBI or Contractors License# ,e;F;O �,P,Lae/1 Federal Business Tax ID No. GENERAL CONDITIONS 1. Scope of Contractors Services: The Contractor agrees to provide to the County services and any material set forth in the project narrative identified as Exhibit "A" during the agreement period. No material, labor, or facilities will be furnished by the County,unless otherwise provided for in the Agreement. 2. Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B". Where Exhibit "B" requires payments by Lewis County, payment shall be based upon billings, supported unless otherwise provided in Exhibit"B",by documentation of units of work actually performed and amounts earned, including where appropriate,the actual number days worked each month, total number of hours for the month,and total dollar payment requested.Unless specifically stated in Exhibit"B"or approved in writing in advance by the official executing this Agreement for Lewis County (hereinafter referred to as the "Contracting Officer"), the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. Where required,the County shall,upon receipt of appropriate documentation,compensate the Contractor,no more often than weekly;through the County voucher system for the Contractor's service pursuant to the fee schedule set forth in Exhibit"B". 3. Assignment and Subcontracting: No portion of this contract may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the Contracting Officer or as set forth in Exhibit"A". 4. Labor Standards and Contract Assistance: The Contractor shall comply with the provisions of the Lewis County Contract and Procurement Assistance Program as applicable,attached hereto as"Special Conditions". 5. Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent Contractor and nothing herein contained shall be construed to create a relationship of employer-employee or master-servant,but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent Contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit"B"and the Contractor is not entitled to any County benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits,or any other rights or privileges afforded to Lewis County employees. Contractor will defend,indemnify and hold harmless the County,its officers,agents or employees from any loss or expense,including but not limited to settlements,judgments, setoffs,attorneys'fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 6. No Guarantee of Employment: The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. 7. Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes.Where required by State or Federal law,the Contractor authorizes the County to make withholding for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from • the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes including, but not limited to: Business and Occupation Tax, taxes based on the Contractor's gross or net income,or personal property to which the County does not hold title.The County is exempt from Federal Excise Tax. 8. Regulations and Requirement: This Agreement shall be subject to all laws,rules,and regulations of the United States of America,the State of Washington,and political subdivisions of the State of Washington, and to any other provisions set forth in Special Conditions. 9. Prevailing Wages: Contractor shall pay the prevailing rate of wages to all workers,laborers,or mechanics employed in the performance of any part of the Work in accordance with RCW 39.12 and the rules and regulations of the Department of Labor and Industries. The schedule of prevailing wage rates for the locality or localities of the Work,is determined by the Industrial Statistician of the Department of Labor and Industries. It is the Contractor's responsibility to verify the applicable prevailing wage rate. Each Application for Payment submitted by Contractor shall state that prevailing wages have been paid in accordance with the pre-filed statement(s)of intent,as approved. Copies of the approved intent statement(s)shall be posted on the job site with the address and telephone number of the Industrial Statistician of the Department of Labor and Industries where a complaint or inquiry concerning prevailing wages may be made. In compliance with chapter 296-127 WAC, Contractor shall pay to the Department of Labor and Industries the currently established fee(s) for each statement of intent and/or affidavit of wages paid submitted to the Department of Labor and Industries for certification. 10. Right to Review: This contract is subject to review by any Federal or State auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Contracting Officer. Such review may occur with or without notice, and may include,but is not limited to, on-site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for 3 years after contract termination, and shall make them available for such review, within Lewis County, State of Washington,upon request. 11. Modifications: Either party may request changes in the Agreement.Any and all agreed modifications shall be in writing, signed by each of the parties. 12. Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract or cannot perform because of regulatory order or failure to comply with regulatory requirements, including but not limited to applicable licensing laws, or becomes insolvent or is declared bankrupt or commits any act of bankruptcy- or insolvency or make an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S.mail,postage prepaid,terminate the contract,and at the County's option, obtain performance of the work elsewhere. If the contract is terminated for default,the Contractor shall not be entitled to receive any further payments under the contract until work called for, as may be applicable under Exhibit "A", has been fully performed. Any extra cost or damage to the County resulting from such default(s)shall be deducted from any money due or coming due to the Contractor.The Contractor shall bear any extra expenses incurred by the County in completing the work, as may be applicable under Exhibit"A", including all increased costs for completing the work,and all damage sustained,or which may be sustained by the County by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. 13. Termination for Public Convenience: The County may terminate the contract in whole or in part whenever the County determines, in its sole discretion that such termination is in the interests of the County. Whenever the contract is terminated in accordance with this paragraph,the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made,but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this contract by the County at any time during the term,whether for default or convenience, shall not constitute a breach of contract by the County. 14. Insurance Coverage: Contractor shall provide the following types and amounts of insurance: 1. Commercial General Liability Insurance using Insurance Services Office"Commercial General Liability"policy form CG 00 01,with an edition date prior to 2004,or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than$1,000,000 per occurrence for all covered losses and no less than$2,000,000 general aggregate. 2. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than$1,000,000 per accident for all covered losses. 3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned,non- owned and hired autos,or the exact equivalent. Limits shall be no less than$1,000,000 per accident, combined single limit.If Contractor owns no vehicles,this requirement may be satisfied by a non- owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project,Contractor shall obtain evidence of personal auto liability coverage for each such person. Excess or Umbrella Liability Insurance(Over Primary)if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Such policy or policies shall include as insureds those covered by the underlying policies,including additional insureds. Coverage shall be"pay on behalf',with defense costs payable in addition to policy limits.There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to County for injury to employees of Contractor, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of County following receipt of proof of insurance as required herein. Policy or polices must list Lewis County as"primary,non-contributory"additionally insured. 15. Defense&Indemnity Agreement: To the fullest extent permitted by law,the Contractor agrees to indemnify,defend and hold the County and its departments,elected and appointed officials,agents,and volunteers,harmless from and against any and all claims,damages,losses and expenses,including but not limited to court costs,attorney's fees and alternative dispute resolution costs,for any personal injury,for any bodily injury,sickness,disease or death and for any damage to or destruction of any property(including the loss of use resulting therefrom)which 1)are caused in whole or in part by any act or omission, negligent or otherwise,of the Contractor,its employees, agents or volunteers,and/or Contractor's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of,resulting from or in connection with performance of this Agreement; or 3) are based upon the Contractor's or its subcontractors' use of,presence upon or proximity to the property of the County. This indemnification obligation of the Contractor shall not apply if the claim, damage,loss or expense is caused by the sole negligence of the County. In the event of the concurrent negligence of the Contractor,its subcontractors, employees or agents, and the County,its employees or agents, this indemnification obligation of the Contractor shall be valid and enforceable only to the extent of the negligence of the Contractor,its subcontractors, employees and agents.This indemnification obligation shall not be limited in any way by the Washington State Industrial Insurance Act,RCW Title 51,or by application of any other workmen's compensation act,disability benefit act or other employee benefit act, and the Contractor hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the Contractor are a material inducement to County to enter into this Agreement,are reflected in the Contractor's compensation, and have been mutually negotiated by the Parties. 16. Participation by County—Right to participate; Survival of Contractor's Indemnity Obligations; Indemnity for Subcontractors: The County reserves the right,but not the obligation,to participate in the defense of any claim, damages, losses or expenses and any such participation shall not constitute a waiver of Contractor's indemnity obligations under this Agreement. The Contractor agrees all Contractor's indemnity obligations shall survive the completion, expiration or termination of this Agreement. In the event the Contractor enters into subcontracts to the extent allowed under this Agreement,the Contractor shall include as a requirement in each such contract that Contractor's subcontractors shall indemnify the County on a basis equal to or exceeding Contractor's indemnity obligations to the County. 17. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Lewis. This Agreement shall be governed by the law of the State of Washington. 18. Withholding Payment: In the event the Contractor has failed to perform any substantial obligation to be performed by the Contractor under this Agreement and said failure has not been cured within the times set forth in this Agreement, then the County may, upon written notice, withhold all monies due and payable to Contractor, without penalty, until such failure to perform is cured or otherwise adjudicated. 19. Payment and Performance Bond: Payment and performance bonds for 100%of the Contract Sum, including all Change Orders and state sales tax, shall be furnished for the Work, and shall be in a form acceptable to the Owner. No payment or performance bond is required if the Contract Sum is $35,000 or less and Contractor agrees that Owner may, in lieu of the bond,retain 50% of the Contract Sum for the period allowed by RCW 39.08.010. 20. Future Non-Allocation of Funds: If sufficient funds are not appropriated or allocated for payment under this contract for any future fiscal period,the County will not be obligated to make payments for services or amounts incurred after the end of the current fiscal period.No penalty or expense shall accrue to the County in the event this provision applies. • 21. Contractor Commitments,Warranties and Representations: Any written commitment received from the Contractor concerning this Agreement shall be binding upon the Contractor, unless otherwise specifically provided herein with reference to this paragraph. Failure of the Contractor to fulfill such a commitment shall render the Contractor liable for damages to the County. A commitment includes, but is not limited to any representation made prior to execution of this Agreement, whether or not incorporated elsewhere herein by reference,as to performance of services or equipment,p6ces or options for future acquisition to remain in effect for a fixed period,or warranties. 22. Patent/Copyright Infringement: Contractor will defend and indemnify the County from any claimed action,cause or demand brought against the County,to the extent such action is based on the claim that information supplied by the Contractor infringes any patent or copyright.The Contractor will pay those costs and damages attributable to any such claims that are finally awarded against the County in any action. Such defense and payments are conditioned upon the following: a. That Contractor shall be notified promptly in writing by County of any notice of such claim. b. Contractor shall have the right,hereunder,at its option and expense,to obtain for the County the right to continue using the information in the event such claim of infringement is made, provided no reduction in performance or loss results to the County. 23. Disputes: A. General Differences between the Contractor and the County, arising under and by virtue of the Contract Documents shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Contracting Officer, shall be final and conclusive. B. Notice of Potential Claims The Contractor shall not be entitled to additional compensation which otherwise may be payable,or to extension of time for(1)any act or failure to act by the Contracting Officer or the County, or (2)the happening of any event or occurrence,unless the Contractor has given the County a written Notice of Potential Claim within 10 days of the commencement of the act, failure, or event giving rise to the claim,and before final payment by the County.The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the Work performed, Labor and material used,and all costs and additional time claimed to be additional. C. Detailed Claim The Contractor is not entitled to claim any such additional compensation,or extension of time,unless within 30 days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County,the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. 24. Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by the Contractor and/or its consultants or subcontractors, in connection with the performance of this Agreement shall be the sole and absolute property of the County. • 25. Confidentiality: In the event that the Contractor comes in contact with or obtains knowledge of confidential information, the Contractor shall maintain the confidentiality of all obtained information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the Lewis County Prosecuting Attorney or an order entered by a court after having acquired jurisdiction over the County.Contractor shall immediately give to the County notice of any judicial proceeding seeking disclosure of such information. Contractor shall indemnify and hold harmless the County, its officials, agents or employees from all loss or expense, including, but not limited to settlements,judgments, setoffs, attorneys' fees and costs resulting from Contractor's breach of this provision. 26. Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement, except service of process,notice shall be given by the Contractor to the Contract Manager for whom services are rendered, to wit: Steve Wohld, Chief of Internal Services, 351 NW North Street, Chehalis, Washington 98532-1900. Notice to the Contractor for all purposes under this Agreement shall be given to the address reflected above. Notice may be given by delivery or by depositing in the US Mail, first class,postage prepaid. 27. Severability: If any term or condition of this contract or the application thereof to any person(s)or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term,condition or application. To this end,the terms and conditions of this contract are declared severable. 28. Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument,in writing, signed by the parties hereto. 29. Survival: The provisions of paragraphs 5, 10, 11, 15, 16, 17, 18,21, 22,23, 24,25,26, 27,29,and 30,and the provisions of any non-collusion affidavit required by paragraph 4, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 30. Entire Agreement: This written contract, including all special provisions and attachments, represents the entire Agreement between the parties and supersedes any prior oral statements, discussions or understandings between the parties. • SPECIAL CONDITIONS A. Definitions The COUNTY is the recipient of CONTRACTOR'S services,and at all times acts through its Board of County Commissioners.The Contracting Officer of the COUNTY will be Chief of Internal Services,or his designee. . B. Contractor Registration The CONTRACTOR agrees and covenants to furnish unto the COUNTY proper evidence that the CONTRACTOR has fully complied with the State Licensing Law. CONTRACTOR shall include his contractor's license number in the space provided on the front page of this Agreement. C. Non-Discrimination(Lewis County Funds) The CONTRACTOR should be aware that public funds are being used to assist in this project. During the performance of this contract,the CONTRACTOR agrees as follows: 1. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation;and selection for training,including apprenticeship.The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment,notices to be provided by the contracting officer setting forth the provisions of this non-discrimination clause. 2. The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race,creed,color,or national origin. 3. The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, notice to be provided by the agency contracting officer,advising the labor union or worker's representative of the contractor's commitments under Section 202 or Executive Order No. 11246 of September 24, 1965,and shall post copies of the notice in a conspicuous place available to employees and applicants for employment. 4. The CONTRACTOR will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules,regulations and relevant orders of the Secretary of Labor. 5. The CONTRACTOR will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books and records for purposes of investigation to ascertain compliance with such rules,regulations and orders. 6. In the event of the CONTRACTOR'S non-compliance with the non-discrimination clauses of this contract or with any such rules,regulations,or orders,this contract may be canceled,terminated or suspended in whole or in part and the contract may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may • be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1 965, or by rule,regulation or order of the Secretary of Labor,or as otherwise provided by law. 7. The CONTRACTOR will include the provisions of Paragraphs (1) through (7) in every sub-contract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1 965, so that such provisions will be binding upon each sub-contract or vendor.The CONTRACTOR will take such action with respect to any sub-contract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for non-compliance: Provided,however,that in the event the CONTRACTOR becomes involved in, or is threatened with litigation with a sub-contractor or vendor as a result of such direction by the contracting agency,the CONTRACTOR may request the United States to enter into such litigation to protect the interest of the United States. D. Original Specifications It is hereby expressly agreed by and between the parties involved that in any matter, dispute, suit, or proceedings arising or in any way growing out of this contract in which it may be necessary to introduce into evidence the original of such specifications,that a printed copy thereof may be used in lieu thereof with like force and effect as though the original was produced. E. Eight Hour Law and Payment for Labor The CONTRACTOR agrees to comply with RCW chapter 49.28 providing that no laborer,workman or mechanic in the employ of the CONTRACTOR, sub-contractor, or other person doing or contracting to do the whole or any part of the work contemplated by this contract, shall be permitted or required to work more than eight (8) hours in any one calendar day, provided that, in cases of extraordinary emergency, such danger to life or property, the hours of work may be extended, but in such cases the rate of pay for time employed in excess of eight (8) hours of each calendar day shall not be less than one and one-half times the rate allowed for this same amount of time during eight (8)hours'service.Any work necessary to be performed after regular working hours,or Sunday or legal holidays shall be performed without additional expense to the COUNTY. Notwithstanding the above provisions, a CONTRACTOR may enter into an agreement approved by the employees in which the employees may work up to ten(10)hours in a calendar day for not more than four(4)calendar days in a week. CONTRACTOR further agrees that said contract is terminable in case the CONTRACTOR violates the provisions of such act. The CONTRACTOR,and sub-contractors shall further verify that: 1. Contractor had not employed or retained any company or person (other than a full time bona fide employee working solely for the offeror)to solicit or receive this contract; and 2. Contractor has not paid or agreed to pay any company or person(other than a full-time bona .fide employee working solely for the offeror)any fee,commission,percentage,or brokerage fee contingent upon or resulting from the award of this contract;and 3. Contractor has not been asked or otherwise coerced,whether expressed or implied,into contributing funds, for any purpose as a condition to doing business with the COUNTY. It is further agreed that in case any dispute arises as to what are the prevailing wages for the work of a similar nature and such dispute cannot be adjusted by the parties involved,the matter shall be referred for arbitration to the Director of the Department of Labor & Industries of the State and his decision therein shall be final, binding,and conclusive on all parties. • F. To the extent applicable, the parties agree that this agreement and CONTRACTOR'S work does not create or imply a license agreement for the use of software, code, or a computer program. CONTRACTOR agrees that COUNTY shall have the sole and exclusive ownership of all rights,title,and interest in all software,written code, computer programs created or written by CONTRACTOR and that COUNTY has the right of unlimited use of the software, code and programs, including reproduction, modification and sale. CONTRACTOR denies any proprietary rights,including copyrights,trademarks,trade secrets,or intellectual property rights,to any software, code or program. G. To the extent applicable, Contractor warrants that the computer code, software, or computer program installed by CONTRACTOR is not patented or copyrighted. CONTRACTOR will defend and indemnify the COUNTY from any claim,cause or demand brought against the COUNTY based upon copyright or patent of the software, computer code,or computer program installed by CONTRACTOR. Exhibit A-SCOPE OF WORK/SPECIFICATIONS This project will remove and replace the entire south facade (EIFS system) and portions of the east and north facades of the Law and Justice Center building per attached drawings and specifications prepared by KMB Architects and included herein by reference. Exhibit B- Compensation deD Compensation will be made in the amount of$ 3 %0\fc0 plus Washington State Sales Tax upon completion of contract. Progress payments may be made at County's discretion upon County's approval of Contractor's invoices, to the extent that said invoices reflect the completion of project milestones by the Contractor (milestones are points at which significant components of the project have been completed and at which tangible project deliverables of material value have been received by the County). PERFORMANCE BOND FOR Bond No. 107420287 LEWIS COUNTY, WASHINGTON WE, Schwiesow Construction, Inc. dib/a Omen legal name of Contractor, Insert trade tune of Contractor.if any) (hereinafter"Principal"),and Travelers Casualty and Surety Company of America (hereinafter "Surety"). are held and firmly bound unto LEWIS COUNTY,WASHINGTON(hereinafter"County").as Obligee,in an amount(in lawful money of the United States of America)equal to the total compensation and expense reimbursement payable to Principal for satisfactory completion of Principal's work under Contract No. 31-2026 between Principal and County,which total is initially Four Hundred Thirty-one Thousand,Seven Hundred Eighteen and No/100 Dollars($431,718.00 ), for the payment of which sum Principal and Surety bind themselves,their executors,administrators,legal representatives,successors and assigns,jointly and severally,firmly by these presents..Said contract(hereinafter referred to as"the Contract")is for Law&Justice Center Exterior Upgrades Project,Project No.J2050 and is made a part hereof by this reference.The Contract includes the original agreement as well as all documents attached thereto or made a part thereof and amendments,change orders,and any other document modifying,adding to or deleting from said Contract any portion thereof. This Bond is executed in accordance with the laws of the State of Washington,and is subject to all provisions thereof and the ordinances of County insofar as they are not in conflict therewith,and is entered into for the use and benefit of County,and all laborers,mechanics,subcontractors,and materialmen,and all persons who supply such person or persons,or subcontractors.with provisions or supplies for the caning on of the work coveted by Contract No. 31-2026 between the below-named Contractor and County for Law&Justice Center Exterior Upgrades Project,Project No.J2050 ,a copy of which Contract,by this reference is made a part hereof and is hereinafter referred to as"the Contract."(The Contract as defined herein includes the aforesaid agreement together with all of the Contract documents including addenda, exhibits, attachments, modifications, alterations, and additions thereto, deletions therefrom, amendments and any other document or provision attached to or incorporated into the Contract) THE CONDITION OF THIS OBLIGATION is such that if Contractor shall promptly and faithfully performs the Contract, then this obligation shall be null and void;otherwise it shall remain in full force and effect. THE PARTIES FURTHER ACKNOWLEDGE&AGREE AS FOLLOWS: (I) Surety hereby consents to,and waives notice of,any alteration,change order,or other modification of the Contract and any extension of time made by County,except that any single or cumulative change order amounting to more than twenty-five percent(25%)of the penal sum of this bond shall require Surety's written consent. (2) Surety recognizes that the Contract includes provisions for additions,deletions,and modifications to the work or Contract Time and the amounts payable to Contractor.Subject to the limitations contained in paragraph(I)above,no such change or any combination thereof,shall void or impair Surety's obligation hereunder. (3) Surety shall indemnify,defend and protect County against any claim of direct or indirect loss resulting from the failure: (a) Of the Contractor(or any of the employees,subcontractors,or lower tier subcontractors of the Contractor)to faithfully perform the Contract,or (b)Of the Contractor(or the subcontractors or lower tier subcontractors of the Contractor)to pay all laborers,mechanics,subcontractors, lower tier subcontractors,material person,or any other person who provides supplies or provisions for carrying out the work. (4) Whenever County has declared Contractor to be in default and County has given Surety written notice of such declaration,Surety shall promptly (in no event more than thirty 1301 days following receipt of such notice),specify,in written notice to County,which of the following actions Surety intends to take to remedy such default,and thereafter shall: (a)Remedy the default within fifteen(15)days after its notice to County,as stated in such notice;or (b) Assume within fifteen (15)days following its notice to County, full responsibility for the completion of the Contract in accordance with all of its provisions,as stated in such notice,and become entitled to payment of the balance of the Contract sum as provided in the Contract;or (c) Pay County upon completion of the Contract,in cash,the cost of completion together with all other reasonable costs and expenses incurred by County as a result of Contractor's default,including but not limited to those incurred by County to mitigate its losses,which may include but are not limited to attorneys'fees and the cost of efforts to complete the work prior to Surety's exercising any option available to it under this Bond;or (d) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions,and upon a determination by County and Surety jointly of the lowest responsible bidder,arrange for one or more agreements between such bidder and County,and make available as work progresses(even though there is a default or a succession of defaults under such agreement(s)for completion arranged for under this paragraph)sufficient funds to pay the cost of completion less the balance of the Contract price,but not exceeding,including other costs and damages for which Surety may be liable hereunder,the penal sum of this Bond.The term "balance of the Contract price,"as used in this paragraph, shall mean the total amount payable by County to Contractor under the Contract, less the amount properly paid by County to Contractor. (5) If County commences suit and obtains judgment against Surety for recovery hereunder,then Surety,in addition to such judgment.shall pay all costs and attorneys' fees incurred by County in enforcement of County's rights hereunder. The venue for any action arising out of or in connection with this bond shall be in Lewis County.Washington. (6) No right or action shall accrue on this Bond to or for the use of any person or corporation other than Lewis County,except as herein provided. (7) No rider,amendment or other document modifies this Bond except as follows.which bythis reference is incorporated herein: • • • SURETY'S QUALIFICATIONS:Every Surety named on this bond must appear on the United States Treasury Department's most current list (Circular 570 as amended or superseded)and be authorized by the Washington State Insurance Commissioner to transact business as a surety in the State of Washington.In addition,the Surety must have a current rating of at least A-:VII in A.M.Best's Key Rating Guide. INSTRUCTIONS FOR SIGNATURES:This bond must be signed by the president or a vice-president of a corporation;the managing general partner of a partnership:managing joint venturer of a joint venture:manager of a limited liability company or,if no manager has been designated, a member of such LLC;a general partner of a limited liability partnership:or the owner(s)of a sole proprietorship.If the bond is signed by any other representative,the Principal must attach currently-dated,written proof of that signer's authority to bind the Principal.identifying and quoting the provision in the corporate articles of incorporation,bylaws,Board resolution,partnership agreement,certificate of formation,or other document authorizing delegation of signature authority to such signer,and confirmation acceptable to the County that such delegation was in effect on the date the bond was signed. �pllnnn nljlq r•`�11.p,�T Y AND'''. A NOTARY 'BLIC MUST ACK.�A ? ii�;E� �ifa JVATUREBELOW. FOR THE U ET1':Travelers Cam arkrety CdnT{Sau5 FOR THE.P NC L: chwiesow Construction, Inc. rca B CC,/) °/) c" By: I.ignature of Auu - -r a,t) :y Y./v (U �- .// ISigrwurc of ar ri fur Contractor) Holli Albers,Attorney-in-Fact ". /-1 j G k G(, 6 ;u h O W (Type or prim name of Atrwney-in-Fact) s�i Y�>•. .•'>Q�,:,` rtype or prim urc of signer(or nfar/KI I 253-759-2200 '<"' ' I l3wd .•`� (Type or print teierame n 111111ttil-° -- T4.149409�li r Cnfnraimn ---_.._.__-.___ STATE OF ) SS: AutrstuvvLtWMtr 1 I-UKLUN11tALIOR S—ATE COUNT"OF ) O'_) )ss: On this day of ,before me a notary public in and for the State of ,duly commissioned and sworn, personally appeared ,the person described in and who executed the foregoing bond,and acknowledged to me that signed and sealed said bond as the free and voluntary act and deed of the Contractor so identified in the foregoing bond for the uses and purposes therein mentioned,and on oath stated that is authorized to execute said bond for the Contractor named therein. WITNESS my hand and offi;ial seal hereto affixed the day and year in this certificate first above written, (Sdoature of Notary Public) ;Pont or type name of Notary Public) Notary 'ublic in and for the State of residing at �- My corn mission expires SEAL-) STATE OF WASHINGTON ACKNOWLEDGMENT FOR SURETY COUNTY OF PIERCE i On this 29th day of April 2021,before me a notary public in and for the State of Washington ,duly commissioned and sworn, personally appeared Holli Albers .Attorney-in-Fact for the Surety that executed the foregoing bond,and acknowledged said bond to be the free and voluntary act and deed of the Surety for the uses and purposes therein mentioned,and on oath s ollRhTAl is at • "zed to exec - said bond on behalf of the Surety,and that the seal affixed on said bond or the annexed Power of ut ey, tlEc 4te Iry hand and•- ' I seal hereto affixed the day and year in this certificate first above w tip, .., ...1,111.1, (0 oo dor i r �,1;i'' Carle J.Espiritu,NotaryPublic so w= 'ram 'Ii1���S "� true of'cxnry Pub Ty IPn,u a type WV of Notary Publi. r`�� �O 1�y s G 0 Notary Public'n an• for the State of Washington residing at Bonney Lake,Washington j V: —�• My commission sires 4/30/2022 . 0 Lei PUBL\G i SEAL. 0,-:,;.0, 4 v4.g p.2'L A,-;.. Travelers Casualty and Surety Company of America AM. Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Holli Albers of TACOMA Washington , their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 3rd day of February, 2017. 1178N4A111 IDNIZZIDNe °u'Vry 4.A,VI440• a : MRTIOib,` b'COW.. +fi J State of Connecticut By: City of Hartford ss. Robert L.Raney,Se tor r Vice President On this the 3rd day of February,2017,before me personally appeared Robert L. Raney,who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. p T[T My Commission expires the 30th day of June,2021 /7 \ MOJ�A. Q to * t Marie C.Tetreault,Notary Public s This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b) duly executed(under seal, if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President, any Secretary, any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Cpieitysenc,Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby s.003tEtatRlicrpittoie and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and eifect. .•••''•' ''••. Dated this 29th day of April 2021 r am: �rwnyci_ �,y, vizet E Q c HARTFORD. :< : c:, 3'MA trOso,COWL g o �j wwfwro. • '1 caMorMOM ;• :� q ��,. a p . /� 0 ' t ,, - • * �.ss° ll KevinE. Hughes,Assistant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which the power is attached. Client#: 7211 SCHWCONS YYYY) MMIDD/ ACORD... 0/2021 , CERTIFICATE OF LIABILITY INSURANCE DATE 4I3( M/DD/ 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 have ADDITIONAL INSURED provisions or 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Diane Harding _ Propel Insurance P"°NENo,Eat): pvc,No): 800 499-0933 FAX 866 577-1326 (A/C, Tacoma Commercial Insurance E-MAIL diane.harding@propelinsurance.com linsurance.com ADDRESS: 1201 Pacific Ave,Suite 1000 INSURER(S)AFFORDING COVERAGE NAIC Tacoma,WA 98402 INSURER A:BITCO General Insurance Corporation 20095 INSURED INSURER B:Tokio Marine Specialty Insurance Compan 23850 Schwiesow Construction Inc. Westchester Surplus Lines Insurance Co. 10172 920 Fair Street INsuRERc: rP INSURER D: Centralia,WA 98531 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MMIDD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY CLP3703147 02/28/2021 02/28/2022 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR PREMISESfEeE rrence) $300,000 X PD Ded:2,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PR - POLICY X ECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY CAP3703148 02/28/2021 02/28/2022 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ — OWNED SCHEDULED BODILY INJURY(Per accident) $ _ AUTOS ONLY _ AUTOS •HIRED NON-OWNED PROPERTY DAMAGE $ A AUTOS ONLY X AUTOS ONLY (Per accident) A X UMBRELLA LIAB X OCCUR CUP2819021 02/28/2021 02/28/2022 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$10000 $ A WORKERS COMPENSATION CLP3703147 02/28/2021 02/28/2022 STATUTE ER" AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEY/N WA Stop Gap E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under - DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A installation Fltr CLP3703147 02/28/2021 02/28/2022 $750,000 limit B Excess Liab PUB757566 02/28/2021 02/28/2022 $5,000,000 ea occ/agg C Pollution Liab G71520043003 02/28/2021 02/28/2022 $2,000,000 eaclm/agg DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Project#31-2026/Lewis County Law&Justice Center Exterior Upgrades Project. Additional Insured Status applies per attached form(s). 45 Day Notice of Cancellation applies. CERTIFICATE HOLDER CANCELLATION Lewis County,Washington SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE g THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Dept of Central Services ACCORDANCE WITH THE POLICY PROVISIONS. 351 NW North Street Chehalis,WA 98532 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S4597568/M4490417 KTROO This page has been left blank intentionally. Policy Number: COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - SPECIFIC ENTITIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM WHO IS AN INSURED is changed to include as an "insured" the person or organization named in this endorsement. However, the additional insured is an "insured" only for "bodily injury" or "property damage" arising out of work or operations performed by you or on your behalf for the additional insured and resulting from the ownership, maintenance or use of a "covered auto," by: 1. You, or 2. Any of your employees or agents; or 3. Anyone other than the additional insured or any employee or agent of the additional insured, while using with your permission a covered "auto"you own, hire or borrow. ADDITIONAL INSURED: Any person or organization for whom the named insured has agreed by written "insured contract" to designate as an additional insured subject to all the provisions and limitations of this policy. A-2931 (11/99) This page has been left blank intentionally. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUILDERS EXTENDED LIABILITY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM It is agreed that the provisions listed below apply only upon the entry of an X in the box next to the caption of such provision. A. X Partnership and Joint Venture Extension N. X Construction Project General Aggregate Limits B. X Contractors Automatic Additional Insured O. X Fellow Employee Coverage Coverage—Ongoing Operations P. X Property Damage Liability-Elevators C. X Automatic Waiver of Subrogation Q. X Property Damage to the Named Insured's Work D. Extended Notice of Cancellation, Nonrenewal R. X Care,Custody or Control E. X Unintentional Failure to Disclose Hazards S. X Concrete Rework Labor Reimbursement F. X Broadened Mobile Equipment Coverage G. X Personal and Advertising Injury-Contractual T. X Lost Key Coverage Coverage U. X Electronic Data Liability Coverage H. X Nonemployment Discrimination V. X Consolidated Insurance Program Residual I. X Liquor Liability Liability Coverage J. X Broadened Conditions W X Automatic Additional Insureds—Managers or Lessors of Premises K. X Automatic Additional Insureds—Equipment Leases X. X Automatic Additional Insureds—State or Governmental Agency or Political Subdivisions— L. X Insured Contract Extension-Railroad Property Permits or Authorizations and Construction Contracts Y. X Contractors Automatic Additional Insured M. X Turnkey Jobs-Coverage For Alienated Premises Coverage—Completed Operations Z. X Additional Insured—Engineers, Architects or Surveyors A. PARTNERSHIP AND JOINT VENTURE EXTENSION The following provision is added to SECTION II -WHO IS AN INSURED: The last full paragraph which reads as follows: No person or organization is an insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations. GL-3084 (09/11) -1- is deleted and replaced with the following: With respect to the conduct of any past or present joint venture or partnership not shown as a Named Insured in the Declarations and of which you are or were a partner or member, you are an insured, but only with respect to liability arising out of"your work" on behalf of any partnership or joint venture not shown as a Named Insured in the Declarations, provided no other similar liability insurance is available to you for "your work" in connection with your interest in such partnership or joint venture. B. CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE—ONGOING OPERATIONS SECTION II —WHO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the project(s) designated in the written contract. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to"bodily injury"or"property damage"occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured,this insurance will be excess. C. AUTOMATIC WAIVER OF SUBROGATION Item 8. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, is deleted and replaced with the following: 8. Transfer of Rights of Recovery Against Others to Us and Automatic Waiver of Subrogation. a. If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair those rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. GL-3084 (09/11) -2- b. If required by a written contract executed prior to loss, we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of"your work"for that person or organization. D. EXTENDED NOTICE OF CANCELLATION, NONRENEWAL Item A.2.b. of the COMMON POLICY CONDITIONS, is deleted and replaced with the following: A.2.b. 60 days before the effective date of the cancellation if we cancel for any other reason. Item 9. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, is deleted and replaced with the following: 9. WHEN WE DO NOT RENEW a. If we choose to nonrenew this policy, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 60 days before the expiration date. b. If we do not give notice of our intent to nonrenew as prescribed in a. above, it is agreed that you may extend the period of this policy for a maximum additional sixty(60) days from its scheduled expiration date. Where not otherwise prohibited by law, the existing terms, conditions and rates will remain in effect during that extension period. It is further agreed that so long as it is not otherwise prohibited by law, this one time sixty day extension is the sole remedy and liquidated damages available to the insured as a result of our failure to give the notice as prescribed in 9.a. above. E. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Although we relied on your representations as to existing and past hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. F. BROADENED MOBILE EQUIPMENT Item 12.b. of SECTION V-DEFINITIONS, is deleted and replaced with the following: 12.b. Vehicles maintained for use solely on or next to premises, sites or locations you own, rent or occupy. G. PERSONAL AND ADVERTISING INJURY-CONTRACTUAL COVERAGE Exclusion 2.e.of SECTION I, COVERAGE B is deleted. H. NONEMPLOYMENT DISCRIMINATION Unless"personal and advertising injury" is excluded from this policy: Item 14.of SECTION V-DEFINITIONS, is amended to include: "Personal and advertising injury" also means embarrassment or humiliation, mental or emotional distress, physical illness, physical impairment, loss of earning capacity or monetary loss, which is caused by"discrimination." SECTION V-DEFINITIONS, is amended to include: "Discrimination" means the unlawful treatment of individuals based on race, color, ethnic origin, age, gender or religion. GL-3084 (09/11) -3- permanent lodging or premises►by or at the direction of any insured. Fines, penalties, specific performance or injunctions levied or imposed by a governmental entity, or aovernmentai code. law. or statute because of"discrimination." Item 2. Exclusions of SECTION I, COVERAGE B, is amended to include: "Personal and advertising injury" arising out of"discrimination" directly or indirectly related to the past employment, employment or prospective employment of any person or class of persons by any insured. "Personal and advertising injury" arising out of"discrimination" by or at your, your agents or your "employees"direction or with your,your agents or your"employees" knowledge or consent. "Personal and advertising injury" arising out of"discrimination" directly or indirectly related to the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any dwelling, permanent lodging or premises by or at the direction of any insured. Fines, penalties, specific performance or injunctions levied or imposed by a governmental entity, or governmental code, law, or statute because of"discrimination." I. LIQUOR LIABILITY Exclusion 2.c. of SECTION I, COVERAGE A, is deleted. J. BROADENED CONDITIONS Items 2.a. and 2.b. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, are deleted and replaced with the following: 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit: a. You must see to it that we are notified of an "occurrence" or an offense which may result in a claim as soon as practicable after the "occurrence" has been reported to you, one of your officers or an "employee"designated to give notice to us. Notice should include: (1) How,when and where the"occurrence"or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or"suit" is brought against any insured,you must: (1) Record the specifics of the claim or"suit" and the date received as soon as you, one of your officers, or an "employee" designated to record such information is notified of it; and (2) Notify us in writing as soon as practicable after you, one of your officers, your legal department or an "employee" you designate to give us such notice learns of the claims or"suit." Item 2.e. is added to SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: 2.e. If you report an "occurrence" to your workers compensation insurer which develops into a liability claim for which coverage is provided by the Coverage Form, failure to report such "occurrence" to us at the time of "occurrence" shall not be deemed in violation of paragraphs 2.a., 2.b., and 2.c. However, you shall give written notice of this "occurrence"to us as soon as you are made aware of the fact that this "occurrence" may be a liability claim rather than a workers compensation claim. GL-3084 (09/11) -4- K. AUTOMATIC ADDITIONAL INSUREDS-EQUIPMENT LEASES SECTION II - WHO IS AN INSURED is amended to include any person or organization with whom you agree in a written equipment lease or rental agreement to name as an additional insured with respect to liability for"bodily injury", "property damage" or"personal and advertising injury"caused, at least in part, by your maintenance, operation, or use by you of the equipment leased to you by such person or organization, subject to the following additional exclusions. The insurance provided to the additional insured does not apply to: 1. "Bodily injury"or"property damage"occurring after you cease leasing the equipment. 2. "Bodily injury"or"property damage"arising out of the sole negligence of the additional insured. 3. "Property damage"to: a. Property owned, used or occupied by or rented to the additional insured; or b. Property in the care, custody or control of the additional insured or over which the additional insured is for any purpose exercising physical control. This insurance is excess of all other insurance available to the additional insured,whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured,this insurance will be excess. L. INSURED CONTRACT EXTENSION -RAILROAD PROPERTY AND CONSTRUCTION CONTRACTS Item 9. of SECTION V-DEFINITIONS, is deleted and replaced with the following. 9. "Insured Contract"means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. GL-3084 (09/11) -5- Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. M. TURNKEY JOBS-COVERAGE FOR ALIENATED PREMISES It is agreed that: Exclusion 2.j.(2) of SECTION I, COVERAGE A, does not apply if the premises are "your work" and were not occupied, rented or held for rental by you for more than 12 months after completion. N. CONSTRUCTION PROJECT GENERAL AGGREGATE LIMITS This modifies SECTION III -LIMITS OF INSURANCE. A. For all sums which can be attributed only to ongoing operations at a single construction project for which the insured becomes legally obligated to pay as damages caused by an "occurrence" under SECTION I - COVERAGE A, and for all medical expenses caused by accidents under SECTION I -COVERAGE C: 1. A separate Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard," and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing"suits." 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate Limit. GL-3084 (09/11) -6- B. For all sums which cannot be attributed only to ongoing operations at a single construction project for which the insured becomes legally obligated to pay as damages caused by an "occurrence" under SECTION I - COVERAGE A, and for all medical expenses caused by accidents under SECTION I -COVERAGE C: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Construction Project General Aggregate Limit. C. Payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D. If a construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables,the project will still be deemed to be the same construction project. E. The provisions of SECTION III - LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to be applicable. O. FELLOW EMPLOYEE COVERAGE Exclusion 2.e. Employers Liability of SECTION I, COVERAGE A, is deleted and replaced with the following: 2.e. "Bodily injury"to (1) An "employee"of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of paragraph (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to: (1) Liability assumed by the insured under an "insured contract"; or (2) Liability arising from any action or omission of a co-"employee"while that co-"employee" is either in the course of his or her employment or performing duties related to the conduct of your business. GL-3084 (09/11) -7- Item 2.a.(1)(a)of SECTION II -WHO IS AN INSURED, is deleted and replaced with the following: 2.a.(1)(a) To you, to your partners or members (if you are a partnership or joint venture) or to your members (if you are a limited liability company), or to your "volunteer workers" while performing duties related to the conduct of your business. P. PROPERTY DAMAGE LIABILITY-ELEVATORS "Property damage" liability is changed as follows: 1. Exclusions 2.j.(3) and 2.j.(4) of SECTION I, COVERAGE A, do not apply to the use of elevators. 2. The insurance afforded by reason of this provision is excess over any valid and collectible property insurance (including any deductible portion thereof) available to the insured whether primary, excess, contingent or on any other basis, and the OTHER INSURANCE condition is changed accordingly. Q. PROPERTY DAMAGE TO THE NAMED INSURED'S WORK Exclusion I of SECTION I, COVERAGE A. is deleted and replaced with the following: I. Damage to Your Work "Property damage"to "your work" arising out of it or any part of it and included in the "products completed operation hazard." This exclusion applies only to that portion of any loss in excess of$50,000 per occurrence if the damaged work and the work out of which the damage arises was performed by you. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. R. CARE, CUSTODY OR CONTROL Exclusion 2.j.4 of SECTION I, COVERAGE A. is deleted and replaced with the following: 2.j.4 Personal property in the care, custody or control of the insured. However, for personal property in the care, custody or control of you or your "employees," this exclusion applies only to that portion of any loss in excess of $25,000 per occurrence, subject to the following terms and conditions; (a) The most that we will pay under this provision as an annual aggregate is $100,000, regardless of the number of occurrences. (b) This provision does not apply to "employee"owned property or any property that is missing where there is not physical evidence to show what happened to the property. (c) The aggregate limit for this coverage provision is part of the General Aggregate Limit and SECTION III-LIMITS OF INSURANCE is changed accordingly. (d) In the event of damage to or destruction of property covered by this exception, you shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs thereto, at actual cost to you, exclusive of prospective profit or overhead charges of any nature. (e) $2,500 shall be deducted from the total amount of all sums you became obligated to pay as damages on account of damage to or destruction of all property of each person or GL-3084 (09/11) -8- organization, including the loss of use of that property, as a result of each "occurrence." Our limit of liability under the endorsement as being applicable to each "occurrence" shall be reduced by the amount of the deductible indicated above; however, our aggregate limit of liability under this provision shall not be reduced by the amount of such deductible. The conditions of the policy, including those with respect to duties in the event of"occurrence," claims or"suit" apply irrespective of the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or"suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. S. CONCRETE REWORK LABOR REIMBURSEMENT COVERAGE As it applies to this coverage, SECTION I -COVERAGE A is amended as follows: 1. Insuring Agreement, is deleted and replaced by the following: We will reimburse you for your direct labor expense associated with your "concrete rework" which was performed by you during the policy period due to the original "concrete product" failing to meet contractual specifications as ordered for the job or accepted industry standards for its specific intended use, verified by testing by an ASTM (American Society of Testing & Materials)accredited independent testing agency. 2. Exclusions, is deleted and replaced by the following: The insurance provided by this endorsement does not apply to: a. "Cosmetic Defects" b. Loss of use c. Changes to the "concrete product" contractual specifications not acknowledged by the named insured in writing prior to the beginning of the job d. "Loss" arising from the"subsidence"of land e. "Loss" arising from work performed on your behalf by a subcontractor, except for the supply of the "concrete product" f. Cost of materials used in the installation of the"concrete product" or"concrete rework" g. Damages or "loss" that is covered by a Property or Inland Marine coverage form for your financial interest in your project and structures h. "Loss" unless the "concrete rework" is completed within one year from the completion of the original"concrete product" installation performed by you i. "Loss"caused by the failure to order the"concrete product"as required: a. In the contractual specifications; or b. By accepted industry standards for its specific intended use j. "Loss"expected or intended from the standpoint of the insured k. "Concrete product"supplied by you GL-3084 (09/11) -9- SECTION III -LIMITS OF INSURANCE is amended to include the following: 1. The Limits of Insurance as shown and the rules below fix the most we will pay regardless of the number of a. Insureds covered under this insurance; b. "Concrete rework" projects to which this insurance applies. "Concrete Rework" Project Limit $50,000 "Concrete Rework" Policy Aggregate Limits $50,000 "Concrete Rework" Deductible $ 1,000 2. The "Concrete Rework" Project Limit shown above is the most we will reimburse you for your direct labor expense arising out of any single "concrete rework" project. 3. Subject to 2. above, the "Concrete Rework" Policy Aggregate Limit shown above is the most we will reimburse you for your direct labor expenses for the sum of all "concrete rework" projects. 4. The "Concrete Rework" Project Limit and the "Concrete Rework" Policy Aggregate Limits shall be included within and not be in addition to the General Aggregate Limit or the Products- Completed Operations Aggregate Limit (whichever applies), as stated in the declarations and as described in SECTION III-LIMITS OF INSURANCE. 5. Our obligation to reimburse you applies only to the amount of your direct labor expense in excess of the "Concrete Rework" Deductible stated above. This deductible shall apply separately to each "concrete rework" project. The Limits of Insurance of this coverage apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with either the beginning of the policy period shown in the Declarations, or the effective date of the endorsement, whichever is less. If the policy period is extended after issuance for an additional period of less than 12 months the additional period will be deemed part of the preceding period for purposes of determining the Limits of Insurance. SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: Item 2. Duties in The Event Of Occurrence, Offense, Claim Or Suit is deleted and replaced by the following: 2. Duties in The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified prior to completing the "concrete rework"which may result in labor reimbursement. Notice should include: (1) How, when and where the incident took place; (2) The names and addresses of any witnesses, and (3) The estimated labor expense for the"concrete rework" b. You must promptly take all steps to minimize the expenses involved. c. You must cooperate with us and upon request, assist in enforcing any right of contribution or indemnity against any person or organization. GL-3084 (09/11) -10- d. You must provide us with proof of loss and any other required documents within 60 days of our request. You must also permit us to examine and copy any of your books and records at any reasonable time. You, your"employees"and your agents must, if we require you to, submit to examination under oath at such times as may be required, and sign a copy of the examination. e. No insureds will, except at their own cost, assume any obligation, or incur any expense without our consent. SECTION V-DEFINITIONS is amended to add the following: "Concrete rework" means the alteration, repair, removal or replacement of a "concrete product" "Concrete product" means any product you directly install consisting of concrete, cement, sand, mortar mix or related materials "Cosmetic defects" means a superficial or surface defect that does not affect the structural integrity of the"concrete product" "Loss" means your direct labor expense associated with a "concrete rework" project "Subsidence" means earth movement, including but not limited to: a. Landslide; b. Mud flow; c. Earth sinking; d. Earth rising; e. Collapse or movement of fill; f. Improper compaction; g. Earth settling, slipping, falling away, caving in, eroding, tilting or shifting; h. Earthquake; or I. Any other movement of land or earth. T. LOST KEY COVERAGE As it applies to this coverage, SECTION I, COVERAGE A, is amended to include as follows: We will pay those sums, subject to the limits of liability and deductible stated herein, that you become legally obligated to pay as damages due to the loss or mysterious disappearance of keys entrusted to or in the care, custody or control of you or your"employees" or anyone acting on your behalf. The damages covered by this endorsement are limited to the: 1. Actual cost of the keys; 2. Cost to adjust locks to accept new keys; or 3. Cost of new locks, if required, including the cost of installation. GL-3084 (09/11) -11- Item 2. Exclusions of SECTION I, COVERAGE A, is amended to include the following: 1. Keys owned by any insured, employees of any insured, or anyone acting on behalf of any insured. 2. Any resulting loss of use from the loss or mysterious disappearance of keys; or 3. Any of the following acts by any insured, employees of any insured, or anyone acting on behalf of any insureds: a. Misappropriation; b. Concealment; c. Conversion; d. Fraud; or e. Dishonesty Exclusions 2.j.(3)and 2.j.(4)of SECTION I, COVERAGE A do not apply to Lost Key Coverage. SECTION III -LIMITS OF INSURANCE is amended to include the following: 1. The Lost Key Coverage Occurrence Limit shown below is the most we will pay for each occurrence for damages for Lost Key Coverage provided in this endorsement. 2. The Lost Key Coverage Policy Aggregate Limit shown below is the most we will pay for all occurrences covered by this endorsement during the policy period. Lost Key Coverage Occurrence Limit $50,000 Lost Key Coverage Policy Aggregate Limit $50,000 Lost Key Coverage Deductible $ 1,000 3. The Lost Key Coverage Policy Aggregate Limit shall be included within and not be in addition to the General Aggregate Limit or the Products-Completed Operations Aggregate Limit (whichever applies), as stated in the declarations and as described in SECTION III - LIMITS OF INSURANCE. Our obligation under this coverage to pay damages on your behalf applies only to the amount of damages in excess of the Lost Key Coverage Deductible stated above. The deductible applies on an "occurrence"basis. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. U. ELECTRONIC DATA LIABILITY COVERAGE 1. Exclusion 2.p. Electronic Data of SECTION I, COVERAGE A, is deleted and replaced with the following: 2.p. Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate"electronic data"that does not result from physical injury to tangible property. GL-3084 (09/11) -12- 2. The following definition is added to SECTION V—DEFINITIONS: "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. For the purposes of this coverage, the definition of "property damage" in SECTION V — DEFINITIONS is replaced by the following: "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; b. Loss of use of tangible property that is not physically injured.All such loss of use shall be deemed to occur at the time of the"occurrence"that caused it; or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, "electronic data" is not tangible property. V. CONSOLIDATED INSURANCE PROGRAM RESIDUAL LIABILITY COVERAGE With respect to "bodily injury", "property damage", or 'personal and advertising injury" arising out of your ongoing operations; or operations included within the "products-completed operations hazard", the policy to which this coverage is attached shall apply as excess insurance over coverage available to "you" under a Consolidated Insurance Program (such as an Owner Controlled Insurance Program or Contractors Controlled Insurance Program). Coverage afforded by this endorsement does not apply to any Consolidated Insurance Program involving a "residential project" or any deductible or insured retention, specified in the Consolidated Insurance Program. The following is added to Section V—Definitions "Residential project" means any project where 30% or more of the total square foot area of the structures on the project is used or is intended to be used for human residency. This includes but is not limited to single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments and appurtenant structures (including pools, hot tubs, detached garages, guest houses or any similar structures). A "residential project" does not include military owned housing, college/university owned housing or dormitories, long term care facilities, hotels, motels, hospitals or prisons. All other terms, provisions, exclusions and limitations of this policy apply. W. AUTOMATIC ADDITIONAL INSUREDS-MANAGERS OR LESSORS OF PREMISES SECTION II—WHO IS AN INSURED is amended to include: Any person or organization with whom you agree in a written contract or written agreement to name as an additional insured but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises, designated in the written contract or written agreement,that is leased to you and subject to the following additional exclusions: GL-3084 (09/11) -13- This insurance does not apply to: 1. Any"occurrence"which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the additional insured listed in the written contract or written agreement. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured,this insurance will be excess. X. AUTOMATIC ADDITIONAL INSUREDS -STATE OR GOVERNMENTAL AGENCY OR POLITICAL SUBDIVISIONS—PERMITS OR AUTHORIZATIONS SECTION II — WHO IS AN INSURED is amended to include any state or governmental agency or subdivision or political subdivision with whom you are required by written contract, ordinance, law or building code to name as an additional insured subject to the following provisions: This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury" or "property damage" included within the "products-completed operations hazard". This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. Y. CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE—COMPLETED OPERATIONS SECTION II —WHO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy for completed operations, but only with respect to liability for"bodily injury"or"property damage"caused, in whole or in part, by "your work" at the project designated in the contract, performed for that additional insured and included in the"products-completed operations hazard". This insurance is excess of all other insurance available to the additional insured,whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured,this insurance will be excess. GL-3084 (09/11) -14- Z. ADDITIONAL INSURED—ENGINEERS,ARCHITECTS OR SURVEYORS SECTION II —WHO IS AN INSURED is amended to include as an additional insured any architect, engineer or surveyor who is required by written contract to be an additional insured on your policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed by you or on your behalf. This includes such architect, engineer or surveyor, who may not be engaged by you, but is contractually required to be added as an additional insured to your policy. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury"arising out of the rendering of or the failure to render any professional services, including: 1. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or 2. Supervisory, inspection or engineering services. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured,this insurance will be excess. GL-3084 (09/11) -15- This page has been left blank intentionally. FORM LEWIS COUNTY, WA 12.16.03 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURED(Legal name and business address) CERTIFICATE HOLDER: CONTRACT NUMBER LEWIS COUNTY,WASHINGTON DEPT.OF CENTRAL SERVICES LEWIS COUNTY HISTORICAL COURTHOUSE DATE ISSUED: 351 N.W.NORTH STREET CHEHALIS,WASHINGTON 98532 PROJECT DESCRIPTION/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS: This is to certify that policies of Insurance listed below have been issued to the Insured named above for the policy period indicated. CO LTR TYPE pF INSURANCE POLICY Date Policy Date Policy ALL LIMITS IN THOUSANDS I I NUMBER Effective Expires (MM/DD/YY) (MM/DD/YY) GENERAL LIABILITY General Aggregate I $ — Commercial General Liability Products Comp/Ops Aggregate $ �, Claims Made Occurrence Personal&Advertising Injury $ — Owner's&Contractors Protection Each Occurrence $ _ Fire Damage(Any One Fire) $ Deductible $ Medical Expense(Any One Person)^ AUTOMOBILE LIABILITY IWO _- Any Auto CSL S — All Owned Autos Bodily Injury — Scheduled Autos (per person) S _ Hired Autos Bodily Injury _ Non-Owned Autos (per accident) S _ Garage Liability Property Deductible Damage S $ firiii EXCESS LIABILITY Each Occurrence Aggregate ROther Than Umbrella Form $ $ WORKERS STATUTORY COMPENSATION $ (Each Accident) $ (Disease Policy Limit) AND $ (Disease-Each EMPLOYER'S LIABILITY Employee) OTHER ADDITIONAL PROVISIONS LEWIS COUNTY is included as additional insured as related to the above-mentioned project. Should any of the above described policies be cancelled before the expiration date thereof,the issuing Company must deliver or mail not less than 45 days written notice to the above Certificate Holder,per RCW 48.18.290 COMPANIES AFFORDING COVERAGE ISSUING COMPANY,AGENT OR REPRESENTATIVE NOTE:Attach a separate sheet to this certificate giving all the company names and their percentage of NAME: coverage,if clarification is needed, I ADDRESS: 13 Authoritcd ��nau:re I) BOCC AGENDA ITEM SUMMARY BOCC Meeting Date: April 27, 2021 Suggested Wording for Agenda Item: Agenda Type: P ro4 matron Awarding a Contract for the L&J Exterior Upgrades Project, Project #31-2026 Contact: Doug Carey Phone: 3607401337 Department: IS - Internal Services (including SWWF and Facilities) Description: Contract Award for the L&J Exterior Upgrades Project Approvals: Publication Requirements: Publications: User Status PA's Office Pending Additional Copies: Cover Letter To: