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SUBCONTRACTOR PREQUALIFICATION PACKAGE Subcontractor Name: Type of Prequalification (check one): General Project Specific (Name): Scope of Work: DOCUMENTS ARE REQUIRED PRIOR TO THE AWARD OF CONTRACT Please forward a completed prequalification package to [email protected], and verify that the following are included in your response: Vendor Questionnaire (attached) Vendor Contact List (attached) Form W-9 (attached) Letter of Authorization (sample attached) Safety Questionnaire (attached) Insurance Addendum listing specific Insurance Requirements (attached) o Include a sample Insurance Certificate Contractor Score Certification – This is a confidential credit score that is required. To obtain your Certificate visit www.contractorscore.net. You will be issued a Certificate that can be used with any contractor or vendor. The Certificate is sent to you directly. Please forward a copy to us once received. The undersigned company Officer hereby warrants that the information contained herein is complete, true, accurate and current as of the date submitted. Since this information will be used in our selection process, any errors, inaccuracies or exclusions may be grounds for disqualification of your proposal(s) and/or breach of awarded contract(s). Name: Signature: Title: Date:

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Page 1: General Project Specific (Name): DOCUMENTS ARE REQUIRED …s3.amazonaws.com/hoth.bizango/assets/17975/Sub_Prequal... · 2020-03-13 · Enter your TIN in the appropriate box. The TIN

SUBCONTRACTOR PREQUALIFICATION PACKAGE

Subcontractor Name:

Type of Prequalification (check one):

☐ General

☐ Project Specific (Name):

Scope of Work:

DOCUMENTS ARE REQUIRED PRIOR TO THE AWARD OF CONTRACT Please forward a completed prequalification package to [email protected], and verify that the following are included in your response:

• Vendor Questionnaire (attached) • Vendor Contact List (attached) • Form W-9 (attached) • Letter of Authorization (sample attached) • Safety Questionnaire (attached) • Insurance Addendum listing specific Insurance Requirements (attached)

o Include a sample Insurance Certificate • Contractor Score Certification – This is a confidential credit score that is

required. To obtain your Certificate visit www.contractorscore.net. You will be issued a Certificate that can be used with any contractor or vendor. The Certificate is sent to you directly. Please forward a copy to us once received.

The undersigned company Officer hereby warrants that the information contained herein is complete, true, accurate and current as of the date submitted. Since this information will be used in our selection process, any errors, inaccuracies or exclusions may be grounds for disqualification of your proposal(s) and/or breach of awarded contract(s).

Name: Signature: Title: Date:

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TO EXPEDITE YOUR CONTRACT PLEASE RETURN ASAP

NEW VENDOR QUESTIONNAIRE

In order to process your SUBCONTRACT/PURCHASE ORDER, we need further information about your company. Kindly fill in the following requested information and return by email to [email protected] or by fax to 425-746-3737 as soon as possible. Thank you for your assistance.

Company Name (please show legal company name, such as incorporated or limited partnership, etc.) Address (PO Box if applicable) City/State/Zip Payment Address (if different) City/State/Zip Email Address Accounting Contact Title Phone Number Fax Number Accounting Phone (if different) Accounting Fax (if different)

Please select one: ☐ Corporation ☐ LLC ☐ Partnership ☐ Other

Contractor’s Registration No: UBI Number (Resale): Federal Tax ID Number: (for individuals and sole proprietors, this is your Social Security Number)

Payment Terms (select one): ☐ No Discount ☐ 1% ☐ 2% ☐ 3% ☐ Other (Payment is made in the month following the billed month – 25th for non-discounts & 10th for discounts)

☐ Union or ☐ Non-Union

Signature: Date:

Title: OFFICE USE ONLY: Vendor should be set up at: 1) ☐ Subcontract 2) ☐ Purchase Order 3) ☐ Other: (specify)

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VENDOR CONTACTS Estimating (for bid invitation e‐mails):

NAME E‐MAIL DIRECT PHONE CELL

MAIN ESTIMATING CONTACT E‐MAIL DIRECT PHONE CELL

Project Managers:

NAME E‐MAIL DIRECT PHONE CELL

Additional Accounting Contacts:

TITLE NAME EMAIL DIRECT PHONE

GENERAL ACCT CONTACTS:

LIABILITY INSURANCE:

RETENTION / LIEN RELEASE:

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LETTER OF AUTHORIZATION

Foushée and Associates Company, Inc. requires that Contracts, Change Orders, Lien Releases, and Subcontractor Application for Payment forms be signed by a corporate officer, partner, or owner of the company.

If any individual is to sign on behalf of your company who is not an owner or officer, Foushée must have a Letter of Authorization on file for that individual.

When completing this form, or a form of your own, please verify the following: 1. The form is on company letterhead. 2. It is signed by an owner or officer of the company. 3. The individual’s signature, as well as the title and name, are on the document.

To Whom it May Concern:

The individual(s) listed below is authorized to sign the following documents on behalf of:

(company name)

Please select all that appy: ☐ Contracts ☐ Change Orders ☐ Payment Applications ☐ Lien Releases

Printed Name:

Title:

Signature:

Printed Name:

Title:

Signature:

Sincerely,

Signature

Printed Name

Title of Corporate Officer, Partner or Owner

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Form W-9(Rev. November 2017)Department of the Treasury Internal Revenue Service

Request for Taxpayer Identification Number and Certification

▶ Go to www.irs.gov/FormW9 for instructions and the latest information.

Give Form to the requester. Do not send to the IRS.

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ee S

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ions

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pag

e 3.

1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.

2 Business name/disregarded entity name, if different from above

3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes.

Individual/sole proprietor or single-member LLC

C Corporation S Corporation Partnership Trust/estate

Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ▶

Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner.

Other (see instructions) ▶

4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3):

Exempt payee code (if any)

Exemption from FATCA reporting

code (if any)

(Applies to accounts maintained outside the U.S.)

5 Address (number, street, and apt. or suite no.) See instructions.

6 City, state, and ZIP code

Requester’s name and address (optional)

7 List account number(s) here (optional)

Part I Taxpayer Identification Number (TIN)Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.

Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter.

Social security number

– –

orEmployer identification number

Part II CertificationUnder penalties of perjury, I certify that:

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue

Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I amno longer subject to backup withholding; and

3. I am a U.S. citizen or other U.S. person (defined below); and

4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.

Sign Here

Signature of U.S. person ▶ Date ▶

General InstructionsSection references are to the Internal Revenue Code unless otherwise noted.

Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.

Purpose of FormAn individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following.• Form 1099-INT (interest earned or paid)

• Form 1099-DIV (dividends, including those from stocks or mutualfunds)

• Form 1099-MISC (various types of income, prizes, awards, or grossproceeds)• Form 1099-B (stock or mutual fund sales and certain othertransactions by brokers)• Form 1099-S (proceeds from real estate transactions)• Form 1099-K (merchant card and third party network transactions)• Form 1098 (home mortgage interest), 1098-E (student loan interest),1098-T (tuition)• Form 1099-C (canceled debt)• Form 1099-A (acquisition or abandonment of secured property)

Use Form W-9 only if you are a U.S. person (including a residentalien), to provide your correct TIN.

If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later.

Cat. No. 10231X Form W-9 (Rev. 11-2017)

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••

•••

•••••

••

-

-

600 259 643FOUSHEE AND ASSOCIATES COMPANY INCFOUSHEE AND ASSOCIATES COPO BOX 3767BELLEVUE, WA 98009-3767

Permit Number: A16 3953 19

Effective Date: 01-01-2018Expiration Date: 12-31-2019

Business Activities:INDUSTRIAL BUILDING CONSTRUCTION NEW SINGLE-FAMILY HOUSING CONSTRUCTION (EXCEPT FOR-SALE BUILDERS) This permit can be used to purchase:

Merchandise and inventory for resale without intervening useIngredients, components, or chemicals used in processing new articles of tangible personal property producedfor saleFeed, seed, seedlings, fertilizer, and spray materials by a farmerMaterials and contract labor for retail/wholesale constructionItems for dual purposes (see Purchases for Dual Purposes on back)

This permit cannot be used to purchase:Items for personal or household usePromotional items or giftsItems used in your business that are not resold, such as office supplies, equipment, tools, and equipment rentalsMaterials and contract labor for public road construction or U.S. government contracting (see Definitions on back)Materials and contract labor for speculative building

This permit is no longer valid if the business is closed. The business named on this permit acknowledges:

It is solely responsible for all purchases made under this permitMisuse of the permit:

Subjects the business to a penalty of 50 percent of the tax due, in addition to the tax, interest, and penaltiesimposed (RCW 82.32.291)May result in this permit being revoked

Notes (optional):_____________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

Important:The Department of Revenue may use information from sellers to verify all purchases made with this

permit were qualified.

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SUBCONTRACTOR’S SAFETY QUESTIONNAIRE

Company Name: Date:

1. Please list your firm’s Worker’s Compensation Modification rates for the three (3) most recent years:

20 20 20 2. Please submit a copy of your most recent Department of Labor and Industries Worker’s Compensation

Rate Notice. 3. Please use your firm’s most recent three (3) years OSHA 300 and 301A Logs to complete the following

information. 20 20 20

(a) Total recordable cases: (b) Cases Involving lost workdays: (c) Number of lost workdays: (d) Number of fatalities: (e) Total company hours reported:

4. Please submit a copy of your written accident prevention program.

5. Do you maintain a written site specific safety plan covering your scope of

work? Yes ☐ No ☐

(i.e. fall protection, excavation and trenching, confined space entry) 6. Do you have a safety orientation program for new hires? Yes ☐ No ☐

7. Do you conduct employee safety training? Yes ☐ No ☐

8. Do your supervisors have a current First Aid/CPR certification? Yes ☐ No ☐

9. Do you conduct, document and maintain weekly records of safety meetings? Yes ☐ No ☐

Weekly ☐ Biweekly ☐ Monthly ☐ 10. Do you use lower-tier subcontractors in the performance of your work? Yes ☐ No ☐

11. Do you require your lower-tier subcontractors to attend weekly safety

meetings? Yes ☐ No ☐

12. Do you review and/or monitor your lower-tier subcontractor’s safety meetings? Yes ☐ No ☐

13. Please list any OSHA/DOSH serious, repeat, willful, or criminal citations and any MSHA significant and

substantial (S&S) citations your firm has had in the last three (3) years. Please describe in detail. Use additional pages if necessary.

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SUBCONTRACTOR’S SAFETY QUESTIONNAIRE - PAGE 2

14. Do your lower-tier subcontractors have a written safety program and site specificsafety plan?

Yes ☐ No ☐

15. Do you conduct weekly project safety inspections? Yes ☐ No ☐Who is responsible for conducting inspections?Name: Title:

16. Please describe your disciplinary action procedures that would be used when you detect a deficiency to includeyour lower-tier subcontractor’s safety performance. Attach examples of written documents.

17. Please list your company’s safety personnel along with his/her experience.Name: Title:Experience:

Name: Title:Experience:

Yes ☐ No ☐Yes ☐ No ☐Yes ☐ No ☐

18. Are you aware of Foushée’s Liability insurance coverage requirements?If no, would you like to pre-qualify?If yes, do you have a current certificate of insurance on file with us?

19. Do you have a written substance abuse program? If yes, please submit a copy. Yes ☐ No ☐

I do hereby agree to accept full responsibility for enforcing the provisions contained in the accident prevention manual submitted with this questionnaire, to comply with all applicable safety and health regulations pertaining to work performed in conjunction with this submittal for Foushée and Associates Company, Inc., including compliance with its Substance Abuse Program. I agree to promptly correct any unsafe condition identified in the place of employment.

Name of person completing this form:

Signature: Date:

Title:

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INSURANCE ADDENDUM - REQUIRED INSURANCE COVERAGE This contract requires that adequate insurance coverage be carried to protect the OWNER, CONTRACTOR and SUBCONTRACTOR or CONSULTANT from claims for damages because of bodily injury including death and/or property damage which may arise from and during operations under this Contract, and from claims under Worker’s Compensation Acts.

The SUBCONTRACTOR or CONSULTANT shall not commence work under this Contract until insurance required hereunder has been obtained and Certificates of Insurance and the required Endorsements * have been filed with CONTRACTOR. Except for Worker’s Compensation and Professional Liability, the policies shall include and the certificate of insurance shall designate CONTRACTOR and OWNER as additional insureds, with coverage applying on a primary and non-contributory basis and include a waiver of subrogation in their favor.

* NOTE: Additional Insured, Primary and Non-Contributory, and Waiver of Subrogation endorsements will be required for Commercial General Liability, Automobile Liability and Excess or Umbrella Liability coverages to remain in compliance.

LIMITS and COVERAGES

Minimum limits required as follows:

1.) Commercial General Liability

2.) Automobile Bodily Injury and Property Damage Liability (a) Combined single limit each accident $1,000,000

3.) Excess or Umbrella Liability (a) Bodily Injury and Property Damage per Occurrence $1,000,000 * (b) Bodily Injury and Property Damage Aggregate $1,000,000 *

4.) Worker’s Compensation STATUTORY Employers Liability or Stop Gap $1,000,000

5.) Architects & Engineers/ Contractors Professional Liability $1,000,000

(Required if subcontract includes any design or design/ build work)

6.) Contractor’s Pollution Liability (including “mold”) $1,000,000 (Required if subcontract includes any remediation of pollutants/ hazardous substances OR mechanical work, or import of structural and/or earthen materials)

The contract value shall dictate the limit required unless otherwise specified or negotiated:

Contracts Under $3,000,000 $1,000,000 Contracts Over $3,000,000 $5,000,000

The coverage limits required in this contract are the minimum required. If the SUBCONTRACTOR or CONSULTANT maintains coverage limits in excess of the limits outlined in this contract, then those additional coverage limits would also apply to the CONTRACTOR and/or OWNER included as additional insured(s).

Page 1 of 3

2018

*

(a) Combined single limit each occurrence $1,000,000 (b) Products and completed operations aggregate $2,000,000 (c) General Aggregate (per project) $2,000,000

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Commercial General Liability

Commercial General Liability coverage will be written on an industry standard ISO Commercial General Liability Occurrence form (CG 00 01) and shall include the following coverage extensions:

Per Project Aggregate (CG 25 03 or Equivalent) Waiver of Subrogation (CG 24 04 or Equivalent)

Additional Insured (CG 20 10 11 85) OR; Additional Insured (CG 20 10 10 01 or later) AND Additional Insured (CG 20 37 10 01) OR; An equivalent Blanket Additional Insured form that provides additional insured status for both ongoing and completed operations.

The requirement to add CONTRACTOR, OWNER, and any others as designated as additional insured specifically includes completed operations for the period coverage is required to be in force under this subcontract. The policy and/or endorsement shall contain no special limitations on the scope of protection afforded to the additional insureds and all endorsements are subject to CONTRACTOR’s approval.

SUBCONTRACTOR's or CONSULTANT's commercial general liability, auto, umbrella and pollution insurance shall be primary as respects CONTRACTOR and OWNER, and any other insurance maintained by CONTRACTOR and OWNER shall be excess and not contributing insurance with SUBCONTRACTOR's or CONSULTANT's insurance. All non-standard coverage exclusions or limitations must be disclosed on the certificate including, but not limited to “mold”, professional liability, residential construction, broad form property damage limitations, or any other exclusion or limitation not included within the standard ISO policy form. Policy shall contain a Waiver of Subrogation in favor of CONTRACTOR and OWNER.

Automobile Liability

SUBCONTRACTOR's or CONSULTANT's Auto Liability insurance shall be written on an industry standard Business Auto Liability policy form (CA 00 01). Coverage will include owned, non-owned and hired automobiles.

Contractors Pollution Liability

Coverage will include “mold” as a defined pollutant if covering mechanical work, building envelope contractors, or import of structural and/or earthen materials. The policy shall include an additional insured endorsement listing CONTRACTOR, OWNER, and any others as designated and include a waiver of subrogation in their favor. If work involves the transportation of pollutants coverage for transportation will be required including coverage for Non-Owned Disposal Sites.

Workers Compensation and Employers Liability

SUBCONTRACTOR's or CONSULTANT's Worker’s Compensation insurance shall be written on an industry standard Worker’s Compensation and Employer’s Liability policy form (WC 00 00 00). Where applicable, Subcontractor shall furnish United States Longshoremen’s and Harbor Worker’s Act Insurance at statutory limits including coverage B-Employers Liability (maritime) with limits not less than required by the main contract but in no event less $1,000,000. In monopolistic states coverage shall be confirmed through the applicable state agency as being in-force, or that the SUBCONTRACTOR or CONSULTANT is approved as self-insured employer by the state. In the case of any self insured employer, the waiver of subrogation shall apply as respects any excess coverage that may be in force along with any claims within any self insured retention.

Architect & Engineering/ Contractors Professional Liability

Coverage will include professional services performed by or on behalf of the SUBCONTRACTOR or CONSULTANT. Any definition of covered professional services will be broad enough in scope to include all services performed by SUBCONTRACTOR or CONSULTANT under this agreement.

Page 2 of 3

2018

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Property Insurance

SUBCONTRACTOR or CONSULTANT shall provide insurance against any losses that may occur to SUBCONTRACTOR's or CONSULTANT's tools and equipment whether owned or leased, brought onto the project premises. The SUBCONTRACTOR or CONSULTANT shall waive all rights of subrogation against Contractor and Owner for losses covered by Insurance policy. The waiver shall also apply to any deductibles assumed by the subcontractor.

ADDITIONAL INSURANCE REQUIREMENTS All insurance carriers shall maintain a minimum “Best Rating” of A-VII and otherwise be acceptable to CONTRACTOR.

Limit requirements can be met through a combination of “primary” and umbrella” or “excess” policies

All deductibles or SIRs (self-insured retentions), regardless of size will remain the responsibility of SUBCONTRACTOR or CONSULTANT. Notice of cancellation or reduction in coverage of insurance contracts shall be furnished by the SUBCONTRACTOR or CONSULTANT to Attn: Accounting Department.

Liability policies furnished by SUBCONTRACTOR or CONSULTANT shall be primary to other liability policies which may be carried by CONTRACTOR and/or OWNER. Coverages maintained by CONTRACTOR and/or OWNER shall be excess and not contribute with policies of SUBCONTRACTOR or CONSULTANT.

SUBCONTRACTOR or CONSULTANT shall maintain all insurance required under this article at their own expense for a period of twenty-four months following completion of Subcontractor’s work. Completed operations insurance (including CONTRACTOR AND OWNER as additional insured), Contractors Pollution Liability (if required) and Professional Liability (if required) must be maintained for not less than the time period defined in the statute of repose for the state where the project is located.

All of SUBCONTRACTOR's or CONSULTANT’s insurance policies (with the exception of coverage provided by the state agencies that specifically do not allow it), regardless of whether they are required specifically hereunder or not, shall by appropriate language exclude any claim on the part of the insurer to be subrogated on payment of loss or otherwise to any claim against CONTRACTOR or OWNER. SUBCONTRACTOR or CONSULTANT hereby waives any right or claim to be subrogated on payment of loss or otherwise to any claim against CONTRACTOR or OWNER and further waives any right against CONTRACTOR or OWNER for damages caused by fire or other perils to the extent covered by property insurance maintained by CONTRACTOR or OWNER pursuant to the Contract documents, except such right as SUBCONTRACTOR or CONSULTANT may have to the proceeds of such insurance held by CONTRACTOR or OWNER as Trustee.

Acceptance of this certificate of insurance does not constitute a waiver of SUBCONTRACTOR's or CONSULTANT's obligations.

It is the SUBCONTRACTOR's or CONSULTANT's full responsibility to pass these requirements down and monitor compliance for all lower-tier subcontractors.

Name/Title Name/Title

Page 3 of 3

2018

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Foushée’s Standard Environmental Insurance Requirements This insurance requirement applies to subcontracts in excess of $100,000.

Section I: Definitions As used in this document:

(a) "Project" means the project that is the subject of the Subcontract.

(b) "Scope" means the scope of Work to be provided by Subcontractor under the Subcontract or the Goods and Services to be supplied and performed by Seller under the Subcontract, as applicable.

Capitalized terms used in this document and not defined in the Subcontract shall have the meanings generally ascribed to such terms in the commercial insurance industry in the United States.

Section II: POLLUTION LIABILITY insurance

1. Pollution Liability Insurance: In addition to the Standard Insurance Requirements as listed in the Insurance

Addendum, Subcontractor/Seller shall secure and maintain from the effective date of the Subcontract until the end of the applicable warranty period the minimum Pollution Liability Insurance coverage and limits required by this document. The policy shall be submitted to the Contractor for review and approval prior to commencement of the Scope. Failure of the Contractor to identify deficiencies in the Pollution Liability Insurance provided by Subcontractor/Seller shall not relieve Subcontractor/Seller from any obligations. The coverage shall be as follows:

Subcontractor shall provide Pollution Liability Insurance covering all asbestos, lead and any other pollution operations with limits not less than $1,000,000 minimum (but higher limits may be required depending on the Scope) each occurrence combined single limit for bodily injury, property damage and clean-up costs. If the policy contains a general aggregate, this aggregate must apply on a per project basis and shall be evidenced on Subcontractor's/Seller's Certificate of Insurance. The limits shall not be subject to reduction as to the Contractor or Owner by reason of any claim asserted against the Subcontractor/Seller other than in connection with the Scope. The policy must read "to pay on behalf of' (in lieu of indemnify).

The following coverages must be included: (I) Completed Operations (five (5) year continuation beyond completion of the Scope); (2) Broad Form Contractual and Independent Contractors; (3) On-Site, Off-Site and In-Transit exposures; and (4) Loading and Unloading. Exclusions or restrictions pertaining to mold and EIFS are not permitted.

The coverage may be written on an "occurrence" or "claims made" basis. If written on a "claims made" basis, retroactive date must be included to coincide with the effective date of the Subcontract and an extended reporting period (three (3) years minimum) must be included.

2. Insurer Requirements: The insurer shall be a licensed admitted insurer authorized to issue Pollution Liability

Insurance in the State(s) in which the Scope is performed. The insurer shall be acceptable to Contractor/Buyer and shall have an AM Best rating of" A-" or better.

3. Certificate of Insurance: Prior to commencing its performance under the Subcontract, Subcontractor/Seller

shall provide Contractor a certificate of insurance evidencing the Pollution Liability Insurance required by this document. Subcontractor/Seller shall maintain a current Certificate of Insurance with Contractor until the end of the applicable warranty period.

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Foushee and Associates Company, Inc.

Standard Environmental Insurance Requirements Page 2 of 2

4. Sub-subcontractors/Subsuppliers: The Pollution Liability Insurance shall cover the operations of

Subcontractor's/Seller's Sub-subcontractors/Subsuppliers, or the Sub-subcontractors/Subsuppliers shall maintain Pollution Liability Insurance in like form and amount to that required herein.

5. Notice of Cancellation/Breach of Insurance Requirements: Should any of the above policies be cancelled

before the expiration date thereof, notice will be delivered in accordance with the policy provisions. Subcontractor's/Seller's failure to obtain and maintain such coverage as required by this document shall constitute a material breach of the Subcontract. In the event of such a breach, Contractor may at its option: (i) terminate the Subcontractor/Seller for default; or (ii) purchase such coverage and back charge all costs incurred by Contractor in connection therewith to Subcontractor/Seller, including insurance premiums and administrative costs.

6. Additional Insureds: The Pollution Liability Insurance shall name Contractor and Owner each as an additional

insured and shall be primary and non-contributory to any insurance maintained by Contractor and Owner, all of which shall be stated on the Certificate of Insurance provided by the Subcontractor. The Additional Insured Endorsement shall include ongoing and completed operations, shall not contain any restrictions and shall be attached to the Certificate of Insurance.

7. Deductibles/Self-lnsured Retention: Subcontractor/Seller shall be responsible at no additional cost to

Contractor for the payment of any deductibles or self-insured retention in connection with the Pollution Liability Insurance required by this document both for itself and all additional insureds. Any self-insured retention or deductible in excess of $25,000 must be declared at the time Subcontractor/Seller submits its bid and must be specifically approved by Contractor prior to execution of the Subcontract.

8. Waiver of Subrogation: The Pollution Liability Insurance shall include a waiver of any right of subrogation of

the insurer thereunder against Owner, Contractor and Owner's and Contractor's other contractors and all of their respective assigns, subsidiaries, affiliates, employees, insurers and underwriters, and of any right of the insurers to any set-off or counterclaim or any other deduction, whether by attachment or otherwise, in respect of any liability of any person insured under the policy.

9. No Limitation: The Pollution Liability Insurance maintained by Subcontractor/Seller shall in not limit any of

Subcontractor's/Seller's indemnity obligations or other liabilities under the Subcontract.

10. Severability of Interests (Cross Liability): The Pollution Liability Insurance shall be endorsed to provide that, inasmuch as the policy is written to cover more than one insured, all terms, conditions, insuring agreements and endorsements, with the exception of limits of liability, shall operate in the same manner as if there were a separate policy covering each insured.

11. Exclusions/Copies: The Pollution Liability Insurance shall not contain any exclusions that are not acceptable

to Contractor and Owner. If requested by Contractor or Owner, all policies must be certified by the insurance carrier as being true and complete.