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Home My WebLink About20240876.tiffCor+va.c+ !Dr/9 0 Co February 29, 2024 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Curtis Naibauer Subject: Southeast Boiler Replacement - 62400048 As advertised this bid is for the replacement of one -Hot Water Heat Boiler in the basement of Southeast Annex. The low bid is from Top Notch Plumbing LLC. and meets specifications. Therefore, the Facilities Department is recommending the award to Top Notch Plumbing LLC. in the amount of $33,176.00. If you have any questions, please contact meat extension 2027. Sincerely, Curtis Naibauer Interim Director Con,ft►'la-- niendct L(A5/2y -41-///,,g CGS Jo� 071,64.,(66) 2024-0876 i0Z(0 AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & TOP NOTCH PLUMBING LLC. WELD COUNTY SOUTHEAST SERVICE CENTER BASEMENT HOT WATER HEAT - BOILER REPLACEMENT 4 THIS AGREEMENT is made and entered into this 26th day of March , 20213', by and between the Board of Weld County Commissioners, on behalf of the Facilities Department, hereinafter referred to as "County," and Top Notch Plumbing LLC., hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform construction services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing to perform and has the specific ability, qualifications, and time to perform the required construction services to provide the services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do busir_ess in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B2400048. Exhibit B consists of Contractor's Response to County's Request for Bid. 2. Service or Work. Contractor agrees to procure tie materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall faithfully perform the Work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. In its sole discretion, the County, by the Director of the Facilities Department or his or her designee, may extend the time for the Contractor to complete the service or work, by lot more than thirty (30) days. Such extensicn shall not increase the compensation to be paid to the Contractor nor change any other term herein. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked "DRAFT - INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) .he cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay an amount not to exceed $33,176.00, as set forth in Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise cf Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all cther tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential information of Contractor should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document at the top the word, "COI''IDENTIAL". However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement. 11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed ix a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a warranty period during which Contractor must correct any failures or deficiencies caused by Contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project, and shall continue for one year, or such greater time as specified in the attached Exhibits. 12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, e:c., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or impoed, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. a. Types of Insurance: Workers' Compensation/Employer's Liability Insurance as required by state statute, covering all the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance including public liability and property damage covering all operations required by the Work. Such policy shall include minimum limits as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury; $50,000 any one fire; and $5,000 Medical payment per person. Medical operations coverage shall be provided for a minimum period of one (1) year following final acceptance. Automobile Liability: Contractor shall maintain limits of $1,000,000 for bodily injury per person; $1,000,000 for bodily injury for each accident; and $1,000,000 for property damage applicable to all vehicles operating both- on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Professional Liability (Errors and Omissions Liability): Contractor shall maintain limits of $1,000,000 Per Loss and $2,000,000 Annual Aggregate for both the Contractor and subcontractors where: (1) the Work includes Construction Surveying and/or Survey Monumentation and/or (2) plans, specifications, and submittals are required to be signed and sealed by the Contractor's or subcontractor's Professional Engineer including but not limited to (a) Shop drawings and working drawings as defined in subsection 105.25 of the Specifications, (b) Mix designs, (c) Contractor performed design work as required by the plans and Specifications, (d) Change Orders, or (e) Approved Value Engineering Proposals. The policy shall cover professional misconduct or lack of ordinary skill for those positions defiled in the Scope of Services of this contract. Contractor shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Umbrella or Excess Liability Insurance: Contractor shall maintain limits of $1,000,000 and shall become primary in the event the primary liability policy limits are impaired or exhausted. The policy shall be written on an Occurrence form and shall be following form of the primary. Pollution Liability. Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions that may arise from the operations of the Contractor described in the Exhibits. The policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 1,000,000 Builders' Risk Insurance or Installation Floater — Completed Value Basis: Unless otherwise provided in the attached Exhibits, the Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in Colorado, Builders' Risk Insurance in the amount of the initial contract amount as described in the attached Exhibits, plus the value of subsequent modifications, change orders, and cost of material supplied or installed by others, comprising total value of the entire Project at the site on a replacement cost basis without optional deductibles. 1) The policy must provide coverage from the time any covered property becomes the responsibility of the Contractor, and continue without interruption during construction, renovation, or installation, including any time during which the covered property is being transporter to the construction installation site, or awaiting installation, whether on or off site. 2) Such Builders' Risk Insurance shall br maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the County 's has insurable interest in the property to be covered, whichever is later. 3) The Builders' Risk insurance shall include interests of the County and if applicable, affiliated or associate entities, the General Contractor, subcontractors and sub -tier contractors in the Project. 4) The Builders' Risk Coverage shall be written on a Special Covered Cause of Loss form and shall include theft, vandalism, malicious mischief, collapse, false -work, temporary buildings, transit, debris removal including demolition, increased cost of construction, architect's fees and expenses, flood (including water damage), earthquake, and if applicable, all below and above ground structures, piping, foundations including underground water and sewer mains, piling including the ground on which the structure rests and excavation, backfilling, filling, and grading. Flood damage coverage is not required for work within the floodway or 100 -year lloodplain. Regardless, Contractor shall bear all risk associated with any and all loss resulting from flood events during construction. 5) The Builders' Risk shall include a Beneficial Occupancy Clause. The policy shall specifically permit occupancy of the building during construction. County Contractor shall take reasonable steps to obtain consent of the insurance company and delete any provisions with regard to restrictions within any Occupancy Clauses within the Builder's Risk Policy. The Builder's Risk Policy shall remain in force until acceptance of the project by the County. 6) Equipment Breakdown Coverage (a.k.a. Boiler & Machinery) shall be included as required by the Contract Documents or by law, which shall specifically cover insured equipment during installation and testing (including cold and hot testing). 7) The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor for all covered perils within the required policy. For all general liability, excess/umbrella liability, and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. b. Proof of Insurance: Contractor shall provide :o County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. Contractor shall provide a certificate of insurance naming Weld County, Colorado, its elected officials, and its employees as an additional named insured. c. Subcontractor Insurance: Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have be above described insurance prior to the commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required hereir_. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. d. No limitation of Liability: The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudbnt, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. e. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contactor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. 14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, judicial decision, or other law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 15. Non Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder withaut such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 16. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 17. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 18. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice shall be sent to: Contractor: Top Notch Plumbing Name: Adrian Vigil Position: Owner / CEO Address: 3005 29Th ST. Unit D Address: Greeley, CO 80631 E-mail: adrian@topnotchplumbingllc.com Phone: 970-404-7586 County: Name: Chris Coulter Position: Facilities Director Address: 1105 H Street Address: Greeley, CO. 80632 E-mail: rcoulteriweldgov.com Phone: 970-400-2023 19. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 20. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 21. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 22. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 23. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement agree that tc their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 24. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including without limitation, the warranties, indemnification obligations, confidentiality, and record keeping) shall survive any such expiration or termination. 25. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 26. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§24-1 0-1 01 et seq., as applicable now or hereafter amended. 27. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 28. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 29. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 30. Public Contracts for Services Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation by the Colorado Department of Labor and Employment. Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all the other requirements of federal or state law. If Contractor fails to comply with any requirement of this provision, County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States, if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by federal or state law, and (c) shall produce one of the forms of identification required by federal law prior to the effective date of the contract. 31. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of $500,000 annually, or for public contracts for road or bridge construction in excess of $50,000, Contractor certifies, warrants, and agrees that Colorado labor shall be employed to perform at least eighty percent of the work under this Contract. "Colorado labor" means any person who is a resident of the state of Colorado at the time of the public works project, who can provide a valid Colorado driver's license, a valid Colorado state -issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days. The County, in its sole discretion, may waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor is available to perform the work, and this requirement would create an undue burden that would substantially prevent the work from proceeding to completion. [This section shall not apply to any project which is funded in whole or in part with federal funds, or where otherwise contrary to federal law. In accordance with C.R.S. §8-17-107 and 2 C.F.R. §200.319(c), this section shall not apply if the Work is funded wholly or in part with federal funds.] 32. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 33. Binding Arbitration Prohibited: Weld County does not gree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: %p oic,4iP/0. ,',LLC By: �.fiff,e8, Name: AG/, ‘ �i 4 , Title: (1)Af/', C WELD COUNTY: ATTEST: ddrifet) O Weld s un ' Clerk to the : oard BY: Deputy Clerk 3-21s -2029 Date of Signature BOARD OF COUNTY COMMISSIONERS WELD CO DO vin D. Ross, Chair APR 1 5 2024 o2oa 4 - f eY%6 Exhibit A REQUEST FOR BID WELD COUNTY, COLORADO 1301 N. 17TH AVENUE GREELEY, CO 80631 DATE: January 19, 2024 BID NUMBER: B2400048 DESCRIPTION: SOUTHEAST SERVICE CENTER BOILER REPLACEMENT DEPARTMENT: FACILITIES MANDATORY PRE -BID: FEBRUARY 2, 2024 BID OPENING DATE: FEBRUARY 16, 2024 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Controller (collectively referred to herein as, "Weld County"), wishes to purchase the following: SOUTHEAST SERVICE CENTER BOILER REPLACEMENT A mandatory pre -bid conference will be held on February 2, 2024 at 9:00 AM at Southeast Service Center located at 2950 9th Street, Fort Lupton, CO 80621. Bidders must participate and record their presence at the pre -bid conference to be eligible to submit bids. Bids will be received until: February 16, 2024 at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on February 16, 2024 at 10:30 AM. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Purchasing Conference Room, 1301 N. 17th Avenue, Greeley, CO 80631. Phone number: 720-439-5261 Phone Conference ID: 135 317 027# PAGES 1 - 8 OF THIS REQUEST FOR BIDS CONTAINS GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 - 8 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8. 2. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein. Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect Weld County to pay if awarded the bid. You can find information concerning this request on the BidNet Direct website at https://www.bidnetdirect.com/. Weld County Government is a member of BidNet Direct which is an online notification system being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Delivery to Weld County: A. Emailed bids are required. PREFERRED: email bids to bids�weld.gov; however, if your bids exceeds 25MB please upload your bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500 MB. B. PDF format is required. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when your bid is received. Please call Purchasing at 970-400-4222 or 4223 with any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION: Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Controller, satisfactory evidence of the authority of the officer signing in behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone n ot otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Bid Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid must be filled out completely, in detail, and signed by the Bidder. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, e ntitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Controller for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Controller: said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also u nderstood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinior of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), the successful bidder's response, and the formal acceptance of the bid by Weld County together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. The County may require a separate contract, which if required, has been made a part of this RFB. 4. GENERAL PROVISIONS: A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. BID REQUEST #B2400048 Page 2 B. Trade Secrets and other Confidential Information: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. If n ecessary, confidential information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. The bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data). If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will review the confidential materials to determine whether any of them may be withheld from disclosure pursuant to CORA, and disclose those portions staff determines are not protected from disclosure. Weld County staff will n ot be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified. Any document which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or u nderstanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the e nforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim o r right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits u nder the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. BID REQUEST #B2400048 Page 3 I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. 0. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld BID REQUEST #B2400048 Page 4 County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. R. Non -Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. W. Compensation Amount: Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. BID REQUEST #B2400048 Page 5 X. Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to paymerts made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writi-ig by County. 6. INSURANCE REQUIREMENTS: Insurance and Irdemnification. Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The requi -ed insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or rec uction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contract Professional. Contract Professional shall be responsible for the payment of any deductible or self - insured retention. County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors. —he Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract Professional shall be responsible for the professional quality, technical accuracy, and quantity of all services provided the timely delivery of said services, and the coordination of all services rendered by the Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contract Professional shall defend, indemnify and hold harmless County, its officers, agents, and empioyees, from and against injury, loss damage, liability, suits, actions, or willful acts or omissions of Contract Professional, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of cr in consequence of neglect of the Contract Professional in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or term nation hereof. It is agreed that the Contract Professional will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this Jontract, the Contract Professional agrees to waive all rights of subrogation against the County its assoc ated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents,and volunteers for losses arising from the work performed by the Contract Professional BID REQUEST #B2400048 Page 6 for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed under the contract. $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Professional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contract Professional shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: Per Loss Aggregate $ 1,000,000 $ 2,000,000 Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid. Proof of Insurance: County reserves the right to require the Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, independent Contract Professionals, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Contract Professional. Contract BID REQUEST #B2400048 Page 7 Professional shall include all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID REQUEST #B2400048 Page 8 SCOPE OF WORK Weld County Southeast Service Center Basement Hot Water Heat -Boiler Replacement PROJECT OVERVIEW: This bid is for the turnkey replacement of heating boiler, recirculation pump, and controls located at the Southeast Service Center located at 2950 9th Street, Fort Lupton, CO 80621. PROJECT SCOPE: The scope of this project is to remove & replace (1) Burnham Boiler system and replace it with a similar boiler. Replace (1) Taco hot water recirculation pump, (1) Taco expansion tank, pipe, & fittings, and reinstall existing SetPoint controls and point to new boiler system. ATTACHMENTS • Attachment A: Weld County Project Documents • Attachment B: Boiler & Pump Specifications • Attachment C: Boiler Detail Drawings • Attachment D: Boiler Room Pictures. PROJECT SPECIFICATIONS TERMS AND CONDITIONS: 1. Replacement boiler must meet the minimum specification to retain the same function as the current unit. The current unit is: a. Burnham Boiler -Model: # 306-B (Field verify model for replacement) b. Taco Recirculation Pump Mode1:1615C (Field verify model for replacement) c. Taco Expansion Tank Model: CX130 (Field verify model for replacement) 2. Contractor shall perform turn -key removal of the old boiler with the installation of new boiler. 3. The requirement for the boiler system to be replaced and taken offline will be when temperatures are above 80 degrees and the heating system is no longer calling for heat, coordination will be required with Facilities Project Management Team. 4. Replacement can during business hours. However, replacement shall be coordinated to minimize downtime and have as little effect to business operations. 5. The system will be set up to utilize the current Delta control system Version 3.4 through SetPoint. 6. Systems will maintain the same capabilities as below: Boilers -Points HW Temp HW Return Start and Stop Start and Stop /Status Boiler EP alarm Pump Start Stop Pump Status 7. All hoisting and lifting equipment shall be a part of this contract as needed to complete the project. 8. All pipe insulation and jacketing that is disturbed will be required to be replaced with new materials up to existing pipe insulation. 9. The County currently operates on a Delta Control System through Set Point Systems and runs on version 4.2. The new Boiler will be required to maintain the same building automation system, and control capabilities. BID REQUEST #B2400048 Page 9 10. No dielectric unions will be allowed on new piping system. (Use other means to of fittings or pipe to prevent electrolysis) 11. All new valves will be required to be full port valves. 12. Install new low water cutoff 13. Install new high limit temperature control. 14. Install new temperature gauges on heating water supply and return lines. 15. Systems and maintain the same capabilities as the current unit. All piping connections, electrical connections and control connections shall be a part of this contract. 16. Provide State of Colorado boiler inspection certificate at completion of job. 17. Contractor will provide a factory owner training on the installed equipment upon project completion. 18. Bidders must provide manufacturer's specifications with their bid responses that show the proposed equipment meets the minimum capacities as shown above. 19. Work will comply with all applicable Federal, State and local laws, ordinances and regulatory requirements. 20. Remove and properly dispose of all trash generated by construction activities offsite. 21. Contractor coordination will be required to minimize the down time of the boiler system All work under this proposal shall be completed such that the existing hot water remains functional to the maximum extent possible to serve building client's needs. Please provide estimated duration of down time in the schedule for completing the replacement task. If longer than one day, contractor shall include in their pricing alternate methods of providing hot water during the replacement of the boiler system. PROJECT CLOSE OUT: 1. Contractor will provide two (2) paper copies and PDF's which include all changes and or modifications for all affected scopes. This will include but not limited to all redlined drawings, RFI's, or discoveries, or any change from project documents. 2. Contractor will provide all manufacturer's warranty documentation as well as all equipment manuals. 3. Contractor will provide a maintenance schedule for all systems and or equipment as required to maintain all warranties. 4. Contractor will provide a detailed report for all craftsmanship and labor warranties. 5. Contractor will provide formal training as outlined and required by all manufacturer's recommendations, to Weld County's designated staff This includes but is not limited to Security Electronics, HVAC, and Access Control. 6. Contractor will host a Project Closeout meeting with all contractors, design team, and Weld County personnel associated with this project. WELD COUNTY STANDARD TERMS AND CONDITIONS: 1. All submittals will be provided to the County project manager for review and approval no later than thirty (30) days after contract execution. 2. Any additional work or scope that may result in changes must be submitted to the County project manager in writing and approved before any work is to be started. If the contractor does not submit in writing and receive written approval but starts any additional work, the contractor will be responsible for all associated cost and or schedule impacts/delays. 3. Any clarification or information needed from the contractor must be submitted through an RFI for response. It is the contractor's responsibility for tracking and maintaining all RFI's. An RFI log must be maintained and kept by the contractor and available for review at the weekly coordination meeting or upon request. 4. RFI's are only to be sent through the County project manager. RFI responses will be sent from the County project manager to the construction team. Direct submissions to or responses from any other BID REQUEST #B2400048 Page 10 source will not be permitted. If additional resources are needed to clarify or answer an RFI the County project manager will coordinate as needed 5. All damages to building structure and finishes shall be repaired to original condition as a part of this contract. 6. Contractor is responsible for all private and public locates. 7. Project will be permitted through Weld County. Fees for Weld County Building Permit will be waived. Any other fees associated with this project will be paid for by the contractor. Contractor is responsible for the coordination and scheduling of all inspections that are required. The contractor will be responsible for having a qualified representative on site for any inspection. 8 All electrical work will be done by a qualified State licensed electrician. 9. All plumbing work will be done by a qualified State licensed plumber. 10. All mechanical work will be done by a qualified State Licensed technician. 11. Any temporary protection for flooring, walls, ceilings, furniture, or any other surface or equipment that could be damaged is the responsibility of the contractor to protect at their cost. Any damages occurred will be the contractor's responsibility to repair or replace. 12. Work will comply with all applicable Federal, State and local laws, ordinances and regulatory requirements. 13. No bid bond is required for this project. 14. Bids over $50,000 will require a payment (100%) and performance (100%) bond. Performance and payment bonds must be submitted using an AIA-A312 bond form. Other bond forms will not be accepted. 15. Retainage in the amount of 5% shall be held on all pay requests until the final acceptance of the project. 16. Contractor will be required to provide professional liability insurance and builders risk insurance in the amount of the bid. 17. All trash and debris to be properly disposed of offsite. Due to the space constraints of this project this will need to be done on a regular basis. At no time will debris be allowed to accumulate. 18. Weld County is a tax-exempt entity. 19. Davis -Bacon and Buy American requirements are NOT required. 20. Contractor will be required to enter a contract with Weld County for this service. A standard Weld County contract is available through the Weld County Purchasing department and is available for viewing upon request. 21. Contractor will be required to provide pollution liability insurance with the following minimum limits: Per Loss $1,000,000 and Aggregate $1,000,000. SCHEDULE: 1. Contractor is responsible for providing and maintaining a full project schedule as well as a three week look ahead schedule throughout the life of this project. Contractor will have an updated project schedule available upon request. 2. The contractor will host a weekly coordination meeting with all associated contractors, and County representatives. At this time the contractor will provide (3) weeks look ahead schedule as well as all applicable updates to the overall project schedule. This will need to be submitted in person at the weekly meeting as well as sent electronically to the County project manager and construction team. BID REQUEST #B2400048 Page 11 Below is the anticipated schedule for this project: Date Of This Bid Advertisement Date Pre -Bid Conference Bid Questions are Due Bids Are Due Bid Award Notice Contract Execution Construction Start Construction Finish January 19, 20224 January 19, 20224 February 2, 2024 February 9, 2024 February 16, 2024 March 6, 2024 March 20, 2024 Immediately upon receipt of signed contract. September 1, 2024 PROPOSED DATES: Please provide proposed schedule dates with the expectation of contract execution being March 20, 2024. Construction Start Construction Complete TOTAL LUMP SUM COST BREAKOUT: Contractor will provide there pricing per the breakout below: DESCRIPTION COST LUMP SUM MECHANICAL $ ELECTRICAL $ EQUIPMENT $ TOTAL LUMP SUM COST $ BID REQUEST #B2400048 Page 12 BID SUBMITTAL INSTRUCTIONS: The following items must be completed and submitted with your bid deadline of 10:00 AM on February 16, 2024: on or before the bid opening 1) Pages 9 thru 14 of the Bid Specifications/Scope of Work. 2) W9, if applicable.* 3) Any future Addenda must be completed. 4) All other items as requested in the Bid Specifications/Scope of Work. *A current W9 is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there has been a change. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. BID REQUEST #B2400048 Page 13 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the Request for Bid No. #B2400048. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying Bid sheets. 4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BY (Please print) BUSINESS ADDRESS CITY, STATE, DATE ZIP CODE TELEPHONE NO FAX TAX ID # SIGNATURE E-MAIL WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. ATTEST: Weld County Clerk to the Board BY: YOU DO NOT NEED TO SEND BACK PAGES 1 - 8. BOARD OF COUNTY COMMISSIONERS WELD COUNTY. COLORADO Deputy Clerk to the Board Kevin D. Ross, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller PSRFB0124 BID REQUEST #B2400048 Page 14 Exhibit B Carolyn Geisert From: Sent: To: Subject: Attachments: Follow Up Flag: Flag Status: Matt Tipton <Matt@topnotchplumbingllc.com> Wednesday, February 21, 2024 8:05 AM bids B2400048 South East Service Center East Weld County Services Boiler Bid.pdf Follow up Flagged Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. HELLO, please see attached proposal w/ included Addendums 1-3. thanks. Matt Tipton, Commercial Top -Notch Plumbing, Heating & Air 3005 W. 29St. Ste D Greeley, CO. 80631 Office: 970.502.8704 TOP-NOTCH PLUMBING HEATING & AIR • in 1 SBA U.S. Small Business Administration 8(a) Certified Proposal For Southeast Service Center Boiler Replacement Bid #: B2400048 Prepared by: TOP NOTCH NUMBING LW 3005 29th Street Unit D Greeley, CO. 80631 970.404.7586 2/13/24 SCOPE OF WORK Weld County Southeast Service Center Basement Hot Water Heat -Boiler Replacement PROJECT OVERVIEW: This bid is for the turnkey replacement of heating boiler, recirculation pump, and controls located at the Southeast Service Center located at 2950 9th Street, Fort Lupton, CO 80621. PROJECT SCOPE: The scope of this project is to remove & replace (1) Burnham Boiler system and replace it with a similar boiler. Replace (1) Taco hot water recirculation pump, (1) Taco expansion tank, pipe, & fittings, and reinstall existing SetPoint controls and point to new boiler system. ATTACHMENTS • Attachment A: Weld County Project Documents • Attachment B: Boiler & Pump Specifications • Attachment C: Boiler Detail Drawings • Attachment D: Boiler Room Pictures. PROJECT SPECIFICATIONS TERMS AND CONDITIONS: 1. Replacement boiler must meet the minimum specification to retain the same function as the current unit. The current unit is: a. Burnham Boiler -Model: # 306-B (Field verify model for replacement) b. Taco Recirculation Pump Model:1615C (Field verify model for replacement) c. Taco Expansion Tank Model: CX130 (Field verify model for replacement) 2. Contractor shall perform turn -key removal of the old boiler with the installation of new boiler. 3. The requirement for the boiler system to be replaced and taken offline will be when temperatures are above 80 degrees and the heating system is no longer calling for heat, coordination will be required with Facilities Project Management Team. 4. Replacement can during business hours. However, replacement shall be coordinated to minimize downtime and have as little effect to business operations. 5. The system will be set up to utilize the current Delta control system Version 3.4 through SetPoint. 6. Systems will maintain the same capabilities as below: Boilers -Points H W Temp HW Return Start and Stop Start and Stop /Status Boiler EP alarm Pump Start Stop Pump Status 7. All hoisting and lifting equipment shall be a part of this contract as needed to complete the project. 8. All pipe insulation and jacketing that is disturbed will be required to be replaced with new materials up to existing pipe insulation. 9. The County currently operates on a Delta Control System through Set Point Systems and runs on version 4.2. The new Boiler will be required to maintain the same building automation system, and control capabilities. BID REQUEST #B2400048 Page 9 10. No dielectric unions will be allowed on new piping system. (Use other means to of fittings or pipe to prevent electrolysis) 11. All new valves will be required to be full port valves. 12. Install new low water cutoff 13. Install new high limit temperature control. 14. Install new temperature gauges on heating water supply and return lines. 15. Systems and maintain the same capabilities as the current unit. All piping connections, electrical connections and control connections shall be a part of this contract. 16. Provide State of Colorado boiler inspection certificate at completion of job. 17. Contractor will provide a factory owner training on the installed equipment upon project completion. 18. Bidders must provide manufacturer's specifications with their bid responses that show the proposed equipment meets the minimum capacities as shown above. 19. Work will comply with all applicable Federal, State and local laws, ordinances and regulatory requirements. 20. Remove and properly dispose of all trash generated by construction activities offsite. 21. Contractor coordination will be required to minimize the down time of the boiler system All work under this proposal shall be completed such that the existing hot water remains functional to the maximum extent possible to serve building client's needs. Please provide estimated duration of down time in the schedule for completing the replacement task. If longer than one day, contractor shall include in their pricing alternate methods of providing hot water during the replacement of the boiler system. PROJECT CLOSE OUT: 1. Contractor will provide two (2) paper copies and PDF's which include all changes and or modifications for all affected scopes. This will include but not limited to all redlined drawings, RFI's, or discoveries, or any change from project documents. 2. Contractor will provide all manufacturer's warranty documentation as well as all equipment manuals. 3. Contractor will provide a maintenance schedule for all systems and or equipment as required to maintain all warranties. 4. Contractor will provide a detailed report for all craftsmanship and labor warranties. 5. Contractor will provide formal training as outlined and required by all manufacturer's recommendations, to Weld County's designated staff. This includes but is not limited to Security Electronics, HVAC, and Access Control. 6. Contractor will host a Project Closeout meeting with all contractors, design team, and Weld County personnel associated with this project. WELD COUNTY STANDARD TERMS AND CONDITIONS: 1. All submittals will be provided to the County project manager for review and approval no later than thirty (30) days after contract execution. 2. Any additional work or scope that may result in changes must be submitted to the County project manager in writing and approved before any work is to be started. If the contractor does not submit in writing and receive written approval but starts any additional work, the contractor will be responsible for all associated cost and or schedule impacts/delays. 3. Any clarification or information needed from the contractor must be submitted through an RFI for response. It is the contractor's responsibility for tracking and maintaining all RFI's. An RFI log must be maintained and kept by the contractor and available for review at the weekly coordination meeting or upon request. 4. RFI's are only to be sent through the County project manager. RFI responses will be sent from the County project manager to the construction team. Direct submissions to or responses from any other BID REQUEST #B2400048 Page 10 source will not be permitted. If additional resources are needed to clarify or answer an RFI the County project manager will coordinate as needed 5. All damages to building structure and finishes shall be repaired to original condition as a part of this contract. 6. Contractor is responsible for all private and public locates. 7. Project will be permitted through Weld County. Fees for Weld County Building Permit will be waived. Any other fees associated with this project will be paid for by the contractor. Contractor is responsible for the coordination and scheduling of all inspections that are required. The contractor will be responsible for having a qualified representative on site for any inspection. 8. All electrical work will be done by a qualified State licensed electrician. 9. All plumbing work will be done by a qualified State licensed plumber. 10. All mechanical work will be done by a qualified State Licensed technician. 11. Any temporary protection for flooring, walls, ceilings, furniture, or any other surface or equipment that could be damaged is the responsibility of the contractor to protect at their cost. Any damages occurred will be the contractor's responsibility to repair or replace. 12. Work will comply with all applicable Federal, State and local laws, ordinances and regulatory requirements. 13. No bid bond is required for this project. 14. Bids over $50,000 will require a payment (100%) and performance (100%) bond. Performance and payment bonds must be submitted using an AIA-A312 bond form. Other bond forms will not be accepted. 15. Retainage in the amount of 5% shall be held on all pay requests until the final acceptance of the project. 16. Contractor will be required to provide professional liability insurance and builders risk insurance in the amount of the bid. 17. All trash and debris to be properly disposed of offsite. Due to the space constraints of this project this will need to be done on a regular basis. At no time will debris be allowed to accumulate. 18. Weld County is a tax-exempt entity. 19. Davis -Bacon and Buy American requirements are NOT required. 20. Contractor will be required to enter a contract with Weld County for this service. A standard Weld County contract is available through the Weld County Purchasing department and is available for viewing upon request. 21. Contractor will be required to provide pollution liability insurance with the following minimum limits: Per Loss $1,000,000 and Aggregate $1,000,000. SCHEDULE: 1. Contractor is responsible for providing and maintaining a full project schedule as well as a three week look ahead schedule throughout the life of this project. Contractor will have an updated project schedule available upon request. 2. The contractor will host a weekly coordination meeting with all associated contractors, and County representatives. At this time the contractor will provide (3) weeks look ahead schedule as well as all applicable updates to the overall project schedule. This will need to be submitted in person at the weekly meeting as well as sent electronically to the County project manager and construction team. BID REQUEST #82400048 Page 11 Below is the anticipated schedule for this project: Date Of This Bid Advertisement Date Pre -Bid Conference Bid Questions are Due Bids Are Due Bid Award Notice Contract Execution Construction Start Construction Finish January 19, 20224 January 19, 20224 February 2, 2024 February 9, 2024 February 16, 2024 March 6, 2024 March 20, 2024 Immediately upon receipt of signed contract. September 1, 2024 PROPOSED DATES: Please provide proposed schedule dates with the expectation of contract execution being March 20, 2024. Construction Start Construction Complete June 1, 2024 June 30, 2024 TOTAL LUMP SUM COST BREAKOUT: Contractor will provide there pricing per the breakout below: LUMP SUM COST DESCRIPTION $ 11,059.00 MECHANICAL ELECTRICAL $ 11, 517.00 EQUIPMENT $ 10,600.00 $ 33,176.00 TOTAL LUMP SUM COST BID REQUEST #B2400048 Page 12 ADDENDUM#1 BID REQUEST NO. B2400048 SOUTHEAST SERVICE CENTER BOILER REPLACEMENT To: Concerned Bidders Re: Addendum No.1: B2400048 Southeast Service Center Boiler Replacement Please make note to the following changes, additions, deletions and clarifications to the above referenced solicitation Questions and Answers 1. Is there a specific type of boiler that may be acceptable for replacement purposes? (i.e....manufacturer/brand, efficiency, condensing vs. non -condensing, cast iron vs. copper fin tube, etc...) Answer: New boiler will need to meet existing specifications and size of current boiler. Existing unit is Burnham Boiler, the unit is a cast-iron, noncondensing boiler. New boiler will use the same vent pipe as existing. 2. Can you provide POC info for Setpoint Systems that is familiar with the building/system? Answer: SetPoint Controls -point of contact Mark Hopp Phone number: 303-733-2300 Email: mhopp@setpointsystems.com 3. Will you require Professional Liability (Errors and Omissions Liability)? Answer: Yes, this is required. 4. Is the Contractor responsible for subcontracting the controls company? Who does the controls for the building? Answer: Contractor is responsible for subcontracting SetPoint for controls. Contact for SetPoint is Mark Hopp Phone number: 303-733-2300 Email: mhopp@setpointsystems.com. ***We need signed copy submitted with your bid. Thank you!*** Addendum received by: Top Notch Plumbing LLC FIRM 3005 29th Street unit D ADDRESS Greeley, CO 80631 CITY AND STATE Adrian Vigil BY adrian@topnotchplumbingllc.com EMAIL February 14, 2024 Addendum received by February 14, 2024 ADDENDUM#2 BID REQUEST NO B2400048 SOUTHEAST SVC CENTER BOILER REPLACEMENT 1) Currently. Below is the anticipated schedule for this project Date Of This Bid Advertisement Date Pre -Bid Conference Bid Questions are Due Bids Are Due Bid Award Notice Contract Execution Construction Start Construction Finish January 19, 20224 January 19, 20224 February 2, 2024 February 9, 2024 February 16, 2024 March 6, 2024 March 20, 2024 Immediately upon receipt of signed contract September 1, 2024 Change: Below is the anticipated schedule for this project highlighted in bold Date Of This Bid January 19, 20224 Advertisement Date January 19, 20224 Pre -Bid Conference February 2, 2024 Bid Questions are Due February 14, 2024 Bads Are Due February 21, 2024, at 11.30 AM Bad Award Notice March 11, 2024 Contract Execution March 25, 2024 Construction Start Immediately upon receipt of signed contract Construction Finish December 1, 2024 ...We need signed copy submitted with your bid Thank voui*** Top Notch Plumbing LLC FIRM 3005 29th Street unit D ADDRESS Greeley, CO 80631 CITY AND STATE Adrian Vigil BY adrian@topnotchplumbingllc corn EMAIL ADDENDUM#3 BID REQUEST NO. B2400048 SOUTHEAST SVC CENTER BOILER REPLACEMENT Currently: Below is the anticipated schedule for this project: Date Of This Bid Advertisement Date Pre -Bid Conference Bid Questions are Due Bids Are Due Bid Award Notice Contract Execution Construction Start Construction Finish January 19, 20224 January 19, 20224 February 2, 2024 February 9, 2024 February 21, 2024, at 11:30 AM March 11, 2024 March 25, 2024 Immediately upon receipt of signed contract. December 1, 2024 Change: Below is the anticipated schedule for this project highlighted in bold: Date Of This Bid Advertisement Date Pre -Bid Conference Bid Questions are Due Bids Are Due Bid Award Notice Contract Execution Construction Start Construction Finish January 19, 20224 January 19, 20224 February 2, 2024 February 9, 2024 February 21, 2024, at 11:00 AM March 11, 2024 March 25, 2024 Immediately upon receipt of signed contract. December 1, 2024 ***We need signed copy submitted with your bid. Thank you!*** Addendum received by: February 14, 2024 Top Notch Plumbing LLC FIRM 3005 29th Street unit D ADDRESS Greeley, CO 80631 CITY AND STATE Adrian Vigil BY adrian@topnotchplumbingllc.com EMAIL BID SUBMITTAL INSTRUCTIONS: The following items must be completed and submitted with your bid on or before the bid opening deadline of 10:00 AM on February 16, 2024: 1) Pages 9 thru 14 of the Bid Specifications/Scope of Work. 2) W9, if applicable.* 3) Any future Addenda must be completed. 4) All other items as requested in the Bid Specifications/Scope of Work. *A current W9 is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there has been a change. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete and your bid being rejected. If there are any exclusions or contingencies submitted with Vour bid it may be disqualified. BID REQUEST #B2400048 Page 13 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the Request for Bid No. #B2400048. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying Bid sheets. 4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract. with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM Top Notch Plumbing LLC BY Adrian Vigil (Please print) BUSINESS ADDRESS 3005 29th Street DATE 2/13/24 CITY, STATE, ZIP Greeley CO 80631 TELEPHONE NO 970.404.7586 FAX TAX ID # 81-4059026 SIGNATURE lel‘Z2tatif 14a E-MAIL adrian@topnotchplumbingllc.com CODE WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 8. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board BY: Deputy Clerk to the Board WELD COUNTY, COLORADO Kevin D. Ross, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller PSRFB0124 BID REQUEST #B2400048 Page 14 So.th East Weld County Services Fort Lupton, CO © SUB . ITTAL DATA Prepared for: Top Notch Plumbing February 14, 2024 Prepared by M & N Plumbing Supply Company INDEX SECTION BOILER ITEM DESCRIPTION PAGE 3 K806HENEI-ED BURNHAM SERIES 8, 6 SECTION, NGKNOCKDOWN PUMP 4-11 12 UPS32-160/2F GR539605 EXPANSION TANK GRUNDFOS 1 X115V CAST IRON PUMP GRUNDFOS 539605 11/2" CI FLANGE SET 13-17 18 19 BDT-016 AMERICAN WHEATLEY 16 GALLON ASME FULL ACCEPTANCE 20 - 21 EXPANSION TANK Page 2 of 21 Plumbing amply Co. SUBMITTAL DATA / SOUTH EAST WELD COUNTY SERVICES Page 3 of 21 High Performance & Long Term Reliability Burnham Commercial's promise to deliver the best continues with the Series 8H. The features and efficiency of the 8H boiler make it ideal for single and multiple boiler applications. Offering space heating, or a combination of heating and domestic hot water, the Series 8H has a compact design which easily adapts to existing piping arrangements, boiler room requirements, and system heating needs. American -Made Cast Iron Construction BC25-HSi Burnham Commercial's unique BC25-HSi cast iron formula has an extremely high silicon content, making it stronger and more flexible. It offers better thermal shock resistance and greater heat transfer capabilities than other cast iron products. BC25- HSi's properties allow Burnham Commercial to maintain the highest level of quality from start to finish, and provide a product that is optimized for hydronic heating applications. Manufactured with Quality All cast iron sections for Burnham Commercial boilers are manufactured at Burnham Foundry, LLC in Zanesville, Ohio, ensuring quality and availability of boiler sections. c Cast Iron Nipple Difference The gaskets that other manufacturers use to connect boiler sections can break down if they come in contact with oils, boiler flue gases, corrosion inhibitors, pump lubricants, and antifreeze. Burnham Commercial is committed to safety, reliability and durability. That's why the Series 8H uses cast iron nipples instead of gaskets in this critical area. The Series 8H's cast iron nipples remain unaffected by those elements, ensuring long life and eliminating costly repairs These vital components are precision cut and will last the life of the boiler. They expand and contract with the sections they connect, ensuring the overall integrity of the section assembly. 2 83% Efficiency With today's high energy costs, the need for efficiency has never been greater. The Series 8H has been designed to offer high efficiency without sacrificing long term reliability. •- Heat Exchanger Design The cast iron heat exchanger on the Series 8H features a pinned heating surface. These multi- faceted pins allow the heat generated from the combustion process to be transferred to the cast iron from a number of angles, which contributes to the boiler's overall efficiency. A vertical flue design extracts heat while maintaining low draft losses. c Deluxe Insulated Jacket The jacket on the Series 8H is lined with three inches of insulation. This serves to reduce jacket and standby heat losses, further conserving energy. The jacket itself is powder coated, insuring a scratch resistant, long lasting finish. Two Packaging Options Knocked -down 8H units are easy to handle and maneuver at the job site. Optional containerized skid (shown) can be stacked, providing warehousing and job site convenience. Packaged and wired units provide fast and easy installation. A reinforced shipping container protects against damage. Can be configured for modular or multiple boiler operation! See page 14 for details Page 5 of 21 Series 8H - Hot Water Boiler Maximum Allowable Working Pressure (MAWP): 50 PSI Safety Relief Valve 50 PSI (standard) 30 PSI (optional) Pressure/Temperature Gauge Rugged Cast Iron Nipples Assembled with cast iron nipples for durability and reliability High Limit Control Honeywell L4080D 50 VA Transformer Aluminized Steel Burners Provide optimized air flow for maximum efficiency, smooth ignition and long life. Gas Manifold With plugged pressure tapping, saves on installation time and money. SOUTH EAST WELD COUNTY SERVICES TAG: BOILER Top Mounted Drafthood Blocked Vent Switch Automatically shuts down boiler in the event that the chimney or venting system become restricted. High Limit Control Manual Reset Step Opening Gas Valve Provides smooth ignition Commitment to Quality Burnham Commercial, "America's Boiler Company," has earned a reputation for quality and dependability. For single or multiple boiler applications, the Series 8H is right for your next job. Durable Cast Iron Sections For long term durability and reliability Ignition Module Honeywell S8610 Deluxe Jacket with 3" Insulation Decreases operating losses and gives a lasting finish Flame Rollout Switch Safely shuts down the boiler if the flue passages become blocked or restricted. The Lower Cost, Higher Efficient Alternative to Single Commercial Boilers SOUTH EAST WELD COUNTY SERVICES TAG: BOILER Modular/Multiple Boiler Concept Modular/multiple boiler systems put the efficiency, cost, and service advantages of compact gas boilers to work in heating applications where a single commercial boiler would not be sufficient. The systems connect any number of compact, self-contained gas boilers together and step -fire them to efficiently meet heating loads on demand. Firing to Load Demand Minimizes Standby Losses Maximum fuel utilization is achieved during long periods of full firing at the design temperature for each boiler. In comparison, a single large boiler would cycle on and off, more frequently during partial loads, not reaching its rated efficiency. During 90% of the average heating season less than 65% of the total heating capacity is required. Step -firing activates only those boilers needed to meet the load demand which reduces cycling and increases annual fuel efficiency. HOT WATER BOILER SIZING SEASONAL BOILER LOAD DEMAND 261 DAYS 100% Boiler Load 8 Days 80% Boiler Load 24 Days 60% Boiler Load 149 Days G0% Boiler Load 65 Days 20% Boiler Load 47 Days 89% OF HEATING SEASON Features & Benefits Choosing a modular or multiple boiler system can have many benefits. Cost Savings The basic cost of a modular/ multiple system is less than that of a single large boiler of equal capacity in most applications. Compact Design Lighter weight boilers are suitable for installation on any floor from basement to penthouse. A floor shield is required when installed on a combustible floor. - Hand truck the boilers through standard doorways. - Install the boiler during any phase of construction. Two Packaging Options Packaged and pre -wired for quick and simple installation or knock down with sections assembled, for easy movement into the boiler room. Controls are simple to set-up, operate and service. Standby safetyse rvice one boiler while the others carry the load. Provision for expansion. Spec the Right Piping to Preserve Efficiency Burnham Commercial recommends primary -secondary piping to maximize energy efficiency. Primary -secondary piping reduces off -cycle heat loss by delivering a positive balanced water flow only through each fired or cycling boiler. It also requires only a single header and less piping, which reduces installation cost and time. Efficiency —Energy OutiEnergy In Testing conducted by the National Bureau of Standards verifies that the efficiency of boilers piped primary/secondary surpasses that of boilers piped in parallel, and single large gas boilers by up to 10%. Prefabricated water manifolds with flex -couplings are available from Burnham Commercial for either 2 or 3 module installations. Pre- fabricated manifolds can be used for primary -secondary or parallel piping arrangements. 99 .80 7,1 60 50 40 30 20 n • I I I 1 0 10 20 30 40 50 60 70 80 90 100 Percentage of Maximum Heating Load Modular/multiple boilers with pnmary-secondary piping Single large boiler Moduiar/multWpie boilers piped in parallel MoAular/multiple boilers nperalrng as single boiler L _ Page 7 of 21 4 Enjoy the Peace of Mind That with Modular and Multiple Boilers Modular or Multiple? ASME Section IV differentiates between a modular and multiple boiler installation. According to ASME, a modular boiler system consists of individual modules with a maximum input of 400 MBH each. Each module is to be equipped with a pressure temperature gauge, temperature limit control, safety relief valve, and drain valve. The modules are to be manifolded together on site without any intervening stop valves. The modular boiler assembly is to be equipped with a common temperature limit control, low water cutoff, makeup water connection, provision for thermal expansion, and supply and return stop valves. Multiple boiler installations require a stop valve in the supply and return pipe connection of each boiler. Each boiler needs to be equipped with a pressure temperature gauge, two temperature limit controls, safety relief valve, and drain valve. Boilers over 400 MBH must also include a low water cutoff. Sizes 805, 6, and 7 can be installed as modular or multiple boilers. Sizes 808, 9, and 10 are to be installed as multiple boilers. In both cases, minimum recommended side -to -side clearance is one inch or as required by local codes. 5 SOUTH EAST WELD COUNTY SERVICES TAG: BAILER Available Controls Burnham Commercial offers a selection of system control packages to let you design modular/ multiple boiler installations based on heat use, fuel economy, and the desired level of automation. For more information on the controls shown or for more information on controls not shown here, contact Burnham Commercial. Enjoy the peace of mind that comes with modular and multiple boilers. Multiple boilers can continue to heat the building even while one is being serviced, and you won't have to worry about lost efficiency due to short cycling during shoulder months. Description tekmar 261 tekmar 263 tekmar 264 tekmar 265 tekmar 268 Staging Up to two low -high on/off -low or boiler one Up one to twoon/off modulating or boiler Up one to modulating four on/off or boiler Up to three boilers modulatingUp four to low nine -high boilers on/off -low or Number of stages 2 2 `' 3 9 Boiler differential NM AIM AIM A/M AIM Minimum supply temp. M M M M M Outdoor reset S S S S S Boiler post purge F A/M A/M A/M AIM Equal run time rotation S • S S - S PID staging S S S S S W.W. S. D. S S S `1 D.H.W.P. S ' S S S Pump exercising S - S S `: Water temp setback S S 3 S S Zone temp. setback 120/2_40V relay outputs S S 4 S S CSA/C US approved S c 5 Auto test S c Sc , , Error message S S S 1) S Modulation 0-20mAor4-20mA outputs S, s Min/max modulation settings S Parallel/sequential modulation S KEY: A/M = Auto/Manual; S = Standard; F = Fixed; M = Manual 6 Page 9 of 21 Recommended Modular/Multiple Boiler Selection SOUTH Eik T WELD COUNTY sERvices TAG elf . Number of Boiler Sizes Required Ratings - (MBH) Net Approx. Shipping Weight lbs. 805H 806H 807H 808H 809H 810H Input Gross _ Output Output 2 504 420 368 1220 1 1 567 472 412 1310 2 630 524 456 1400 1 1 689 573 498 1491 2 748 622 540 1582 1 1 807 671 583 1672 2 866 72.0 626 1762 1 1 924 769 669 1858 2 982 818 712 1954 1 1 1041 868 755 2045 2 1100 918 798 2136 . 2 1 1181 982 853 2463 1 1 1240 1031 896 2553 3 1299 1080 939 2643 2 1 1357 1129 982 2739 1 2 1415 1178 1025 2835 3 1473 1227 1068 2931 2 1 1532 1277 1111 3022 1 2 1591 1327 1154 3113 3 1650 1377 1197 3204 4 1732 1440 1252 3524 3 1 1790 1489 1295 3620 2 2 1848 1538 1338 3716 1 3 1906 1587 1381 3812 4 1964 1636 1424 3908 3 1 2023 1686 1467 3999 1 2 2082 1736 1510 4090 1 3 2141 1786 1353 4181 4 2200 1836 1596 4272 3 2 2281 1898 y 1651 4597 2 3 2339 1947 1694 4693 1 4 2397 1996 1737 4789 5 2455 2045 1780 4885 4 1 2514 2095 1823 4976 3 2 2573 2145 1866 5067 2 3 2632 2195 1909 5158 1 4 2691 2245 1952 5249 5 4 2750 2295 1995 5340 2 4 2830 2356 2050 5670 1 5 2888 2405 2093 5766 6 2946 2454 2136 5862 5 1 3005 2504 2179 5953 4 2 3064 2554 2222 6044 3 3 3123 2604 2265 6135 2 4 3182 2654 2308 6226 1 5 3241 2704 2351 6317 6 3300 2754 2394 6408 1 1 6 3379 2814 2449 6743 7 3437 2863 2492 6839 6 1 3496 2913 2535 6930 5 2 3555 2963 2578 7021 4 3 3614 3013 2621 7112 3 4 3673 3063 2664 7203 2 5 3732 3113 2707 7294 1 6 3791 3163 2750 7385 7 3850 3213 2793 7476 8 3928 3272 2848 7816 7 1 3987 3322 2891 7907 6 2 4046 3372 2934 /998 5 3 4105 3422 2977 8089 4 4 4164 3472 3020 8180 3 5 4223 3522 3063 8271 2 6 4282 3572 3106 8362 1 7 4341 3622 3149 8453 8 4400 3672 _ 3192 8544 Not for direct Installation on combustible flooring. A heat shield :s required and available for combustible floor installations. Not for installation on carpet, even with floor shield. Optionall Equipment ersrmfai Water Manifolds Factory fabricated manifolds are available as a convenience to the installer. The manifolds are lightweight and forgiving of minor piping misalignments common to multiple boiler installations. Available as two -module or three -module manifolds. For installations of four or more modules in a row, the manifolds can be joined together as required. Applicable to primary -secondary or parallel piping arrangements. Flex Couplings rail Easy to install flex couplings are available to facilitate piping connections. They accommodate misalignments between pipes and permit up to a total of 8 angular misalignment at each connection while maintaining a leakproof seal. Flex couplings reduce installation time and reduce labor costs. Page 10 of 21 7 Dimensions and Specifications SOUTH EAST WELD COUNTY SERVICES TAG: BOILER Boiler Model 'A' 'B' 'C' USA Canada USA Canada 805H 20 10 7 24-3/4 24-3/4 16-1/8 161/8 f 80611 23-3/4 11-7/8 r 8 27-3/4 25-3/4 18 16 . 13-3/4 15-5/8 17-1/2 19-3/8 9 9 10 10 28-3/4 30-3/4 33-1/2 33-1/2 25-3/4 26-5/8 26-3/8 26-3/8 18 20 22 22 16 16 15 15 807H 808H 809H 810H 27-1/2 31-1/4 35 38-3/4 All dimensions are in inches FRONT Vizor Ilk (28 km) 2' (5.1cm) S2176" (62 4 -cm) 2 (56 San) 5.1cm) 3}-(100.,) TOP VIEW 2' FPt RETURN 151730.1 cm) DRAIN VA!VE PIPING SHOWN IN HIDOEN LINES NOT SuPPUED BY MANUFACTURER VENT DAMPER -681 .C, (W USED) SAFETY RELEF VALVE LEFT SIDE VIEW 2' MP! SUPPLY TEMPERATURE/PRESSURE GAUG MANUAL GAS SHUT-OFF VALVE 3.}' (82.6cm) Lihr(4.6crn) SERIES 8H RATINGS* Natural and LP Gas -..�M ama MODEL _ BOILER (1) RATINGS NET I=B=R RATING WATER (MBH) (2) EFFICIENCY _ MINIMUM GAS PRESSURE NATURAL (Inches) MINIMUM RECOMMENDED CHIMNEY SIZE WA. (In.) X HT. (Ft.) ROUND (3) WATER CONTENT (Gal.) APPROX. SHIPPING WEIGHT (Lbs.) 24V El INPUT (MBH) GROSS OUTPUT (MBH) 805H a 252 210 (4) 183 83.2 (4) N/A 4.5 7 X 15 11.9 600 315 262 228 83.1 4.5 4.5 8 X 15 13.9 690 [80614 , 374 433 491 550 311 360 409 459 83.2 83.3 83.4 83.4 5.0 N/A N/A N/A 4.5 4.5 5.0 5.0 9 X 1S 9 X 15 10 X 15 10X 15 15.9 17.9 19.9 21.9 781 871 962 1052 270 313 356 399 807H 808H 809H 810H . 'Ratings shown are for installations at sea level and elevations up to 2,000 feet. For elevations above 2,000 feet, ratings should be reduced at the rate of four percent (4%) for each 1,000 feet above sea level. 1. When ordering, use prefix P for packaged and K for knocked -down. Use suffix NSP for natural gas, standing pilot; NH for natural gas, electronic ignition; PSP for LP gas, standing pilot; PEI for LP gas, electronic ignition. 2. Net I=B=R ratings shown are based on normal I=B=R piping and pickup allowance of 1.15. Consult the Burnham Commercial for installations having unusual piping and pickup requirements such as intermittent system of operation, extensive piping systems, etc 3. 15 foot height is measured from top of drafthood to top of chimney. 4. The 805 is a DOE heating capacity and AFUE efficiency. Furnished with electronic ignition and vent damper. Maximum allowable working pressure: 50 PSI Water only.; 50 PSI Safety Relief Valve - Standarc; 30 PSI Safety Relief Valve - Optional Standard Equipment Cast Iron Section Assembly Deluxe Jacket with 3 inch Insulation 100% Shut-off Gas Controls Boiler Drain Valve SOVA Transformer and Junction Box Aluminized Steel Burners 1" Gas Connection 2 Supply and Return Connections 50 PSI Safety Relief Valve Stainless Steel Flue Baffles Blocked Vent Switch (BVS) - All Sizes Flame Roll -Out Switch (FRS) - All Sizes L4080O High Limit Control 750P -MT -120 Probe LWCO - 808H-81 OH only High Limit Control with Manual Reset - L4006E (in addition to 14080) - Packaged Boilers Only Electronic Ignition on 805H, 808H - 810H for Natural or LP Gas 24V Standing Pilot on 806H, 807H for Natural or LP Gas Pressure Temperature Gauge Packaged units are shipped packaged and wired in a reinforced cardboard container, for added protection. Drahhood, trim carton, low water cut-off and damper; when supplied, are shipped in separate cartons. Knocked -down units are shipped in a stackable container with sections assembled and mounted on the base with manifold and burners installed Controls, trim, drafthood, and jacket are shipped together in the same container as the boiler. Optional Equipment 30 PSI Safety Relief Valve Electronic Ignition on 806H and 8071-1 (standard on 805H, 808H thru 81 OH) Intermittent Circulation (24V) Electronic Control Sets to meet CSD-1 Vent Damper — 806H thru 8106 (standard on 805H), available on standing pilot and electronic ignition models only - not available with Electronic Control Sets Combustible Floor Shield NOTE: NOT FOR DIRECT INSTALLATION ON COMBUSTIBLE FLOORING. A HEAT SHIELD IS REQUIRED AND AVAILABLE FOR COMBUSTIBLE FLOOR INSTALLATION AND CONCRETE INSTALLATION WHICH IS OVER A MATERIAL THAT IS SUBJECT TO MELTING (PVC, PEX RADIANT TUBING ETC.). NOT FOR INSTALLATIONS ON CARPET, EVEN WITH A COMBUSTIBLE FLOOR SHIELD. Burnham Commercial - Lancaster, PA Phone' 1-888-791-3790 www.burnhamcommercial.com 8 Commercial Boilers Page 11 of 21 PUMP Plumb!nq un y Co. SUBMITTAL DATA / SOUTH EAST WELD COUNTY SERVICES Page 12 of 21 SOUTH EAST WELD COUNTY SERVICES TAH: PUMP Submittal Data PROJECT: REPRESENTATIVE: ENGINEER: CONTRACTOR: UNIT TAG: TYPE OF SERVICE: SUBMITTED BY: APPROVED BY: ORDER NO.: QUANTITY: DATE: DATE: DATE: Note! Product picture may differ from actual product Conditions of Service • Liquid: Temperature: Specific Gravity: Water 140 °F 0.985 H [ftl 45 40 35- 30 25 20 15_ 10, 5_ P1 [WI 500- 400- 300- 200- 100-, 0 UPS 32-160 Fri UPS is a three -speed circulator pump designed for heating and air-conditioning systems and is also used for central and district heating systems. The pump provides reliable and maintenance -free operation. Pump Data Liquid temperature range Maximum ambient temperature: Pipe connection: Product number: 14 .. 248'F 104 °F GF 40/43 96402730 10 15 20 25 30 35 i 40 60 65 70 75 Q [US GPM] a 5 N1 50 515 Motor Data Max. power input: Rated voltage Mains frequency: Enclosure class: Thermal protection: 625 W 115 V 60 Hz X4D INT. UPS 32-160 F, 60Hz Pumped liquid = Water Liquid temperature during operation = 140 °F Density ; 61.35 Ib/ft3 eta P/0] 80 70 60 50 _40 30 -20 -10 Page 13 of 145 SOUTH EAST WELD COUNTY SERVICES TAH: PUMP Submittal Data 5.31" 12.16" 3.19" Materials: Pump housing: Pump housing: Impeller: Impeller: Impeller: 0 W 0 Cast iron ASTM 35 B - 40 B Stainless steel AISI 304 EN 1.4301 3.42" Page 14 of �� GRUN0FOS N SOUTH EAST WELD COUNTY SERVICES TAH: PUMP Company name: Created by: Phone: Date: 14/02/2024 Qty. Description 1 UPS 32-160 F [96402730 Product No.: The pump is of the canned rotor type, i.e. pump and motor form an integral unit without shaft seal and with only two gaskets for sealing. The bearings are lubricatd by the pumped liquid. .• tabip rage In Note! Product picture may differ from actual product In order to avoid problems in connection with disposal, great importance has been attached to using as few different materials as possible. The pump is characterized by: * 3 speed motor. * Ceramic radial bearings. * Carbon axial bearing. * Stainless steel rotor can, bearing plate and rotor cladding. * Aluminium alloy stator housing. • Cast iron pump housing. * Stator with built-in thermal switch. The motor is a 1 -phase motor. The pump is supplied with a standard module in the terminal box. The standard module is to be connected to the mains supply via external contactor. Controls: Relay: Liquid: Pumped liquid: Liquid temperature range: Selected liquid temperature: Density: Technical: Approvals: Materials: Pump housing: Impeller: Y Water 14..248°F 140 °F 61.35 lb/ft' CCSAUS Cast iron EN 1561 EN-GJL-250 ASTM 35 B - 40 B Stainless steel EN 1.4301 AISI 304 Printed from Grundfos Product Centre [2024.06.006] Page 15 of SOUTH EAST WELD COUNTY SERVICES TAH: PUMP GRUN0FOS ‘S/A% Company name: Created by: Phone: Date: 14/02/2024 Qty. Description 1 Installation: Range of ambient temperature: Maximum operating pressure: Type of connection: Pipe connection: Pressure rating for connection: Port -to -port length: Electrical data: Power input in speed 1: Power input in speed 2: Max. power input: Mains frequency: Rated voltage: Current in speed 1: Current in speed 2: Current in speed 3: Cos phi in speed 1: Cos phi in speed 2: Cos phi: Capacitor size - run: Enclosure class (IEC 34-5): Insulation class (IEC 85): Built-in motor protection: Others: Terminal box position - Net weight: Gross weight: Shipping volume: Country of origin: Custom tariff no.: 32 .. 104 °F 145.04 psi DIN GF 40/43 PN 10 131/2 in 0.7443 HP 600 W 625 W 60 Hz 1 x 115V 5.5 A 5.8 A 5.8 A 0.88 0.9 0.94 60 pF/250 V X4D H CONTACT 1.30H 39.2 lb 48.7 lb 2.08 ft' RS 8413.70.2005 Printed from Grundfos Product Centre (2024 06 006] Page 16 of lit SOUTH EAST WELD COUNTY 'SER ICES TAH: PUMP GRUNDFOS :! Company name: Created by: Phone: Date: 14/02/2024 96402730 UPS 32-160 F 60 Hzj N I c" 9 Ins N r O to .mane, et a z Motel All units are in [in] unless others are stated. Disclaimer: This simplified dimensional drawing does not show all details. Printed from Grundfos Product Centre [2024 06.006] Page 17 of Accessories SOUTH EAST WELD COUNTY SERVICES TAM: PUMP Packaged fitting sets GF 15/26/40/43 GF 50 I Pipe connection I a TMO4 9808 0111 GU 125 Union Pipe connection TMO4 9809 0111 Pipe connection 2" NPT JIsolation Valve GU 125 Union Pipe connection TMO4 9810 0111 r.� TMO4 9811 0111 Material Pump Connection Pipe Connection NPT Solder Compression Material Number Dimensions (in. I mm) A 6 C D E F Cast Iron GF15/26 3/4" 519601 1. 519602 1-1/4" 519603 1-1/2" 519604 4-1/4/106 3-118/8C 2-3/4/67 1/2/13 1/2/13 3/4/20 GF40/43 1-1/2" 5a9605 4-3/4 / 120 3-1/2 / 87 3/ 74 112/13 1/2 / 13 3/4/20 GF50 2' (4-bo,t range) 96409354 5-1/4 /133 4 / 103 1/2114 1/2 / 13 3/4 / 20 Bronze 3/4" 519651 GF15/26 1' 519652 4-1/4 / 106 3-1/8 / 80 2-3/4 / 67 1 /2 / 13 1/2 /13 3/4 / 20 1-1/4" 96409356 G F40/43 1-1/2'' 539615 4-3/41 120 3-1/2 / 87 3/ 74 1/2 / 13 1/2 / 13 3/4 / 20 GF50 GU 125 Union 2" (4 -Colt flange) 3/4' 96409355 5-1/4 /133 4/ 103 1/2 1 14 1/2 / 13 3/4 / 20 529912 1 /25 1-7/8/46 1-1/14/31 5/8/ 16 1/2" 529913 3/4 / 20 1-7/8 /46 3/4 / 20 5/8 / 16 3/4" 529911 3/4/20 1-7/8 / 46 1 / 26 5/8 / 16 Isolation Valves Bronze GU125 Union 1/2" 519850 2-1/4 / 57 1-7/8 / 46 1 / 25 5/8 / 16 3/4" 519852 2-1/4 / 57 1-7/8 / 46 1-1/4 / 31 5/8 / 16 3/4" 519851 2 / 51 1-7/8/46 1-1/4/31 5/8 /16 Notes: GF15/26/40/43 Flange sets to include two flanges, two gaskets, and four nuts and bolts. GF50 Flange sets to include two flanges, two gaskets, and eight nuts and bolts. GU 125 Union Union set to include two nuts. gaskets, and adapters Dimensions are in inches unless otherwise noted Approvals (Bronze sets) IAPMO - #6591 Page 18 of 21 GRUN0FOS i�• 75 E P �l J Plumbing un�`� y 1 C© SUBMITTAL DATA / SOUTH EAST WELD COUNTY SERVICES Page 19 of 21 agirsatscais iY/f IFATlEY HVAC PRODUCTS® SOUTH EAST WELD COUNTY SERVICES. TAH: EXPANSION TANK BDT - "Multi -Purpose" Expansion Tank Features: ■ Constructed in accordance with ASME Section VIII, Division I, Latest Edition • Stainless Steel System Connection • EPDM Bladder • Full Acceptance Bladder Design / Replaceable • Factory Air Charged to 12 P.S.I. • Maximum Temperature 280°F Intermittent • Constructed of NSF 61 Compliant Materials • Primed Exterior Optional Features: ■ Higher working pressures available • Top entry • "Bulls Eye" sight glass • Seismic mounting (clips or legs) • Painted Exterior, Epoxy Coatings A r Cnaige 'v --folk System Conrecton BDT-006 & BDT-009 A Air Charge Vatve E Et— Retaining Nut Air Charge VahreNk AselLining Ring System Connection BDT-013, BDT-016 & BDT-026 System Connection BDT-040 THRU BDT-211 NUMBER PART ACCEPTANCE , VOLUME HEIGHT B (IN.) SYSTEM CONNECT (IN.) WEIGHT WORKING DIAMETER A (IN.) , PRESSURE fr BDT-006 6 GALLON 12 12 3/4" 4 24 150 PSI BDT-009 9 GALLON or 12 17 3/4" 28 150 PSI BDT-013 13 GALLON 14 28 3/4'' 50 150 PSI BDT-016 16 GALLON 14 32 65 150 PSI 3/41 BDT-026 26 GALLON 16 40 3/4" 98 150 PSI BDT-040 40 GALLON 20 41 1" I, 140 150 PSI BDT-060 60 GALLON 24 48 1 1/2" 220 150 PSI BDT-080 80 GALLON _ 24 50 1 1/2" 235 150 PSI BDT-112 112 GALLON I 30 52 1 1/2" 273 150 PSI BDT-135 I 135 GALLON 30 59 1 1/2" 340 150 PSI BDT-162 162 GALLON 30 61 1 1/2" 360 150 PSI 1 BDT-185 185 GALLON 30 80 1 1/2" 545 200 PSI BDT-211 211 GALLON 32 71 1 1/2" 480 150 PSI i All packaging materials, thread protectors, plastic plugs and caps must be removed before installation. Dimensions are subject to change without notice, please confirm actual dimensions with factory at time of order. JOB NAME LOCATION CONTRACTOR CONTRACTOR P.O. NO. ITEMS QUANTITY IWaE4TZEV MVAC PRODUCTS.' 2701 W. Concord Street Broken Arrow, OK 74012 Toll Free: 866-204-5229 PH: 918-317-0401 FAX: 918-317-0407 www.wheatleyhvac om-, e-mail: sales@gIobalflowP Adis°&btn ,Ainarican WNE4TLEV HVAC PRODUCTS SOUTH EAST WELD COUNTY SERVICES TAH: EXPANSION TANK USE: Designed to absorb expansion of fluids in typical hydronic systems. The BDT Tank is designed for pressure boost systems as well as typical cooling and heating applications. Bladder material is suitable for hot water applications. Installation of the tank will help eliminate constant pump use, prolonging pump life and unnecessary blowing of relief valves. Specifications: Furnish and install and shown on plans, American Wheatley BDT series, full acceptance expansion tank. Tank shall be constructed of caroon steel in accordance with ASME Section VIII, Division 1, latest edition. Tank shall incorporate a removable and replaceable heavy duty EPDM bladder. Tank shall be supplied with 12 psi factory air charge. Tanks shall be supplied on standard base ring unless otherwise specified. Tanks shall be constructed and ASME stamped for 150 psi working pressure at 240°F. Tanks shall be supplied with exterior high grade red oxide primer finish. Vertical or horizontal installation is acceptable. Non -replaceable diaphragm type tanks are not acceptable. Typical Piping Details With Bladder Type Tanks (BDT Series) From Bo11er Strainer Removal Air RSSaase <-` Wheatley Ai Separator ASME ••--s.r- Blowdown Connection Wheatley Erpsnil:n Tank Wheatley Reducing Ve1� las r + To System Cold Water Supply Pump anaticanMEATLEY HVAC PRODUCTS' A GFP COMPANY 2701 W. Concord Street, Broken Arrow, OK 74012 Toll Free: 866-204-5229 PH: 918-317-0401 FAX: 918-317-0407 www.wheatleyhvac.com e -mall: sales@globalflowpr rtp.%9T ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) oz/2s/zoza 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 po icy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CT NAMCONTACT Wendy Martinez Me Insurance Agency, Inc (Tait 008 (970) 667-2145 I (ac. No): (970) 669-9295 1601 E Eisenhower Blvd E-MAILSS: wendy@weedinagency.com ADDRE INSURER(S) AFFORDING COVERAGE NAIL # Loveland CO 80537 INSURER A: Berkley Assurance Company 39462 INSURED INSURER B : Owners Insurance Company 32700 Top Notch Plumbing LLC INSURER C : The Pie Insurance Company 21857 dba Top Notch Plumbing, Heating & Air INsuRER D : Evanston Insurance Company 35378 3005 W 29th St Unit D INSURER E : Greeley CO 80631 INSURER F : VERAGES CERTIFICATE NUMBER: 24 25 MASTER 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 LTR TYPE OF INSURANCE ADDL SUER INSD WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP (MM/DD/YEA) LIMITS A X COMMERCIAL GENERAL LIABILITY ICLAIMS -MADE 0 OCCUR Y Y VUMA0340180 02/08/2024 02/08/2025 EACH OCCURRENCE $ 1,000,000 PREM HES / a occu once) $ 300,000 MED EXP (Any one person) $ 10,000 pERSONALaADVINJURY $ 1'000'000 GENERAL AGGREGATE $ 2,000,000 GENII AGGREGATE LIMIT APPLIES PER: POLICY 0 JE a 0 WC OTHER: PRODUCTS - COMP/OP AGG $ 2,000,000 Per Protect Aggregate $ 5,000,000 B AUTOMOBILE LIABILITY ANY AUTO - OWNED AUTOS ONLY XHIRED AUTOS ONLY X 19 X SCHED5L68 AUTOS X NON -OWNED AUTOS ONLY 7 7 5437399600 0373/2023 0373/2024 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTYDAMAGE (Per accident) $ Uninsured motorist BI $ 1,000,000 A UMBRELLA LIAR X EXCESS LIAR X OCCUR CLAIMS -MADE Y VUMA0340200 02/08/2024 02/08/2025 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 $ DED I I RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYTrRIETOR/PARTNER/EXECUTIVE M ory in N ) EXCLUDED? (Mandatory (Mandatory in NH) gyes, describe under DESCRIPTION OF OPERATIONS below NIA Y WC11750400 03/13/2023 03/13/2024 XI STATUTE I I 24H E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY .IT $ 1,000,000 D Contractor's Pollution Liability Y Y CPLMOL117577 06/05/2023 06/05/2024 Each Condition Limit Coverage Aggregate Deductible $1,000,000 $1,000,000 $10,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) When required by written contract, Weld County Facilities is Additional Insured for Ongoing and Completed Operations. Coverage is Primary and Non-contributory. A Waiver of Subrogation applies as per the policy forms and conditions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Weld County Facilities ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Jeremy Duran AUTHORIZED REPRESENTATIVE 1105 H Street Greeley I CO 80631 ----,..-� ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Agency Code 32-0017-00 Policy Number 54-373-996-00 58504 (1-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE - BLANKET COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL AUTO POLICY SECTION II - COVERED AUTOS LIABILITY COVER- AGE is amended. The following provision is added. Any person or organization is an insured for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an insured under SECTION II - COVERED AUTOS LIABILITY COVER- AGE, A. COVERAGE, 1. Who Is An Insured. All other policy terms and conditions apply. 58504 (1-15) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 58583 (1-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER PAYMENTS (WAIVER OF SUBROGATION) - BLANKET This endorsement modifies insurance provided under the following: COMMERCIAL AUTO POLICY SECTION V CONDITIONS, A. LOSS CONDITIONS is amended. 5. Our Right to Recover Payments is de- leted and replaced by the following condition. 5. Our Right to Recover Payments If we make a payment under this policy and the per- son to or for whom payment is made has a right to recover damages from another, we will be entitled to that right. That person shall do everything neces- sary to transfer that right to us and do nothing to prejudice it. However, we waive our right to recover payments made for bodily injury or property damage: a. Covered by the policy; and b. Arising out of the operation of autos covered by the policy, in accordance with the terms and conditions of a written contract between you and such person or entity only if such rights have been waived by the written con- tract prior to the accident or loss which caused the bodily injury or property damage. All other policy terms and conditions apply. 58583 (1-15) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 Agency Code 32-0017-00 Policy Number 54-373-996-00 58524 (1-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF DEFINITIONS This endorsement modifies insurance provided under the following: COMMERCIAL AUTO POLICY SECTION VI - DEFINITIONS is amended. 1. B. is deleted and replaced by the following definition. B. Auto means: 1. A land motor vehicle; 2. A trailer; or 3. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, auto does not include mobile equip- ment. As it applies to this endorsement only, mobile equipment does not include a snowmobile. 2. U. is deleted and replaced by the following definition. U. Trailer means a vehicle which is designed to be connected to and towed by a power unit. Trailer does not include non -motorized farm machinery or farm wagons. A trailer is not equipment or custom furnishings. All other policy terms and conditions apply. 58524 (1-15) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 58540 (12-19) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - BLANKET COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL AUTO POLICY SECTION V - CONDITIONS, B. GENERAL CONDI- TIONS, 2. Other Insurance is amended. The following provision is added as it applies to this endorsement only. When this insurance is primary and there is other in- surance for any person or organization, other than a Named Insured, which covers liability for your oper- ations, contribution from such other insurance shall not be sought by us when: (1) There is a written agreement between you and such person or organization that this insurance shall be primary and without the right of contribution; and (2) Such written agreement was in force prior to any bodily injury or property damage. All other policy terms and conditions apply. 58540 (12-19) Includes copyrighted material of Insurance Services Office Inc., with its permission. Page 1 of 1 ENVIRONMENTAL MARKEL EVANSTON INSURANCE COMPANY CONTRACTOR'S POLLUTION LIABILITY COVERAGE FORM INSURING AGREEMENT A.4. PROVIDES CLAIMS -MADE AND REPORTED COVERAGE FOR SUDDEN AND ACCIDENTAL DISC■ARGE, RELEASE, OR ESCAPE OF POLLUTANTS AND REQUIRES THAT A CLAIM UNDER SUCH COVERAGE BE FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD AND REPORTED TO US IN WRITING DURING THE POLICY PERIOD OR ANY APPLICABLE EXTENDED REPORTING PERIOD WE PROVIDE UNDER SECTION VI - EXTENDED REPORTING PERIODS. VARIOUS PROVISIONS IN THIS POLICY MAY RESTRICT OR EXCLUDE COVERAGE. PLEASE READ THE ENTIRE POLICY CAREFULLY TO DETERMINE THE INSURED'S RIGHTS AND DUTIES AND WHAT IS AND IS NOT COVERED. Throughout this Policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this Policy. The word "insured" means any person or organization qualifying as such under Section III — Who Is An Insured. The words "we", "us" and "our" refer to the company providing this insurance. Other words and phrases that appear in quotation marks havespecial meaning. Refer to Section VII — Definitions. SECTION I - COVERAGES A. Insuring Agreements The following Insuring Agreements apply only if that Insuring Agreement is shown as purchased by an "X" in the Declarations, and the "pollution condition" that causes a "loss" takes place in the "coverage territory". The amount we will pay is limited as described in Section IV — Limits Of Insurance And Self -Insured Retention Or Deductible. 1 Contractor's Pollution Liability We will pay an behalf of the insured those sums in excess of the Self -Insured Retention or Deductible shown in the Declarations that the insured becomes legally obligated to pay for "loss" resulting from a "claim" for "bodily injury", "property damage", or "cleanup costs" caused by a "pollution condition" to which this insurance applies, provided: a. The "pollution condition" arises out of "your work"; and b. The "bodily injury" or "property damage" occurs, or the "cleanup costs" are incurred, during the Policy Period. With respect only to "bodily injury", "property damage", or "cleanup costs" caused by legionella pneumophila, there must be a direct relation to a documented case of a legionella pneumophila outbreak for coverage to apply. 2. Transportation Pollution Liability We will pay an behalf of the insured those sums in excess of the Self -Insured Retention or Deductible shown in the Declarations that the insured becomes legally obligated to pay for "loss" resulting from a "claim" for "bodily injury", "property damage", or "cleanup costs" resulting from a "transportation pollution condition" to which this insurance applies, provided: a. The "transportation pollution condition" arises out of "transported cargo" that is transported, delivered, or shipped by you in a "covered conveyance", or by a "carrier" on your behalf; and b. The "bodily injury" or "property damage" occurs, or the "cleanup costs" are incurred, during the Policy Period. This coverage shall not be utilized to evidence financial responsibility of any insured under any applicable federal, state, provincial, or local law. MEEI 0007 01 22 Page 2 of 21 3. Non -Owned Disposal Site Liability We will pay on behalf of the insured those sums in excess of the Self -Insured Retention or Deductible shown in the Declarations that the insured becomes legally obligated to pay for "loss" resulting from a "claim" for "bodily injury", "property damage", or "cleanup costs" resulting from a "pollution condition" at, on or under, or migrating from a covered "non -owned disposal site", provided: a. The "pollution condition" originates at a "non -owned disposal site"; b. The "pollution condition" arises from waste or material generated by "your work"; and c. The "bodily injury" or "property damage" occurs, or the "cleanup costs" are incurred, during the Policy Period. 4. Sudden And Accidental Discharge, Release, Or Escape Of Pollutants Liability We will pay those sums that the insured becomes legally obligated to pay for "loss" resulting from a "claim" for "bodily injury", "property damage", or "cleanup costs" resulting from a sudden and accidental "pollution condition" originating at, on or under, or migrating from, a "covered location", provided: The sudden and accidental "pollution condition" is the result of an unforeseen, unplanned, or unexpected event or circumstance; b. The sudden and accidental "pollution condition" commences during the Policy Period; c. The sudden and accidental "pollution condition" is first discovered by any insured no later than 7 days after it commences, unless a different period is shown in the Schedule Of Covered Locations; d. The insured reports the commencement of the sudden and accidental "pollution condition" to us in writing no later than 21 days following its discovery by any insured, unless a different period is shown in the Schedule Of Covered Locations; and The "claim" is first made during the Policy Period or the Extended Reporting Period, as provided under Section VI — Extended Reporting Periods. 5. Crisis Management And Emergency Response Costs We will indemnify you for: "Crisis management costs" you incur as a direct result of a "crisis management event", provided that the "crisis management event": (1) Arises directly from a "pollution condition" that has resulted or is reasonably likely to result in a "loss" covered under this Policy; (2) Commences during the Policy Period; and (3) First becomes known to a "responsible insured" during the Policy Period and is reported to us in writing as soon as practicable, but in any event during the Policy Period or within 30 days after the end of the Policy Period. We will pay those "crisis management costs" you incur even if coverage hereunder is still to be confirmed by us, but we will stop paying such "crisis management costs" as soon as it becomes evident, to either you or us, that this insurance does not apply. "Crisis management costs" are not subject to the Self -Insured Retention or Deductible; and b. "Emergency response costs" you incur in excess of the Self -Insured Retention or Deductible shown in the Declarations as a direct result of the "pollution condition" that has resulted in a "loss" covered under this Policy. B. Claims And Defense 1. With respect only to Insuring Agreements 1. through 4. above, coverage applies only if, prior to the Policy Period, no "responsible insured" knew that the "bodily injury", "property damage", or "cleanup costs" had occurred, in whole or in part. If any "responsible insured" knew, prior to the Policy Period, that the "bodily injury", "property damage", or "cleanup costs" occurred, then any continuation, change, or resumption of such "bodily injury", "property damage", or "cleanup costs" during or after the Policy Period will be deemed to have been known prior to the Policy Period. MEEI 0007 01 22 Page 3 of 21 "Bodily injury", "property damage", or "cleanup costs" which occur during the Policy Period and were not, prior to the Policy Period, known by any "responsible insured" to have occurred, includes any continuation, change, or resumption of the "bodily injury", "property damage", or "cleanup costs" after the end of the Policy Period. "Bodily injury", "property damage", or "cleanup costs" will be deemed to have been known to have occurred at the earliest time when any "responsible insured": a. Reports all or any part of the "bodily injury", "property damage", or "cleanup costs" to us or any other insurer; b. Receives a written or verbal demand or "claim" for damages because of the "bodily injury", "property damage", or "cleanup costs"; or c. Becomes aware by any other means that the "bodily injury", "property damage", or "cleanup costs" have occurred or have begun to occur. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services, or death resulting at any time from the "bodily injury". 2. We: a. Will have the right to investigate any "claim" to which this insurance applies; b. Will have the right and duty to defend the insured against any "suit" seeking damages to which this insurance applies; and c. May, at our discretion, investigate any "pollution condition" and settle any "claim" that may result. However: (1) We will have no duty to defend the insured against any "suit" seeking damages to which this insurance does not apply; (2) The amount we will pay for "loss" is limited as described in Section IV — Limits Of Insurance And Self - Insured Retention Or Deductible; and (3) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments, settlements, or supplementary payments. 3. All "claims" for damages arising out of the same, related, or continuous "pollution condition" will be considered a single "claim' and will be deemed to have been first made and reported or incurred at the time of the first "claim" is made against any insured. Any "claim" for damages to the same person, including damages claimed by any person or organization for care, loss of services or death resulting at any time, will be deemed to have been made at the time the first of those "claims" is made against any insured. C. Supplementary Payments 1. Loss Of Earnings And Expense Reimbursement We will pay, with respect to any "claim" we investigate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the "claim", including actual loss of earnings up to $500 a day because of time off from work. c. All court costs taxed against the insured in the "suit". However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. d. Pre -judgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any pre -judgment interest based on that period of time after the offer. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the Limits Of Insurance shown in the Declarations. MEEI 0007 01 22 Page 4 of 21 2. Suit Against Indemnitee If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee only if all of the following conditions are met: The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contractor agreement that is an "insured contract"; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of that indemnitee has also been assumed by the insured in the same "insured contract"; d. The allegations in the "suit" and the information we know about the "pollution condition" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement, or defense of the "suit"; (b) Immediately send us copies of any demands, notices, summonses, or legal papers received in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suit". As long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us, and necessary litigation expenses incurred by the indemnitee at our request will be paid as supplementary payments. We may, at our option, appoint one counsel to defend all of the insureds and indemnitees of the insureds who are or may be involved with respect to such "suit". Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as supplementary payments ends when we have used up the applicable Limit Of Insurance in the payment of judgments, settlements, or supplementary payments, or the conditions, or terms of the agreement set forth above, are no longer met. These payments will not reduce the Limits Of Insurance shown in the Declarations. SECTION II - EXCLUSIONS A. With respect to all Insuring Agreements and Supplementary Payments, this insurance does not apply to: 1. Contractual Liability "Loss" the insured is legally obligated to pay as damages as a result of the assumption of liability in a contract or agreement. However, this exclusion does not apply to liability for damages: a. That the insured would have in the absence of the contract or agreement; or b. Assumed in a contract or agreement that is an "insured contract", provided the "loss" occurs subsequent to the execution of the contract or agreement. 2. Criminal Fines Or Criminal Penalties Any criminal fines or criminal penalties. MEET 0007 01 22 Page 5 of 21 3. Damage To Property "Property damage" in any way related to any real property or facility that is or was at any time owned, operated, or occupied by, or rented to, you. However, this exclusion does not apply if the real property or facility is operated or occupied by you for the purpose of performing "your work". 4. Damage To Tour Product Or Your Work "Property damage" to "your product" or "your work" or any part of "your product" or "your work". 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. 5. Employer's Liability "Bodily injury" to: a. An "employee" of the insured arising out of and in the course of: (1) Employment by the insured; or (2) Performing duties related to the conduct of the insured's business; or b. The spouse, child, parent, brother, or sister of that "employee" as a consequence of such "bodily injury". This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. However, this exclusion does not apply to liability assumed by you under an "insured contract". 6. Expected Orintended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of any "responsible insured". 7. Impaired Property "Property damage" to "impaired property" or property that has not been physically injured, arising out of: a. A defect, deficiency, inadequacy, or dangerous condition in "your product" or "your work"; or b. A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. 8. Insured Versus Insured Any "claim" made by or on behalf of an insured against any other insured. However, this exclusion does not apply to "claims" against you by any insured seeking coverage or indemnification pursuant to a written contract or agreement for a "claim" otherwise covered for "bodily injury", "property damage", or "cleanup costs". 9. Intentional Acts "Loss" arising out of intentional, willful, or deliberate: a. Injury to persons or property; or b. Failure to comply with any permit, administrative complaint, notice of violation, notice letter, executive order, or instruction of any governmental or public agency or body. However, this exclusion does not apply to: (1) An insured who did not commit, participate in, or have knowledge of any of the acts described above; (2) Any failure to comply based upon your good faith reliance on written advice of qualified outside counsel received in advance of such non-compliance; or (3) Any failure to comply based upon your reasonable efforts to mitigate a "pollution condition" that necessitates immediate action, provided such "emergency response costs" are reported to us in writing within 96 hours of discovery of such "pollution incident". MEEI 0007 01 22 Page 6 of 21 10. Known Circumstances Or Conditions "Loss" caused by, arising out of, or in any way involving a "pollution condition" at a "covered location" or resulting from "your work", including any subsequent continuation or resumption of or changes in such "pollution condition", that existed prior to the Policy Period and was known to any "responsible insured" at any time before the beginning of the Policy Period. However, this exclusion does not apply to Insuring Agreement 4. Sudden And Accidental Discharge, Release, Or Escape Of Pollutants Liability under Section I — Coverages, A. Insuring Agreements if the known "pollution condition" is shown in a Schedule Of Known Pollution Conditions attached to this Coverage Form. 11. Nuclear Energy Liability "Loss": With respect to which an insured under this Policy is also an insured under a nuclear energy liability policy issued by the Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada, or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of insurance; b. Resulting from the "hazardous properties" of "nuclear material" and with respect to which: (1) Any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof; or (2) The insured is, or had this Policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization; or c. Resulting from the "hazardous properties" of "nuclear material", if: (1) The "nuclear material": (a) Is at any "nuclear facility" owned by, or operated by or on behalf of an insured; or (b) Has been discharged or dispersed therefrom; (2) The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, processed, stored, transported, or disposed of by or on behalf of an insured; or (3) The "loss" arises out of the furnishing by an insured of services, materials, parts, or equipment in connection with the planning, construction, maintenance, operation, or use of any "nuclear facility", but if such facility is located within the United States of America, its territories or possessions, or Canada, this exclusion (3) applies only to "property damage" to such "nuclear facility" and any property thereat. As used in this exclusion: "Hazardous properties" includes radioactive, toxic, or explosive properties. "Nuclear material" means "source material", "special nuclear material", or "by-product material". "Source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. "Spent fuel" means any fuel element or fuel component, solid, or liquid, which has been used or exposed to radiation in a "nuclear reactor". "Waste" means any waste material: a. Containing "by-product material" other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material" content; and b. Resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facility". "Nuclear facility" means: a. Any "nuclear reactor"; b. Any equipment or device designed or used for: MEET 0007 01 22 Page 7 of 21 (1) Separating the isotopes of uranium or plutonium; (2) Processing or utilizing "spent fuel"; or (3) Handing, processing, or packaging "waste"; c. Any equipment or device used for the processing, fabricating, or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; d. Any structure, basin, excavation, premises, or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the foregoing is located, all operations conducted on such site, and all premises used for such operations. "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. "Property damage" includes all forms of radioactive contamination of property. 12. Other Enterprises "Loss" arising out of any business enterprise owned, operated, or managed by the insured or its parent company or any affiliate. successor, or assignee of such company not named in the Declarations. 13. Professional Services "Loss" arising out of any alleged or actual act, error, or omission in the rendering of or failure to render "professional services" by you or any contractor or subcontractor working on your behalf. This exclusion applies even if the "claim" against any insured alleges negligence or other wrongdoing in the supervision, hiring, employment, training, or monitoring of others by that insured, if the "pollution condition" which caused the "loss" involved the rendering of or failure to render "professional services". However, this exclusion does not apply to a "claim": a. In which you committed an actual or alleged act, error, or omission relating to improper or inadequate supervision, direction, or control of any subcontractors for which you are legally liable when such contractors or subcontractors are performing operations on your behalf at a job site; or b. Alleging liability for construction means, methods, techniques, sequences, or procedures utilized as part of "your work". 14. Property Damage To Cargo "Property damage" to "transported cargo". 15. Property Damage To Conveyances "Property damage" to any "auto", railcar, train, watercraft, or aircraft operated by or on behalf of any insured resulting from a "pollution condition" caused by "transported cargo". However, this exclusion does not apply to any "claim" brought by any "carrier" for "property damage" arising out of the insured's negligence. 16. Vehicles "Loss" arising out of the ownership, maintenance, use, operation, or entrustment to others of any aircraft, "unmanned aircraft", "auto", or watercraft. Use includes "loading or unloading". However, this exclusion does not apply to: a. "Loading or unloading" within the boundaries of any "covered location" or a location where "your work" is performed; and b. Coverage provided under Insuring Agreements A.2. Transportation Pollution Liability, A.3. Non -Owned Disposal Site Liability, or A.4. Sudden And Accidental Discharge, Release, Or Escape Of Pollutants Liability, if shown as purchased in the Declarations. 17. War "Loss", however caused, arising, directly or indirectly, out of: MEEI 0007 01 22 Page 8 of 21 a. War, including undeclared or civil war; b. Warlike action by a military force, including action taken in the hindering or defending against an actual or expected attack, by any government, sovereign, or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. 18. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits, unemployment compensation law, or any similar law. 19. Your Product "Loss" arising out of "your product". However, this exclusion does not apply to any "loss' arising out of any waste generated for "your work" that is relinquished to others to recycle or beneficial reuse. B. With respect only to the Sudden And Accidental Discharge, Release, Or Escape of Pollutants Liability Insuring Agreement, this insurance does not apply to: 1. Asbestos "Loss" in any way involving asbestos, asbestos products, asbestos fibers, or asbestos dust. However, this exclusion does not apply to asbestos in groundwater or soil. 2. Capital Expenditures Any "capital expenditure" at a "covered location". However, this exclusion does not apply to any "capital expenditure" related to "emergency response costs" covered under Insuring Agreement A.4. Crisis Management And Emergency Response Costs, if shown as covered in the Declarations. 3. Lead Paint "Loss" in any way involving a "pollution condition" that results from the existence, required removal, voluntary removal, or abatement of paint containing lead. However, this exclusion does not apply to lead based paint in groundwater or soil. 4. Material Change In Use "Loss" in any way involving a change in the use or operations at a "covered location" that materially increases the likelihood or severity of a "pollution condition" or "claim" as compared with use or operations existing at this Policy's inception date as disclosed to us on the application and all supporting documentation. 5. Underground Storage Tanks "Loss" in any way involving any "underground storage tank" at a "covered location", whether operational, closed, or removed. 6. Wells "Loss" in any way involving the discharge, escape, migration, release or seepage of oil, gas, drilling fluid, or any other fluid, from any oil, gas, mineral or geothermal well. SECTION III - WHO IS AN INSURED Each of the following is an insured under all Insuring Agreements and Supplementary Payments: A. If you are designated in the Declarations as: 1. An individual, you, and your spouse or "domestic partner", but only with respect to the conduct of a business of which you are the sole owner. 2. A partnership or joint venture, your members, your partners, and their spouses or "domestic partners", but only with respect to the conduct of your business. 3. A limited liability company, your members but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. MEET 0007 01 22 Page 9 of 21 4. An organization other than a partnership, joint venture, or limited liability company. Your "executive officers" and directors, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. B. Any subsidiary company of yours, other than a partnership, joint venture, or limited liability company, and any company over which you have active control or majority ownership interest, or exercise management or financial control is a Named Insured with respect to the conduct of your business, provided: 1. You report all such entities to us within 90 days after you have acquired the organization; and 2. There is no other similar primary insurance available to that organization, unless such entity has been specifically endorsed onto this Policy. However: a. Coverage is afforded only until the 90th day after you acquire the subsidiary or the end of the Policy Period, whichever is earlier; and b. Coverage does not apply to "loss" that first commences before you acquired the subsidiary. C. Your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture, or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of "your work". D. In the event of your bankruptcy, your trustees, and in the event of your death or incapacity, your legal representatives, or executors, but only with respect to such trustee's, representative's, or executor's vicarious liability resulting from "your work". E. Any organization, other than a partnership, joint venture, or limited liability company, you newly form during the Policy Period and over which you maintain ownership or majority interest, will qualify as an insured, if: 1. You have contractually agreed to provide insurance for such organization; 2. There is no other similar primary insurance available to that organization, unless such entity has been specifically endorsed onto this Policy; and 3. You report to us within 90 days after such formation that you formed the organization. However: a. Coverage is afforded only until the 90th day after you form the organization or the end of the Policy Period, whichever is earlier; and b. Coverage does not apply to "loss" that first commences before you formed the organization. F. Any person or organization with whom you have agreed to provide additional insured status in a written contract or agreement, executed prior to the: 1. Commencement of "your work"; and 2. Date the "pollution condition" first commenced. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage", or "cleanup costs" resulting from a "pollution condition" caused in whole or in part by "your work". However, any insurance afforded to such insured: a. Only applies to the extent permitted by law; b. Will not be broader than that which you are required by the written contract or agreement to provide for such insured; and c. Is limited to the lesser of the Limits Of Insurance shown in the Declarations or the amount required by the written contract or agreement. This Paragraph F. does not apply to any person or organization specifically named as an additional insured in an endorsement attached to this Policy. MEET 0007 01 22 Page 10 of 21 SECTION IV - LIMITS OF INSURANCE AND SELF -INSURED RETENTION OR DEDUCTIBLE A. Limits Of Insurance 1. The Limits Of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of insureds, "claims" made, or persons or organizations making "claims". 2. Subject to the Combined General Aggregate Limit shown in the Declarations, the Coverage Form Aggregate Limit shown in the Declarations is the most we will pay for all "loss" arising out of all "pollution conditions" under all Insuring Agreements. 3. Subject to the Coverage Form Aggregate Limit shown in the Declarations: The Each Contractor's Pollution Condition Limit shown in the Declarations is the most we will pay under Insuring Agreement A.1. Contractor's Pollution Liability for all "loss" arising out of any one "pollution condition". b. The Each Transportation Pollution Condition Limit shown in the Declarations is the most we will pay under Insuring Agreement A.2. Transportation Pollution Liability for all "loss" arising out of any one "transportation pollution condition". The Each Non -Owned Disposal Site Pollution Condition Limit shown in the Declarations is the most we will pay under Insuring Agreement A.3. Non -Owned Disposal Site Liability for all "loss" arising out of any one "pollution condition" at a "non -owned disposal site". d. The Each Sudden And Accidental Pollution Condition Limit shown in the Declarations is the most we will pay under Insuring Agreement A.4. Sudden And Accidental Discharge, Release, Or Escape Of Pollutants Liability for all "loss" arising out of any one "pollution condition". The Each Crisis Management And Emergency Response Limit shown in the Declarations is the most we will pay under Insuring Agreement A.5. Crisis Management And Emergency Response Costs for the sum of all "crisis management costs" and "emergency response costs" arising out of any one "pollution condition". The limits of insurance of this Policy apply separately to each Policy Period, unless the Policy Period is extended after issuance for an additional period. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the limits of insurance. B. Self -Insured Retention The following applies only if Self -Insured Retention is selected in the Declarations: 1. You agree to assume the Self -Insured Retention shown in the Declarations. Our obligation to pay "loss" under this insurance and the applicable Limit Of Insurance shown in the Declarations will apply in excess of the applicable Self -Insured Retention. 2. Regardless of whether or not there is any other insurance, whether or not collectible, applicable to a "claim" or "pollution condition" within the Self -Insured Retention, you must make actual payment of the full Self -Insured Retention before the Limits Of Insurance will apply. Compliance with this clause is a condition precedent for coverage under this insurance. We will make no payments of any type in the event you fail to comply with this clause. 3. You must not incur costs other than adjusting expenses without our written consent in the event of any "claim" or "pollution condition" which appears likely to exceed the Self -Insured Retention. 4. We have the right in all cases to assume control of the investigation, defense, and settlement of any "claim" or "pollution condition" to which this insurance applies. When we exercise this right, the following apply: a. You will remain responsible for the cost of all "loss" within the applicable Self -Insured Retention; b. At our request, you will advance to us any portion of the applicable Self -Insured Retention that we deem reasonable to pay for any "claim" or "pollution condition"; c. If you have paid to us all or part of the applicable Self -Insured Retention and the total amount of "loss" that we pay for that "claim" or "pollution condition" is less than the applicable Self -Insured Retention, then we will reimburse you the amount you paid in excess of the amount we pay; and d. We will have the sole and absolute right to settle the "claim" for any amount we deem reasonable, including any amount within the Self -Insured Retention. Although we agree to attempt to advise and consult with you MEEI 0007 01 22 Page 11 of 21 prior to making any settlement, we will have no obligation to obtain your consent or the consent of any other insured, to any settlement we make that requires payment from you of any amount within the Self -Insured Retention. You and any other insured hereby waive any claim or defense against us resulting from our entering into any such settlement without your approval. C. Deductible The following applies only if Deductible is selected in the Declarations: 1. Our obligation to pay "loss" under this insurance and the applicable Limit Of Insurance shown in the Declarations applies only to the amount of damages in excess of the Deductible shown in the Declarations. 2. The Deductible applies separately to each "pollution condition", and may be applied to supplementary payments, settlements, or indemnification. 3. The terms of h is insurance, including those with respect to: a. Our right and duty to defend the insured against any "claims" seeking those damages; and b. Your duties in the event of a "pollution condition"; apply irrespective of the application of the Deductible. 4. At our sole election and option, we may either: a. Pay any part or all of the Deductible to effect settlement of any "claim", and upon notification of the action taken, you must promptly reimburse us for that part of the Deductible that has been paid by us; or b. Simultaneously upon receipt of notice of any "claim" or at any time thereafter, call upon you to pay or deposit with us all or any part of the Deductible, to be held and applied by us as herein provided. 5. In the event fiat you do not promptly comply with Paragraph 4. above, any cost we incur in collection of the Deductible including, but not limited to, collection agency fees, attorneys' fees, and interest, will be added to and applied in adcition to the Deductible without limitation to such costs. 6. If the same, related, or continuous "pollution condition" results in coverage under more than one Insuring Agreement under this Policy, then only the highest Deductible shown in the Declarations of all Insuring Agreements applicable to the "pollution condition" will apply. D. Mediation If we jointly agree with the first Named Insured to utilize "mediation" as a means to resolve a "claim" made against you and such "claim" is resolved as a direct result of and during, or directly after, such "mediation" with the same mediator, the Deductible or Self -Insured Retention shown in the Declarations will be reduced by 50% subject to a maximum reduction of $25,000 of all "claims" resolved by "mediation". We will reimburse the first Named Insured for any such reimbursable Deductible payments made prior to the "mediation" as soon as practicable after the conclusion of such "mediation". E. Multiple Insureds, Claims, And Claimants The inclusion herein of more than one insured in any "claim" or the making of "claims" by more than one person or organization will not operate to increase the Limits Of Insurance shown in the Declarations. More than one "claim" arising out of a single "pollution condition" will be treated as a single "claim". SECTION V - CONDITIONS A. Assignment This insurance may not be assigned without our prior consent, which consent will not be unreasonably withheld or delayed. Assignment of interest under this insurance will not bind us until our consent has been endorsed hereon. B. Bankruptcy Bankruptcy or insolvency of the insured or the insured's estate will not relieve us of our obligations or increase our liability under this Policy. C. Duties In The Event Of A Pollution Condition Or Claim 1. You must see to it that we are notified as soon as practicable in writing of a "pollution condition". To the extent possible, notice must contain: MEEI 0007 01 22 Page 12 of 21 a. How, when, and where the "pollution condition" took place; b. The names and addresses of any claimants, injured persons, and witnesses; c. The nature and location of any injury or damage arising out of the "pollution condition"; d. The date and details of "your work" that may have caused the "pollution condition"; e. Copies of any contracts that have been entered into by any insured that are related to "your work" performed; and f. Details explaining how the insured first became aware of the "pollution condition". 2. If a "claim" is made against any insured: a. You must record and notify us as soon as practicable in writing the specifics of the "claim" and the date received; and b. You and any other involved insured must: (1) Send us copies as soon as practicable of any demands, notices, summons, or legal papers received in connection with the "claim"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement, or defense of the "claim"; (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply; and (5) Submit to examination under oath as often as reasonably required by us. 3. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, without our written consent. However, written consent is not required with respect to: a. "Crisis management costs" that have been reported in accordance with Insuring Agreement A.5. Crisis Management And Emergency Response Costs; or b. "Emergency response costs" that have been reported and approved by us or our appointed representative by use of the emergency response hotline. 4. Notice to your insurance agent or broker does not constitute notice to us for purposes of the receipt of notice. D. Independent Counsel In the event the insured is entitled by applicable law to select independent counsel to defend a "claim" or "suit" at our expense, the attorneys' fees and all other expenses we must pay to that counsel are limited to the rates we actually pay to counsel we retain in the ordinary course of business in the defense of similar claims or suits in the community where the "claim" arose or the "suit" is being defended. Additionally, we may exercise the right to require that such counsel have certain minimum qualifications with respect to their competence including at least 5 years of experience in defending "claims" or "suits" similar to the one pending against the insured and to require such counsel have errors and omissions insurance coverage with a limit at least equal to this Policy's applicable Each Insuring Agreement Limit. With respect to any such counsel, the insured agrees that counsel will: 1. Respond timely and regularly to our request for information regarding the "claim" or "suit"; and. 2. Provide regular status reports, budgets, case plans, and updates on significant developments. Furthermore, the insured may at any time, by the insured's written consent, freely and fully waive these rights to select independent counsel. E. Legal Action Against Us No person or organization has a right under this Policy to: 1. Join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or 2. Sue us on this Policy unless all of its terms have been fully complied with. MEEI 0007 01 22 Page 13 of 21 A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial; but we will not be liable for "losses" that are not payable under the terms of this Policy or that are in excess of the applicable Limit Of Insurance. An agreed settlement means a settlement and release of liability signed by the insured and the claimant or the claimant's legal representative. F. Other Insurance If other valid and collectible insurance is available to the insured for "loss" we cover under this Policy, our obligations are limited as follows: 1. Primary Insurance This insurance is primary except when Paragraph 2. below applies. If this insurance is primary: a. This insurance is not contributory with any other insurance available to any third party liability policy if required by a written contract, signed by both parties, and executed prior to the commencement of operations or "your work" b. Our obligations are not affected unless any of the other insurance is also primary. In that case, we will share with all such other insurance by the method described in Paragraph 3. below. 2. Excess Insurance This insurance is excess over: (1) Any other insurance, whether primary, excess, contingent, or on any other basis, if you are an insured on an insurance policy that applies to "your work" performed at a specific job site and that insurance policy applies to a specific job site; (2) Any other insurance, whether primary, excess, contingent, or on any other basis if you are an insured on an insurance policy that applies to "your work" performed at a specific job site and that insurance policy applies to a specific job site; (3) Any other valid and collectible insurance available to you covering liability for "losses" arising out of "your work", including that work for which you have been added as an additional insured by an endorsement, by definition in a contract or agreement, or by combination thereof; (4) Any other valid and collectible insurance available to any person or entity performing functions for others on your behalf as defined in "your work" in this Policy; (5) Any valid and collectible project -specific insurance policy, owner's protective insurance policy, owner - controlled insurance policy, contractor -controlled insurance policy, wrap-up policy, or similar insurance program under which an insured is covered; or (6) Any other valid and collectible insurance, whether primary, excess, contingent, or on any other basis, covering a: (a) "Transportation pollution condition", if Insuring Agreement A.2. Transportation Pollution Liability is shown as purchased in the Declarations; or (b) "Pollution condition" on a "non -owned disposal site", if Insuring Agreement A.3. Non -Owned Disposal Site Liability is shown as purchased in the Declarations. b. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the "loss", if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the damages in the absence of this insurance; and (2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining "loss", if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits Of Insurance shown in the Declarations of this Policy. MEEI 0007 01 22 Page 14 of 21 3. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the "loss" remains, whichever comes first. However, our contribution will not apply until our applicable Deductible or Self -Insured Retention is satisfied. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. G. Premium Audit 1. We will compute all premiums for this Policy in accordance with our rules, rates, rating plans, and minimum premium requirements. 2. Premium shown as Advance And Deposit Premium in the Declarations is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured shown in the Declarations. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the Policy Period is more than the greater of the earned premium or Minimum Retained Premium shown in the Declarations, we will return the excess to the first Named Insured. 3. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. H. Representations By accepting this Policy, you agree: 1. The statements in the applications, other materials submitted to us, and Declarations are accurate and complete; 2. Those statements are based upon representations you made to us; and 3. We have issued this Policy in reliance upon your representations. I. Separation Of Insureds Except with respect to the limits of insurance, and any rights or duties specifically assigned to the first Named Insured shown in the Declarations, this insurance applies: 1. As if each Named Insured were the only Named Insured; and 2. Separately to each insured against whom a "claim" is made. J. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this insurance, those rights are transferred to us. The insured must do nothing after "loss" to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. However, we will waive any right of recovery we may have against any person(s) or organization(s) to whom the insured agrees in a written contract signed by both parties prior to the "loss", to provide a waiver of transfer of rights of recovery with respect to "claims" that result from "your work" under such contract(s). This waiver will not apply for "losses" resulting from the sole negligence of such person(s) or organization(s). SECTION VI — EXTENDED REPORTING PERIOD With respect only to the Sudden And Accidental Discharge, Release, Or Escape of Pollutants Liability Insuring Agreement: A. We will provide one or more Extended Reporting Periods, as described below, if: 1. The coverage provided for Sudden And Accidental Discharge, Release, Or Escape Or Pollutants Liability is cancelled or not renewed; or 2. We renew or replace the coverage provided for Sudden And Accidental Discharge, Release, Or Escape Or Pollutants Liability with insurance that: a. Has a retroactive date later than the Retroactive Date shown in the Declarations; or MEEI 0007 01 22 Page 15 of 21 b. Does not apply to "claims" that result from a "pollution condition" on a claims -made basis. The quotation of a different premium, deductible, or limit of insurance for renewal does not constitute a cancellation or refusal to renew for the purpose of this provision. B. The Extended Reporting Periods do not extend the Policy Period or change the scope of coverage provided. They apply only to "clams" that result from "pollution conditions" that occur before the end of the Policy Period, but not before the Retroactive Date, if any, shown in the Declarations, provided the "claim" is first made against the insured during the Policy Period and reported to us during the Policy Period or the Extended Reporting Period. Once in effect, the Extended Reporting Period may not be cancelled. C. The Extended Reporting Periods will not reinstate or increase the Limits Of Insurance shown in the Declarations. D. A Basic Extended Reporting Period is automatically provided without additional charge. This period starts with the end of the Policy Period and lasts for 90 days. The Basic Extended Reporting Period does not apply to "claims" that are covered under any subsequent insurance you purchase, or that would be covered but for exhaustion of the amount of insurance applicable to such "claims". E. An Optional Extended Reporting Period is available, subject to Paragraph F. below, but only by an endorsement for an extra charge. This Optional Extended Reporting Period starts when the Basic Extended Reporting Period, set forth in Paragraph D. above, ends. You must give us a written request for the endorsement within 90 days after the end of the Policy Period. The Optional Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due. We will determine the additional premium in accordance with our rules and rates. In doing so we may take into account the following: 1. The exposures insured; 2. Previous types and amounts of insurance; 3. Limits of insurance available under this Policy for future payment of "loss"; and 4. Other related Factors. This endorsement will set forth the terms, not inconsistent with this section, applicable to the Optional Extended Reporting Period, including a provision to the effect that the insurance afforded for "claims" first received during such period is excess over any other valid and collectible insurance available under policies in force after the Optional Extended Reporting Period starts. F. We do not have to provide an Optional Extended Reporting Period if: 1. There is any failure to pay any outstanding premiums when due; 2. You fail to repay any Self -Insured Retention or Deductible amount we have paid; 3. You have purchased any other insurance to replace the insurance provided under this endorsement; or 4. The application for this Policy, including any addenda thereto, contains any material misrepresentation of fact. SECTION VII - DEFINITIONS A. "Auto" means a land motor vehicle, trailer, or semitrailer designed for travel on public roads, including any attached machinery or equipment. B. "Bodily injury" means physical injury, sickness, disease, mental anguish, or emotional distress, sustained by any person, including medical monitoring or death resulting from any of these at any time. C. "Cargo" means waste, products, or materials carried or delivered by a "covered conveyance". D. "Carrier" means a person or an entity, other than any insured or any subsidiary or affiliate company of any insured, engaged by the insured to transport material by aircraft, "auto", or watercraft, but only if such person or entity is properly licensed to transport such material and in the business of transporting such material. E. "Claim" means the insured's or our receipt of: 1. A written demand for reimbursement of "loss"; or 2. The service of "suit" or institution of arbitration proceedings against the insured. MEEI 0007 01 22 Page 16 of 21 F. "Cleanup costs" means reasonable and necessary expenses incurred in the investigation, evaluation, monitoring, testing, removal, containment, treatment, disposal, remediation, detoxification, or neutralization of "pollutants", or any reasonable and necessary expense incurred in response to any "pollutants": 1. To the extent required by federal, state, local, or provincial laws, including but not limited to statutes, rules, ordinances, guidance documents, regulations, and all amendments thereto, including state voluntary clean up or risk -based corrective action guidance, governing the liability or responsibilities of the insured; or 2. Which have been actually incurred by the government or any political subdivision of the United States of America or any state thereof, or by third parties. "Cleanup costs" includes "restoration costs". G. "Completed operations" means "your work" that has been completed. "Completed operations" does not include "your work" that has been abandoned or has not yet been completed. "Your work" will be deemed completed at the earliest of the following times: 1. When all work to be performed under the contract has been completed; 2. When all of the work to be done at the site has been completed if the contract calls for work at more than one site; or 3. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. "Your work" that may require further service, maintenance, correction, repair, or replacement, but is otherwise complete, will be deemed completed. H. "Coverage territory" means: 1. The United States of America and its territories and possessions; and 2. International waters or airspace, but only if the "loss" occurs in the course of travel or transportation between any places included in Paragraph 1. above. "Coverage territory" does not include military bases or installations not located in Paragraph 1. above. I. "Covered conveyance" means any conveyance operated by or on behalf of an insured used for transporting property. J. "Covered location" means any real property owned, leased, or operated for use as an office, warehouse, or for equipment storage by you at the time of the "loss" and as of the first date of the Policy Period shown on the Declarations. K. "Crisis management consultant" means a professional firm or consultant that provides crisis management services and has been approved in writing by us, the approval for which will not be unreasonable withheld. L. "Crisis management costs" means those reasonable and necessary fees and expenses: 1. Incurred by you within 90 days after the "crisis management event" is discovered by you and is thereafter approved by us in writing; and 2. For services provided to you by a "crisis management consultant" for the sole purpose of assisting you with: a. Managing the media in direct response to a "crisis management event" to which this insurance applies; or b. Minimizing the economic harm to you caused by a "crisis management event" to which this insurance applies by consulting with you with respect to maintaining and restoring your company's public image or reputation. You must take reasonable steps to minimize "crisis management costs". M. "Crisis management event" means the public announcement by a third party that a "pollution condition" for which you are legally responsible has caused: 1. "Bodily injury" involving third parties; or 2. "Property damage", but only to the extent resulting in actual physical damage to real property owned by third parties; provided that one of your "executive officers" has proffered, in our sole discretion, a good faith opinion that the public announcement or accusation has caused or is reasonably likely to cause economic harm to, or a material adverse effect on, your company's image or goodwill. MEET 0007 01 22 Page 17 of 21 N. "Domestic partner means any natural person qualifying as a domestic partner under the provisions of any applicable federal, state, or local law. O. "Emergency response costs" means reasonable and necessary costs incurred to mitigate a "pollution condition" constituting an emergency situation under applicable law whereby in the absence of such mitigation: 1. "Bodily injury' or "property damage" to third parties is imminent; or 2. "Cleanup costs" pursuant to environmental law are incurred. P. "Employee" includes temporary and leased staff working on your behalf and under your direct supervision, but only with respect to "your work". Q. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws, or any other similar governing document. R. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: 1. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate, or dangerous; or 2. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment, or removal of "your product" or "your work", or your fulfilling the terms of the contract or agreement. S. "Insured contract' means: 1. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; or 2. 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", "property damage", or "cleanup costs" to a third person or organization, provided the "bodily injury", "property damage", or "cleanup costs" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph 2. does not include that part of any contract or agreement: That indemnifies an architect, engineer, or surveyor for injury or damage arising out of: (1) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; or (2) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or b. 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 a. above and supervisory, inspection, architectural, or engineering activities. T. "Loading or unloading" means the handling of property: 1. After it is moved from the place where it is accepted for movement into or onto a vehicle; 2. While it is in or on a vehicle; or 3. While it is being moved from a vehicle to the place where it is finally delivered. U. "Loss" means: 1. The insured's legal liability for a monetary judgment, award, or settlement, including punitive damages and exemplary damages where insurable by applicable law, for "bodily injury" or "property damage", 2. "Cleanup cost" with respect to Insuring Agreements A.1. through A.4.; or 3. "Crisis management costs" or "emergency response costs" with respect to Insuring Agreement A.5.; as applicable when shown as purchased in the Declarations. MEET 0007 01 22 Page 18 of 21 V. "Mediation" means non -binding dispute resolution conducted by a neutral third party to effect settlement of a "claim". W. "Mold" means any permanent or transient fungus, mold, mildew, or mycotoxin or any of the spores, scents, or by- products produced or released by fungus. X. "Natural resource damages" means physical injury to or destruction of, as well as the assessment of such injury or destruction, including the resulting loss of value of land, fish, wildlife, biota, air, water, groundwater, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States of America, any state or local government, any Native American tribe, or, if such resources are subject to a trust restriction on alienation, any member of a Native American tribe. Y. "Non -owned disposal site" means a location you use for the treatment, storage, or disposal of waste or material, provided the "non -owned disposal site": 1. Is not managed, operated, owned, or leased by any insured or any subsidiary or affiliate of any insured; 2. Is permitted or licensed by the applicable federal, state, local, or provincial authorities to accept such waste or material as of the date the waste or material is treated, stored, or disposed of at the "non -owned disposal site"; and 3. Is not listed on a proposed or final Federal National Priorities List or any state or provincial equivalent National Priority List, Superfund, or Hazardous Waste List prior to the treatment, storage, or disposal of the waste or material at the "non -owned disposal site". Z. "Pollutants" means any solid, liquid, gaseous, thermal, biological, or low-level radioactive substance, material or matter, irritant, or contaminant including smoke, vapor, soot, silt, sedimentation, fumes, acids, alkalis, chemicals, and waste. With respect to Insuring Agreements A.1. Contractor's Pollution Liability and A.5 Crisis Management And Emergency Response Costs only, if shown as purchased in the Declarations, "pollutants" includes "mold" and legionella pneumophila. AA. "Pollution condition" means: 1. The discharge, dispersal, seepage, migration, growth, release, or escape of "pollutants"; or 2. The illicit abandonment of "pollutants" by a third party without your consent at a job site or a "covered location". With respect to Insuring Agreements A.2. Transportation Pollution Liability and A.5. Crisis Management And Emergency Response Costs only, if shown as purchased in the Declarations, "pollution condition" includes "transportation pollution condition". BB."Professional services" means those functions performed for others by you or on your behalf that are related to your practice as a consultant, engineer, architect, surveyor, laboratory, project manager, or construction manager including, but not limited to, engineering services or the preparation or approval of maps, drawings, opinions, reports, surveys, designs, or specifications. CC."Property damage" means: 1. Physical injury to tangible property, including all resulting loss of use or diminution in value of that property. All such loss of use or diminution in value will be deemed to occur at the time of the physical injury that caused it; 2. Loss of use or diminution in value of tangible property that is not physically injured. All such loss of use or diminution in value will be deemed to occur at the time of the "claim"; or 3. "Natural resource damages". DD."Responsible insured" means: 1. You, your "executive officer", director, partner, member, or manager; 2. Any insured who has responsibility, in whole or in part, for risk control, risk management, health and safety, or environmental affairs control or compliance; or 3. Any insured who signed or who has responsibility, in whole or in part, for completing the application on which we relied in issuing this Policy. MEET 0007 01 22 Page 19 of 21 EE. "Restoration costs" means reasonable and necessary costs incurred by the insured with our consent, which will not be unreasonably withheld or delayed, to restore, repair, or replace real or personal property to substantially the same condition it was in prior to being damaged during work performed in the course of incurring "cleanup costs". However, such "restoration costs": 1. Will not exceed the actual cash value of such property immediately prior to incurring "cleanup costs"; or 2. Will not include costs associated with improvements or betterments, ordinance, or law, except to the extent: a. Such improvements or betterments of the damaged property entail the use of materials which are environmentally preferable to those materials which comprised the damaged property; and b. Such environmentally preferable material must be certified as such by an applicable independent certifying body, where such certification is available, or, in the absence of such certification, based on our judgment in our sole discretion. FF. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage", or "cleanup costs" to which this insurance applies are alleged. "Suit" includes: 1. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or 2. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. GG."Temporary storage" means storage of materials in a locked and secure storage container with clearly posted warning signs for a period of up to 30 days at a premise you own or rent. "Temporary storage" does not include storage of materials at any ske at which you are performing "your work". HH. "Transportation pollution condition" means the emission, discharge, dispersal, release, or escape of "pollutants" from a "covered conveyance" which occurs beyond the boundaries of a "covered location" or a jobsite. II. "Transported cargo" means the insured's "cargo" after it is moved from the place where it is accepted by or on behalf of an insured for movement into or onto a "covered conveyance", until the "cargo" is moved from the "covered conveyance" to the place where it is finally delivered on behalf of the insured. "Transported cargo" also includes the insured's "cargo" during "loading or unloading" to or from a "covered conveyance". JJ. "Unmanned aircraft" means an aircraft that is not designed, manufactured, or modified after manufacture to be controlled directly by a person from within or on the aircraft. KK."Your product": 1. Means: a. Any goods or products, other than real property, manufactured, sold, handled, distributed, or disposed of by: (1) You; (2) Others trading under your name; or (3) A person or organization whose business or assets you have acquired; and b. Containers (other than vehicles), materials, parts, or equipment furnished in connection with such goods or products. 2. Includes: a. Warranties or representations made at any time with respect to the fitness, quality, durability, performance, or use of "your product"; and b. The providing of or failure to provide warnings or instructions. 3. Does not include vending machines or other property rented to or located for the use of others but not sold. LL. "Your work": MEEI 0007 01 22 Page 20 of 21 1. Means: a. Contracting work or contracting operations as disclosed in the application or which are specifically endorsed to this Policy performed by you or on your behalf for others at a location that you do not own, control, rent, or occupy other than for the purpose of performing "your work"; and b. Materials, parts, or equipment furnished in connection with such work or operations. 2. Includes: a. Warranties or representations made at any time with respect to the fitness, quality, durability, performance, or use of "your work"; b. The providing of or failure to provide warnings or instructions; c. The "completed operations" of "your work"; and d. With respect to Insuring Agreement A.1. Contractor's Pollution Liability, the "temporary storage" of asbestos, or any material or substance containing asbestos, asbestos fibers, or asbestiform talc that was removed in the course of "your work". MEEI 0007 01 22 Page 21 of 21 �I MARKEL INTERLINE POLICY NUMBER: CPLMOL117577 EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION AS REQUIRED BY CONTRACT - ADDITIONAL INSUREDS All Coverage Forms included in this policy are subject to the following. SCHEDULE Number of days: 30 The following is added to the Cancellation condition: We will provide written Notice of Cancellation to an additional insured stating when, not less than the number of days shown in the Schedule above, cancellation will become effective. This condition only applies if: 1. Cancellation is for reasons other than: a. Nonpayment of premium; or b. Non-payment of any deductible reimbursement; 2. You are required by written contract to provide the additional insured with such notice; and 3. You agree to provide us with a list of the applicable additional insureds, including their complete mailing addresses, within 7 days of our request. If notice is mailed, proof of mailing is sufficient proof of such notice. All other terms and conditions remain unchanged. MEIL 1233 11 13 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION AS REQUIRED BY WRITTEN CONTRACT WITHIN STATES COVERED UNDER THIS POLICY This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 03-13-23 Policy No. WC117504 Endorsement No. 001 Insured TOP NOTCH PLUMBING LLC Premium $ Incl . Insurance Company SiriusPoint America Insurance Company Countersigned By WC 00 03 13 (Ed. 4-84) © 1983 National Council on Compensation Insurance. ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 03/07/2024 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 po icy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Weedin Insurance Agency, Inc CONTACT Wendy Martinez NAME: PHONE (970) 667-2145 I FAX (970) 669-9295 (A/C, No, Ext): (AIC, No): 1601 E Eisenhower Blvd E-MDRAILESS: Wendy@weedinagency.com AD INSURER(S) AFFORDING COVERAGE NAIL # Loveland CO 80537 INSURERA: Berkley AssuanceCompany 39462 INSURED INSURER B : Owners Insurance Company 32700 Top Notch Plumbing LLC INSURER c : Pie Insurance Services 21857 dba Top Notch Plumbing, Heating & Air INSURER D : Evanston Insurance Company 35378 3005 W 29th St Unit D INSURER E : Greeley CO 80631 INSURER F : AGE CERTIFICATE NUMBER: 24 25 Master V2 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. TT TYPE OF INSURANCE UBR IANSDL SWVD POLICY NUMBER (MM DDYEFF IYYYY) (MM/DD/EXP YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY IDAMAGE CLAIMS -MADE © OCCUR Y Y VUMA0340180 02/08/2024 02/08/2025 EACH OCCURRENCE $ 1 ,000,000 TO RENTED 7699009029969660 300,000 $ MED EXP (Any one person) $ 10,000 PERSONAL aAOVwJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY Ei JECOT LOC OTHER: PRODUCTS - COMP/OP AGG $ 2,000,000 Per Project Aggregate $ 5,000,000 B AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY X HIRED AUTOS ONLY X 19 X SCHEDULED /� AUTOS X NON -OWNED AUTOS ONLY 7 Y 5437399600 03/13/2024 03/13/2025 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ 7667661376U696 (Per accident) Uninsured Motorist BI $ 1,000,000 A X UMBRELLA LIAR EXCESS LIAR X OCCUR CLAIMS mA, Y Y VUMA0340200 02/08/2024 02/08/2025 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 $ DED I I RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE M in N ) F�(CLUDED? (Mandatory in NH) (Mandatory If yes, describe under DESCRIPTION OF OPERATIONS below NIA Y WC11750499 03/13/2024 03/13/2025 XI S ATUTE I I &H- E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1"". E.L. DISEASE - POLICY LIMIT 1,000,000 $ D Contractor's Pollution Liability Y CPLMOL117577 06/05/2023 06/05/2024 Each Condition Limit Coverage Aggregate Deductible $1,000,000 $1,000,000 $10,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Underwriters at Lloyd's of London Professional Liability Policy#ANE5427755.24 Term: 3/22/24-3/22/25 Limits: $1M Each Claim $2M Aggregate Project:Weld County Southeast Service Center Basement Hot Water Heat -Boiler Replacement. When required by written contract, Weld County Facilities is Additional Insured for Ongoing and Completed Operations. Coverage is Primary and Non-contributory. A Waiver of Subrogation applies as per the policy forms and conditios. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Weld County Facilities ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Jeremy Duran AUTHORIZED REPRESENTATIVE 1105 H Street Greeley CO 80631 1 ACORD 25 (2016/03) ©1968-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORD EVIDENCE OF PROPERTY INSURANCE I DATE(MMIDD/YYYY 03/12/2024 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. AGENCY I (AIPHONE , EMI: (970) 667-2145 C, No COMPANY Weedin Insurance Agency, Inc 1601E Eisenhower Blvd American Zurich Insurance Company PO BOX 10197 Loveland CO 80537 (AC Nol: (970) 669-9295 I ADjRess: wendy@weedinagency.com JACKSONVILLE FL 32247-0197 CODE: ( SUB CODE: AGENCY 00008230 CUSTOMER ID #: INSURED LOAN NUMBER POLICY NUMBER Top Notch Plumbing, LLC. ER78605360 DBA: Top Notch Plumbing, Heating & Air EFFECTIVE DATE EXPIRATION DATE CONTINUED UNTIL 3005 W 29th St Unit D 03/25/2024 03/25/2025 n TERMINATED IF CHECKED Greeley CO 80631 THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATIO NID ESCRIPTION 2950 9th Street Fort Lupton CO 80621 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE 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. COVERAGE INFORMATION PERILS INSURED BASIC BROAD I XI SPECIAL COVERAGE I PERILS I FORMS AMOUNT OF INSURANCE DEDUCTIBLE Builders Risk Coverage Form (Installation) Total Completed Project Value $34,000 $1,000 REMARKS (Including Special Conditions) RE: WELD COUNTY SOUTHEAST SERVICE CENTER BASEMENT HOT WATER HEATBOILER REPLACEMENT When required by written contract, Weld County Facilities is Additional Insured for Ongoing and Completed Operations. Coverage is Primary and Non-contributory. A Waiverof Subrogation applies aS per the policy forms and conditions. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST NAME AND ADDRESS X ADDITIONAL INSURED _ LENDER'S LOSS PAYABLE n LOSS PAYEE MORTGAGEE Weld County Facilities LOAN # Attn: Jeremy Duran AUTHORIZED REPRESENTATIVE 1105 H Street Greele CO 80631 Greeley �.+ TL..11*._ �iA• ACORD 27 (2016103) © 1993-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Agency Code 32-0017-00 Policy Number 54-373-996-00 58504 (1-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE - BLANKET COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL AUTO POLICY SECTION II - COVERED AUTOS LIABILITY COVER- AGE is amended. The following provision is added. Any person or organization is an insured for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an insured under SECTION II - COVERED AUTOS LIABILITY COVER- AGE, A. COVERAGE, 1. Who Is An Insured. All other policy terms and conditions apply. 58504 (1-15) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 58583 (1-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER PAYMENTS (WAIVER OF SUBROGATION) - BLANKET This endorsement modifies insurance provided under the following: COMMERCIAL AUTO POLICY SECTION V CONDITIONS, A. LOSS CONDITIONS is amended. 5. Our Right to Recover Payments is de- leted and replaced by the following condition. 5. Our Right to Recover Payments If we make a payment under this policy and the per- son to or for whom payment is made has a right to recover damages from another, we will be entitled to that right. That person shall do everything neces- sary to transfer that right to us and do nothing to prejudice it. However, we waive our right to recover payments made for bodily injury or property damage: a. Covered by the policy; and b. Arising out of the operation of autos covered by the policy, in accordance with the terms and conditions of a written contract between you and such person or entity only if such rights have been waived by the written con- tract prior to the accident or loss which caused the bodily injury or property damage. All other policy terms and conditions apply. 58583 (1-15) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 Agency Code 32-0017-00 Policy Number 54-373-996-00 58524 (1-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF DEFINITIONS This endorsement modifies insurance provided under the following: COMMERCIAL AUTO POLICY SECTION VI - DEFINITIONS is amended. 1. B. is deleted and replaced by the following definition. B. Auto means: 1. A land motor vehicle; 2. A trailer; or 3. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, auto does not include mobile equip- ment As it applies to this endorsement only, mobile equipment does not include a snowmobile. 2. U. is deleted and replaced by the following definition. U. Trailer means a vehicle which is designed to be connected to and towed by a power unit. Trailer does not include non -motorized farm machinery or farm wagons. A trailer is not equipment or custom furnishings. All other policy terms and conditions apply. 58524 (1-15) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 58540 (12-19) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - BLANKET COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL AUTO POLICY SECTION V - CONDITIONS, B. GENERAL CONDI- TIONS, 2. Other Insurance is amended. The following provision is added as it applies to this endorsement only. When this insurance is primary and there is other in- surance for any person or organization, other than a Named Insured, which covers liability for your oper- ations, contribution from such other insurance shall not be sought by us when: (1) There is a written agreement between you and such person or organization that this insurance shall be primary and without the right of contribution; and (2) Such written agreement was in force prior to any bodily injury or property damage. All other policy terms and conditions apply. 58540 (12-19) Includes copyrighted material of Insurance Services Office Inc., with its permission. Page 1 of 1 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations As required by written contract executed and signed by all parties prior to the date of loss but only to the extent permitted by law. The insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. As designated in written contract with the Named Insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, 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 location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. 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. CG20101219 © Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III — Limits Of Insurance: whichever is less. This endorsement shall not increase the applicable limits of insurance. If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations As required by written contract executed prior to the date of occurrence but only to the extent permitted by law and the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. As designated in written contract with the Named Insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG20371219 © Insurance Services Office, Inc., 2018 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization to whom or to which you are obligated by virtue of a written contract to waive your right of recovery. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG24041219 © Insurance Services Office, Inc., 2018 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY WORDING This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE With respect to coverage provided to an additional insured via attachment of an Additional Insured endorsement to this policy, such coverage is primary insurance and we will not seek contribution from any other insurance available to that additional insured. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED VCAS2035 11 10 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT WITH A CAP This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE SCHEDULE Designated Construction Projects: Construction project sites at which you perform work for additional insureds that require you to obtain per project general aggregate limits under a written contract that was executed prior to the date of any "occurrence" covered under this policy. Maximum Aggregate Limit: $5,000,000 A. For al sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY and for all medical expenses caused by accidents under COVERAGE C — MEDICAL PAYMENTS, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Aseparate Designated Construction Project General Aggregate limit applies to each designated construction project, subject to an overall maximum aggregate limit as shown in the Schedule above, is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sium 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; or 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 Designated Construction Project Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expenses 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 Designated Construction Project General Aggregate Limit. VCAS2036 11 12 Page 1 of 2 B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A and for all medical expenses caused by accidents under COVERAGE C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 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 Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products -completed operations hazard" is provided, any 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 Designated Construction Project General Aggregate Limit. D. If the applicable designated 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 LIMITS OF INSURANCE SECTION III not otherwise modified by this endorsement shall continue to apply as stipulated. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED VCAS2036 11 12 Page 2 of 2 INTERLINE POLICY NUMBER: CPLMOL117577 MARKEL EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION AS REQUIRED BY CONTRACT - ADDITIONAL INSUREDS All Coverage Forms included in this policy are subject to the following. SCHEDULE Number of days: 30 The following is added to the Cancellation condition: We will provide written Notice of Cancellation to an additional insured stating when, not less than the number of days shown in the Schedule above, cancellation will become effective. This condition only applies if: 1. Cancellation is for reasons other than: a. Nonpayment of premium; or b. Non-payment of any deductible reimbursement; 2. You are required by written contract to provide the additional insured with such notice; and 3. You agree to provide us with a list of the applicable additional insureds, including their complete mailing addresses, within 7 days of our request. If notice is mailed, proof of mailing is sufficient proof of such notice. All other terms and conditions remain unchanged. MEIL 1233 11 13 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. rl MARKEL ENVIRONMENTAL EVANSTON INSURANCE COMPANY CONTRACTOR'S POLLUTION LIABILITY COVERAGE FORM INSURING AGREEMENT A.4. PROVIDES CLAIMS -MADE AND REPORTED COVERAGE FOR SUDDEN AND ACCIDENTAL DISCHARGE, RELEASE, OR ESCAPE OF POLLUTANTS AND REQUIRES THAT A CLAIM UNDER SUCH COVERAGE BE FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD AND REPORTED TO US IN WRITING DURING THE POLICY PERIOD OR ANY APPLICABLE EXTENDED REPORTING PERIOD WE PROVIDE UNDER SECTION VI - EXTENDED REPORTING PERIODS. VARIOUS PROVISIONS IN THIS POLICY MAY RESTRICT OR EXCLUDE COVERAGE. PLEASE READ THE ENTIRE POLICY CAREFULLY TO DETERMINE THE INSURED'S RIGHTS AND DUTIES AND WHAT IS AND IS NOT COVERED. Throughout this Policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this Policy. The word "insured" means any person or organization qualifying as such under Section III — Who Is An Insured. The words "we", "us" and "our" refer to the company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section VII — Definitions. SECTION I - COVERAGES A. Insuring Agreements The following Insuring Agreements apply only if that Insuring Agreement is shown as purchased by an "X" in the Declarations, and the "pollution condition" that causes a "loss" takes place in the "coverage territory". The amount we will pay is limited as described in Section IV — Limits Of Insurance And Self -Insured Retention Or Deductible. 1. Contractor's Pollution Liability We will pay on behalf of the insured those sums in excess of the Self -Insured Retention or Deductible shown in the Declarations that the insured becomes legally obligated to pay for "loss" resulting from a "claim" for "bodily injury", "property damage", or "cleanup costs" caused by a "pollution condition" to which this insurance applies, provided: a. The "pollution condition" arises out of "your work"; and b. The "bodily injury" or "property damage" occurs, or the "cleanup costs" are incurred, during the Policy Period. With respect only to "bodily injury", "property damage", or "cleanup costs" caused by legionella pneumophila, there must be a direct relation to a documented case of a legionella pneumophila outbreak for coverage to apply. 2. Transportation Pollution Liability We will pay on behalf of the insured those sums in excess of the Self -Insured Retention or Deductible shown in the Declarations that the insured becomes legally obligated to pay for "loss" resulting from a "claim" for "bodily injury", "property damage", or "cleanup costs" resulting from a "transportation pollution condition" to which this insurance applies, provided: a. The "transportation pollution condition" arises out of "transported cargo" that is transported, delivered, or shipped by you in a "covered conveyance", or by a "carrier" on your behalf; and b. The "bodily injury" or "property damage" occurs, or the "cleanup costs" are incurred, during the Policy Period. This coverage shall not be utilized to evidence financial responsibility of any insured under any applicable federal, state, provincial, or local law. MEET 0007 01 22 Page 2 of 21 3. Non -Owned Disposal Site Liability We will pay on behalf of the insured those sums in excess of the Self -Insured Retention or Deductible shown in the Declarations that the insured becomes legally obligated to pay for "loss" resulting from a "claim" for "bodily injury", "property damage", or "cleanup costs" resulting from a "pollution condition" at, on or under, or migrating from a covered "non -owned disposal site", provided: a. The "pollution condition" originates at a "non -owned disposal site"; b. The "pollution condition" arises from waste or material generated by "your work"; and c. The "bodily injury" or "property damage" occurs, or the "cleanup costs" are incurred, during the Policy Period. 4. Sudden And Accidental Discharge, Release, Or Escape Of Pollutants Liability We will pay those sums that the insured becomes legally obligated to pay for "loss" resulting from a "claim" for "bodily injury", "property damage", or "cleanup costs" resulting from a sudden and accidental "pollution condition" originating at, on or under, or migrating from, a "covered location", provided: The sudden and accidental "pollution condition" is the result of an unforeseen, unplanned, or unexpected event or circumstance; b. The sudden and accidental "pollution condition" commences during the Policy Period; c. The sudden and accidental "pollution condition" is first discovered by any insured no later than 7 days after it commences, unless a different period is shown in the Schedule Of Covered Locations; d. The insumd reports the commencement of the sudden and accidental "pollution condition" to us in writing no later than 21 days following its discovery by any insured, unless a different period is shown in the Schedule Of Covered Locations; and The "claim" is first made during the Policy Period or the Extended Reporting Period, as provided under Section VI — Extended Reporting Periods. 5. Crisis Management And Emergency Response Costs We will indemnify you for: "Crisis management costs" you incur as a direct result of a "crisis management event", provided that the "crisis management event": (1) Arises directly from a "pollution condition" that has resulted or is reasonably likely to result in a "loss" covered under this Policy; (2) Commences during the Policy Period; and (3) First becomes known to a "responsible insured" during the Policy Period and is reported to us in writing as soon as practicable, but in any event during the Policy Period or within 30 days after the end of the Policy Period. We will pay those "crisis management costs" you incur even if coverage hereunder is still to be confirmed by us, but we will stop paying such "crisis management costs" as soon as it becomes evident, to either you or us, that this insurance does not apply. "Crisis management costs" are not subject to the Self -Insured Retention or Deductible; and b. "Emergency response costs" you incur in excess of the Self -Insured Retention or Deductible shown in the Declarations as a direct result of the "pollution condition" that has resulted in a "loss" covered under this Policy. B. Claims And Defense 1. With respect only to Insuring Agreements 1. through 4. above, coverage applies only if, prior to the Policy Period, no "responsible insured" knew that the "bodily injury", "property damage", or "cleanup costs" had occurred, in whole or in part. If any "responsible insured" knew, prior to the Policy Period, that the "bodily injury", "property damage", or "cleanup costs" occurred, then any continuation, change, or resumption of such "bodily injury", "property damage", or "cleanup costs" during or after the Policy Period will be deemed to have been known prior to the Policy Period. MEET 0007 01 22 Page 3 of 21 "Bodily injury", "property damage", or "cleanup costs" which occur during the Policy Period and were not, prior to the Policy Period, known by any "responsible insured" to have occurred, includes any continuation, change, or resumption of the "bodily injury", "property damage", or "cleanup costs" after the end of the Policy Period. "Bodily injury", "property damage", or "cleanup costs" will be deemed to have been known to have occurred at the earliest time when any "responsible insured": a. Reports all or any part of the "bodily injury", "property damage", or "cleanup costs" to us or any other insurer; b. Receives a written or verbal demand or "claim" for damages because of the "bodily injury", "property damage", or "cleanup costs"; or c. Becomes aware by any other means that the "bodily injury", "property damage", or "cleanup costs" have occurred or have begun to occur. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services, or death resulting at any time from the "bodily injury". 2. We: a. Will have the right to investigate any "claim" to which this insurance applies; b. Will have the right and duty to defend the insured against any "suit" seeking damages to which this insurance applies; and c. May, at our discretion, investigate any "pollution condition" and settle any "claim" that may result. However: (1) We will have no duty to defend the insured against any "suit" seeking damages to which this insurance does not apply; (2) The amount we will pay for "loss" is limited as described in Section IV — Limits Of Insurance And Self - Insured Retention Or Deductible; and (3) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments, settlements, or supplementary payments. 3. All "claims" for damages arising out of the same, related, or continuous "pollution condition" will be considered a single "claim" and will be deemed to have been first made and reported or incurred at the time of the first "claim" is made against any insured. Any "claim" for damages to the same person, including damages claimed by any person or organization for care, loss of services or death resulting at any time, will be deemed to have been made at the time the first of those "claims" is made against any insured. C. Supplementary Payments 1. Loss Of Earnings And Expense Reimbursement We will pay, with respect to any "claim" we investigate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the "claim", including actual loss of earnings up to $500 a day because of time off from work. c. All court costs taxed against the insured in the "suit". However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. d. Pre judgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any pre judgment interest based on that period of time after the offer. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the Limits Of Insurance shown in the Declarations. MEEI 0007 01 22 Page 4 of 21 2. Suit Against Indemnitee If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee only if all of the following conditions are met: The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of that indemnitee has also been assumed by the insured in the same "insured contract"; d. The allegations in the "suit" and the information we know about the "pollution condition" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement, or defense of the "suit"; (b) Immediately send us copies of any demands, notices, summonses, or legal papers received in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suit". As long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us, and necessary litigation expenses incurred by the indemnitee at our request will be paid as supplementary payments. We may, at our option, appoint one counsel to defend all of the insureds and indemnitees of the insureds who are or may be involved with respect to such "suit". Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as supplementary payments ends when we have used up the applicable Limit Of Insurance in the payment of judgments, settlements, or supplementary payments, or the conditions, or terms of the agreement set forth above, are no longer met. These payments will not reduce the Limits Of Insurance shown in the Declarations. SECTION II - EXCLUSIONS A. With respect to all Insuring Agreements and Supplementary Payments, this insurance does not apply to: 1. Contractual Liability "Loss" the insured is legally obligated to pay as damages as a result of the assumption of liability in a contract or agreement. However, this exclusion does not apply to liability for damages: a. That the insured would have in the absence of the contract or agreement; or b. Assumed in a contract or agreement that is an "insured contract", provided the "loss" occurs subsequent to the execution of the contract or agreement. 2. Criminal Fines Or Criminal Penalties Any criminal fines or criminal penalties. MEET 0007 01 22 Page 5 of 21 3. Damage To Property "Property damage" in any way related to any real property or facility that is or was at any time owned, operated, or occupied by, or rented to, you. However, this exclusion does not apply if the real property or facility is operated or occupied by you for the purpose of performing "your work". 4. Damage To Your Product Or Your Work "Property damage" to "your product" or "your work" or any part of "your product" or "your work". 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. 5. Employer's Liability "Bodily injury" to: a. An "employee" of the insured arising out of and in the course of: (1) Employment by the insured; or (2) Performing duties related to the conduct of the insured's business; or b. The spouse, child, parent, brother, or sister of that "employee" as a consequence of such "bodily injury". This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to sham damages with or repay someone else who must pay damages because of the injury. However, this exclusion does not apply to liability assumed by you under an "insured contract". 6. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of any "responsible insured". 7. Impaired Property "Property damage" to "impaired property" or property that has not been physically injured, arising out of: a. A defect, deficiency, inadequacy, or dangerous condition in "your product" or "your work"; or b. A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. 8. Insured Versus Insured Any "claim" made by or on behalf of an insured against any other insured. However, this exclusion does not apply to "claims" against you by any insured seeking coverage or indemnification pursuant to a written contract or agreement for a "claim" otherwise covered for "bodily injury", "property damage", or "cleanup costs". 9. Intentional Acts "Loss" arising out of intentional, willful, or deliberate: a. Injury to persons or property; or b. Failure to comply with any permit, administrative complaint, notice of violation, notice letter, executive order, or instruction of any governmental or public agency or body. However, this exclusion does not apply to: (1) An insured who did not commit, participate in, or have knowledge of any of the acts described above; (2) Any failure to comply based upon your good faith reliance on written advice of qualified outside counsel received in advance of such non-compliance; or (3) Any failure to comply based upon your reasonable efforts to mitigate a "pollution condition" that necessitates immediate action, provided such "emergency response costs" are reported to us in writing within 96 hours of discovery of such "pollution incident". MEEI 0007 01 22 Page 6 of 21 10. Known Circumstances Or Conditions "Loss" caused by, arising out of, or in any way involving a "pollution condition" at a "covered location" or resulting from "your work", including any subsequent continuation or resumption of or changes in such "pollution condition", that existed prior to the Policy Period and was known to any "responsible insured" at any time before the beginning of the Policy Period. However, this exclusion does not apply to Insuring Agreement 4. Sudden And Accidental Discharge, Release, Or Escape Of Pollutants Liability under Section I — Coverages, A. Insuring Agreements if the known "pollution condition" is shown in a Schedule Of Known Pollution Conditions attached to this Coverage Form. 11. Nuclear Energy Liability "Loss": With respect to which an insured under this Policy is also an insured under a nuclear energy liability policy issued by the Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada, or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of insurance; b. Resulting from the "hazardous properties" of "nuclear material" and with respect to which: (1) Any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof; or (2) The insured is, or had this Policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization; or Resulting from the "hazardous properties" of "nuclear material", if: (1) The "nuclear material": (a) Is at any "nuclear facility" owned by, or operated by or on behalf of an insured; or (b) Has been discharged or dispersed therefrom; (2) The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, processed, stored, transported, or disposed of by or on behalf of an insured; or (3) The "loss" arises out of the furnishing by an insured of services, materials, parts, or equipment in connection with the planning, construction, maintenance, operation, or use of any "nuclear facility", but if such facility is located within the United States of America, its territories or possessions, or Canada, this exclusion (3) applies only to "property damage" to such "nuclear facility" and any property thereat. As used in this exclusion: "Hazardous properties" includes radioactive, toxic, or explosive properties. "Nuclear material" means "source material", "special nuclear material", or "by-product material". "Source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. "Spent fuel" means any fuel element or fuel component, solid, or liquid, which has been used or exposed to radiation in a "nuclear reactor". "Waste" means any waste material: a. Containing "by-product material" other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material" content; and b. Resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facility". "Nuclear facility" means: a. Any "nuclear reactor"; b. Any equipment or device designed or used for: MEET 0007 01 22 Page 7 of 21 (1) Separating the isotopes of uranium or plutonium; (2) Processing or utilizing "spent fuel"; or (3) Handling, processing, or packaging "waste"; c. Any equipment or device used for the processing, fabricating, or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; d. Any structure, basin, excavation, premises, or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the foregoing is located, all operations conducted on such site, and all premises used for such operations. "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. "Property damage" includes all forms of radioactive contamination of property. 12. Other Enterprises "Loss" arising out of any business enterprise owned, operated, or managed by the insured or its parent company or any affiliate, successor, or assignee of such company not named in the Declarations. 13. Professional Services "Loss" arising out of any alleged or actual act, error, or omission in the rendering of or failure to render "professional services" by you or any contractor or subcontractor working on your behalf. This exclusion applies even if the "claim" against any insured alleges negligence or other wrongdoing in the supervision, hiring, employment, training, or monitoring of others by that insured, if the "pollution condition" which caused the "loss" involved the rendering of or failure to render "professional services". However, this exclusion does not apply to a "claim": a. In which you committed an actual or alleged act, error, or omission relating to improper or inadequate supervision, direction, or control of any subcontractors for which you are legally liable when such contractors or subcontractors are performing operations on your behalf at a job site; or b. Alleging liability for construction means, methods, techniques, sequences, or procedures utilized as part of "your work". 14. Property Damage To Cargo "Property damage" to "transported cargo". 15. Property Damage To Conveyances "Property damage" to any "auto", railcar, train, watercraft, or aircraft operated by or on behalf of any insured resulting from a "pollution condition" caused by "transported cargo". However, this exclusion does not apply to any "claim" brought by any "carrier" for "property damage" arising out of the insured's negligence. 16. Vehicles "Loss" arising out of the ownership, maintenance, use, operation, or entrustment to others of any aircraft, "unmanned aircraft", "auto", or watercraft. Use includes "loading or unloading". However, this exclusion does not apply to: a. "Loading or unloading" within the boundaries of any "covered location" or a location where "your work" is performed; and b. Coverage provided under Insuring Agreements A.2. Transportation Pollution Liability , A.3. Non -Owned Disposal Site Liability, or A.4. Sudden And Accidental Discharge, Release, Or Escape Of Pollutants Liability, if shown as purchased in the Declarations. 17. War "Loss", however caused, arising, directly or indirectly, out of: MEEI 0007 01 22 Page 8 of 21 a. War, including undeclared or civil war; b. Warlike action by a military force, including action taken in the hindering or defending against an actual or expected attack, by any government, sovereign, or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. 18. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits, unemployment compensation law, or any similar law. 19. Your Product "Loss" arising out of "your product". However, this exclusion does not apply to any "loss- arising out of any waste generated for "your work" that is relinquished to others to recycle or beneficial reuse. B. With respect only to the Sudden And Accidental Discharge, Release, Or Escape of Pollutants Liability Insuring Agreement, this insurance does not apply to: 1. Asbestos "Loss" in any way involving asbestos, asbestos products, asbestos fibers, or asbestos dust. However, this exclusion does not apply to asbestos in groundwater or soil. 2. Capital Expenditures Any "capital expenditure" at a "covered location". However, this exclusion does not apply to any "capital expenditure" related to "emergency response costs" covered under Insuring Agreement A.4. Crisis Management And Emergency Response Costs, if shown as covered in the Declarations. 3. Lead Paint "Loss" in any way involving a "pollution condition" that results from the existence, required removal, voluntary removal, or abatement of paint containing lead. However, this exclusion does not apply to lead based paint in groundwater or soil. 4. Material Change In Use "Loss" in any way involving a change in the use or operations at a "covered location" that materially increases the likelihood or severity of a "pollution condition" or "claim" as compared with use or operations existing at this Policy's inception date as disclosed to us on the application and all supporting documentation. 5. Underground Storage Tanks "Loss" in any way involving any "underground storage tank" at a "covered location", whether operational, closed, or removed. 6. Wells "Loss" in any way involving the discharge, escape, migration, release or seepage of oil, gas, drilling fluid, or any other fluid, from any oil, gas, mineral or geothermal well. SECTION III - WHO IS AN INSURED Each of the following 's an insured under all Insuring Agreements and Supplementary Payments: A. If you are designated in the Declarations as: 1. An individual, you, and your spouse or "domestic partner", but only with respect to the conduct of a business of which you are the sole owner. 2. A partnership or joint venture, your members, your partners, and their spouses or "domestic partners", but only with respect to the conduct of your business. 3. A limited liability company, your members but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. MEEI 0007 01 22 Page 9 of 21 4. An organization other than a partnership, joint venture, or limited liability company. Your "executive officers" and directors, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. B. Any subsidiary company of yours, other than a partnership, joint venture, or limited liability company, and any company over which you have active control or majority ownership interest, or exercise management or financial control is a Named Insured with respect to the conduct of your business, provided: 1. You report all such entities to us within 90 days after you have acquired the organization; and 2. There is no other similar primary insurance available to that organization, unless such entity has been specifically endorsed onto this Policy. However: a. Coverage is afforded only until the 90th day after you acquire the subsidiary or the end of the Policy Period, whichever is earlier; and b. Coverage does not apply to "loss" that first commences before you acquired the subsidiary. C. Your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture, or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of "your work". D. In the event of your bankruptcy, your trustees, and in the event of your death or incapacity, your legal representatives, or executors, but only with respect to such trustee's, representative's, or executor's vicarious liability resulting from "your work" E. Any organization, other than a partnership, joint venture, or limited liability company, you newly form during the Policy Period and over which you maintain ownership or majority interest, will qualify as an insured, if: 1. You have contractually agreed to provide insurance for such organization; 2. There is no other similar primary insurance available to that organization, unless such entity has been specifically endorsed onto this Policy; and 3. You report to us within 90 days after such formation that you formed the organization. However: a. Coverage is afforded only until the 90th day after you form the organization or the end of the Policy Period, whichever is earlier; and b. Coverage does not apply to "loss" that first commences before you formed the organization. F. Any person or organization with whom you have agreed to provide additional insured status in a written contract or agreement, executed prior to the: 1. Commencement of "your work"; and 2. Date the "pollution condition" first commenced. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage", or "cleanup costs" resulting from a "pollution condition" caused in whole or in part by "your work". However, any insurance afforded to such insured: a. Only applies to the extent permitted by law; b. Will not be broader than that which you are required by the written contract or agreement to provide for such insured; and c. Is limited to the lesser of the Limits Of Insurance shown in the Declarations or the amount required by the written contract or agreement. This Paragraph F. does not apply to any person or organization specifically named as an additional insured in an endorsement attached to this Policy. MEEI 0007 01 22 Page 10 of 21 SECTION IV - LIMITS OF INSURANCE AND SELF -INSURED RETENTION OR DEDUCTIBLE A. Limits Of Insurance 1. The Limits Of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of insureds, "claims" made, or persons or organizations making "claims". 2. Subject to the Combined General Aggregate Limit shown in the Declarations, the Coverage Form Aggregate Limit shown in the Declarations is the most we will pay for all "loss" arising out of all "pollution conditions" under all Insuring Agreements. 3. Subject to the Coverage Form Aggregate Limit shown in the Declarations: a. The Each Contractor's Pollution Condition Limit shown in the Declarations is the most we will pay under Insuring Agreement A.1. Contractor's Pollution Liability for all "loss" arising out of any one "pollution condition" b. The Each Transportation Pollution Condition Limit shown in the Declarations is the most we will pay under Insuring Agreement A.2. Transportation Pollution Liability for all "loss" arising out of any one "transportation pollution condition". c. The Each Non -Owned Disposal Site Pollution Condition Limit shown in the Declarations is the most we will pay under Insuring Agreement A.3. Non -Owned Disposal Site Liability for all "loss" arising out of any one "pollution condition" at a "non -owned disposal site". d. The Each Sudden And Accidental Pollution Condition Limit shown in the Declarations is the most we will pay under Insuring Agreement A.4. Sudden And Accidental Discharge, Release, Or Escape Of Pollutants Liability for all "loss" arising out of any one "pollution condition". e. The Each Crisis Management And Emergency Response Limit shown in the Declarations is the most we will pay under Insuring Agreement A.5. Crisis Management And Emergency Response Costs for the sum of all "crisis management costs" and "emergency response costs" arising out of any one "pollution condition". The limits of insurance of this Policy apply separately to each Policy Period, unless the Policy Period is extended after issuance for an additional period. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the limits of insurance. B. Self -Insured Retention The following applies only if Self -Insured Retention is selected in the Declarations: 1. You agree to assume the Self -Insured Retention shown in the Declarations. Our obligation to pay "loss" under this insurance and the applicable Limit Of Insurance shown in the Declarations will apply in excess of the applicable Self -Insured Retention. 2. Regardless of whether or not there is any other insurance, whether or not collectible, applicable to a "claim" or "pollution condition" within the Self -Insured Retention, you must make actual payment of the full Self -Insured Retention before the Limits Of Insurance will apply. Compliance with this clause is a condition precedent for coverage under this insurance. We will make no payments of any type in the event you fail to comply with this clause. 3. You must not incur costs other than adjusting expenses without our written consent in the event of any "claim" or "pollution condition" which appears likely to exceed the Self -Insured Retention. 4. We have the right in all cases to assume control of the investigation, defense, and settlement of any "claim" or "pollution condition" to which this insurance applies. When we exercise this right, the following apply: a. You will remain responsible for the cost of all "loss" within the applicable Self -Insured Retention; b. At our request, you will advance to us any portion of the applicable Self -Insured Retention that we deem reasonable to pay for any "claim" or "pollution condition"; c. If you have paid to us all or part of the applicable Self -Insured Retention and the total amount of "loss" that we pay for that "daim" or "pollution condition" is less than the applicable Self -Insured Retention, then we will reimburse you the amount you paid in excess of the amount we pay; and d. We will have the sole and absolute right to settle the "claim" for any amount we deem reasonable, including any amount within the Self -Insured Retention. Although we agree to attempt to advise and consult with you MEEI 0007 01 22 Page 11 of 21 prior to making any settlement, we will have no obligation to obtain your consent or the consent of any other insured, to any settlement we make that requires payment from you of any amount within the Self -Insured Retention. You and any other insured hereby waive any claim or defense against us resulting from our entering into any such settlement without your approval. C. Deductible The following applies only if Deductible is selected in the Declarations: 1. Our obligation to pay "loss" under this insurance and the applicable Limit Of Insurance shown in the Declarations applies only to the amount of damages in excess of the Deductible shown in the Declarations. 2. The Deductible applies separately to each "pollution condition", and may be applied to supplementary payments, settlements, or indemnification. 3. The terms of this insurance, including those with respect to: a. Our right and duty to defend the insured against any "claims" seeking those damages; and b. Your duties in the event of a "pollution condition"; apply irrespective of the application of the Deductible. 4. At our sole election and option, we may either: a. Pay any part or all of the Deductible to effect settlement of any "claim", and upon notification of the action taken, you must promptly reimburse us for that part of the Deductible that has been paid by us; or b. Simultaneously upon receipt of notice of any "claim" or at any time thereafter, call upon you to pay or deposit with us all or any part of the Deductible, to be held and applied by us as herein provided. 5. In the event that you do not promptly comply with Paragraph 4. above, any cost we incur in collection of the Deductible including, but not limited to, collection agency fees, attorneys' fees, and interest, will be added to and applied in addition to the Deductible without limitation to such costs. 6. If the same, related, or continuous "pollution condition" results in coverage under more than one Insuring Agreement under this Policy, then only the highest Deductible shown in the Declarations of all Insuring Agreements applicable to the "pollution condition" will apply. D. Mediation If we jointly agree with the first Named Insured to utilize "mediation" as a means to resolve a "claim" made against you and such "claim" is resolved as a direct result of and during, or directly after, such "mediation" with the same mediator, the Deductible or Self -Insured Retention shown in the Declarations will be reduced by 50% subject to a maximum reduction of $25,000 of all "claims" resolved by "mediation". We will reimburse the first Named Insured for any such reimbursable Deductible payments made prior to the "mediation" as soon as practicable after the conclusion of such "mediation". E. Multiple Insureds, Claims, And Claimants The inclusion herein of more than one insured in any "claim" or the making of "claims" by more than one person or organization will not operate to increase the Limits Of Insurance shown in the Declarations. More than one "claim" arising out of a single "pollution condition" will be treated as a single "claim". SECTION V - CONDITIONS A. Assignment This insurance may not be assigned without our prior consent, which consent will not be unreasonably withheld or delayed. Assignment of interest under this insurance will not bind us until our consent has been endorsed hereon. B. Bankruptcy Bankruptcy or insolvency of the insured or the insured's estate will not relieve us of our obligations or increase our liability under this Policy. C. Duties In The Event Of A Pollution Condition Or Claim 1. You must see to it that we are notified as soon as practicable in writing of a "pollution condition". To the extent possible, notice must contain: MEEI 0007 01 22 Page 12 of 21 a. How, when, and where the "pollution condition" took place; b. The names and addresses of any claimants, injured persons, and witnesses; c. The nature and location of any injury or damage arising out of the "pollution condition"; d. The date and details of "your work" that may have caused the "pollution condition"; e. Copies of any contracts that have been entered into by any insured that are related to "your work" performed; and f. Details explaining how the insured first became aware of the "pollution condition". 2. If a "claim" is made against any insured: a. You must record and notify us as soon as practicable in writing the specifics of the "claim" and the date received; and b. You and any other involved insured must: (1) Send us copies as soon as practicable of any demands, notices, summons, or legal papers received in connection with the "claim"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement, or defense of the "claim"; (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply; and (5) Submit to examination under oath as often as reasonably required by us. 3. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, without our written consent. However, written consent is not required with respect to: a. "Crisis management costs" that have been reported in accordance with Insuring Agreement A.5. Crisis Management And Emergency Response Costs; or b. "Emergency response costs" that have been reported and approved by us or our appointed representative by use of the emergency response hotline. 4. Notice to your insurance agent or broker does not constitute notice to us for purposes of the receipt of notice. D. Independent Counsel In the event the insured is entitled by applicable law to select independent counsel to defend a "claim" or "suit" at our expense, the attorneys' fees and all other expenses we must pay to that counsel are limited to the rates we actually pay to counsel we retain in the ordinary course of business in the defense of similar claims or suits in the community where the "claim" arose or the "suit" is being defended. Additionally, we may exercise the right to require that such counsel have certain minimum qualifications with respect to their competence including at least 5 years of experience in defending "claims" or "suits" similar to the one pending against the insured and to require such counsel have errors and omissions insurance coverage with a limit at least equal to this Policy's applicable Each Insuring Agreement Limit. With respect to any such counsel, the insured agrees that counsel will: 1. Respond timely and regularly to our request for information regarding the "claim" or "suit"; and. 2. Provide regular status reports, budgets, case plans, and updates on significant developments. Furthermore, the insured may at any time, by the insured's written consent, freely and fully waive these rights to select independent counsel. E. Legal Action Against Us No person or organization has a right under this Policy to: 1. Join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or 2. Sue us on this Policy unless all of its terms have been fully complied with. MEET 0007 01 22 Page 13 of 21 A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial; but we will not be liable for "losses" that are not payable under the terms of this Policy or that are in excess of the applicable Limit Of Insurance. An agreed settlement means a settlement and release of liability signed by the insured and the claimant or the claimant's legal representative. F. Other Insurance If other valid and collectible insurance is available to the insured for "loss" we cover under this Policy, our obligations are limited as follows: 1. Primary Insurance This insurance is primary except when Paragraph 2. below applies. If this insurance is primary: a. This insurance is not contributory with any other insurance available to any third party liability policy if required by a written contract, signed by both parties, and executed prior to the commencement of operations or "your work" b. Our obligations are not affected unless any of the other insurance is also primary. In that case, we will share with all such other insurance by the method described in Paragraph 3. below. 2. Excess Insurance This insurance is excess over: (1) Any other insurance, whether primary, excess, contingent, or on any other basis, if you are an insured on an insurance policy that applies to "your work" performed at a specific job site and that insurance policy applies to a specific job site; (2) Any other insurance, whether primary, excess, contingent, or on any other basis if you are an insured on an insurance policy that applies to "your work" performed at a specific job site and that insurance policy applies to a specific job site; (3) Any other valid and collectible insurance available to you covering liability for "losses" arising out of "your work", including that work for which you have been added as an additional insured by an endorsement, by definition in a contract or agreement, or by combination thereof; (4) Any other valid and collectible insurance available to any person or entity performing functions for others on your behalf as defined in "your work" in this Policy; (5) Any valid and collectible project -specific insurance policy, owner's protective insurance policy, owner - controlled insurance policy, contractor -controlled insurance policy, wrap-up policy, or similar insurance program under which an insured is covered; or (6) Any other valid and collectible insurance, whether primary, excess, contingent, or on any other basis, covering a: (a) "Transportation pollution condition", if Insuring Agreement A.2. Transportation Pollution Liability is shown as purchased in the Declarations; or (b) "Pollution condition" on a "non -owned disposal site", if Insuring Agreement A.3. Non -Owned Disposal Site Liability is shown as purchased in the Declarations. b. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the "loss", if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the damages in the absence of this insurance; and (2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining "loss", if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits Of Insurance shown in the Declarations of this Policy. MEEI 0007 01 22 Page 14 of 21 3. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the "loss" remains, whichever comes first. However, our contribution will not apply until our applicable Deductible or Self -Insured Retention is satisfied. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. G. Premium Audit 1. We will compute all premiums for this Policy in accordance with our rules, rates, rating plans, and minimum premium requirements. 2. Premium shown as Advance And Deposit Premium in the Declarations is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured shown in the Declarations. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the Policy Period is more than the greater of the earned premium or Minimum Retained Premium shown in the Declarations, we will return the excess to the first Named Insured. 3. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. H. Representations By accepting this Policy, you agree: 1. The statements in the applications, other materials submitted to us, and Declarations are accurate and complete; 2. Those statements are based upon representations you made to us; and 3. We have issued this Policy in reliance upon your representations. Separation Of Insureds Except with respect to the limits of insurance, and any rights or duties specifically assigned to the first Named Insured shown in the Declarations, this insurance applies: 1. As if each Named Insured were the only Named Insured; and 2. Separately to each insured against whom a "claim" is made. J. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this insurance, those rights are transferred to us. The insured must do nothing after "loss" to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. However, we will waive any right of recovery we may have against any person(s) or organization(s) to whom the insured agrees in a written contract signed by both parties prior to the "loss", to provide a waiver of transfer of rights of recovery with respect to "claims" that result from "your work" under such contract(s). This waiver will not apply for "losses" resulting from the sole negligence of such person(s) or organization(s). SECTION VI — EXTENDED REPORTING PERIOD With respect only to the Sudden And Accidental Discharge, Release, Or Escape of Pollutants Liability Insuring Agreement: A. We will provide one or more Extended Reporting Periods, as described below, if: 1. The coverage provided for Sudden And Accidental Discharge, Release, Or Escape Or Pollutants Liability is cancelled or not renewed; or 2. We renew or replace the coverage provided for Sudden And Accidental Discharge, Release, Or Escape Or Pollutants Liability with insurance that: a. Has a retroactive date later than the Retroactive Date shown in the Declarations; or MEEI 0007 01 22 Page 15 of 21 b. Does not apply to "claims" that result from a "pollution condition" on a claims -made basis. The quotation of a different premium, deductible, or limit of insurance for renewal does not constitute a cancellation or refusal to renew for the purpose of this provision. B. The Extended Reporting Periods do not extend the Policy Period or change the scope of coverage provided. They apply only to "claims" that result from "pollution conditions" that occur before the end of the Policy Period, but not before the Retroactive Date, if any, shown in the Declarations, provided the "claim" is first made against the insured during the Policy Period and reported to us during the Policy Period or the Extended Reporting Period. Once in effect, the Extended Reporting Period may not be cancelled. C. The Extended Reporting Periods will not reinstate or increase the Limits Of Insurance shown in the Declarations. D. A Basic Extended Reporting Period is automatically provided without additional charge. This period starts with the end of the Policy Period and lasts for 90 days. The Basic Extended Reporting Period does not apply to "claims" that are covered under any subsequent insurance you purchase, or that would be covered but for exhaustion of the amount of insurance applicable to such "claims". E. An Optional Extended Reporting Period is available, subject to Paragraph F. below, but only by an endorsement for an extra charge. This Optional Extended Reporting Period starts when the Basic Extended Reporting Period, set forth in Paragraph D. above, ends. You must give us a written request for the endorsement within 90 days after the end of the Policy Period. The Optional Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due. We will determine the additional premium in accordance with our rules and rates. In doing so we may take into account the following: 1. The exposures insured; 2. Previous types and amounts of insurance; 3. Limits of insurance available under this Policy for future payment of "loss"; and 4. Other related factors. This endorsement will set forth the terms, not inconsistent with this section, applicable to the Optional Extended Reporting Period, including a provision to the effect that the insurance afforded for "claims" first received during such period is excess over any other valid and collectible insurance available under policies in force after the Optional Extended Reporting Period starts. F. We do not have to provide an Optional Extended Reporting Period if: 1. There is any failure to pay any outstanding premiums when due; 2. You fail to repay any Self -Insured Retention or Deductible amount we have paid; 3. You have purchased any other insurance to replace the insurance provided under this endorsement; or 4. The application for this Policy, including any addenda thereto, contains any material misrepresentation of fact. SECTION VII - DEFINITIONS A. "Auto" means a land motor vehicle, trailer, or semitrailer designed for travel on public roads, including any attached machinery or equipment. B. "Bodily injury" means physical injury, sickness, disease, mental anguish, or emotional distress, sustained by any person, including medical monitoring or death resulting from any of these at any time. C. "Cargo" means waste, products, or materials carried or delivered by a "covered conveyance". D. "Carrier" means a person or an entity, other than any insured or any subsidiary or affiliate company of any insured, engaged by the insured to transport material by aircraft, "auto", or watercraft, but only if such person or entity is properly licensed to transport such material and in the business of transporting such material. E. "Claim" means the insured's or our receipt of: 1. A written demand for reimbursement of "loss"; or 2. The service of "suit" or institution of arbitration proceedings against the insured. MEEI 0007 01 22 Page 16 of 21 F. "Cleanup costs" means reasonable and necessary expenses incurred in the investigation, evaluation, monitoring, testing, removal, containment, treatment, disposal, remediation, detoxification, or neutralization of "pollutants", or any reasonable and necessary expense incurred in response to any "pollutants": 1. To the extent required by federal, state, local, or provincial laws, including but not limited to statutes, rules, ordinances, guidance documents, regulations, and all amendments thereto, including state voluntary clean up or risk -based corrective action guidance, governing the liability or responsibilities of the insured; or 2. Which have been actually incurred by the government or any political subdivision of the United States of America or any state thereof, or by third parties. "Cleanup costs" includes "restoration costs". G. "Completed operations" means "your work" that has been completed. "Completed operations" does not include "your work" that has been abandoned or has not yet been completed. "Your work" will be deemed completed at the earliest of the following times: 1. When all work to be performed under the contract has been completed; 2. When all of the work to be done at the site has been completed if the contract calls for work at more than one site; or 3. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. "Your work" that may require further service, maintenance, correction, repair, or replacement, but is otherwise complete, will be deemed completed. H. "Coverage territory" means: 1. The United States of America and its territories and possessions; and 2. International waters or airspace, but only if the "loss" occurs in the course of travel or transportation between any places included in Paragraph 1. above. "Coverage territory" does not include military bases or installations not located in Paragraph 1. above. "Covered conveyance" means any conveyance operated by or on behalf of an insured used for transporting property. J. "Covered location" means any real property owned, leased, or operated for use as an office, warehouse, or for equipment storage by you at the time of the "loss" and as of the first date of the Policy Period shown on the Declarations. K. "Crisis management consultant" means a professional firm or consultant that provides crisis management services and has been approved in writing by us, the approval for which will not be unreasonable withheld. L. "Crisis management costs" means those reasonable and necessary fees and expenses: 1. Incurred by you within 90 days after the "crisis management event" is discovered by you and is thereafter approved by us in writing; and 2. For services provided to you by a "crisis management consultant" for the sole purpose of assisting you with: a. Managing the media in direct response to a "crisis management event" to which this insurance applies; or b. Minimizing the economic harm to you caused by a "crisis management event" to which this insurance applies by consulting with you with respect to maintaining and restoring your company's public image or reputation. You must take reasonable steps to minimize "crisis management costs". M. "Crisis management event" means the public announcement by a third party that a "pollution condition" for which you are legally responsible has caused: 1. "Bodily injury' involving third parties; or 2. "Property damage", but only to the extent resulting in actual physical damage to real property owned by third parties; provided that one of your "executive officers" has proffered, in our sole discretion, a good faith opinion that the public announcement or accusation has caused or is reasonably likely to cause economic harm to, or a material adverse effect on, your company's image or goodwill. MEEI 0007 01 22 Page 17 of 21 N. "Domestic partner" means any natural person qualifying as a domestic partner under the provisions of any applicable federal, state, or local law. O. "Emergency response costs" means reasonable and necessary costs incurred to mitigate a "pollution condition" constituting an emergency situation under applicable law whereby in the absence of such mitigation: 1. "Bodily injury" or "property damage" to third parties is imminent; or 2. "Cleanup costs" pursuant to environmental law are incurred. P. "Employee" includes temporary and leased staff working on your behalf and under your direct supervision, but only with respect to "your work". Q. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws, or any other similar governing document. R. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: 1. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate, or dangerous; or 2. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment, or removal of "your product" or "your work", or your fulfilling the terms of the contract or agreement. S. "Insured contract" means: 1. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; or 2. 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", "property damage", or "cleanup costs" to a third person or organization, provided the "bodily injury", "property damage", or "cleanup costs" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph 2. does not include that part of any contract or agreement: a. That indemnifies an architect, engineer, or surveyor for injury or damage arising out of: (1) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; or (2) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or b. 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 a. above and supervisory, inspection, architectural, or engineering activities. T. "Loading or unloading" means the handling of property: 1. After it is moved from the place where it is accepted for movement into or onto a vehicle; 2. While it is in or on a vehicle; or 3. While it is being moved from a vehicle to the place where it is finally delivered. U. "Loss" means: 1. The insured's legal liability for a monetary judgment, award, or settlement, including punitive damages and exemplary damages where insurable by applicable law, for "bodily injury" or "property damage", 2. "Cleanup costs" with respect to Insuring Agreements A.1. through A.4.; or 3. "Crisis management costs" or "emergency response costs" with respect to Insuring Agreement A.5.; as applicable when shown as purchased in the Declarations. MEEI 0007 01 22 Page 18 of 21 V. "Mediation" means non -binding dispute resolution conducted by a neutral third party to effect settlement of a "claim". W. "Mold" means any permanent or transient fungus, mold, mildew, or mycotoxin or any of the spores, scents, or by- products produced or released by fungus. X. "Natural resource damages" means physical injury to or destruction of, as well as the assessment of such injury or destruction, including the resulting loss of value of land, fish, wildlife, biota, air, water, groundwater, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States of America, any state or local government, any Native American tribe, or, if such resources are subject to a trust restriction on alienation, any member of a Native American tribe. Y. "Non -owned disposal site" means a location you use for the treatment, storage, or disposal of waste or material, provided the "non -owned disposal site": 1. Is not managed, operated, owned, or leased by any insured or any subsidiary or affiliate of any insured; 2. Is permitted or licensed by the applicable federal, state, local, or provincial authorities to accept such waste or material as of the date the waste or material is treated, stored, or disposed of at the "non -owned disposal site"; and 3. Is not listed on a proposed or final Federal National Priorities List or any state or provincial equivalent National Priority List, Superfund, or Hazardous Waste List prior to the treatment, storage, or disposal of the waste or material at the "non -owned disposal site". Z. "Pollutants" means any solid, liquid, gaseous, thermal, biological, or low-level radioactive substance, material or matter, irritant, or contaminant including smoke, vapor, soot, silt, sedimentation, fumes, acids, alkalis, chemicals, and waste. With respect to Insuring Agreements A.1. Contractor's Pollution Liability and A.5 Crisis Management And Emergency Response Costs only, if shown as purchased in the Declarations, "pollutants" includes "mold" and legionella pneumophila. AA."Pollution condition" means: 1. The discharge, dispersal, seepage, migration, growth, release, or escape of "pollutants"; or 2. The illicit abandonment of "pollutants" by a third party without your consent at a job site or a "covered location". With respect to Insuring Agreements A.2. Transportation Pollution Liability and A.5. Crisis Management And Emergency Response Costs only, if shown as purchased in the Declarations, "pollution condition" includes "transportation pollution condition". BB. "Professional services" means those functions performed for others by you or on your behalf that are related to your practice as a consultant, engineer, architect, surveyor, laboratory, project manager, or construction manager including, but not limited to, engineering services or the preparation or approval of maps, drawings, opinions, reports, surveys, designs, or specifications. CC."Property damage" means: 1. Physical injury to tangible property, including all resulting loss of use or diminution in value of that property. All such loss of use or diminution in value will be deemed to occur at the time of the physical injury that caused it; 2. Loss of use or diminution in value of tangible property that is not physically injured. All such loss of use or diminution in value will be deemed to occur at the time of the "claim"; or 3. "Natural resource damages". DD."Responsible insured" means: 1. You, your "executive officer", director, partner, member, or manager; 2. Any insured who has responsibility, in whole or in part, for risk control, risk management, health and safety, or environmental affairs control or compliance; or 3. Any insured who signed or who has responsibility, in whole or in part, for completing the application on which we relied in issuing this Policy. MEET 0007 01 22 Page 19 of 21 EE. "Restoration costs" means reasonable and necessary costs incurred by the insured with our consent, which will not be unreasonably withheld or delayed, to restore, repair, or replace real or personal property to substantially the same condition it was in prior to being damaged during work performed in the course of incurring "cleanup costs". However, such "restoration costs": 1. Will not exceed the actual cash value of such property immediately prior to incurring "cleanup costs"; or 2. Will not include costs associated with improvements or betterments, ordinance, or law, except to the extent: a. Such improvements or betterments of the damaged property entail the use of materials which are environmentally preferable to those materials which comprised the damaged property; and b. Such environmentally preferable material must be certified as such by an applicable independent certifying body, where such certification is available, or, in the absence of such certification, based on our judgment in our sole discretion. FF. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage", or "cleanup costs" to which this insurance applies are alleged. "Suit" includes: 1. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or 2. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. GG."Temporary storage" means storage of materials in a locked and secure storage container with clearly posted warning signs for a period of up to 30 days at a premise you own or rent. "Temporary storage" does not include storage of materials at any site at which you are performing "your work". HH. "Transportation pollution condition" means the emission, discharge, dispersal, release, or escape of "pollutants" from a "covered conveyance" which occurs beyond the boundaries of a "covered location" or a jobsite. II. "Transported cargo" means the insured's "cargo" after it is moved from the place where it is accepted by or on behalf of an insured for movement into or onto a "covered conveyance", until the "cargo" is moved from the "covered conveyance" to the place where it is finally delivered on behalf of the insured. "Transported cargo" also includes the insured's "cargo" during "loading or unloading" to or from a "covered conveyance". JJ. "Unmanned aircraft" means an aircraft that is not designed, manufactured, or modified after manufacture to be controlled directly by a person from within or on the aircraft. KK."Your product": 1. Means: a. Any goods or products, other than real property, manufactured, sold, handled, distributed, or disposed of by: (1) You; (2) Others trading under your name; or (3) A person or organization whose business or assets you have acquired; and b. Containers (other than vehicles), materials, parts, or equipment furnished in connection with such goods or products. 2. Includes: a. Warranties or representations made at any time with respect to the fitness, quality, durability, performance, or use of "your product"; and b. The providing of or failure to provide warnings or instructions. 3. Does not include vending machines or other property rented to or located for the use of others but not sold. LL. "Your work": MEEI 0007 01 22 Page 20 of 21 1. Means: a. Contracting work or contracting operations as disclosed in the application or which are specifically endorsed to this Policy performed by you or on your behalf for others at a location that you do not own, control, rent, or occupy other than for the purpose of performing "your work"; and b. Materials, parts, or equipment furnished in connection with such work or operations. 2. Includes: a. Warranties or representations made at any time with respect to the fitness, quality, durability, performance, or use of "your work"; b. The providing of or failure to provide warnings or instructions; c. The "completed operations" of "your work"; and d. With respect to Insuring Agreement A.1. Contractor's Pollution Liability, the "temporary storage" of asbestos, or any material or substance containing asbestos, asbestos fibers, or asbestiform talc that was removed in the course of "your work". MEET 0007 01 22 Page 21 of 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY SCHEDULE OF UNDERLYING INSURANCE The limits shown below reflect your underlying limits. We attach over only those lines of coverage (A, B, C or D) where underlying limits are shown. Coverage afforded under this policy is subject to all forms, endorsements, exclusions, definitions, terms and conditions of the underlying policy. Type of Policy A. COMMERCIAL GENERAL LIABILITY Limits of Liability Company: Berkley Assurance Company Policy No: VUMA0340180 Effective Date: 02/08/2024 Expiration Date: 02/08/2025 Each Occurrence Limit General Aggregate Limit (Other than Products/Completed Operations) Products/Completed Operations Aggregate Limit Personal & Advertising Injury Limit $ 1,000,000 $ 2,000,000 $ 2,000,000 $ 1,000,000 B. AUTOMOBILE LIABILITY Company: Auto Owners Insurance Policy No: On File With Company Effective Date: 03/13/2024 CSL Hired/Non-Owned Only Expiration Date: 03/13/2025 $ 1,000,000 $ 1,000,000 Each Accident Each Accident C. EMPLOYER'S LIABILITY Company: Sirius Point America Policy No: On File With Company Effective Date: 03/13/2024 Expiration Date: 03/13/2025 Employers' Liability- Bodily Injury by Accident Employers' Liability Bodily Injury by Disease Employers' Liability — Bodily Injury by Disease $ 1,000,000 $ 1,000,000 $ 1,000,000 Each Accident Aggregate Limit Each Employee CEXC 10 01 (10-17) Page 1of1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization as required by written contract within states covered under this policy. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 03/13/2024 Policy No. WC PI 907247-000 Endorsement No. Insured TOP NOTCH PLUMBING LLC Premium 10732 Insurance Company The Pie Insurance Company Countersigned by WC 00 03 13 (Ed. 4-84) Copyright 1983 National Council on Compensation Insurance. Contract Form Entity Information Entity Name* Entity ID* TOP NOTCH PLUMBING LLC @00040582 o New Entity? Contract Name" Contract ID SOUTHEAST SERVICE CENTER BOILER REPLACEMENT 7906 Contract Status CTB REVIEW Contract Description * REPLACE EXISTING BASEMENT HOT WATER BOILER. Contract Description 2 Contract Type* CONTRACT Amount* $33,176.00 Renewable * NO Automatic Renewal Grant IGA Contract Lead * CNAIBAUER Contract Lead Email cnaibauer@weld.gov Parent Contract ID Requires Board Approval NO Department Project # Department Requested BOCC Agenda Due Date BUILDINGS AND Date* 03/14/2024 GROUNDS 03/18/2024 Department Email CM- BuildingGrounds@weldgo v.com Department Head Email CM-BuildingGrounds- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date * 06/03/2024 Committed Delivery Date Renewal Date Expiration Date* 06/03/2024 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel CURTIS NAIBAUER CHERYL PATTELLI BRUCE BARKER DH Approved Date Finance Approved Date Legal Counsel Approved Date 03/27/2024 03/27/2024 04/09/2024 Final Approval BOCC Approved Tyler Ref # AG 041524 BOCC Signed Date Originator CNAIBAUER BOCC Agenda Date 04/15/2024 Hello