The URL can be used to link to this page

Browse Search

Home My WebLink About20250856.tiffLorl\-vo, C+ I 242_ March 21, 2025 FACILITIES DEPARTMENT PHONE: (970) 400-2020 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Patrick O'Neill Subject: Centennial Center AHU 3A heating coil replacement The heating coil in air handling unit 3A in the Centennial Center has failed and needs replaced. Through the informal bid process, MTECH Mechanical, is the low bidder and can meet the timeline. Therefore, Facilities is recommending Design Mechanical INC. be awarded the contract in the amount of $5,988.00. If you have any questions, please contact me at extension 2023. Sincerely, Patrick O'Neill Director piepds- 3/2(r)/ZS CC:onbcacb0 chaw'j 3/2.(D/2.5 i3C--M71 2025-0856 SERVICE AGREEMENT BETWEEN WELD COUNTY AND MTECH MECHANICAL THIS AGREEMENT is made and entered into thisilDtIrday of Maych , 2025, by and between the Board of Weld County Commissioners, on behalf of Facilities, hereinafter referred to as "County," and MTECH Mechanical, hereinafter referred to as "Contractor". WHEREAS, County requires an independent contractor to perform the services required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability to perform the required services at or below the cost set forth in the attached Exhibits; and WHEREAS, Contractor is authorized to do business 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 attached 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 be based upon order of attachment. Exhibit A consists of Contractor's Response to County's Request for informal bid quotation. 2. Service or Work. Contractor agrees to procure the 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 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 ends one year later. 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. 1 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Due to the time needed for County to procure replacement services, Contractor may terminate this Agreement for its own convenience upon ninety (90) days written notice to County. 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 completed or partially completed Work 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. 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 Amendment. 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. 6. Compensation. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay Contractor an amount not to exceed $5,988.00 as set forth in the 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 2 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 or agents 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. Any provisions in this Contract that may appear to give the County the right to direct Contractor as to details of doing work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the County as to end results of the work only. The Contractor is obligated to pay all federal and state income tax on any moneys earned or paid pursuant to this contract. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of the 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. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the 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. 10. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy 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, 3 and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent expressed or implied, 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. 11. 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. Contractor shall provide coverage with limits of liability no less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form" basis. Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Colorado and with an "A.M. Best" rating of not less than A -VII. The County in no way warrants that the above -required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. Required Types of Insurance. Workers' Compensation and Employer's Liability Insurance as required by state statute, covering all of 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. Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 100,000 $ 100,000 $ 500,000 Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. The policy shall be endorsed to include the following additional insured language: "County, its elected officials, trustees, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor." 4 Such policy shall include Minimum Limits as follows: Each Occurrence $ 1,000,000 General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Personal/Advertising Injury $ 1,000,000 Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired, and non -owned vehicles operating both on County property and elsewhere in the performance of this Contract. Contractor's Automobile Insurance Policy shall include Minimum Limits as follows: Bodily Injury/Property Damage (Each Accident) $ 1,000,000 12. Proof of Insurance. All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis. The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises. The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Contractor shall name the County, its elected officials, trustees, employees, agents, and volunteers as "Additional Insureds" for work that is being performed by the Contractor. On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. Upon request by the County, Contractor must provide a certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract. Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act. All certificates and endorsements are to be received and approved by the County before work commences. Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this 5 Agreement. Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract. All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address. The project/contract number and project description shall be noted on the certificate of insurance. The County reserves the right to require complete, certified copies of all insurance policies for examination required by this Agreement at any time. Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final. Such action will not require a formal contract amendment but may be made by administrative action. 13. Additional Insurance Related Requirements: The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County. The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit. At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force. Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project. Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project. Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non -renewal, suspension, voided, or material changes to policies required under this Agreement, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given. On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage or limits, cancelled or non -renewed. However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect. The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement. 6 Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County. The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award. 14. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above -described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. 15. 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 prudent, 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. 16. Mutual Cooperation. The County and Contractor shall cooperate with each other in the collection of any insurance proceeds which may be payable in the event of any loss, including the execution and delivery of any proof of loss or other actions required to effect recovery. 17. Indemnity. The Contractor shall defend, indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its officers, officials, agents, and employees, from and against all liabilities, claims, actions, damages, losses, and expenses including without limitation reasonable attorneys' fees and costs (hereinafter referred to collectively as "claims") for bodily injury or personal injury including death, or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree. It is the specific intention of the parties that County shall, in all instances, except for claims arising solely from the negligent or willful acts or omissions of the County, be indemnified by Contractor from and against any and all 7 claims. It is agreed that Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. In consideration for the award of this contract, the Contractor agrees to waive all rights of subrogation against the County, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the County. 18. 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 without 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. 19. Examination of Records. To the extent required by law, the Contractor agrees that a 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. Contractor agrees to maintain these documents for three years from the date of the last payment received. 20. 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. 21. Notices. 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 and received by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Name: Mark Wagner Position: Service Account Manager Address: 12300 Pecos Street Westminster, CO 80234 E-mail: Marc.Wagner@mtechg.com Phone: 970-803-7823 8 TO COUNTY: Name: Patrick O'Neill Position: Facilities Director Address: 1105 H Street Greeley, CO 80631 E-mail: poneill@weld.gov Phone: 970-400-2023 22. 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. 23. 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. 24. 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. 25. 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. 26. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement state 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. 27. 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 requirements) shall survive any such expiration or termination. 28. 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. 9 29. Non -Waiver. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of the monetary limitations or any of the other immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§ 24-10-101 et seq., as applicable now or hereafter amended. 30. 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. 31. 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. 32. 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. 33. No Employment of Unauthorized Aliens - Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an unauthorized alien who will perform work under this Agreement (see 8 U.S.C.A. §1324a and (h)(3)) nor enter into a contract with a subcontractor that employs or contracts with an unauthorized alien to perform work under this Agreement. Upon request, contractor shall deliver to the County a written notarized affirmation that it has examined the legal work status of an employee and shall comply with all other requirements of federal or state law. Contractor agrees to comply with any reasonable request from the Colorado Department of Labor and Employment in the course of any investigation. 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. 34. 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 10 responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 35. Binding Arbitration Prohibited. Weld County does not agree 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, 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: By: Name: Marc Wagner Title: Service Account Manager WELD COUNTY: C ATTEST:WAA ,4, Weld Qounty Clerk to the Board BY: Deputy Clerk to the Board Date of Signature: 3/21/2025 BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO 11 L. Buck, Chair MAR 2 6 2025 ittiniCial MECHANICAL Project: Heating coil replacement on AHU 3A Proposal for: Submitted to: Weld County Julian Rodriguez Date: March 10, 2025 Presented by: Marc Wagner, Service Account Manager 970 803 7823 I Marc.Wagner�mtechq.com ABOUT US MTech Mechanical provides mechanical design, build and maintenance services to a diverse client base across Colorado. We are committed to developing trusted relationships and have the technical expertise to provide turn -key inspired mechanical solutions for projects in all market sectors. As a valuable member of your team, we partner with you to understand your specific goals and needs. For each project. we can help you define your scope, budget and future operating costs. We are committed to partner with you to manage and maintain your scope and total costs. Our teams offer full -service HVAC and plumbing capabilities from offices in Denver, Colorado Springs, Eagle and Loveland, Colorado. From estimating to service, our departments work together to ensure your defined project needs are met. With MTech. you can expect superior craftsmanship and unparalleled service every time. Page 2 of 4 Weld County Site Address 910 10th Avenue Greeley, CO Attention Julian Rodriguez Email jarodriguez@weldgov com Subject Heating coil replacement on AHU 3A Dear Julian, Initial WO # 0 Opp # 25-0872 MTech Mechanical is pleased to submit our pncing to replace the heating coil in AHU 3A Our price includes a one-year warranty on all MTech supplied and installed equipment and workmanship This pncmg is valid for 30 days from the date of this proposal SCOPE 1 Isolate and drain down existing cod 2 Remove old cod and install new cod 3 Open isolation valves and check for leaks 4 Startup and verify proper operation CLARIFICATIONS 1 If MTech matenal pnces increase significantly, the pnce of the proposal shall be equitably adjusted by an amount reasonably necessary to cover any such significant price increases 2 MTech shall not be responsible for costs due to changing matenal lead times or resulting delays 3 All personal protective equipment and necessary tools are included 4 Credit card payments are subject to a 3% increase on total invoice 5 Future electnfication or energy performance requirements by local authorities, the State of Colorado or the City of Denver have not been analyzed as part of this proposal If desired, MTech Energy can provide a feasibility study This work is not included in this proposal's scope or pricing 6 This proposal assumes that the existing building controls, electrical, structural, gas, utilities, etc are all in good working order and sufficient to work with this new equipment Modification of any kind to these existing items is not included in this proposal's scope Page 3 of 4 Opp # 25-0872 EXCLUSIONS 1. Overtime is excluded. 2. Quick ship fees are excluded. 3. Any work not specified in the above scope is excluded. 4. Both parties, Client and MTech, waive claims against each other for consequential damages arising out of or relating to this Agreement. 5. Cost to satisfy any domestic procurement requirements (i.e. Buy American Act; Buy America: Build America, Buy America Act or similar legal requirements) for materials, equipment, suppliers furnished in connection with the proposed scope of work. 6. Costs to comply with prevailing wage requirements (i.e. Davis Bacon or similar state or local laws). PRICING L UMP SUM: $5,988.00 MTech will submit monthly billings for its Work. Failure to object to the billing amount within seven (7) days waives any right to dispute the amount billed. Payments are due 30 days from invoice date. Overdue invoices shall accrue at an interest rate of 3.75% per month. Any cost MTech incurs associated with collecting amounts owed shall be paid by customer, including reasonable attorneys' fees. P lease do not hesitate to call if you have questions or comments concerning this proposal. Work Authorization Signature: Date: P rint Name: Title Return this proposal via e-mail. S incerely, Marc Wagner i Service Account Manager 970 803 7823 CELL 303 650 4000 MAIN 303 650 2882 24/7 SERVICE REQUESTS Page 4 of 4 AC®R®® CERTIFICATE OF LIABILITY INSURANCE DATE (MM//DOD YYYI) 3/7/2025 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(les) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER Holmes Murphy & Associates 2727 Grand Prairie Parkway Waukee IA 50263 CONTACT NAME Paige Shryack PHONE FAX ram. Ext) 515-974-4616 I (A/C, No) a A DDRESS pshryack@holmesmurphy com INSURERS) AFFORDING COVERAGE NAIC # INSURER Zunch Amencan Insurance Company 16535 INSURED MTEMECPC MTech Mechanical Technologies Group Inc 12300 Pecos St Westminster, CO 80234 INSURER The Continental Insurance Company 35289 INSURER C Berkley Assurance Company 39462 INSURER XL Specialty Insurance 37885 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER 1307450769 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 SUBR INSR MD POLICY NUMBER POLICY EFF (MMIDD/YYYI, POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY _ I CLAIMS -MADE II OCCUR GLO4858450 5/1/2024 5/1/2025 EACH OCCURRENCE $1,000,000 PREM SES Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN L AGGREGATE LIMIT APPLIES PER _ POLICY Il JECT El LOC OTHER PRODUCTS COMP/OP AGG $ 2 000 000 $ A AUTOMOBILE LIABILITY X ANY AUTO OWNED AUTOS ONLY X HIRED AUTOS ONLY SCHEDULED AUTOS X NON OWNED AUTOS ONLY BAP4858451 5/1/2024 5/1/2025 COMBINEDSINGLELIMIT (Ea accident) $2,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTYDAMAGE (Per accdent) $ $ B UMBRELLA LIAB X EXCESS LIAB X OCCUR CLAIMS MADE 6080476807 5/1/2024 5/1/2025 EACH OCCURRENCE $10 000,000 AGGREGATE $ 10,000,000 $ DED I I RETENTIONS A WORKERSCOMPENSATION AND EMPLOYERS LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED � (Mandatory In NH) If yes describe under DESCRIPTION OF OPERATIONS below N/A WC4858449 5/1/2024 5/1/2025 X PER OTH STATUTE ER E L EACH ACCIDENT $ 1,000,000 E L DISEASE EA EMPLOYEE $ 1 000,000 E L DISEASE - POLICY LIMIT $ 1 000 000 C D Professwnai/Poiiuhon Installation Floater PCAD850247300524 UM00181596MA24A 5/1/2024 5/1/2024 5/1/2025 5/1/2025 Each Claim/Agg Lund 5 000 000 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached ifmore space Is required) _ RE Centennial Center RTU Heating Cod Weld County, Colorado, its elected officials, its subsidiary, associated and/or affiliated entities, successors, or assigns, employees, agents, and volunteers are additional insured on General Liability as required by written contract with the insured, per policy terms and conditions Waiver of subrogation applies to additional insureds on General Liability and Worker's Compensation as required by wntten contract with the insured, per policy terms and conditions CERTIFICATE HOLDER 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 Weld County 1105 H Street Greeley CO 80631 I AUTHORIZED REPRESENTATIVE )61... ►� Co ACORD 25 (2096/03) @ 1988-2015 ACORD CORPORATION All nghts reserved The ACORD name and logo are registered marks of ACORD Additional Insured — Automatic — Owners, Lessees Or Contractors ZURICH THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY Policy No GLO 4858450 Effective Date 5/1/2024 This endorsement modifies insurance provided under the Commercial General Liability Coverage Part A Section 11— Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured under a wntten contract or wntten agreement executed by you, but only with respect to liability for "bodily Injury", "property damage" or "personal and advertising 'njury" and subject to the following If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements a The Insurance Services Office (ISO) ISO CG 20 10 (10/01 edition), or b The ISO CG 20 37 (10/01 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily Injury", "property damage" or "personal and advertising injury" anses out of (1) Your ongoing operations, with respect to Paragraph 1 a above, or (2) "Your work", with respect to Paragraph 1 b above, which is the subject of the written contract or written agreement However, solely with respect to this Paragraph 1 , insurance afforded to such additional Insured (a) Only applies if the "bodily Injury", "property damage" or "personal and advertising injury" offense occurs dunng the policy period and subsequent to your execution of the wntten contract or written agreement, and (b) Does not apply to "bodily Injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the wntten contract or written agreement specifically requires that you provide such coverage to such additional Insured 2 If such wntten contract or wntten agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements a The Insurance Services Office (ISO) ISO CG 20 10 (07/04 edition), or b. The ISO CG 20 37 (07/04 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily Injury", "property damage" or "personal and advertising Injury" is caused, in whole or in part, by (1) Your acts or omissions, or (2) The acts or omissions of those acting on your behalf, U -GL -2162-A CW (02/19) Page 1 of 4 Includes copynghted material of Insurance Services Office, Inc , with its permission in the performance of (a) Your ongoing operations, with respect to Paragraph 2 a above, or (b) "Your work" and included in the "products -completed operations hazard", with respect to Paragraph 2 b above, which is the subject of the wntten contract or written agreement However, solely with respect to this Paragraph 2 , insurance afforded to such additional insured (i) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement, and (u) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured 3 If neither Paragraph 1 nor Paragraph 2 above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured a Under the ISO CG 20 10 (04/13 edition, any subsequent edition or if no edition date is specified), or b With respect to ongoing operations Of no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury", "property damage" or "personal and advertising injury" is 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, which is the subject of the written contract or written agreement However, solely with respect to this Paragraph 3 , insurance afforded to such additional 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 written agreement to provide for such additional insured, and (c) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement 4 If neither Paragraph 1 nor Paragraph 2 above apply and such ,written contract or written agreement requires that you provide that the person or organization be named as an additional insured a Under the ISO CG 20 37 (04/13 edition, any subsequent edition or if no edition date is specified), or b With respect to the "products -completed operations hazard" Of no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury" or "property damage" is caused, in whole or in part by "your work" and included in the "products -completed operations hazard",`which is the subject of the wntten contract or wntten agreement However, solely with respect to this Paragraph 4 , insurance afforded to such additional insured (1) Only applies to the extent permitted by law, (2) Will not be broader than that which you are required by the wntten contract or written agreement to provide for such additional insured, (3) Only applies if the "bodily injury" or "property damage" occurs during the policy period and subsequent to your execution of the written contract or written, agreement, and (4) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured U -GL -2162-A CW (02/19) Page 2 of 4 Includes copyrighted matenal of Insurance Services Office, Inc , with its permission B Solely with respect to the insurance afforded to any additional insured referenced in Section A. of this endorsement, the following additional exclusion applies This Insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineenng or surveying services including 1 The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications, or 2 Supervisory, inspection, architectural or engineering activities This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineenng or surveying services C Solely with respect to the coverage' provided by this endorsement, the following is added to Paragraph 2 Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions The additional insured must see to it that (1) We are notified as soon as practicable of an "occurrence" or offense that may result in a claim, (2) We receive wntten notice of a claim or "suit" as soon as practicable, and (3) A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or wntten agreement requires that this coverage be primary and non-contributory D Solely with respect to the coverage provided by this endorsement 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions - Primary and Noncontributory insurance This insurance is pnmary to and will not seek contnbution from any other insurance available to an additional insured provided that a The additional insured is a Named Insured under such other insurance, and b You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured 2 The following paragraph is added to Paragraph 4 b of the Other Insurance Condition under Section IV — Commercial General Liability Conditions This insurance is excess over Any of the other insurance, whether pnmary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy ,_providing coverage for the same "occurrence", offense, claim or "suit" This provision does not apply to any - policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis E This endorsement does not apply to an additional insured which has been added to this Coverage Part by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured F Solely with respect to the insurance afforded to an additional insured under Paragraph A 3 or Paragraph A 4 of this endorsement, the following is added to Section III — Limits Of Insurance Additional Insured — Automatic — Owners, Lessees Or Contractors Limit The most we will pay on behalf of the additional insured is the amount of insurance U -GL -2162-A CW (02/19) Page 3 of 4 Includes copyrighted matenal of Insurance Services Office, Inc , with its permission 1 Required by the wntten contract or wntten agreement referenced in Section A of this endorsement, or 2 Available under the applicable Limits of Insurance shown in the Declarations, whichever is less This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations All other terms, conditions, provisions and exclusions of this policy remain the same U -GL -2162-A CW (02/19) Page 4 of 4 Includes copynghted material of Insurance Services Office, Inc , with its permission Waiver Of Subrogation ( Blanket) Endorsement Policy No GLO4858450 Ett Date of Pol Exp Date of Pol Etf Date of End Produce' Add 1 Prem Return Prem 5/1/2024 5/1/2025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Other; To Us Condition If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest U -GL -915-B CW (12/01) Page 1 of 1 POLICY NUMBER BAP4858451 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATE® INSURE® FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form This endorsement does not alter coverage provided in the Coverage Form This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below Named Insured Endorsement Effective Date SCHEDULE Name Of Person(s) Or Organization(s) , ONLY THOSE PERSONS OR ORGANIZATIONS WHERE REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A 1 of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carner Coverage Forms and Paragraph D 2 of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form CA 20 48 10 13 © Insurance Services Office, Inc , 2011 Page 1 of 1 Cover.. ge Extension Endorseme ZU IC THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY Policy No BAP 4858451 Effective Date 05/01/2024 This endorsement modifies insurance provided under the Business Auto Coverage Form Motor Carrier Coverage Form A Amended Who Is An Insured The following is added to the Who Is An Insured Provision in Section II — Covered Autos Liability Coverage The following are also "insureds" a Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business b Anyone volunteenng services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business c. Anyone else who furnishes an "auto" referenced in Paragraphs A 1 a and A 1.b in this endorsement d Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those persons) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the wntten contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less i 2 The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form Coverage for any person(s) or organization(s), where required by wntten contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form I I B Amendment — Supplementary Payments Paragraphs a.(2) and a (4) of the Coverage Extensions Provision in Section II — Covered Autos Liability Coverage are replaced by the following (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover We do not have to furnish these bonds (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work C Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II — Covered Autos Liability Coverage does not apply I Includes copynghted matenal of Insurance Services Office, Inc , with its permissionI 1 U -CA -424-H CW (10/21) Page 1 of 6 D. Driver Safety Program Liability and Physical Damage Coverage 1 The following is added to the Racing Exclusion in Section II — Covered Autos Liability Coverage This exclusion does not apply to covered "autos" participating in a dnver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations 2 The following is added to Paragraph 2. in B. Exclusions of Section III — Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b in B Exclusions of Section IV — Physical Damage Coverage of the Motor Carrier Coverage Form This exclusion does not apply to covered "autos" participating in a dnver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations E Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section Lease Or Loan Gap Coverage In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less a Any amount paid under the Physical Damage Coverage Section of the Coverage Form, and b Any (1) Overdue lease or loan payments at the time of the "loss", (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage, (3) Security deposits not returned by the lessor, (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease, and (5) Carry-over balances from previous leases or loans F Towing and Labor Paragraph A 2 of the Physical Damage Coverage Section is replaced by the following We will pay up to $75 for towing and labor costs incurred each time a covered "auto" that is a "pnvate passenger type", light truck or medium truck is disabled However, the labor must be performed at the place of disablement As used in this provision, "private passenger type" means a private passenger or station wagon type "auto" and includes an "auto" of the pickup or van type if not used for business purposes G. Extended Glass Coverage The following is added to Paragraph A 3 a of the Physical Damage Coverage Section If glass must be replaced, the deductible shown in the Declarations will apply However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived You have the option of having the glass repaired rather than replaced H Hired Auto Physical Damage — Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement We will pay for loss of use expenses if caused by (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto", U -CA -424-H CW (10/21) Page 2 of 6 Includes copynghted material of Insurance Services Office, Inc , with its permission (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to $750 for "loss" to personal effects which are: (1) Personal property owned by an "insured"; and (2) In or on a covered "auto". b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of: (1) The reasonable cost to replace: or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following: (1) Accounts, bills, currency. deeds, evidence of debt, money, notes, securities. or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph B.4.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records. discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto" at the time of "loss". The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". K. Airbag Coverage The Exclusion in Paragraph B.3.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.4.a. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: U -CA -424-H CW (10/21) Page 3 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form Issued to you by us, the following applies for each covered "auto" on a per vehicle basis 1 If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived, or 2 If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible M Temporary Substitute Autos — Physical Damage 1. The following is added to Section I — Covered Autos Temporary Substitute Autos — Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its 1. Breakdown, 2 Repair, 3 Servicing, 4 "Loss", or 5. Destruction 2 The following is added to the Paragraph A Coverage Provision of the Physical Damage Coverage Section Temporary Substitute Autos — Physical Damage We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part If we make any payment to the owner, we will obtain the owner's rights against any other party The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces N Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss" However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you Of you are an individual), a partner Of you are a partnership), a member Of you are a limited liability company) or an executive officer or insurance manager Of you are a corporation) The failure of any agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy Include, as soon as practicable (1) How, when and where the_"accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit", (2) The "Insured's" name and address, and (3) To the extent possible, the names and addresses of any injured persons and witnesses If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you O Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition U -CA -424-H CW (10/21) Page 4 of 6 Includes copynghted matenal of Insurance Services Office, Inc , with its permission This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract This waiver only applies to the person or organization designated in the contract P Employee Hired Autos — Physical Damage Paragraph b of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f of the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own (1) Any covered "auto" you lease, hire, rent or borrow, and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official's duties as respect their obligations to you However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto" Q Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition However, we will not deny coverage under this Coverage Form if you unintentionally (1) Fail to disclose any hazards existing at the inception date of this Coverage Form, or (2) Make an error, omission, improper description of "autos" or other misstatement of information You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy R Hired Auto — World Wide Coverage Paragraph 7 b.(5) of the Policy Period, Coverage Territory Condition is replaced by the following (5) Anywhere else in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, S Bodily Injury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time Mental anguish means any type of mental or emotional illness or disease T Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B Exclusions under Section II — Covered Auto Liability Coverage is replaced by the following J Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured" This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to pirotect persons or property U. Physical Damage — Additional Temporary Transportation Expense Coverage Paragraph A 4 a of Section III — Physical Damage Coverage is replaced by the following 4 Coverage Extensions a Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss" U -CA -424-H CW (10/21) Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc , with its permission V Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A Coverage of the Physical Damage Coverage Section In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybnd "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of $2500 The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source W Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section If a covered "auto" is stolen and recovered, we will pay the cost of transport to return the "auto" to you We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage All other terms, conditions, provisions and exclusions of this policy remain the same U -CA -424-H CW (10/21) Page 6 of 6 Includes copynghted matenal of Insurance Services Office, Inc , 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 ALL PERSONS OR ORGANIZATIONS WHEN REQUIRED BY A WRITTEN CONTRACT. 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 5/1/2024 Policy No WC4858449 Endorsement No Insured MTech Mechanical Technologies Group, Inc. Premium $ Insurance Company Countersigned By WC 00 03 13 (Ed . 4-84) C;nnvrinht 19113 Nntinnal C:niincil nn Cnrnnensatinn Insurance Contract Form Entity Information Entity Name* MTECH MECHANICAL TECHNOLOGIES GROUP INC Entity ID* 000041643 Contract Name* CENTENNIAL CENTER AHU 3A HEATING COIL Contract Status CTB REVIEW Contract ID 9252 Contract Lead* CNAIBAUER Contract Lead Email cnaibauergweld.gov Contract Description* REPLACE DAMAGED HEATING COIL IN AHU 3A AT PLAZA WEST. Contract Description 2 New Entity? Parent Contract ID Requires Board Approval YES Department Project # Contract Type* Department Requested BOCC Agenda Due Date CONTRACT BUILDINGS AND Date* 03'22:'2025 GROUNDS 03 '26;'202 5 Amount* $ 5,988.00 Renewable* NO Automatic Renewal Grant IGA Department Email CM- BuildingGroundsgweld.go v Department Head Email CM-BuildingGrounds- DeptHeadgweld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID 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 Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head PATRICK O'NEILL DH Approved Date 03/21 2025 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 03/26/2025 Review Date 06/02/2025 Committed Delivery Date Contact Type Contact Email Finance Approver CHERYL PATTELLI Renewal Date Expiration Date* 06/02/2025 Contact Phone 1 Contact Phone 2 Purchasing Approved Date Finance Approved Date 03/21/2025 Tyler Ref # AG 032625 Originator CNAIBAUER Legal Counsel ADRIA SCHIEL Legal Counsel Approved Date 03/21,12025 Hello