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Home My WebLink About20232578.tiffCoo -Ka c+ ioS0 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Jail Sewer Grinder Pump Electrical and Site Upgrades Change order. DEPARTMENT: Facilities DATE: 12-5-2023 PERSON REQUESTING: Curtis Naibauer Brief description of the problem/issue: The• sewer lines that the new grinder pumps are to be installed in are deeper than the bid documents show them to be. This requires additional manhole rings and excavation. What options exist for the Board? 1. Deny change order request. 2. Approve change order for the additional work. Consequences: Impacts: Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): A cost breakdown is attached. Recommendation: Add change order to the upcoming agenda for the additional work. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine Con Wrhyncto- 1 ZJl To23 14, cc- (3C. OnP�ge , POR tal'&01D3 1cz3— 251 ��0OZ5 December 5, 2023 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: Jail Sewer Grinder Pump Electrical and Site Upgrades - Change Order #1- 2023-2578 Top Notch plumbing was awarded the bid for the jail sewer grinder pump installation. The bid documents for the project show the 3 existing sewer lines to be approximately 8' deep. During an investigation by the contractor, the sewer lines were found to be deeper than that. This will require additional concrete rings that form the manhole to be purchased and installed as well as the additional excavation for them. Therefore, the Facilities Department is recommending approving this Change Order in amount of $9,337.00. If you have any questions, please contact me at extension 2027. Sincerely, Curtis Naibauer Interim Director CHANGE ORDER #1 TO SERVICE AGREEMENT BETWEEN WELD COUNTY AND TOP NOTCH PLUMBING Date: December 5, 2023 Original Agreement: Weld County Document no. 2023-2578 County Department: FACILITIES The parties hereby agree to amend the work to be completed pursuant to the Original Agreement in accordance with the terms of this Change Order. 1. Contractor agrees to provide the amended services as described in the attached Exhibit, which is hereby incorporated into the Agreement. 2. Department agrees to compensate Contractor for said amended services in accordance with the Exhibit. 3. The amount of the contract is adjusted as follows: $ 560,905.00 Original Contract Amount $ 0.00 Previously Approved Change order(s) Amount $ 9,337.00 Current Change Order Amount $ 570,242.00 New Contract Total All other terms and conditions of the Original Agreement remain unchanged. CONTRACTOR: - By: Name: Title: Date /2 -//- z O2 3 ` C� BOARD OF COUNTY COMMISSIONERS ATTEST: � v• 'A WELD COUNTY, COLORADO Weld C un Clerk to the Boa d BY: Deputy Cle , Chair Pro-Tem GEC 1 8 2a23 a0a- O57r Exhibit A TOP NOTCH PLUMBING LIB 1913 9th Street Greeley, CO. 80631 Estimating 970.567.2890 PROJECT: Jail Grinders TOP NOTCH PLUMBING LLC. CHANGE ORDER 11/20/23 SCOPE: As for the manhole height, we have quoted the dome manholes with a barrel height of 84". However, the site inspection has determined the invert elevations on the G2 and G3 grinders to be 104" and 137". The first G2 Dome Manhole grade to invert of 104" would have an elevation change of +8". The adder to make this change is $1,157.00. The second G3 Dome Manhole grade to invert of 137" would have an elevation change of +41". The adder to make this change is $5,931.00. There will not be a price change requirement for the 01 manhole lid as there is only a 2" increase in height that will not hinder entrance. MATERIAL: $7,088.00 LABOR: $0.00 Excavation: $1,400.00 OH&P (10%): $849.00 TOTAL: $9,337.00 tr ct Entity Information Entity Name * Entity ID* Q New Entity? TOP NOTCH PLUMBING LLC @00040582 Contract Name JAIL SEWER GRINDER PUMP (2023-2578) Contract Status CTB REVIEW Contract Description CHANGE ORDER # 1 ADDITIONAL CONCRETE RINGS Contract Description 2 Contract Type * CHANGE ORDER Amount* $9,337.00 Renewable * NO Automatic Renewal Grant IGA Contract ID 7680 Contract Lead SGEESAMAN Contract Lead Email sgeesaman@co.weld.co.0 s;Iredfern@weldgov.com Parent Contract ID Requires Board Approval YES Department Project # Department Requested BOCC Agenda Due Date BUILDINGS AND Date* 12/16/2023 GROUNDS 12/20/2023 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 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP #* B2300156 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 Review Date* 07/08/2024 Committed Delivery Date Renewal Date Expiration Date* 08/01/2024 Contact Info Contact Name Contact Type Contact Email Contact Phone I Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date TOBY TAYLOR 12/13/2023 Approval Process Department Head Finance Approver Legal Counsel CURTIS NAIBAUER CHERYL PATTELLI BRUCE BARKER DH Approved Date Finance Approved Date Legal Counsel Approved Date 12/12/2023 12/13/2023 12/13/2023 Final Approval BOCC Approved Tyler Ref # AG 121823 BOCC Signed Date Originator SGEESAMAN BOCC Agenda Date 12/18/2023 Con-hvacki--1,-►?z AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & TOP NOTCH PLUMBING LLC JAIL SEWAGE GRINDER PUMP ELECTRICAL & SITE UPGRADE PROJECT THIS AGREEMENT is made and entered into this Fl ay of Opi-ote.r_, 2023, 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 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 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. B2300156. Exhibit B consists of Contractor's Response to County's Request for Bid. 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 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. conw Ib/4/Z3 cc.: &o ©cro►se 1O1O91 a3 ao;0-ag7y 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 not more than thirty (30) days. Such extension 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) the 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 $560.905.00, 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 of 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 other 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, "CONFIDENTIAL". 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 in 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, etc., 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 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. 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 defined 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 transported to the construction installation site, or awaiting installation, whether on or off site. 2) Such Builders' Risk Insurance shall be 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 floodplain. 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 to 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 the 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 herein. 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 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. 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 Contractor 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 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. 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: Name: Matthew Tipton (X,`. p d U v1 V i l Position: Address: 3005 W. 29th Street - S v‘' k- P adrian@topnotchplumbinglIc.com Address: Greeley, CO 80631 E-mail: mattna,topnotchplumbingllc.com Phone: 970-404-7586 County: Name: Toby Taylor Position: Facilities Director Address: 1105 H Street Address: Greeley, CO. 80632 E-mail: ttaylorcH.weldgov.com Phone: 970-400-2021 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 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. 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 §§24-10-101 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 C.R.S. §8-17.5-101. 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 of the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). 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, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, 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 the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., 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 pursuant to C.R.S. § 24-76.5-103(4), 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 C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 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 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 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: To Notch Plumbin LLC By.i Name: Title: o WELD COUNTY: ATTEST: ditnis Weld County Clerk to the Boar B Deputy Clerk to the Board 9/26/2023 Date of Signature BOARD OF COUNTY COMMISSIONERS LD COUNTY, COLORADO 31-02,---_ Freeman, Chair 0CT 0 4 2323 (72.o022 -O.178 Exhibit A REQUEST FOR BID WELD COUNTY, COLORADO 1301 N. 17TH AVENUE GREELEY, CO 80631 DATE: AUGUST 2, 2023 BID NUMBER: B2300156 DESCRIPTION: JAIL SEWAGE GRINDER PUMP ELECTRICAL & SITE UPGRADE DEPARTMENT: FACILITIES MANDATORY PRE -BID: AUGUST 16, 2023 BID OPENING DATE: AUGUST 30, 2023 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: JAIL SEWAGE GRINDER PUMP ELECTRICAL & SITE UPGRADE A mandatory pre -bid conference will be held on August 16, 2023 at 1:00 PM at the Weld County Jail lobby located at 2110 O Street, Greeley, CO 80631. Bidders must participate and record their presence at the pre - bid conference to be eligible to submit bids. Bids will be received until: August 30, 2023 at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on August 30, 2023 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: 940 707 9# 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. 1. 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 crweldgov.com; 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 not 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, entitled, "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 understood 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 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. 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 #B2300156 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 necessary, 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 not 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 n or 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 enforcement 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 or 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 #B2300156 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 u njustly 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 n ot 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 o bligation) 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. O. 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 #B2300156 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 o bligations 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 o r 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 u nenforceable 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 #B2300156 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 payments 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 writing by County. 6. INSURANCE REQUIREMENTS: Insurance and Indemnification. 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 required 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 reduction 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. The 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 employees, 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 or 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 termination 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 contract, the Contract Professional 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 Contract Professional BID REQUEST #B2300156 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 e mployment. 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 u nder 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 o perating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. P rofessional 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 P rofessional 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 #B2300156 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 #B2300156 Page 8 SCOPE OF WORK Weld County Jail Sewage Grinder Pump Electrical and Site Upgrades PROJECT OVERVIEW: This project is a turn -key lump sum project to upgrade three sanitary lines with three individual grinder pumps for the Weld County Jail located at 2110 0 Street, Greeley, Colorado 80631. METHOD OF PROCUREMENT: Request for Bid (REB): is a procurement method often referred to as a sealed bid solicitation. When issued. the bid package is considered complete for bidding purposes. Responsiveness to the solicitation's terms and conditions are required. Incomplete or non -responsive bids will be eliminated from consideration. Low price is the key consideration by Weld County in awarding an RFB the contract. Project documents and specifications have been provided per the following attachment to this bid. PROJECT SCOPE: The scope of this project is for the complete installation of three separate grinder pumps and associated equipment. This is a turn -key project which the contractor will be responsible for completing all extents of the project as outlined and specified in the project contract documents that have been provided as part of this bid request. These scopes shall be included in the bid price and construction schedule. This also includes all additions, alterations, and new work required for a complete and code compliant finished product. This will include but not necessarily limited to earthwork, plumbing, electrical activities for the installation of three grinder pumps. It is the contractor's responsibility at the time of bid to ensure all project specifications and requirements have been considered and included in their bid submission. ATTACHMENTS: The attachments listed below will become part of this bid and are available on BidNet. Attachment A: Weld County Project Documents Attachment B: Construction Documents PROJECT SPECIFIC TERMS AND CONDITIONS: 1. 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 2. 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 source will not be permitted. If additional resources are needed to clarify or answer an RFI the County project manager will coordinate as needed. 3. 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. BID REQUEST #B2300156 Page 9 4. The contractor will provide a full-time qualified representative on site while any work is being performed. 5. Contractor is responsible for all material handling and deliveries. Weld County will not accept any deliveries made to the building. The contractor will use the work area(s) for any onsite storage that may be needed. 6. Contractor shall not commence work until all parts have arrived. 7. Contractor is responsible for having an up-to-date list of employees accessing the building. Contractor employees and their subcontractors will need to submit background checks prior to entering the Jail. The Weld County Project Manager will provide background forms prior to starting work. 8. This facility is operational 24/7. Work can be done during regular hours. The contractor is to coordinate all plumbing and electrical shutdowns three weeks prior to the scheduled event. It is the contractor's responsibility to provide Weld County a weekly schedule update showing all activities including disruptive work that impedes Jail's operations. 9. The contractor is responsible for all daily cleanup and ensuring that all materials or equipment have been properly stored in the designated areas at the end of each shift to ensure normal building operations are not interrupted. If at any time Weld County personnel or contractors have to clean or move materials or equipment that were not properly stored the contractor will assume all associated costs. 10 Contractor will be responsible to provide any temporary lighting or power that may be needed to complete the scope of work. 11. Contractor is responsible for all private and public locates for the entirety of this project. 12. All earthwork and potholing to be included in the bid. 13. Contactor is responsible for replacing all landscaping, curb and gutter, concrete, or asphalt that is removed for this project. Pavement marking to be re -striped if applicable. 14. Contractor to include coordination and scheduling for commission per the specification. PROJECT CLOSE OUT: 1. Contractor will provide all manufacturer's warranty documentation as well as all equipment manuals. 2. Contractor will provide a maintenance schedule for all systems and/or equipment as required to maintain all warranties. 3. Contractor will host a Project Closeout meeting with all contractors, design team, and Weld County personnel associated with this project. 4. At project close-out, provide all maintenance manuals, including operation and maintenance instructions, parts listing with sources indicated, recommended parts inventory listing, emergency instructions, and similar information. Include all diagnostic and repair information available to manufacturer's and installer's maintenance personnel. A digital copy of these records to be reviewed and approved by Weld County. After review and approval, the contractor will be required to provide 2 (two) hard copies of these records to the Weld County Project Manager. WELD COUNTY STANDARD TERMS AND CONDITIONS: 1. All damages to building structure and finishes shall be repaired to original condition as a part of this contract. 2. 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. 3. Contractor is responsible for the coordination and scheduling of all inspections that are required for all scopes per the conditions of the Weld County Building Permit. Please note that the Weld County Building Department does not complete inspections during off hours. The contractor will be responsible for having a qualified representative on site for any inspection. 4. All electrical work will be done by a qualified State Licensed electrician. 5. All plumbing work will be done by a qualified State Licensed plumber. BID REQUEST #B2300156 Page 10 6. All mechanical work will be done by a qualified State Licensed technician. 7. 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. 8. All lifting and hoisting equipment shall be provided by the contractor as needed. 9. Work will comply with all applicable Federal, State and local laws, ordinances and regulatory requirements. 10. No bid bond is required for this project. 11. Bids over $50,000 will require a payment (100%) and performance (100%) bond. Performance and payment bonds must be submitted using an AIA-312 bond form. Other bond forms will not be accepted. 12. Contractor will be required to provide professional liability insurance (PLI) and builders risk insurance in the amount of the bid. 13. 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. 14. Weld County is a tax-exempt entity. 15. Davis -Bacon and Buy American requirements are NOT required. 16. Contractor to provide lien releases with each AIA payment application. 17. Contractor must submit all payment applications in AIA format. 18. Five (5) percent retainage is to be held for the total cost of the project including any additional change orders or increases in cost from original contract. Contractor must show the applicable retainage on each payment application. 19. Contractor will be required to enter into a standard Weld County contract for this service. A standard Weld County contract is available through the Weld County Purchasing department and is available for viewing upon request. SCHEDULE: 1. Contractor is responsible for providing and maintaining a three week look ahead schedule throughout the life of this project. Below is the anticipated schedule for this project: Date of this Bid Advertisement Date Pre -bid conference Bid Questions Due Bids Are Due Bid Award Notice Contract Execution Construction Start Construction Finish August 2, 2023 August 2, 2023 August 16, 2023 August 23, 2023 August 30 2023 September 18, 2023 October 2, 2023 Immediately following Contract. January 1, 2024 BID REQUEST #B2300156 Page 11 PROPOSED DATES: Please provide proposed schedule dates with the expectation of contract execution being October 2, 2023. START DATE COMPLETION DATE TOTAL LUMP SUM COST: FACILITY SUM COST LUMP JAIL WELD COUNTY TOTAL LUMP SUM COST $ BID REQUEST #B2300156 Page 12 BID SUBMITTAL INSTRUCTIONS: The following items must be completed and submitted with your bid deadline of 10:00 AM on August 30, 2023: 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 #B2300156 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. #B2300156. 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 Mike Freeman, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller PSRFB0323 BID REQUEST #B2300156 Page 14 Exhibit B SCOPE OF WORK Weld County Jail Sewage Grinder Pump Electrical and Site Upgrades PROJECT OVERVIEW: This project is a turn -key lump sum project to upgrade three sanitary lines with three individual grinder pumps for the Weld County Jail located at 2110 0 Street, Greeley, Colorado 80631. METHOD OF PROCUREMENT: Request for Bid (RFB): is a procurement method often referred to as a sealed bid solicitation. When issued, the bid package is considered complete for bidding purposes. Responsiveness to the solicitation's terms and conditions are required. Incomplete or non -responsive bids will be eliminated from consideration. Low price is the key consideration by Weld County in awarding an RFB the contract. Project documents and specifications have been provided per the following attachment to this bid. PROJECT SCOPE: The scope of this project is for the complete installation of three separate grinder pumps and associated equipment. This is a turn -key project which the contractor will be responsible for completing all extents of the project as outlined and specified in the project contract documents that have been provided as part of this bid request. These scopes shall be included in the bid price and construction schedule. This also includes all additions, alterations, and new work required for a complete and code compliant finished product. This will include but not necessarily limited to earthwork, plumbing, electrical activities for the installation of three grinder pumps. It is the contractor's responsibility at the time of bid to ensure all project specifications and requirements have been considered and included in their bid submission. ATTACHMENTS: The attachments listed below will become part of this bid and are available on BidNet. A Attachment A: Weld County Project Documents A Attachment B: Construction Documents PROJECT SPECIFIC TERMS AND CONDITIONS: 1. 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. 2. 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 source will not be permitted. If additional resources are needed to clarify or answer an RFI the County project manager will coordinate as needed. 3. 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. BID REQUEST #82300156 Page 9 4. The contractor will provide a full-time qualified representative on site while any work is being performed. 5. Contractor is responsible for all material handling and deliveries. Weld County will not accept any deliveries made to the building. The contractor will use the work area(s) for any onsite storage that may be needed. 6. Contractor shall not commence work until all parts have arrived. 7. Contractor is responsible for having an up-to-date list of employees accessing the building. Contractor employees and their subcontractors will need to submit background checks prior to entering the Jail. The Weld County Project Manager will provide background forms prior to starting work. 8. This facility is operational 24/7. Work can be done during regular hours. The contractor is to coordinate all plumbing and electrical shutdowns three weeks prior to the scheduled event. It is the contractor's responsibility to provide Weld County a weekly schedule update showing all activities including disruptive work that impedes Jail's operations. 9. The contractor is responsible for all daily cleanup and ensuring that all materials or equipment have been properly stored in the designated areas at the end of each shift to ensure normal building operations are not interrupted. If at any time Weld County personnel or contractors have to clean or move materials or equipment that were not properly stored the contractor will assume all associated costs. 10. Contractor will be responsible to provide any temporary lighting or power that may be needed to complete the scope of work. 11. Contractor is responsible for all private and public locates for the entirety of this project. 12. All earthwork and potholing to be included in the bid. 13. Contactor is responsible for replacing all landscaping, curb and gutter, concrete, or asphalt that is removed for this project. Pavement marking to be re -striped if applicable. 14. Contractor to include coordination and scheduling for commission per the specification. PROJECT CLOSE OUT: I. Contractor will provide all manufacturer's warranty documentation as well as all equipment manuals. 2. Contractor will provide a maintenance schedule for all systems and/or equipment as required to maintain all warranties. 3. Contractor will host a Project Closeout meeting with all contractors, design team, and Weld County personnel associated with this project. 4. At project close-out, provide all maintenance manuals, including operation and maintenance instructions, parts listing with sources indicated, recommended parts inventory listing, emergency instructions, and similar information. Include all diagnostic and repair information available to manufacturer's and installer's maintenance personnel. A digital copy of these records to be reviewed and approved by Weld County. After review and approval, the contractor will be required to provide 2 (two) hard copies of these records to the Weld County Project Manager. WELD COUNTY STANDARD TERMS AND CONDITIONS: I. All damages to building structure and finishes shall be repaired to original condition as a part of this contract. 2. 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. 3. Contractor is responsible for the coordination and scheduling of all inspections that are required for all scopes per the conditions of the Weld County Building Permit. Please note that the Weld County Building Department does not complete inspections during off hours. The contractor will be responsible for having a qualified representative on site for any inspection. 4. All electrical work will be done by a qualified State Licensed electrician. 5. All plumbing work will be done by a qualified State Licensed plumber. BID REQUEST #B2300156 Page 10 6. All mechanical work will be done by a qualified State Licensed technician. 7. 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. 8. All lifting and hoisting equipment shall be provided by the contractor as needed. 9. Work will comply with all applicable Federal, State and local laws, ordinances and regulatory requirements. 10. No bid bond is required for this project. 11. Bids over $50,000 will require a payment (100%) and performance (100%) bond. Performance and payment bonds must be submitted using an AIA-312 bond form. Other bond forms will not be accepted. 12. Contractor will be required to provide professional liability insurance (PLI) and builders risk insurance in the amount of the bid. 13. 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. 14. Weld County is a tax-exempt entity. 15. Davis -Bacon and Buy American requirements are NOT required. 16. Contractor to provide lien releases with each AIA payment application. 17. Contractor must submit all payment applications in AIA format. 18. Five (5) percent retainage is to be held for the total cost of the project including any additional change orders or increases in cost from original contract. Contractor must show the applicable retainage on each payment application. 19. Contractor will be required to enter into a standard Weld County contract for this service. A standard Weld County contract is available through the Weld County Purchasing department and is available for viewing upon request. SCHEDULE: 1. Contractor is responsible for providing and maintaining a three week look ahead schedule throughout the life of this project. Below is the anticipated schedule for this project: Date of this Bid Advertisement Date Pre -bid conference Bid Questions Due Bids Are Due Bid Award Notice Contract Execution Construction Start Construction Finish August 2, 2023 August 2. 2023 August 16, 2023 August 23, 2023 August 30, 2023 September 18, 2023 October 2, 2023 Immediately following Contract. January 1, 2024 BID REQUEST #B23001'56 Page 11 PROPOSED DATES: Please provide proposed schedule dates with the expectation of contract execution being October 2, 2023. START DATE _10/29/23 COMPLETION DATE 11/29/23 TOTAL LUMP SUM COST: FACILITY LUMP SUM COST WELD COUNTY JAIL TOTAL LUMP SUM COST $ 560 905.110 BID REQUEST #B2300056 Page 12 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 August 30.2023: 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 them are any exclusions or contingencies submitted with your bid it may be disqualified. BID REQUEST #B2300156 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. #B2300156. 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 Matthew Tipton (Please print) BUSINESS 3005 W. 29th Street ADDRESS DATE 8/29/23 CITY,Greeley STATE:CO ZIP: 80631 TELEPHONE N970.404.7586 FAX TAX ID # 81-4059026 SIGNATURE NCtt`L`/rte E-MAIL matt@topnotchplumbingllc.com 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: Weld County Clerk to the Board BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board Mike Freeman, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller PSRFB0323 BID REQUEST #B2300156 Page 14 TOP NOTCH PLUMBING LLC. TOPNOTCH PLUMBING LEE 3005 W. 29th street unit D Greeley, CO. 80631 Estimating 970.404.7586 PROJECT: BID NUMBER: B2300156 DESCRIPTION: JAIL SEWAGE GRINDER PUMP ELECTRICAL & SITE UPGRADE PROPOSAL 8/29/23 SCOPE: -Provide locates and pothole existing sewer and utilities. -Saw-cut, remove and haul away asphalt and concrete for trenching. -Excavate for (3) grinder stations and haul -off spoils. -Provide trench boxes. -Provide trench for electrical. -Provide (3) 6'x6' concrete anchor pads for grinders -Provide (3) muffin monster grinder stations complete w/ manholes, grinder, lifting cable and lid/cover. -Provide piping and clean -outs -Backfill with native spoils or import material if needed. -Patch & repair asphalt, sidewalk, curb and gutter. -Import 3 loads of landscape rock and re -landscape around West grinder station. -Provide (3) electrical control panels for grinders. -Provide electrical including: One raceway from electrical room #136 through ceiling to surface, mounted on wall to underground to trough, to two disconnects, to (2) control panels, to the vaults. -One raceway from electrical room #149 through hard lid ceiling, surface mounted on wall to underground to disconnect, to control panel, to vault. -Pull wire through new conduits. -Run PVC conduits underground to vaults. -Pull wire to vaults. -Terminate grinders in vaults. -Test electrical equipment. -Install over current protection (breaker and Vacu switch) in panel EDC, & EDP -Includes factory start-up and calibration of grinder stations. -Includes Permits & Fees -Includes a Superintendent for the entire project. BASE BID TOTAL: $534,195.00 Add 5% for bond if required. $26,710.00 1 OF 2 ACKNOWLEDGMENTS: Bid excludes tax. Bid from plans dated 7/28/23 Estimate excludes Davis Bacon prevailing wages. Estimate will be honored for 30 days. GENERAL EXCLUSIONS: Any work not included in scope above shall be done only upon a written change order. Bonding by others (additional 5%) Dust control De -watering Weather Protection Frost/Rock Excavation Snow Removal Weekend/Night Work Respectfully Submitted, /�/latt w 7 -K Matthew Tipton I Project Manager 2 OF 2 f-) Higginbotham'. Insurance and Financial Services August 11, 2023 Regarding: Top Notch Plumbing, LLC Bondability. To Whom It May Concern: Our client, Top Notch Plumbing, is a bondable contractor with a long standing relationship with an AM Bests A rated Surety, a Surety listed on the U.S. Department of the Treasury's Listing of Approved Sureties (Department Circular 570). The work contemplated for you is well within the class, size, recent work experience and bonding capacity of Top Notch. We see nothing adverse that would prevent Top Notch from bonding in excess of $400,000 per contract with an aggregate in excess of $400,000, given: 1. Contract Terms that are Acceptable to the Surety 2. Satisfactory Evidence of Project Funding 3. Maintenance of Normal Underwriting Considerations Top Notch is a valued client. We have worked with them professionally in bonding and property/casualty insurance for many years. We consider them friends. Please feel free to contact me personally should you need additional information. Sincerely, Chris Rea Bond Agent. CLCS Executive Vice President 3630 Sinton Road, Suite 200, Colorado Springs, CO 80907 • (719)590-9990 • FAX (719) 590-9992 Denver Office: 225 Union Blvd., Suite S7S, Lakewood, CO 80228 • (720) 962-0930 • FAX (720) 962-0942 www.Six-Geving.com Form W-9 (Rev. October 2018) PeDspavnsn of the huuucy nai Revenue Service Request for Taxpayer Identification Number and Certification I. Go to www.irugov/FonnW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS. ro a ai e 0 u O 't ao I Name (as shown an your income tax return). Name is required on this line; do not leave this line blank. Top Notch Plumbing LLC 4 Business name/disregarded entity name, if dffterent from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. ❑ Individual/sole proprietor or 0 C Corporation 0 S Corporation 0 Partnership 0 Trust/estate single -member LLC ❑✓ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Pannership) ► S Note: Check the appropriate box In the line above for the tax classification of the single -member owner. Do not check LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that Is disregarded from the owner should check the appropriate box for the tax classification of Its owner. ❑ Other (see Instructions) ► s Address (number, street, and apt. or suite no.) See instructions. 3005 W 29th St Unit D 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (If any) Exemption from FATCA reporting code (if any) fipple toantemaintained outs. the V.3.1 City, state, and ZIP code Greeley, CO 80631 7 List account number(s) here (optional) Requester's name and address (option. • Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, 0 is your employer identification number (EIN). If you do not have a number, see How to get a 17N,, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the. Requester for guidelines on whose number to enter. WM Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer Identification number (or 1 am waiting fora number to be issued to me); and 2.1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that 1 am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3.1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification Instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct 11N. See the instructions for Part II, later. Sign I Signeturo of Here I u.S, person ► Social security number I I or Employer identification number 8 4 0 5 9 0 2 6 1,/ ZY General Instructions G' Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TiN) which may be your social security number (SSN), individual taxpayer identification number (111N), adoption taxpayer identification number (ATIN), or employer identification number (4N), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of Information returns include, but are not limited to, the following. • Form t 099-INT (interest earned or paid) rata. eS•-.7 - 2O23 • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Fomt 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Fenn W-9 only if you area U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a 77N, you might be subject to backup withholding. See What is backup withholding, later. C. No. 10231X Fonn W-9 (Rev. 10-2018) ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 09/21 /2023 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 1601 E Eisenhower Blvd Loveland CO 80537 CONTACT Wendy Martinez AME: (IaC NNo, Ext1: (970) 667-2145 I :6C, No): (970) 669-9295 ADDREE-MAIL SS: WENDY@WEEDINAGENCY.COM INSURER(S) AFFORDING COVERAGE NAIL # INsuRERA, Auto -Owners Insurance Company INSURED Top Notch Plumbing LLC 3005 W 29th St, Unit D Greeley CO 80631 INSURER B : Pie Insurance Services wsuRER c : Evanston Insurance Company INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 23-24 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 CONTRACTOR 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. I'M TYPE OF INSURANCE ADDL Syyyp POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY ICLAIMS -MADE ® OCCUR Y Y 74373996 03/13/2023 03/13/2024 EACH OCCURRENCE $ 1,000,000 39,06336) $ 300,000 MED EXP (Any one person) $ 10'000 pER$GNALBAG, iNJURY $ 1,000,000 GENERAL AGGREGATE $ 2'000'000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY Ei PROT O LOC JEC OTHER: Amended Aggregates PRODUCTS - COMP/OP AGG $ 2,000,000 General & Comp/Ops $ 4,000,000 A AUTOMOBILE LIABILITY X ANY AUTO OWNED _ AUTOS ONLY HIRED AUTOS ONLY - SCHEDULED AUTOS NON -OWNED AUTOS ONLY Y Y 5437399600 03/13/2023 03/13/2024 COMBINdeEDnt)SINGLE LIMIT (Ea acci 000 $ 1'0,00 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) A X UMBRELLALIAB EXCESS LIAR X OCCUR CLAIMS -MADE Y Y 5437399601 03/13/2023 03/13/2024 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 $ X DED I I RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y / N ANYPRoryin NORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, de vi under DESCRIPTION OF OPERATIONS below NIA Y WC11750400 03/13/2023 03/13/2024 XI STATUTE I I EORH E.L. EACH ACCIDENT 1 ,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000'000 $ C Contractor's Pollution Liability Y Y CPLMOL117577 06/05/2023 06/05/2024 Per Occurrence General 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) Project: Weld County Jail - Sewage Grinder Pump Electrical and Site Upgrades: When required by written contract, Weld County, its officers, agents, employees and all other parties as required by written contract are additional insured. Coverage is Primary and Non-contributory. A Waiver of Subrogation applies as per the policy forms and conditions. A Per Project Aggregate applies to the General Liability. A Notice of Cancellation applies as per the policy forms and conditions. CERTIFICATE HOLDER CANCELLATION Weld County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Building Department AUTHORIZED REPRESENTATIVE 1402 N. 17th Avenue Greeley 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 55373 (5-17) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Under SECTION II - WHO IS AN INSURED is amended. The following provision is added. A person or organization is an Additional Insured, only with respect to liability caused, in whole or in part, by "your work" for that Additional Insured by or for you: 1. If required in a written contract or agreement; or 2. If required by an oral contract or agreement only if a Certificate of Insurance was issued prior to the loss indicating that the person or organiza- tion was an Additional Insured. B. SECTION III - LIMITS OF INSURANCE is amended. The following provision is added. The limits of (ability for the Additional Insured are those specified in the written contract or agreement between the insured and the owner, lessee or con- tractor or those specified in the Certificate of Insur- ance, if an oral contract or agreement, not to exceed the limits provided in this policy. These limits are inclusive of and not in addition to the limits of insurance shown in the Declarations. C. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended. 1. The following condition is added to 4. Other Insurance. This insurance is primary for the Additional Insured, but only with respect to liability caused, in whole or in part, by "your work" for that Addi- tional Insured by or for you. Other insurance available to the Additional Insured will apply as excess insurance and not contribute as primary insurance to the insurance provided by this endorsement. 2. The following condition is added. Other Additional Insured Coverage Issued By Us If this policy provides coverage for the same loss to any Additional Insured specifically shown as an Additional Insured in another endorsement to this policy, our maximum limit of insurance under this endorsement and any other endorse- ment shall not exceed the limit of insurance in the written contract or agreement between the insured and the owner, lessee or contractor, or the limits provided in this policy, whichever is less. Our maximum limit of insurance arising out of an "occurrence", shall not exceed the limit of insurance shown in the Declarations, regard- less of the number of insureds or Additional Insureds. All other policy terms and conditions apply. 55373 (5-17) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 Agency Code 32-0017-00 55885 (5-17) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is agreed: SECTION III - LIMITS OF INSURANCE is amended. The following provision is added. Beginning with the effective date of this policy, we will provide twice the General Aggregate Limit (other than Products -Completed Operations), shown in the Declarations. If this policy is written for more than one 12 month period, the General Aggregate Limit for each 12 month period shall never exceed twice the General Aggregate Limit shown in the Declarations. The General Aggregate Limit applies separately to each 12 month period starting with the beginning of the policy period shown in the Declarations. All other policy terms and conditions apply. 55885 (5-17) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 Agency Code 32-0017-00 55091 (5-17) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY PLUS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. EXTENDED WATERCRAFT LIABILITY SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIA- BILITY, 2. Exclusions is amended. Exclusion g.(2) is deleted and is replaced by the following exclusion. (2) A watercraft you do not own that is: (a) Less than 50 feet long; and (b) Not being used to carry persons or property for a charge; 2. HIRED AUTO AND NON -OWNED AUTO LIABILITY Coverage for "bodily injury" and "property damage" liability provided under SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY, is extended as follows under this item, but only if you do not have any other insurance available to you which affords the same or similar coverage. Coverage We will pay those sums the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" arising out of the main- tenance or use of an "auto": a. You do not own; b. Which is not registered in your name; or c. Which is not leased or rented to you for more than ninety consecutive days and which is used in your business. Exclusions With respect to only HIRED AUTO AND NON - OWNED AUTO LIABILITY, the exclusions which apply to SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, other than the Nuclear Energy Liability Exclusion Endorsement, do not apply. The following exclusions apply to this coverage. This coverage does not apply to: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. b. Any obligation of the insured under a workers compensation, disability benefits or unemploy- ment compensation law or any similar law. c. (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened dis- charge, dispersal, seepage, migration, re- lease or escape of "pollutants": (a) That are, or are contained in any prop- erty that is: 1) Being transported or towed by, han- dled or prepared for placement into or upon, or taken from the "auto"; 2) Otherwise in the course of transit by you or on your behalf; or 3) Being disposed of, stored, treated or processed into or upon the "auto"; (b) Before such "pollutants" or property con- taining "pollutants" are moved from the place they are accepted by you or any- one acting on your behalf for placement into or onto the "auto"; or (c) After such "pollutants" or property con- taining "pollutants" are removed from the "auto" to where they are delivered, disposed of or abandoned by you or anyone acting on your behalf. Paragraph c.(1)(a) does not apply to "pol- lutants" that are needed or result from the normal mechanical, electrical or hydraulic functioning of the "auto" or its parts, if the discharge, release, escape, seepage, mi- gration or dispersal of such "pollutants" is directly from a part of the "auto" designed to hold, store, receive or dispose of such "pollutants" by the "auto" manufacturer. 55091 (5-17) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 6 Agency Code 32-0017-00 Paragraphs c.(1)(b) and c.(1)(c) do not ap- ply, if as a direct result of maintenance or use of the "auto", "pollutants" or property containing "pollutants" which are not in or upon the "auto", are upset, overturned or damaged at any premises not owned by or leased to you. The discharge, release, es- cape, seepage, migration or dispersal of the "pollutants" must be directly caused by such upset, overturn or damage. (2) Any loss, cost or expense arising out of any: (a) Request, demand or order that any in- sured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants"; or (b) Claim or "suit" by or on behalf of a gov- ernmental authority for damages be- cause of testing for, monitoring, cleaning up, removing, containing, treating, de- toxifying or neutralizing, or in any way responding to, or assessing the effects of "pollutants". d. "Bodily injury" or "property damage" however caused, arising directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any govern- ment, sovereign or other authority using mili- tary personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. "Bodily injury" or "property damage" for which the insured is obligated to pay damages by rea- son of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subse- quent to the execution of the contract or agreement. However, if the insurance under this policy does not apply to the liability of the insured, it also does not apply to such liability assumed by the insured under an "insured contract". (2) That the insured would have in the absence of the contract or agreement. f. "Property damage" to: (1) Property owned or being transported by, or rented or loaned to any insured; or (2) Property in the care, custody or control of any insured other than "property damage" to a residence or a private garage by a private passenger "auto" covered by this coverage. g. (1) "Bodily injury" to: (a) An "employee" of the insured arising out of and in the course of employment by the insured; or (b) The spouse, child, parent, brother or sis- ter of that "employee" as a consequence of Paragraph g.(1)(a). (2) This exclusion applies: (a) Whether the insured may be liable as an employer or in any other capacity; and (b) To any obligation to share damages with or repay someone else who must pay damages because of the injury. (3) This exclusion does not apply to: (a) Liability assumed by the insured under an "insured contract". (b) "Bodily injury" to any "employee" of the insured arising out of and in the course of his or her domestic employment by the insured unless benefits for such in- jury are in whole or in part either pay- able or required to be provided under any workers compensation law. Who Is An Insured With respect to only this coverage, SECTION II - WHO IS AN INSURED is deleted and replaced by the following provision. SECTION II - WHO IS AN INSURED a. Each of the following is an insured with respect to this coverage. (1) You. (2) Your partners if you are designated in the Declarations as a partnership or a joint venture. (3) Your members if you are designated in the Declarations as a limited liability company. (4) Your "executive officers" if you are desig- nated in the Declarations as an organization other than a partnership, joint venture or limited liability company. (5) Any person using the "auto" and any person or organization legally responsible for the use of an "auto" not owned by such person or organization, provided the actual use is with your permission. b. None of the following is an insured: (1) Any person engaged in the business of his or her employer with respect to "bodily in- jury" to any co -"employee" of such person injured in the course of employment. (2) Any person using the "auto" and any person other than you, legally responsible for its use with respect to an "auto" owned or reg- istered in the name of: 55091 (5-17) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 6 Agency Code 32-0017-00 (a) Such person; or (b) Any partner or "executive officer" of yours or a member of his or her household; or (c) Any "employee" or agent of yours who is granted an operating allowance of any sort for the use of such "auto". (3) Any person while employed in or otherwise engaged in duties in connection with an "auto business", other than an "auto busi- ness" you operate. (4) The owner or lessee (of whom you are a sub -lessee) of a hired "auto" or the owner of an "auto" you do not own or which is not registered in your name which is used in your business or any agent or employee of any such owner or lessee. (5) Any person or organization with respect to the conduct of any current or past partner- ship or joint venture that is not shown as a Named Insured in the Declarations. Additional Definitions The following definition applies to only this coverage. "Auto business" means the business or occupation of selling, repairing, servicing, storing or parking "autos". Limits of Insurance With respect to only this coverage, SECTION III - LIMITS OF INSURANCE is deleted and replaced by the following provision. SECTION III - LIMITS OF INSURANCE a. b. The Limits of Insurance shown in the Declara- tions and the rules below fix the most we will pay regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; or (3) Persons or organizations making claims or bringing "suits". We will pay damages for "bodily injury" or "prop- erty damage" up to the limits of liability shown in the Declarations for this coverage. Such dam- ages shall be paid as follows: (1) When Hired Auto and Non -Owned Auto Each Occurrence Limit is shown in the Dec- larations, such limit is the total amount of coverage and the most we will pay for all damages because of or arising out of all "bodily injury" and "property damage" in any one "occurrence". (2) When Bodily Injury Hired Auto and Non - Owned Auto Each Occurrence Limit and Property Damage Hired Auto and Non - Owned Auto Each Occurrence Limit are shown in the Declarations: 55091 (5-17) Includes copyrighted material of Insu (a) The limit shown for Bodily Injury Hired Auto and Non -Owned Auto Each Occur- rence is the total amount of coverage and the most we will pay for all dam- ages because of or arising out of all "bodily injury" in any one "occurrence". (b) The limit shown for Property Damage Hired Auto and Non -Owned Auto Each Occurrence is the total amount of cover- age and the most we will pay for all damages because of or arising out of all "property damage" in any one "occur- rence". 3. BROADENED SUPPLEMENTARY PAYMENTS SUPPLEMENTARY PAYMENTS - COVERAGES A AND B, Paragraph 1.d. is amended. The amount we will pay for the actual loss of earn- ings is increased from $250 per day to $400 per day. 4. ADDITIONAL PRODUCTS -COMPLETED OPERA- TIONS AGGREGATE LIMIT If the endorsement, EXCLUSION - PRODUCTS COMPLETED OPERATIONS HAZARD, CG 21 04, is not attached to this policy, then the following pro- vision is added to SECTION III - LIMITS OF INSURANCE. Commencing with the effective date of this policy, we will provide one additional Products -Completed Operations Aggregate Limit, for each annual period, equal to the amount of the Products -Completed Operations Aggregate Limit shown in the Declara- tions. The maximum Products -Completed Opera- tions Aggregate Limit for any annual period will be no more than two times the original Products -Com- pleted Operations Aggregate Limit. 5. PERSONAL INJURY EXTENSION a. If the endorsement EXCLUSION - PERSONAL AND ADVERTISING INJURY, CG 21 38, is attached to this policy, then this provision, 5. PERSONAL INJURY EXTENSION, does not apply. b. If the endorsement EXCLUSION - PERSONAL AND ADVERTISING INJURY, CG 21 38, is not attached to this policy, then under SECTION V - DEFINITIONS, 14. "Personal and advertising injury" is deleted and replaced by the following definition. 14. "Personal and advertising injury" means in- jury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful en- try into, or invasion of the right of private ance Services Office, Inc., with its permission. Page 3 of 6 Agency Code 32-0017-00 occupancy of a room, dwelling or prem- ises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral or written publication, in any man- ner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, pro- ducts or services; Oral or written publication, in any man- ner, of material that violates a person's right of privacy; f. The use of another's advertising idea in your "advertisement"; g. Infringing upon another's copyright, trade dress or slogan in your "advertisement"; or h. Discrimination, humiliation, sexual ha- rassment and any violation of civil rights caused by such discrimination, humilia- tion or sexual harassment. 6. BROADENED KNOWLEDGE OF OCCURRENCE SECTION IV - COMMERCIAL GENERAL LIABIL- ITY CONDITIONS, 2. Duties In The Event Of Oc- currence, Offense, Claim Or Suit is amended. The following condition is added. Paragraphs a. and b. of this condition will not serve to deny any claim for failure to provide us with notice as soon as practicable after an "occurrence" or an offense which may result in a claim: a. If the notice of a new claim is given to your "em- ployee"; and b. That "employee" fails to provide us with notice as soon as practicable. This exception shall not apply to you or to any offi- cer, director, partner, risk manager or insurance manager of yours. 7. DAMAGE TO PREMISES RENTED TO YOU a. SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions is amended. (1) The last paragraph is deleted and replaced by the following paragraph. Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or water damage to premises rented to you or temporarily occupied by you with permis- sion of the owner. A separate limit of insur- ance applies to this coverage as described in 7. DAMAGE TO PREMISES RENTED TO YOU, b. Limits of Insurance. (2) The following additional exclusions apply to "property damage" arising out of water damage to premises rented to you or temporarily occupied by you with permission of the owner. (a) "Property damage" to: 1) The interior of the premises caused by or resulting from rain or snow, whether driven by wind or not; or 2) Heating, air conditioning, plumbing or fire protection systems, or other equipment or appliances. (b) "Property damage" caused by or resulting from any of the following: 1) Mechanical breakdown, including bursting or rupture caused by centrifugal force; 2) Cracking, settling, expansion or shrinking; 3) Smoke or smog; 4) Birds, insects, rodents or other animals; 5) Wear and tear; 6) Corrosion, rust, decay, fungus, de- terioration, hidden or latent defect or any quality in property that causes such property to destroy or damage itself; or 7) Water that flows or leaks from any heating, air conditioning, plumbing or fire protection system caused by or resulting from freezing, unless: a) You make a reasonable effort to maintain heat in the building or structure; or b) You drain the equipment and shut off the water supply if the heat is not maintained. (c) "Property damage" caused directly or indirectly by any of the following: 1) Water that backs up from a drain or sewer; 2) Mud flow or mudslide; 3) Volcanic eruption, explosion or effusion; 4) Any earth movement, such as earth- quake, landslide, mine subsidence, earth sinking, earth rising or earth shifting; 5) Regardless of the cause, flood, surface water, waves, tides, tidal waves, storm surge, overflow of any body of water, or their spray, all whether wind driven or not; or 6) Water under the ground surface pressing on, or seeping or flowing through: a) Walls, foundations, floors or paved surfaces; 55091 (5-17) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 6 Agency Code 32-0017-00 b) Basements, whether paved or not; or c) Doors, windows or other openings. (d) "Property damage" for which the insured is obligated to pay as damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of this contract or agreement. b. Limits of Insurance With respect to this coverage only, under SEC- TION III - LIMITS OF INSURANCE, Paragraph 6. is deleted and replaced by the following Paragraph. 6. The most we will pay under Coverage A for damages because of "property damage" to premises rented to you or temporarily occu- pied by you with permission of the owner arising out of or caused by fire, lightning, explosion, smoke and water damage is the amount shown in the Declarations under Damage to Premises Rented to You. c. SECTION IV - COMMERCIAL GENERAL LIA- BILITY CONDITIONS, 4. Other Insurance, Paragraph b. is amended. The word fire is amended to include fire, lightning, explosion, smoke or water damage. 8. BLANKET ADDITIONAL INSURED - LESSOR OF LEASED EQUIPMENT a. (1) SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person or organization with whom you have agreed: (a) In a written contract or agreement, exe- cuted prior to loss, to name as an addi- tional insured; or (b) In an oral contract or agreement, exe- cuted prior to loss, to name as an addi- tional insured only if a Certificate of Insurance was issued prior to loss indi- cating that the person or organization was an additional insured. (2) This provision applies only with respect to liability for: (a) "Bodily injury"; (b) "Property damage"; or (c) "Personal and advertising injury" caused in whole or in part, by your mainte- nance, operation or use of equipment leased to you by such person or organization. b. With respect to the insurance afforded to an additional insured, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. c. The following provision is added to SECTION III - LIMITS OF INSURANCE. The Limits of Insurance for the additional in- sured are those specified in the written contract or agreement between the insured and the les- sor, not to exceed the limits provided in this pol- icy. These limits are inclusive of and not in addi- tion to the Limits of Insurance shown in the Declarations. 9. BLANKET ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES a. SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person or organization with whom you have agreed: (1) In a written contract or agreement, executed prior to loss, to name as an additional insured; or (2) In an oral contract or agreement, executed prior to loss, to name as an additional in- sured only if a Certificate of Insurance was issued prior to loss indicating that the per- son or organization was an additional insured but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you. b. This provision is subject to the following addi- tional exclusions. (1) Any "occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new constructions or demolition operations performed by or on behalf of the additional insured. c. The following provision is added to SECTION III - LIMITS OF INSURANCE. The Limits of Insurance for the additional in- sured are those specified in the written contract or agreement between the insured and the manager or lessor of the premises, not to ex- ceed the limits provided in this policy. These limits are inclusive of and not in addition to the Limits of Insurance shown in the Declarations. 10. NEWLY FORMED OR ACQUIRED ORGANIZA- TIONS SECTION II - WHO IS AN INSURED is amended. Paragraph 3. is deleted and replaced by the follow- ing provision. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain 55091 (5-17) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 6 Agency Code 32-0017-00 ownership or majority interest, will qualify as a Named Insured if there is no other similar insur- ance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the pol- icy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability com- pany that is not shown as a Named Insured in the Declarations. 11. BLANKET WAIVER OF SUBROGATION SECTION IV - COMMERCIAL GENERAL LIABIL- ITY CONDITIONS is amended. The following provi- sion is added to 8. Transfer Of Rights of Recov- ery Against Others To Us. When you have agreed to waive your right of subro- gation in a written contract, executed prior to loss, with any person or organization, we waive any right to recovery we may have against such person or organization because of payments we make for in- jury or damage arising out of your ongoing opera- tions or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". All other policy terms and conditions apply. 55091 (5-17) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 6 Agency Code 32-0017-00 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 04 13 (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. © Insurance Services Office, Inc., 2012 Page 1 of 1 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. Agency Code 32-0017-00 Policy Number 54-373-996-01 66159 (12-17) BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Commercial Umbrella Policy It is agreed: CONDITIONS, M. Transfer of Rights of Recovery Against Others To Us is amended. The following pro- vision is added. When you have agreed to waive your right of subroga- tion in a written contract, executed prior to loss, with any person or organization, we waive any right of recovery we may have against the person or organization because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products -completed operations hazard. All other policy terms and conditions apply. 66159 (12-17) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 or 1 ADDITIONAL INSURED PRIMARY NONCONTRIBUTORY - BLANKET COVERAGE Commercial Umbrella Policy It is agreed: CONDITIONS, I. Other Insurance is amended. The following provision is added. However, if there is other insurance for any person or organization, other than the Named Insured, which covers liability for your operations, 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 specifying that this insurance 66160 (12-17) 66160 (12-17) shall be primary and without right of contribution; and 2. Such written agreement was in force prior to any bodily injury, property damage, personal injury or advertising injury. All other policy terms and conditions apply. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 OWNERS INS. CO. AGENCY WEEDIN AGENCY INC 32-0017-00 MKT TERR 100 INSURED TOP NOTCH PLUMBING LLC Page 2 26449 (07-00) Issued 04-12-2023 Company POLICY NUMBER 54-373-996-01 Bill Company Use 74 -21 -CO -2303 Term 03-13-2023 to 03-13-2024 SCHEDULE OF UNDERLYING INSURANCE NAME OF INSURER OWNERS INSURANCE COMPANY YOU HAVE AGREED TO MAINTAIN TYPE OF POLICY LIMITS AS FOLLOWS: COMMERCIAL GENERAL LIABILITY General Aggregate Products and Completed Operations Aggregate Occurrence Personal/Advertising Injury Hired/Non-Ownership Automobile Liability OWNERS INSURANCE AUTOMOBILE LIABILITY COMPANY OWNERS INSURANCE COMPANY All Owned Automobile Liability Hired/Non-Ownership Automobile Liability EMPLOYER'S LIABILITY Bodily Injury by Accident Bodily Injury by Disease Bodily Injury by Disease COMBINED SINGLE LIMITS $2,000,000 $2,000,000 $1,000,000 $1,000,000 Included COMBINED SINGLE LIMITS $1,000,000 Included Per Accident Per Employee Policy Limit LIMIT $1,000,000 $1,000,000 $1,000,000 Agency Code 32-0017-00 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 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: 58540 (12-19) (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. Includes copyrighted material of Insurance Services Office Inc., with its permission. Page 1 of 1 Agency Code 32-0017-00 Policy Number 234632-74373996 55200 (6-96) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF LOCATION AND PROJECT AGGREGATE LIMITS OF INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. 1. The General Aggregate Limit under LIMITS OF INSURANCE (Section III) applies separately to each of your "loca- tions" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 2. The General Aggregate Limit under LIMITS OF INSURANCE (SECTION III) applies separately to each of your pro- jects away from premises owned by or rented to you. 55200 (6-96) Includes copyrighted material of Insurance Services Office, Inc., with its permission Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 r� 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. AI MARKEL ENVIRONMENTAL EVANSTON INSURANCE COMPANY CONTRACTOR'S POLLUTION LIABILITY COVERAGE FORM INSURING AGREEMENT AA. 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. 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 e. 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. 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. MEET 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. MEEI 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 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 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: MEEI 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"; 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: MEET 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. 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: 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". The Each Crisis Management And Emergency Response Limit shown in the Declarations is the most we will pay under Insuring Agreement A.S. 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 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. 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. c. 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. MEET 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 "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. 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. 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. 0. "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. MEEI 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 ti Ct Entity Information Entity Name* Entity ID" TOP NOTCH PLUMBING LLC @00040582 Contract Name * JAIL SEWAGE GRINDER PUMP Contract Status CTB REVIEW Contract Description * INSTALL JAIL SEWAGE GRINDER PUMPS Contract Description 2 Contract Type * CONTRACT Amount* $560,905.00 Renewable* NO Automatic Renewal Grant IGA O New Entity? Contract ID 7422 Contract Lead * SGEESAMAN Contract Lead Email sgeesaman@co.weld.co.0 s;lredfern@weldgov.com Parent Contract ID Requires Board Approval YES Department Project # Department Requested BOCC Agenda Due Date BUILDINGS AND Date* 09/28/2023 GROUNDS 10/02/2023 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 RN EY@WEL DGOV.COM Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP #* B2300156 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 Review Date 12/04/2023 Committed Delivery Date Renewal Date Expiration Date* 12/31/2023 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CHERYL PATTELLI 09/28/2023 Approval Process Department Head Finance Approver Legal Counsel TOBY TAYLOR CHERYL PATTELLI BRUCE BARKER DH Approved Date Finance Approved Date Legal Counsel Approved Date 09/28/2023 09/28/2023 09/28/2023 Final Approval BOCC Approved Tyler Ref # AG 100423 BOCC Signed Date Originator SGEESAMAN BOCC Agenda Date 10/04/2023 September 5, 2023 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: Toby Taylor Subject: JAIL SEWAGE GRINDER PUMP ELECTRICAL & SITE UPGRADE- B2300156 As advertised this bid is for procuring and installing three grinder pumps and associated electrical at the North Jail Complex. Tob Notch Plumbing LLC is the low bidder and meets specifications. Therefore, the Facilities Department is recommending the award to Top Notch Plumbing LLC, in the amount of $560,905.00. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director Q/Z0 zot3-z5 5e,V5 DATE OF BID: AUGUST 30, 2023 REQUEST FOR: JAIL SEWAGE GRINDER PUMP ELECTRICAL & SITE UPGRADE DEPARTMENT: FACILITIES BID NO: B2300156 PRESENT DATE: SEPTEMBER 6, 2023 APPROVAL DATE: SEPTEMBER 20, 2023 VENDOR TOP NOTCH PLUMBING LLC 3005 W. 291H STREET GREELEY, CO 80631 POLARIZED WATER SOLUTIONS 42029 COLONIAL TRAIL ELIZABETH, CO 80107 GROWLING BEAR CO., INC. 2330 4TH AVENUE GREELEY, CO 80631 START DATE FINISH DATE WELD COUNTY PURCHASING 1301 N. 17th Avenue, Greeley, CO 80631 revarett(Biweldclov.com cgeisert(a�weldoov.com Phone: (970) 400-4222 or 4223 TOTAL 10/29/2023 11/29/2023 $560,905.00 2/12/2024 3/11/2024 $600,000.00 10/31/2023 7/30/2023 $802,137.00 THE FACILITIES DEPARTMENT IS REVIEWING THE BIDS. 2023-2578 q/cQ 13C-i COZS Hello