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Contract - RFP - 9939 Janitorial Services for PFA
Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9939 Janitorial Services for PFA Page 1 of 26 SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City", as agent, on behalf of the POUDRE FIRE AUTHORITY, hereinafter referred to as the “PFA”, and KLEEN-TECH SERVICES, LLC, a(n) Delaware limited liability company, hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit A, consisting of sixteen (16) pages and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence May 15, 2024, and shall continue in full force and effect until May 14, 2025, unless sooner terminated as herein provided. In addition, at the option of the City/PFA, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties only at the time of renewal. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City/PFA of such condition within ten (10) days from the onset of such condition. 4. Early Termination by City/PFA. Notwithstanding the time periods contained herein, the City/PFA may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least ten (10) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. In the event of early termination by the City/PFA, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Service Provider shall submit a final invoice within ten (10) days of the effective date of termination. Undisputed invoices shall be paid Net 30 days of the date of the invoice. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Notices. All notices provided under this Agreement shall be effective immediately when emailed or three (3) business days from the date of the notice when mailed to the following DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9939 Janitorial Services for PFA Page 2 of 26 addresses: Service Provider: PFA: Copy to: Kleen-Tech Services, LLC Attn: Mark Assise 7100 Broadway, Suite 6-L Denver, CO 80221 massise@kleen-tech.com Poudre Fire Authority Attn: Bob Root 102 Remington Street Fort Collins, CO 80524 Bob.Root@poudre-fire.org City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com 6. City/PFA Representative. The City/PFA will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests for contract interpretations, change order, and other clarification or instruction shall be directed to the City/PFA Representative. The initial City/PFA Representative for this agreement is Bob Root and can be reached at support_BC@poudre-fire.org or 970-219-2825. The Representative is subject to change by the City/PFA. 7. Compensation. The City/PFA shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, as per the attached Exhibit B, consisting of one (1) page and incorporated herein by this reference. Invoices shall be emailed to invoices@fcgov.com with a copy to the City/PFA Representative. The cost of the work completed shall be paid to the Service Provider following the submittal of a correct itemized invoice by the Service Provider. The City/PFA is exempt from sales and use tax. The City’s Certificate of Exemption license number is 09804502. A copy of the license is available upon written request. The City/PFA pays invoices on Net 30 days from the date of the invoice. 8. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the City/PFA, it shall be subject to annual appropriation by City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8- 186, and Article X, Section 20 of the Colorado Constitution. The City/PFA shall have no obligation to continue this Agreement in any fiscal year for which no such supporting appropriation has been made. 9. Independent Service Provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City/PFA. The City/PFA shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 10. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the City/PFA, which shall not be DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9939 Janitorial Services for PFA Page 3 of 26 unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City/PFA), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City/PFA, nor will it obligate the City/PFA to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City/PFA to the same extent as the work of the Service Provider. Irrespective of any subcontractors named in Exhibit A, Service Provider shall be solely responsible for performance of all duties hereunder. 11. Personal Services. It is understood that the City/PFA enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City/PFA. 12. Acceptance Not Waiver. The City/PFA’s approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City/PFA under this Agreement or cause of action arising out of performance of this Agreement. 13. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. 14. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 15. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail themselves of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 16. Entire Agreement; Binding Effect; Order of Precedence; Authority to Execute. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties regarding this transaction and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9939 Janitorial Services for PFA Page 4 of 26 respective survivors, heirs, personal representatives, successors and assigns of said parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. In the event of a conflict between terms of the Agreement and any exhibit or attachment, the terms of the Agreement shall prevail. Each person executing this Agreement affirms that they have the necessary authority to sign on behalf of their respective party and to bind such party to the terms of this Agreement. 17. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City/PFA, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City/PFA as an additional insured under this Agreement of the type and with the limits specified within Exhibit C, consisting of one (1) page attached hereto, and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Purchasing Director, purchasing@fcgov.com or P. O. Box 580, Fort Collins, Colorado 80522, one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City/PFA. 18. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution, and enforcement of this Agreement. The Parties further agree that Larimer County District Court is the proper venue for all disputes. If the City/PFA subsequently agrees in writing that the matter may be heard in federal court, venue will be in Denver District Court. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 19. Utilization by Other Agencies. The City/PFA reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City/PFA in the current term or in any future terms. Nothing herein shall be deemed to authorize or empower the Agency to act as an agent for the City/PFA in connection with the exercise of any rights hereunder, and neither party shall have any right or authority to assume or create any obligation or responsibility on behalf of the other. The other Agency shall be solely responsible for any debts, liabilities, damages, claims or expenses incurred in connection with any agreement established between them and the Service Provider. The City/PFA’s concurrence hereunder is subject to the Service Provider’s commitment that this authorization shall not have a negative impact on DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9939 Janitorial Services for PFA Page 5 of 26 the work to be completed for the City/PFA. 20. Prohibition Against Unlawful Discrimination. The City/PFA, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, affirmatively ensures that for all contracts entered into with the City/PFA, disadvantaged business enterprises are afforded a full and fair opportunity to bid on the contract and are not to be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City/PFA strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City/PFA also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City/PFA strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City/PFA requires its vendors to comply with the City/PFA’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party vendors and their subcontractors at every tier. 21. Governmental Immunity Act. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. 22. Colorado Open Records Act. The City/PFA is subject to Sec. 24-72-201 et seq. of the Colorado Revised Statute (CORA). This Agreement is subject to public disclosure in whole pursuant to CORA. 23. Force Majeure. No Party hereto shall be considered in default in the performance of an obligation hereunder to the extent that performance of such obligation is delayed, hindered, or prevented by force majeure. Force majeure shall be any cause beyond the control of the defaulting Party which could not reasonably have been foreseen and guarded against. Force majeure includes, but is not limited to, acts of God, fires, riots, pandemics, incendiarism, interference by civil or military authorities, compliance with regulations or orders of military authorities, and acts of war (declared or undeclared), provided such cause could not have been reasonably foreseen and guarded against by the defaulting Party. Force majeure shall not include increases in labor, commodity, utility, material, supply, fuel, or energy costs, or compliance with regulations or orders of civil authorities. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City/PFA of such condition within ten (10) days from the onset of such condition. DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9939 Janitorial Services for PFA Page 6 of 26 24. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit D - Confidentiality, consisting of one (1) page, attached hereto, and incorporated herein by this reference. [Signature Page Follows] DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9939 Janitorial Services for PFA Page 7 of 26 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul, Purchasing Director Date: POUDRE FIRE AUTHORITY By: ________________________________ Derek Bergsten, Fire Chief Date: ______________________________ ATTEST: APPROVED AS TO FORM: KLEEN-TECH SERVICES, LLC By: Printed: Title: Date: DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D 4/8/2024 Jorge Saldana Sr. VP, Operations Assistant City Attorney 4/15/2024 4/15/2024 Interim City Clerk Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9939 Janitorial Services for PFA Page 8 of 26 EXHIBIT A SCOPE OF SERVICES I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City of Fort Collins, on behalf of the Poudre Fire Authority (PFA), is engaging the Service Provider to provide janitorial services for PFA administrative facilities. PFA has two administrative facilities that require janitorial services as follows: Administration Building, 102 Remington Street, Fort Collins Training Center, 3400 W. Vine Drive, Fort Collins B. Background The Poudre Fire Authority (PFA) was established in 1981 through an Intergovernmental Agreement between the City of Fort Collins, CO and the Poudre Valley Fire Protection District (PVFPD). This partnership enables the PFA to take a comprehensive approach to providing emergency services to the region. A five-person Board of Directors, composed of elected members from the PVFPD Board and the Fort Collins City Council, governs the PFA. Both the PVFPD Board and Fort Collins City Council appoint two members to serve on the PFA Board of Directors. The fifth member of the PFA Board is appointed by these four members and has historically been the Fort Collins City Manager. The PFA Board of Directors appoints and employs the Fire Chief. The PFA Fire Chief manages a $42 million operating and capital budget and oversees the work of 223 full-time staff and 30 volunteers responsible for providing fire protection and suppression, community risk reduction, emergency medical services, public education, administration and support services. C. Utilization by Other Agencies The Poudre Fire Authority is a member of the Front Range Fire Consortium, which is made up of the nine largest fire departments in Northern Colorado and Southern Wyoming, and includes the following departments in addition to PFA: Boulder Fire Rescue Front Range Fire Rescue Greeley Fire Department Longmont Fire Rescue Loveland Fire Rescue Authority Mountainview Fire Protection Platte Valley Fire Protection District Wellington Fire Protection District Windsor-Severance Fire Protection District Any of the above referenced agencies may leverage this RFP process to contract with the awarded Service Provider for similar services. The awarded Service Provider will honor DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9939 Janitorial Services for PFA Page 9 of 26 the pricing provided to the City/PFA for these agencies. However, nothing in this option for utilization by other agencies shall be deemed as authorization for any of the named agencies to act as an agent for the City/PFA in connection to this RFP and subsequent Agreement, and neither party shall have the right or authority to assume or create any obligation or responsibility on behalf of the other. The other agencies shall be solely responsible for any debts, liabilities, claims or expenses incurred in connection with any agreement/purchase established between them and the awarded Service Provider. II. SCOPE OF PROPOSAL A. QUALITY SPECIFICATIONS The Service Provider shall ensure that the facilities, fixtures, floor surfaces, and furnishings of the PFA shall be continually maintained in a state of high-quality cleanliness. The Service Provider shall achieve the following Quality Specifications: 1. Cleanliness Specifications The PFA requires that the surfaces and contents be continually maintained through a robust Quality Defects reduction program. On a percentage basis, the cleanliness target specified herein shall be 85%. That is, eighty-five percent of all items in all areas, on average, must be free of Cleanliness Quality defects as defined below. Beyond this collective rating, each building has its own special information and cleaning schedule, as specified in the Supplemental Information. 2. Definition of Cleanliness Quality Cleanliness Quality Means: A “like-new” appearance or all of the following: - The absence of litter and undesirable debris. - The absence of un-bonded dust build-up on any surface of items required to be dusted. - The complete, thorough cleaning of items subject to cleaning, including: corners, inside, outside, top, bottom, under and over all surfaces. - The absence of surface marks, spills or other undesirable bonded residue which can be eliminated by appropriate damp or wet cleaning techniques. - The absence of soil, finish or other undesirable bonded build up which can be eliminated by appropriate heavy duty, cycle or project cleaning techniques. - The presence of appropriate surface gloss, protection, or reflective capacity in line with “like new” or designated gloss levels. - The absence of minor spots, marks, or other limited surfaces soil which can be eliminated by appropriate spot cleaning techniques. - The absence of dust, lint and other in-fiber accumulation in fabric and carpeted areas which can be eliminated by appropriate vacuum cleaning techniques. - The issuance of maintenance and other work requests to eliminate or correct problems with damaged, non-functioning, repair, or replacement-oriented items which cannot be corrected through appropriate cleaning techniques. DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9939 Janitorial Services for PFA Page 10 of 26 3. Customer Satisfaction Specification The Service Provider shall manage the resources at its disposal in such a way as to improve Customer Satisfaction and reduce and control the number of cleaning complaints, based on the concept of continuous improvement. A goal of less than four customer complaints per month must be achieved within the first twelve months of the Agreement. After the initial twelve months, the Service Provider shall continue to achieve and sustain less than four customer complaints per month. 4. Response Specification The Service Provider shall respond to all problems presented to it by the PFA staff. This response shall conform to the following schedule: Emergency - on the scene within thirty (30) minutes Required - completed within eight (8) hours Planned - provide a clear schedule within one (1) working day ALL Service Provider responses to customer requests must satisfy this requirement. 5. Continuous Improvement Specification The Service Provider must demonstrate an effective continuous improvement program for cleaning and key item problems through an ongoing system improvement and modification process to prevent complaints and cleaning failure. B. SCOPE OF WORK 1. ADMINISTRATION BUILDING - COMMUNITY SAFETY SERVICES – 1ST FLOOR Cleaning services are to be completed by 7:00 a.m. on Mondays, Wednesdays, and Fridays. All items to be done each time, unless otherwise noted. The Service Provider is to negotiate any Holiday Schedules in advance with the designated PFA representative. Main Entry a. 3 times weekly Vacuum b. Twice weekly Door glass cleaning to main western entry on Remington Ave Reception a. Every cleaning Empty all recycle Empty all trash – reline as necessary b. Twice weekly Clean door glass and frames c. 3 times weekly Vacuum all carpet Dust all sills and ledges d. As necessary DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9939 Janitorial Services for PFA Page 11 of 26 High dust, vent and cobweb detail Offices a. Twice weekly Empty recycle Empty all trash– replace can liners as needed b. 3 times weekly Vacuum all carpet c. Monthly Clean chair bases Clean chair mats d. As necessary High dust, vent and cobweb detail Conference Rooms a. Each cleaning Clean tables Empty all recycle Empty all trash – replace can liners as necessary b. 3 times weekly Vacuum all carpet c. Monthly Clean chair bases d. As necessary High dust, vent and cobweb detail Copy Rooms a. Each cleaning Vacuum all carpet Empty all recycle Empty all trash b. Twice weekly Dust all sills, ledges, and surfaces c. As necessary High dust, vent and cobweb detail Break Rooms a. Each cleaning Sweep and mop floors Clean empty sinks, counters, and adjacent walls Clean microwave and refrigerator – outside only Empty all recycle Empty all trash – replace can liners as necessary Restock towels – as necessary b. As necessary DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9939 Janitorial Services for PFA Page 12 of 26 High dust, vent and cobweb detail Hallways a. Each cleaning Dust all sills and ledges-weekly Empty all recycle-each cleaning Vacuum all carpet b. As necessary Empty all trash – replace can liners as necessary High dust, vent and cobweb detail Bathrooms (4) a. Each cleaning Clean, sanitize, and deodorize: sinks, mirrors, counters, fixtures, dispensers, doors, toilets, urinals, dividers, showers, walls, and baseboards Empty and sanitize sanitary napkin dispensers Sweep and mop, clean toilet bases, and wipe down corners Empty all trash - reline each cleaning b. As necessary Change urinal screens Restock soap, paper towels and toilet paper High dust, vent and cobweb detail Miscellaneous Notify designated PFA representative of security concerns Notify designated PFA representative of any facility maintenance needs Notify designated PFA representative of any supply needs Carpet cleaning - upon request - program and pricing to be determined Window cleaning - upon request - inside only - program and pricing to be determined 2. ADMINISTRATION BUILDING 2ND FLOOR Cleaning services are to be completed by 7:00 a.m. on Mondays, Wednesdays, and Fridays. All items to be done each time, unless otherwise noted. The Service Provider is to negotiate any Holiday Schedules in advance with the designated PFA representative. Entries a. Each cleaning Vacuum mat Clean door glass and frames b. Weekly Dust all sills, ledges, and surfaces c. As necessary High dust, vent and cobweb detail DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9939 Janitorial Services for PFA Page 13 of 26 Offices a. Each cleaning Empty all recycle Empty all trash – replace can liners as needed Vacuum all carpet Dust window ledges and sills b. Monthly Clean chair bases Clean chair mats c. As necessary High dust, vent and cobweb detail Conference Rooms a. Each cleaning Clean tables Empty all recycle Empty all trash – replace can liners as necessary Vacuum all carpet b. Monthly Clean chair bases c. As necessary High dust, vent and cobweb detail Copy Rooms a. Each cleaning Vacuum all carpet Empty all recycle Empty all trash – replace can liners as necessary b. Twice weekly Dust all sills, ledges, and surfaces c. As necessary High dust, vent and cobweb detail Break Rooms a. Each cleaning Sweep and mop floors Clean empty sinks, counters, and adjacent walls Clean microwave and refrigerator – outside only Empty all recycle Empty all trash – replace can liners as necessary Restock towels – as necessary b. As necessary High dust, vent and cobweb detail Bathrooms (4) a. Each cleaning DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9939 Janitorial Services for PFA Page 14 of 26 Clean, sanitize, and deodorize: sinks, mirrors, counters, fixtures, dispensers, doors, toilets, urinals, dividers, showers, walls, and baseboards Empty and sanitize sanitary napkin dispensers Sweep and mop, clean toilet bases, and wipe down corners Empty all trash - reline each cleaning b. As necessary Change urinal screens Restock soap, paper towels and toilet paper High dust, vent and cobweb detail 3. ADMINISTRATION BUILDING 3RD FLOOR Cleaning services are to be completed by 7:00 a.m. on Mondays, Wednesdays, and Fridays. All items to be done each time, unless otherwise noted. The Service Provider is to negotiate any Holiday Schedules in advance with the designated PFA representative. Exercise Room a. Monthly Sweep and mop floors Wipe machines b. As necessary Empty all trash – replace can liners as necessary High dust, vent and cobweb detail Hallways a. Each cleaning Dust all sills and ledges-weekly Empty all recycle-each cleaning Vacuum all carpet b. As necessary Empty all trash – replace can liners as necessary High dust, vent and cobweb detail Stairways a. Weekly Sweep and mop steps Dust stair ledges b. As necessary High dust, vent and cobweb detail Bathrooms (2) a. Each cleaning Clean, sanitize, and deodorize sinks, mirrors, counters, fixtures, dispensers, doors, toilets, urinals, dividers, showers, walls, and baseboards Empty and sanitize sanitary napkin dispensers Sweep and mop, clean toilet bases, and wipe down corners Empty all trash - reline each cleaning DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9939 Janitorial Services for PFA Page 15 of 26 b. As necessary Change urinal screens Restock soap, paper towels and toilet paper High dust, vent and cobweb detail 4. ADMINISTRATION BUILDING MISCELLANEOUS Change out waterless urinal filters – every 3 months Notify designated PFA representative of security concerns Notify designated PFA representative of any facility maintenance needs Notify designated PFA representative of any supply needs Carpet cleaning - upon request - program and pricing to be determined Window cleaning - upon request - inside only - program and pricing to be determined 5. TRAINING CENTER - 3400 W VINE DRIVE Cleaning services are to be completed by 7:00 a.m. on Mondays, Tuesdays, and Thursdays unless the Service Provider is notified otherwise. The Service Provider is to negotiate any Holiday Schedules in advance with the designated PFA representative. MAIN BUILDING A Mail Room a. Each cleaning Sweep and mop floors Empty all recycle Empty all trash – reline as necessary b. As necessary High dust, vent and cobweb detail Hallways a. Each cleaning Sweep and mop floors Empty all recycle Empty all trash – reline as necessary b. As necessary High dust, vent and cobweb detail Offices downstairs (5) a. Each cleaning Empty all recycle Empty all trash – reline as necessary Vacuum all carpet – weekly b. As necessary High dust, vent and cobweb detail Office upstairs (1) DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9939 Janitorial Services for PFA Page 16 of 26 a. Each cleaning Empty all recycle Empty all trash – reline as necessary Vacuum all carpet As necessary Vacuum all carpet b. As necessary High dust, vent and cobweb detail Conference Room a. Each Cleaning Empty all recycle Empty all trash– reline as necessary Clean table b. As necessary High dust, vent and cobweb detail Break Room a. Each cleaning Sweep and mop floors Clean tables Clean empty sinks, counters, and adjacent walls Clean microwave and refrigerator Empty all recycle Empty all trash – replace can liners as necessary b. As necessary Restock towels High dust, vent and cobweb detail Classrooms (3) a. Each cleaning Empty all recycle Empty all trash – reline as necessary Vacuum all carpet Sweep and mop floors b. As necessary High dust, vent and cobweb detail Bay Area a. Each cleaning Empty all recycle Empty all trash – reline as necessary Living Quarters a. Each cleaning – except during Academy Sweep and mop floors Clean sink and counter DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9939 Janitorial Services for PFA Page 17 of 26 Empty all recycle Empty all trash – reline as necessary Downstairs Bathrooms (2) – Each Time a. Each cleaning Clean, sanitize, and deodorize: sinks, mirrors, counters, fixtures, dispensers, doors, toilets, urinals, dividers, showers, walls, and baseboards Empty and sanitize sanitary napkin dispensers Sweep and mop, clean toilet bases, and wipe down corners Empty all trash - reline each cleaning b. As necessary Change urinal screens Restock soap, paper towels and toilet paper High dust, vent and cobweb detail Upstairs Bathrooms (2) a. Each cleaning Clean, sanitize, and deodorize: sinks, mirrors, counters, fixtures, dispensers, doors, toilets, urinals, dividers, showers, walls, and baseboards Empty and sanitize sanitary napkin dispensers Sweep and mop, clean toilet bases, and wipe down corners Empty all trash - reline each cleaning b. As necessary Change urinal screens Restock soap, paper towels and toilet paper High dust, vent and cobweb detail BUILDING B Offices (5) a. Each cleaning Empty all recycle Empty all trash – reline as necessary Vacuum all carpet b. As necessary High dust, vent and cobweb detail Classroom (1) a. Each cleaning Empty all recycle Empty all trash – reline as necessary Vacuum all carpet b. As necessary High dust, vent and cobweb detail Mail Room a. Each cleaning Sweep and mop floors DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9939 Janitorial Services for PFA Page 18 of 26 Empty all recycle Empty all trash – reline as necessary b. As necessary High dust, vent and cobweb detail Hallways a. Each cleaning Vacuum all carpet Empty all recycle Empty all trash – reline as necessary b. As necessary High dust, vent and cobweb detail Kitchenette a. Each cleaning Sweep and mop floor Empty all recycle Empty all trash – reline as necessary b. As necessary High dust, vent and cobweb detail Bathrooms (2) a. Each cleaning Clean, sanitize, and deodorize: sinks, mirrors, counters, fixtures, dispensers, doors, toilets, urinals, dividers, showers, walls, and baseboards Empty and sanitize sanitary napkin dispensers Sweep and mop, clean toilet bases, and wipe down corners Empty all trash - reline each cleaning b. As necessary Change urinal screens Restock soap, paper towels and toilet paper High dust, vent and cobweb detail Miscellaneous Notify designated PFA representative of security concerns Notify designated PFA representative of any facility maintenance needs Notify designated PFA representative of any supply needs Carpet cleaning - upon request - program and pricing to be determined Window cleaning - upon request - inside only - program and pricing to be determined C. Supplies, Materials and Equipment 1. Cleaning Supplies and Paper Products The PFA shall supply the Service Provider with all cleaning chemicals, restroom supplies, and paper products requisite for performing the Scope Work. The Service Provider shall provide a monthly inventory to the PFA of all supplies issued on a daily basis. Controls shall be established and implemented by the Service Provider to DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9939 Janitorial Services for PFA Page 19 of 26 safeguard materials. Any losses or irregularities are to be promptly reported in writing to the PFA Representative. 2. Reimbursable Supplies The PFA may elect, by amending the Agreement, to require the Service Provider to furnish supplies on a reimbursable basis at cost plus a mutually agreed upon mark- up. In this event, the PFA retains the right to participate fully in any discount arrangements the Service Provider may have with suppliers of these products. 3. Cleaning Equipment and Related Supplies All necessary cleaning pads and equipment, including power driven machines, floor stripping machines, industrial vacuum cleaners, quiet vacuums, high speed polishing machines, and associated chemicals and supplies, etc., needed for the performance of the work involved, shall be furnished by the Service Provider. 4. Trash Can Liners The Service Provider shall furnish bags/ liners for all trash receptacles where appropriate. 5. Personal Safety Equipment The Service Provider shall provide its employees with any necessary safety equipment and Personnel Protective Equipment (PPE). 6. Uniforms The Service Provider shall provide shirts with company insignia subject to approval by the PFA. Company shirts and PFA ID badges must be worn at all times by Service Provider employees during their work shift. The ID badges must be visible on the employee. 7. PFA Observation The PFA shall have the right at all times to examine the supplies, materials, and equipment used by the Service Provider, and to observe the operations and methods of the Service Provider, its agents, subcontractors, and employees. 8. Removal and Ownership In the event of termination or contract expiration, all restroom supplies, cleaning chemicals and paper products shall remain the property of the PFA. D. Service Provider Staffing The Service Provider shall be obligated to provide its proposed number of custodial personnel to perform the duties required in accordance with this Agreement at all times. The Service Provider shall keep on file and furnish to the PFA Representative a monthly report that includes a list of the names of all personnel presently working in each building and number of hours worked by each person, as certified by the Service Provider’s time records. All employees of the Service Provider will be required to adhere to PFA Security, Fire and Safety Regulations for Service Provider employees. Service Provider agrees that it will, DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9939 Janitorial Services for PFA Page 20 of 26 upon notice from the PFA, remove any supervisor or employee who is, for any reason, unsatisfactory to the PFA, and replace him/her with an employee satisfactory to the PFA. The Service Provider shall not represent that it and its employees are either agents or employees of the PFA. All Service Provider personnel shall be physically able to do their assigned work. All Service Provider personnel shall be capable employees, thoroughly trained and qualified in the work assigned to them. The employee shall receive a copy of the Building Information Sheet along with appropriate training specific to the needs of the building (buildings) prior to performing the cleaning duties. A copy of the supervisor’s training record must be maintained and provided to the PFA upon request. Every new employee must receive OSHA’s Hazardous Communication Program training using an established program, prior to working in any PFA building. The Service Provider agrees that only assigned personnel will be permitted on the PFA premises and no other personnel including, but not limited to salesmen, friends, relatives or minors, will be allowed on premises without prior written notice and written approval by the PFA. The Service Provider employees shall schedule all routine, project, and other work in such a way as not to interfere with regularly scheduled PFA activities and within the time constraints specified by the PFA. E. Building Security & integrity Service Provider must ensure all exterior doors are locked, as necessary, while cleaning and upon leaving the buildings. All rooms which are found locked are to be relocked after cleaning. The PFA requires the Service Provider to turn off all lights as cleaning is completed. Cleaning Teams should remain together as much as possible to conserve power within the buildings. F. Additional PFA Supplied Items 1. Utilities The PFA will provide, at no cost to the Service Provider, electricity and water utilities. 2. Storage Space Custodial closets are located in the PFA facilities for the storage of supplies, materials and equipment. G. Service Provider Operational Requirements 1. Key Control The Service Provider shall establish and implement adequate methods of ensuring that all key fobs issued to the Service Provider by the PFA are not lost or misplaced and are not used by unauthorized person. They shall not be marked with identifying building name. No key fobs issued to the Service Provider shall be duplicated. Fobs will be issued in the name of the Service Provider’s custodians. PFA Representative shall be notified immediately when a custodian is no longer an employee of the Service Provider. The fob will be canceled and reinstated in the new custodian’s name. DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9939 Janitorial Services for PFA Page 21 of 26 All access fobs will be furnished by the PFA. All lost access fobs and keys must be reported immediately to the PFA Representative. Fobs will be canceled in the system. There is a $30 per fob fee for replacement of lost fobs. All lost fobs will be replaced by the PFA, not by the Service Provider. Furthermore, if fobs are lost or duplicated by the Service Provider and, in the opinion of the PFA, it is necessary to replace or recode locks for reasons of security, the direct cost of such replacement or recoding will be paid by the Service Provider. It is the responsibility of the Service Provider to prohibit the use of fobs by persons other than those supervised by the Service Provider’s employees. It is also the responsibility of the Service Provider to prohibit the opening of locked areas by the Service Provider’s employees to permit entrance of persons other than Service Provider’s employees engaged in the performance of assigned work in those areas. 2. Lost and Found It shall be the responsibility of the Service Provider to instruct its staff and employees that all articles of possible personal or monetary value found by the Service Provider’s employees be turned in to the PFA at the Administration Building at 102 Remington Street. 3. Time Cards/Payroll Documentation All of Service Provider’s employees shall be required to call in or sign a time sheet at the start and end of each shift. This record shall be submitted to the PFA in conjunction with the Service Provider’s monthly service invoice to confirm actual labor cost on invoices submitted, and in any event, shall comply with the PFA’s requirement for auditing Service Provider labor hours. 4. Problem Identification All supervisors will be responsible to call and leave a report for the PFA Representative identifying any needed repairs to the building, its furnishings, its fixtures, its mechanical equipment and other such items. Service Provider supervisors will also call when in their opinion, carpeting needs to be extracted. If the problem is critical in nature and requires immediate action, they shall call Murray Anduss at (970) 416-2086 immediately. 5. Reporting System The Service Provider shall maintain records adequate to reflect, in accordance with sound accounting and administrative practices, all services provided under the Agreement. It shall issue such reports as the PFA may reasonably request, including but not limited to monthly and quarterly cumulative accounting reports. All records shall identify area-by-area and building-by-building data. At the PFA’s request, the Service Provider shall make all payroll records, training records, invoices for materials, and other relevant records pertinent to the contract available to the PFA Representative or its authorized representative for the purposes of inspection and audit of such records. Any substantive changes affecting any dimension of work performed shall be brought to the immediate attention of the PFA. The Service Provider shall not enter into any agreement or take any action which may interfere with the rights of the PFA as noted under this contract, or compromise with DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9939 Janitorial Services for PFA Page 22 of 26 PFA’s ability to serve the needs of its physical plant, occupants, employees, management, or customers. 6. Safety and Health The Service Provider must promptly report to the PFA cases of death, occupational disease and injury occurring PFA’s site or related to the services. Verbal notification must be followed by a written report describing the incident. The Service Provider must provide emergency first aid and treatment of job-related injuries in accordance with all federal, state, and local laws and the requirements of its insurance plan. 7. Relief Personnel The Service Provider shall employ an adequate number of on-call relief personnel not permanently assigned to the Facility who shall be pre-approved and used to complete the work assignment of absent employees normally assigned to work in a specific area. Such relief personnel may perform authorized project work when not performing routine work. These relief personnel shall not be charged against the PFA, directly or indirectly, including wages, benefits and/or other costs regardless of the regular or overtime hours worked, when replacing regular workers. If the Site Manager or a supervisor is absent, the Service Provider shall provide a replacement that is competent and has been given the authority to carry out the duties of the Site Manager, subject to the approval of the PFA. 8. Soliciting All soliciting is prohibited on the PFA premises by Service Provider employees. Service Provider shall inform its employees of this policy prior to their beginning work under the contract. 9. Access to PFA Facilities Prior to beginning work under this Contract, the Service Provider must obtain a background clearance using Colorado Data Base Investigations and/or Colorado Bureau of Investigations-Crime Information Center. Also, Service Provider must check for valid documents pursuant to Section 8-17.5-101, C.R.S., which is further described in Section 20 of the attached Sample Services Agreement (Section VI). An appointment must be made by the Service Provider with Operations Services, City of Fort Collins, 970-221-6610, for a PFA picture ID. The Service Provider must bring a copy of the CBI report for PFA records. The PFA may deny clearance to any person who: Has an active criminal arrest warrant; Has a felony arrest or conviction; Has a drug-related misdemeanor or drug-related petty offensive conviction Has a non-drug-related misdemeanor or a petty offensive conviction within the past three (3) years; Is a suspect in an active criminal investigation; Was previously terminated from employment by the City or PFA; DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9939 Janitorial Services for PFA Page 23 of 26 Is determined to be a threat to the safety of persons or property or to the confidentiality of City/PFA information. PFA shall provide the Service Provider with a picture identification tag for all persons given clearance. Such identification tags shall be displayed, in an easily seen manner, on all employees while working in PFA buildings. Identification tags and access fobs shall immediately be returned to the PFA Representative when the employee no longer works for the Service Provider in PFA Buildings. Any Service Provider employee without a properly displayed identification card is subject to immediate eviction from the PFA Building. The Service Provider shall provide the PFA with a current and complete list of the names, I.D. card numbers, address and telephone numbers of all Service Provider personnel providing services under this agreement. The Service Provider shall keep this list current and shall immediately inform the PFA of all personnel changes. H. Deductions, Adjustments and Damages The PFA shall have the right to assess damages for breach of the Service Provider’s obligations. The exercise of its rights shall not preclude the PFA’s right to terminate or revoke the Agreement. Deductions and adjustments (as a credit to the Service Provider’s invoice) are a valid right of the PFA. Typical deductions include, but are not limited to: - If the Service Provider fails to perform the work required to achieve the quality specifications, damages, will be assessed on the basis of the hours, wage rate costs and other costs expended by the PFA to achieve the quality specifications. - If the Service Provider fails to complete its responsibility per contract and results in being phased out (per its proposal), any damages which might result shall be subject to financial remedy and deduction on the basis of added costs to the PFA. - The Service Provider shall be held accountable and liable to the PFA for any damages to the PFA facilities, fixtures, furnishings, equipment, grounds, or personal injury to PFA employees, invitees, or licensees, caused by the Service Provider, its employees, or others under its charge. - The value of unaccounted for, lost, damaged or missing PFA equipment, materials, supplies or other property shall be deducted, at the discretion of the PFA. - The value of labor hours warranted, but not worked, regardless of reason. In addition to the above, the PFA shall have the right to withhold monies as a credit from any monthly payments, otherwise due to the Service Provider, as may be deemed necessary to protect the PFA against failure or delay in performance by the Service Provider of its obligations, without revoking or terminating the contract. I. Subcontractors/Subconsultants Service Provider will be responsible for identifying any subcontractors and/or subconsultants in their proposal. Please note that the City will contract solely with the awarded Service Provider; therefore, subcontractors and/or subconsultants will be the responsibility of the Service Provider. DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9939 Janitorial Services for PFA Page 24 of 26 EXHIBIT B BID SCHEDULE/ COMPENSATION The following pricing shall remain fixed for the initial term of this Agreement. Any applicable price adjustments may only be negotiated and agreed to in writing at the time of renewal. Building / Location Weekly Cleaning Freq. Cleanable Area (SQ FT) Total Monthly Pricing per Building Administration Building 3x 12,000 $ 939.00 Training Center, Building A 3x 7,500 $ 567.00 Training Center, Building B 3x 3,000 $ 358.00 Totals 22,500 $ 1,864.00 Invoicing and Payment Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Service Provider each month following the submittal of a correct invoice by the Service Provider indicating at a minimum the project name, Purchase Order number (if provided by the City/PFA), task description, dates and hours worked, and total cost. Payments will be made using the prices stated in the Agreement. In the event a service is requested which is not stated in the Agreement, the Service Provider and the City will negotiate an appropriate unit price for the service prior to the Service Provider initiating such work. The City pays invoices on Net 30 terms. DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9939 Janitorial Services for PFA Page 25 of 26 EXHIBIT C INSURANCE REQUIREMENTS The Service Provider will provide, from insurance companies acceptable to the City and/or PFA, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City/PFA with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies. In case of the breach of any provision of the Insurance Requirements, the City/PFA, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City/PFA may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. Insurance certificates should show the certificate holder as follows: City of Fort Collins Poudre Fire Authority Purchasing Division AND 102 Remington Street PO Box 580 Fort Collins, CO 80524 Fort Collins, CO 80522 The City and PFA, its officers, agents and employees shall be named as additional insureds on the Service Provider 's general liability and automobile liability insurance policies by marking the appropriate box or adding a statement to this effect on the certificate, for any claims arising out of work performed under this Agreement. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement. Workers' Compensation & Employer’s Liability insurance shall conform with statutory limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee, or as required by Colorado law. B. General Liability. The Service Provider shall maintain during the life of this Agreement such General Liability as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for General Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. C. Automobile Liability. The Service Provider shall maintain during the life of this Agreement such Automobile Liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for Automobile Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor/subconsultant, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor/subconsultant, which liability is not covered by the subcontractor/subconsultant insurance. DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9939 Janitorial Services for PFA Page 26 of 26 EXHIBIT D CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) and Poudre Fire Authority (the “PFA”) pursuant to this Agreement (the “Agreement”), t he Service Provider hereby acknowledges that it has been informed that the City/PFA has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City/PFA or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City/PFA may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City/PFA, or that relates to the business of the City/PFA, or that is used by the City/PFA in carrying o n business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City/PFA). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City/PFA. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City/PFA. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of t his Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City/PFA in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City/PFA, or the City/PFA so requests for any reason, the Service Provider shall promptly return to the City/PFA any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City/PFA’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City/PFA shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 3/27/2024 IMA,Inc.-Colorado Division 1705 17th Street,Suite 100 Denver CO 80202 IMA Denver Team 303-534-4567 DenAccountTechs@imacorp.com Travelers Casualty and Surety Company of America 31194 KLEEACQ *Pinnacol Assurance 41190Kleen-Tech Services,LLC 7100 Broadway,Suite 6L Denver,CO 80221 Zurich American Insurance Company 16535 Middlesex Insurance Company 23434 56652155 D X 1,000,000 X 1,000,000 X XCU Not Excluded 5,000 1,000,000 3,000,000 X X A0237592004 1/1/2024 1/1/2025 2,000,000 D 1,000,000 X X X A0237592001 1/1/2024 1/1/2025 D X X 5,000,000A02375920051/1/2024 1/1/2025 5,000,000 X 0 B C X N 4220890 WC302962204 1/1/2024 1/1/2024 1/1/2025 1/1/2025 1,000,000 1,000,000 1,000,000 A CRIME 107102503 1/1/2024 1/1/2025 Employee Theft Deductible $1,000,000 $25,000 Blanket Property Coverage:Policy #A0237592002 Effective Dates:1/1/2024-1/1/2025 Insurer D:See Above $2,442,732 Personal Property Limit;$1,000 Deductible;SPC Form/RC Automobile Physical Damage Coverage:Policy #A0237592001 Effective Dates:1/1/2024-1/1/2025 Insurer D:See Above $2,000 Comprehensive Deductible;$2,000 Collision Deductible See Attached... The City of Fort Collins,a Municipal Corporation & Poudre Fire Authority PO Box 580 Fort Collins CO 80522 DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: KLEEACQ 1 1 IMA,Inc.-Colorado Division Kleen-Tech Services,LLC 7100 Broadway,Suite 6L Denver,CO 80221 25 CERTIFICATE OF LIABILITY INSURANCE RE:RFP #23-07-FM. City of Fort Collins and Poudre Fire Authority,its officers,agents and employees are included as Additional Insured on the General,Automobile and Umbrella Liability Policies,if required by written contract or agreement,subject to the policy terms and conditions.A Waiver of Subrogation is provided in favor of City of Fort Collins and Poudre Fire Authority,its officers,agents and employees on the General,Automobile,Umbrella Liability and Workers Compensation Policies,if required by written contract or agreement,subject to the policy terms and conditions.This Insurance is Primary &Non-Contributory on the General,Automobile and Umbrella Liability Policies,if required by written contract or agreement,subject to the policy terms and conditions.Umbrella Liability policy is in excess of the General and Automobile Liability Policies,subject to the terms and conditions of the policy. DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D COMMERCIAL GENERAL LIABILITY CG 71 25 06 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS BLANKET ADDITIONAL INSUREDS, PRIMARY & NONCONTRIBUTORY, WAIVER OF SUBROGATION This endorsement modifies the coverage provided under the following Coverage Form(s): COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE 1.Additional Insureds - Automatic Status for 13 Additional Insured Types Section II - Who Is An Insured is amended to include the following as additional insureds when you have agreed to add that person or organization as an Additional Insured on your policy in a written contract or written agreement with that person or organization, or because of a permit issued by a state or political subdivision; provided the injury or damage occurs subsequent to the execution of the contract or agreement or issuance of the permit and while the contract, agreement or permit remains in effect. A.Owners, Lessees Or Contractors - Automatic Status When Required In A Written Construction Agreement With You 1)A person or organization with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a.Your acts or omissions; or b.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Coverage enhancements are listed below. For details of each coverage, please read the corresponding policy provisions in the body of this endorsement. 1.Additional Insureds - Automatic Status for 13 Additional Insured Types A.Owners, Lessees Or Contractors - Automatic Status When Required In A Written Construction Agreement With You B.Owners, Lessees Or Contractors - Automatic Status When Required In Written Construction Agreement With You (Completed Operations) C.State or Governmental Agency or Subdivision or Political Subdivision - Permits or Authorizations D.Lessor of Leased Equipment E.Owners or Other Interests From Whom Land Has Been Leased F.Manager or Lessor of Premise G.Mortgagee, Assignee, or Receiver H.Controlling Interest I.Co-owner Of Insured Premises J.Executors, Administrators, Trustees Or Beneficiaries K.State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Relating To Premises L.Vendors M.Grantor of Franchise 2.Primary and Noncontributory - Other Insurance Condition 3.Waiver Of Transfer Of Rights Of Recovery Against Others To Us (Waiver Of Subrogation) - Automatic Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 5CG 71 25 06 22 01/04/2024A0237592 Middlesex Insurance Company 00003 0000000000 24004 0 N1 f4c1ace5-8734-4226-97a8-78a10ddace81f4c1ace5-8734-4226-97a8-78a10ddace81 DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. 2)With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: a."Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1.The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2.Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. b."Bodily injury" or "property damage" occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. B.Owners, Lessees Or Contractors - Automatic Status When Required In Written Construction Agreement With You (Completed Operations) 1)Any person(s) or organization(s) with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" performed for that additional insured and included in the "products-completed operations hazard", but only when that portion of the “products-completed operations hazard” is not excluded by endorsement. 2)With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a.The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b.Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the rendering of or the failure to render any professional architectural, engineering or surveying services. C.State or Governmental Agency or Subdivision or Political Subdivision - Permits or Authorizations Any state or governmental agency or subdivision or political subdivision, subject to the following provisions: 1)This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. 2)This insurance does not apply to: Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 71 25 06 22Page 2 of 5 01/04/2024A0237592 Middlesex Insurance Company DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D a."Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b."Bodily injury" or "property damage" included within the "products-completed operations hazard". D.Lessor of Leased Equipment 1)Any person(s) or organization(s) with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). 2)With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. E.Owners or Other Interests From Whom Land Has Been Leased 1)Any person(s) or organization(s) with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by you or those acting on your behalf in connection with the ownership, maintenance or use of that part of the land leased to you by the additional insured person(s) or organization(s). 2)With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: a.Any "occurrence" which takes place after you cease to lease that land; b.Structural alterations, new construction or demolition operations performed by or on behalf of the additional insured person(s) or organization(s). F.Manager or Lessor of Premise Any person(s) or organization(s) with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by you or those acting on your behalf in connection with the ownership, maintenance or use of that part of the premises leased to you by the additional insured person(s) or organization(s), subject to the following additional exclusions: This insurance does not apply to: 1)Any "occurrence" which takes place after you cease to be a tenant in that premises. 2)Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) shown in the Schedule. G.Mortgagee, Assignee, or Receiver Any person(s) or organization(s) with respect to their liability as mortgagee, assignee or receiver and arising out of the ownership, maintenance or use of a premises by you. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured person(s) or organization(s). H.Controlling Interest 1)Any person(s) or organization(s) with respect to their liability arising out of: a.Their financial control of you; or b.Premises they own, maintain or control while you lease or occupy these premises. 2)This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. I.Co-owner Of Insured Premises Any person(s) or organization(s) with respect to their liability as co-owner of a premises co-owned by you and covered under this insurance. J.Executors, Administrators, Trustees Or Beneficiaries Any executor, administrator, trustee or beneficiary of your estate or living trust while acting within the scope of their duties as such. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 5CG 71 25 06 22 01/04/2024A0237592 Middlesex Insurance Company 00003 0000000000 24004 0 N3 f4c1ace5-8734-4226-97a8-78a10ddace81f4c1ace5-8734-4226-97a8-78a10ddace81 DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D K.State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Relating To Premises Any state or governmental agency or subdivision or political subdivision, subject to the following additional provision: This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: 1)The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or 2)The construction, erection or removal of elevators; or 3)The ownership, maintenance or use of any elevators covered by this insurance. L.Vendors 1)Any person(s) or organization(s) (referred to throughout this endorsement as vendor), but only with respect to liability for "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. However: a.The insurance afforded to such vendor only applies to the extent permitted by law; and b.If coverage provided to the vendor is required by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. 2)With respect to the insurance afforded to these vendors, the following additional exclusions apply: a.The insurance afforded the vendor does not apply to: 1)"Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; 2)Any express warranty unauthorized by you; 3)Any physical or chemical change in the product made intentionally by the vendor; 4)Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; 5)Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; 6)Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; 7)Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or 8)"Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1)The exceptions contained in Subparagraphs d. or f.; or Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 71 25 06 22Page 4 of 5 01/04/2024A0237592 Middlesex Insurance Company DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D (2)Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. b.This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. M.Grantor of Franchise Any person(s) or organization(s) with respect to their liability as grantor of a franchise to you. However: 1.The insurance afforded to such additional insureds only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. If there is any difference in coverage afforded to an additional insured in this endorsement and that provided under another additional insured endorsement attached to this policy, the broader coverage will apply to that additional insured. 2.Primary And Noncontributory Insurance The following is added to the Other Insurance Condition and supersedes any provision to the contrary: 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 (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. 3.Waiver Of Transfer Of Rights Of Recovery Against Others To Us (Waiver Of Subrogation) - Automatic The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery against any person or organization, because of any payment we make under this Coverage Part, to whom the insured has waived its right of recovery in a written contract or agreement. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person or organization prior to loss. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 5CG 71 25 06 22 01/04/2024A0237592 Middlesex Insurance Company 00003 0000000000 24004 0 N5 f4c1ace5-8734-4226-97a8-78a10ddace81f4c1ace5-8734-4226-97a8-78a10ddace81 DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D CG 71 18 06 20 Page 1 of 2 COMMERCIAL GENERAL LIABILITY CG 71 18 06 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EACH CONSTRUCTION PROJECT GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Policy Maximum Each Construction Project General Aggregate Limit: Not Applicable Designated Construction Project(s): All construction projects away from premise owned by or rented by insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A, and for all medical expenses caused by accidents under Section I - Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1.Subject to Paragraph 2. below, a separate Each Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2.If shown in the Schedule, the Policy Maximum Each Construction Project General Aggregate Limit is the most we will pay for the sum of all damages paid under all Each Construction Project General Aggregate Limits included in this policy. 3.Subject to Paragraph 2. above, the Each Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under Coverage C regardless of the number of: a.Insureds; b.Claims made or "suits" brought; or c.Persons or organizations making claims or bringing "suits". 4.Subject to Paragraph 2. above, any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Each Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Each Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 5.Subject to Paragraph 2. above, the limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Each Construction Project General Aggregate Limit. Includes copyrighted material of Insurance Services Office, Inc., with its permission.01/04/2024A0237592 Middlesex Insurance Company 00001 0000000000 24004 0 N1 469c914c-e026-4053-a06e-38ba36ff2662469c914c-e026-4053-a06e-38ba36ff2662 DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D Page 2 of 2 CG 71 18 06 20 B.For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A, and for all medical expenses caused by accidents under Section I - Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1.Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-completed Operations Aggregate Limit, whichever is applicable; and 2.Such payments shall not reduce any Each Construction Project General Aggregate Limit provided under this policy. C.When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor any Each Construction Project General Aggregate Limit provided under this policy. D.If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E.The provisions of Section III - Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Includes copyrighted material of Insurance Services Office, Inc., with its permission.01/04/2024A0237592 Middlesex Insurance Company DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D COMMERCIAL AUTO CA 70 57 06 22 SPECIAL BROAD FORM AUTO ENDORSEMENT This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM 1.Broadened Who Is An Insured Under Section II - Covered Autos Liability Coverage, the following is added to Coverage A.1. Who Is An Insured: d.Employees As Insureds Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or personal affairs. e.Newly Acquired Organizations Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: 1.Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period; whichever is earlier; and 2.Coverage does not apply to "bodily injury", "property damage" or "covered pollution cost or expense" that occurred before you acquired or formed the organization. f.For Any Covered “Auto”: Who Is An Insured is amended to include as an insured any organization or subsidiary thereof which is a legally incorporated entity of which you own a financial interest of more than 50 percent of the voting stock on the effective date of this endorsement. This provision applies only if there is no similar insurance available to the entity described above. 2.Additional Insured by Contract, Agreement or Permit SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who is An Insured is amended to include the following as an “insured”: A.Any person or organization, where you have agreed by written contract to add as an additional insured, is an insured but only to the extent that person or organization qualifies as an “insured” under the Who is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto Coverage Form. The insurance afforded under this provision only applies if the “bodily injury” or “property damage” occurs: 1.During the policy period, and 2.After the execution of such written contract, and 3.Prior to the expiration of the period that the written contract requires such insurance to be provided to the additional insured. B.This insurance is primary to and will not seek contribution from any other auto insurance issued to the person or organization in the schedule under your policy provided that: 1.The person or organization is a Named Insured under such other insurance; and 2.Prior to the “accident” 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 person or organization. 3.Waiver of Transfer of Rights of Recovery The Transfer of Rights of Recovery Against Others to Us Condition does not apply to any person(s) or organization(s) for whom you are required to waive subrogation with the respect to coverage provided under this Coverage Form, but only to the extent that subrogation is waived: A.Under a written contract or agreement with such person(s) or organization(s), and B.Prior to the “accident” or the “loss.” 4.Broadened Supplementary Payments Coverage Extension 2.a. Supplementary Payments under Section II - Covered Autos Liability Coverages is amended as follows: A.Paragraph 2.a.(2) is amended to pay up to $3,000 for cost of bail bonds; and Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 4CA 70 57 06 22 01/04/2024A0237592 Middlesex Insurance Company 00002 0000000000 24004 0 N1 10ec231b-9c21-4bfc-b939-bc023fbe6b6e10ec231b-9c21-4bfc-b939-bc023fbe6b6e DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D B.Paragraph 2.a.(4) is amended to pay for loss of earnings up to $500 a day because of time off from work. 5.Fellow Employee Bodily Injury Extension The Fellow Employee exclusion contained in Section II - Covered Autos Liability Coverage does not apply. 6.Accidental Airbag Discharge The following is added to Exclusion B.3.a. under Section III - PHYSICAL DAMAGE: This exclusion does not apply to the accidental discharge of an airbag in a covered auto for a loss that Physical Damage Coverage is shown in the Declarations. 7.Towing We will pay up to the limit shown in the Declarations for towing and labor costs incurred each time a covered “auto” that is a private passenger type, light truck or medium truck is disabled. However, the labor must be performed at the place of disablement. 8.Physical Damage Coverage Extensions The following replaces the Coverage Extensions under Section III - PHYSICAL DAMAGE: a.Transportation Expenses We will pay up to $75 per day to a maximum of $1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger, truck or van type with a Gross Vehicle Weight of less than 10,000 pounds. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". b.Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use expense if caused by: (1)Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2)Specified Causes Of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for any covered "auto"; or (3)Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $50 per day, to a maximum of $1,500. 9.Rental Reimbursement A.For any covered "auto" for which Comprehensive and Collision coverages are provided, we will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". B.We will pay up to the limit shown in the Declarations for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". No deductibles apply to this coverage. C.We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: 1.The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you. 2.The number of days shown in the Schedule. D.Our payment is limited to the lesser of the following amounts: 1.Necessary and actual expenses incurred. 2.The maximum payment stated in the Schedule applicable to "any one day" or "any one period". E.This coverage does not apply while there are spare or reserve "autos" available to you for your operations. F.If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage Coverage Extension. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CA 70 57 06 22Page 2 of 4 01/04/2024A0237592 Middlesex Insurance Company DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D G.Our payment under this coverage extension is excess over any other rental reimbursement coverage available to you. 10.Hired Auto Physical Damage A.If you have Comprehensive or Specified Causes of Loss and Collision Coverages provided on your owned "autos" you may extend Physical Damage Coverage to any "autos" you lease, hire, rent or borrow; provided you have Liability Coverage for hired "autos". B.The hired "auto" must be of like kind and used as the "autos" owned and covered under this Coverage Form. C.The most we will pay for "loss" to any hired "auto" in any one "accident" is the least of the following amounts: (1)$75,000 (2)The actual cash value of the hired "auto" at the time of the "loss" (3)The cost of repairing or replacing the hired auto” with other property of like kind and quality D.The following deductible provisions apply: (1)The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage shown in the Declarations. E.Any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto" under this coverage extension. 11.Auto Loan And Lease Gap Coverage Section III - PHYSICAL DAMAGE is amended by the addition of the following: A.In the event of a total "loss" to a covered "auto" shown in the Declarations, we will pay any unpaid amount due on the lease or loan for a covered "auto", less: (1)The amount paid under the policy's Physical Damage Coverage; and (2)Any: (a)Overdue or any deferred lease/loan payments at the time of the "loss"; (b)Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c)Security deposits not returned by the lessor; (d)Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e)Carry-over balances from previous loans or leases. B.This coverage extension applies to covered autos that are loaned or leased for a period of six months or longer and which have been provided Physical Damage Coverage. The "loss" must be caused by damage for which coverage is shown in the Declarations. C.For the purposes of this clause, the following is added to the Other Insurance Condition in the Business Auto Coverage Form: The insurance provided by the Auto Loan and Lease Gap Coverage is excess over any other collectible insurance including but not limited to any coverage provided by or purchased from the lessor or any financial institution. 12.Personal Effects The following is added to A.4. Coverage Extensions under Section III - Physical Damage Coverage: A.We will extend Physical Damage Coverage on a covered "auto" to include personal property owned by you, a relative or an "employee" that is in the covered "auto" at the time of "loss". The "loss" must be caused by damage for which coverage is shown in the Declarations. There must be evidence of forced entry for loss caused by theft. B.The exclusion referring to tapes, records, discs or other similar audio, visual or data electronic devices designated for use with audio, visual or data electronic equipment does not apply. C.The most we will pay for any one "loss" under this coverage extension is $2,000. No Physical Damage Coverage deductible applies to this coverage extension. D.Coverage provided by this Personal Effects extension is excess over any other collectible insurance. E.The coverage extension does not apply to the following property: (1)Any device designed or used to detect speed-measuring equipment such as radar or laser detectors and any jamming apparatus intended to elude or disrupt speed-measurement equipment; (2)Tools; (3)Jewelry, precious metals and loose gems; (4)Money and securities; or Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 4CA 70 57 06 22 01/04/2024A0237592 Middlesex Insurance Company 00002 0000000000 24004 0 N3 10ec231b-9c21-4bfc-b939-bc023fbe6b6e10ec231b-9c21-4bfc-b939-bc023fbe6b6e DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D (5)Property specifically insured or covered under the Business Personal Property Coverage of this policy. 13.Glass Deductible Under Section III - PHYSICAL DAMAGE, the following is added to A.3. Glass Breakage - Hitting A Bird Or Animal - Falling Objects Or Missiles Coverage: The Comprehensive Coverage deductible shown in the Declarations does not apply to glass breakage if such glass is repaired rather than replaced. 14.Broad Knowledge Of Accident, Claim, Suit Or Loss Under Section IV - Business Auto Conditions, the following is added to Loss Conditions A.2. Duties In The Event Of Accident, Claim, Suit Or Loss: Knowledge of an "accident", claim, "suit" or "loss" by an agent or "employee" of an insured or receipt of any demand, notice, summons or other legal paper in connection with a claim or "suit" by any agent or "employee" of any insured shall not in itself constitute knowledge of the named insured or receipt of the named insured, unless a partner, member, manager, executive officer or director shall have such knowledge or shall have received such demand, notice, summons or legal paper. 15.Unintentional Failure To Disclose Hazards Under Section IV - Business Auto Conditions, the following is added to General Conditions B.2. Concealment, Misrepresentation Or Fraud: If in your representations to us you unintentionally failed to disclose all hazards and exposures subject to this insurance, we shall not deny all coverage under this policy because of such oversight. 16.Mental Anguish A.The definition of "bodily injury" under Section V - Definitions is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including "mental anguish" or death resulting from any of these at any time. B.The following definition is added to Section V - Definitions: "Mental anguish" means extreme pain or distress inflicted upon an individual's emotional and intellectual condition with regard to the individual's response to the environment. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CA 70 57 06 22Page 4 of 4 01/04/2024A0237592 Middlesex Insurance Company DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D ADDITIONAL INTEREST SUPPLEMENTAL DECLARATIONS POLICY NUMBER: A0237592001 The following additional interests apply to this policy. Any person or organization you are required to add as an additional insured under a written contract or written agreement in effect prior to any loss or damage 7100 Broadway Ste 6L Denver, CO 80221-2925 CA 70 13 10 13 Auto Additional Insured Relationship or Capacity: On file with company Description of Auto: On file with company CA 76 01 06 15 Designated Insured - Primary and Noncontributory - Covered Autos Liability Coverage Any person or organization from whom you are required to waive your right to recover under a written contract or agreement in effect prior to any loss or damage 7100 Broadway Ste 6L Denver, CO 80221-2925 CA 04 44 10 13 Waiver Of Transfer Of Rights Of Recovery Against Others To Us (Waiver Of Subrogation) Page 1 of 1CA 89 04 10 14 01/04/2024A0237592 Middlesex Insurance Company 00001 0000000000 24004 0 N1 4a460bff-3f22-4cd3-a957-eb48bc8746834a460bff-3f22-4cd3-a957-eb48bc874683 DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D 7501 E. Lowry Blvd Denver, CO 80230-7006 Page 6 of 6 P HUNOLDL - Underwriter 12/19/2019 18:20:23 4220890 55225013 P400 PART SIX - CONDITIONS A.The Policy We have the right, but are not obligated to inspect your workplaces at any time. Our inspections are not safety inspections. They relate only to the insurability of the workplaces and the premiums to be charged. We may give you reports on the conditions we find. We may also recommend changes. While they may help reduce losses, we do not undertake to perform the duty of any person to provide for the health or safety of your employees or the public. We do not warrant that your workplaces are safe or healthful or that they comply with laws, regulations, codes or standards. Insurance rate service organizations have the same rights we have under this provision. B.Long Term Policy If the policy period stated on the original or renewal Information Page is longer than one year and sixteen days, all provisions of this policy will apply as though a new policy were issued on each annual anniversary that this policy is in force. C.Transfer Of Your Rights and Duties Your rights or duties under this policy may not be transferred without our written consent. If you die and we receive notice within thirty days after your death, we will cover your legal representative as insured. D.Cancellation 1.You may cancel this policy. You must mail or deliver in writing THIRTY DAYS advance notice to us stating when the cancellation is to take effect. 2.We may cancel this policy. We must mail or deliver to you not less than ten days advance written notice stating when the cancellation is to take effect. Mailing that notice to you at your mailing address shown in item 1 of the Information Page will be sufficient to prove notice. 3.The policy period will end on the day and hour stated in the cancellation notice. 4.Any of these provisions that conflicts with a law that controls the cancellation of the insurance in this policy is changed by this statement to comply with that law. Colorado Revised Statute 8-44-110 requires all insurance carriers to give a 30-day notice of cancellation, except in the case of: Fraud; Material Misrepresentation; Nonpayment of Premium; Other reasons approved by the Commissioner of Insurance. 5.Upon cancellation of the policy, any amounts retained by Pinnacol Assurance, including but not limited to: deposits, credits, interest, etc. shall first be applied towards any indebtedness of the policyholder and the remainder shall be returned to the policyholder. The retention of any such amounts by Pinnacol Assurance after cancellation of the policy shall not affect the cancellation of the policy. E.Sole Representative The insured first named in item 1 of the Information Page will act on behalf of all insureds to change this policy, receive return premium, and give or receive notice of cancellation. F.This policy shall automatically renew for succeeding periods of one year each after the expiration of the policy period stated on the Information Page. Each renewal premium shall be paid to us within 20 days of the billing date on the renewal statement. G.This contract shall be considered made and entered into at and within the City and County of Denver, State of Colorado and all premiums due or to become due shall be payable at our office 7501 E Lowry Blvd Denver, CO 80230-7006. Effective Date: Policy #: 4220890 Phil Kalin, President and CEO 1/1/2024 DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D 7501 E. Lowry Blvd. Denver, CO 80230-7006 303.361.4000 / 800.873.7242 Pinnacol.com Kleen-Tech Acquisition LLC 7100 Broadway Suite 6L Denver, CO 80221 IMA, Inc 1705 17th Street Suite 100 Denver, CO 80202 (303) 534-4567 7501 E. Lowry Blvd Denver, CO 80230-7006 HUNOLDL - UnderwriterPPage 1 of 1 12/19/2019 11:59:27 4220890 55225257 359-B NCCI #: WC000313B Policy #: 4220890 ENDORSEMENT: Blanket Waiver of Subrogation Expires on: Pinnacol Assurance has issued this 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 To any person or organization when agreed to under a written contract or agreement, as defined above and with the insured, which is in effect and executed prior to any loss. Effective Date: 1/1/2024 1/1/2025 DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 3/27/2024 IMA,Inc.-Colorado Division 1705 17th Street,Suite 100 Denver CO 80202 IMA Denver Team 303-534-4567 DenAccountTechs@imacorp.com Travelers Casualty and Surety Company of America 31194 KLEEACQ *Pinnacol Assurance 41190Kleen-Tech Services,LLC 7100 Broadway,Suite 6L Denver,CO 80221 Zurich American Insurance Company 16535 Middlesex Insurance Company 23434 56652155 D X 1,000,000 X 1,000,000 X XCU Not Excluded 5,000 1,000,000 3,000,000 X X A0237592004 1/1/2024 1/1/2025 2,000,000 D 1,000,000 X X X A0237592001 1/1/2024 1/1/2025 D X X 5,000,000A02375920051/1/2024 1/1/2025 5,000,000 X 0 B C X N 4220890 WC302962204 1/1/2024 1/1/2024 1/1/2025 1/1/2025 1,000,000 1,000,000 1,000,000 A CRIME 107102503 1/1/2024 1/1/2025 Employee Theft Deductible $1,000,000 $25,000 Blanket Property Coverage:Policy #A0237592002 Effective Dates:1/1/2024-1/1/2025 Insurer D:See Above $2,442,732 Personal Property Limit;$1,000 Deductible;SPC Form/RC Automobile Physical Damage Coverage:Policy #A0237592001 Effective Dates:1/1/2024-1/1/2025 Insurer D:See Above $2,000 Comprehensive Deductible;$2,000 Collision Deductible See Attached... The City of Fort Collins,a Municipal Corporation & Poudre Fire Authority PO Box 580 Fort Collins CO 80522 DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: KLEEACQ 1 1 IMA,Inc.-Colorado Division Kleen-Tech Services,LLC 7100 Broadway,Suite 6L Denver,CO 80221 25 CERTIFICATE OF LIABILITY INSURANCE RE:RFP #23-07-FM. City of Fort Collins and Poudre Fire Authority,its officers,agents and employees are included as Additional Insured on the General,Automobile and Umbrella Liability Policies,if required by written contract or agreement,subject to the policy terms and conditions.A Waiver of Subrogation is provided in favor of City of Fort Collins and Poudre Fire Authority,its officers,agents and employees on the General,Automobile,Umbrella Liability and Workers Compensation Policies,if required by written contract or agreement,subject to the policy terms and conditions.This Insurance is Primary &Non-Contributory on the General,Automobile and Umbrella Liability Policies,if required by written contract or agreement,subject to the policy terms and conditions.Umbrella Liability policy is in excess of the General and Automobile Liability Policies,subject to the terms and conditions of the policy. DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D COMMERCIAL GENERAL LIABILITY CG 71 25 06 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS BLANKET ADDITIONAL INSUREDS, PRIMARY & NONCONTRIBUTORY, WAIVER OF SUBROGATION This endorsement modifies the coverage provided under the following Coverage Form(s): COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE 1.Additional Insureds - Automatic Status for 13 Additional Insured Types Section II - Who Is An Insured is amended to include the following as additional insureds when you have agreed to add that person or organization as an Additional Insured on your policy in a written contract or written agreement with that person or organization, or because of a permit issued by a state or political subdivision; provided the injury or damage occurs subsequent to the execution of the contract or agreement or issuance of the permit and while the contract, agreement or permit remains in effect. A.Owners, Lessees Or Contractors - Automatic Status When Required In A Written Construction Agreement With You 1)A person or organization with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a.Your acts or omissions; or b.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Coverage enhancements are listed below. For details of each coverage, please read the corresponding policy provisions in the body of this endorsement. 1.Additional Insureds - Automatic Status for 13 Additional Insured Types A.Owners, Lessees Or Contractors - Automatic Status When Required In A Written Construction Agreement With You B.Owners, Lessees Or Contractors - Automatic Status When Required In Written Construction Agreement With You (Completed Operations) C.State or Governmental Agency or Subdivision or Political Subdivision - Permits or Authorizations D.Lessor of Leased Equipment E.Owners or Other Interests From Whom Land Has Been Leased F.Manager or Lessor of Premise G.Mortgagee, Assignee, or Receiver H.Controlling Interest I.Co-owner Of Insured Premises J.Executors, Administrators, Trustees Or Beneficiaries K.State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Relating To Premises L.Vendors M.Grantor of Franchise 2.Primary and Noncontributory - Other Insurance Condition 3.Waiver Of Transfer Of Rights Of Recovery Against Others To Us (Waiver Of Subrogation) - Automatic Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 5CG 71 25 06 22 01/04/2024A0237592 Middlesex Insurance Company 00003 0000000000 24004 0 N1 f4c1ace5-8734-4226-97a8-78a10ddace81f4c1ace5-8734-4226-97a8-78a10ddace81 DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. 2)With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: a."Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1.The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2.Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. b."Bodily injury" or "property damage" occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. B.Owners, Lessees Or Contractors - Automatic Status When Required In Written Construction Agreement With You (Completed Operations) 1)Any person(s) or organization(s) with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" performed for that additional insured and included in the "products-completed operations hazard", but only when that portion of the “products-completed operations hazard” is not excluded by endorsement. 2)With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a.The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b.Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the rendering of or the failure to render any professional architectural, engineering or surveying services. C.State or Governmental Agency or Subdivision or Political Subdivision - Permits or Authorizations Any state or governmental agency or subdivision or political subdivision, subject to the following provisions: 1)This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. 2)This insurance does not apply to: Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 71 25 06 22Page 2 of 5 01/04/2024A0237592 Middlesex Insurance Company DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D a."Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b."Bodily injury" or "property damage" included within the "products-completed operations hazard". D.Lessor of Leased Equipment 1)Any person(s) or organization(s) with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). 2)With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. E.Owners or Other Interests From Whom Land Has Been Leased 1)Any person(s) or organization(s) with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by you or those acting on your behalf in connection with the ownership, maintenance or use of that part of the land leased to you by the additional insured person(s) or organization(s). 2)With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: a.Any "occurrence" which takes place after you cease to lease that land; b.Structural alterations, new construction or demolition operations performed by or on behalf of the additional insured person(s) or organization(s). F.Manager or Lessor of Premise Any person(s) or organization(s) with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by you or those acting on your behalf in connection with the ownership, maintenance or use of that part of the premises leased to you by the additional insured person(s) or organization(s), subject to the following additional exclusions: This insurance does not apply to: 1)Any "occurrence" which takes place after you cease to be a tenant in that premises. 2)Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) shown in the Schedule. G.Mortgagee, Assignee, or Receiver Any person(s) or organization(s) with respect to their liability as mortgagee, assignee or receiver and arising out of the ownership, maintenance or use of a premises by you. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured person(s) or organization(s). H.Controlling Interest 1)Any person(s) or organization(s) with respect to their liability arising out of: a.Their financial control of you; or b.Premises they own, maintain or control while you lease or occupy these premises. 2)This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. I.Co-owner Of Insured Premises Any person(s) or organization(s) with respect to their liability as co-owner of a premises co-owned by you and covered under this insurance. J.Executors, Administrators, Trustees Or Beneficiaries Any executor, administrator, trustee or beneficiary of your estate or living trust while acting within the scope of their duties as such. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 5CG 71 25 06 22 01/04/2024A0237592 Middlesex Insurance Company 00003 0000000000 24004 0 N3 f4c1ace5-8734-4226-97a8-78a10ddace81f4c1ace5-8734-4226-97a8-78a10ddace81 DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D K.State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Relating To Premises Any state or governmental agency or subdivision or political subdivision, subject to the following additional provision: This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: 1)The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or 2)The construction, erection or removal of elevators; or 3)The ownership, maintenance or use of any elevators covered by this insurance. L.Vendors 1)Any person(s) or organization(s) (referred to throughout this endorsement as vendor), but only with respect to liability for "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. However: a.The insurance afforded to such vendor only applies to the extent permitted by law; and b.If coverage provided to the vendor is required by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. 2)With respect to the insurance afforded to these vendors, the following additional exclusions apply: a.The insurance afforded the vendor does not apply to: 1)"Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; 2)Any express warranty unauthorized by you; 3)Any physical or chemical change in the product made intentionally by the vendor; 4)Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; 5)Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; 6)Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; 7)Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or 8)"Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1)The exceptions contained in Subparagraphs d. or f.; or Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 71 25 06 22Page 4 of 5 01/04/2024A0237592 Middlesex Insurance Company DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D (2)Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. b.This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. M.Grantor of Franchise Any person(s) or organization(s) with respect to their liability as grantor of a franchise to you. However: 1.The insurance afforded to such additional insureds only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. If there is any difference in coverage afforded to an additional insured in this endorsement and that provided under another additional insured endorsement attached to this policy, the broader coverage will apply to that additional insured. 2.Primary And Noncontributory Insurance The following is added to the Other Insurance Condition and supersedes any provision to the contrary: 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 (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. 3.Waiver Of Transfer Of Rights Of Recovery Against Others To Us (Waiver Of Subrogation) - Automatic The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery against any person or organization, because of any payment we make under this Coverage Part, to whom the insured has waived its right of recovery in a written contract or agreement. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person or organization prior to loss. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 5CG 71 25 06 22 01/04/2024A0237592 Middlesex Insurance Company 00003 0000000000 24004 0 N5 f4c1ace5-8734-4226-97a8-78a10ddace81f4c1ace5-8734-4226-97a8-78a10ddace81 DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D CG 71 18 06 20 Page 1 of 2 COMMERCIAL GENERAL LIABILITY CG 71 18 06 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EACH CONSTRUCTION PROJECT GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Policy Maximum Each Construction Project General Aggregate Limit: Not Applicable Designated Construction Project(s): All construction projects away from premise owned by or rented by insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A, and for all medical expenses caused by accidents under Section I - Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1.Subject to Paragraph 2. below, a separate Each Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2.If shown in the Schedule, the Policy Maximum Each Construction Project General Aggregate Limit is the most we will pay for the sum of all damages paid under all Each Construction Project General Aggregate Limits included in this policy. 3.Subject to Paragraph 2. above, the Each Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under Coverage C regardless of the number of: a.Insureds; b.Claims made or "suits" brought; or c.Persons or organizations making claims or bringing "suits". 4.Subject to Paragraph 2. above, any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Each Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Each Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 5.Subject to Paragraph 2. above, the limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Each Construction Project General Aggregate Limit. Includes copyrighted material of Insurance Services Office, Inc., with its permission.01/04/2024A0237592 Middlesex Insurance Company 00001 0000000000 24004 0 N1 469c914c-e026-4053-a06e-38ba36ff2662469c914c-e026-4053-a06e-38ba36ff2662 DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D Page 2 of 2 CG 71 18 06 20 B.For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A, and for all medical expenses caused by accidents under Section I - Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1.Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-completed Operations Aggregate Limit, whichever is applicable; and 2.Such payments shall not reduce any Each Construction Project General Aggregate Limit provided under this policy. C.When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor any Each Construction Project General Aggregate Limit provided under this policy. D.If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E.The provisions of Section III - Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Includes copyrighted material of Insurance Services Office, Inc., with its permission.01/04/2024A0237592 Middlesex Insurance Company DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D COMMERCIAL AUTO CA 70 57 06 22 SPECIAL BROAD FORM AUTO ENDORSEMENT This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM 1.Broadened Who Is An Insured Under Section II - Covered Autos Liability Coverage, the following is added to Coverage A.1. Who Is An Insured: d.Employees As Insureds Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or personal affairs. e.Newly Acquired Organizations Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: 1.Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period; whichever is earlier; and 2.Coverage does not apply to "bodily injury", "property damage" or "covered pollution cost or expense" that occurred before you acquired or formed the organization. f.For Any Covered “Auto”: Who Is An Insured is amended to include as an insured any organization or subsidiary thereof which is a legally incorporated entity of which you own a financial interest of more than 50 percent of the voting stock on the effective date of this endorsement. This provision applies only if there is no similar insurance available to the entity described above. 2.Additional Insured by Contract, Agreement or Permit SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who is An Insured is amended to include the following as an “insured”: A.Any person or organization, where you have agreed by written contract to add as an additional insured, is an insured but only to the extent that person or organization qualifies as an “insured” under the Who is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto Coverage Form. The insurance afforded under this provision only applies if the “bodily injury” or “property damage” occurs: 1.During the policy period, and 2.After the execution of such written contract, and 3.Prior to the expiration of the period that the written contract requires such insurance to be provided to the additional insured. B.This insurance is primary to and will not seek contribution from any other auto insurance issued to the person or organization in the schedule under your policy provided that: 1.The person or organization is a Named Insured under such other insurance; and 2.Prior to the “accident” 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 person or organization. 3.Waiver of Transfer of Rights of Recovery The Transfer of Rights of Recovery Against Others to Us Condition does not apply to any person(s) or organization(s) for whom you are required to waive subrogation with the respect to coverage provided under this Coverage Form, but only to the extent that subrogation is waived: A.Under a written contract or agreement with such person(s) or organization(s), and B.Prior to the “accident” or the “loss.” 4.Broadened Supplementary Payments Coverage Extension 2.a. Supplementary Payments under Section II - Covered Autos Liability Coverages is amended as follows: A.Paragraph 2.a.(2) is amended to pay up to $3,000 for cost of bail bonds; and Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 4CA 70 57 06 22 01/04/2024A0237592 Middlesex Insurance Company 00002 0000000000 24004 0 N1 10ec231b-9c21-4bfc-b939-bc023fbe6b6e10ec231b-9c21-4bfc-b939-bc023fbe6b6e DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D B.Paragraph 2.a.(4) is amended to pay for loss of earnings up to $500 a day because of time off from work. 5.Fellow Employee Bodily Injury Extension The Fellow Employee exclusion contained in Section II - Covered Autos Liability Coverage does not apply. 6.Accidental Airbag Discharge The following is added to Exclusion B.3.a. under Section III - PHYSICAL DAMAGE: This exclusion does not apply to the accidental discharge of an airbag in a covered auto for a loss that Physical Damage Coverage is shown in the Declarations. 7.Towing We will pay up to the limit shown in the Declarations for towing and labor costs incurred each time a covered “auto” that is a private passenger type, light truck or medium truck is disabled. However, the labor must be performed at the place of disablement. 8.Physical Damage Coverage Extensions The following replaces the Coverage Extensions under Section III - PHYSICAL DAMAGE: a.Transportation Expenses We will pay up to $75 per day to a maximum of $1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger, truck or van type with a Gross Vehicle Weight of less than 10,000 pounds. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". b.Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use expense if caused by: (1)Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2)Specified Causes Of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for any covered "auto"; or (3)Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $50 per day, to a maximum of $1,500. 9.Rental Reimbursement A.For any covered "auto" for which Comprehensive and Collision coverages are provided, we will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". B.We will pay up to the limit shown in the Declarations for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". No deductibles apply to this coverage. C.We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: 1.The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you. 2.The number of days shown in the Schedule. D.Our payment is limited to the lesser of the following amounts: 1.Necessary and actual expenses incurred. 2.The maximum payment stated in the Schedule applicable to "any one day" or "any one period". E.This coverage does not apply while there are spare or reserve "autos" available to you for your operations. F.If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage Coverage Extension. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CA 70 57 06 22Page 2 of 4 01/04/2024A0237592 Middlesex Insurance Company DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D G.Our payment under this coverage extension is excess over any other rental reimbursement coverage available to you. 10.Hired Auto Physical Damage A.If you have Comprehensive or Specified Causes of Loss and Collision Coverages provided on your owned "autos" you may extend Physical Damage Coverage to any "autos" you lease, hire, rent or borrow; provided you have Liability Coverage for hired "autos". B.The hired "auto" must be of like kind and used as the "autos" owned and covered under this Coverage Form. C.The most we will pay for "loss" to any hired "auto" in any one "accident" is the least of the following amounts: (1)$75,000 (2)The actual cash value of the hired "auto" at the time of the "loss" (3)The cost of repairing or replacing the hired auto” with other property of like kind and quality D.The following deductible provisions apply: (1)The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage shown in the Declarations. E.Any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto" under this coverage extension. 11.Auto Loan And Lease Gap Coverage Section III - PHYSICAL DAMAGE is amended by the addition of the following: A.In the event of a total "loss" to a covered "auto" shown in the Declarations, we will pay any unpaid amount due on the lease or loan for a covered "auto", less: (1)The amount paid under the policy's Physical Damage Coverage; and (2)Any: (a)Overdue or any deferred lease/loan payments at the time of the "loss"; (b)Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c)Security deposits not returned by the lessor; (d)Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e)Carry-over balances from previous loans or leases. B.This coverage extension applies to covered autos that are loaned or leased for a period of six months or longer and which have been provided Physical Damage Coverage. The "loss" must be caused by damage for which coverage is shown in the Declarations. C.For the purposes of this clause, the following is added to the Other Insurance Condition in the Business Auto Coverage Form: The insurance provided by the Auto Loan and Lease Gap Coverage is excess over any other collectible insurance including but not limited to any coverage provided by or purchased from the lessor or any financial institution. 12.Personal Effects The following is added to A.4. Coverage Extensions under Section III - Physical Damage Coverage: A.We will extend Physical Damage Coverage on a covered "auto" to include personal property owned by you, a relative or an "employee" that is in the covered "auto" at the time of "loss". The "loss" must be caused by damage for which coverage is shown in the Declarations. There must be evidence of forced entry for loss caused by theft. B.The exclusion referring to tapes, records, discs or other similar audio, visual or data electronic devices designated for use with audio, visual or data electronic equipment does not apply. C.The most we will pay for any one "loss" under this coverage extension is $2,000. No Physical Damage Coverage deductible applies to this coverage extension. D.Coverage provided by this Personal Effects extension is excess over any other collectible insurance. E.The coverage extension does not apply to the following property: (1)Any device designed or used to detect speed-measuring equipment such as radar or laser detectors and any jamming apparatus intended to elude or disrupt speed-measurement equipment; (2)Tools; (3)Jewelry, precious metals and loose gems; (4)Money and securities; or Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 4CA 70 57 06 22 01/04/2024A0237592 Middlesex Insurance Company 00002 0000000000 24004 0 N3 10ec231b-9c21-4bfc-b939-bc023fbe6b6e10ec231b-9c21-4bfc-b939-bc023fbe6b6e DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D (5)Property specifically insured or covered under the Business Personal Property Coverage of this policy. 13.Glass Deductible Under Section III - PHYSICAL DAMAGE, the following is added to A.3. Glass Breakage - Hitting A Bird Or Animal - Falling Objects Or Missiles Coverage: The Comprehensive Coverage deductible shown in the Declarations does not apply to glass breakage if such glass is repaired rather than replaced. 14.Broad Knowledge Of Accident, Claim, Suit Or Loss Under Section IV - Business Auto Conditions, the following is added to Loss Conditions A.2. Duties In The Event Of Accident, Claim, Suit Or Loss: Knowledge of an "accident", claim, "suit" or "loss" by an agent or "employee" of an insured or receipt of any demand, notice, summons or other legal paper in connection with a claim or "suit" by any agent or "employee" of any insured shall not in itself constitute knowledge of the named insured or receipt of the named insured, unless a partner, member, manager, executive officer or director shall have such knowledge or shall have received such demand, notice, summons or legal paper. 15.Unintentional Failure To Disclose Hazards Under Section IV - Business Auto Conditions, the following is added to General Conditions B.2. Concealment, Misrepresentation Or Fraud: If in your representations to us you unintentionally failed to disclose all hazards and exposures subject to this insurance, we shall not deny all coverage under this policy because of such oversight. 16.Mental Anguish A.The definition of "bodily injury" under Section V - Definitions is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including "mental anguish" or death resulting from any of these at any time. B.The following definition is added to Section V - Definitions: "Mental anguish" means extreme pain or distress inflicted upon an individual's emotional and intellectual condition with regard to the individual's response to the environment. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CA 70 57 06 22Page 4 of 4 01/04/2024A0237592 Middlesex Insurance Company DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D ADDITIONAL INTEREST SUPPLEMENTAL DECLARATIONS POLICY NUMBER: A0237592001 The following additional interests apply to this policy. Any person or organization you are required to add as an additional insured under a written contract or written agreement in effect prior to any loss or damage 7100 Broadway Ste 6L Denver, CO 80221-2925 CA 70 13 10 13 Auto Additional Insured Relationship or Capacity: On file with company Description of Auto: On file with company CA 76 01 06 15 Designated Insured - Primary and Noncontributory - Covered Autos Liability Coverage Any person or organization from whom you are required to waive your right to recover under a written contract or agreement in effect prior to any loss or damage 7100 Broadway Ste 6L Denver, CO 80221-2925 CA 04 44 10 13 Waiver Of Transfer Of Rights Of Recovery Against Others To Us (Waiver Of Subrogation) Page 1 of 1CA 89 04 10 14 01/04/2024A0237592 Middlesex Insurance Company 00001 0000000000 24004 0 N1 4a460bff-3f22-4cd3-a957-eb48bc8746834a460bff-3f22-4cd3-a957-eb48bc874683 DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D 7501 E. Lowry Blvd Denver, CO 80230-7006 Page 6 of 6 P HUNOLDL - Underwriter 12/19/2019 18:20:23 4220890 55225013 P400 PART SIX - CONDITIONS A.The Policy We have the right, but are not obligated to inspect your workplaces at any time. Our inspections are not safety inspections. They relate only to the insurability of the workplaces and the premiums to be charged. We may give you reports on the conditions we find. We may also recommend changes. While they may help reduce losses, we do not undertake to perform the duty of any person to provide for the health or safety of your employees or the public. We do not warrant that your workplaces are safe or healthful or that they comply with laws, regulations, codes or standards. Insurance rate service organizations have the same rights we have under this provision. B.Long Term Policy If the policy period stated on the original or renewal Information Page is longer than one year and sixteen days, all provisions of this policy will apply as though a new policy were issued on each annual anniversary that this policy is in force. C.Transfer Of Your Rights and Duties Your rights or duties under this policy may not be transferred without our written consent. If you die and we receive notice within thirty days after your death, we will cover your legal representative as insured. D.Cancellation 1.You may cancel this policy. You must mail or deliver in writing THIRTY DAYS advance notice to us stating when the cancellation is to take effect. 2.We may cancel this policy. We must mail or deliver to you not less than ten days advance written notice stating when the cancellation is to take effect. Mailing that notice to you at your mailing address shown in item 1 of the Information Page will be sufficient to prove notice. 3.The policy period will end on the day and hour stated in the cancellation notice. 4.Any of these provisions that conflicts with a law that controls the cancellation of the insurance in this policy is changed by this statement to comply with that law. Colorado Revised Statute 8-44-110 requires all insurance carriers to give a 30-day notice of cancellation, except in the case of: Fraud; Material Misrepresentation; Nonpayment of Premium; Other reasons approved by the Commissioner of Insurance. 5.Upon cancellation of the policy, any amounts retained by Pinnacol Assurance, including but not limited to: deposits, credits, interest, etc. shall first be applied towards any indebtedness of the policyholder and the remainder shall be returned to the policyholder. The retention of any such amounts by Pinnacol Assurance after cancellation of the policy shall not affect the cancellation of the policy. E.Sole Representative The insured first named in item 1 of the Information Page will act on behalf of all insureds to change this policy, receive return premium, and give or receive notice of cancellation. F.This policy shall automatically renew for succeeding periods of one year each after the expiration of the policy period stated on the Information Page. Each renewal premium shall be paid to us within 20 days of the billing date on the renewal statement. G.This contract shall be considered made and entered into at and within the City and County of Denver, State of Colorado and all premiums due or to become due shall be payable at our office 7501 E Lowry Blvd Denver, CO 80230-7006. Effective Date: Policy #: 4220890 Phil Kalin, President and CEO 1/1/2024 DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D 7501 E. Lowry Blvd. Denver, CO 80230-7006 303.361.4000 / 800.873.7242 Pinnacol.com Kleen-Tech Acquisition LLC 7100 Broadway Suite 6L Denver, CO 80221 IMA, Inc 1705 17th Street Suite 100 Denver, CO 80202 (303) 534-4567 7501 E. Lowry Blvd Denver, CO 80230-7006 HUNOLDL - UnderwriterPPage 1 of 1 12/19/2019 11:59:27 4220890 55225257 359-B NCCI #: WC000313B Policy #: 4220890 ENDORSEMENT: Blanket Waiver of Subrogation Expires on: Pinnacol Assurance has issued this 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 To any person or organization when agreed to under a written contract or agreement, as defined above and with the insured, which is in effect and executed prior to any loss. Effective Date: 1/1/2024 1/1/2025 DocuSign Envelope ID: 5C47A02F-2B10-4A30-9B8D-0066DA93F71D