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HomeMy WebLinkAboutBADGER DAYLIGHTING CORP - CONTRACT - SOLE SOURCE - BADGER DAYLIGHTING CORPOfficial Purchasing Document Last updated 10/2017 SERVICES AGREEMENT WORK ORDER TYPE 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" and BADGER DAYLIGHTING CORP 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. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for services for filter vacuuming. The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, a sample of which is attached hereto as Exhibit A, consisting of two (2) pages and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. A general scope of services is attached hereto as Exhibit C, consisting of one (1) page, and incorporated herein by this reference. The only services authorized under this Agreement are those which are performed after receipt of such Work Order. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. b. The City may, at any time during the term of a particular Work Order and without invalidating such Work Order, make changes to the scope of the particular services. Such changes shall be agreed upon in writing by the parties by Change Order, a sample of which is attached hereto as Exhibit B, consisting of one (1) page and incorporated herein by this reference. 2. Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have any particular service performed by the Service Provider. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified by each written Work Order. Time is of the essence. SS 2018 - Badger Daylighting Corp Services Agreement - Work Order Type Page 1 of 30 DocuSign Envelope ID: E97973DD-56CD-4198-A1E1-91A4CCE21373 Official Purchasing Document Last updated 10/2017 4. Contract Period. This Agreement shall commence October 30, 2018 and shall continue in full force and effect until October 29, 2019, unless sooner terminated as herein provided. In addition, at the option of the City, 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. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without is 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 of such condition within fifteen (15) days from the onset of such condition. 6. Early Termination by City/Notices. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be mailed at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following address: Service Provider: City: Copy to: Badger Daylighting Corp Attn: April Daubenspeck 8930 Motorsports Way Brownsburg, IN 46112 City of Fort Collins Attn: Ken Morrison PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the termination date, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to be performed will be stated on the individual Work Orders. The City makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will in fact be requested. 8. Payments. a. The City agrees to pay and the Service Provider agrees to accept as full payment for all work done and all materials furnished and for all costs and expenses incurred in performance of the work the sums set forth for the hourly labor rate and material costs, with markups, stated within the Compensation Form, attached hereto as Exhibit D, consisting of one (1) page, and incorporated herein by this reference. SS 2018 - Badger Daylighting Corp Services Agreement - Work Order Type Page 2 of 30 DocuSign Envelope ID: E97973DD-56CD-4198-A1E1-91A4CCE21373 Official Purchasing Document Last updated 10/2017 Payment shall be made by the City Net 30 days from the date of the invoice and upon acceptance of the work by the City and upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials, and other costs incurred in connection with the performance of such work. 9. City Representative. The City's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall be directed to the City Representative. 10. Independent Contractor. It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to the extent that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 11. 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, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), 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, nor will it obligate the City 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 to the same extent as the work of the Service Provider. 12. Personal Services. It is understood that the City 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. 13. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights under the Agreement or of any cause of action arising out of the performance of this Agreement. 14. 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. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. SS 2018 - Badger Daylighting Corp Services Agreement - Work Order Type Page 3 of 30 DocuSign Envelope ID: E97973DD-56CD-4198-A1E1-91A4CCE21373 Official Purchasing Document Last updated 10/2017 c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 15. 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. 16. 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 himself 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. 17. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representative, successors and assigns of said parties. 18. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, 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. Service Provider is not responsible for any preexisting contamination to soils or spoils. In the event the Service Provider identifies any preexisting contamination to soils or spoils, the Service Provider shall immediately suspend work and notify the City Representative. 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 as an additional insured under this Agreement of the type and with the limits specified within Exhibit G, 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 SS 2018 - Badger Daylighting Corp Services Agreement - Work Order Type Page 4 of 30 DocuSign Envelope ID: E97973DD-56CD-4198-A1E1-91A4CCE21373 Official Purchasing Document Last updated 10/2017 Director, 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. 19. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 20. Law/Severability. This Agreement shall be governed in all respect by the laws of the State of Colorado. 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. 21. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8- 17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate SS 2018 - Badger Daylighting Corp Services Agreement - Work Order Type Page 5 of 30 DocuSign Envelope ID: E97973DD-56CD-4198-A1E1-91A4CCE21373 Official Purchasing Document Last updated 10/2017 the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 22. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit H - Confidentiality consisting of three (3) pages, attached hereto and incorporated herein by this reference. Service Provider shall also follow all regulations outlined in Exhibit E – Contractor Management Environmental Checklist consisting of six (6) pages, as well as Exhibit F – FCWTF EMS Guide for Contractors and Vendors, consisting of eight (8) pages. SS 2018 - Badger Daylighting Corp Services Agreement - Work Order Type Page 6 of 30 DocuSign Envelope ID: E97973DD-56CD-4198-A1E1-91A4CCE21373 Official Purchasing Document Last updated 10/2017 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: BADGER DAYLIGHTING CORP By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: SS 2018 - Badger Daylighting Corp Services Agreement - Work Order Type Page 7 of 30 DocuSign Envelope ID: E97973DD-56CD-4198-A1E1-91A4CCE21373 12/3/2018 Ashley Miller Contract Specialist Assistant City Attorney ll 12/3/2018 City Clerk Official Purchasing Document Last updated 10/2017 EXHIBIT A WORK ORDER FORM PURSUANT TO A MASTER AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND BADGER DAYLIGHTING CORP WORK ORDER NUMBER: PM's Tracking # PROJECT TITLE: ORIGINAL BID/RFP NUMBER & NAME: MASTER AGREEMENT EFFECTIVE DATE: October 30, 2018 OWNER’S REPRESENTATIVE: Ken Morrison WORK ORDER COMMENCEMENT DATE: WORK ORDER COMPLETION DATE: MAXIMUM FEE: (time and reimbursable direct costs): PROJECT DESCRIPTION/SCOPE OF SERVICES: Service Provider agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Master Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement and this Work Order (including the attached forms) the Master Agreement shall control. The attached forms consisting of ( ) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this document. SERVICE PROVIDER: Badger Daylighting Corp By: Date: Name: Title: SS 2018 - Badger Daylighting Corp Services Agreement - Work Order Type Page 8 of 30 DocuSign Envelope ID: E97973DD-56CD-4198-A1E1-91A4CCE21373 Official Purchasing Document Last updated 10/2017 OWNER’S ACCEPTANCE & EXECUTION: This Work Order and the attached Contract Documents are hereby accepted and incorporated herein by this reference. ACCEPTANCE: Date: Ken Morrison, Project Manager REVIEWED: Date: Marisa Donegon, Buyer ACCEPTANCE: Date: Name, Title ACCEPTANCE: Date: Name, Title ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) SS 2018 - Badger Daylighting Corp Services Agreement - Work Order Type Page 9 of 30 DocuSign Envelope ID: E97973DD-56CD-4198-A1E1-91A4CCE21373 Official Purchasing Document Last updated 10/2017 EXHIBIT B CHANGE ORDER NO. PROJECT TITLE: SERVICE PROVIDER: Badger Daylighting Corp WORK ORDER NUMBER: PO NUMBER: DESCRIPTION: 1. Reason for Change: Why is the change required? 2. Description of Change: Provide details of the changes to the Work 3. Change in Work Order Price: 4. Change in Work Order Time: ORIGINAL WORK ORDER PRICE $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGINAL WORK ORDER % ADJUSTED WORK ORDER COST $ .00 SERVICE PROVIDER: Badger Daylighting Corp By: Date: Name: Title: ACCEPTANCE: Date: Ken Morrison, Project Manager REVIEWED: Date: Marisa Donegon, Buyer ACCEPTANCE: Date: Name, Title ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) SS 2018 - Badger Daylighting Corp Services Agreement - Work Order Type Page 10 of 30 DocuSign Envelope ID: E97973DD-56CD-4198-A1E1-91A4CCE21373 Official Purchasing Document Last updated 10/2017 EXHIBIT C GENERAL SCOPE OF SERVICES Service Provider is responsible for vacuuming and disposing of material from filters at the City of Fort Collins Water Treatment Facility (WTF), as directed by City Representative. Hydrovac trucks will be provided by Service Provider and allowed to remain on-site for the duration of the project. Crew will be mobilized via service vehicle daily as necessary. Service Provider will be responsible for removing all equipment and waste generated by their process once vacuuming is complete. SS 2018 - Badger Daylighting Corp Services Agreement - Work Order Type Page 11 of 30 DocuSign Envelope ID: E97973DD-56CD-4198-A1E1-91A4CCE21373 Official Purchasing Document Last updated 10/2017 EXHIBIT D COMPENSATION Description Price Unit Hydrovac Truck w/ Crew Regular time – 8 hours per day $270.00 Hour Hydrovac Truck w/ Crew Overtime – after 8 hours per day $295.00 Hour Water Cost is for first load; WTF will provide thereafter $55.00 Load Remote Hose $3.00 Ft/Day Service Vehicle Transport crew from Cheyenne office to WTF. WTF shall be billed 2 hours per day for the duration of each Work Order. $150.00 Hour Mobilization/Demobilization Transport from Cheyenne office to WTF. WTF shall be billed one time per truck for the duration of each Work Order. $250.00 Hour Fluctuating Fuel Recovery Fee Fee will apply to total cost of each Work Order. (Based on www.eia.gov) 5.75% SS 2018 - Badger Daylighting Corp Services Agreement - Work Order Type Page 12 of 30 DocuSign Envelope ID: E97973DD-56CD-4198-A1E1-91A4CCE21373 City of Fort Collins Water Treatment Facility Verification Revision Approval Review Status Initials GDS EMS Team GDS Date 8/12/2015 8/12/2015 8/12/2015 Active WTF EMS Document Contractor Management Environmental Checklist This form must be completed upon request, signed and returned before the contracted work commences. NOTE: Please review WTF EMS Guide for Contractors and Vendors prior to completing this form. The following information is to be filled out by the Contractor/Supplier: Contractor/Company Name: ___________________________________ Date:______________________ Project Name:______________________________________ Work Order / PO #: ______________________ Contact Phone Number:____________________________ Email Address:_______________________ City Project Manager Contact:________________________________________ Activities or Work Description: Briefly describe the activities or work to be undertaken by your company at the WTF site: Waste Recycling and Disposal: Yes/No Will the activities or work you perform generate any non-hazardous (e.g. construction debris) or hazardous (e.g. asbestos, PCBs, etc.) wastes or other regulated materials? Print date: 2/3/2017 WARNING! This document is uncontrolled when printed. Page 1 of 6 Previous versions or printed copies may be obsolete. Verify current revisions using the most current electronic copy. EXHIBIT E CONTRACTOR MANAGEMENT ENVIRONMENTAL CHECKLIST SS 2018 - Badger Daylighting Corp Services Agreement - Work Order Type Page 13 of 30 DocuSign Envelope ID: E97973DD-56CD-4198-A1E1-91A4CCE21373 If YES, list the amounts and the types of wastes expected and the proposed disposal/recycling method: Equipment Decommissioning: Yes/No Will the activities or work you perform involve decommissioning of equipment which may contain fluids or hazardous materials? If YES, list the types of fluids and the method of removal and disposal: Water Discharges: Yes/No Will the activities or work you perform produce or cause the release of any process wastewater? If YES, how will the wastewater be handled? Contractor equipment washed at the WTF site must be washed inside the Source of Supply wash bay with written permission only. SS 2018 - Badger Daylighting Corp Services Agreement - Work Order Type Page 14 of 30 DocuSign Envelope ID: E97973DD-56CD-4198-A1E1-91A4CCE21373 Chemical Materials: What chemical materials (oils, fuels, pesticides, hazardous chemicals, etc.) and/or equipment that may contain chemical materials will you be handling or bringing on site to perform the contracted work? M.S.D.S.’s must be provided to the Special Projects Manager for all chemicals brought or delivered to or used at the WTF. Any container and/or tank that is intended to contain petroleum products needs to be reported and included in our site SPCC plan if the storage capacity is greater than 55 gallons. All such containers will need to be provided with secondary containment and inspected monthly, including filing of a monthly inspection report with the Special Projects Manager. Will you be storing any materials on site which need to be incorporated into our SPCC plan, according to the definition, above? How will any chemical spills be addressed? Stormwater Management: Yes/No Does the activity to be performed require a State permit for a non-storm water discharge? If YES, please describe the activity and list the permit number(s): For any equipment washed on the WTF site, written authorization must be obtained by completing a Wash Bay Authorization form. Air Emissions: SS 2018 - Badger Daylighting Corp Services Agreement - Work Order Type Page 15 of 30 DocuSign Envelope ID: E97973DD-56CD-4198-A1E1-91A4CCE21373 Please list the process in place to control and minimize air emissions (e.g. Fugitive Dust Control Plan) Safety: Yes/No Have you received appropriate safety training from the WTF plant staff? Have you received Arc Flash training? Have you received training on facility evacuation procedures? Reclamation: Yes/No Will your activities require reclamation or reseeding? If YES, please describe the activity and location(s): All reseeding must use native grass species except where specifically approved by the WTF EMS team. Environmental Management System (EMS): Yes/No Are your employees aware of WTF General EMS Procedures as required by the Water Production Manager and Project Manager? Your employees should be trained on procedures applicable to the contracted work to be performed that may have an impact on the environment. Please describe the training that your employees receive: SS 2018 - Badger Daylighting Corp Services Agreement - Work Order Type Page 16 of 30 DocuSign Envelope ID: E97973DD-56CD-4198-A1E1-91A4CCE21373 Please provide any additional information on how your activities may affect or protect the environment: Environmental Agreement My company and subcontractors that I may bring to the site will abide by all environmental regulations and policies whenever on the project. My company will ensure that the requirements of the EMS are adequately communicated to all personnel contracting on the project. Documentation will be made available upon request. The Project Manager will communicate applicable changes of the Environmental Management System to my company. Retraining of affected individuals will be conducted, as appropriate. For questions or additional information contact the City of Fort Collins at 221-6900. Print Name:___________________________________ Title:____________________________________ Signature:________________________________________________________ Date:_________________ Special Projects Manager Review and Approval A review of the above-submitted document has been found to be: COMPLETE – approved, no further action is needed. INCOMPLETE – a response must be received by:________________________________________ Project Manager Signature:__________________________________________ Date:________________ REVISION HISTORY: Rev. No. Effective Date Responsible Person Description of Revision 001 2/12/13 Don Skold Added Wash bay (under Water discharges) 002 9/5/13 Ken Morrison Native grass reseeding requirement SS 2018 - Badger Daylighting Corp Services Agreement - Work Order Type Page 17 of 30 DocuSign Envelope ID: E97973DD-56CD-4198-A1E1-91A4CCE21373 003 8/12/2015 GDS Added references to, “regulated materials.” Added requirements for storage of petroleum products to be incorporated in to our SPCC plan. 004 11/18/2015 GDS Updated document control box format SS 2018 - Badger Daylighting Corp Services Agreement - Work Order Type Page 18 of 30 DocuSign Envelope ID: E97973DD-56CD-4198-A1E1-91A4CCE21373 Dear Contractor or Vendor, Water Production Division 4316 W. Laporte Ave. Fort Collins, CO 80521 970.221.6690 970.221.6736 - fax fcgov.com The City of Fort Collins has adopted an environmental policy that focuses on its environmental responsibility and reflects the community's strong desire to protect the environment. This policy specifies the need to comply with legal requirements and includes a commitment to continually improve environmental performance. With the implementation of this policy, a number of policies and procedures have been adopted at the Fort Collins Fort Collins Water Treatment Facility (FCWTF). The purpose of this EMS Guide for Contractors and Vendors is to familiarize you with these policies and procedures and to address how you will be affected. An Environmental Management System (EMS), with ISO 14001:2004 certification, has been implemented at FCWTF to achieve the City’s goal of high environmental performance. In addition to addressing in-house activities, the EMS requires that any party doing work within the FCWTF fence line adhere to the relevant portions of the EMS. To fulfill this requirement, a list of procedures has been developed for all FCWTF contractors or vendors to follow while working on site. This guide provides an introduction to the EMS, communicates the environmental policy, and describes how you can help FCWTF achieve its environmental goals. If you have any concerns or questions regarding the information contained in this guide, please feel free to contact FCWTF any time at (970) 221-6690. Verification Revision Approval Review Status Initials Date GDS 12/18/2017 MKK GDS 12/18/2017 12/18/2017 Active EXHIBIT F FCWTF EMS GUIDE FOR CONTRACTORS AND VENDORS SS 2018 - Badger Daylighting Corp Services Agreement - Work Order Type Page 19 of 30 DocuSign Envelope ID: E97973DD-56CD-4198-A1E1-91A4CCE21373 SS 2018 - Badger Daylighting Corp Services Agreement - Work Order Type Page 20 of 30 DocuSign Envelope ID: E97973DD-56CD-4198-A1E1-91A4CCE21373 Fort Collins Water Treatment Facility Significant Aspects An EMS requires that a facility identify those activities, products, and services that have the potential to impact the environment. These “environmental aspects” are then rated based on a defined set of criteria to determine their significance. From this list, three of the most significant aspects have been identified. Controls are put in place to minimize environmental impacts associated with these activities and objectives and targets are put into place to improve environmental performance associated with these activities. The significant aspects for FCWTF:  Building efficiency  Fluoride handling  Electricity Usage  Solid waste stream management (recycling, etc.)  Fuel Usage  Instrument Reagent Disposal  Salt application for ice removal Our environmental objectives based on these objectives are:  Reduce electrical use.  Reduce vehicle fuel use.  Improve landscape management methods  Reduce solid waste stream to landfill Basic measures in responsible environmental management are required, and we encourage all of our contractor partners to help us improve our environmental impacts in all aspects of our activities. Such basic measure include, limiting of unnecessary idling of vehicle engines, striving to be efficient in your use of resources, recycling and reusing where possible, and storage of regulated materials, such as fuel and oil, in compliance with regulatory requirements and our Environmental Management System (EMS). Also, please be advised that our facility is subject to implementation of a Spill Control, Containment, and Countermeasure (SPCC) plan, which requires special handling of petroleum products and other oils being stored on site. As the contractor or vendor, you are expected to communicate all of this information to your employees and subcontractors. We welcome any ideas or suggestions that you have to help our partnership be more environmentally friendly. We value your role as our partner in environmental stewardship. Emergency Evacuation Procedures The Fort Collins Water Treatment Facility uses chlorine gas. Six tons of chlorine gas are stored on site. In the event of a chlorine leak, an alarm will sound, requiring evacuation of the facility. All personnel on site are required to follow the procedures in the flow chart below, provided in English and Spanish, to facilitate safe evacuation and ensure that all personnel are accounted for. Additional copies of the flow chart are available upon request. SS 2018 - Badger Daylighting Corp Services Agreement - Work Order Type Page 21 of 30 DocuSign Envelope ID: E97973DD-56CD-4198-A1E1-91A4CCE21373 SS 2018 - Badger Daylighting Corp Services Agreement - Work Order Type Page 22 of 30 DocuSign Envelope ID: E97973DD-56CD-4198-A1E1-91A4CCE21373 SS 2018 - Badger Daylighting Corp Services Agreement - Work Order Type Page 23 of 30 DocuSign Envelope ID: E97973DD-56CD-4198-A1E1-91A4CCE21373 Environmental Management Procedures The following information is supplied to contractors and vendors who perform work on site for the Fort Collins Water Treatment Facility (FCWTF). The information presented below has been developed as part of the facility’s Environmental Management System (EMS). The intent of this information is to make contractors and vendors aware of the EMS and to ensure conformance to applicable EMS procedures and work instructions. This facility provides drinking water to the public and all contractor and vendor activities can impact drinking water quality. It is imperative that the following guidelines are followed without exception. General Environmental Management  Minimize idling of vehicles during any work operations.  Control fugitive dust emissions during any work operations and activities.  Do not excavate without the prior approval of appropriate FCWTF staff.  Follow all applicable Fort Collins Water Treatment Facility safety procedures. Waste Recycling and Disposal  Label, store, and dispose of any waste materials according to local, state, and federal regulations. NO UNLABELED CONTAINERS ARE PERMITTED ON SITE.  Notify appropriate FCWTF staff if there are any hazardous wastes on site. Recycle or dispose of all wastes in an appropriate manner according to all local, state, and federal regulations.  Notify appropriate FCWTF staff when a regulated material is being used on site (asbestos, PCBs, oil, etc.).  Provide Material Safety Data Sheets (MSDS) for all materials upon request. Water Discharges  Do not discharge ANY material, including water, to storm water drains, sanitary sewer, or onsite holding ponds without approval of appropriate FCWTF staff. Notify appropriate FCWTF staff if a state-permitted discharge will occur.  Keep roadways and outside areas clean and free of debris. Material Storage / Spills  Obtain approval for outside storage of materials from appropriate FCWTF staff.  Equip storage areas with adequate secondary containment of all regulated materials.  Label and store all materials according to Hazard Communication standard [29CFR1910.1200].  Oils, petroleum fuels, and other materials regulated by 40CFR112 to be stored or transferred on site must be incorporated into our SPCC plan. Please notify us of your intention to bring such materials on-site, even temporarily, so that we can evaluate the applicability of 40CFR112. Storage of such materials must provide secondary containment and monthly inspection reports will need to be filed with FCWTF staff.  Close all chemical containers except when in use.  Have appropriate spill kits available.  REPORT ALL SPILLS OR RELEASES OF MATERIALS, OF ANY SIZE IMMEDIATELY to FCWTF staff (970) 221-6690 and the Special Projects Manager. Contractors will follow up by submitting a completed Spill Reporting Form. CONTACTS General Contact Number: (970) 221-6690 Water Production Manager: (970) 221-6692 Technical Services Supervisor (970) 416-2524 office, (970) 217-3514 mobile (Special Projects Manager) SS 2018 - Badger Daylighting Corp Services Agreement - Work Order Type Page 24 of 30 DocuSign Envelope ID: E97973DD-56CD-4198-A1E1-91A4CCE21373 Verification Revision Approval Review Status Initials Date GDS 11/17/2015 EMS Team GDS 12/03/2015 11/17/2015 Final Fort Collins Water Treatment Facility Water Production Division 4316 W. Laporte Ave. Fort Collins, CO 80521 970.221.6690 970.221.6736 - fax fcgov.com EMS Guide for Contractors and Vendors Checklist This form must be completed, signed, and returned to the City of Fort Collins Fort Collins Water Treatment Facility (FCWTF). NOTE: Please review the enclosed materials prior to completing this form. Contractor/Company Name: Date:_ Contact Phone Number: E-mail address:  Read and understand the signed Environmental Policy for the City of Fort Collins  Read and understand the Significant Aspects for FCWTF  Read and understand the Emergency Response Policy for Visitors  Read and understand the Environmental Management Procedures  If you will be storing fuel, oil, petroleum products, or any other material covered by 40CFR112, read and understand the SPCC plan. Agree to comply with requirements to train all staff on the SPCC, cooperate with FCWTF staff in incorporating all fuel and oil storage and transfer operations into our site SPCC plan, and implement applicable sections of the plan (Appendix I). Environmental Agreement My company will abide by all environmental regulations and policies when performing work at the FCWTF. My company will ensure that the requirements of the EMS are adequately communicated to all personnel that may visit FCWTF. For questions or additional information contact the City of Fort Collins Fort Collins Water Treatment Facility at (970) 221-6690. Signature: Date: SS 2018 - Badger Daylighting Corp Services Agreement - Work Order Type Page 25 of 30 DocuSign Envelope ID: E97973DD-56CD-4198-A1E1-91A4CCE21373 Rev. No. Effective Date Responsible Person Description of Revision 001 11/18/2015 GDS Updated document control box format Revised language regarding SPCC 002 08/10/2016 GDS Updated environmental objectives Updated chlorine leak evacuation flow chart SS 2018 - Badger Daylighting Corp Services Agreement - Work Order Type Page 26 of 30 DocuSign Envelope ID: E97973DD-56CD-4198-A1E1-91A4CCE21373 Official Purchasing Document Last updated 10/2017 EXHIBIT G INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City 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. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. 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: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and 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 each coverage, Commercial General and Vehicle, 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, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. SS 2018 - Badger Daylighting Corp Services Agreement - Work Order Type Page 27 of 30 DocuSign Envelope ID: E97973DD-56CD-4198-A1E1-91A4CCE21373 Official Purchasing Document Last updated 10/2017 EXHIBIT H CONFIDENTIALITY IN CONNECTION WITH THE SERVICES to be provided by Professional under this Agreement, the parties agree to comply with reasonable policies and procedures with regard to the exchange and handling of confidential information and other sensitive materials between the parties, as set forth below. 1. Definitions. For purposes of this Agreement, the party who owns the confidential information and is disclosing same shall be referenced as the “Disclosing Party.” The party receiving the Disclosing Party’s confidential information shall be referenced as the “Receiving Party.” 2. Confidential Information. Confidential Information controlled by this Agreement refers to information which is not public and/or is proprietary and includes by way of example, but without limitation, City customer information, utility data, service billing records, customer equipment information, location information, network security system, business plans, formulae, processes, intellectual property, trade secrets, designs, photographs, plans, drawings, schematics, methods, specifications, samples, reports, mechanical and electronic design drawings, customer lists, financial information, studies, findings, inventions, and ideas. To the extent practical, Confidential Information shall be marked “Confidential” or “Proprietary.” Nevertheless, Professional shall treat as Confidential Information all customer identifiable information in any form, whether or not bearing a mark of confidentiality or otherwise requested by the City, including but not limited to account, address, billing, consumption, contact and other customer data. In the case of disclosure in non- documentary form of non-customer identifiable information, made orally or by visual inspection, the Disclosing Party shall have the right, or, if requested by the Receiving Party, the obligation to confirm in writing the fact and general nature of each disclosure within a reasonable time after it is made in order that it is treated as Confidential Information. Any information disclosed to the other party prior to the execution of this Agreement and related to the services for which Professional has been engaged shall be considered in the same manner and be subject to the same treatment as the information disclosed after the execution of this Agreement with regard to protecting it as Confidential Information. 3. Use of Confidential Information. Receiving Party hereby agrees that it shall use the Confidential Information solely for the purpose of performing its obligations under this Agreement and not in any way detrimental to Disclosing Party. Receiving Party agrees to use the same degree of care Receiving Party uses with respect to its own proprietary or confidential information, which in any event shall result in a reasonable standard of care to prevent unauthorized use or disclosure of the Confidential Information. Except as otherwise provided herein, Receiving Party shall keep confidential and not disclose the Confidential Information. The City and Professional shall cause each of their directors, officers, employees, agents, representatives, and subcontractors to become familiar with, and abide by, the terms of this section, which shall survive this Agreement as an on-going obligation of the Parties. Professional shall not use such information to obtain any economic or other benefit for itself, or any third party, other than in the performance of obligations under this Agreement. SS 2018 - Badger Daylighting Corp Services Agreement - Work Order Type Page 28 of 30 DocuSign Envelope ID: E97973DD-56CD-4198-A1E1-91A4CCE21373 Official Purchasing Document Last updated 10/2017 4. Exclusions from Definition. The term “Confidential Information” as used herein does not include any data or information which is already known to the Receiving Party or which before being divulged by the Disclosing Party (1) was generally known to the public through no wrongful act of the Receiving Party; (2) has been rightfully received by the Receiving Party from a third party without restriction on disclosure and without, to the knowledge of the Receiving Party, a breach of an obligation of confidentiality; (3) has been approved for release by a written authorization by the other party hereto; or (4) has been disclosed pursuant to a requirement of a governmental agency or by operation of law. 5. Required Disclosure. If the Receiving Party is required (by interrogatories, requests for information or documents, subpoena, civil investigative demand or similar process, or by federal, state, or local law, including without limitation, the Colorado Open Records Act) to disclose any Confidential Information, the Parties agree the Receiving Party will provide the Disclosing Party with prompt notice of such request, so the Disclosing Party may seek an appropriate protective order or waive the Receiving Party’s compliance with this Agreement. The Receiving Party shall furnish a copy of this Agreement with any disclosure. 6. Notwithstanding paragraph 5, Professional shall not disclose Confidential Information to any person, directly or indirectly, nor use it in any way, except as required or authorized in writing by the City. 7. Red Flags Rules. Professional must implement reasonable policies and procedures to detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further, Professional must take appropriate steps to mitigate identity theft if it occurs with one or more of the City’s covered accounts and must as expeditiously as possible notify the City in writing of significant breeches of security or Red Flags to the City. 8. Data Protection and Data Security. In addition to the requirements of paragraph 7, Professional shall have in place information security safeguards designed to conform to or exceed industry best practices regarding the protection of the confidentiality, integrity and availability of utility and customer information and shall have written agreements requiring any subcontractor to meet those standards. These information security safeguards (the “Information Security Program”) shall be materially consistent with, or more stringent than, the safeguards described in this Exhibit. a) Professional’s information security safeguards shall address the following elements: • Data Storage, Backups and Disposal • Logical Access Control (e.g., Role-Based) • Information Classification and Handling • Secure Data Transfer (SFTP and Data Transfer Specification) • Secure Web Communications • Network and Security Monitoring • Application Development Security SS 2018 - Badger Daylighting Corp Services Agreement - Work Order Type Page 29 of 30 DocuSign Envelope ID: E97973DD-56CD-4198-A1E1-91A4CCE21373 Official Purchasing Document Last updated 10/2017 • Application Security Controls and Procedures (User Authentication, Security Controls, and Security Procedures, Policies and Logging) • Incident Response • Vulnerability Assessments • Hosted Services • Personnel Security b) Subcontractors. Professional may use subcontractors, though such activity shall not release or absolve Professional from the obligation to satisfy all conditions of this Agreement, including the data security measures described in this Exhibit, and to require a substantially similar level of data security, appropriate to the types of services provided and Customer Data received, for any subcontractor Professional may use. Accordingly, any release of data, confidential information, or failure to protect information under this Agreement by a subcontractor or affiliated party shall be attributed to Professional and may be considered to be a material breach of this Agreement. 9. Confidential Information is not to be stored on any local workstation, laptop, or media such as CD/DVD, USB drives, external hard drives or other similar portable devices unless the Professional can ensure security for the Confidential Information so stored. Work stations or laptops to be used in the Work will be required to have personal firewalls on each, as well as have current, active anti-virus definitions. 10. The Agreement not to disclose Confidential Information as set forth in this Exhibit shall apply during the term of the Work and at any time thereafter unless specifically authorized by the City in writing. 11. If Professional breaches this Agreement, in the City’s sole discretion, the City may immediately terminate this Agreement and withdraw Professional’s right to access Confidential Information. 12. Notwithstanding any other provision of this Agreement, all material, i.e., various physical forms of media in which Confidential Information is contained, including but not limited to writings, drawings, tapes, diskettes, prototypes or products, shall remain the sole property of the Disclosing Party and, upon request, shall be promptly returned, together with all copies thereof to the Disclosing Party. Upon such return of physical records, all digital and electronic data shall also be deleted in a non-restorable way by which it is no longer available to the Receiving Party. Written verification of the deletion (including date of deletion) is to be provided to the Disclosing Party within ten (10) days after completion of engagement, whether it be via termination, completion or otherwise. 13. Professional acknowledges that the City may, based upon the representations made in this Agreement, disclose security information that is critical to the continued success of the City’s business. Accordingly, Professional agrees that the City does not have an adequate remedy at law for breach of this Agreement and therefore, the City shall be entitled, as a non- exclusive remedy, and in addition to an action for damages, to seek and obtain an injunction or decree of specific performance or any other remedy, from a court of competent jurisdiction to enjoin or remedy any violation of this Agreement. SS 2018 - Badger Daylighting Corp Services Agreement - Work Order Type Page 30 of 30 DocuSign Envelope ID: E97973DD-56CD-4198-A1E1-91A4CCE21373 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-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: 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 AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? 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: 2 2 Canada �� �� Total Aggregate Limit for all Projects and Locations: $15,000,000�� General Liability: Designated Project General Aggregate(s): General Aggregate Limit shown on the Declarations. � Certificate of Liability Insurance CN102102280 Marsh Canada Limited� 8930 Motorsports Way� Badger Daylighting Corp� Brownsburg, IN 46112 25 DocuSign Envelope ID: E97973DD-56CD-4198-A1E1-91A4CCE21373 DocuSign Envelope ID: E97973DD-56CD-4198-A1E1-91A4CCE21373 DocuSign Envelope ID: E97973DD-56CD-4198-A1E1-91A4CCE21373 DocuSign Envelope ID: E97973DD-56CD-4198-A1E1-91A4CCE21373 (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 ER OTH- STATUTE PER (MM/DD/YYYY) LIMITS POLICY EXP (MM/DD/YYYY) POLICY EFF LTR TYPE OF INSURANCE POLICY NUMBER INSR 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) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY A 2,000,000 07/01/2019 TB1-B71-171080-038 Manashi Mukherjee X HOU-003462464-01 1,000,000 10,000,000 WC2-B71-171080-058 (WI) X 23035 10,000,000 Aggregate of Marsh USA Inc. N 07/01/2018 X 1 07/01/2019 07/01/2017 07/01/2019 AS1-B71-171080-048 Pollution Liability B 2,000,000 2,000,000 X Liberty Mutual Fire Insurance Company 1,000,000 X A 11/12/2018 10,000,000 07/01/2018 10,000,000 City of Fort Collins, its officers, agents, and employees are included as additional insured (except workers’ compensation and pollution) where required by written contract. Waiver of subrogation is applicable where required by written contract. X 07/01/2018 Fort Collins, CO 80522 City of Fort Collins 10,000 A CN102102280-PPJ-GAWUP-18-19 Each Incident 10,000 07/01/2019 2,000,000 1000212108-03 Claims-Made B 2,000,000 23043 300,000 1,000,000 07/01/2019 X WA2-B7D-171080-068 (AOS) 120 Bremner Blvd., Suite 800 Attn: Canada.Certrequest@marsh.com Marsh Canada Limited X Toronto, ON, M5J 0A8 X 8930 Motorsports Way Badger Daylighting Corp Brownsburg, IN 46112 X X TI1TO1ABHZ2R117 - Ded: 25,000 07/01/2018 PO Box 580 X X X 07/01/2018 X X A X 07/01/2019 Liberty Mutual Insurance Company X DocuSign Envelope ID: E97973DD-56CD-4198-A1E1-91A4CCE21373