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Home My WebLink AboutTIMBERLAND LANDSCAPING - CONTRACT - AGREEMENT MISC - TIMBERLAND LANDSCAPINGSERVICES CONTRACT This Contract is entered into this day of , 2010 by and between the City of Loveland, Colorado and City of Fort ollins, Colorado (Loveland and Fort Collins collectively referred to as "City") and Timberland Landscaping ("Contractor"). Whereas, the parties desire to contract with one another to complete the following project: FNL/Triad Fence. Now, therefore, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. Services. The Contractor shall perform the services set forth in Exhibit A, attached hereto and incorporated herein by reference ("Services"). The Contractor represents that it has the authority, capacity, experience, and expertise to perform the Services in compliance with the provisions of this Contract and all applicable laws. The City reserves the right to remove any of the Services from Exhibit A upon written notice to Contractor. In the event of any conflict between this Contract and Exhibit A, the provisions of this Contract shall prevail. _ 2. Price. The City shall pay the Contractor a sum not to exceed $5,167.59. The City shall make payment within thirty days of receipt and approval of monthly invoices, which shall identify the specific Services performed for which payment is requested. 3. Term. This Contract shall be effective from August 1, 2010 through August 31, 2010. This Contract may be extended or renewed by written agreement of the parties. 4. Appropriation. To the extent this Contract constitutes a multiple fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation pursuant to the City of Loveland Municipal Charter Section 11-6 and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to continue this Contract in any fiscal year in which no such appropriation is made. 5 Independent Contractor. The parties agree that the Contractor is an independent contractor and is not an employee of the City. The Contractor is not entitled to workers' compensation benefits from the City and is obligated to pay federal and state income tax on any money earned pursuant to this Contract. 6. Insurance Requirements. a. Policies. The Contractor and its subcontractors, if any, shall procure and keep in force during the duration of this Contract the following insurance policies and shall provide the City with a certificate of insurance evidencing upon execution of this Contract: Page 1 of 6 Form Revised 2/26/2010 I EXHIBIT B — CERTIFICATE OF EXEMPTION AND WAIVER The Contractor certifies to the City that it is not required to carry workers' compensation insurance under the Colorado Workers' Compensation Act. The Contractor acknowledges that it will be engaging in activities that may expose it to risk of bodily injury. The Contractor affirms that it is physically capable of performing the activities and that all necessary precautions to prevent injury to the Contractor and others will be taken. The Contractor shall not hold the City liable for any injuries that may arise during or resulting from the work performed under the Contract, and the Contractor shall defend, indemnify, and hold harmless the City from all such claims. STATE OF CWo""'Jo COUNTY OF i �� e ►! Contractor By: Title: QG, ss. The foregoing instrument was acknowledged before me this 5--day of 4 �41'y 5 F , 2010 by de, f- fy (Insert name of individual signing on behalf of the Contractor) Zee-, MO RG,q y,, ;, . • y s official sig<ature SEA1,� Commission expiration date Aug 06 10 09:13a Authorized User 3OM80-5574 P.1 ACORD„ CERTIFICATE OF LIABILITY INSURANCE DATE PEMMDIYYM 0810GI2010 Paoolx�R Phone: 303-832-1700 THIS CERTIFICATE IS ISSUED AS A IYIATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Cline Rick Agency AAI - Rick P. Cline AAI HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Cross Ste 210 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Littleton, CO 80123 License #: RPA196613 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Colorado, Casually 71MBERLAND LANDSCAPING INSURERS NIKKI LUND INsuREac: �� 3208 S COUNTY ROAD 29 LNsuLxER D: Loveland, CO $0537 INSURER E: COVERAGES THE ANY MAY POLICIES. POLICIES OF INSURANCE LISTED BELOW REQUIREMENT, TERM OR CONDITION PERTAIN, THE INSURANCE AFFORDED AGGREGATE LIMITS SHOWN MAY HAVE BEEN ISSUED TO THE INSURED OF ANY CONTRACT OR OTHER BY THE POLICIES DESCRIBED HEREIN HAVE BEEN REDUCED BY PAID NAMED ABOVE DOCUMENT WITH IS SUBJECT CLAIMS. FOR THE POLICY RESPECT TO WHICH TO ALL THE TERMS. POLICYEXPIRATION 07/25/2011 PERIOD INDICATED- NOTWITHSTANDING THIS CERTIFICATE MAY BE ISSUED OR EXCLUSIONS AND CONDITIONS OF SUCH LINTS INSR NCEA POLICY NUMBER PO<JL" f;�CT1VE 07125/2010 I GENERALUAMILITYCBP4036365 COCOMMERCIAL GENERAL LEA(It;_m CLAfbIS MADE E OClX)R EA,rHoccuRR> �cE s 1 0 000 PRENO§FS LEa acauelce 5 300,0 OOO MED IXP W+Y one pef8prf) 5 1�® PERSONAL G ADV INJURY S 1000000 GENERALAGGREGATE S 2 000 000 PRODUCTS-CD%IPXPAGG S 000 000 kGEN'LAGGREGATE LMT APPLIES PER A PRO POLICY LOC AUTOMOBILE LIABILITY ANY AUTO CBP4086365 0712512010 10712&2011 DO%WED SINGLE LbAr DEa efx;dent) S 1 OLIO 000 ALOWNEDAUTOS BODIL"ENJURY (Per pe: s6n) S SCHEDULED AUTOS .X HIREDAUTOS BODLYINJURY (Peraccident) $ �( NOFLMNNEDAUTOS --- PROPERTYDAYAGE (FeracclderYO $ GARAGE LIABLITY ANYAUTO AUTO ONLY -EA ACCIDENT S OTHER THAN EA ACC AUTOONLY: AGG S S LI BTY ExCESSNN BRELLA�IU OCC EACH I:RRENCE S -.. j OCCUR I I CLAIMS MADE AGGREGATE S 5 DEDUCTIBLE RETENTION 5 WDRXERS COMPENSATION AND i Y LI ffal WCSTA U-*EUPS S EMPLOYERS* LIABILITY E.L. EACH ACCIDANY DI.SFASE - EAN PROPRIETOMPARTNER EXEGVTIVE O��R�,SER EXCLUDED?E-!_ E.L. DISEASE - PO yea,descfteunder SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADD® BY HNOORSEMl3UT f SPECIAL PROVISIONS (F)970462-21W - SHOULD ANY OF THE ABOVE D0-CRIBED POLICIES 8=- CANCa-LED BEFORE THE E 2u mTpm ➢ATE THEREOF. THE ISSUING INSURER VVI L ENDEAVOR TO M iLA DAYS WRITTFN City of Loveland NOTICE TO E CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALLER, 4900 Earhart Rd L NO LIGATIQI OR LIAINUTY OF ANY 19ND UPON THE INSURLTS AGENTS OR Loveland, CO 80538 AT ACO�D 2512001/08� C ACORD CORPORATION 1983 .... nc-5mn—nO.41ARA L 08/04/2010 07:40 3033805574 RICKCLINE PAGE 01/01 �C »w CERTIFICATE OF LIABILITY INSURANCE DA7E�Cwp�� Y1 naoouCER 039 20 0 AAl , Rick P. Cline Agency0°B7 30�932?I700 THIS CERT'IPICATE 13 ISSUED AS A A9ATTER OF INFOwATION 9200 W, Cross Dr., Ste 210 HOLDM Tmtq CRRTITIFICANo TE DOM NOT REND OR Littleton, CO 80123 e�p ALTER THP COVERAGE AFFORDED BY THE License #: RPA195613 POLICIES SELND OYV. nvaI,RED ' ---- ------ INSURERS AFFORDING COVERAGE TIMBERLAND LANDSCAPING IVAIC # INSURERA-- CO o►ado C�ua1 • - INSURER It 3208 S COUNTY ROAb 20 INS a Loveland, CO 80537 INSUP ER 0: COVERAGES INSURER e 1ANY 1•4E POGCIC3 OF INSURANL LISTED BELOW HAVE BEEN ISSl1ED TO 7NE INSURED NAMEpucy ATED __ TOR OD c)p TH MAY PERTAIN RE INSURANMENT, TERM CE AFC FM RESPECT TO VVNICH P�IL CRIES DESCRpERI INDIC MAY BE ISSUED OR MA BYNDITION TFI18 Cie IBED mEREIREINN 18 alllpjECT ALL, THE T�I... C" T1F1CiQW PCUG$5, AGGREGATE LIMITS SWOVVN MAY HAVE BEEN Rmt10Ep p�I BY PAID CLAIM4. coNDm Nc � sucwG A OMERALLIABILRI' FOLK Yrna®a�t COP4086368 PoucY EIWERATION L> & aw c.nLUEacIgEML LIAauw OT125/2010 07/25/2011 EACHoccuRREMca 1,00 (�qgp CLAIMS MADE Q QCUR - o s 300,000 PERSONAL & ADJ INJURY E Q(aQ OENL AOQREOATE UMITAPALIM8 PER; I GENERAL A06REOATE s 2 0b0,OOQ is POLICY PRO. LOc MOPupTs.=w'OPA06 S 2 Q�Q6O A AMMOBS_E UARIL Y COP40063CS 07125=10 07/26M011 ANYAUTO GL iO a SINE LIMIT V S ALLOVVNEDAUTTIS 1 000,000 SCHOLILEbAIIMg BODILYI,— 8 ( Pe ti X HIREDAU11% X" NO"VMCDAUTOB INJURY IBODSLYa t GARAGE LIAENL1fY ANY AYN .. - 6ur70N1.Y. Pa AC IDENI s .EA EXCUMNIBRELIA LMLrry 0-- HER ACC S AUMONLY., AGO S VWUR C W M8 MADE FAW700iu,,rulGE S _ AGGRECAT@ S DEDUCnM.E _ S RETENTIONWoRKCU S AND S EMPLOYEFWLTION STA Li 6 Fi ANY PR0PRMt0RPAR"MRffl Cri RfVp UhHUERIMEMM 8K"WDED4 E.L. PAP3rernneur nMU undw L PROftIONS "Im of OPERATIONS LOCATIONS rut•} 0=ILVCU IMADD® CITY OF FORT COLUNB 4900 EARHART RD Loveland, CO 80538 S RIOTI Oft W'L I 3MULD ANY DF THE AWW DESt no POL'CIF,S DE CANCELLED SEFORC THE EXPIRATION DATS'"9F F- THE 133U IO INSURER WILL ENDEAVOR TD Alert__W iMY6 Y7RI7LN NOTIM TO TH9 MITIF TO THE LEFT. BUT FAILURE TO Do so SMALL IINP08E NO OD TAN OR LfA@I ANY KIND UPON THE m8u19R, ITS AGENTS OR RFPRES AVTIIOR REMMWiTA RPC 7ic-oWn CORPORATION 1000 Printed by RPC On August 04, 2010 RT D8:5DAM . Form-9 Request for Taxpayer Give form to the (Rev. October2007) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Semce Name (as shown on your income tax return) CM Lund Enterprises m Business name, if different from above a c Timberland Landscaping o. c Check appropriate box: ElIndividual/Sole proprietor El Corporation 91 Partnership .rr`•2 ❑ Limited liability company. Enter the tax classification (D=disregarded entity, C=corporation. P=partnership) ► Exempt ❑ o ....... ❑ Other (see instructions) ► payer c Address (number, street, and apt. or suite no.) Requester's name and address (optional) 0- o 3208 South County Road 29 City Of Loveland, Colorado City, state, and ZIP code Can Loveland, Colorado 80537 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid Social security number backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. or Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer Identification number number to enter. 27 2674343 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. See the instructions on page 4. Sign Signature of Here I U.S. person ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (rIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Date ► / /�fJ Definition of a U.S. person. Fof federal tftx purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association. created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules foe partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: • The U.S. owner of a disregarded entity and not the entity, Cat. No. 10231X Form W-9 (Rev. 10-2007) (i) Comprehensive general liability insurance insuring the Contractor and naming the City as an additional insured with minimum combined single limits of $1,000,000 each occurrence and $1,000,000 aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. (ii) Comprehensive automobile liability insurance insuring the Contractor and naming the City as an additional insured against any liability for personal injury, bodily injury, or death arising out of the use of motor vehicles and covering operations on or off the site of all motor vehicles controlled by the Contractor which are used in connection with this Contract, whether the motor vehicles are owned, non -owned, or hired, with a combined single limit of at least $1,000,000. (iii) Professional liability insurance insuring the Contractor against any professional liability with a limit of at least $1,000,000 per claim and annual aggregate. (Note: this policy shall only be required if the Contractor is an architect, engineer, surveyor, appraiser, physician, attorney, accountant, or other licensed professional.) (iv) Workers' compensation insurance and all other insurance required by any applicable law. (Note: if under Colorado law the Contractor is not required to carry workers' compensation insurance, the Contractor shall execute a Certificate of Exemption and Waiver, attached hereto as Exhibit B and incorporated herein by reference.) b. Requirements. Required insurance policies shall be with companies qualified to do business in Colorado with a general policyholder's financial rating acceptable to the City. Said policies shall not be cancelable or subject to reduction in coverage limits or other modification except after thirty days prior written notice to the City. The Contractor shall identify whether the type of coverage is "occurrence" or "claims made." If the type of coverage is "claims made," which at renewal the Contractor changes to "occurrence," the Contractor shall carry a six-month tail. Comprehensive general and automobile policies shall be for the mutual and joint benefit and protection of the Contractor and the City. Such policies shall provide that the City, although named as an additional insured, shall nevertheless be entitled to recover under said policies for any loss occasioned to it, its officers, employees, and agents by reason of negligence of the Contractor, its officers, employees, agents, subcontractors, or business invitees. Such policies shall be written as primary policies not contributing to and not in excess of coverage the City may carry. 7. Indemnification. The Contractor agrees to indemnify and hold harmless the City, its officers, employees, and agents from and against all liability, claims, and demands on account Page 2 of 6 Form Revised 2/26/2010 of any injury, loss, or damage arising out of or connected with the Services, if such injury, loss, or damage, or any portion thereof, is caused by, or claimed to be caused by, the act, omission, or other fault of the Contractor or any subcontractor of the Contractor, or any officer, employee, or agent of the Contractor or any subcontractor, or any other person for whom the Contractor is responsible. The Contractor shall. investigate, handle, respond to, and defend against any such liability, claims, and demands, and shall bear all other costs and expenses related thereto, including court costs and attorneys' fees. The Contractor's indemnification obligation shall not be construed to extend to any injury, loss, or damage to the extent caused by the act, omission, or other fault of the City. This paragraph shall survive the termination or expiration this Contract. 8. Governmental Immunity Act. No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions of the Colorado Governmental Immunity Act, C.R.S. §§ 24-10-101 et seq. 9. Compliance with Applicable Laws. a. Generally. The Contractor shall comply with all applicable federal, state, and local laws, including the ordinances, resolutions, rules, and regulations of the City. The Contractor shall solely be responsible for payment of all applicable taxes and for obtaining and keeping in force all applicable permits and approvals. b. C.R.S. � 8-17.5-101. The Contractor hereby certifies that, as of the date of this Contract, it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and that the Contractor will participate in the e-verify program or Colorado Department of Labor and Employment ("Department") program as defined in C.R.S. § 8-17.5-101 in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Contract. The Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. The Contractor certifies that it has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in either the e- verify program or the department program. The Contractor is prohibited from using either the e-verify program or the department program procedures to undertake pre- employment screening of job applicants while this Contract is being performed. If the Contractor obtains actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts with an illegal alien, the Contractor shall be required to: (i) notify the subcontractor and City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this subparagraph the subcontractor does not stop employing or contracting with the illegal alien; except that Contractor shall not terminate 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 Page 3 of 6 Form Revised 2/26/2010 with an illegal alien. The Contractor shall comply with any reasonable request by the Department made in the course of an investigation that it is undertaking pursuant to the authority established in C.R.S. Article 17.5. If the Contractor violates this paragraph, the City may terminate this Contract for default in accordance with "Termination," below. If this Contract is so terminated, the Contractor shall be liable for actual and consequential damages to the City. (Note: this paragraph shall not apply to contracts: (i) for Services involving the delivery of a specific end product (other than reports that are merely incidental to the performance of said work); or (ii) for information technology services and/or products.) C. C.R.S. � 24-76.5-103. If the Contractor is a natural person (i.e., not a corporation, partnership, or other legally -created entity), he/she must complete the affidavit attached hereto as Exhibit C and attach a photocopy of a valid form of identification. If the Contractor states that he/she is an alien lawfully present in the United States, the City will verify his/her lawful presence through the SAVE Program or successor program operated by the U.S. Department of Homeland Security. In the event the City determines that the Contractor is not lawfully present in the United States, the City shall terminate this Contract for default in accordance with "Termination," below. d. Colorado Constitution Article XXVIII. If and only to the extent this Contract constitutes a "sole source government contract" within the meaning of Article XXVIII of the Colorado Constitution ("Article XXVIII"), then the provisions of Sections 15 through 17 of Article XXVIII ("Amendment 541') are hereby incorporated into this Contract, and the parties hereto shall comply with the provisions of Amendment 54. In such case, for purposes of this Contract, the Contractor shall constitute a "contract holder" for purposes of Amendment 54, as shall any additional persons, officers, directors, or trustees related to the Contractor who qualify as "contract holders" pursuant to the definition set forth in Article XXVIII. In addition, if and only to the extent this Contract constitutes a "sole source government contract," the Contractor hereby certifies that it is not ineligible to hold any "sole source government contract" pursuant to Amendment 54 or any contract thereunder, and the Contractor hereby agrees to notify the City immediately if, at any point during the term of this Contract, the Contractor shall become ineligible to hold any "sole source government contract" pursuant to Amendment 54 or any contract thereunder. If any provision or provisions of Amendment 54 are held to be unconstitutional or otherwise invalid by a court of competent jurisdiction in a non - appealable action, have been repealed retroactively or otherwise do not apply to this Contract, such provision or provisions shall no longer be incorporated into this Contract, and the parties hereto shall have no obligations under such provision or provisions. 10. Termination. a. Without Cause. Either party may terminate this Contract without cause upon thirty days prior written notice to the other. The City shall be liable to pay the Contractor for Services performed as of the effective date of termination, but shall not be liable to the Contractor for anticipated profits. Page 4 of 6 Form Revised 2/26/2010 b. For Default. Each and every term and condition hereof shall be deemed to be a material element of this Contract. In the event either party fails to perform according to the terms of this Contract, such party may be declared in default. If the defaulting party does not cure said breach within ten days of written notice thereof, the non -defaulting party may terminate this Contract immediately upon written notice of termination to the other. In the event of such termination by the City, the City shall be liable to pay the Contractor for Services performed as of the effective date of termination, but shall not be liable to Contractor for anticipated profits; provided, however, that the Contractor shall not be relieved of liability to the City for any damages sustained by the City by virtue of any default under this Contract, and the City may withhold payment to the Contractor for the purposes of setoff until such time as the exact amount of damages is determined. 11. Notices. Written notices shall be directed as follows and shall be deemed received when hand -delivered or emailed, or three days after being sent by certified mail, return receipt requested: To the City: Larry Mack City of Loveland Fort Collins/Loveland Airport 4900 Earhart Road Loveland, CO 80538 Email: mackl@ci.loveland.co.us 12. Special Provisions. None To the Contractor: Scott Lund Timberland Landscaping 3208 South County Road 29 Loveland, CO 80537 Email: TimberlandCO@hotmail.com 13. Miscellaneous. This Contract contains the entire agreement of the parties relating to the subject matter hereof and, except as provided herein, may not be modified or amended except by written agreement of the parties. In the event a court of competent jurisdiction holds any provision of this Contract invalid or unenforceable, such .holding shall not invalidate or render unenforceable any other provision of this Contract. The Contractor shall not assign this Contract without the City's prior written consent. This Contract shall be governed by the laws of the State of Colorado, and venue shall be in the County of Larimer, State of Colorado. 14. Electronic Signature. This Contract may be executed by electronic signature in accordance with C.R.S 24-71.3-101 et seq. Signed by the parties on the date written above. Page 5 of 6 Form Revised 2/26/2010 `CNN A OF ��.,�City of Loveland, Colorado SEAL By: o Title:✓J��. l!"�// s rr0c M RP��o`��`` City Clerk APPROV D AS TO FORM: Assistant City Attorney City of Fort Collins, Colorado FORT By: F,.• . pl! Title: n SEAL. yN TO� L� 2 U City Clerk APPROV D S TO FORM: Assi an ity Attorney Page 6 of 6 Form Revised 2/26/2010 r-o ntractor Title:, 6�Q// STATE OF i1h�n�fC�iO ) ss. COUNTY OF LCJVr Wle C ) The foregoing instrument was acknowledged before me this S day of 164 U4 , 2010 by SC,p-ff' G()kjeA (Insert name of individual signing on behalf of the Contractor) otary's officia ignature SEAL A_ NOMW DMLSTEDT NOTARY PUBLIC STATE OF COLORADO MIf COWASSION EXPIRES 04/13/14 0q/ /-5 /,20/q Commission expiration date Page 7 of 6 Form Revised 2/26/2010 EXHIBIT A — SERVICES Install matching fence to fence installed for Triad Taxiway Association. Fence will connect existing Fort Collins/Loveland Airport security fence to existing Triad Taxiway Association security fence. Installed fence is to TSA security mandates. tim erlan fence, tree. landxape. Name: City Of Loveland ATTN: Larry Mack Address: Loveland Fort Collins Airport City, State, Zip: Loveland Co 80538 mcakl@ci.lovelond.co.us Cell Phone 970-203-5382 TimberlanclCO@hotmail.com 970402-2516 970-481-5454 FENCE CONTRACT 5167.59 Install 1-12' wide double drive W/I gate to match fence we are installing for the Taxi way Association manufactured by Ameristar Fence products @ $ 1100.00 Install 79'of 6' tall Ameristar Montage Majestic style fence along Earhart Rd connecting to the existing Chain link fence a $45.21 per/ft = $3571.59 Install approx 32' of 6' tall chain link fence at north end of the taxi way and meeting up with the existing chain link fence @ $15.50 per/ft=S496.00 The total of the fence portion of this contract ($4067.59) will be reimbursed to the Taxi Way association by Timberland Fence, Tree and Landscape to properly proceed.with an existing contract with the Taxi Way association. Total of this contract $5,167.59 Proposed Fence Type: 6' tall Ameristar montage Majestic style W/I Gate Optional Gates: 12' double drive 1 Quantity: 1 price per gate $ 1100.00 We hereby propose to fumish material and labor in accordance with the above specifications, for the total sum of $ 5,167.59 50% Deposit None Balance due upon completion within 30 days TERMS AND CONDITIONS: I/ Payments will be made as outlined above: Ld Timberand Landscaping reserves the right to remove all material after 30 days for failure to pay and assess a $250 charge to do SO. Ce A 1.5% monthly finance charge will be assessed to all past due accounts. Attomey fees will be added to the amount owed if litigation is required to collect the balance due. Id Timberland Landscaping reserves the right to pass on to client manufacturers increase of cost of goods sold - ;/Timberland Landscaping is NOT RESPONSIBLE for determining property lines. An additional $7.50/foot will be applied for removal / and re -installation of fence due to homeowner error. la There will be a one 1 year warranty on any wood products. Wood is a natural product that may crack, split, mildew, twist, or stain. Due diligence will be given by Timberland Landscaping at all times to select materials that are in good condition and suitable for / the project. Q Timberland Landscaping is not responsible for sprinkler head or irrigation system damage. Remember Locates do NOT detect irrigation systems! Any changes to this proposal must be submitted in writing and signed off by both parties prior to work being completed. d Timberland Landscaping reserves the right to refuse refund of a deposit If a deposit IS refunded, there will be a 25% surcharge ACCEPTANCE OF PROPOSAL: The pricing, specifications and terms & conditions are satisfactory and are hereby accepted. I authorize Timberland Landscaping to complete the work as specified above. Printed Name Signature // �VV.f "` �•�� Date: �� 7/7-1I2010