Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
CONSERVATION SEEDING & RESTORATION - CONTRACT - RFP - 7624 SPRINGER RESTORATION CONTRACT GROW
Professional Services Agreement 7624 Springer Restoration Grow Contract Page 1 of 14 PROFESSIONAL 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" and CONSERVATION SEEDING & RESTORATION INC, hereinafter referred to as "Professional". 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 Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of three (3) pages, and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence June 1, 2014, and shall continue in full force and effect until May 31, 2015, 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 Professional and mailed no later than ninety (90) days prior to contract end. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City DocuSign Envelope ID: F0EA7E08-A9CD-4714-8676-B742AEE75122 Professional Services Agreement 7624 Springer Restoration Grow Contract Page 2 of 14 may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered 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 addresses: Professional: City: Copy to: Conservation Seeding & Restoration Inc. Attn: Rich Drick 506 Center Street West Kimberly, ID 83341 City of Fort Collins Attn: Crystal Strouse 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 any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability and vehicle insurance in accordance with Exhibit D consisting of one (1) page, attached hereto and incorporated herein. DocuSign Envelope ID: F0EA7E08-A9CD-4714-8676-B742AEE75122 Professional Services Agreement 7624 Springer Restoration Grow Contract Page 3 of 14 6. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a per item grown and delivered cost basis according to Exhibit “C”, consisting of one (1) page attached hereto and incorporated herein. 7. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 8. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 9. Subcontractors. Professional 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 DocuSign Envelope ID: F0EA7E08-A9CD-4714-8676-B742AEE75122 Professional Services Agreement 7624 Springer Restoration Grow Contract Page 4 of 14 work of the Professional. 10. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 11. Acceptance Not Waiver. The City's approval of specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. 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 or benefits provided to the City under this Agreement. 12. 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. 13. 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. 14. 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, DocuSign Envelope ID: F0EA7E08-A9CD-4714-8676-B742AEE75122 Professional Services Agreement 7624 Springer Restoration Grow Contract Page 5 of 14 employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 15. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. 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. 16. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional 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. Professional 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. Professional is prohibited from using the e-Verify Program or Department Program DocuSign Envelope ID: F0EA7E08-A9CD-4714-8676-B742AEE75122 Professional Services Agreement 7624 Springer Restoration Grow Contract Page 6 of 14 procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional 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 Professional 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 with an illegal alien. e. Professional 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 Professional 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, Professional shall be liable for actual and consequential damages to the City arising out of Professional’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. DocuSign Envelope ID: F0EA7E08-A9CD-4714-8676-B742AEE75122 Professional Services Agreement 7624 Springer Restoration Grow Contract Page 7 of 14 17. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "E" - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. THE CITY OF FORT COLLINS, COLORADO By: _________________________________ Gerry Paul Director of Purchasing & Risk Management DATE: ______________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney CONSERVATION SEEDING & RESTORATION INC By: __________________________________ Title: _______________________________ Date: _______________________________ DocuSign Envelope ID: F0EA7E08-A9CD-4714-8676-B742AEE75122 Bid Coordinator 6/5/2014 6/5/2014 Professional Services Agreement 7624 Springer Restoration Grow Contract Page 8 of 14 EXHIBIT A SCOPE OF WORK General All seed, plants and cuttings will be provided solely by City of Fort Collins Natural Areas Department staff to the Professional. All germplasm utilized by the Professional must be that which was provided directly by the City of Fort Collins Natural Areas Department. The use of any germplasm other than that provided by the City of Fort Collins Natural Areas Department will result in immediate disqualification of the responsible Professional/nursery, as well as the potential for legal action. Professional will strive to grow approximately 39,711 herbaceous plants and 587 woody, native plant species from the seed, plants and/or cuttings provided by the City of Fort Collins. All herbaceous plants must be grown in 10 cu. in. plug containers, or alternative containers of a similar size, dimension, and attribute as preapproved by the City of Fort Collins Natural Areas Department. Woody plant species may be grown in the following containers: 10 cu. in. plug or 8”x 1.5”. Staff will provide seed species to Professional for two years and will deliver seed by December 1st in years 2014 and 2015. Species shall be determined by City of Fort Collins staff. Potential plant species are listed below. Professional must determine the best means to propagate woody plants and allow City of Fort Collins staff sufficient time to collect and deliver plant materials. Cuttings will be delivered by the City of Fort Collins, at a time determined best for the success of the plant species by the Professional. Seed will be cleaned, pretreated for planting, germinated and grown by Professional. Seed may be certified in terms of purity and viability (through Tetrazolium [TZ] testing) by the Colorado State University Seed Laboratory, by the City of Ft Collins. All collected seed lots will be required to have baseline testing data through the Colorado Seed Testing Laboratory at Colorado State University. All collected seed will be tested for purity as well as viability. Viability will be tested through TZ testing. The Colorado Seed Testing Laboratory results will be provided to the project as evidence of seed purity and viability in order to provide a baseline from which estimated Pure Live Seed, as well as any potentially noxious or invasive species, can be identified for the provided seed lots. The Professional shall inoculate all containerized plant materials with an appropriate mycorrhizal fungi mix for those species that are included in the scope of work for this contract. All deviation from a species-specific mycorrhizae mix will need to be pre- approved by the City of Ft. Collins Natural Areas Program. The City of Ft. Collins, at its discretion, will perform analysis to confirm that mycorrhizal inoculation was successfully performed for the included species by the contractor. Plant availability is subject to propagation material available. The City of Fort Collins Natural Areas Department reserves the right to alter the requisite plant species as required by the project. DocuSign Envelope ID: F0EA7E08-A9CD-4714-8676-B742AEE75122 Professional Services Agreement 7624 Springer Restoration Grow Contract Page 9 of 14 All plant materials provided by the City of Fort Collins are to be used exclusively by the City of Fort Collins Natural Areas Department. All remaining plant material whether grown by seed or cuttings, regardless of condition, shall be returned to the City of Fort Collins by the end of the contract period. All materials provided by the City of Fort Collins Natural Areas Department remain the sole property of the City. Failure to account for all plant material will result in immediate disqualification of the responsible Professional/nursery as well as well as the potential for legal action. Health All plants shall be insect, pest, weed and disease free. All plants must be healthy, alive and have vigorous growth. Each plant must be properly labeled with its own tag, clearly listing the scientific name of the plant species. Plants must be true to the plant species name indicated on its label. Stems/Trunk For trees and shrubs – trunk and stems should be fairly straight, free of wounds, sunburned areas, conks, wood cracks, bleeding areas, signs of boring insects, galls, cankers/lesions and girdling ties. Trees – trees species shall only have a single, relatively straight central leader free of codominant stems and vigorous upright branches that compete with the central leader. Shoot growth on all plant material should be typical for the age and size of the species. Shoots should not be broken, diseased, distorted, dead or have any other serious branch injuries. All plant forms should be typical for the particular plant species, as specified. Leaves Leaves should be typical in size, shape, color and appearance for the time of year and stage of growth for the particular plant species. Leaves should not be torn, withered, discolored, damaged by insects or any other abiotic or biotic source. Leaves must reflect a healthy, vigorous plant condition. Roots Roots shall be vigorous and healthy. Root system should be free of injury from biotic (insects, pathogens etc…) and abiotic agents (herbicide toxicity, salt injury, excess irrigation etc…) Root distribution should be uniform throughout the soil mix or growth media and typical for the species. When rootball is removed from its container it should remain intact with a minimal to no soil loss and/or sloughing DocuSign Envelope ID: F0EA7E08-A9CD-4714-8676-B742AEE75122 Professional Services Agreement 7624 Springer Restoration Grow Contract Page 10 of 14 Roots shall not be overgrown for container or root bound. Roots shall not be discolored, spiraled, j-hooked, or otherwise of a decadent nature. Delivery Herbaceous plants shall be hardened off for a minimum of three weeks prior to delivery. At time of inspection and delivery the rootball shall be moist throughout. The roots shall show no signs of excess soil moisture conditions as indicated by poor root growth, root discoloration, distortion, death or foul odor, or the presence of water roots. The City of Fort Collins reserves the right to reject herbaceous plants, shrubs and trees that do not meet specifications as set forth in these guidelines. If a particular defect or substandard element can be easily corrected, appropriate remedies shall be required. Notification of delivery by Professional shall occur one week prior to delivery day. Professional must guarantee that all plant material arrives healthy, vigorous and without damage. Professional must receive acceptance and approval of plant material from City of Fort Collins staff that are certified to acknowledge the specifications outlined in this document. Breakdown of Plants to Grow Type of Planting Material Size of Material Approximate Number of Plants Herbaceous 10 cu. in. or 4 inch pots 39,711 Woody 10 cu. in. or 8”x 1.5” or bare root 587 DocuSign Envelope ID: F0EA7E08-A9CD-4714-8676-B742AEE75122 Professional Services Agreement 7624 Springer Restoration Grow Contract Page 11 of 14 EXHIBIT B WORK SCHEDULE Schedule for Project May/June 2014 – Meeting with Professional to discuss best propagation techniques, collection timing and collection techniques for the plants listed below. Dates for collecting woody plant species will be decided at this time. June 2014- Oct 2014 – City of Fort Collins staff will collect seed of species available. November 1, 2014 – Seeds will be delivered to Professional in individual paper bags with scientific name written on the bag. December 2014- June 1, 2015 – Professional will clean, pretreat, germinate and grow collected seed. June 1, 2015- Professional will contact City of Fort Collins staff with expected delivery date. June 8th -12th – Professional will deliver propagated plant materials to City of Fort Collins Natural Areas Department at 1745 Hoffman Mill Road, Ft. Collins, CO. 80524. Repeat Schedule through June 2016 or per yearly renewal agreement. DocuSign Envelope ID: F0EA7E08-A9CD-4714-8676-B742AEE75122 Professional Services Agreement 7624 Springer Restoration Grow Contract Page 12 of 14 EXHIBIT C COMPENSATION Prices vary according to the difficulty or necessary multiple steps in growing certain species: Forbs: Meadow anemone (Anemone canadensis) 10ci $1.15 Marsh milkweed (Asclepias incarnata) 10ci $1.45 Western virgin’s bower (Clematis ligusticfolia) 10ci $0.75 Tufted hairgrass (Deschampsia caespitosa) 10ci $0.75 Joe pye weed (Eutrochium maculatum) 10ci $0.75 Marsh sunflower (Helianthus nuttalii) 10ci $0.75 Duck potato (Sagittaria cuneata) 10ci $1.45 Lanceleaf figwort (Scrophularia lanceolata) 10ci $1.15 Giant goldenrod (Solidago gigantea) 10ci $0.75 Geyer’s aster (Symphyotrichum laeve var. geyeri) 10ci $0.75 Purple meadowrue (Thalictrum dasycarpum) 10ci $1.15 Blue verbena (Verbena hastata) 10ci $1.45 Grasses: Prairie sandreed (Calamovilfa longifolia) 10ci $0.75 Fowl bluegrass (Poa palustris) 10ci $0.75 Sandberg bluegrass (Poa secunda) 10ci $0.75 Prairie cordgrass (Spartina pectinata) 10ci $0.75 Yellow Indiangrass (Sorghastrum nutans) 10ci $0.75 Sedges/Rushes: Water sedge (Carex aquatilis) 10ci $0.75 Jointleaf rush (Juncus articulatus) 10ci $0.75 Drummond’s rush (Juncus drummondii) 10ci $0.75 Dudley rush (Juncus dudleyi) 10ci $0.75 Swordleaf rush (Juncus ensifolius) 10ci $0.75 Hall’s rush (Juncus hallii) 10ci $0.75 Longstyle rush (Juncus longistylis) 10ci $0.75 Torrey’s rush (Juncus torreyi) 10ci $0.75 Starry false solomonseal (Maianthemum stellatum) 10ci $1.00 Cutleaf coneflower (Rudbeckia laciniata var. ampla) 10ci $0.75 Common threesquare (Schoenoplectus pungens) 10ci $0.75 Panicled bulrush (Scirpus microcarpus) 10ci $0.75 Shrubs: American currant (Ribes americanum) 10ci $1.15 Chokecherry (Prunus virginiana subsp. melanocarpa) 10ci $1.15 American plum (Prunus americana) 10ci $1.15 Plains cottonwood (Populus deltoides ssp. monolifera) 10ci $1.15 Golden currant (Ribes aureum) 10ci $1.15 Thinleaf alder (Alnus incana ssp. tenuifolia) 10ci $1.15 Leadplant (Amorpha fruticosa) 10ci $1.15 Water birch (Betula occidentalis) 10ci $1.15 Redtwig dogwood (Cornus sericea) 10ci $1.15 Snowberry (Symphoricarpos occidentalis) 10ci $1.15 DocuSign Envelope ID: F0EA7E08-A9CD-4714-8676-B742AEE75122 Professional Services Agreement 7624 Springer Restoration Grow Contract Page 13 of 14 EXHIBIT D INSURANCE REQUIREMENTS 1. The Professional 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 Professional 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 be cancelled or materially altered, except after ten (10) 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 Professional, 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 Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional '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 Professional shall maintain during the life of this Agreement for all of the Professional'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 Professional 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 $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Professional 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. DocuSign Envelope ID: F0EA7E08-A9CD-4714-8676-B742AEE75122 No new insurance needed Professional Services Agreement 7624 Springer Restoration Grow Contract Page 14 of 14 EXHIBIT E CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Professional hereby acknowledges that it has been informed that the City 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 or its employees, customers or suppliers, which access is related to the performance of services that the Professional has agreed to perform, the Professional 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 may be confidential and/or proprietary. The Professional agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Professional shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Professional 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. The foregoing to the contrary notwithstanding, the Professional 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 this 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 Professional shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Professional ceases to perform services for the City, or the City so requests for any reason, the Professional shall promptly return to the City 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 Professional understands and agrees that the City’s remedies at law for a breach of the Professional’s obligations under this Confidentiality Agreement may be inadequate and that the City 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: F0EA7E08-A9CD-4714-8676-B742AEE75122 CERTIFICATE HOLDER ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. AUTHORIZED REPRESENTATIVE CANCELLATION CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) JECT LOC PRO- POLICY GEN'L AGGREGATE LIMIT APPLIES PER: CLAIMS-MADE OCCUR COMMERCIAL GENERAL LIABILITY GENERAL LIABILITY PREMISES (Ea occurrence) $ DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ DED RETENTION $ CLAIMS-MADE OCCUR $ AGGREGATE $ UMBRELLA LIAB EACH OCCURRENCE $ EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) COMMERCIAL GENERAL LIABILITY CG 72 46 09 08 CG 72 46 09 08 Includes copyrighted material of Insurance Services Office Inc., with its permission. Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT COMMERCIAL CONTRACTORS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. The written contract or written agreement must be: 1. Valid and legally enforceable; 2. Currently in effect or becoming effective during the term of this policy; and 3. Executed prior to an “occurrence” resulting in “bodily injury”, “property damage,” or “personal and advertising injury.” B. The insurance provided to the additional insured is further limited as follows: 1. That person or organization is an additional insured solely for liability due to your negligence specifically resulting from “your work” for the additional insured which is the subject of the written contract or written agreement. No coverage applies for any liability due to negligence attributable to any person or entity other than the Named Insured. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition, to the Limits of Insurance shown in the Declarations. 3. If we insured the Named Insured for more than one annual policy period: a. Only the policy in effect at the time the “bodily injury”,” property damage”, or “personal and advertising injury” first occurs will apply; b. “Bodily injury”, “property damage”, or “personal and advertising injury”, first occurs when it is initially discovered by any person; c. Any continuation, progression, change or resumption of “bodily injury”, “property damage”, or “personal and advertising injury” will be deemed to be one occurrence; d. Our limit of liability will not exceed the Limits of Insurance for one annual policy period. 4. The coverage provided to the additional insured by this endorsement and paragraph f. of the definition of “insured contract” under DEFINITIONS (SECTION V) do not apply to CG 72 46 09 08 Page 2 of 2 Includes copyrighted material of Insurance Services Office Inc., with its permission. CG 72 46 09 08 b. Supervisory, inspection, architectural or engineering activities. c. Defects in design or specifications furnished by the additional insured or its’ “employees”. 6. We have no duty to defend or indemnify an additional insured under this endorsement: a. For any liability due to negligence attributable to any person or entity other than the Named Insured. This provision includes any sole negligence or willful misconduct on the part of the additional insured or its’ “employees”. b. For any loss which occurs prior to our Named Insured commencing operations at the location of the loss. c. Until we receive written notice of a claim or “suit” from the additional insured as required in the Duties In The Event of Occurrence, Offense, Claim or Suit Condition. C. With respect to the coverage provided under this endorsement, the COMMERCIAL GENERAL LIABILITY CONDITIONS (SECTION IV) are amended as follows: 1. The following is added to the Duties In The Event of Occurrence, Offense, Claim or Suit Condition: An additional insured under this endorsement will as soon as practicable: (1) Give written notice of an occurrence or an offense to us which may result in a claim or “suit” under this insurance; (2) Agree to trigger or activate any other insurance which the additional insured has for a loss we cover under this Coverage Part by tendering the defense to the insurers of all such other insurance; 2. With respect to the coverage provided under this endorsement, the following is added to Paragraph 4.b.(1) of the Other Insurance Condition: (c) This insurance is also excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis, unless the written contract or written agreement described in A. above specifically requires that this insurance be provided on either a primary basis or a primary and noncontributory basis. All terms and conditions of this policy apply unless modified by this endorsement. DocuSign Envelope ID: F0EA7E08-A9CD-4714-8676-B742AEE75122 COMMERCIAL AUTO AC 01 02 03 10 AC 01 02 03 10 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 4 with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM A. CHANGES FOR TRAILERS AND FARM EQUIPMENT 1. Under the COVERED AUTOS SECTION, the following are added to Paragraph C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos: 4. "Trailers" designed to be towed by a pri- vate passenger type "auto" or a pickup, panel truck or van if not used for busi- ness purposes, other than farming or ranching. 5. Farm wagons or farm implements while being towed by a covered “auto”. B. CHANGES FOR ADDITIONAL NEWLY ACQUIRED VEHICLES 2. Paragraph B.2 of the COVERED AUTOS SECTION is replaced by the following: 2. If Symbol(s) 7 or 67 is entered next to coverage in Item Two of the Declara- tions, an “auto” you acquire will be a covered “auto” for that coverage only if: a. We already cover at least one “auto” you own for that coverage or it rep- laces an “auto” you previously owned that had that coverage; and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. The most we will pay for Physical Damage Coverage for “loss” under this Coverage Ex- tension is $100,000 per “auto”, subject to the largest deductible applicable to any “au- to” for that Coverage. C. BLANKET ADDITIONAL INSURED Any person or organization which you have agreed to name as an additional insured in a written contract, executed prior to an acci- dent, other than a contract for the lease or rental of a vehicle is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" un- der the Who Is An Insured Provision con- tained in the LIABILITY COVERAGE SECTION of the Coverage Form D. REPLACED EXCLUSIONS The Expected or Intended Injury Exclusion in the LIABILITY COVERAGE SECTION is replaced by the following: Expected or Intended Injury "Bodily injury" or "property damage" which is expected or intended by the "insured". This AC 01 02 03 10 Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc., AC 01 02 03 10 with its permission. 2) Investigation; 3) Supervision; 4) Reporting to the proper authorities, or failure to so report; or 5) Retention; of a person for whom any "insured" is or ever was legally responsible and whose conduct would be excluded by Para- graph a. above. Abuse means an act which is committed with the intent to cause harm. Explosives "Bodily injury" or "property damage" caused by the explosion of explosives you make, sell or transport. Rolling Stores If a covered "auto" is a rolling store, "bodily injury" or "property damage" resulting from the handling, use or condition of any item the "insured" makes, sells or distributes if the injury or damage occurs after the "in- sured" has given up possession of the item. Wrong Delivery of Liquid Products "Bodily injury" or "property damage" result- ing from the delivery of any liquid into the wrong receptacle or to the wrong address, or from the delivery of one liquid for another, if the "bodily injury" or "property damage" occurs after the delivery has been com- pleted. Delivery is considered completed even if fur- ther service or maintenance work, or correc- tion, repair or replacement is required be- cause of wrong delivery. Professional Services "Bodily injury": a. Resulting from the providing or the fail- ure to provide any medical or other pro- fessional services. b. Resulting from food or drink furnished with these services. "Bodily injury" or "property damage" result- ing from the handling of corpses. F. MOTOR HOME CONTENTS COVERAGE 1. For a covered "auto" that is a motor home the following exclusions are added to the PHYSICAL DAMAGE COVERAGE SECTION: Motor Home Contents This insurance does not apply to: a. "Loss" to the covered "auto's" contents, except equipment usual to trucks or pri- vate passenger "autos". b. "Loss" to TV antennas, awnings or ca- banas. c. "Loss" to equipment designed to create added living facilities. AC 01 02 03 10 AC 01 02 03 10 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 4 with its permission. 4. The cost of repairing or replacing may: a. Be based on an estimate which includes parts furnished by the original equip- ment manufacturer or other sources in- cluding non-original equipment manu- facturers and b. Include a deduction for betterment for a part or parts that are normally subject to repair or replacement during the useful life of the "auto", such as, but not limited to tires and batteries. Betterment means the difference be- tween the actual cash value of a part immediately before the "loss" and the cost to replace that part with a new part. 5. If we offer to pay the actual cash value of the damaged or stolen property, we will val- ue auto advertising wraps, paint customiza- tion, and similar business related advertising modifications, in addition to the actual cash value of the property. Auto advertising wraps, paint customization, and similar business related advertising modifications will be valued at the cost to replace them with an adjustment made for depreciation and physical condition. I. GLASS REPAIR –WAIVER OF DEDUCTIBLE Under Paragraph D. Deductible of the PHYSICAL DAMAGE COVERAGE SECTION, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. J. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS The requirement in Loss Condition 2.a. Duties In the Event Of Accident, Claim, Suit Or Loss – of the BUSINESS AUTO CONDITIONS SECTION and the MOTOR CARRIER CONDITIONS SECTION that you must notify us of an “acci- dent”, “claim”, “suit”, or “loss” applies only when the “accident”, “claim”, “suit”, or “loss” is known to : 1. You, if you are an individual 2. A partner, if you are a partnership; 3. An executive officer or the employee desig- nated by you to give such notice if you are a corporation; or 4. A member, if you are a limited liability com- pany. K. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS The BUSINESS AUTO CONDITIONS SECTION and MOTOR CARRIER CONDITIONS SECTION– B.2. are amended by the addition of the following: If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we AC 01 02 03 10 Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., AC 01 02 03 10 with its permission. M. EMERGENCY LOCKOUT – PRIVATE PASSENGER VEHICLES We will reimburse you up to $50 for reasonable expense incurred for the services of a locksmith to gain entry into your covered “auto” of the pri- vate passenger type subject to these provisions: 1. Your door key or key entry pad has been lost, stolen or locked in your covered “auto” and you are unable to enter such “auto” , or 2. Your key or key entry pad has been lost or stolen and you have changed the lock to prevent an unauthorized entry; and 3. Original copies of receipts for services of a locksmith must be provided before reim- burse ment is payable. N. LIBERALIZATION Paragraph 3, of the General Conditions is re- placed by the following: If we adopt any revision that would broaden the coverage under this policy without additional premium within 60 days prior to or during the policy period, the broadened coverage will im- mediately apply to this policy. All terms and conditions of this policy apply unless modified by this endorsement. DocuSign Envelope ID: F0EA7E08-A9CD-4714-8676-B742AEE75122 will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect addi- tional premium or exercise our right of cancella- tion or nonrenewal. L. AUTOS HIRED OR RENTED BY EMPLOYEES If hired or rented “autos” are covered “autos” on this policy, the following provisions apply: A. Changes In Liability Coverage The following is added to the Who Is An In- sured Provision in the LIABILITY COVERAGE SECTION: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. B. Changes In General Conditions Paragraph 5.b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph 5.f.of the Other Insur- ance Condition in the Motor Carrier Cover- age Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "au- tos" you own: 1. Any covered "auto" you lease, hire, rent or borrow; and 2. Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties re- lated to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". DocuSign Envelope ID: F0EA7E08-A9CD-4714-8676-B742AEE75122 However, these exclusions do not apply if Miscellaneous Personal Property Coverage is provided by endorsement to this policy. G. ACCIDENTAL AIRBAG DISCHARGE COVERAGE Under Paragraph B.3.a. of the PHYSICAL DAMAGE SECTION, the following is added: Mechanical breakdown does not include the ac- cidental discharge of an airbag. H. PHYSICAL DAMAGE LIMIT OF INSURANCE Under PHYSICAL DAMAGE COVERAGE SECTION, Paragraph C., Limit of Insurance is replaced by the following: C. Limit Of Insurance 1. The most we will pay for “loss” in any one “accident” is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the “loss”, or b. The cost of repairing or replacing the damaged or stolen property. 2. $1,000 is the most we will pay for “loss” in any one “accident” to all electronic equip- ment that reproduces, receives or transmits audio, visual or data signals which, at the time of “loss”, is: a. Permanently installed in or upon the covered “auto” in a housing, opening or other location that is not normally used by the “auto” manufacturer for the instal- lation of such equipment. b. Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or c. An integral part of such equipment. 3. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total “loss”. DocuSign Envelope ID: F0EA7E08-A9CD-4714-8676-B742AEE75122 exclusion applies even if the resulting "bodi- ly injury" or "property damage": a. is of a different kind, quality or degree than initially expected or intended; or b. is sustained by a different person, entity, real property, or personal property than that initially expected or intended. E. ADDITIONAL EXCLUSIONS The following exclusions are added to the LIABILITY COVERAGE SECTION: Damage to Named Insured's Property Any claim or "suit" for "property damage" by you or on your behalf against any other per- son or entity that is also a Named Insured under this policy. Abuse or Molestation "Bodily injury" or "property damage" arising out of: a. The actual or threatened abuse or molestation by anyone or any person while in the care, custody or control of any "insured", or b. The negligent: 1) Employment; Policy No.: ACP3006420182 DocuSign Envelope ID: F0EA7E08-A9CD-4714-8676-B742AEE75122 “bodily injury” or “property damage” arising out of the “products-completed operations hazard” unless required by the written contract or written agreement. When coverage does apply to “bodily injury” or “property damage” arising out of the “products-completed operations hazard” such coverage will not apply beyond the lesser of: a. The period of time required by the written contract or written agreement; or b. Five years from the completion of “your work” on the project which is the subject of the written contract or written agreement. 5. The insurance provided to the additional insured does not apply to: “Bodily injury”, “property damage”, or “personal and advertising injury” arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failure to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and Policy No.: ACP3006420182 DocuSign Envelope ID: F0EA7E08-A9CD-4714-8676-B742AEE75122 PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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). The ACORD name and logo are registered marks of ACORD COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201005).01 6/5/2014 Post Insurance Services, Inc. 2717 W. Bannock St. P.O. Box 8447 Boise ID 83707 Yvette Lyon (208)336-5600 x 131 (208)344-0651 ylyon@postins.com Conservation Seeding & Restoration, Inc. 506 Center St. Kimberly ID 83341 AMCO Insurance Company 19100 Nationwide Mutual Ins. Co. 23787 Idaho State Insurance Fund 36129 Auto Owners Insurance Company 18988 Rockhill Insurance Company 28053 13/14 A X X X CG7246 09-08 Blkt AI X CG7323 11-11 Blkt AI/WOS X X X ACP 3006420182 12/15/2013 12/15/2014 1,000,000 1,000,000 5,000 1,000,000 2,000,000 2,000,000 WY Stop Gap 1,000,000 B X X X AC0102 Blkt AI X X AC0101A Blkt W X ACP 3006420182 12/15/2013 12/15/2014 1,000,000 A X X X 0 ACP 3006420182 Follows GL, Auto, Liq. Liab & EBL 12/15/2013 12/15/2014 4,000,000 4,000,000 C D 586590 (Idaho Policy) 04/01/2014 04/01/2015 57074144 (Colorado Pol.) 12/20/2013 07/12/2014 ($1MM per State) X X 1,000,000 1,000,000 1,000,000 A Pollution Liability ACP 3006420182 12/15/2013 12/15/2014 $1,000,000 Limit Leased/Rented Equip. $100,000 $1,000 Ded. E - Professional Liability - policy # ENVP007639-00 - 12/15/13-12/15/14 - $2,000,000/$1,000,000 Aggregate/Each Condition Yvette Lyon/YVETTE City of Fort Collins, its officers, agent employees Attn: Crystal Strouse P.O. Box 580 Fort Collins, CO 80522 DocuSign Envelope ID: F0EA7E08-A9CD-4714-8676-B742AEE75122