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HomeMy WebLinkAbout501238 GREENING-UP LANDSCAPE MAINTENANCE INC - CONTRACT - AGREEMENT MISC - GREENING-UP LANDSCAPEServices Agreement – Greening- Up Landscape Page 1 of 12 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 Greening-Up Landscape, a Colorado Corporation, hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the Scope of Services attached hereto as Exhibit "A", consisting of four (4) pages and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence February 13, 2015, and shall continue in full force and effect until February 12, 2016, 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. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice. 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 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: Service Provider: City: Copy to: Greening-Up Landscape Attn: Mike Frank 1942 E. Lincoln Ave, Unit B Fort Collins, CO 80524 City of Fort Collins Attn: Steve Lukowski 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 date of termination, 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. DocuSign Envelope ID: 25DB06D7-8EF0-4DCD-961D-AB77E2496FD3 Services Agreement – Greening- Up Landscape Page 2 of 12 5. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, three thousand dollars ($3,000) annually. Service begins April 1st each year and will be billed on a consecutive eight (8) month cycle, at the end of each month of service. 6. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this Agreement. All requests concerning this Agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Subcontractors. Service Provider may not subcontract any of the Work set forth in Exhibit A - Scope of Services 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. 9. 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. 10. 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 or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 11. 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 DocuSign Envelope ID: 25DB06D7-8EF0-4DCD-961D-AB77E2496FD3 Services Agreement – Greening- Up Landscape Page 3 of 12 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. 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. 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 thereof. 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, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 15. 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. 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 “B”, consisting of one (1) page, attached hereto and incorporated herein by this DocuSign Envelope ID: 25DB06D7-8EF0-4DCD-961D-AB77E2496FD3 Services Agreement – Greening- Up Landscape Page 4 of 12 reference. The Service Provider before commencing services hereunder shall deliver to the City's Director of Purchasing and Risk Management, 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. 16. 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. 17. 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. 18. 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 DocuSign Envelope ID: 25DB06D7-8EF0-4DCD-961D-AB77E2496FD3 Services Agreement – Greening- Up Landscape Page 5 of 12 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 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. 19. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "C" - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. DocuSign Envelope ID: 25DB06D7-8EF0-4DCD-961D-AB77E2496FD3 Services Agreement – Greening- Up Landscape Page 6 of 12 CITY OF FORT COLLINS, COLORADO a municipal corporation By:_______________________________ Gerry Paul Director of Purchasing and Risk Management Date:_____________________________ GREENING-UP LANDSCAPE By:_______________________________ __________________________________ PRINT NAME __________________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date:_____________________________ DocuSign Envelope ID: 25DB06D7-8EF0-4DCD-961D-AB77E2496FD3 2/2/2015 President Mike Frank 2/4/2015 Services Agreement– Greening- Up Landscape Page 7 of 12 EXHIBIT A SCOPE OF SERVICES I. General Requirements Pre-Existing Conditions: A pre-season walk through with the City Representative is requested to identify any pre-existing conditions that may exist. Pre-existing conditions may include tree damage, poor turf health, poor pruning practices, broken concrete etc. Pre- existing conditions, to the extent known, shall be documented by the Service Provider and verified by the City Representative and any actions needed shall be agreed upon by both parties, in writing, to prior to start of services. Communication System/Emergencies: The Service Provider must be available via cell phone, and respond to all emergencies. Emergencies are defined as items, which, by their nature, cannot be postponed and may cause damage to health or property. Responses to emergencies will be by whatever means are most practical to remedy a particular situation. The Service Provider is entitled to compensation for services rendered during emergencies. Licenses and Permits: The Service Provider shall be responsible for obtaining and paying for all federal, state, and local licenses and permits that are necessary for the legal operation of the Service Provider's business. Such licenses and permits shall include, but not be limited to: business, nursery, commercial pesticide application, tree contractor and arborist. However, special permits, (such as special watering permits) will be obtained at the expense of the City. Weather Permitting: Service Provider is not to be held responsible for delays in the completion of specified tasks due to inclement weather conditions. II. Turf Care Spring Clean: Spring cleaning shall include removing all trash and debris, cleaning of planting beds as needed, power edging as needed, removal of fallen branches, initial mowing and overall inspection of property. Mowing: Mowing of all irrigated turf areas with a blade height of at 2 ½” – 3” shall occur weekly, or as needed, at the discretion of the City Representative. Frequency of mowing will vary in spring and fall, depending on seasonal weather conditions and growth rate of turf. Grass catchers shall be used only if there is a specific need and will be used as directed by the City Representative. Excessive clippings will be removed from the turf. Service Provider shall notify the City of any un-mowed areas that are considered unsafe to mow due to, but not limited to, the following reasons: • Areas in use by large groups of residents, children, etc. at the time of mowing; • Areas excessively wet due to improper drainage not caused by the Service Provider; • Areas with large concentrations of pet droppings; and • Areas under construction Trimming: Service Provider will trim all turf areas inaccessible to mowing equipment as needed to maintain a neat, well-groomed appearance. Where practical, Service Provider may use a City approved herbicide and/or growth regulator around fences, trees and other obstacles that may be damaged by repeated use of string-line trimmers. DocuSign Envelope ID: 25DB06D7-8EF0-4DCD-961D-AB77E2496FD3 Services Agreement– Greening- Up Landscape Page 8 of 12 After mowing operations are completed, all grass clippings will be blown and/or removed from walks and drives. Edging: Edging of designated areas will be done on a bi-monthly basis, through the use of a steel-blade edger. Edging is limited to concrete areas in order to avoid damage to irregular asphalt, flagstone, brick, wood walks and decks. Concrete draining pans/spillways will not be edged unless otherwise requested by the City Representative. Service Provider will collect and remove excessive debris resulting from edging. Trash and Debris Cleanup: Service Provider shall monitor and clean all landscaped areas in conjunction with mowing operations for incidental loose trash and debris. All trash and debris shall be collected prior to mowing and be removed from the site. Cleanup does not include excess debris due to vandalism, dumping, improperly contained dumpsters, pet droppings, cigarette butts, acts of God, etc. Turf Weed Control/Fertilization: Service Provider shall apply City approved herbicides up to three (3) times per season and apply in a manner to minimize off-target effects. City approved turf fertilization applications will be at least two (2) times per season unless a season- long fertilizer is used. In the event iron is used in the fertilizer formulation, Service Provider will clean fertilizer off all sidewalks, patios, pool decks, etc. to minimize the possibility of iron stains. However, even with the utmost care, some staining may occur. Aeration: Service Provider will core aerate all turf areas annually, typically in the spring. Service Provider may recommend specific additional treatments to promote turf health, such as insecticides, wetting agents, fungicides, etc. Additional treatments upon City authorization will be billed as an extra charge as mutually agreed. Bed Care: Service Provider shall inspect all beds on a regular basis to check for mulch conditions. If additional materials are requested by the HOA, the City and Service Provider will be notified. Cost for time and materials will be provided to the HOA. Upon written approval from the HOA, the work will be performed by the Service Provider and all billings will go directly to the HOA for payment. Weed Care: Service Provider will make every effort to control weeds. Service Provider will keep all bed areas substantially free of weeds by means of chemical control, mechanical cultivation or by hand as necessary. For post- emergence growth, ONLY 2-4-D chemicals shall be used and all pre-emergence chemicals must be pre-approved by the City prior to use. III. Tree and Shrub Care Monitoring: Service Provider will monitor, on a regular basis, the health of all plant materials and make necessary recommendations to the City with respect to fertilization, insect and disease control, etc. Fertilizer will be applied to shrubs once per year in the spring. All tree work and/or fertilizing/chemical applications shall be permitted only with prior written approval of the City of Fort Collins’ Forestry Division. Pruning: Service Provider shall be responsible for pruning all shrubs on the property, with the exception of plants over twelve (12) feet in height. Plants over 12 feet in height are excluded, and will be priced as additional work, on a per plant basis. Pruning does not include crown DocuSign Envelope ID: 25DB06D7-8EF0-4DCD-961D-AB77E2496FD3 Services Agreement– Greening- Up Landscape Page 9 of 12 thinning of trees or rejuvenation cutting of shrubs. These services are available on a time and material basis. Due to variable and unpredictable nature of insect and disease problems, trees and shrubs will be sprayed on a time and material basis, as needed and mutually agreed. Plants shall be pruned in accordance with regularly accepted industry standards. Pruning included in this contract is done to promote healthy growth, to prevent weak abnormal limb structure, and to remove crossed touching limbs and limbs that protrude into pedestrian and/or normal vehicle traffic. In order to prevent damage by mowers and trimmers to trees and shrubs planted in turf areas, Service Provider will provide and maintain a grass-free area around all trees and shrubs which will include lift pruning for mower safety. IV. Irrigation System Activation: Service Provider will activate the irrigation system at the appropriate time when irrigation is required, usually between March and May, depending on weather conditions. At the time of activation, all necessary repairs will be made to ensure the system is operational. Repairs will be done on a time and material basis as mutually agreed. Regular Maintenance: After system is activated and operating, the Service Provider will check the system on a biweekly basis, or as deemed necessary by the City Representative, to ensure proper operation. Repairs: In the event malfunctions are found during the regular check of the irrigation system, repairs will be made on a time and material basis. Repairs exceeding $350.00 in cost will be approved by the City Representative prior to proceeding with repair. Water Conservation: Service Provider shall exercise water conservation as well as the irrigation system allows. Aging systems, improper design/installation and matured landscaping may interfere with water conservation practices which the Service Provider has no control over. An irrigation system operational audit is available at additional costs. Winterization: Service Provider will winterize the irrigation system at the appropriate time, usually between October 15 and December 1. Winterization will include the use of compressed air unless otherwise specified. Miscellaneous: Service Provider and/or the HOA Representative will inform the City Representative if other parties have access to the irrigation controllers. If the controllers are adjusted or turned off by parties other than the Service Provider's employees, Service Provider will not be responsible for actions taken. Service Provider will not be held liable for any damages caused by malfunctions of the irrigation system, including, but not limited to; stuck valves, broken lines, missing heads, electrical problems, malfunctioning clocks, etc. V. Fall and Winter Services Standard Services: Service Provider will perform fall cleanup, to include gathering and removing leaves in a timely manner, especially from areas having heavy concentrations that could cause damage to turf or other landscaping. Leaves will be cleaned up and removed two (2) times at the end of the season. DocuSign Envelope ID: 25DB06D7-8EF0-4DCD-961D-AB77E2496FD3 Services Agreement– Greening- Up Landscape Page 10 of 12 Service Provider will visit the site on a regular basis to inspect all landscape and plant material and will notify the City of all problems. During site visits, Service Provider will determine the need for winter watering, tree wrapping to prevent sunscald, special pruning due to storm damage, etc. VI. Statement of Hourly Rates In addition to contracted services, Service Provider will charge the following hourly rates upon the City’s approval to perform additional work: $40.00 Irrigation repair $45.00 Winter services (watering, debris removal, etc.) $45.00 Landscape services $100.00 Herbicide Spray services (per hour including $45.00 Tree/Shrub services common herbicides) DocuSign Envelope ID: 25DB06D7-8EF0-4DCD-961D-AB77E2496FD3 Services Agreement– Greening- Up Landscape Page 11 of 12 EXHIBIT B 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. DocuSign Envelope ID: 25DB06D7-8EF0-4DCD-961D-AB77E2496FD3 Services Agreement– Greening- Up Landscape Page 12 of 12 EXHIBIT C CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider 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 Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider 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 Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of 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 Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider 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 Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’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: 25DB06D7-8EF0-4DCD-961D-AB77E2496FD3 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 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). PRODUCER CONTACT NAME: PHONE FAX (A/C, No, Ext): (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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 SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PRO- LOC $ JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY TORY LIMITS ER Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN NOTEPAD INSURED'S NAME DATE PAGE GREEN-U 2 Greening Up Landscape OP ID: DA 02/02/15 If Required By Written Contract: Commercial Blanket additional General Liability: insured applies for ongoing and completed operations Primary, non-CG2033 contributory & CG7133 basis CG 2001 Blanket Per project waiver aggregate of subrogation CG2503. CG7094. Commercial Auto Liability: Blanket waiver of Additional subrogation Insured CA7068. and Workers Compensation: Blanket waiver of subrogation applies per form 359-B. Umbrella follows form. DocuSign Envelope ID: 25DB06D7-8EF0-4DCD-961D-AB77E2496FD3 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 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). PRODUCER CONTACT NAME: PHONE FAX (A/C, No, Ext): (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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 SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PRO- LOC $ JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY TORY LIMITS ER Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN NOTEPAD INSURED'S NAME DATE PAGE GREEN-U 2 Greening Up Landscape OP ID: DA 02/04/15 If Required By Written Contract: Commercial Blanket additional General Liability: insured applies for ongoing and completed operations Primary, non-CG2033 contributory & CG7133 basis CG 2001 Blanket Per project waiver aggregate of subrogation CG2503. CG7094. Commercial Auto Liability: Blanket waiver of Additional subrogation Insured CA7068. and Workers Compensation: Blanket waiver of subrogation applies per form 359-B. Umbrella follows form. DocuSign Envelope ID: 25DB06D7-8EF0-4DCD-961D-AB77E2496FD3 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD GREEN-U OP ID: DA 02/04/15 Phone: 970-482-7747 Brown & Brown Inc 4532 Boardwalk Dr, Suite 200 Fort Collins, CO 80525 Kären E. Siwek, CPA Fax: 970-484-4165 Westfield Insurance Company 24112 Greening Up Landscape Pinnacol Assurance Company 41190 Maintenance, Inc. 5200 Beverly Drive Berthoud, CO 80513-8602 1,000,000 A X X X CWP6058374 06/01/14 06/01/15 300,000 X 5,000 1,000,000 2,000,000 2,000,000 X 1,000,000 A X X X CWP6058374 06/01/14 06/01/15 X X 3,000,000 A CWP6058374 06/01/14 06/01/15 3,000,000 X 0 X B X 4094235 10/01/14 06/01/15 500,000 500,000 500,000 B Leased/Rented Eq CWP6058374 06/01/14 06/01/15 Lsd/Rntd 25,000 Ded 500 City General of Fort Liabliity Collins and is Automobile included as Liability Additional per Insured policy forms as respects and conditions to - See page 2 Fax#970-221-6707 CITYF11 City of Fort Collins P O Box 5080 Fort Collins, CO 80522 DocuSign Envelope ID: 25DB06D7-8EF0-4DCD-961D-AB77E2496FD3 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD GREEN-U OP ID: DA 02/02/15 Phone: 970-482-7747 Brown & Brown Inc 4532 Boardwalk Dr, Suite 200 Fort Collins, CO 80525 Kären E. Siwek, CPA Fax: 970-484-4165 Westfield Insurance Company 24112 Greening Up Landscape Pinnacol Assurance Company 41190 Maintenance, Inc. 5200 Beverly Drive Berthoud, CO 80513-8602 1,000,000 A X CWP6058374 06/01/14 06/01/15 300,000 X 5,000 1,000,000 2,000,000 2,000,000 X 1,000,000 A X CWP6058374 06/01/14 06/01/15 X X 3,000,000 A CWP6058374 06/01/14 06/01/15 3,000,000 X 0 X B 4094235 10/01/14 06/01/15 500,000 500,000 500,000 B Leased/Rented Eq CWP6058374 06/01/14 06/01/15 Lsd/Rntd 25,000 Ded 500 CITYFT4 City of Fort Collins Steve Lukowski 281 N College Avenue Fort Collins, CO 80522-1580 DocuSign Envelope ID: 25DB06D7-8EF0-4DCD-961D-AB77E2496FD3