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HomeMy WebLinkAbout226403 CENTENNIAL FIRE & SAFETY EQUIPMENT - CONTRACT - RFP - 8020 HIGH PRESSURE BREATHING AIR COMPRESSORServices Agreement - 8020 High Pressure Breathing Air Compressor Page 1 of 9 SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City", as agent, on behalf of the Poudre Fire Authority (PFA), and Centennial Fire & Safety Equipment, LLC, a Colorado Limited Liability Company, hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the Scope of Work attached hereto as Exhibit "A", consisting of one (1) page and incorporated herein by this reference. 2. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be completed within ten (10) weeks ARO, unless otherwise specified by Service Provider and agreed upon by PFA. 3. Contract Period. This Agreement shall commence November 24, 2014, and shall continue in full force and effect until November 23, 2015, unless sooner terminated as herein provided. In addition, at the option of the City and/or PFA, 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. 4. 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 and PFA of such condition within ten (10) days from the onset of such condition. 5. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City and/or PFA may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least 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: Centennial Fire & Safety Equipment, LLC Attn: David Bolling 757 E 20th Ave, STE 370 #231 Denver, CO 80205 Poudre Fire Authority Attn: Gary Nuckols 102 Remington Street Fort Collins, CO 80524 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 DocuSign Envelope ID: C1063F0F-13A8-477F-8757-EA973CEC3CC5 Services Agreement - 8020 High Pressure Breathing Air Compressor Page 2 of 9 In the event of early termination by the City and/or PFA, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 6. Contract Sum. The City and/or PFA shall pay the Service Provider for the performance of this Agreement, subject to additions and deletions provided herein, Sixty Five Thousand Nine Hundred Twenty Eight Dollars ($65,928.00) as per attached Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 7. City Representative. The City and/or PFA will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this Agreement. All requests concerning this Agreement shall be directed to the City and/or PFA Representative. 8. 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 or the Poudre Fire Authority. The City and/or PFA shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 9. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A- Scope of Work without the prior written consent of the City and/or PFA, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City and/or PFA), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City and/or PFA, nor will it obligate the City and/or PFA to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City and/or PFA to the same extent as the work of the Service Provider. 10. Personal Services. It is understood that the City and PFA enter 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 and/or PFA. 11. 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 and/or PFA under this Agreement or cause of action arising out of performance of this Agreement. DocuSign Envelope ID: C1063F0F-13A8-477F-8757-EA973CEC3CC5 Services Agreement - 8020 High Pressure Breathing Air Compressor Page 3 of 9 12. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with attached Exhibit “C” - Warranty, consisting of one (1) page and incorporated herein by this reference. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to the City and/or PFA. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City and/or PFA -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for the period ending two (2) years from the date of shipment, 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 and/or PFA 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 and/or PFA. The foregoing warranty period shall be extended to five (5) years from the date of shipment from the manufacturer, with respect to the compressor block (breathing air application), provided that such extended warranty period shall only apply to product parts with proof of proper maintenance being completed in accordance with published manufacturer factory recommendations. 13. 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. 14. 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. 15. 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. DocuSign Envelope ID: C1063F0F-13A8-477F-8757-EA973CEC3CC5 Services Agreement - 8020 High Pressure Breathing Air Compressor Page 4 of 9 16. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City and/or PFA, their 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 and PFA as an additional insured under this Agreement of the type and with the limits specified within Exhibit “D”, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's 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. 17. 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. 18. 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. 19. 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 DocuSign Envelope ID: C1063F0F-13A8-477F-8757-EA973CEC3CC5 Services Agreement - 8020 High Pressure Breathing Air Compressor Page 5 of 9 Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate 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. The 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. 20. 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. DocuSign Envelope ID: C1063F0F-13A8-477F-8757-EA973CEC3CC5 Services Agreement - 8020 High Pressure Breathing Air Compressor Page 6 of 9 CITY OF FORT COLLINS, COLORADO a municipal corporation By:_______________________________ Gerry Paul Director of Purchasing and Risk Management Date:_____________________________ POUDRE FIRE AUTHORITY By: _________________________________ Tom DeMint, Fire Chief Date: ______________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney CENTENNIAL FIRE & SAFETY EQUIPMENT, LLC By:_______________________________ __________________________________ PRINT NAME __________________________________ TITLE (Corporate President or Vice President) Date:_____________________________ DocuSign Envelope ID: C1063F0F-13A8-477F-8757-EA973CEC3CC5 12/2/2014 David Bolling David Bolling 12/3/2014 12/4/2014 Services Agreement- 8020 High Pressure Breathing Air Compressor Page 7 of 9 EXHIBIT A SCOPE OF WORK I. INTRODUCTION The City of Fort Collins (City), on behalf of Poudre Fire Authority (PFA), intends for the Service Provider to supply a new Bauer Unicus III/25H-E3 6000 psig High Pressure Breathing Air Compressor System, to be delivered and installed at PFA Fire Station No. 1 at 505 Peterson Street, Fort Collins, Colorado 80524. At the option of the City, purchases for additional compressors at contracted pricing may be made for up to five (5) years following the initial award. II. PROJECT SCOPE A. Equipment Specifications: PFA is requesting to purchase one (1) new breathing air compressor unit with the following specifications: Bauer Unicus III/25 H-E3 compressor, 5-stage, 20HP, 6000psi, 208V 3 phase. The unit should include a 3-place containment fill station, four (4) ASME storage bottles upgrade, an Automatic Condensate Drain (ACD) system and a P10 purification upgrade. All ASME storage bottles and the P10 purification system shall be factory installed prior to delivery. B. Warranty: All workmanship shall be guaranteed against defects for a period of no less than two (2) years from the date of shipment from the manufacturer. The foregoing warranty period shall be extended to five (5) years from the date of shipment from the manufacturer, with respect to the compressor block (breathing air application), provided that such extended warranty period will only apply to product parts with proof of proper maintenance being completed in accordance with published manufacturer factory recommendations. Warranty terms are defined in attached Exhibit C. C. Delivery: The Service Provider shall arrange for all equipment and parts to be delivered within ten (10) weeks of receipt of a purchase order, unless otherwise specified by Service Provider and agreed upon by the City and/or PFA. All freight, shipping and handling charges are included in the Contract Sum, reference Exhibit B. D. Installation: Installation of compressor and parts must be performed by the Service Provider. Installation includes on- site delivery to PFA Station No. 1, unwrapping of equipment and parts, disposal of packaging/pallets, full assembly and set- up/programming of the compressor. PFA will supply the forklift/pallet jack to move the unit into place and a certified electrician to connect the compressor to station power. Delivery and installation must be coordinated with the Project Manager prior to delivery. Installation is included in the Contract Sum, reference Exhibit B. E. Training: The Service Provider will be required to provide on-site training to PFA staff on the basic functionality of the compressor. Training is included in the Contract Sum, reference Exhibit B. DocuSign Envelope ID: C1063F0F-13A8-477F-8757-EA973CEC3CC5 QUOTE Date 10/31/2014 QUOTE # 2404 Name / Address City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO. 80522-0580 Centennial Fire & Safety Equipment, LLC 757 E 20th Ave, STE 370 #231 Denver CO 80205 Phone 303-426-5970 Fax 303-426-6205 FOB Destination Project This proposal is good for 30 days. Freight will be included on invoice. Please fax or mail approval to initate the order. Thanks. ________________________________ ________________________________ David Bolling, President Authorization for Order Total Subtotal Sales Tax (0.0%) Description Qty Cost Total Unicus compressor, 5-stage, 20HP, 6000psi, 3 phase electrical: includes 3-place containment fill station, 2 ASME storage bottles, ACD, with P10 purification 1 57,072.00 57,072.00 Shipping 1 3,200.00 3,200.00 OPTIONS Additional ASME storage bottles 2 2,828.00 5,656.00 Please Note: 1. Customer is responsible for obtaining fork lift for off-loading and pallet jacks to move into place. 2. An electrician is required for connecting compressor to station power and verifying proper voltage and amperage. $65,928.00 $65,928.00 $0.00 EXHIBIT B DocuSign Envelope ID: C1063F0F-13A8-477F-8757-EA973CEC3CC5 WARRANTY RECIPROCATING COMPRESSOR PRODUCTS for MUNICIPAL BREATHING AIR SYSTEMS Scope of Warranty: BAUER COMPRESSORS, INC. (“BAUER”) warrants that, for a period of twenty-four (24) months from date of shipment from BAUER, this product shall conform to the applicable drawings and specifications approved in writing by BAUER, and that such product shall be free of defects in both material and workmanship. This warranty is spe- cific to this product and applies only to the first purchaser (“Customer”) during the twenty-four month warranty period and may not be transferred or enforced by any other party. The foregoing warranty period shall be extended to five (5) years from the date of shipment from BAUER for Customers that are Municipal Fire Departments with respect to the compressor block (breathing air application), provided that such extended warranty period shall only apply to product parts with proof of proper maintenance being completed in accordance with published BAUER factory recommendations. To be eligible for this limited warranty to cover Customer’s product, Customer must return a properly completed start-up/warranty registration form to BAUER at the address below within ninety (90) days from the date of start-up. Warranty Service: If, in the sole judgement of BAUER or its designated representative, the product does not conform to the applicable drawings and specifications approved in writing by BAUER for the product, or is found to be defective in material or workmanship, BAUER will at its option, either: (a) Repair or replace the product, or refund the product pur- chase price to the Customer, or (b) Furnish a service representative to correct the defects with the product. Obtaining Service: To obtain warranty service, Customer should contact BAUER directly at the address below. BAUER may, at its option, refer customer to a BAUER designated representative, such as an authorized distributor, or provide Cus- tomer with authorized instructions on the return of the product to BAUER for assessment. Any product shipped to BAUER pursuant to BAUER’s authorized return instructions shall be shipped F.O.B. to BAUER at the address below or as other- wise specified by BAUER. All return freight charges incurred shall be the sole responsibility of the Customer. Warranty Exclusions: This warranty does not cover or shall be void with respect to the following: a. Any product for which the Customer has not submitted to BAUER a start-up/warranty registration form within ninety (90) days of the start-up of such product. b. Any product which Customer fails to ship to BAUER within thirty (30) days of receipt of BAUER’s authorized return instructions after submitting a warranty claim to BAUER. c. Any defective or damaged products, parts or components resulting directly or indirectly from the use of repair or replacement parts, including filter and separator elements or oil, not manufactured or approved by BAUER or from Customer’s failure to store, maintain, and operate the product according to recommendations contained in the INSTRUCTION MANUAL AND REPLACEMENT PARTS LIST included with the product as well as under standard engineering practices. d. Any product for which Customer does not have a service record book showing that regular maintenance work has been carried out utilizing Genuine Bauer Components. BAUER or its designated representative may require proof of maintenance prior to rendering any decision on the validity of a warranty request. e. Any alleged product defect resulting from deterioration or wear occasioned by chemical and/or abrasive action. f. Component parts or assemblies not manufactured by BAUER to the extent that such component parts or assemblies are not warranted by the original manufacturer. Further, BAUER shall have no responsibility for any cost or expense incurred by Customer due to the inability of BAUER to repair a component part or assembly under said third-party manufacturer warranty when such inability is beyond the control of BAUER or is caused solely by the Customer. Additional Limitations: The warranty service and procedures described in this warranty constitutes Customer’s sole and exclusive remedy for any claim hereunder. BAUER MAKES NO WARRANTIES, REPRESENTATIONS OR PROM- ISES AS TO THE QUALITY, PERFORMANCE OR OTHERWISE WITH RESPECT TO ITS PRODUCTS OTHER THAN THOSE SPECIFICALLY STATED IN THIS WARRANTY. FURTHER, TO THE EXTENT PER- MITTED BY APPLICABLE LAW, BAUER EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY AND/OR FIT- NESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL BAUER’S LIABILITY, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY, OR ANY OTHER THEORY, EXCEED THE PRICE OF THE INDIVIDUAL PRODUCT WHOSE DEFECT FOR DAMAGE IS THE BASIS OF THE CLAIM. BAUER SHALL NOT BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, OR LOSS OF USE OF FACILITIES OR EQUIPMENT. BAUER COMPRESSORS, INC. 1328 Azalea Garden Road, Norfolk Virginia 23502 Phone: (757) 855-6006 Telefax (757) 855-8654 Form: Effective Date: #0063c March 1, 2011 EXHIBIT C - DocuSign Envelope ID: C1063F0F-13A8-477F-8757-EA973CEC3CC5 Services Agreement- 8020 High Pressure Breathing Air Compressor Page 8 of 9 EXHIBIT D 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: C1063F0F-13A8-477F-8757-EA973CEC3CC5 Services Agreement- 8020 High Pressure Breathing Air Compressor Page 9 of 9 EXHIBIT E CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”), as agent, on behalf of the Poudre Fire Authority (the “PFA”) 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 and/or PFA or their 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 and/or PFA may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City and/or PFA, or that relates to the business of the City and/or PFA, or that is used by the City and/or PFA 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 and/or PFA). The Service Provider shall not disclose any such information to any person not having a legitimate need-to- know for purposes authorized by the City and/or PFA. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City and/or PFA. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of 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 and/or PFA in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City and/or PFA, or the City and/or PFA so requests for any reason, the Service Provider shall promptly return to the City and/or PFA any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City and/or PFA’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City and/or PFA shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. DocuSign Envelope ID: C1063F0F-13A8-477F-8757-EA973CEC3CC5 Form_SCTNID_CTGRY.XX10025241_OTHER <docindex><index>OTHER</index></docindex> Policy number: 04701737-9 Underwritten by: ARTISAN AND TRUCKERS CASUALTY CO Page 1 of 1 December 1, 2014 THE AHBE GROUP 7167 S ALTON WAY CENTENNIAL, CO 80112 1-303-799-8112 Certificate of Insurance Insured Agent …………………………………………………………………………………………………………………………………………………………………………… Certificate Holder Additional Insured CITY OF FORT COLLIN PO BOX 580 FORT COLLINS, CO 80522 CENTENNIAL FIRE SAFETY 8547 E ARAPAHOE RD GREENWOOD VILLA, CO 80111 THE AHBE GROUP 7167 S ALTON WAY CENTENNIAL, CO 80112 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured named above for the period(s) indicated. This Certificate is issued for information purposes only. It confers no rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below. The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations, endorsements, and conditions of these policies. Policy Effective Date: Policy Expiration Date: ……………………………………………………………………………………………………………………………………………………….. Nov 11, 2014 May 11, 2015 Insurance ……………………………………………………………………………………………………………………………………………………….coverage(s) Limits . BODILY ……………………………………………………………………………………………………………………………………………………….INJURY/PROPERTY DAMAGE $100,000/$300,000/$50,000 . UNINSURED/UNDERINSURED MOTORIST $100,000/$300,000 Description of Location/Vehicles/Special Items Scheduled ……………………………………………………………………………………………………………………………………………………….autos only . 2008 HONDA RIDGELINE 2HJYK16558H522356 MEDICAL PAYMENTS $5,000 COMPREHENSIVE $1,000 DED COLLISION ……………………………………………………………………………………………………………………………………………………….$1,000 DED . 2001 TOYOTA TUNDRA 5TBBT44171S166341 MEDICAL PAYMENTS $5,000 COMPREHENSIVE $1,000 DED COLLISION $1,000 DED Certificate number 33514NET737 Please be advised that additional insureds and loss payees will be notified in the event of a mid-term cancellation. Form 5241 (10/02) DocuSign Envelope ID: C1063F0F-13A8-477F-8757-EA973CEC3CC5 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 INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG $ OTHER: $ 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 PER OTH- AND EMPLOYERS' LIABILITY STATUTE 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 (ACORD 101, Additional Remarks Schedule, may be attached 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 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 INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- LOC PRODUCTS - COMP/OP AGG $ JECT OTHER: $ 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 PER OTH- AND EMPLOYERS' LIABILITY STATUTE 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 (ACORD 101, Additional Remarks Schedule, may be attached 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 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD CENTFIR-01 VSULLIVAN 11/25/2014 T. Charles Wilson Insurance Service 384 Inverness Parkway Suite 170 Englewood, CO 80112 (303) 368-5757 (303) 872-5863 Arch Insurance Company 11150 Centennial Fire and Safety Equipment, LLC 8547 E. Arapahoe Rd. #J-561 Greenwood Village, CO 80112 A X 1,000,000 X X MFPK07326902 01/17/2014 01/17/2015 50,000 5,000 1,000,000 2,000,000 2,000,000 FIRE DAMAGE ANY 100,000 As required by written agreement, The City of Fort Collins is included as additional insured. City of Fort Collins PO Box 580 Fort Collins, CO 80522 DocuSign Envelope ID: C1063F0F-13A8-477F-8757-EA973CEC3CC5 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD CENTFIR-01 KIMT01 11/18/2014 Diane Preston T. Charles Wilson Insurance Service 384 Inverness Parkway Suite 170 Englewood, CO 80112 (303) 368-5757 (303) 872-5863 dpreston@wilsonins.com Arch Insurance Company 11150 Centennial Fire and Safety Equipment, LLC 8547 E. Arapahoe Rd. #J-561 Greenwood Village, CO 80112 A X 1,000,000 X X X MFPK07326902 01/17/2014 01/17/2015 50,000 5,000 1,000,000 2,000,000 2,000,000 FIRE DAMAGE ANY 100,000 As required by written agreement, Frontier Refining, LLC and all affiliates, employees, officers and directors are included as Additional Insured, per policy terms and conditions. Per written agreement, a waiver of subrogation is included in favor of the additional insured parties on the General Liability policy. Frontier Refining, LLC. 300 Morris Ave Cheyenne, WY 82007 DocuSign Envelope ID: C1063F0F-13A8-477F-8757-EA973CEC3CC5