Loading...
HomeMy WebLinkAboutAG-AIR INC DBA FRONTIER HELICOPTERS - CONTRACT - SOLE SOURCE - AG-AIR INC DBA FRONTIER HELICOPTERSOfficial Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type SS 2018- Frontier Aerial Herbicide Application Page 1 of 12 SERVICES AGREEMENT WORK ORDER TYPE THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and AG-AIR, INC. DBA FRONTIER HELICOPTERS hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for services for aerial herbicide application services. The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, a sample of which is attached hereto as Exhibit A, consisting of one (1) page and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. No Work Order shall exceed $60,000. A general scope of services is attached hereto as Exhibit C, consisting of two (2) page(s), and incorporated herein by this reference. The only services authorized under this Agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. b. The City may, at any time during the term of a particular Work Order and without invalidating such Work Order, make changes to the scope of the particular services. Such changes shall be agreed upon in writing by the parties by Change Order, a sample of which is attached hereto as Exhibit B, consisting of one (1) page and incorporated herein by this reference. 2. Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have any particular service performed by the Service Provider. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified by each written Work Order or oral DocuSign Envelope ID: D2DA7E3A-96DA-4121-911A-15C7B7AFD915 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type SS 2018- Frontier Aerial Herbicide Application Page 2 of 12 emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. 4. Contract Period. This Agreement shall commence August 15, 2018 and shall continue in full force and effect until August 14, 2019, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one-year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without is fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 6. Early Termination by City/Notices. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be mailed at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following address: Service Provider: City: Copy to: Ag-Air, Inc. dba Frontier Helicopters Attn: Ros Osborne PO Box 606 Johnstown, CO 80534 City of Fort Collins Attn: Ryan Vincent PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the termination date, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to be performed will be stated on the individual Work Orders. The City makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will in fact be requested. 8. Payments. a. The City agrees to pay and the Service Provider agrees to accept as full payment for all work done and all materials furnished and for all costs and expenses incurred in DocuSign Envelope ID: D2DA7E3A-96DA-4121-911A-15C7B7AFD915 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type SS 2018- Frontier Aerial Herbicide Application Page 3 of 12 performance of the work the sums set forth for the hourly labor rate and material costs, with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit D, consisting of one (1) page, and incorporated herein by this reference. Payment shall be made by the City only upon acceptance of the work by the City and upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials, and other costs incurred in connection with the performance of such work. 9. City Representative. The City's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall be directed to the City Representative. 10. Independent Contractor. It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to the extent that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 11. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 12. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the city. 13. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights under the Agreement or of any cause of action arising out of the performance of this Agreement. 14. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. DocuSign Envelope ID: D2DA7E3A-96DA-4121-911A-15C7B7AFD915 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type SS 2018- Frontier Aerial Herbicide Application Page 4 of 12 b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 15. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this Agreement, such party may be declared in default thereof. 16. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 17. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire Agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representative, successors and assigns of said parties. 18. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever, brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. 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 E, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service DocuSign Envelope ID: D2DA7E3A-96DA-4121-911A-15C7B7AFD915 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type SS 2018- Frontier Aerial Herbicide Application Page 5 of 12 Provider before commencing services hereunder shall deliver to the City's Purchasing Director, P. O. Box 580, Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the city. 19. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 20. Law/Severability. This Agreement shall be governed in all respect by the laws of the State of Colorado. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction such holding shall not invalidate or render unenforceable any other provision of this Agreement. 21. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1) Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2) Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8- 17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1) Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing DocuSign Envelope ID: D2DA7E3A-96DA-4121-911A-15C7B7AFD915 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type SS 2018- Frontier Aerial Herbicide Application Page 6 of 12 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. THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: AG-AIR, INC. DBA FRONTIER HELICOPTERS By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: D2DA7E3A-96DA-4121-911A-15C7B7AFD915 8/21/2018 Vice President Ron Osborne Assistant City Attorney ll 8/22/2018 City Clerk Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type SS 2018- Frontier Aerial Herbicide Application Page 7 of 12 EXHIBIT A WORK ORDER FORM PURSUANT TO A MASTER AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND AG-AIR, INC. DBA FRONTIER HELICOPTERS WORK ORDER NUMBER: PROJECT TITLE: ORIGINAL BID/RFP NUMBER & NAME: SS 2018 – Aerial Herbicide Application – Frontier Helicopters MASTER AGREEMENT EFFECTIVE DATE: August 15, 2018 WORK ORDER COMMENCEMENT DATE: WORK ORDER COMPLETION DATE: MAXIMUM FEE: (time and reimbursable direct costs): PROJECT DESCRIPTION/SCOPE OF SERVICES: Service Provider agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Master Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement and this Work Order (including the attached forms) the Master Agreement shall control. The attached forms consisting of ( ) page(s) are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this document. SERVICE PROVIDER: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) DocuSign Envelope ID: D2DA7E3A-96DA-4121-911A-15C7B7AFD915 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type SS 2018- Frontier Aerial Herbicide Application Page 8 of 12 EXHIBIT B CHANGE ORDER NO. PROJECT TITLE: SERVICE PROVIDER: Ag-Air, Inc. dba Frontier Helicopters WORK ORDER NUMBER: PO NUMBER: DESCRIPTION: 1. Reason for Change: Why is the change required? 2. Description of Change: Provide details of the changes to the Work 3. Change in Work Order Price: 4. Change in Work Order Time: ORIGINAL WORK ORDER PRICE $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGINAL WORK ORDER % ADJUSTED WORK ORDER COST $ .00 SERVICE PROVIDER: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) DocuSign Envelope ID: D2DA7E3A-96DA-4121-911A-15C7B7AFD915 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type SS 2018- Frontier Aerial Herbicide Application Page 9 of 12 EXHIBIT C GENERAL SCOPE OF SERVICES Project Description: Aerial Herbicide Application on City properties and natural areas as needed. Requirements:  Service Provider will have a commercial applicators license in Colorado or a reciprocal commercial applicators license and maintain said license for the life of this Agreement.  Service Provider understands that work is weather dependent. Service Provider will need to communicate with the project manager in order to coordinate potential treatment dates for property and trail closures. Specifications: Service Provider will apply herbicide by helicopter to natural areas and other City properties as needed. The herbicide and adjuvant rates will be determined by the City Representative per site, and all herbicides and adjuvants will be supplied by the City. The spray volume of water per acre will be 5-10 gallons/acre. In most cases, a fill truck will be able to get very close to the treatment site. Water is not available on-site. Site conditions will range from grasslands with rolling hills to sloped shrubland areas with mountain mahogany. Natural Areas requiring herbicide application will include, but are not limited to the following: 1) Zone 1: Grasslands and shrublands within the following areas: Coyote Ridge, Maxell, Pineridge, Reservoir Ridge, Cathy Fromme Prairie. These Natural Areas Are located in Fort Collins and have parking areas within 2 miles of the application area. Minimum application area is 100 acres in this zone. 2) Zone 2: Grasslands and shrublands at Soapstone Prairie: This Natural Area is located on the Colorado/ Wyoming boarder, 30 miles north of Fort Collins. Parking is available throughout the site. No water is available. Minimum application size is approximately 500 acres. 3) Zone 3: Grasslands, shrublands, and ponderosa pine forest in the foothills west of Fort Collins. Bobcat Ridge is located 16 miles west of Fort Collins. There is a parking lot within 2 miles of the spray area. The terrain can contain steep hills and ridges with a variety of vegetation ranging from grassland to forest. Minimum application size is 150 acres. Requested areas can be sprayed at various times throughout the year. The City Representative will provide date ranges for specific applications based on target species and herbicide used. Work Orders: Individual work assignments will be requested and agreed to utilizing the City’s standard Work Order (Exhibit A). Each work order form must include a start and completion date, total cost and a general summary of work. Subsequent supporting documentation pages may include a project schedule, deliverables, hours, cost detail supporting total cost, and personnel details. Fees DocuSign Envelope ID: D2DA7E3A-96DA-4121-911A-15C7B7AFD915 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type SS 2018- Frontier Aerial Herbicide Application Page 10 of 12 outlined in the work order will conform with those submitted in the RFP response and subsequently included in the contract. No work order over $5,000 will be considered valid until signed, at a minimum, by the vendor, project manager and Purchasing Department representative. Depending on the cost and nature of the work, additional signature authorization may be required. Any changes to the dates, cost or scope of any Work Order must be agreed upon in writing utilizing the City’s Change Order (Exhibit B) and will not be considered valid until signed, at a minimum, by the vendor, project manager and Purchasing Department representative. Invoicing and Payment: Invoices for services should be emailed monthly to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the vendor each month following the submittal of a correct invoice by the vendor indicating the project name, task description, hours worked, personnel/work type category, hourly rate for each employee/work type category, date of the work performed specific to the task, percentage of that work that has been completed by task, 3rd party supporting documentation with the same detail and a brief progress report. DocuSign Envelope ID: D2DA7E3A-96DA-4121-911A-15C7B7AFD915 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type SS 2018- Frontier Aerial Herbicide Application Page 11 of 12 EXHIBIT D COMPENSATION DocuSign Envelope ID: D2DA7E3A-96DA-4121-911A-15C7B7AFD915 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type SS 2018- Frontier Aerial Herbicide Application Page 12 of 12 EXHIBIT E 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: D2DA7E3A-96DA-4121-911A-15C7B7AFD915 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 OLD REPUBLIC INSURANCE COMPANY ADDITIONAL INSURED AMENDMENT Policy Number: Insured: Policy Period: To: Effective Date of This Amendment: 12:01 am Standard Time From: AG 00037618 AG AIR, INC. DBA FRONTIER August 4, 2018 August 4, 2019 August 20, 2018 THIS AMENDMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. This amendment modifies insurance provided under the following: AERIAL APPLICATOR INSURANCE POLICY In consideration of an additional premium of Included, it is agreed that as respects: All aircraft insured by this policy City of Fort Collins Post Office Box 580 Fort Collins, CO 80522-0580 The following are included as an additional insured, but only as respects all approved operations of the named insured: However, this amendment does not provide coverage for the additional insured with respect to claims arising out of their legal liability as manufacturers, repairers, suppliers or servicing agents and shall not operate to prejudice the company’s right of recourse against the additional insured as manufacturers, repairers, suppliers or servicing agents where such rights of recourse would have existed had this endorsement not been effected under this policy. The coverage limits afforded hereunder shall be included within and not in addition to the limits applicable to the named insured. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Date Issued: August 20, 2018 AG304 (1-16) Page 1 of 1 DocuSign Envelope ID: D2DA7E3A-96DA-4121-911A-15C7B7AFD915 CERTIFICATE OF INSURANCE This is to certify to City of Fort Collins (Certificate Holder): Post Office Box 580 Fort Collins, CO 80522-0580 The following policy(ies) Ag Air, Inc. dba Frontier Helicopter, Inc., have been issued to: Frontier Fertilizer & Chemical Company, Inc. P.O. Box 606 Johnstown, CO 80534 AIRCRAFT POLICY NO: AG 000376 18 POLICY PERIOD: FROM: August 04, 2018 TO: August 04, 2019 INSURANCE COMPANY: OLD REPUBLIC INSURANCE COMPANY AIRCRAFT LIABILITY EXCLUDING CHEMICAL LIABILITY: LIMITS OF LIABILITY EACH PERSON EACH OCCURRENCE C. Bodily Injury Liability Excluding Passengers: $ $ D. Property Damage: $XXX $ E. Passenger Bodily Injury: $ $ F. Combined Bodily Injury & Property Damage Liability Excluding Passenger & Excluding Chemical Liability: $ $1,500,000 AIRCRAFT CHEMICAL LIABILITY: LIMITS OF LIABILITY EACH PERSON EACH OCCURRENCE G. Limited Chemical Bodily Injury Liability: $ $ $ Aggregate H. Limited Chemical Property Damage: $XXX $ $ Aggregate I. Limited Chemical Combined Bodily Injury/Property Damage: $ $ $ Aggregate J. Comprehensive Chemical Bodily Injury Liability: $ $ $ Aggregate K. Comprehensive Chemical Property Damage Liability: $XXX $ $ Aggregate L. Comprehensive Chemical Combined Bodily Injury & Property Damage Liability: $XXX $500,000 $1,000,000 Aggregate DESCRIPTION OF AIRCRAFT PHYSICAL DAMAGE COVERAGE: ALL RISKS GROUND NOT-IN-MOTION FAA INSURED DEDUCTIBLES NUMBER YEAR MAKE & MODEL VALUE NOT IN-MOTION IN-MOTION N2949W 1972 Bell 206 $500,000 $2,500 $ N53MA 1977 Bell 206B II $500,000 $2,500 $ N2268W 1982 Bell 206B II $500,000 $2,500 $ As respects any Aircraft Owned and Operated by the Named Insured and covered under the above referenced Policy AIRPORT POLICY NO: POLICY PERIOD: FROM: TO: INSURANCE COMPANY: OLD REPUBLIC INSURANCE COMPANY LIABILITY COVERAGES: LIMITS OF LIABILITY M. Aerial Applicator’s Premises Liability: $XXX each person $1,500,000 each occurrence * * Refer to the Policy, an Annual Aggregate limit may apply to some coverages. This Certificate Holder is: Included as a Loss Payee for Aircraft Physical Damage Coverage. Provided Breach of Warranty Coverage on Aircraft Physical Damage Coverage not to exceed 90% of the Insured Value. Included as an Additional Insured, but only with respect to operations of the Named Insured. Provided a Waiver of Subrogation, but only as respects Aircraft Physical Damage Coverage. OTHER COVERAGES/CONDITIONS/REMARKS: Provision has been made to give the Certificate Holder thirty (30) days Notice of Cancellation - ten (10) days for nonpayment of premium of any policy above, however, the Company assumes no responsibility for the failure to provide such notice. This Certificate does not change in any way the actual coverages provided by the policy(ies) specified above. Old Republic Aerosapce Representative: Agency Name: Agency Phone: B&B Protector Plans, Inc. 800.527.4953 Date: 08/20/2018 1990 Vaughn Road, Suite 350, Kennesaw, GA 30144  (770) 590-4950  Fax: (770) 590-0599 DocuSign Envelope ID: D2DA7E3A-96DA-4121-911A-15C7B7AFD915 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 AGAIR-1 OP ID: E1 08/20/2018 Evie Jo Ontiveros Brown & Brown of Colorado, Inc 2170 S. Parker Rd Ste 251 Denver, CO 80231 Jason Sartor 720-963-4286 720-962-5142 eontiveros@bbdenver.com Travelers Indemnity Company 25658 AG Air Inc. DBA Pinnacol Assurance Company 41190 Fronter Fertilizer & Chemical Ron Osborne P.O. Box 606 Johnstown, CO 80534 1,000,000 AX X BA9274A49018 08/15/2018 08/15/2019 X B 1009382 07/01/2018 07/01/2019 1,000,000 1,000,000 1,000,000 Per policy terms, conditions and exclusions City of Ft Collins is an Additional Insured as respects Auto Liability, as required by written contract. FTCOLLC City of Ft Collins Purchasing Dept PO Box 580 Ft Collins, CO 80522 DocuSign Envelope ID: D2DA7E3A-96DA-4121-911A-15C7B7AFD915