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HomeMy WebLinkAbout109276 PLANTORIUM INC - CONTRACT - BID - 8626 ANNUAL FLOWERSOfficial Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8626 Annual Flowers Page 1 of 16 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 PLANTORIUM, INC. 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 8626 Annual Flowers. 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. A general scope of services is attached hereto as Exhibit B, consisting of three (3) pages, 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 C, 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 initiated as specified by each written Work Order or oral emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. DocuSign Envelope ID: EB2EFFD2-1FED-42BD-9D13-429A7D03A123 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8626 Annual Flowers Page 2 of 16 3. Contract Period. This Agreement shall commence December 15, 2017 and shall continue in full force and effect until December 14, 2018, 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 at the time of renewal. 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 of such condition within fifteen (15) days from the onset of such condition. 5. 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: Plantorium, Inc. Attn: Melanie Wilcox 2933 W CR 54G Fort Collins, CO 80524 City of Fort Collins Attn: Robert Brendan Reed 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. 6. 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. 7. Payments. 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 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 three (3) page(s), and incorporated herein by this reference. Payment shall DocuSign Envelope ID: EB2EFFD2-1FED-42BD-9D13-429A7D03A123 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8626 Annual Flowers Page 3 of 16 be made by the City only upon acceptance of the work by the City. Payment terms are Net 30 days from the date of receipt of the invoice. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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 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 DocuSign Envelope ID: EB2EFFD2-1FED-42BD-9D13-429A7D03A123 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8626 Annual Flowers Page 4 of 16 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. 14. 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. 15. 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. 16. 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. 17. 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 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. 18. Entire Agreement. This Agreement, along with all Exhibits and other documents DocuSign Envelope ID: EB2EFFD2-1FED-42BD-9D13-429A7D03A123 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8626 Annual Flowers Page 5 of 16 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. 19. 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. 20. 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 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 DocuSign Envelope ID: EB2EFFD2-1FED-42BD-9D13-429A7D03A123 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8626 Annual Flowers Page 6 of 16 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. DocuSign Envelope ID: EB2EFFD2-1FED-42BD-9D13-429A7D03A123 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8626 Annual Flowers Page 7 of 16 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: PLANTORIUM, INC. By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: EB2EFFD2-1FED-42BD-9D13-429A7D03A123 Melanie Wilcox 12/6/2017 office manager Assistant City Attorney 12/7/2017 City Clerk Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8626 Annual Flowers Page 8 of 16 EXHIBIT A WORK ORDER FORM PURSUANT TO A MASTER AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND PLANTORIUM INCORPORATED WORK ORDER NUMBER: PROJECT TITLE: ORIGINAL BID/RFP NUMBER & NAME: MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date 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: EB2EFFD2-1FED-42BD-9D13-429A7D03A123 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8626 Annual Flowers Page 9 of 16 EXHIBIT B GENERAL SCOPE OF SERVICES Service Provider to grow and provide annual flowers for the City’s horticultural program. Flower growing pot sizes and types include: Elle pots, Quarts, Gallons, #3 pots, 18” moss hanging baskets, 18” baskets with cocoa liners in City owned basket frames, and 22” x 8” fiber pot planters. Additional Requirements • The City requires the Service Provider’s greenhouse production facility to be within a 30- mile radius of the intersection of Mulberry Street and College Avenue in Fort Collins. • The City requires the ability for City representatives to inspect the growing operation a minimum of three (3) times during the plant growing production, prior to delivery, at the City’s discretion. • The City retains the right to reject finished plant material that does not meet the City’s quality standards. • The City retains the right to choose specific seed and cutting propagation suppliers for annual flower production. • The City retains the right to choose specific varieties of plants for annual flower production. • All plants must be cold frame grown, and transitioned outdoors to acclimate to weather (for health, growth, and aesthetics of the plants throughout the season). • No growth regulators may be used on the plants grown for the City of Fort Collins. • Growing time criteria for plants are: o Elle pots flats (both seed and vegetative starts) - minimum of 6 weeks grow-in prior to delivery o Quarts (both seed and vegetative starts) - minimum of 7 weeks grow-in prior to delivery o Gallons (both seed and vegetative starts) - minimum of 9 weeks grow-in prior to delivery • Plant trays and pots are to be constructed in a manner that allows the trays and pots to be returned to the production greenhouse, where they are cleaned, disinfected and reused a minimum of 1 additional time beyond the initial use. Trays and pots are required to be constructed of recyclable material. • All trays/flats of plants shall be grown and delivered in Elle pots of at least 65mm diameter. If Elle pots are not to be used, an equal must be submitted to the City prior to the questions deadline and approved prior to bid opening. • Hanging flower baskets are to be 18” in diameter. o The City will require baskets that are lined, have a cocoa mat or moss visible exterior, and are ready to hang up upon delivery. DocuSign Envelope ID: EB2EFFD2-1FED-42BD-9D13-429A7D03A123 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8626 Annual Flowers Page 10 of 16  For specific locations, the City requires the use of City owned, metal basket frames to be use with an appropriate sized cocoa mat liner. • Cocoa mat liners are to be purchased by the greenhouse/nursery and billed to the City. Cocoa mats type and size will be approved by the designated City representative. o Upon delivery, all hanging baskets shall be grown-in and ready to show (example pictures of a fully grown-in basket below) Example of #3 pots for rings in light pole Example of moss hanging basket Example of cocoa mat hanging basket DocuSign Envelope ID: EB2EFFD2-1FED-42BD-9D13-429A7D03A123 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8626 Annual Flowers Page 11 of 16 Delivery and Invoicing Requirements • Service Provider is to furnish itemized invoices for each individual delivery. The invoices are to be hand-delivered to the City representative at the time of delivery. • The City of Fort Collins – Parks Department may request deliveries of up to 3 times a week, starting May 1st and lasting up to the end of June. o All deliveries are required to be delivered to the specified location by 6 am unless requested otherwise by the City. o At the City’s sole discretion, each delivery can range in size from 500 plants to 8,000 plants per delivery.  Deliveries that are over 1,000 plants must be shipped on rolling racks or similar that can be offloaded via a lift-gate to facilitate quick and efficient offloading of plants. o The City will submit each request for delivery, with the plants and amounts desired for each delivery, at least 48 hours prior to the requested delivery date and time. • Plants to be delivered to the City of Fort Collins job site cannot exceed three (3) hours in the delivery truck prior to delivery. Work Order Requirements Service Provider will invoice for all jobs completed on a unit price basis in accordance with the prices established in Exhibit D. A signed Work Order by the City Representative is the Service Provider’s notice to proceed. DocuSign Envelope ID: EB2EFFD2-1FED-42BD-9D13-429A7D03A123 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8626 Annual Flowers Page 12 of 16 EXHIBIT C CHANGE ORDER NO. PROJECT TITLE: SERVICE PROVIDER: Plantorium, Inc. 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: EB2EFFD2-1FED-42BD-9D13-429A7D03A123 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8626 Annual Flowers Page 13 of 16 EXHIBIT D (BID SCHEDULE/COMPENSATION) DocuSign Envelope ID: EB2EFFD2-1FED-42BD-9D13-429A7D03A123 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8626 Annual Flowers Page 14 of 16 DocuSign Envelope ID: EB2EFFD2-1FED-42BD-9D13-429A7D03A123 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8626 Annual Flowers Page 15 of 16 DocuSign Envelope ID: EB2EFFD2-1FED-42BD-9D13-429A7D03A123 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8626 Annual Flowers Page 16 of 16 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: EB2EFFD2-1FED-42BD-9D13-429A7D03A123 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) JECT LOC POLICY PRO- GEN'L AGGREGATE LIMIT APPLIES PER: CLAIMS-MADE OCCUR COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ DED RETENTION $ CLAIMS-MADE OCCUR $ AGGREGATE $ UMBRELLA LIAB EACH OCCURRENCE $ EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS PER STATUTE OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) DocuSign Envelope ID: EB2EFFD2-1FED-42BD-9D13-429A7D03A123 DocuSign Envelope ID: EB2EFFD2-1FED-42BD-9D13-429A7D03A123 DocuSign Envelope ID: EB2EFFD2-1FED-42BD-9D13-429A7D03A123 DocuSign Envelope ID: EB2EFFD2-1FED-42BD-9D13-429A7D03A123 DocuSign Envelope ID: EB2EFFD2-1FED-42BD-9D13-429A7D03A123 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) JECT LOC POLICY PRO- GEN'L AGGREGATE LIMIT APPLIES PER: CLAIMS-MADE OCCUR COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ DED RETENTION $ CLAIMS-MADE OCCUR $ AGGREGATE $ UMBRELLA LIAB EACH OCCURRENCE $ EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS PER STATUTE OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) DocuSign Envelope ID: EB2EFFD2-1FED-42BD-9D13-429A7D03A123 PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 12/6/2017 Richards Seeley & Schaefer, Inc. 3640 W 112th Ave Westminster CO 80031 Certificate Department 303-429-3561 303-427-0611 certs@rss-insurance.com Liberty Mutual Insurance 41785 PLANINC-01 Pinnacol Assurance 41190 Plantorium Inc PO Box 485 LaPorte CO 80535 1979872842 A X 1,000,000 X 100,000 15,000 1,000,000 2,000,000 BKW57630765 2/1/2017 2/1/2018 2,000,000 A X 2,000,000 10,000 USO57630765 X 2/1/2017 2/1/2018 B 3393332 10/1/2017 10/1/2018 X 1,000,000 1,000,000 1,000,000 A Equipment Floater BKW57630765 2/1/2017 2/1/2018 Per occurrence 32,000 City of Fort Collins is included as an Additional Insured with respect to General Liability and Auto Liability as required by written contract. City of Fort Collins PO Box 580 Fort Collins CO 80522 DocuSign Envelope ID: EB2EFFD2-1FED-42BD-9D13-429A7D03A123 PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 6/22/2017 Richards Seeley & Schaefer, Inc. 3640 W 112th Ave Westminster CO 80031 Plantorium Inc PO Box 485 LaPorte CO 80535 Liberty Mutual Insurance Pinnacol Assurance 41785 41190 303-429-3561 303-427-0611 info@rss-insurance.com PLANINC-01 388279040 A BKW57630765 2/1/2017 2/1/2018 1,000,000 100,000 15,000 1,000,000 2,000,000 2,000,000 X X A X X 10,000 USO57630765 2/1/2017 2/1/2018 2,000,000 B 3393332 10/1/2016 10/1/2017 X 1,000,000 1,000,000 1,000,000 A Equipment Floater BKW57630765 2/1/2017 2/1/2018 Per occurrence 32,000 Whole Foods Market, Inc. and its subsidiaries are additional insureds on the general liability including completed operations. Whole Foods Market, Inc. and its subsidiaries 550 Bowie St Austin TX 78703 USA DocuSign Envelope ID: EB2EFFD2-1FED-42BD-9D13-429A7D03A123