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CORRESPONDENCE - AGREEMENT MISC - BABCOCK LABORATORIES INC
February 10, 2020 Babcock Laboratories, Inc. Attn: Allison Mackenzie 6100 Quail Valley Court Riverside, CA 92507-0704 RE: Contract Renewal, Lab Testing & Analysis Dear Ms. Mackenzie: The City of Fort Collins wishes to extend the agreement term for the above captioned proposal per the existing terms and conditions and the following: 1) The term will be extended for one (1) additional year, February 22, 2020 through February 21, 2021. If the renewal is acceptable to your firm, please sign this letter in the space provided and include a current copy of insurance certificate naming the City as an additional insured for General and Automotive Liability within the next fifteen (15) days. If this extension is not agreeable with your firm, we ask that you send us a written notice stating that you do not wish to renew the contract and state the reason for non-renewal. Please contact Marisa Donegon, Buyer at (970) 416-4377 if you have any questions regarding this matter. Sincerely, Gerry S. Paul Director of Purchasing __________________________________________ ________________ Signature Date (Please indicate your desire to renew this agreement by signing this letter and returning it to Purchasing Division within the next fifteen days.) GSP:kr Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707- fax fcgov.com/purchasing DocuSign Envelope ID: 3935E8ED-C555-48B6-A87D-A0AE4C1C4EAE 2/19/2020 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: PHONE FAX (A/C, No, Ext): (A/C, No): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- LOC JECT PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-01 edition of CG2037; or B. additional insured coverage with “arising out of” language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: Primary and Noncontributory Insurance CNA75079XX (10-16) Policy No: 6071825747 Page 1 of 2 Endorsement No: 001 Valley Forge Insurance Company Effective Date: 05/28/2019 to Insured Name: Babcock Laboratories, Inc. 05/28/2020 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: 3935E8ED-C555-48B6-A87D-A0AE4C1C4EAE Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self-insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) Policy No: 6071825747 Page 2 of 2 Endorsement No: 001 Valley Forge Insurance Company Effective Date: 05/28/2019 to Insured Name: Babcock Laboratories, Inc. 05/28/2020 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: 3935E8ED-C555-48B6-A87D-A0AE4C1C4EAE Babcock Laboratories, Inc. POLICY NUMBER: 6071825750 POLICY PERIOD: 05/28/2019 to 05/28/2020 DocuSign Envelope ID: 3935E8ED-C555-48B6-A87D-A0AE4C1C4EAE DocuSign Envelope ID: 3935E8ED-C555-48B6-A87D-A0AE4C1C4EAE DocuSign Envelope ID: 3935E8ED-C555-48B6-A87D-A0AE4C1C4EAE Changes - Notice of Cancellation or Material Restriction Endorsement Policy No: 6071825747 Endorsement No: 004 Effective Date: 05/28/2019 CNA74702XX (1-15) Valley Forge Insurance Company Insured Name: Babcock Laboratories, Inc. Policy Term: 05/28/2019 to 05/28/2020 Copyright CNA All Rights Reserved. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART EMPLOYEE BENEFITS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART STOP GAP LIABILITY COVERAGE PART TECHNOLOGY ERRORS AND OMISSIONS LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY – NEW YORK DEPARTMENT OF TRANSPORTATION SCHEDULE Number of days notice (other than for nonpayment of premium): Number of days notice for nonpayment of premium: Name of person or organization to whom notice will be sent: Address: If no entry appears above, the number of days notice for nonpayment of premium will be 10 days. It is understood and agreed that in the event of cancellation or any material restrictions in coverage during the policy period, the Insurer also agrees to mail prior written notice of cancellation or material restriction to the person or organization listed in the above Schedule. Such notice will be sent prior to such cancellation in the manner prescribed in the above Schedule. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. 30 10 (-35 0, )013 (0..-/2 +* ’04 %&# )013 (0..-/2" (* &#%$$ DocuSign Envelope ID: 3935E8ED-C555-48B6-A87D-A0AE4C1C4EAE 05/-*+),;; "2@& (*’)+# 05/-*+),;;!"(*’)+#! 6=CA!)!IB!)! 6IFE?Q!5I.!! *%+&,’)+)%! 2H@IKLAGAHM!5I.! %%(! 2BBA?MEOA!1=MA.! %)$’,$’%&-! 4HLNKA@!5=GA.!.123836!012891<8954;"!/73#! 0IJQKECDM!05/!/FF!7ECDML!7ALAKOA@& 237/)+!3,!)’2)+00’7/32!35!1’7+5/’0!).’2-+!N!*+6/-2’7+*! 4+5632!35!35-’2/;’7/32! 4M!EL!NH@AKLMII@!=H@!=CKAA@!MD=M!MDEL!AH@IKLAGAHM!=GAH@L!MDA!(86/2+66!’873!)39+5’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’??G@HH ! 5=GA.! ! /MMAHMEIH.! ! 8MKAAM!/@@KALL.! 0EMQ$!8M=MA$!<46.! ! A%G=EF!=@@KALL&! /FF!IMDAK!MAKGL!=H@!?IH@EMEIHL!IB!MDA!6IFE?Q!KAG=EH!NH?D=HCA@&! INSURED NAME: Babcock Laboratories, Inc. POLICY NUMBER: 6071825750 POLICY PERIOD: 05/28/2019 to 05/28/2020 (-35 0, )013 (0..-/2 +* ’04 %&# )013 (0..-/2" (* &#%$$ DocuSign Envelope ID: 3935E8ED-C555-48B6-A87D-A0AE4C1C4EAE 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. 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 have ADDITIONAL INSURED provisions or 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: CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 1/2/2020 License # 0757776 (877) 825-2681 (951) 231-2572 20508 Babcock Laboratories, Inc. Edward S. Babcock & Sons, Inc. P.O. Box 432 Riverside, CA 92502 20443 35076 A 1,000,000 X 6071825747 5/28/2019 5/28/2020 100,000 15,000 1,000,000 2,000,000 2,000,000 B 1,000,000 X 6071825750 5/28/2019 5/28/2020 C 9265963-2020 1/2/2020 1/2/2021 1,000,000 Y 1,000,000 1,000,000 City of Fort Collins, its officers, agents and employees are Additional Insured with regard to General Liability when required by written contract per the attached endorsement form CNA75079XX 10/16. Additional Insured with regard to Auto Liability when required by written contract per the attached endorsement form SCA23500D 10/11. 30 day Cancellation notice applies with regard to the General Liability and Auto Liability per attached endorsements CNA74702XX 01/15 and CNA72315XX 02/13. City of Fort Collins PO Box 580 Fort Collins, CO 80522 BABCLAB-01 RDEANDA HUB International Insurance Services Inc. PO Box 5345 Riverside, CA 92517 Lynn Slone cal.cpu@hubinternational.com Valley Forge Insurance Company Continental Casualty Company State Compensation Insurance Fund of California X X X X X X X DocuSign Envelope ID: 3935E8ED-C555-48B6-A87D-A0AE4C1C4EAE