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532726 SAFEBUILT COLORADO INC - CONTRACT - AGREEMENT MISC - SAFEBUILT COLORADO INC
This Professional Services Agreement (“Agreement”), is entered into by and between the City of Fort Collins, Colorado, (“Municipality”) and SAFEbuilt Colorado, LLC, (“Consultant”). The Municipality and the Consultant shall be jointly referred to as the “Parties”. RECITALS WHEREAS, the Municipality is seeking a consultant to perform the services listed in Exhibit A – List of Services and Fee Schedule, (“Services”); and WHEREAS, Consultant is ready, willing, and able to perform the Services. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the Municipality and Consultant agree as follows: 1. SCOPE OF SERVICES Consultant will provide the Services to the Municipality using qualified professionals. Consultant will perform Services in accordance with the Municipality’s adopted codes and Municipality adopted amendments and ordinances. The professionals employed by the Consultant will maintain current certifications, certificates, licenses as required for the services that they provide to the Municipality. Consultant is not obligated to perform services beyond what is contemplated by this Agreement. Consultant will perform work at a level of competency in accordance with industry standards. 2. CHANGES TO SCOPE OF SERVICES Any changes to Services that are mutually agreed upon between the Municipality and Consultant shall be made in writing which shall specifically designate any changes in compensation for the Services and be made as a signed and fully executed amendment to the Agreement. 3. FEE STRUCTURE In consideration of the Consultant providing services, the Municipality shall pay the Consultant for the Services performed in accordance with Exhibit A – List of Services and Fee Schedule. 4. INVOICE & PAYMENT STRUCTURE Consultant will invoice the Municipality on a monthly basis and provide all supporting documentation. All payments are due to Consultant within 30 days of Consultant’s invoice date. The Municipality may request, and the Consultant shall provide, additional information before approving the invoice. When additional information is requested the Municipality will identify specific disputed item(s) and give specific reasons for any request. If additional information is requested, Municipality will submit payment within thirty (30) days of resolution of the dispute. 5. TERM This Agreement shall be effective for a twelve (12) month term of July 01, 2016 through June 30, 2017. 6. TERMINATION Either party may terminate this Agreement, or any part of this Agreement upon thirty (30) days written notice, with or without cause. In case of such termination, Consultant shall be entitled to receive payment for work completed up to and including the date of termination within thirty (30) days of the termination. 7. TABOR It is understood and acknowledged that the Municipality is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). The parties do not intend to violate the terms and requirements of TABOR by the PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF FORT COLLINS, COLORADO AND SAFEbuilt COLORADO, LLC Page 1 of 8 DocuSign Envelope ID: 851B6423-5C7F-4E86-BF6B-0EBBAAE1ED59 execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Municipality are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Municipality’s current fiscal period ending upon the next succeeding December 31. Financial obligations of the Municipality payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of Municipality, and other applicable law. Upon the failure to appropriate such funds, this Agreement shall be terminated. 8. MUNICIPALITY OBLIGATIONS The Municipality shall timely provide all data information, plans, specifications and other documentation reasonably required by Consultant to perform Services. 9. PERFORMANCE STANDARDS Consultant shall use that degree of care, skill, and professionalism ordinarily exercised under similar circumstances by members of the same profession practicing or performing the substantially same or similar services. Consultant represents and warrants to the Municipality that it will retain employees that possess the skills, knowledge, and abilities to competently, timely, and professionally perform the Services in accordance with this Agreement. 10. INDEMNIFICATION To the fullest extent permitted by law, Consultant shall be liable for and shall defend, save, indemnify, and hold harmless the Municipality, its elected and appointed officials, employees and volunteers and others working on behalf of the Municipality, from and against any and all claims, demands, suits, costs (including reasonable legal costs), expenses, and liabilities by reason of personal injury, including bodily injury or death and/or property damage to the extent that any such injury, loss or damage is caused by the negligence or breach of duty of Consultant or any officer, employee, representative, or agent of Consultant. To the extent permitted by law, the Municipality shall be responsible for and shall defend, save, indemnify, and hold harmless Consultant, its officers, employees, representatives, and agents, from and against any and all claims, demands, suits, costs (including reasonable legal costs), expenses, and liabilities by reason of personal injury, including bodily injury or death and/or property damage to the extent that any such injury, loss or damage is caused by the negligence or breach of duty of the Municipality or any officer, employee, representative, or agent of the Municipality. If either party becomes aware of any incident likely to give rise to a claim under the above indemnities, it shall notify the other and both parties shall cooperate fully in investigating the incident. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq.. 11. ASSIGNMENT Neither party shall assign all or part of its rights, duties, obligations, responsibilities, nor benefits set forth in this Agreement to another entity without the written approval of both parties; consent shall not be unreasonably withheld. Consultant is permitted to subcontract portions of the Services provided that Consultant give Municipality prior written notice of the persons or entities with which Consultant has subcontracted. Consultant remains responsible for any subcontractor’s performance or failure to perform. Subcontractors will be subject to the same performance criteria expected of Consultant. Performances clauses will be included in agreements with all subcontractors to assure quality levels and agreed upon schedules are met. Page 2 of 8 DocuSign Envelope ID: 851B6423-5C7F-4E86-BF6B-0EBBAAE1ED59 12. INSURANCE A. Consultant agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Consultant pursuant to this Agreement. Such insurance shall be in addition to any other insurance requirements imposed by law. B. At a minimum, the Consultant shall procure and maintain, and shall cause any subcontractor of the Consultant to procure and maintain, the minimum insurance coverage’s listed below. Such coverage’s shall be procured and maintained with forms and insurers acceptable to the Municipality. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. C. Worker's compensation insurance to cover obligations imposed by applicable law for any employee engaged in the performance of work under this Agreement, and Employer's Liability insurance with minimum limits of one million dollars ($1,000,000) bodily injury each accident, one million dollars ($1,000,000) bodily injury by disease – policy limit, and one million dollars ($1,000,000) bodily injury by disease – each employee. Evidence of qualified self-insured status may be substituted for the worker's compensation requirements of this paragraph. D. Commercial general liability insurance with minimum combined single limits of one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) general aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, independent Consultant’s, and products. The policy shall contain a severability of interest provision, and shall be endorsed to include the Municipality and the Municipality’s officers, employees, and consultants as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. E. Professional liability insurance with minimum limits of five million dollars ($5,000,000) each claim and five million dollars ($5,000,000) general aggregate. F. Vehicle liability insurance with a minimum combined single limits of one million dollars ($1,000,000) for bodily injury and property damage. G. The Municipality shall be named as an additional insured on Consultant’s insurance coverage H. Prior to commencement of the Services, Consultant shall submit certificates of insurance acceptable to the Municipality. 13. INDEPENDENT CONTRACTOR The Consultant is an independent contractor, and neither the Consultant, nor any employee or agent thereof, shall be deemed for any reason to be an employee or agent of the Municipality. As the Consultant is an independent contractor, the Municipality shall have no liability or responsibility for any direct payment of any salaries, wages, payroll taxes, or any and all other forms or types of compensation or benefits to any personnel performing services for the Municipality under this Agreement. The Consultant shall be solely responsible for all compensation, benefits, insurance and employment-related rights of any person providing Services hereunder during the course of or arising or accruing as a result of any employment, whether past or present, with the Consultant, as well as all legal costs including attorney’s fees incurred in the defense of any conflict or legal action resulting from such employment or related to the corporate amenities of such employment. 14. THIRD PARTY RELIANCE This Agreement is intended for the mutual benefit of the parties hereto and no third party rights are intended or implied. 15. OWNERSHIP OF DOCUMENTS The Municipality shall retain ownership of all work product and deliverables created by Consultant pursuant to this Agreement. All records, documents, notes, data and other materials required for or resulting from Page 3 of 8 DocuSign Envelope ID: 851B6423-5C7F-4E86-BF6B-0EBBAAE1ED59 the performance of the Services hereunder shall not be used by the Consultant for any purpose other than the performance of the Services hereunder without the express prior written consent of the Municipality. All such records, documents, notes, data and other materials shall become the exclusive property of the Municipality when the Consultant has been compensated for the same as set forth herein, and the Municipality shall thereafter retain sole and exclusive rights to receive and use such materials in such manner and for such purposes as determined by it. If this Agreement expires or is terminated for any reason, all records, documents, notes, data and other materials maintained or stored in Consultant’s secure proprietary software pertaining to the Municipality will be exported into a CSV file and become property of the Municipality. The Municipality and its duly authorized representatives shall have access to any books, documents, papers and records of the Consultant that are related to this Agreement for the purposes of audit or examination, other than the Consultant’s financial records, and may make excerpts and transcriptions of the same. 16. SEVERABILITY If any part of this Agreement shall be held to be invalid for any reason, the remainder of this Agreement shall be valid to the fullest extent permitted by law. 17. DISCRIMINATION & ADA COMPLIANCE Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, disability, national origin or any other category protected by applicable federal or state law. Such action shall include but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notice to be provided by an agency of the federal government, setting forth the provisions of the Equal Opportunity laws. Consultant shall comply with the appropriate provisions of the Americans with Disabilities Act (the “ADA”), as enacted and as from time to time amended, and any other applicable federal regulations. A signed certificate confirming compliance with the ADA may be requested by the Municipality at any time during the term of this Agreement. 18. PROHIBITION AGAINST EMPLOYING ILLEGAL ALIENS: Consultant shall not knowingly employ or contract with an illegal alien to perform work under this Agreement and will verify immigration status to confirm employment eligibility. Consultant shall not enter into an agreement with a subcontractor that fails to certify to the Consultant that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Consultant is prohibited from using the program or the Department program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. Consultant is registered with and is authorized to use and uses the federal work authorization program commonly known as E-Verify. Consultant’s federal work authorization user identification number is 254821; authorization date of September 23, 2009. Consultant certifies, through signature of its authorized representative executing this Agreement, that it does not knowingly employ or contract with an illegal alien who will perform work under the public contract for services and that the Consultant will participate in the United States Government’s E-Verify Program or the State of Colorado Department of Labor and Employment Program (“Department Program”) in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services. A. Consultant shall not: Page 4 of 8 DocuSign Envelope ID: 851B6423-5C7F-4E86-BF6B-0EBBAAE1ED59 1) Knowingly employ or contract with an illegal alien to perform work under the Agreement; or 2) Enter into a contract with a subcontractor that fails to certify to the Consultant that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. B. Consultant shall affirm as required by C.R.S. § 8-17.5-102 (c) (II) the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services through participation in either the E-Verify Program or the Department Program. C. Consultant is prohibited from using the E-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. D. If Consultant obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, Consultant shall be required to: 1) Notify the subcontractor and Municipality within three days that the Consultant 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 certification required pursuant to sub-subparagraph (b)(2) the subcontractor does not stop employing or contracting with the illegal alien; except that the Consultant 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. Consultant shall comply with all rules and regulations and any reasonable request by the State Department of Labor and Employment made in the course of the Department’s performance of its lawful duties pursuant to C.R.S. 8-17.5-101 et.seq., as amended from time to time. F. If Consultant violates any of the provisions set forth in this section, Municipality may terminate the Agreement. 19. SOLICITATION/HIRING OF CONSULTANT’S EMPLOYEES During the term of this Agreement and for one year thereafter, Municipality shall not solicit, recruit or hire, or attempt to solicit, recruit or hire, any employee or former employee of Consultant who provided services to Municipality pursuant to this Agreement (“Service Providers”), or who interacted with Municipality in connection with the provision of such services (including but not limited to supervisors or managers of Service Providers, customer relations personnel, accounting personnel, and other support personnel of Consultant). The parties agree that this provision is reasonable and necessary in order to preserve and protect Consultant’s trade secrets and other confidential information, its investment in the training of its employees, the stability of its workforce, and its ability to provide competitive building department programs in this market. If any provision of this section is found by a court or arbitrator to be overly broad, unreasonable in scope or otherwise unenforceable, the parties agree that such court or arbitrator shall modify such provision to the minimum extent necessary to render this section enforceable 20. NOTICES Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class United States Mail, addressed as follows: If to the Municipality: If to the Consultant: Gerry Paul, Purchasing Director City of Fort Collins City Hall West / 300 LaPorte Avenue Fort Collins, CO 80521 Greg Toth, President SAFEbuilt, LLC 3755 Precision Drive, Suite 140 Loveland, CO 80538 Page 5 of 8 DocuSign Envelope ID: 851B6423-5C7F-4E86-BF6B-0EBBAAE1ED59 21. DISPUTE RESOLUTION In the event a dispute arises out of or relates to this Agreement, or the breach thereof, and if said dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation, before resorting to arbitration, litigation, or some other dispute resolution procedure. 22. GOVERNING LAW This Agreement shall be construed under and governed by the laws of the State of Colorado and all services to be provided will be provided in accordance with applicable federal, state and local law. This Agreement constitutes the complete, entire and final agreement of the parties hereto with respect to the subject matter hereof, and shall supersede any and all previous communications, representations, whether oral or written, with respect to the subject matter hereof. 23. COUNTERPARTS This Agreement and any amendments may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. For purposes of executing this Agreement, scanned signatures shall be as valid as the original. This Agreement, along with attached exhibits, constitutes the complete, entire and final agreement of the parties hereto with respect to the subject matter hereof, and shall supersede any and all previous communications, representations, whether oral or written, with respect to the subject matter hereof. Invalidation of any of the provisions of this Agreement or any paragraph sentence, clause, phrase, or word herein or the application thereof in any given circumstance shall not affect the validity of any other provision of this Agreement. IN WITNESS HEREOF, the undersigned have caused this Agreement to be executed in their respective names on the dates hereinafter enumerated. City of Fort Collins, Colorado SAFEbuilt Colorado, LLC _______________________________ ______________________________ Signature Signature Name: __Gerry Paul____________ Name:_Greg Toth________________ Title: ___Purchasing Director_______ Title: __President__________________ Date: _________/_________/_________ Date: _________/_________/________ ATTEST ___________________________ City Clerk APPROVED AS TO FORM: ___________________________ Senior Assistant City Attorney Page 6 of 8 DocuSign Envelope ID: 851B6423-5C7F-4E86-BF6B-0EBBAAE1ED59 7/19/2016 New insurance 7/19/2016 EXHIBIT A – LIST OF SERVICES AND FEE SCHEDULE 1. LIST OF SERVICES Supplemental/Project Support Plan Review: Accept and perform plan review electronically, as well as in traditional paper format. Plan review includes building, plumbing, mechanical, and electrical review. Our examiners will determine type of construction, use, and occupancy classification and review plans to determine that they comply with applicable codes and ordinances using ICC-certified examiners in the appropriate discipline. We will provide structural plan review using a licensed structural engineer when pre-approved by Consultant and City of Fort Collins Building Official. We will work with applicants on submittal requirements and provide timely feedback to jurisdiction staff to keep plan review process on schedule. Furthermore, we will coordinate plan review tracking, reporting, and interaction with applicable departments. Experienced plan examiners will interpret legal requirements and recommend compliance procedures as well as address any issues by comment and corrections in writing. We will meet or exceed agreed upon plan review turnaround times and return a set of finalized plans and all supporting documentation. Our ongoing support includes review of all revisions and we will be available to the applicant after the review is completed. Project Support Inspection: Perform consistent code compliant inspections to determine that construction activity using ICC certified inspectors in the appropriate discipline complies with approved plans and/or applicable codes/ordinances. Meet or exceed agreed upon performance metrics regarding inspections. In addition to providing training for our inspectors on partner municipalities’ codes and amendments, we will also provide onsite inspection consultations to citizens and contractors. Our experienced inspectors will identify and document any areas of non-compliance and suggest alternate means and leave a copy of the inspection ticket. With the customer in mind, we will discuss inspection results with site personnel. As needed, our inspectors will issue stop-work notices for non-conforming activities. 2. TIME OF PERFORMANCE Consultant will perform Services commencing upon execution of the agreement. Services will be performed during normal business hours excluding Municipal holidays. Supplemental/Project Support Plan Review Schedule: Plan Review Type First Comments Second Comments Residential projects 10 working days or less 5 working days or less Multi-family projects 15 working days or less 7 working days or less Small commercial projects (< $5M in valuation) 15 working days or less 7 working days or less Large commercial projects ( >$5M in valuation) 20 working days or less 10 working days or less Project Support Inspection Schedule: Consultant will perform inspections called in by 4:00 p.m. on the next business day Page 7 of 8 DocuSign Envelope ID: 851B6423-5C7F-4E86-BF6B-0EBBAAE1ED59 3. FEE STRUCTURE Services will be performed at the following all-inclusive rates: Supplemental Plan Review Fee Schedule: Residential Plan Review 80% of Municipality plan review fee Commercial Plan Review – excludes engineered review fees 90% of Municipality plan review fee Review of changes to approved plans $100.00 per hour Structural Engineering Plan Review $150.00 per hour – with prior approval from both Parties Project Support Fee Schedule: Plan Review – excludes engineered review fees 90% of Municipality plan review fee Inspection 90% of Municipality building permit fee Review of changes to approved plans $100.00 per hour Structural Engineering Plan Review $150.00 per hour – with prior approval from both Parties 4. INVOICE MILESTONES Fee Type Milestone % Invoiced Supplemental/Project Support Plan Review First comment submittal Plan review completion 50% 50% Project Support Inspection Date of permit issuance Six (6) months from issuance date or project completion whichever comes first Not to exceed thirty (30) days after project completion 50% 40% 10% Page 8 of 8 DocuSign Envelope ID: 851B6423-5C7F-4E86-BF6B-0EBBAAE1ED59 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 NOTEPAD INSURED'S NAME Date PAGE SAFEB-1 2 SAFEbuilt Holding Company OP ID: CL 07/18/2016 Named SAFEbuilt Insureds Arizona, (continued)LLC : SAFEbuilt SAFEbuilt Carolinas, Colorado, LLC LLC SAFEbuilt SAFEbuilt Florida, Georgia, LLC LLC SAFEbuilt SAFEbuilt Illinois, Louisiana, LLC LLC SAFEbuilt SAFEbuilt New Ohio, Mexico, LLC LLC SAFEbuilt SAFEbuilt Oregon, Texas, LLC LLC SAFEbuilt SAFEbuilt Michigan, Washington, LLC LLC SAFEbuilt LSL Planning, Wisconsin, LLC LLC Meritage Systems, Inc. If basis. required by a written contract, the following forms apply on a blanket General Liability: CG2038 CG2001 0413 0413 Additional Primary and Insured-Noncontributory Owners, Lessees or Contractors CG2404 0509 Waiver of Transfer of Rights of Recovery Against Others to Us Auto HA9916 Liability: 0312 Commercial Automobile Broad Form Endorsement includes Additional Subrogation Insureds, Primary and Non-Contributory language and Waiver of Workers Compensation: WC 00 03 13 Waiver Of Our Right to Recover from Others DocuSign Envelope ID: 851B6423-5C7F-4E86-BF6B-0EBBAAE1ED59 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 SAFEB-1 OP ID: CL 07/18/2016 Cyndi LaMotte RBN & Associates, Inc. 303 East Wacker Dr Suite 1130 Chicago, IL 60601 Bruce Scodro 312-856-9400 clamotte@rbn500.com Prop & Casu Ins Co of Hartford 34690 SAFEbuilt Holding Company Everest National Ins. Co. 10120 SAFEbuilt, LLC (See Attached) 3755 Precision Drive, Ste 140 Loveland, CO 80538 Executive Risk Indemnity, Inc. 35181 Twin City Fire Insurance Co. 29459 B X 1,000,000 X CF8GL00003-151 10/03/2015 10/03/2016 300,000 10,000 1,000,000 2,000,000 X 2,000,000 1,000,000 A X 83 UEN PY9100 10/03/2015 10/03/2016 X X X 5,000,000 B X CF8EX00001-151 10/03/2015 10/03/2016 5,000,000 X D 83 WE CE0623 05/12/2016 05/12/2017 1,000,000 N 1,000,000 1,000,000 C Professional Liab/ 8241-5262 10/03/2015 10/03/2016 Ea Claim 5,000,000 C Cyber Liability 8241-5262 10/03/2015 10/03/2016 Ea Claim 1,000,000 The City of Fort Collins is an Additional Insured as respects General Liability and Automobile Liability as required by a written contract. CITYOFF City of Fort Collins City Hall West 300 LaPorte Avenue Fort Collins, CO 80521 DocuSign Envelope ID: 851B6423-5C7F-4E86-BF6B-0EBBAAE1ED59