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HomeMy WebLinkAbout441208 FRONTIER FERTILIZER & CHEMICAL CO - CONTRACT - AGREEMENT MISC - FRONTIER FERTIZILER & CHEMICAL COServices Agreement MISC 2016 – Herbicide Application on Natural Areas Page 1 of 13 SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and FRONTIER FERTILIZER & CHEMICAL CO., hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of five (5) pages and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. 2. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within five (5) days following execution of this Agreement. Services shall be completed no later than November 30, 2016. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 3. 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. 4. Early Termination by City/Notice. 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 delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Service Provider: City: Copy to: Frontier Fertilizer & Chemical Co Attn: Ronald Osborne PO Box 606 Johnstown, CO 80534 City of Fort Collins Attn: Jennifer Roberts 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 date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service DocuSign Envelope ID: B8683CC2-EF5C-4B34-BF62-C22F310D7988 Services Agreement MISC 2016 – Herbicide Application on Natural Areas Page 2 of 13 Provider's sole right and remedy for such termination. 5. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, Twenty-Four Thousand Nine Hundred Eighty-Seven Dollars ($24,987) as per the attached Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 6. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. 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. 9. 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. 10. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 11. 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: B8683CC2-EF5C-4B34-BF62-C22F310D7988 Services Agreement MISC 2016 – Herbicide Application on Natural Areas Page 3 of 13 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. 12. 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. 13. 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. 14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 15. 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 DocuSign Envelope ID: B8683CC2-EF5C-4B34-BF62-C22F310D7988 Services Agreement MISC 2016 – Herbicide Application on Natural Areas Page 4 of 13 Exhibit C, 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. 16. 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. 17. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 18. 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 DocuSign Envelope ID: B8683CC2-EF5C-4B34-BF62-C22F310D7988 Services Agreement MISC 2016 – Herbicide Application on Natural Areas Page 5 of 13 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 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. 19. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "D" - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: FRONTIER FERTILIZER & CHEMICAL CO By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: B8683CC2-EF5C-4B34-BF62-C22F310D7988 Vice President 9/17/2016 Ronald L Osborne 9/21/2016 Services Agreement MISC 2016 – Herbicide Application on Natural Areas Page 6 of 13 EXHIBIT A SCOPE OF WORK Project: The City of Fort Collins Natural Areas Department is seeking bids on an Aerial Herbicide Application on 3 properties. The work is separated out into three zones as designated below (maps included). Dates of Service: September 1, 2016- November 30, 2016. Other Requirements:  The contractor will need to have a commercial applicators license in Colorado or a reciprocal commercial applicators license.  The contractor will need to have guaranteed availability to complete the work during service dates.  Contractor understands that work is weather dependent. Contractor will need to communicate with the project manager in order to coordinate potential treatment dates for property and trail closures. Specifications: The Natural Areas Department seeks a contractor to apply Plateau herbicide by helicopter to 3 natural areas (properties). The herbicide and adjuvant rates are to be determined by the Department per site and all herbicides and adjuvants will be supplied by the Natural Areas Department. The spray volume of water per acre will be 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 range from grasslands with rolling hills to sloped shrubland areas with mountain mahogany. Treatment specifics for grasslands and shrublands are listed below. Grasslands-These areas can be sprayed anytime during the Dates of Service Sept 1- Nov 30, 2016. Shrublands- These areas contain desirable shrubs and will need to be dormant before treatment can take place. Treatment can begin once the shrubs are considered to be dormant (Approximately October 15). MSO may be added if cheatgrass is actively growing. Please Bid on the Following: 1) Zone 1: Coyote Ridge and Reservoir Ridge 581 acres of grasslands (treat during dates of service) 2) Zone 2: Soapstone Prairie 60 acres of grasslands (treat during dates of service) 100 acres of shrublands (treat Oct 15- Nov 30) 3) Zone 3: Bobcat Ridge 150 acres of Grassland (treat during dates of service) DocuSign Envelope ID: B8683CC2-EF5C-4B34-BF62-C22F310D7988 Services Agreement MISC 2016 – Herbicide Application on Natural Areas Page 7 of 13 ZONE 1: Reservoir Ridge Natural Area- Nearest Crossroads Overland Trail and Michaud Lane (Treatment area outlined in red) Grasslands- 166 acres DocuSign Envelope ID: B8683CC2-EF5C-4B34-BF62-C22F310D7988 Services Agreement MISC 2016 – Herbicide Application on Natural Areas Page 8 of 13 ZONE 1: Coyote Ridge Natural Area- Nearest Crossroads N County Road 19 (Taft Hill) and Trilby Road- (Treatment areas outlined in Red)- Grasslands- 415 acres DocuSign Envelope ID: B8683CC2-EF5C-4B34-BF62-C22F310D7988 Services Agreement MISC 2016 – Herbicide Application on Natural Areas Page 9 of 13 ZONE 2: Soapstone Prairie Natural Area- Nearest road Rawhide Flats Road. Northwest corner of property shown (Wyoming boarder to the north). Shrublands shown in blue- 100 acres. Grasslands shown in yellow- 60 acres. Note that areas of cheatgrass are adjacent to a canyon. DocuSign Envelope ID: B8683CC2-EF5C-4B34-BF62-C22F310D7988 Services Agreement MISC 2016 – Herbicide Application on Natural Areas Page 10 of 13 ZONE 3: Bobcat Ridge Natural Area - Grassland shown in hatched red - 150 acres. DocuSign Envelope ID: B8683CC2-EF5C-4B34-BF62-C22F310D7988 Services Agreement MISC 2016 – Herbicide Application on Natural Areas Page 11 of 13 EXHIBIT B COMPENSATION BID SHEET: FRONTIER FERTILIZER & CHEMICAL CO. 1. Zone 1: Coyote Ridge and Reservoir Ridge 581 acres of grasslands $15,687 (treat during dates of service) 2. Zone 2: Soapstone Prairie 60 acres of grasslands $1,800 (treat during dates of service) 100 acres of shrublands $_3,000_ (treat Oct 15- Nov 30) 3. Zone 3: Bobcat Ridge 150 acres of Grassland $_4,500_ (treat during dates of service) Grand Total: $24,987 DocuSign Envelope ID: B8683CC2-EF5C-4B34-BF62-C22F310D7988 Services Agreement MISC 2016 – Herbicide Application on Natural Areas Page 12 of 13 EXHIBIT C 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: B8683CC2-EF5C-4B34-BF62-C22F310D7988 New insurance Services Agreement MISC 2016 – Herbicide Application on Natural Areas Page 13 of 13 EXHIBIT D CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. DocuSign Envelope ID: B8683CC2-EF5C-4B34-BF62-C22F310D7988 DocuSign Envelope ID: B8683CC2-EF5C-4B34-BF62-C22F310D7988 CERTIFICATE OF INSURANCE This is to certify to City of Fort Collins (Certificate Holder): Purchasing Department Post Office Box 580 Fort Collins, CO 80522 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 00037616 POLICY PERIOD: FROM: August 04, 2016 TO: August 04, 2017 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 $750,000 Aggregate DESCRIPTION OF AIRCRAFT PHYSICAL DAMAGE COVERAGE: ALL RISKS GROUND AND IN-FLIGHT 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. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE FAX (A/C, No, Ext): (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- LOC PRODUCTS - COMP/OP AGG $ JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY STATUTE ER Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD AGAIR-1 OP ID: E1 09/19/2016 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 Charter Oak Fire Ins. Co 25615 AG Air Inc. DBA Fronter Fertilizer & Chemical Ron Osborne P.O. Box 606 Johnstown, CO 80534 1,000,000 AX X BA9274A49016 08/15/2016 08/15/2017 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: B8683CC2-EF5C-4B34-BF62-C22F310D7988 800-467-8734 Date: 09/19/2016 1990 Vaughn Road, Suite 350, Kennesaw, GA 30144  (770) 590-4950  Fax: (770) 590-0599 DocuSign Envelope ID: B8683CC2-EF5C-4B34-BF62-C22F310D7988