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HomeMy WebLinkAboutCORRESPONDENCE - BID - 8463 TIMBERLINE RECYCLING CENTER HAULING (3)Services Agreement
8463 Timberline Recycling Center Hauling Page 1 of 10
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 WASTE MANAGEMENT OF COLORADO, 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. Scope of Services. The Service Provider agrees to provide services in accordance with
the scope of services for 8463 TIMBERLINE RECYCLING CENTER HAULING attached
hereto as Exhibit "A", consisting of three (3) 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. Contract Period. This Agreement shall commence March 1, 2017, and shall continue in
full force and effect until February 28, 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. Written notice of renewal
shall be provided to the Service Provider and mailed no later than thirty (30) days prior to
contract end.
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:
Waste Management of
Colorado, Inc.
Attn: Melissa Kolwaite
5500 S. Quebec Street, Ste. 250
Greenwood Village, CO 80111
City of Fort Collins
Attn: Susan Gordon
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
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Services Agreement
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mkolwait@wm.com
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
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, as per the attached Exhibit
"A", consisting of three (3) pages, 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.
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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.
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
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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 B, 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:
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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 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.
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8463 Timberline Recycling Center Hauling Page 6 of 10
THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
DATE:
ATTEST:
APPROVED AS TO FORM:
WASTE MANAGEMENT OF COLORADO, INC.
By:
Printed:
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
DocuSign Envelope ID: 63A34D21-8762-439F-A476-FEB8A4DD5D6B
Dir of Public Sector Solutions
3/2/2017
Melissa Kolwaite
Senior Assistant City Attorney
3/2/2017
City Clerk
Services Agreement
Page 7 of 10
EXHIBIT A
SCOPE OF SERVICES
BACKGROUND:
The City of Fort Collins (City) has taken bids from qualified individuals or firms (Service
Provider) to haul recyclables from the City of Fort Collins’ recycling drop-off facility. Known as
the Timberline Recycling Center, the facility was relocated to 1903 S. Timberline Road from the
original site (“Rivendell”) in 2016. It is open to the public seven days per week during daylight
hours (dawn to dusk). Daily usage averages 400 visitors and overall volumes average 115
tons per month. More information on the Timberline Road site can be viewed by visiting:
http://www.fcgov.com/recycling/dropoff.php
The successful bidder demonstrates ability to assume full responsibility for performing the
following functions at the Timberline Recycling Center per the following Specifications:
SPECIFICATIONS:
1. Facility Description:
The drop-off site is open year-round to the public during daylight hours, containing:
Three hydraulic compactor units (40-cubic yard boxes), and
Six standard 30-cubic yard, open box, containers with gable-top roofs
2. Materials Collected
Materials will be collected in the following manner:
two 40-yard compactor units will collect old corrugated cardboard
one 40-yard compactor unit will collect “hard mix” fiber including paperboard and
miscellaneous low-grade paper such as telephone books and brown paper bags
two 30-yard gable-top containers will collect a combination of the following paper
types: magazines, junk mail, newspapers and office paper
two 30-yard gable-top containers will collect commingled bottles and cans including:
steel cans, aluminum cans, all narrow-neck plastic bottles and plastics #3-7 food
containers
two 30-yard gable-top container will collect source-separated glass bottles and jars
(optional at discretion of City to possibly use alternative vendor for glass
hauling/recycling)
3. Requirements of Contract
1. Service Provider must provide monthly reporting and documentation to the City
representative by the 5th business day of the month as follows:
a. All weights collected, by material, and on a “per pull” basis.
b. Market price received for materials, and destination where materials were
delivered for processing and/or sales.
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2. All collected materials collected from the City facility must be marketed through a Materials
Recovery Facility that complies with Colorado State permitting and reporting requirements;
and is approved by the City’s designated representative for this project.
3. Containers must be pulled in a timely manner as soon as they become full and may not be
pulled if container is less than 85-90% full by volume, or less than 85-90% full according to
Colorado State Department of Transportation limitations.
4. “Turnaround” time for emptying any container must not exceed 2-3 hours unless contractor
provides a substitute bin of adequate capacity for the public to use in place of the absent
container.
5. Service Provider must clean up any overflow material that spills out from compactor unit
hoppers before leaving the site to deliver containers. Service Provider may have to leave
ram/blade in the “in” position and run the compactor, when necessary to make room for the
spillage.
6. On weekdays (Mon-Fri) containers must be pulled within four (4) hours if contacted by the
City representative to report a full container.
7. Compactor units must be reconnected to hopper and the “reset” button must be pulled out
before driver leaves the drop-off site.
8. Service Provider’s staff will oversee site conditions on a day-to-day basis, provide litter
clean-up, ensure that all equipment is in good repair and that public safety is protected.
9. Service Provider’s staff will communicate with the City Representative on a regular basis, in
order to keep the City apprised of any maintenance needs, including snow plowing for the
parking lot and entryway, or other situations requiring the City’s attention. The City should
be notified within 24 hours of the discovery by Service Provider’s staff of any conditions
such as equipment maintenance issues that need to be brought to the City’s attention for
corrective action. (Note: The City hires a separate contractor to perform snow removal and
to spread ice-melt products at the Recycling Center).
10. The City of Fort Collins allows other Public Agencies the opportunity to purchase off
the Award for this Bid, at the option of the Awarded Service Provider. Other public
agencies that are members of the Colorado Multiple Assembly of Procurement Officials
(MAPO) cooperative purchasing group that have indicated a desire to participate in any
resulting awards as a potential cooperative user include but are not limited to:
Town of Windsor, Colorado
11. Haul Rates:
As Agreed by Service Provider and the City of Fort Collins, the following Cost per Haul shall
apply:
3/1/17-8/31/17: $126.00
9/1/17-2/28/18: $149.00
Upon optional renewal for Year 2:
3/1/18-8/31/18: $172.00
9/1/18-2/28/19: $195.00
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Upon optional renewal for Year 3:
3/1/19: Flat 2.5% increase to $200.00
Upon optional renewal for Year 4:
3/1/20: Flat 2.5% increase to $205.00
Upon optional renewal for Year 5:
3/1/21: Flat 2.5% increase to $210.00
12. Rebate:
a. OCC, Newspaper, Mixed Paper and Glass shall be rebated the monthly published
Gate Rate per ton for the Larimer County Recycle Center (LCRC) for each
commodity,
b. Commingled Containers shall be rebated the monthly published Gate Rate for the
LCRC, plus $10/ton to reflect the glass-free nature of the containers. If sample audits
indicate that the Container stream contains more than 5% glass by weight, the
rebate will revert to the Gate Rate.
13. Definition of Commingled Container:
Commingled containers (glass bottles and jars*, aluminum and steel cans, most plastic
containers numbered 1-7)
*Additional $10/ton to reflect the glass-free nature of containers
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EXHIBIT B
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: 63A34D21-8762-439F-A476-FEB8A4DD5D6B
No new insurance required
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
DATE (MM/DD/YYYY)
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 $
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 $
PRO-
POLICY JECT LOC PRODUCTS - COMP/OP AGG $
OTHER: $
COMBINED SINGLE LIMIT $
(Ea accident)
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident) $
AUTOS ONLY AUTOS
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
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
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
CERTIFICATE OF LIABILITY INSURANCE
LOCKTON COMPANIES
5847 SAN FELIPE, SUITE 320
HOUSTON TX 77057
866-260-3538
WASTE MANAGEMENT HOLDINGS, INC. & ALL AFFILIATED,
RELATED & SUBSIDIARY COMPANIES INCLUDING:
WASTE MANAGEMENT OF NORTHERN COLORADO
500 EAST VINE DRIVE
FORT COLLINS CO 80524
ACE American Insurance Company 22667
ACE Fire Underwriters Insurance Company 20702
ACE Property & Casualty Insurance Co 20699
Indemnity Insurance Co of North America 43575
X
X
X XCU INCLUDED
X ISO FORM CG00010413
5,000,000
5,000,000
XXXXXXX
5,000,000
6,000,000
6,000,000
X
X
X X
X MCS-90
1,000,000
XXXXXXX
XXXXXXX
XXXXXXX
XXXXXXX
X X 15,000,000
15,000,000
XXXXXXX
N
X
3,000,000
3,000,000
3,000,000
EXCESS AUTO
LIABILITY
COMBINED SINGLE LIMIT
$9,000,000
(EACH ACCIDENT)
A MMT H09052884 1/1/2017 1/1/2018
A HDO G27860825 1/1/2017 1/1/2018
A XSA H09052872 1/1/2017 1/1/2018
C XOO G27929242 002 1/1/2017 1/1/2018
B WLR C49106944 (AOS) 1/1/2017 1/1/2018
A WLR C49106907 (AZ,CA,&MA) 1/1/2017 1/1/2018
D SCF C49106981 (WI) 1/1/2017 1/1/2018
1/1/2018
1300436
Y N
Y N
Y N
N
12/7/2016
Y N
3429072
3429072 XXXXXXX
CITY OF FORT COLLINS
P.O. BOX 580
FT. COLLINS CO 80524
ADDITIONAL INSURED IN FAVOR OF THE CITY OF FORT COLLINS (COLORADO) (ON ALL POLICIES EXCEPT WORKERS' COMPENSATION/EL)
WHERE REQUIRED BY WRITTEN CONTRACT.
X X
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