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Home My WebLink AboutCORRESPONDENCE - BID - 8095 WEED CUTTING & RUBBISH REMOVAL (4)May 1, 2018 Fuller Landscaping Attn: Brian Fuller 4836 Kiva Dr LaPorte, CO 80535 RE: Renewal, 8095 Weed Cutting & Rubbish Removal Dear Mr. Fuller: 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, May 1, 2018 through April 30, 2019. 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 Elliot Dale, Senior Buyer at (970) 221-6777 if you have any questions regarding this matter. Sincerely, Gerry S. Paul Director of Purchasing ________________________________________ ______________________ Signature Date (Please indicate your desire to renew 8095 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: 5F7BC714-5EE6-4A8B-B174-A9F8D5DC77AA 5/1/2018 DocuSign Envelope ID: 5F7BC714-5EE6-4A8B-B174-A9F8D5DC77AA DocuSign Envelope ID: 44353014-7A48-468B-A33E-CD95FE76F68B AMENDMENT #1 8095 WEED CUTTING & RUBBISH REMOVAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND FULLER LANDSCAPING, LLC This First Amendment (“Amendment #1”) is entered into by and between Fuller Landscaping, LLC (the “Service Provider”) and the City of Fort Collins, Colorado (the “City”). WHEREAS, Service Provider and the City have mutually entered into a Weed Cutting & Rubbish Removal Agreement dated May 20, 2015 (the “Agreement”); and WHEREAS, the Service Provider has signed an Agreement renewal dated May 1, 2018, but did not furnish Workers’ Compensation Coverage; and WHEREAS, the Service Provider has no employees; NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises herein contained, the parties agree to waive Statutory Workers’ Compensation insurance requirements and incorporate into the Agreement Exhibit I – Certificate of Exemption from Statutory Workers’ Compensation Law and Acknowledgement of Risk/Hold Harmless Agreement. Except as expressly amended by this Amendment #1, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. In the event of a conflict between the terms of the Agreement and this Amendment #1, this Amendment #1 shall prevail. IN WITNESS WHEREOF, the parties have executed this Amendment #1 the day and year shown. CITY OF FORT COLLINS: A Municipal Corporation By: Gerry Paul Director of Purchasing Date: _____________________ FULLER LANDSCAPING, LLC By: Brian Fuller Date: _________________________ DocuSign Envelope ID: 44353014-7A48-468B-A33E-CD95FE76F68B 5/14/2018 5/14/2018 EXHIBIT I CERTIFICATE OF EXEMPTION FROM STATUTORY WORKERS’ COMPENSATION LAW AND ACKNOWLEDGEMENT OF RISK/HOLD HARMLESS AGREEMENT Fuller Landscaping, LLC certifies to the City of Fort Collins, Colorado (the “City”) that the aforementioned business has no employees as defined by the Workers’ Compensation Act of Colorado, C.R.S. §§ 8-40-101, et seq., (the “Act”) other than those owners, members, partners, directors or other principals that have elected to be exempt from Workers’ Compensation coverage in accordance with Colorado law. On behalf of said business and its officers, agents, insurers, heirs, legal representatives, successors and assigns (collectively the “Business”), I warrant that I have full authority to execute this Exhibit on behalf of the Business. I warrant I understand the requirements of the Act with respect to providing Workers’ Compensation coverage for any employees of the Business. If the Business’s status changes in such a manner that requires Workers’ Compensation Insurance, the Business shall provide the City with a Certificate of Insurance evidencing proof of Workers’ Compensation Insurance coverage and Employer’s Liability Insurance coverage as required by the Agreement. The Business shall provide such Certificate of Insurance prior to the employees’ start of work for the City. On behalf of the Business, I acknowledge the Business may be contracting to engage in activities that involve a risk of personal injury, that the Business is capable of performing the activities, and that the Business shall take all necessary precautions to prevent injury. The Business does hereby waive, release and forever discharge and hold harmless the City, its officers, employees, agents and insurers from any and all liability, damages, claims, causes of action and demands with respect to any bodily injury, personal injury, illness, or death that may result from the performance of the Agreement, either in law or equity, whether caused by the negligence or breach of contract of the City its officers, employees, agents and insurers or otherwise. The Business also understands that the City, its officers, employees, agents and insurers do not assume any responsibility for, or obligation to, provide the Business with financial assistance or other assistance, including but not limited to medical, health, or disability insurance in the event of any bodily injury, personal injury, illness or death The Business agrees to defend, indemnify, and hold harmless the City from any and all such claims. As an independent contractor, the Business acknowledges that neither the Business nor any person employed by or serving the Business is entitled to workers’ compensation benefits from the City. The Business hereby waives any rights or claims to workers’ compensation benefits from the City, and agrees to indemnify and hold the City harmless against any claims for such benefits by any officer, director, owner, employee, or servant of the Business or any other person claiming through the Business. By signing this Certificate, the Business acknowledges that it is responsible and liable for all work-related injuries, and further requests the City waive its requirement for evidence of Workers’ Compensation Insurance. DocuSign Envelope ID: 44353014-7A48-468B-A33E-CD95FE76F68B