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HomeMy WebLinkAbout532726 SAFEBUILT COLORADO LLC - CONTRACT - AGREEMENT MISC - SAFEBUILT COLORADO, LLCPage 1 of 9 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF FORT COLLINS, COLORADO AND SAFEbuilt COLORADO, LLC This Professional Services Agreement (“Agreement”), made and entered into the day and year set forth below, by and between the City of Fort Collins, Colorado, a municipal corporation (“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, in consideration of the mutual covenants and obligations herein expressed, and for other 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 in accordance with the List of Services and Fee Schedule, attached hereto as Exhibit “A”, consisting of two (2) pages, and incorporated herein by this reference. Consultant will perform Services in accordance with the Municipality’s adopted codes and Municipality’s 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. Consultant shall be solely responsible for performance of all duties hereunder. 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 the 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, subject to the satisfactory performance of Consultant’s obligations under this Agreement. 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 an initial twelve (12) month term of January 01, 2018 through December 31, 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 Consultant and mailed no later than ninety (90) days prior to contract end. DocuSign Envelope ID: 061A1F40-43C6-4865-BD53-AEAEF085D7EE Page 2 of 9 6. TERMINATION Either party may terminate 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, subject only to the satisfactory performance of the Consultant’s obligations under this Agreement. Such payment shall be the Consultant’s sole right and remedy for such 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 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. Consultant shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Consultant, and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. Except for Section 10, Indemnification the Municipality’s sole remedy and Consultant’s sole obligation in the event of failure to perform Services in accordance with the terms of this Section 9 shall be re-performance of the services by Consultant. If Consultant fails to perform the Services in accordance with the terms of this Section 9 a second time, the Municipality shall have all remedies available under this Agreement and otherwise available at law. 10. INDEMNIFICATION To the fullest extent permitted by law, Consultant shall defend, 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 with respect to any third party claim (“Claim(s)”) to the extent that any such injury, loss or damage is caused by the negligence of or material breach of any obligation under this Agreement by Consultant or any officer, employee, representative, or agent of Consultant. To the extent allowable by law and without waiver of sovereign immunity, 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 with respect to Claims to the extent that any such injury, loss or damage is caused by the negligence or material breach of duty obligation under this Agreement by 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 DocuSign Envelope ID: 061A1F40-43C6-4865-BD53-AEAEF085D7EE Page 3 of 9 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, C.R.S. §§ 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 may not subcontract any of the Services set forth in Exhibit A without the prior written consent of the Municipality, which shall not be unreasonably withheld. If any of the Services are subcontracted hereunder (with the consent of the City), Consultant remains responsible for any subcontractor’s performance or failure to perform. The subcontractors must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work. The subcontractors will be required to comply with all applicable terms of this Agreement and the 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. No subcontract will create any contractual relationship between any such subcontractor and the City, nor will it obligate the City pay or see to the payment of any subcontractor. The work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Consultant. 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. Consultant 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 for Commercial General Liability and Vehicle Liability insurance. DocuSign Envelope ID: 061A1F40-43C6-4865-BD53-AEAEF085D7EE Page 4 of 9 H. Prior to commencement of the Services, Consultant shall submit certificates of insurance acceptable to the Municipality. 13. CITY REPRESENTATIVE The City will designate, prior to commencement of 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. 14. 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. 15. THIRD PARTY RELIANCE This Agreement is intended for the mutual benefit of the Parties hereto and no third party rights are intended or implied. 16. 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 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. 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. DocuSign Envelope ID: 061A1F40-43C6-4865-BD53-AEAEF085D7EE Page 5 of 9 18. PROHIBITION AGAINST EMPLOYING ILLEGAL ALIENS: Pursuant to Section 8-17.5-101, C.R.S., et. seq., Consultant represents and agrees that: A. As of the date of this Agreement: 1. Consultant does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Consultant 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. Consultant 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. Consultant 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 Consultant obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Consultant shall: 1. Notify such subcontractor and the City within three days that 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 notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that 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 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 Consultant 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, Consultant shall be liable for actual and consequential damages to the City arising out of Consultant’s violation of Subsection 8-17.5-102, C.R.S. G. The City will notify the Office of the Secretary of State if Consultant violates this provision of this Agreement and the City terminates the Agreement for such breach. 19. 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 Thomas P. Wilkas, CFO SAFEbuilt, LLC 3755 Precision Drive, Suite 140 Loveland, CO 80538 20. FORCE MAJEURE Any delay or nonperformance of any provision of this Agreement by either Party (with the exception of payment obligations) which is caused by events beyond the reasonable control of such party, shall not DocuSign Envelope ID: 061A1F40-43C6-4865-BD53-AEAEF085D7EE Page 6 of 9 constitute a breach of this Agreement, and the time for performance of such provision, if any, shall be deemed to be extended for a period equal to the duration of the conditions preventing such performance. 21. 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 hereof. 22. 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; (b) treat the Agreement as continuing and require specific performance (ie re-performance of the services) in accordance with Section 9; 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. 23. 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. 24. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Parties represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind the Parties to the performance of their obligations hereunder. This Agreement 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. 25. GOVERNING LAW AND VENUE 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, without regard to its conflict of laws provisions. 26. 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. 27. WAIVER Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. 28. ENTIRE AGREEMENT 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 DocuSign Envelope ID: 061A1F40-43C6-4865-BD53-AEAEF085D7EE Page 7 of 9 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 ________________________________ ______________________________ Gerry Paul, Purchasing Director Signature Date: Name: _________________________ Title: ___________________________ Date: _________/_________/________ ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney II DocuSign Envelope ID: 061A1F40-43C6-4865-BD53-AEAEF085D7EE 4/12/2018 CFO 4/12/2018 Thomas P. Wilkas Page 8 of 9 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 DocuSign Envelope ID: 061A1F40-43C6-4865-BD53-AEAEF085D7EE Page 9 of 9 3. FEE STRUCTURE Services will be performed at the following all-inclusive rates: Supplemental Plan Review Fee Schedule: Plan Review Services 70% of Municipality plan review fee Review of changes to approved plans $100.00 per hour Project Support Fee Schedule: Plan Review 90% of Municipality plan review fee Inspection 90% of Municipality building permit fee Review of changes to approved plans $100.00 per hour 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% DocuSign Envelope ID: 061A1F40-43C6-4865-BD53-AEAEF085D7EE ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: PHONE FAX (A/C, No, Ext): (A/C, No): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- LOC JECT PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD FORM NUMBER: EFFECTIVE DATE: The ACORD name and logo are registered marks of ACORD ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE FORM TITLE: Page of THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01) AGENCY CUSTOMER ID: LOC #: AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE © 2008 ACORD CORPORATION. All rights reserved. RBN Insurance Services SAFELLC-01 SEE PAGE 1 1 SEE PAGE 1 ACORD 25 Certificate of Liability Insurance 0 SEE P 1 SAFEbuilt Holding Company SAFEbuilt, LLC (See Attached) 3755 Precision Drive, Ste 140 Loveland, CO 80538 SEE PAGE 1 LNORTZ 1 Named Insureds (continued): SAFEbuilt Arizona, LLC SAFEbuilt Carolinas, LLC SAFEbuilt Colorado, LLC SAFEbuilt Florida, LLC SAFEbuilt Georgia, LLC SAFEbuilt Illinois, LLC SAFEbuilt Louisiana, LLC SAFEbuilt New Mexico, LLC SAFEbuilt Ohio, LLC SAFEbuilt Oregon, LLC SAFEbuilt Texas, LLC SAFEbuilt Michigan, LLC SAFEbuilt Washington, LLC SAFEbuilt Wisconsin, LLC LSL Planning, LLC Meritage Systems, Inc. If required by a written contract, the following forms apply on a blanket basis. General Liability: Form HG0001 09 16 Additional Insureds; Primary and Non-contributory; Waiver of Transfer of Rights of Recovery Against Others to Us Auto Liability: HA9916 0312 Commercial Automobile Broad Form Endorsement includes Additional Insureds and Waiver of Subrogation Workers Compensation: WC 00 03 13 Waiver Of Our Right to Recover from Others DocuSign Envelope ID: 061A1F40-43C6-4865-BD53-AEAEF085D7EE INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD LNORTZ 03/29/2018 SAFELLC-01 C CH17EXC885600IV B 83UENPY9100 D 83WECE0623 A 83UENZV3951 E TER 317-77-89 1,000,000 1,000,000 1,000,000 0 10,000,000 10,000,000 2,000,000 1,000,000 2,000,000 10,000 300,000 1,000,000 1,000,000 X X X X X X X X X X 10/03/2017 10/03/2018 10/03/2017 10/03/2018 10/03/2017 10/03/2018 05/12/2017 05/12/2018 10/03/2017 10/03/2018 City of Fort Collins is an Additional Insured as respects General Liability as required by a written contract or written agreement. RBN Insurance Services 303 E Wacker Dr. Suite 650 Chicago, IL 60601 (312) 856-9400 (312) 856-9425 City of Fort Collins City Hall West 300 LaPorte Avenue Fort Collins, CO 80521 SAFEbuilt Holding Company SAFEbuilt, LLC (See Attached) 3755 Precision Drive, Ste 140 Loveland, CO 80538 Hartford Acc. & Indemnity Co. Prop & Casu Ins Co of Hartford Navigators Insurance Company Hartford Fire Insurance Co. Great American E&S Ins. Co. 37532 22357 34690 19682 42307 Professional Liab Each Claim/Aggregate 5,000,000 DocuSign Envelope ID: 061A1F40-43C6-4865-BD53-AEAEF085D7EE