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HomeMy WebLinkAboutC12-152 Neils Lunceford Inc. Agreement AGREEMENT BETWEEN EAGLE COUNTY AND NEILS LUNCEFORD, INC THIS AGREEMENT is made this Y) day of , 2012, by and between Eagle County ( "County "), and, Neils Lunceford, Inc ( "Contractor "), a Col rado corporation with a principal place of business at 740 Blue River Parkway, Silverthorne, Colorado 80498. WHEREAS, County desires to restore and maintain the Xeriscape beds at the Eagle County Building (the "Facility "). WHEREAS, Contractor is authorized to do business in the State of Colorado, has experience and expertise necessary to provide said landscaping, equipment, product and/or services to County; and WHEREAS, County and Contractor intend by this Agreement to set forth the scope of the responsibilities of Contractor in connection with the materials, equipment and services and related terms and conditions to govern the relationship between Contractor and County in connection with this Agreement. NOW, THEREFORE, in consideration of the foregoing premises and the following promises, County and Contractor agree as follows: ARTICLE 1 WORK 1.1 Contractor agrees to procure the materials and equipment and provide all services, labor, personnel and materials to perform and complete the procurement and installation services set forth in Exhibit A and B (hereinafter "Services" or "Work ") which is attached hereto and incorporated by this reference. Contractor and will use its expertise and skill to perform the Services. In the event of any conflict between the contents .of this Agreement and Exhibit A and B, this Agreement shall control. The parties agree that County may self- perform certain work identified in Exhibit B and as a result, County's representative will communicate with Contractor which items on Exhibit B are to be performed by Contractor. The Contractor will also work with the Facilities Management Staff to adjust the sprinkler system to optimize the water needs of the beds. 1.2 County shall have the right to inspect all landscaping materials prior to acceptance. Inspection and acceptance shall not be unreasonably delayed or refused. In the event County does not accept the landscaping materials for any reason in its sole discretion, then Vendor shall upon County's request and at no charge or cost to County take the materials back and exchange them. ARTICLE 2 — COUNTY'S REPRESENTATIVE 2.1 The Facilities Management Department designee, shall be Contractor's contact with respect to this Agreement and the performance of the Services. ARTICLE 3 — TERM OF AGREEMENT 3.1 This Agreement shall commence upon execution of this Agreement by both parties, and, subject to the provisions of Article 11 hereof, shall continue in full force and effect until the Services are satisfactorily completed in accordance with the terms of this Agreement through November 15, 2012 or the end of the growing season. All guarantees or warranties shall survive termination. 3.2 The term of this Agreement may be extended for up to three additional one year terms upon written agreement of the parties. Further, the Agreement may be modified and the scope of Services may be changed upon a written amendment to this Agreement signed by both parties. 1 ARTICLE 4 — COMPENSATION 4.1 For the Services to be provided hereunder, County will pay Contractor the amounts provided in Exhibit A and B subject to a deduction on the contract price for those items on Exhibit B to be self - performed by County. The maximum amount of compensation under this Agreement shall not exceed eleven thousand three hundred sixty four ($11,364.00) without a signed amendment to the Agreement. 4.2 Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Contractor respecting the Services. The invoice shall include a description of services performed. Upon request, Contractor shall provide County with such other supporting information as County may request. 4.3 County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 4.4 Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to the County nor shall any payment be made to the Contractor in excess of the amount for any Services done without the written approval in accordance with a budget adopted by the Board in accordance with provisions of the Colorado Revised Statutes. Moreover, the parties agree that the County is a governmental entity and that all obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. ARTICLE 5 CONTRACTOR'S REPRESENTATIONS /WARRANTIES In order to induce County to enter into this Agreement, Contractor makes the following representations: 5.1 Contractor shall start the maintenance and restoration when the plants begin to sprout and the best temperatures have warmed enough to assure the best chance of plant survival. 5.2 Contractor has familiarized itself with the intended purpose and use of the materials, nature and extent of the Services to be provided hereunder, the Facility, and with all local conditions, and federal, state, and local laws, ordinances, rules and regulations that in any manner affect cost, progress, or performance of the Services. 5.3 Contractor will make, or cause to be made, examinations, investigations, and tests as he deems necessary for the performance of the Services. 5.4 To the extent possible, Contractor has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of this Agreement. 5.5 To the extent possible Contractor, has given County written notice of all conflicts, errors, or discrepancies that he has discovered in the Agreement. 5.6 Contractor will be responsible for provision of the Services and shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to Contractor's providing similar materials and Services. Further, in rendering the Services, Contractor shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision of its employees to ensure the Services are performed in accordance with this Agreement. 2 5.7 In addition to any specific guarantees required by this Agreement and any other documents related to this Agreement, Contractor promises the landscape materials and/or any equipment installed by Contractor will be new and promises to perform the Work in a workmanlike manner and guarantees all Work against defects in materials or workmanship for a period of one (1) year from date the Work is completed, or such longer peiod as may be provided by law or as may be included in the plans and specifications. 5.8 All guarantees and warranties of materials and/or equipment furnished to Contractor or subcontractors by any manufacturer or supplier are for the benefit of County. If any manufacturer or supplier of any materials and/or equipment furnishes a guarantee or warrantee for a period longer than one (1) year from the date the Work is completed, Contractor's guarantee shall extend for a like period as to such materials and/or equipment. 5.9 Contractor warrants that title to all Work and equipment and /or materials will pass to County either by incorporation into the Facility or upon the receipt of by Contractor of payment from County (whichever occurs first) free and clear of all liens, claims, security interests or encumbrances. Contractor further warrants that Contractor (or any other person performing Work covered by this Agreement) purchased all materials and/or equipment free and clear of all liens, claims, security interests or encumbrances. 5.10 Contractor assumes all risk of loss with respect to the materials and /or equipment until title to the materials and/or equipment passes from Contractor to County, at which time County shall assume all risk of loss with respect to the materials and/or equipment. Notwithstanding anything to the contrary herein, for purposes of this Section 5.10 title shall pass to County after Contractor has installed the materials and/or equipment and Owner has inspected and approved the materials and/or equipment as installed. 5.11 Within a reasonable time after receipt of written notice, Contractor shall correct at its own expense, without cost to County, and without interruption to County's occupancy: a) Any defects in materials or workmanship which existed prior to or during the period of any guarantee or warranty provided in this Agreement; and b) Any damage to other Work or property caused by such defects or the repairing of such defects. 5.12 Guarantees and warranties shall not be construed to modify or limit any rights or actions County may otherwise have against Contractor in law or in equity. 5.13 Warranties required by this Agreement shall commence on the date of completion of the Work and acceptance of the materials and/or equipment by County and shall terminate one (1) year after such date or such longer period as may be agreed to by the parties or as may be required by applicable law. ARTICLE 6 — ENTIRE AGREEMENT 6.1 This Agreement represents the entire Agreement between the parties hereto. There are no Contract Documents other than this Agreement and Exhibits A, B and C. The Agreement may only be altered, amended, or repealed in writing. ARTICLE 7 — MISCELLANEOUS 7.1 No assignment by a party hereto of any rights under, or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Agreement. 3 7.2 County and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements, and obligations contained in this Agreement. 7.3 Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29 -1 -101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7.4 Provision Mandated by C.R.S. § 8- 17.5 -101 et seq. PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES 7.4.1 If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. § 8- 17.5 -101, et seq., regarding Illegal Aliens — Public Contracts for Services, and this Contract. By execution of this Contract, Contractor certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Contractor will participate in the E- verify Program or other Department of Labor and Employment program ( "Department Program ") in order to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Contract. 7.4.2 Contractor shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or (ii) Enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. 7.4.3 Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in the E- verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E- verify program can be found at: http://www.dhs.gov/xprevprot/programs/gc_1185221678150.shtm 7.4.4 The Contractor shall not use either the E- verify program or other Department Program procedures to undertake pre - employment screening of job applicants while the public contract for services is being performed. 7.4.5 If the Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall be required to: (i) Notify the subcontractor and the County within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor 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. 4 7.4.6 The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. § 8- 17.5 - 102(5). 7.4.7 If a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, the Contractor shall be liable for actual and consequential damages to the County as required by law. 7.4.8 The County will notify the office of the Colorado Secretary of State if Contractor violates this provision of this Contract and the County terminates the Contract for such breach. 7.5 Invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provision was omitted. 7.6.1 Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any sub - consultant or sub - contractor agreements for the performance of any of the Services without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to perform the Work and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned. Contractor shall require each sub - consultant or sub - contractor, as approved by County and to the extent of the Services to be performed by the sub - consultant or sub - contractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. ARTICLE 8 - JURISDICTION AND VENUE: 8.1 This Agreement shall be interpreted in accordance with the laws of the State of Colorado and the parties hereby agree to submit to the jurisdiction of the courts thereof. Venue shall be in the Fifth Judicial District for the State of Colorado. 8.2 In the event of litigation between the parties hereto regarding the interpretation of this Agreement, or the obligations, duties or rights of the parties hereunder, or if suit otherwise is brought to recover damages for breach of this Agreement, or an action be brought for injunction or specific performance, then and in such events, the prevailing party shall recover all reasonable costs incurred with regard to such litigation, including reasonable attorney's fees. ARTICLE 9 - INDEMNIFICATION: 9.1 The Contractor shall indemnify and hold harmless County and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County or any of its officers, agents, or employees may become subject to, insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Contractor or any of its subcontractors hereunder; and Contractor shall reimburse County for any and all attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that the County is solely liable to such third party for such claims without regard to the involvement of the Contractor. 5 ARTICLE 10 - OWNERSHIP OF DOCUMENTS AND MATERIALS: 10.1 All documents (including electronic files) and materials which are obtained during, purchased or prepared in the performance of the Services shall remain the property of the County and are to be delivered to County before final payment is made to Contractor or upon earlier termination of this Agreement. ARTICLE 11 - TERMINATION: 11.1 County may terminate this Agreement, in whole or in part, for any reason, at any time, with or without cause. Any such termination shall be effected by delivery to Contractor of a written notice of termination specifying the date upon which termination becomes effective. In such event, Contractor shall be compensated for all Services satisfactorily completed up to the date of termination for such Services. ARTICLE 12 — NOTICE 12.1 Any notice required under this Agreement shall be personally delivered, mailed in the United States mail, first class postage prepaid, or sent via facsimile provided an original is also promptly delivered to the appropriate party at the following addresses: The County: Eagle County Facilities Management P.O. Box 850 Eagle, Colorado 81631 (970) 328 -8786 (p) (970) 328 -8899 (f) and a copy to: Eagle County Attorney P.O. Box 850 Eagle, Colorado 81631 (970) 328 -8685 (p) (970) 328 -8699 (f) The Contractor: Neils Lunceford, Inc P.O. Box 2130 Silverthome, Colorado 80498 (970) 468 -0340 (p) (970) 468 -6865 (f) 12.2 Notices shall be deemed given on the date of delivery; on the date a FAX is transmitted and confirmed received or, if transmitted after normal business hours, on the next business day after transmission, provided that a paper copy is mailed the same date; or three days after the date of deposit, first class postage prepaid, in an official depositary of the U.S. Postal Service. ARTICLE 13 — INDEPENDENT CONTRACTOR 13.1 It is expressly acknowledged and understood by the parties hereto that nothing contained in this Agreement shall result in, or be construed as establishing, an employment relationship between County and Contractor or County and Contractor's employees. Contractor and its employees shall be, and shall perform as, independent contractors. No officer, agent, subcontractor, employee, or servant of Contractor shall be, or shall be deemed to be, the employee, agent or servant of County. Contractor shall be solely and entirely responsible for the means and methods to carry out the Services under this Agreement and for Contractor's acts and for the 6 acts of its officers, agents, employees, and servants during the performance of this agreement. Neither Contractor nor its officers, agents, subcontractors, employees or servants may represent, act, purport to act or be deemed the agent, representative, employee or servant of County. ARTICLE 14 — INSURANCE REQUIREMENTS 14.1 At all times during the term of this Agreement, Contractor shall maintain insurance on its own behalf in the following minimum amounts: 14.1.1 Workmen's Compensation, disability benefits, and other similar employee benefit acts, with coverage and in amounts as required by the laws of the State of Colorado; 14.1.2 Comprehensive Automobile Insurance shall be carried in the amount of $1,000,000 for bodily injury and $1,000,000 for property damage, each occurrence. All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage form of policy. 14.1.3 Comprehensive liability and property damage insurance issued to and covering Contractor and any subcontractor with respect to all Work performed under this Agreement and shall also name County as an additional insured, in the following minimum amounts: Bodily Injury Liability: Each Person: $1,000,000 Each Accident or Occurrence: $1,000,000 Property Damage Liability: Each Accident or Occurrence: $1,000,000 14.2 Contractor shall purchase and maintain such insurance as required above and the certificate of insurance is attached hereto as Exhibit C. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. 7 1 COUNTY OF EAGLE, STATE OF COLORADO, by its County Manager By: l, /_ '—��� Keith Montag CONTRACTOR: NEILS LUNCEFORD, INC. By: Title: '`-i1 CONTRACTOR IS REQUIRED TO HAVE ITS SIGNATURE NOTARIZED STATE OF C c,J, ) ss. COUNTY OFm ) The oregoing inst en was acknowled ed before me by ' S - , of N ;u i s ncn4c thi ( day of 2012. ) My commission expir : 1 " t� "" 13 (2-- acsi , \, otary Pubh 8 Neils Lunceford, Inc 2012 Maintenance Proposal P.O. Box 2130 Silverthorne, CO 80498 Proposal Date: Wednesday, April 04, 2012 Phone: 970 468-0340 Fax 970 468 -6865 www.neilslunceford.com Billing Name /Address Project Name & Address Eagle Xeriscape Eagle Xeriscape 2012 Maintenance Ron Seibert 590 Broadway P.O. Box 850 / 590 Broadway Eagle Eagle CO 81631 'Maintenance Activity 1 (Quantity 1 (Total Cost I Foliar fertilize plants 3 $600.00 Prune trees and shrubs 1 $850.00 Spray for weeds in beds, rock areas and drip lines 2 $350.00 Weed control in planting beds, 120 hours budgeted for season. 120 $4,200.00 Preemergent Herbicide Application to beds for weed control, 2 $394.00 two applications; once in Spring and once in Summer Total $6,394.00 I Pre -pay and Save 5 %! Pay your full Maintenace budget by April 17 2012 and save 5 %. To prepay please remit by check $6,074.30 Please detach here and return this portion in the pre addressed envelope Project Name : Eagle Xeriscape 2012 Maintenance Proposal Date 4/4/2012 Maintenance budget for the 2012 season is $6,394.00 Please Enclosed is a check for $6,074.30 Maintenance PrePaid with 5% discount - Payment must be made by 4/1 select Enclosed is a check for $6,394.00 Maintenance PrePaid without discount - Payment made after 4/1 one Please bill me monthy for my maintenance tasks. I do not wish to pre -pay Please check one of the following, sign, date and return this portion in the pre - addressed stamped envelope. 1 I have read and agree to the functions to be performed at the above cost. I wish to revise my proposal. Please contact me by phone at for my revisions. 1 I do not wish to have you perform any maintenance at my home this year. Authorized Signature Authorized Name Date Local Contact Person Local Contact Phone# Email EXHIBIT IAM Neils Lunceford, Inc ' P.O. Box 2130 Silverthorne, CO 80498 Phone: 970 468 -0340 Fax 970 468 -6865 www.neilslunceford.com Landscape Proposal Eagle Xeriscape Ron Seibert Project: Eagle Xeriscape 2011 Restorati P.O. Box 850 / 590 Broadway 590 Broadway Eagle CO 81631 Eagle Proposal Description: Eagle Xeriscape 2011 Restoration Date: 8/18/2011 Plantings $4,970.00 Installation includes: plant material, planting labor, soil amendments, staking, fertilizer, delivery and tax. Some plant materials may be substituted due to size or species availability. 54 Grass, Asst. #1 $20.00 50 Perennials #1 $20.00 50 Perennials #1 $20.00 7 Perennials 4" / F15 $150.00 7 Perennials 4" / F15 $120.00 Irrigation $0.00 Irrigation work is not included in this proposal. Any irrigation work, if needed, will be done on a time and materials basis. TOTAL LANDSCAPE PROPOSAL COST: $4,970.00 Project: Eagle Xeriscape 2011 Restoration Proposal #: 7388 Page 1 of 4 Date Wednesday, August 24, 2011 Init EXHIBIT 1 .,,, Landscape Proposal Proposed By: Peter Alexander Accepted By: Eagle Xeriscape Date NOTE: * Performance bond fee is not included *. . - - -... ... - n * Assume access to work areas available to loader/backhoe size machinery for rock, soil and plant placement. If concrete and other hardscape work is completed prior to landscape work, care will be taken to protect this work, Contractor assumesoPresponsibility for damage or cracks to concrete or other work that may occur due to the weight of our equipment. * Standard one year warranty applies to plantings with a properly operating irrigation system. GENERAL CONTRACTOR OR OWNER TO: c -- - • .. ilifilsavalademigjwienutierwell. ■ - - - -- - - - - ing. Provide adequate access for unloading and storage of all landscape materials on site, adjacent to work areas e Provide protection of work after completion Provide elevations, shop drawings or layout of any kind Provide inspections, certification, permits and testing of any kind Sweeping exterior hardscape areas will be completed when our materials create disturbance. At completion of the project, exterior hardscape areas will be swept. i�ek�d'l'd! Project: Eagle Xeriscape 2011 Restoration Proposal #: 7388 Page 2 of 4 Date Wednesday, August 24, 2011 'nit Landscape Proposal SPECIFIC EXCLUSIONS: *point of connection for irrigation system *site furnishings *planter drains *concrete walkways or curbs *overtime *waterproofing or sealants of any kind *additional mobilizations *winter watering *large impediments over 1 foot in diameter Note - Installed plant materials will require aftercare during the first 2 -3 growing seasons at a minimum. Due to our harsh climate, and to insure the health and vigor of your new plants, maintenance items you should complete include: Deep root fertilization 2x per season, pruning, checking and adjusting staking, straps and wire, applying Wilt Pruf antitranspirant for winter protection of newly planted evergreens, checking for and spraying as necessary for disease and insects, and of course regular watering (2 -3x per week minimum). Activation, mid- season checks and deactivation of your irrigation system, if applicable would also be required. We can provide these services or products, but they are not included in this proposal.A prepayment of 50% of the total proposal is required prior to the initiation of landscape work. There is a one year guarantee on plant materials if an irrigation system exists and is working properly. Plant materials which are not properly maintained and or damaged through, but not limited to, neglect, vandalism, improper maintenance, insect or disease infestation or animals will void this guarantee. Neils Lunceford must maintain the site for at least the first growing season for the warranty to be valid. Public utility line locates including, but not limited to, electric and natural gas, high pressure gas, town water, sewer lines, telephone and cable will be scheduled prior to work commencing and will guide our digging locations. This may not prevent damage to your utilities. Neiloiseassiord - - • ge. Neils Lunceford will work with the Public utility authorities to get utility lines repaired as soon as possible. s. Private utility line locates including, but not limited to, water shutoffs, septic systems, electronic animal fences, security systems, low voltage or other lighting circuits shall be located by the client, marked by paint and communicated to each contractor. All efforts will be made to avoid those locations, but client will assume responsibility for these utility services. laitookliamMailaallpay t - - ..... .. _ _• fronwthernOtted O TERMS OF PAYMENT Project: Eagle Xeriscape 2011 Restoration Proposal #: 7388 Page 3 of 4 Date Wednesday, August 24, 2011 Init Landscape Proposal Your account must be paid -in -full within thirty(30) days of the invoice date. Interest charges of two percent (2 %) per month will be charged on all past -due balances and customer shall also pay all costs of collection including reasonable attorneys' fees and costs. Project: Eagle Xeriscape 2011 Restoration Proposal #: 7388 Page 4 of 4 Date Wednesday, August 24, 2011 Init -��....N OP ID: AC ACOREY DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 04/24/12 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 303 - 773 -1373 CONTACT NAME: Willis of Colorado -DIL 303- 773 -1685 PHONE FAX 2000 S Colorado Blvd #2 -900 (A/C, Lo, Eat): (A/C, No): Denver, CO 80222 PRODUCER John Wilson CUSTOMER ID #: NEILS -1 INSURER(S) AFFORDING COVERAGE NAIC # INSURED Neils Lunceford, Inc. INSURER A : United Fire Group 13021 Larry Lunceford INSURER B : Pinnacol Assurance 41190 PO Box 2130 Silverthorne, CO 80498 INSURERC: ENDURANCE SPECIALTY INS CO INSURER D : Lloyds of London B2094 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MM /DD/YYYY) (MM /DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X 60356326 02/01/12 02/01/13 PAMAGE S ( REN cuD 100,000 PREMISES (Ea occu rrence) $ CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 C ECC10101000601 02/01/12 02/01/13 PERSONAL & ADV INJURY $ 1,000,000 X POLLUTION LIAB. GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 POLICY PRO X IFfT LOC Pollution $ 1,000,000 AUTOMOBILE LIABILITY X COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A ANY AUTO 60356326 02/01/12 02/01/13 BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ X SCHEDULED AUTOS PROPERTY DAMAGE $ X HIRED AUTOS (Per accident) X NON -OWNED AUTOS comp $ 1,000 X Mobile Equipment coil $ 1,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $ 1 ,00 0 , 000 A 60356326 02/01/12 02/01/13 DEDUCTIBLE $ X RETENTION $ 10,000 $ WORKERS COMPENSATION WC STATU- S X ER OTH- AND EMPLOYERS' LIABILITY X TORY LIMIT Y B ANY PROPRIETOR /PARTNER /EXECUTIVE N N / A 4033972 10/01/11 10/01/12 E.L. EACH ACCIDENT $ 1,000,000 OFFICER /MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ D Professional Liabi S57001205 05/25/11 05/25/12 Prof Liab 1,000,000 A Lease /Rent Equip 60356326 02/01/12 02/01/13 Equip 450,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Landscape Contractor. Cert holder is named as on general liability and auto liability. CERTIFICATE HOLDER CANCELLATION EAGLECO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Eagle County Facilities ACCORDANCE WITH THE POLICY PROVISIONS. Management PO Box 850 AUTHORIZED REPRESENTATIVE �� �Q Eagle, CO 81631 ayv,tik_(-fr) a^� 1 © 1988-2009 ACORD CORPORA = it ��' � ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD C