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HomeMy WebLinkAboutresolution.council.075-09RESOLUTION # ~ S" (Series of 2009) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND STURGEON ELECTRIC COMPANY INC. SETTING FORTH THE TERMS AND CONDITIONS REGARDING CITY OF ASPEN EXPRESS FEEDER CONSTRUCTION AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and Sturgeon Electric Company Inc., a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section I That the City Council of the City of Aspen hereby approves that contract between the City of Aspen, Colorado, and Sturgeon Electric Company Inc. regarding City of Aspen Electric Feeder Construction a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated f~s0 ~~ I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held September 28, 2009. / ~~ Ka n S. Koch, City Clerk the CiN oipspen CONTRACT FOR CONSTRUCTION CirvpmorneV~ORice THIS AGREEMEN, made and entered into on SEPTEMBER 28, 2009, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City', and STURGEON ELECTRIC COMPANY, INC., hereinafter called the "Contractor". WHEREAS, the City has caused to be prepared, in accordance with the law, specifications and other Contract Documents for the work herein described, and has approved and adopted said documents, and has caused to be published, in the manner and for the time required by law, an advertisement, for the project: CITY OF ASPEN EXPRESS FEEDER, and, WHEREAS, the Contractor, in response to such advertisement, or in response to direct invitation, has submitted to the City, in the manner and at the time specified, a sealed Bid in accordance with the terms of said Invitation for Bids; and, WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the Bids submitted in response to the published Invitation for Bids therefore, and as a result of such canvass has determined and declared the Contractor to be the lowest responsible and responsive bidder for the said Work and has duly awarded to the Contractor a Contract For Construction therefore, for the sum or sums set forth herein; NOW, THEREFORE, in consideration of the payments and Contract for Construction herein mentioned: 1. The Contractor shall commence and complete the construction of the Work as fully described in the Contract Documents. 2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Work described herein. 3. The Contractor shall commence the work required by the Contract Documents within seven (7) consecutive calendar days after the date of "Notice To Proceed" and will complete the same by the date and time indicated in the Special Conditions unless the time is extended in accordance with appropriate provisions in the Contract Documents. 4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for a sum not to exceed Seven Hundred Fifty Seven Thousand Five Hundred Thirty Seven Dollars and Forty Eight Cents ($757,537.48) or as shown on the BID proposal. 5. The term "Contract Documents" means and includes the documents listed in the City of Aspen General Conditions to Contracts for Construction (version GC97-2) and in the CC1-971.doc Page 1 "CC1 Special Conditions. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here. 6. The City shall pay to the Contractor in the manner and at such time as set forth in the General Conditions, unless modified by the Special Conditions, such amounts as required by the Documents. 7. This Contract For Construction shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein or in the Contract Documents, this Contract For Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4-08-040. This agreement shall not be binding upon the City unless duly executed by the City Manager or the Mayor of the City of Aspen (or a duly authorized official in his/her absence) following a resolution of the Council of the City of Aspen authorizing the Mayor or City Manager (or a duly authorized official in his/her absence) to execute the same. 8. This agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Contractor respectively and their agents, representatives, employees. Successors, assigns, and legal representatives. Neither the City nor the Contractor shall have the right to assign, transfer or sublet his or her interest or obligations hereunder without the written consent of the other party. 9. This agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom the Contractor or the City may assign this Contract For Construction in accordance with the specific written consent, any rights to claim damages or to bring suit, action or other proceeding against either the City or the Contractor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 10. No waiver of default by either party of any terms, covenants or conditions hereof to be performed, kept and observed by the other parry shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 11. The parties agree that this Contract For Construction was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be kept exclusively in the courts of Pitkin County, Colorado. 12. In the event that legal action is necessary to enforce any of the provisions of this Contract for Construction, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 13. This Contract For Construction was reviewed and accepted through the mutual efforts of the parties hereto, and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of this Contract For Construction. ••cci 14. The undersigned representative of the Contractor, as an inducement to the City to execute this Contract For Construction, represents that he/she is an authorized representative of the Contractor for the purposes of executing this Contract For Construction and that he/she has full and complete authority to enter into this Contract For Construction for the terms and conditions specified herein. IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For Construction on the date first above written. ATT TED BY: ~, a RECOMMENDED FOR APPROVAL: ~~ City Engineering Department ATTESTED BY: CITY OF SPEN, COLORADO /~ Title: C ~ i`? APPROVED AS TO FORM: ,-= By: ~. City torney CONTRACTOR: B~ Robert E McDaniel TItIe:Vice President, Distribution West Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a partnership, the Contract shall be signed by a Principal and indicate title. Certification and Supplemental Conditions to Contract for Services - Conformance with ~8-17.5.101, et seq. Pur ose. During the 2006 Colorado legislative session, the Legislature passed House BiI106-1343 that added a new article 17.5 to Title 8 of the Colorado Revised Statutes entitled "Illegal Aliens -Public Contracts for Services." This new law prohibits all state agencies and political subdivisions, including the Cily of Aspen, from knowingly employing or contracting with an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly employs or contracts with an illegal alien to perform work under the contract. The new law also requires that all contracts for services include certain specific language as set forth in the statutes. This Certification and Supplemental Conditions has been designed to comply with the requirements of this new law. Applicability. The certification and supplemental conditions set forth herein shall be required to be executed by all persons having a public contract for services with the City of Aspen. Definitions. The following terms are defined in the new law and by [his reference are incorporated herein and in any contract for services entered into with the City of Aspen. "Basic Pilot Program" means the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security. "Contractor" means a person having a public contract for services with the City of Aspen "Public Contract for Services" means any type of agreement, regardless of what the agreement may be called, between the City of Aspen and a Contractor for the procurement of services. It specifically means the contract or agreement referenced below. "Services" means the famishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. PURSUANT TO SECTION 8-17.5-101, C.R.S., et. seq.: By signing this document, Contractor certifies and represents that at this time: (i) Contractor does not knowingly employ or contract with an illegal alien; and (ii) Contractor has participated or attempted to participate in the Basic Pilot Program in order to verify that it does not employ illegal aliens. The Public Contract for Services referenced below is hereby amended [o include the following terms and conditions: 1. Contractor shall no[ knowingly employ or contrail with an illegal alien to perform work under the Public Contract for Services. 2. Contractor shall not 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. 3. Contractor has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Contractor does not employ any illegal aliens; and if Contractor has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services, Contractor shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such application within five (5) days of the date of the Public Contract. Contractor shall continue to apply [o participate in the Federal Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Federal Basic Pilot Program is discontinued. 4. Contractor shall not use the Basic Pilot Program procedures to undertake pre-employment screening ofjob applicants while the Public Contract for Services is being performed. 5. If Contractor obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with an illegal alien, Contractor shall: (i) Notify such subcontractor and the City of Aspen within three days that 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 this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor shall not terminate the Public Contract for Services 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. 6. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Deparhnent of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. 7. If Contractor violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen azising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. Public Contract for Services: City of Aspen Express Feeder Contractor: St~ur~ge~o~n Electric Co_, Inc. BY: '-~ - Robert E. McDan' Title: Vice President Distribution West JPW-saved: 9/4/2009-867-M:\city\cityatty\contract\forms\certification - hb-06-1343.doc PROJECT NUMBER 2009-077 CITY OF ASPEN EXPRESS FEEDER Revised Bid September 15, 2009 Item 1: This is a labor only contract, Contractor will be paid under this schedule only. The total bid summary was calculated incorrectly in the contractor's bid. All modifications are based on unit prices furnished by the contractor. The attached spreadsheet indicates the proper required quantities as applied to the contractor's bid units. Bid Project Amount Water Plant Feeder $101,753.13 Castle Creek Energy $33,214.79 Center Aspen Recreation $230,287.67 Center Golf Course East $360,235.03 Total Labor Prices $725,490.62 The following tables are all unit quantities with descriptions of changes that are necessary for the current project requirements. These current project requirements are reflected in the 'Amendment 1' column of each table. The prices shown above are reflective of the changes made to complete this amendment. Definitions: NIA -Not Applicable Design Change - A change in the design of the project that necessitates a change in the bid-unit quantity. Take-Off Error - A bid-unit quantity error that was made by the contractor. Omission - A bid unit that was either left off of the original bid documents or had an error that required correction upon review of the contractor's bid. By Others - A bid unit that changed due to the fact that that part of the project is being completed in whole or in part by another party. Possible Adder-These numbers represent additional charges that may result from encountering certain conditions; such as very large rocks during trenching and digging. Item 2: Water Plant Feeder Unit Description of Chan a Bid Issue Quanti Sturgeon Bid Quanti Amendment 1 Quanti EXRC Desi n Chan e 1 0 0 U 40~ B Others 10.1 10.1 2.48 U 40-2 B Others 4.42 4.42 0.95 UR2-S 48"824" Desi n Chan e 0 0 1240 U 500 N/A 4.14 4.14 4.14 U 500 S N/A 33 33 33 U 500E N/A 6 6 6 U 1/0 Desi n Chan e 3 3 0.84 U 1/0 E NIA 15 15 15 UGRND Desi n Chan a 14 14 16 523 Vista N/A 1 1 1 OF N/A 5.5 5.5 5.5 UW N/A 1 1 1 XMFR-UG Desi n Chan e 1 1 2 UN Desi n Chan e 1 1 2 URV Desi n Chan a 11 11 2 UCV Desi n Chan e 2 2 1 Item 3: Castle Creek Enerav Center Unit Description of Chan a Bid Issue Quanti Sturgeon Bid Quanti Amendment 1 Quanti UR2-S 48"824" B Others 230 230 100 U 40-6 B Others 1.95 1.95 0 U 40-2 B Others 0.2 0.2 0 U 750 Desi n Chan a 0.33 0.33 0.59 U 750 S N/A 9 9 9 U 750E NIA 15 15 15 UGRND N/A 8 8 8 New XMFR N/A 3 3 3 UGRND Desi n Chan a 14 14 16 523 Vista N/A 1 1 1 Existin XMFR Desi n Chan e 1 1 0 UN N/A 1 1 1 UR-5 6 Omission 0 0 220 UR-5 2 Omission 0 0 110 URV Desi n Chan e 1 1 0 UCV B Others 1 1 0 UR2-R 48"824" Possible Adder 1 1 0 Item 4: Aspen Recreation Center Unit Description of Chan a Bid Issue Quanti Sturgeon Bid Quanti Amendment 1 Quanti UR2-S 48"&24" Omission 1.98 1.98 1770 UR2-R 48"&24" Possible Adder 1 0 0 U 40-6 N/A 3.66 3.66 3.66 U 40-2 N/A 1.95 1.95 1.95 UR-24 BORE N/A 200 200 200 U 500 NIA 5.88 5.88 5.88 U 500 S N/A 30 30 30 U 500E N/A 6 6 6 U 1/0 Desi n Chan e 1 1 0.3 U 1/0 E Desi n Chan e 8 8 4 New XMFR N/A 2 2 2 UGRND N/A 10 10 10 UR-5 6 Desi n Chan a 400 400 0 UR-5 2 Desi n Chan a 200 200 0 URV N/A 2 2 2 UCV Desi n Chan e 0 1 1 EXRC Desi n Chan e 2 0 0 OF N/A 6.15 6.15 6.15 U/I N/A 4.59 4.59 4.59 UTV Desi n Chan e 0 0 2 Item 5: Golf Course East Unit Description of Chan a Bid Issue Quanti Sturgeon Bid Quanti Amendment 1 Quanti UR2-S 48"&24" B Others 2200 2200 1325 UR2-R 48"&24" Possible Adder 1 0 0 U 40-6 Desi n Chan a 5.3 5.3 3.11 U 40-2 Desi n Chan a 2.6 2.6 1.6 U 40-3 Desi n Chan a 0.6 0.6 0.3 UR4-a Desi n Chan a 1370 1370 1030 UR4-c Desi n Chan a 645 645 0 U 750 N/A 14.66 14.66 14.66 U 750 S N/A 108 108 108 U 750E N/A 15 15 15 U 500E Desi n Chan e 6 6 0 U 1/0 Desi n Chan e 1 6 6 U 1/0 E Desi n Chan a 10 1 4 New XMFR Take-Off Error 2 10 2 Existin XMFR Desi n Chan e 2 2 0 UGRND Take-Off Error 36 2 36 422 Vista N/A 1 1 1 431 Vista NIA 1 1 1 OF NIA 14.5 14.5 14.5 U/I N/A 10.8 10.8 10.8 UR-5 6 Desi n Chan a 200 200 0 Unit Description of Chan a Bid Issue Quanti Sturgeon Bid Quanti Amendment 1 Quanti UR-5 2 Desi n Chan a 100 100 0 UW N/A 2 2 2 UN Omission 12 12 2 UCV N/A 3 3 3 UVX Possible Adder 16 16 0 URV Desi n Chan e 0 0 6 UR-24 BORE Omission 0 0 152 AFFIDAVIT OF COMPLIANCE PROJECT NUMBER: 2009-077 The undersigned contractor has read a copy of the Contract Documents including the construction plans, for this project and understands and hereby affirms that he/she does not now, nor will he/she in the future, violate the provisions of said Contract Documents, so long as he/she is under the Contract to the City of Aspen for the performance of a Contract. The undersigned further acknowledges he/she understands and agrees to all terms and conditions of the Aspen Municipal Code and its being part of the Contract with the City of Aspen. Attest: Corporate Seal STATE OF COLORADO COUNTY SS. Sturgeon Electric Co., Inc. Contractor B . Before me Susan K. Bachicha , a notary public and for Adams County, Colorado personally appeazed Rnharr F _ Mnnan; e1 known to me personally to be the person(s) whose signature(s) in my presence this 9 day of September , A.D. 2009. My commission expires: (Seaij n Notary Public 881-971.doc '861 CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF Colorado COUNTY OF Adams SS. On this 9 day of September , 2009, before me appeared Robert E. McDaniel , to me personally known, who, being by me first duly sworn, did Say that S/he Is vice President, Distribution West of Sturgeon Electric Co. , Inc. and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and said deponent acknowledged said instrument to be the free act and deed of said corporation. WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written. ~~- ~• _~ Notary Public 12150 E 112th Ave., Henderson Co 80640 Address My commission expires: CCY971.doc 09/11/09 ConfirmNet -> 13038537658 Pg 2/5 ACORDTN CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDDrvvvvl 09/11/09 1-630-]]3-3800 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PHDDUCER Arthur .]. Gallagher Aisk Management services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Two Pierce Place ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Itasca, IL 60143 NAIC# INSURERS AFFORDING COVERAGE Kate Ackext (63D) 694-516] _ INSURED MSURERA. 2nrich AmerScan Ins Co (A XVI 16535 Sturgeon Electric Company, Inc. IN9URER8. St Paul Pire fi Marine Ins Co (A• XV) ~. 24 ]67 12150 E. 112th Avenue INSURERC ~ _ _ M6U8LH0. Henderson, CO 80640 INSURERS y THE POLICIES OF INSURANCE LISTED BELOW NAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT WITH RES PCCT TO WHICH THIS CERTIFICATE MAV BC ISSUED OR ANV REQUIREMCNT , MAV PERTAIN, THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO PLL THE TERMS, E%CLUSIONS AND CONDITIONS OF S'JCH POLICIES. AGGREGATC LIMI IS SHOWN MAV HAVE BEEN REDUCED BV PAID CLAIMS. INSR DD'L POLICY NUMBER POLICY EFFECTIVE IDD/YY POLICY E%PIRATION '. LIMITS DATE M DIYY LTR NS TYP FINSURANLE DAT MM GL083 ]415414 09/30/06 09/30/09 (EACH OCCURRENCE 52, 000, 000 A GENERAUTABILITy -- OAFiAGC iDRENTE6 --- % COMMEHCAI GENERAL L'~A6UITV j 100, 000 ~PREMISE91Ea oc _ I X CIAIMS MADE u OC.COR ~ h1ED FXP (Any on pP ~ $6 000 ~ X ~%CU I.$ 20_00,000 (PERSONAL 6ACV IN.URY ~ GENERPI AGGREGATE 5 4,000,000 GATE LIMIT APPLIES PER. ~F GEN LACGRE PRODUCTS-CGMPIOP AGG 54,000,000 ~.. __ - .. I X PU FRO LOC JECT A 'AUTOMOBILE LIABILITY ', EAP83]416612 09/30/08 09/30/09 COMSWE09MGLE LIMN 52. 000, 000 ' . IEaarrieenJl AN~AUlO ~ - - ALL 0.INEG AUTCS DODLV NJUHY '', j ~ (Per perani ~, SCHCCULEO AUTOS i ~ ~ ~ JIHRI I; AUTOS ~ I ~ BOGILV INJURY j I (Pera^H09nt1 i l NON-CLAMED AUTOS - X Comp Ded $100, ODO ' ~ PROPERTY UAMAGE > ~ -" ' X Coll Ded $100,000 I (Per ectitlerU GARAGE LIABILITY AUTOONLV-EAACCIGENT $ i '~ AN -VI^ - OTHER THAN EA ACC~$ AUTO ONLY. AGG > K01201908 ' 09/30/05 EACH OCCURRENCE Ij10, 000,000 ~ 09/30/09 E ' exCESSUMeRELLA Upeluiy O X I OCCUR ClAIM9 MADE '. I ~ AGGREGATE j 10 ,000, 000 % RCTENI CN 510,000 5 A I WORKERS COMPENSATION ANO .WCR3]415312 (WIT 09/30/08 WC $TAIU CTH -- 09/30/09 X TORY LIMITS ER _ 1.- A ~i EmPLOVERS'LIA91uiY WC83]419212 (A/0/S) 09/30/08 09/30/09 EL EACH ACCIDENT '. jl 000, 000 AN'PF'JPRIETOF:PARTh FR'IXEGUTIVE ' OOO , 000OOD , 00 D PA FMPt CYEECYEE $1 ISFASL OFFICFF:MEM6ER EHCLLDEDI , . ~ t I C L D Ives ;:esaUO U:h~r y EL pISEASE-POLICY L'M'.f S1, 000, 000 EC,AL PRCVISCNS fielsa 16 OTHER I UtSCHI V I ION OF OPERA I IONS! LOCATIONS / VFXICLES I EACLUSIONS pUDE08Y ENUGHSEM[Ni /SPECIAL PROVISIONS Desc. of Sob: - City o£ Aspen Express Peeder City o£ Aspen is shown as an additional insured solely with respect to General Liability and Automobile Liability coverage as evidenced herein on a primary/non-contributory basis ae required by written contract with respect eo the work performed by the named insured. A waiver of subrogation is favor of City of Aspen is included under the General Liability and Workers Compensation coverage as evidenced herein ae required by written contract. A aeverabil ity o£ interest/cross sui is liability clause is included under the General Liability coverage as evidenced herein as required by written contract. GCKI Irll.Ml C KULUCK ~"^~---""-'" SH W LD ANY OF THE ASOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE E%PIftATION DAIL IXEREOF, THE ISSUING INSURER WILL ENUEAVOH IO MAIL 30 DAYB WNII TEN 1532 Cl ty Of Aapen NOTICE TO THE CERTIFlCATE HOLDER NAMED i0 THE LEFT, 8UT FAILURE i0 DO SO SMALL ACtn: Rebecca Hodg BOn IMPOSE NO 08LIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS DH 130 S. Galena S<. REPRESENTATIVES. Aspen, CO 81611 AUTHORILED REPRESEniaTrvE USA m - ~. n nnnon r`IIOOl1fJAT1(lAl 'I OAA ACORD 25 (2001/08) 7oamancl 13001021 09/11/09 ConfirmNet -> 13038537658 Pg 3/5 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certifcate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 09/11/09 ConfirmNet -> 13038537658 POLICY NUMBER: c[.oe3~alsnia Pg 4/5 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Locations Of Covered Operations 1532 City o£ Aapea fixpresa Feeder City o£ Aspen Information re wired to com lete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf:. in the performance of your ongoing operations for the additional insureds) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sionsapply: This insurance does not apply to "bodily injury" or "property damage" occurring affer: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service. maintenance or repairs) to be performed by or on behalf of the additional insureds) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 2010 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 ^ 09/11/D9 ConfirmNet -> POLICY NUMBER: cao63~alsala THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Addltlonal Insured Person(s) Or Or anization s : Location And Description Of Completed Opera- tlons City of Aspen Expieae Feeder 1532 City o£ Aspen 130 4. Galena St. Aspen CO 81611 Information re wired to com lete this Schedule, if not shown above, will be shown in the Declarations. 13038537658 Pg 5/5 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement pertormed for that additional insured and included in the "products- completedoperations hazard". CG 20 37 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 ^ 09/11/09 ConfirmNet -> 13038537658 Pg 2/2 -1 ACORN CERTiFICATE:OF PROPE RTY INSURANCE UATEIMM/D°IYY' 09/11/09 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER 1-s3D 993-33o O ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Ar<hur S. Gallagher Riek Management Services. Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Two Pierce Place COMPANIES AFFORDING COVERAGE Itasca, IL 60143 COMPANY A Firemane Fund Ina Co (A XV) Xa<e Ackert (630) 694-5169 INSURED I GOMPAN~ Sturgeon Electric Company, Inc. B CCMPPNY 12150 E. 112th Avenue C Henderson, CO 30640 CGMPANV D COVERAGES .,. ...: TIFY THAT THE POLICIES OF INSURANCE LIST ED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVL FOR THE POLICY PERIOU THIS IS TO CER TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT WITH RESPCCT TO WHICH THIS STANDING ANV REQUIREMENT , INDIf.ATED, NOTWITH THE INSURANCE ISSUED OR MAV PERTAIN AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, , CERTIFICATE MAV BE E%CLUSIONS ANJ CONDITIONS OF S'JCH POLICIES. LIMITS SHOWN MAV HAVE BEEN REDUCED BV PAID CLAIMS. LO ER POLICY EFFECTIVE POLICY E%PIRATION COVERED RtOPERTY LIMITS I TYPE OF INSURANCE POLICY NUMB nATE IMMN°IYYI °pTE IMMIUDIYYI LTR BUILDING I S ' PROPERTY ~ _ PERSONAL PROPERT" S ~CAUSES OF LCSS C BAS C BUSINESS INCCME $_ ~ EXTRA EXPCNSt ~ _ HHOAC ~ 61ANKET PUILOING $ SFEC.AL ~ RS PROP $ 'EARTHQUAKE 6LlWKET PE ' BLANHET BLDG&PP !5 FLCOC ~ $ MXI99909439 A ~wLArvD MARINE 09/30/08 09/30/09 X See Below S 2,500,000 i % Deductible '$ 100,000 IT"PE CF PCVCV I $ ' Property F10aCer ~ , ( $ I CiAUSC$CI-LOSS I $ I NAMED PEPoLS i I _ ~'$ " %OTHER All Riak $ CRIME I _- ~. I"PE CF PCI ICY r - I$ BOILERB MACHINERY I$ - $ OTHER ' I 5 I I $ $ LOCATION °F PREMISESIDESCRIPTION OF PROPERTY SPECIAL CONDPIONSIOTHER COVERAG Covered Property - Ma teria a of Others in the Care, Cua COdy and Control of the Named Insured Desc. of .Tab: - City of Aspen Express Feeder CERTIFICATE HOLDER ^ -CANCELLATWN SHWLD ANT OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOME lHE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 1532 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City O£ Aspen _ BUT FAILURE TO MAIL SUCH NOTICE SMALL IMPOSE NO DBLIGATION OR LIABILITY Attn: Rebecca Hodgeoa 130 S. Galena SC. OF ANY RIND UPON THE COMPANY, RS AGENTS OR REPRESENTATIVES. pUTHOR¢ED REPRESENTATIVE Aspen, CO 31611 m • E ~ ~~ -~~ I IISA W ~ ~O ACORD CORPORATION 1995 ACORD 24 (1/95) joamaael 13DO1o39