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HomeMy WebLinkAboutresolution.council.045-12 (, RESOLUTION # (Series of 2012) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT FOR INSTALLATION OF WATER BOTTLE FILLING STATIONS BETWEEN THE CITY OF ASPEN AND EXCAVATION SERVICES AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for installation of water bottle filling stations, between the City of Aspen and Excavation Services, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for installation of water bottle stations, between the City of Aspen and Excavation Services a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 14th day of May 2012. ichael C. Ireland, Mayor 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, May 14, 2012. L /Ld Kath n S. Koch, City Clerk j �1 /lid , fy 1 CONTRACT FOR CONSTRUCTION (Short Form) THIS CONTRACT, made and entered into on May 14,2012, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and EXCAVATION SERVICES, hereinafter called the"Contractor". THEREFORE, in consideration of the mutual covenants and Contracts herein contained, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged,the parties hereto hereby agree as follows: 1. Construction of Project. Contractor agrees to furnish all labor, materials, tools,, machinery, equipment, temporary utilities, transportation and any other facilities needed-therefore, and to complete in a good, workmanlike and substantial manner the Project as described in the Scope of Work and/or Proposal appended hereto as Exhibit "A"which is incorporated herein as if fully set forth (the"Project"). 2. Plans and Specifications; Compliance with Laws. The Project is to be constructed and completed in strict conformance with the Scope of Work and/or Proposal appended hereto for the same approved in writing by the parties hereto. The Project shall also be constructed and completed in strict compliance with all laws, ordinances, rules, regulations of all applicable governmental authorities, and the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4- 08-040. Contractor shall apply for and obtain all required permits and licenses and shall pay all fees therefor and all other fees required by such governmental authorities. 3. Payments to Contractor. In consideration-of the covenants and Contracts herein contained being performed and kept by Contractor, including the supplying of all labor, materials and services required by this Contract, and the construction and completion of the Project, City agrees to pay Contractor a sum not to exceed THIRTY FOUR THOUSAND SIX HUNDRED ($34,600.00) DOLLARS or as shown on Exhibit"A". 4. Commencement and Completion. Contractor agrees to commence work hereunder immediately upon execution hereof, to prosecute said work thereafter diligently and continuously to completion, and in any and all events to substantially complete the same not later than Junel, 2012, subject to such delays as are permissible under the "Extension of Time for Completion"section of this��Contract. CC5-97I.doc Page:1 5. Payment of Bills and Charges. Contractor shall pay promptly all valid bills and charges for material, labor, machinery, equipment or any other service or facility used in connection with or arising out of the Project, and shall obtain periodic releases from all subcontractors and material suppliers supplying labor or materials to the Project concurrently with Contractor's delivering any payment to such subcontractors and material suppliers. Contractor shall indemnify and hold City and City's officers, employees, agents, successors and assigns free and harmless against all expenses and liability suffered or incurred in connection with the claims of any such subcontractors or material suppliers, including but not limited to court costs and attorney's fees resulting or arising therefrom; provided that Contractor shall be excused from this obligation to the extent that City is in arrears in making the payments to Contractor. Should any liens or claims of lien be filed of record against the Property, or should Contractor receive notice of any unpaid bill or charge in connection with construction of the Project, Contractor shall immediately either pay and discharge the same and cause the same to be released of record, or shall furnish City with the proper indemnity either by title policy or by corporate surety bond in the amount of 150% of the amount claimed pursuant to such lien. 6. Releases. Contractor shall, if requested by City, before being entitled to receive any payment due, furnish to City all releases obtained from subcontractors and material suppliers and copies of all bills paid to such date, properly receipted and identified, covering work done and the materials furnished to the Project and showing an expenditure.of an amount not less than the total of all previous payments made hereunder by City to Contractor. 7. Hierarchy of Project Documents. This Contract and the Proposal or Scope of Work appended hereto as Exhibit "A" are intended to supplement one another. In case of conflict, however, this Contract shall control both. 8. Changes in the Work. Should the City at any time during the progress of the work request any modifications, alterations or deviations in, additions to, or omissions from this Contract or the Proposal/Scope of Work, it shall be at liberty to do so, and the same shall in no way affect or make void this Contract; but the amount thereof shall be amortized over the remaining term of this Contract and added to or deducted, as the case may be, from the payments set forth in Paragraph 3 above by a fair and reasonable valuation, based upon the actual cost of labor and materials. This Contract shall be deemed to be completed when the work is finished in accordance with the original Proposal or Scope of Work as amended or modified by such changes, whatever may be the nature or the extent thereof. The rule of practice to be observed in fulfillment of this paragraph shall be that, upon the demand of either City or Contractor, the character and valuation of any or all changes, omissions or extra work shall be agreed upon and fixed in writing, signed by City and Contractor, prior to performance. 9. Contractor's Failure to Perform. Should Contractor, at any time during the progress of the work, refuse or fail to supply sufficient material or workmen for the CC5-971.doc Page:2 expeditious progress of said work or fail to perform any other provisions of this Contract, City may, upon giving notice in writing to Contractor as provided herein and upon Contractor's failure to remedy any such failure within 3 days from receipt of such notice, terminate this Contract and provide the necessary material and workmen to finish the work and may enter upon the Property for such purpose and complete said work. The expense thereof shall be deducted from the payments remaining under Paragraph 3 above, or if the total cost of the work to City exceeds the amount of such remaining payments, Contractor shall pay to City upon demand the amount of such excess in addition to any and all other damages to which City may be entitled. In the event of such termination, City may take possession of all materials, equipment and appliances belonging to Contractor upon or adjacent to the Property upon which said work is being performed and may use the same in the completion of said work. Such termination shall not prejudice or be exclusive of any other legal rights which City may have against Contractor. 10. Extension of Time for Completion. Time is of the essence of this Contract and Contractor shall substantially complete the work during the time provided for herein. However, the time during which Contractor is delayed in said work by (a)the acts of City or its agents or employees or those claiming under Contract with or permission from City, or (b) the acts of God which Contractor could not have reasonably foreseen and provided against, or (c) unanticipated stormy or inclement weather which necessarily delays the work, or (d) any strikes, boycotts or obstructive actions by employees or labor organizations and which are beyond the control of Contractor and which it cannot reasonably overcome, or (e) the failure of City to make progress payments promptly, shall be added to the time for completion of the work by a fair and reasonable allowance. Contractor recognizes, however, that the site of the work is in the Rocky Mountains at a high elevation where inclement whether conditions are common. This fact has been considered by Contractor in preparing its Proposal and or agreeing to the Scope of Work. Furthermore, Contractor shall have the right to stop work if any payment, including payment for extra work, is not made to Contractor as provided in this Contract. In the event of such nonpayment, Contractor may keep the job idle until all payments then due are received. 11. Unforeseen Conditions. It is understood and agreed that Contractor, before incurring any other expenses or purchasing any other materials for the Project, shall proceed to inspect the work site and all visible conditions and that if at the time of inspection therefor, the Contractor finds that the proposed work is at variance with the conditions indicated by the Proposal, Scope of Work, or information supplied by City, or should Contractor encounter physical conditions below the surface of the ground of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract or inherent in a work site located in the Rocky Mountains, Contractor shall so notify City, and City shall at that time have the right and option to immediately cancel and terminate this Contract or to instruct Contractor to continue the work and add the additional amount attributable to such unforeseen conditions to the payments due Contractor as set forth above. CC5-97I.doc Page:3 It is agreed that in the event of any cancellation by City in accordance with this section, Contractor shall be paid the actual costs of the work done prior to the time of cancellation. In computing such costs, building permit fees, insurance and such financing and title charges as are not refundable shall be included; provided that supervision time, office overhead and profit shall not be included in such costs to be refunded to Contractor by reason of such cancellation. 12. Acceptance by City. No payment hereunder nor occupancy of said improvements or any part thereof shall be construed as an acceptance of any work done up to the time of such payment or occupancy, but the entire work is to be subject to the inspection and approval of City at the time when Contractor notifies City that the Project has been completed. 13. Notice of Completion; Contractor's Release. City agrees to sign and file of record within five (5) days after the substantial completion and acceptance of the Project a Notice of Completion. If City fails to so record the Notice of Completion within said five (5) day period, City hereby appoints Contractor as City's agent to sign and record such Notice of Completion on City's behalf. This agency is irrevocable and is an agency coupled with an interest. Contractor agrees upon receipt of final payment to release the Project and property from any and all claims that may have accrued against the same by reason of said construction. If Contractor faithfully performs the obligations of this Contract on its part to be performed, it shall have the right to refuse to permit occupancy of any structures by City or City's assignees or agents until the Notice of Completion has been recorded and Contractor has received the payment, if any, due hereunder at completion of construction, less such amounts as may be retained pursuant to mutual Contract of City and Contractor under the provisions of Paragraph 3 above. 14. Insurance. a. The Contractor agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Contractor pursuant to the terms of this Contract. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Contractor shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to the terms of this Contract by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. b. Contractor shall procure and maintain, and shall cause any subcontractor of the Contractor to procure and maintain, the minimum insurance coverages listed in the Supplemental Conditions. If the Supplemental Conditions do not set forth minimum insurance coverage, then the minimum coverage shall be as set forth below. Such coverage shall be procured and maintained with forms and insurance acceptable to City. All coverage shall be continuously maintained to cover all liability, claims, demands, and other CC5-971.doc Page:•4 obligations assumed by the Contractor pursuant to the terms of this Contract. In the case of any claims-made policy,the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. 1. Workmen's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Workmen's Compensation requirements of this paragraph. 2. Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interests provision. 3. Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate with respect to each Contractor's owned, hired and non-owned vehicles assigned to or used in performance of the services. The policy shall contain a severability of interests provision.If the Contractor has no owned automobiles, the requirements of this Section 5.4.2.3 shall be met by each employee of the Contractor providing services to the City under this contract. c. Except for any Contractor Liability insurance that may be required, the policy or policies required above shall be endorsed to include the City of Aspen and the City of Aspen's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City of Aspen, its officers or employees, or carried by or provided through any insurance pool of the City of Aspen, shall be excess and not contributory insurance to that provided by Contractor. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Contractor shall be solely responsible for any deductible losses under any policy required above. d. The certificate of insurance provided to the City of Aspen shall be completed by the Contractor's insurance agent as evidence that policies providing the required coverage, conditions, and minimum limits are in full force and effect, and shall be CC5-97 1.doc Page:5 reviewed and approved by the City of Aspen prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverage afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City of Aspen. e. In addition, these Certificates of Insurance shall contain the following clauses: Underwriters and issuers shall have no right of recovery or subrogation against the City of Aspen, it being the intention of the parties that the insurance policies so effected shall protect all parties and be primary coverage for any and all losses covered by the above-described insurance. To the extent that the City's insurer(s) may become liable for secondary or excess coverage, the City's underwriters and insurers shall have no right of recovery or subrogation against the Contractor. The insurance companies issuing the policy or policies shall have no recourse against the City of Aspen for payment of any premiums or for assessments under any form of policy. Any and all deductibles in the above-described insurance policies shall be assumed by and be for the amount of, and at the sole risk of the Proposer. Location of operations shall be: "All operations and locations at which work in connection with the referenced project is done." Certificates of Insurance for all renewal policies shall be delivered to the Architect at least fifteen (15) days prior to a policy's expiration date except for any policy expiring on the expiration date of this Contract or thereafter. e. Failure on the part of the Contractor to procure or maintain policies providing the required coverage, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith. All moneys so paid by City shall be repaid by Contractor to City upon demand, or City may offset the cost of the premiums against moneys due to Contractor from City. f. City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. 15. Damage or Destruction. If the Project is destroyed or damaged by any accident or disaster, such as fire, storm, flood, landslide, earthquake, subsidence, theft or vandalism, any work done by Contractor in rebuilding or restoring the work shall be paid for by City as extra work under Paragraph 8 above. If, however, the estimated cost of CC5-97I.doc Page:6 replacement of the work already completed by Contractor exceeds twenty (20%) percent of the insured sum set forth in Paragraph 14 above, City shall have the option to cancel this Contract and, in such event, Contractor shall be paid the reasonable cost, including net profit to Contractor in the amount of ten (10%) percent, of all work performed by Contractor before such cancellation. 16. Notices. Any notice which any party is required or may desire to give to any other party shall be in writing and may be personally delivered or given or made by United States mail addressed as follows: To City: City of Aspen 130 S. Galena Street Aspen, CO 81611 To Contractor: Excavation Services PO Box 11159 Carbondale, CO 81623 subject to the right of either party to designate a different address for itself by notice similarly given. Any notice so given, delivered or made by United States mail, shall be deemed to have been given the same day as transmitted by telecopier or delivered personally, one day after consignment to overnight courier service such as Federal Express, or two days after the deposit in the United States mail as registered or certified matter, addressed as above provided, with postage thereon fully prepaid. 19. Inspections; Warranties. (a) Contractor shall conduct an inspection of the Project prior to final acceptance of the work with City. (b) Contractor shall schedule and cause to be performed all corrective activities necessitated as a result of any deficiencies noted on the final inspection prior to acceptance. The costs of material and/or labor incurred in connection with such corrective activities shall not be reimbursed or otherwise paid to Contractor. (c) Contractor shall obtain, at City's expense, third party warranty contracts (to be entered into by City). CC5-971.doc Page:7 20. Licensure of Contractor. Contractor hereby represents and warrants to City that Contractor is duly licensed as a general contractor in the State of Colorado, and if applicable, in the County of Pitkin. 21. Independent Contractor. It is expressly acknowledged and understood by the parties that nothing in this Contract shall result in, or be construed as establishing an employment relationship. The Contractor shall be, and shall perform as, an independent the Contractor who agrees to use his best efforts to provide the Work on behalf of the City. No agent, employee, or servant of the Contractor shall be, or shall be deemed to be, the employee, agent or servant of the City. The City is interested only in the results obtained under the Contract Documents. The manner and means of conducting the Work are under the sole control of the Contractor. None of the benefits provided by the City to its employees including, but not limited to, worker's compensation insurance and unemployment insurance, are available from the City to the employees, agents or servants of the Contractor. The Contractor shall be solely and entirely responsible for its acts and for the acts of the Contractor's agents, employees, servants and subcontractors during the performance of the Contract. THE CONTRACTOR, AS AN INDEPENDENT CONTRACTOR, SHALL NOT BE ENTITLED TO WORKERS' COMPENSATION BENEFITS AND SHALL BE OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONEYS EARNED PURSUANT TO THE CONTRACT. 22. Assignment. This Contract is for the personal services of Contractor. Contractor shall not transfer or assign this Contract or its rights and responsibilities under this Contract nor subcontract to others its rights and responsibilities under this Contract, and any attempt to do so shall be void and constitute a material breach of this Contract. 23. Successors and Assigns. Subject to paragraph 22, above, this Contract shall be binding on, and shall inure to the benefit of, City and Contractor and their respective successors and assigns. 24. Entire Contract. This Contract contains the entire Contract between City and Contractor respecting the matters set forth herein and supersedes all prior Contracts between City and Contractor respecting such matters. 25. Waivers. No waiver by City or Contractor of any default by the other or of any event, circumstance or condition permitting either to terminate this Contract shall constitute a waiver of any other default or other such event, circumstance or condition, whether of the same or of any other nature or type and whether preceding, concurrent or succeeding; and no failure or delay by either City or Contractor to exercise any right arising by reason of any default by the other shall prevent the exercise of such right while the defaulting party continues in default, and no waiver of any default shall operate as a waiver of any other default or as a modification of this Contract. CC5-971.doc Page:8 26. Remedies Non-Exclusive. No remedy conferred on either party to this Contract shall be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy. 27. Governing Law. This Contract shall be governed by, and construed in accordance with, the laws of the State of Colorado. Venue for any action at law or equity shall be Pitkin County. 28. Attorneys' Fees. If either party to this Contract shall institute any action or proceeding to enforce any right, remedy or provision contained in this Contract, the prevailing party in such action shall be entitled to receive its attorneys' fees in connection with such action from the non-prevailing party. 29. Severability. Any provision in this Contract which is held to be inoperative, unenforceable or invalid shall be inoperative, unenforceable or invalid without affecting the remaining provisions, and to this end the provisions of this Contract are declared to be severable. 30. Nondiscrimination. During the performance of this Contract, the Contractor agrees as follows: The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, marital status, sexual orientation, being handicapped, a disadvantaged person, or a disabled or Viet Nam era veteran. The Contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, national origin, sex, age, sexual orientation, handicapped, a disadvantaged person, or a disabled or Viet Nam era veteran. 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 Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 31. Prohibited Interest. No member, officer, or employee of the City of Aspen, Pitkin County or the Town of Snowmass Village shall have any interest, direct or indirect, in this Contract or the proceeds thereof. 32. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflict of Interest: a. The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an Contract or understanding for a commission, percentage, brokerage, or contingency fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. CC5-971.doc Page:9 b. The Contractor agrees not to give any employee or former employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter,pertaining to this Contract or to any solicitation or proposal therefor. c. It shall be a material breach of the Contract for any payment, gratuity, or offer of employment to be made by or on behalf of a Subcontractor under a contract to the prime Contractor or higher tier Subcontractor or any person associated therewith, as an inducement for the award of a Subcontract or order. The Contractor is prohibited from inducing, by any means, any person employed under this Contract to give up any part of the compensation to which he/she is otherwise entitled. The Contractor shall comply with all applicable local, state and federal "anti-kickback" statutes or regulations. 33. Payments Subject to Annual Appropriations. If the contract awarded extends beyond the calendar year, nothing herein shall be construed as an obligation by the City beyond any amounts that may be, from time to time, appropriated by the City on an annual basis. It is understood that payment under any contract is conditional upon annual appropriation of funds by said governing body and that before providing services, the Contractor, if it so requests, will be advised as to the status of funds appropriated for services or materials and shall not be obligated to provide services or materials for which funds have not been appropriate. 34. Illegal Aliens—CRS 8-17.5-101 & 24-76.5-101. a. Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new statutes relating to the employment of and contracting with illegal aliens. These new laws prohibit all state agencies and political subdivisions, including the City of Aspen, from knowingly hiring an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly hires with an illegal alien to perform work under the contract. The new laws also require that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new law. b. Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the City of Aspen. b. Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the City of Aspen. CC5-971.doc Page:10 "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. "Public Contract for Services" means this Agreement. "Services" means the furnishing 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. c. 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. d. Contractor hereby certifies that: (i) Contractor shall not knowingly employ or contract new employees without confirming the employment eligibility of all such employees hired for employment in the United States under the Public Contract for Services. (ii) Contractor shall not enter into a contract with a subcontractor that fails to confirm to the Contractor that the subcontractor shall not knowingly hire new employees without confirming their employment eligibility for employment in the United States under the Public Contract for Services. (iii) Contractor has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Contractor does not employ any new employees who are not eligible for employment in the United States; 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 to 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 CC5-971.doc Page: H is earlier. The requirements of this section shall not be required or effective if the Federal Basic Pilot Program is discontinued. (iv) Contractor shall not use the Basic Pilot Program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. (v) If Contractor obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with a new employee who is an illegal alien, Contractor shall: (1) Notify such subcontractor and the City of Aspen within three days that Contractor has actual knowledge that the subcontractor has newly employed or contracted 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 new employee who is an 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. (vi) 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 Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. (vii) 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 arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. (ix) If Contractor operates as a sole proprietor, Contractor hereby swears or affirms under penalty of perjury that the Contractor (1) is a citizen of the United States or otherwise lawfully present in the United States pursuant to federal law,(2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall produce one of the forms of CC5-971.doc Page:12 identification required by CRS 24-76.5-103 prior to the effective date of this Agreement. IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For Construction on the date first above written. ATT r STEED BY: CITY OF ASPEN COLORADO A./�/1 _� ;� ., By: d � d � Title: L_ IILA0 APPROVED AS TO FORM: By: ��L �_ ity Attorney ATTESTED BY: CONTRACTOR: J By: Jr' /p/t. e.g.;6444)74 Title: 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. CC5-971.doc Page: 13 CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF 2do &cLo ) SS. COUNTY OF '� `ek ) On this 1-141` day of -11/(61- , 2012, before me appeared (b.vV T+c5 - , to me personally killown, who, being by me first duly sworn, did say that s/he is of elcc uG-h,,ev, ,+¢v;c�, kvkL 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. 742://&-e- Notary Public "Mi Guy-ex .eAA, �c.a It- � 04 p` C0 g r (401 J Address My commission expires: .7 123/10 i3 • 0. . A. Of 03r' CC5-971.doc Page: 14 BID PROPOSAL FORM PROJECT NO. : 2012-056 BID DATE: April 30,2012 PROJECT: Installation of Water Bottle Filling Stations PROPOSAL SUBMITTED BY: Excavation Services Inc CONTRACTOR CONTRACTOR'S PROPOSAL TO: The Governing Body of the City of Aspen,Colorado The undersigned responsible bidder declares and stipulates that this proposal is made in good faith, without collusion or connection with any other person or persons bidding for the same work, and that it is made in pursuance of and subject to all the terms and conditions of the advertisement for bid, the invitation to bid and request for bid,all the requirements of the bid documents including the plans and specifications for this bid, all of which have been read and examined prior to signature. The bidder agrees to keep this bid open for Sixty (60) consecutive calendar days from the date of bid opening. The Contractor agrees that construction shall start immediately following a mandatory pre-construction conference held by the Engineering Department, which also constitutes the Notice to Proceed. Submission - of this proposal will be taken by the City of Aspen as a binding covenant that the Contractor will finish construction within the time specified in the Special Conditions of this contract document. The City of Aspen reserves the right to make the award on the basis of the bid deemed most favorable to the City,to waive any informalities or to reject any or all bids. The City shall not pay the Contractor for defective work and/or for repairs or additional work required for successful completion of the project. All work not specifically set forth as a pay item in the bid form shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be included in the prices bid for the various items of work. Prices shall include all costs in connection with furnishing the proper and success completion of the work,including furnishing all materials,equipment and tools,and performing all labor and supervision to fully complete the work to the City's satisfaction. Poor quality and workmanship shall not be paid for by the City. Such work product must be removed immediately and replaced properly at no cost to the City. All quantities stipulated in the bid form at unit prices are approximate and are to be used only as a basis for estimating the probable cost of work and for the purpose of comparing the bids submitted to the City. The basis of payment shall be the actual amount of materials furnished and work done. The Contractor agrees to make no claims for damages,anticipated profit,or otherwise on account of any differences between the BP1-971.doc • `BPI Page Contractors Initials amount of work actually performed and materials actually furnished and the estimated amount of work. The City reserves the right to increase or decrease the amount of work to be done on the basis of the bid unit price and up to plus or minus Twenty Five(25)Percent of the total bid. By signing this document, Contractor certifies and represents that at this time: (i) Professional shall confirm the employment eligibility of all employees who are newly hired for employment in the United States; and (ii)Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that it does not employ illegal aliens. I hereby acknowledge receipt of ADDENDUM(s)numbered 0 through ESTIMATED QUANTITY LIST Koch Lumber Park UNIT BID ITEM DESCRIPTION UNIT QUANTITY PRICE COST Mobilization LS $500.00 $500.00 Bedding&backfill LS $3500.00 $3500.00 Install water station LS $5500.00 $5500.00 Meter&backflow prevention LS $800.00 $800.00 Replace asphalt&curb&gutter LS $3500.00 $3500.00 Landscaping(To be done by COA) $ $ $ $ $ $ $ $ $ $ $13,800.00 TOTAL BID IN NUMBERS: $13,800.00 Total Bid in Words: Thirteen thousand Eight hundred dollars & 00/100 BP1-971.doc `BPI Page Contractor's Initials Francis Whitaker Park UNIT BID ITEM DESCRIPTION UNIT QUANTITY PRICE COST Mobilization LS $500.00 $500.00 Bedding&backfill LS $3500.00 $3500.00 Install water station LS $5500.00 $5500.00 Meter&backflow prevention LS $800.00 $800.00 Replace asphalt&curb&gutter LS $3500.00 $3500.00 Landscaping(To be done by COA) $ $ $ $ $. $ $ $ $ TOTAL BID IN NUMBERS:13,800.00 Total Bid in Words: Thirteen thousand Eight hundred dollars & 00/100 City of Aspen Golf Course UNIT BID ITEM DESCRIPTION UNIT QUANTITY PRICE COST Mobilization LS $300.00 $300.00 Bedding&backfill LS $2500.00 $2500.00 Install curb valve LS $2500.00 $2500.00 Replace asphalt&curb&gutter LS $1000.00 $1000.00 Landscaping LS $700.00 $700.00 $ $ $ $ $ $ TOTAL BID IN NUMBERS: $ 7,000.00 Total Bid in Words: Seven thousand dollars & 00/100 BP1-971.doc *BP1 dpi Contractors Initials I acknowledge that in submitting this bid it is understood that the right to reject any and all bids has been reserved by the owner. Authorized Officer: Troy Buster , Title: President Full name signature: Company address: PO Box 11 59 Carbondale Co 81623 Telephone number: 963-8355 Email Address: troyna,excavationservices.biz Attested by: // ��Gt� ti BP1-971.doc *BPI Contractor's Initials Subcontractor & Material Supplier List Name: GJ Pipe ,Phone#: 963-5700 Address: Carbondale Service or Product: pipe supplies Name: ,Phone#: Address: Service or Product: Name: ,Phone#: Address: . Service or Product: Name: ,Phone#: Address: Service or Product: Name: , Phone#: Address: Service or Product: • BP1-971.doc *BP1 / a Contr is Initials LIQUIDATED DAMAGES for FAILURE TO COMPLETE THE WORK ON TIME The undersigned contractor declares his/her full awareness of the content and terms of this contract and affirms that the contractual time is the period mentioned in the contract Specifications plus the time extension(s), if any, granted by the City of Aspen for successful completion of project. The undersigned contractor further acknowledges he/she understands and agrees to liquidated damages to be deducted from moneys due to him/her for any delayed calendar day beyond the total time at the rate of$100.00 per day . This amount and the total allowed time by the City shall not be negotiable under any conditions. Attest: •Corporate Seal 1 � .� Contractor By: i 410ta►r STATE OF COLORADO ) SS. COUNTY ) Before me I , I; , a notary public and for Q( - County, Colorado personally appeared ' known to me personally to be the person(s) whose signature(s) in my presence this �f day of -That, , A.D. 2012. My commission expires: 1(2-312-01 (Seal) .'"`g. sT.,,, � `�,;.•••••�!9,,y° Notary Public• . fai I RY . s. '' A_�.�.� ,o= Cj .or LII-971.doc. .A:� PU `� i A` *LD1 ,TF OF CO ynuunu v Bond No. S9145602 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS:That we,the undersigned,as, Excavation Services, Inc. having a legal business Wrinworet mine) addrtss?_*.t P.O. Box 1159,Carbondale,CO 81623 a Corporation as Principal,hereinafter called°Principal°,and parponimo11,Panneferltp,Or M MMOuaD Washington International Insurance Company (mama at 5u 475 N. Martingale Rd.,Ste.,850, Schaumburg, IL 60173 purare s Gramm a corporation organized under the laws of the State of New Hampshire ,and qualified to transact business In the St:.ite of Colorado,hereinafter called°Surety°, are held and firmly bound unto the City of Aspen,a Colorado home rule municipality,as Obligee, hereinafter malted"City',In the amount of: Thirty Four Thousand Six Hundred Dollars and No Cents ($34,600.00 ) in lawful money of the United States for payment whereof Principal and Surety bind themselves, their heirs, executors, adminis.ators,successors and assigns,jointly and severally,firmly unto these present WHEREAS,Principal has by written agreement dated May 14 ,2012 entered into a,;antract with City for * in accordance with the Contract Documents which Contract Documents is by reference made a part hereof,and Is hereinafter referred to as the Contract NOW,THEREFORE, if Principal shall welt,truly and faithfully perform its duties,all the undertakings, covenants,terms, conditions and agreements of said Contract during the original term thereof,and any extensions thereof which may be grant: by the City,with or without notice to the Surety and during the guaranty period, and If Principal shall satisfy all claims and demands Incurred under such Contract,and shall fully indemnify and save harmless City from all costs and damages which It may suffer by reason of failure to do so,and shall reimburse and repay the City all outlay and expense which the City may incur in making good any default, then this Obligation shall be void; otherwise It shall remain in full force and effect The Surety hereby waives notice of any alteration or a ension of time made by the City. When°,a,r Principal shall be, and declared by City to be in default under the Contract,the City having performed City's obligation hereunder,the Surety may promptly remedy the default or shall promptly. (1) Complete the Contract in accordance with its terms and conditions,or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, If the City elects, upon determination by the City and Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and City, and make available as work progresses(even though there should be a default or succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price, including other costs and damages for which the Surety may be liable hereunder,the amount set forth In the first paragraph hereof.The berm"balance of the Contract price" as used In this paragraph,shall mean the total amount payable by City to Principal under the Contract and any amendments thereto,less the amount properly paid by City to Principal. (3) Any contract or succession of contracts entered into hereunder for the completion of the Contract,shall also be subject to this bond as part of the original Contract obligations. • This bond is intended to be in satisfaction of, and in addition to, the bond required pursuant to Section 38-26-106, C.R.S.,as amended. Installation of Water Bottle Filling Stations CC1-971.doc Page 134 '"CC1 This bond, as a penalty and Indemnification bond, shall also entitle City to recover as part of the completion of the Contract or the payment of any labor or material costs hereunder, actual and consequential damages, liquidated and unllquldated damages, costs, reasonable attomeys fees and expert witness fees, Including,without limiitations, the fees of engineering or architectural consultants. Surety, for value received, hereby stipulates and agrees that to Indemnify and save harmless the City to the extent of any and all payments In connection with the carrying out of the contract which the City may be required to make under the taw by any reason of such failure or default of the Principal. Further, Surety and Principal shall protect, defend, indemnify and save harmless the City's officers, agents, servants, and employees from and against all claims and actions and all expenses Incidental to the defense of such claims or actions, based upon or arising out of injuries or death of persons or damage to property caused by, or sustained in connection with,this Contract by conditions created thereby, and on request of the City will assume the defense of any claim or action brought against the City. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the`C_sty named herein or the employees,agents,administrators or successors of City. • • Y SIGNED AND SEALED this 14th day Ma J 2e12 PRINCIPAL'. Excavation Services, Inc. (seaA cietx.„ a By: �.._ i Attest Trtle: •AMI Ffirk SURETY: Washington International Insurance Company �j (seal) By: _ !'_ 1 Attest t/�^" Tide Ashley K. Bryan ttorney-in-Fact Andrew Walters / Witness ' -- NOTE:Accompany this bond with certified copy of General Power of Attorney from the Surety to include the date of the bond.(Date of Bond must not be prior to date of Contract)if Principal is Partnership,all partners should execute Bond. • CC1.971.dac Page 135 "CC1 Bond No. S9145602 PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS:That we,the undersigned,as, Excavation Services, Inc. LN having a legal business w' n2 address at P.O. Box 1159,Carbondale,CO 81623 ralr ap rsmatssa a Corporation ,as Principal, hereinafter called°Principal ,and (CQpwatan,Patthashep,a Inamw aq o Washington International Insurance Company (Suety*Nara) 475 N.Martingale Rd.,Ste.,850,Schaumburg, IL 60173 A (Sump Adams) a corporation organized under the laws of the State of, New Hampshire , and qualified to transact business in the State of Colorado, hereinafter called"Surety", are held and firmly bound unto the City of Aspen,a Colorado home rule municipality,as Obligee,hereinafter called"City",in the amount of: Thirty Four Thousand Six Hundred Dollars and No Cents ($34,600.00 ),in lawful money of the United States for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators,successors and assigns,jointly and severally,firmly unto these present WHEREAS,Principal has by written agreement dated May 14 2012,entered into a contract with the City for a project entitled: Installation of Water Bottle Filling Stations (project no.2012-056 in accordance with the Contract Documents which Contract Documents is by reference made a part hereof, and is hereinafter referred to as the Contract NOW THEREFORE,THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants hereinafter defined,for all labor and material used or reasonably requiried for the use in the performance of the Contract, then this obligation shall be void; otherwise It shall remain In full force and effect, subject, however, to the following conditions: 1. A Claimant is defined as having a direct contract with the Principal or with subcontractor of the Principal for labor, material, or both, used or reasonably required for the performance of the Contract, labor and material being consti„,:1 to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment directly applicable to the Contract 2. The above-name Principal and Surety hereby jointly and severally agree with the City that every claimant as herein defined who has not been paid in full before the expiration of ninety(90)days after the date on which the last of such claimant's work or labor was done or performed or materials were furnished by such claimant, may sue on this bond for use of such sums as may be justly due claimant, and have execution thereon.The City shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall commence hereunder by any claimant (a) Unless claimant, other than one having a direct contract with the Principal shall have given written notice to any of the following:The Principal, the City, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor,or furnished the last of the material for which said claim is made, stating with substantial accuracy the amount daimed and the name of the party to whom the materials were furnished, or for whom the work of labor was done or performed. Such notice shall be served by mailing the same registered mall or certified mall, postage prepaid,in an envelope addressed to the Principal, City or Surety,at any place where an office Is regularly maintained for the transaction of business,or served in any manner in which legal process may be served in the State of Colorado. CC1-971.dac Page 136 °cc7 (b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, however, that If any limitation embodied in this Bond is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state of competent jurisdiction in and for the County of Piticin, State of Colorado. 4. The amount of this Band shall be reduced to the extent of any payment or payment made hereunder, inclusive of the payment by surety of liens or claims which may be filed of record against the improvement(s),whether or not claim for the amount of such Tien be presented under and against this Bond. 5. This Bond Is intended to be in satisfaction of, and in addition to. the bond required pursuant to Section 38- 26-105,C.RS.,as amended. 6. No final settlement between the City and Principal shall abridge the right of any:benEfiaary hereunder,- whose claim may be unsatisfied. : • SIGNED AND SEALED this 14th day of May 2012 PRINCIPAL' Excavation Services, Inc. seal) By: / Attest • r- Z - tl Trtle: SURELY: WIshington International Insurance Company (seal) 8y l�e 1 (3(,: Attest 00,-, - P Ashley K. Bryant/A to ey-in-Fact ( Andrew Walters /Witness • NOTE: Accompany this bond with certified copy of General Power of Attorney from the Surety Company to Include the date of the bond. (Date of Bond must not be prior to date of Contract). If Principal is a Partnership, all partners should execute Bond. • CC1-971.doc Page 137 '"CC1 Bond No. S9145602 MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS,That we,the undersigned,as Excavation Services,Inc. of P.O.Box 1159,Carbondale,CO 81623 as Principal, hereinafter referred to as"Principal",and Washington International Insurance Company a corporation organized under the laws of the State of New Hampshire ,and qualified to transact business in the State of Colorado,as"Surety"are held and firmly bound unto the City of Aspen,Colorado,as obligee, hereinafter referred to as"City,'in the penal sum at Thirty Four Thousand Six Hundred Dollars and No Cents Dollars ($ 34,600.00 ), lawful money of the United States of America,for the Payment of which sum,well and truly to be made to the City,we bind ourselves,and our heirs,executors,administrators,successors,and assignees, jointly and severally,by these presents: WHEREAS,said Principal has entered into a written Contract with the obligee dated _ May 14 2012 ,for furnishing all equipment,labor,tools and materials fon Installation of Water Bottle Filling Stations in accordance with detailed plans and specifications on file In the office of the City Clerk of said City,a copy of which Contract Is attached hereto and made a part hereof. NOW THEREFORE,The conditions of the foregoing obligations are such that if the said Principal shall well and truly perform all the covenants and conditions of this Contract on the part of said Principal to be performed,and repair or replace all defects for a period of two year(s)as provided herein,and protect and save harmless the City of Aspen, Colorado,from all loss and damages to life or property suffered or sustained by any person,firm or corporation,caused by said Principal or his agents or his employees,in the performance of said work,or by,or in consequence of any negligence, carelessness,or misconduct in guarding and protecting same,or from any Improper or defective equipment or materials used in the work,or other damages,costs and expenses and set forth In such Contracts,then this obligation shall.be void otherwise to remain In full force and effect in law. This Bond guarantees that the material and equipment furnished and used,and workmanship employed In the performance of the work described in this Contract will be of such character and quality as to insure it to be free from all defects and in continuous good order and in a condition satisfactory to the Governing Body of the City of Aspen for a period of two year(s)from the date of the issuance of the Certificate of Completion. This Bond guarantees that the said Principal will keep and maintain the subject work without additional charge or cost to the City of a period specified,and make such repairs or replacement of any defective construction as the City may deem necessary. CC1311.doc Page 13B '"CC1 The said Principal shall not be required to maintain any part of the improvement under this guarantee which, after its. completion and acceptance shall have been removed or altered by the City or its agent. SIGNED AND SEALED this 14th day cif May 20 z 2 PRINCIPAL: Excay. '.n Sew.,In./ l) By: , Ai �,._ , Attest i),-,, — 3 - .pm 9 or SURETY: Washington International Insurance Company (seal) By. �■!14 ___. k - e .._ Ate G� p r'`� Title: Ashley K.Bryant/A tor ey-in-Fact , Andrew Walters /Witness (Accompany this bond with certified copy of General Power of Attorney from the Surety Company to include the date of the bond.) CC1 971.doc Page 139 "CC1 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire.and having its principal office in the City of Manchester.New Hampshire.and Washington International Insurance Company.a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City oi' Schaumburg,Illinois.each does hereby make,constitute and appoint: TIMOTHY J.BLANCHARD,ANDREW P,WALTERS. ANITA C.KELLER and ASHLEY K.BRYANT JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact,to make.execute,seal and deliver,for and on its behalfand as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies.as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION(550,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24th of March,2000: "RESOLVED.that any two of the Presidents,any Managing Director,any Senior Vice President.any Vice President,any Assistant Vice President. the Secretary or any Assistant Secretary be.and each or any 0i-them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety.and that each or any aril= hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company: and it is FURTHER RESOLVED.that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate hearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." `Qt�MI T.1.14,� Kto.. a ii ae °Wes QC�'.NPOii;'�4 i 01,;!tir0 A: i By — •tP RIrFG y ?• SEAL ra Sies en P.Anderson,President&Chief Exceatiie Officer or Washington International Insurance Compan) SEAL 'g 2i 2 iT�?y 1(i� m� &Senior Vice President of Korth American Specials Imanote Company o: In a 4�bpN* ` gip f mn111i1 Hy .rcr� kv f Dasld M.I.a_svuo,Senior Vice President or 1%mliMgton International insurance Company latio"" &Viet President of North American Specialty Ignorance Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 14th___day of September ,2011 North American Specialty Insurance Company Washington international Insurance Company State of Illinois County of Cook ss: On this 14th day of September :20 II I ,before mc,a Notary Public personally appeared Steven P.Anderson ,President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman. Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company. personally known to me,who being by me duly sworn.acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to he the voluntary act and deed of their respective companies. OFFICIAL SEAL 0 JILL NELSON MARY t IC•STATECr LOOS D.Jill Nelson,Notary Public YT0OI411651001 EXP 12 I. James A.Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. r IN WITNESS WHEREOF,I have set my hand and affixed the seals ofthe Companies this 14 day of May •2012 • homes A Carpenter.Vice President&Assisans Secreur of Washington Iniemttronaf Insurance Company& Noah Amman Specialty Insurance Company • Client#: 123526 EXCASERV2 ACORD.M CERTIFICATE OF LIABILITY INSURANCE DATE(MM/°DIYYYY) 5/03/2012 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 CONTACT Catherine Sommers NAME: HUB International Ins Svcs Inc PHONE 970 245-8011 FAX 866 908-6374 (A/C,No,Ext): (A/C,No): 2742 Crossroads Blvd ADDRESS: catherine.sommers @hubinternational.com Grand Junction,CO 81506 INSURER(S)AFFORDING COVERAGE NAIC# 888 245-8011 INSURER A:Bituminous Insurance Companies INSURED INSURER B:Pinnacol Assurance Company 41190 Excavation Services Inc INSURER C: 226 N 12th Street INSURER D: PO Box 1159 INSURER E: Carbondale,CO 81623 INSURER F CA Resident License#0757776 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 INSR WVD POLICY NUMBER (MM/DDY/YYYY) (MM/DDY/YYYY) LIMITS A GENERAL LIABILITY X X CLP3569932 05/02/2012 05/02/2013 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occur°nce) $100,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $5,000 X PD Ded:1,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 7 POLICY X JECT LOC $ A AUTOMOBILE LIABILITY X X CAP3569933 05/02/2012 05/02/2013(E°aocideDtSINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS (Per accident) _ A X UMBRELLA LIAB X OCCUR CUP2592216 05/02/2012 05/02/2013 EACH OCCURRENCE $2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 DED X RETENTION$10,000 $ B WORKERS COMPENSATION X 4071488 07/01/2011 07/01/2012 X TOCRYTLIMTS FORH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? Y N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Re: Installation of Water Bottle Filling Stations. The City of Aspen,its officers and employees are additional insured as regards general liability and auto liability. General Liability coverage is primary& non-contributory. Waiver of Subrogation in favor of the additional insured as regards general liability, automobile liability and workers compensation. CERTIFICATE HOLDER CANCELLATION City of Aspen SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y P THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 130 S Galena St ACCORDANCE WITH THE POLICY PROVISIONS. Aspen,CO 81611 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1664574/M1658095 CSO4 Internatf'. al The certificate of insurance we have issued on your behalf has changed from previous forms. ACORD,the insurance industry standards leader for Forms,updated the Certificate of Insurance Form 25 in May 2011. Regulations require that agencies use current versions of ACORD. The new form is different from previous versions regarding the"notice of cancellation"clause provided to the certificate holder. Why was this change necessary? • To align the certificate with the policy contract. Cancellation provisions are rights under the policy and are not voluntary provisions that we can alter. Policy forms must be approved by the state department of insurance by law. We are often asked to alter the certificate, or to issue proprietary certificates provided by the certificate requestor. However,there are a number of reasons we are unable to comply with these requests: • ACORD forms are copyrighted,and can only be used in the ways permitted by their licensing agreement,which states that they cannot be used after new forms have been released. • Any document that promises a policy right is considered a policy form. Policy forms must be approved by the state department of insurance by law. • Notice of cancellation is a policy right,not an unregulated service.No insurer shown on this certificate is able to provide the cancellation notice you desire by endorsement. For example,the insured can cancel immediately,so it would be impossible for the insurer to give you the notice you request. State law also grants the insurer the right to cancel for reasons such as nonpayment with less notice than you require. • Knowing that we cannot give notice under certain circumstances, giving a certificate promising notice would consist of misrepresentation or fraud,which could subject our agency and staff to civil and criminal penalties. • Our insurance company contracts only allow us to issue unaltered ACORD forms. Many proprietary certificates include broad,vague,or ambiguous language that may or may not be in compliance with state laws,regulations,and insurance department directives. Therefore,we cannot issue any proprietary certificates that have not been reviewed by our state insurance department. We appreciate your understanding of the legal restrictions on our ability to comply with your request. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LAND IMPROVEMENT CONTRACTORS EXTENDED LIABILITY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM It is agreed that the provisions listed below apply only upon the entry of an © in the box next to the caption of such provision. A. Exl Partnership and Joint Venture Extension M. ®Construction Project General Aggregate Limits B. bd Contractors Automatic Additional Insured N. x Fellow Employee Coverage Coverage—Ongoing Operations 0. Property Damage to the Named Insured's Work C. [x J Automatic Waiver of Subrogation P. lid Care,Custody or Control D. a Extended Notice of Cancellation,Nonrenewal Q. Lid Electronic Data Liability Coverage E. x Unintentional Failure to Disclose Hazards R. ®Consolidated Insurance Program Residual F. ® Broadened Mobile Equipment Liability Coverage G. IT Personal and Advertising Injury-Contractual S. 1 x 1 Automatic Additional Insureds—Managers or Coverage Lessors of Premises H. x Nonemployment Discrimination T. ICJ Automatic Additional Insureds—State or Governmental Agency or Political Subdivisions— I. I x l Liquor Liability Permits or Authorizations J. 1 N(Broadened Conditions U. ® Contractors Automatic Additional Insured Coverage—Completed Operations K. Lxi Automatic Additional Insureds—Equipment � Leases V. L_.°J Additional Insured—Engineers, Architects or Surveyors L. © Insured Contract Extension-Railroad Property and Construction Contracts A. PARTNERSHIP AND JOINT VENTURE EXTENSION The following provision is added to SECTION II-WHO IS AN INSURED: The last full paragraph which reads as follows: No person or organization is an insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations is deleted and replaced with the following: With respect to the conduct of any past or present joint venture or partnership not shown as a Named Insured in the Declarations and of which you are or were a partner or member, you are an insured, but only with respect to liability arising out of"your work"on behalf of any partnership or joint venture not shown as a Named Insured in the Declarations, provided no other similar liability insurance is available to you for "your work" in connection with your interest in such partnership or joint venture. GL-3088 (09/11) -1- B. CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE—ONGOING OPERATIONS SECTION II —WHO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy, 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 insured(s)at the project(s)designated in the written contract. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to"bodily injury"or"property damage"occurring after: 1. All work, including materials, parts or equipment 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 insured(s)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 intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s)which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. C. AUTOMATIC WAIVER OF SUBROGATION Item 8. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, is deleted and replaced with the following: 8. Transfer of Rights of Recovery Against Others to Us and Automatic Waiver of Subrogation. a. If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair those rights. At our request,the insured will bring"suit"or transfer those rights to us and help us enforce them. b. If required by a written contract executed prior to loss, we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of"your work"for that person or organization. D. EXTENDED NOTICE OF CANCELLATION, NONRENEWAL Item A.2.b. of the COMMON POLICY CONDITIONS, is deleted and replaced with the following: A.2.b. 60 days before the effective date of the cancellation if we cancel for any other reason. Item 9. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, is deleted and replaced with the following: GL-3088(09/11) -2- 9. WHEN WE DO NOT RENEW a. If we choose to nonrenew this policy, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 60 days before the expiration date. b. If we do not give notice of our intent to nonrenew as prescribed in a.above,it is agreed that you may extend the period of this policy for a maximum additional sixty(60) days from Its scheduled expiration date. Where not otherwise prohibited by law, the existing terms, conditions and rates will remain in effect during that extension period. It is further agreed that so long as it is not otherwise prohibited by law,this one time sixty day extension is the sole remedy and liquidated damages available to the insured as a result of our failure to give the notice as prescribed in 9.a.above. E. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Although we relied on your representations as to existing and past hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy,we will not deny coverage under this Coverage Form because of such failure. F. BROADENED MOBILE EQUIPMENT Item 12.b.of SECTION V-DEFINITIONS,is deleted and replaced with the following: 12.b. Vehicles maintained for use solely on or next to premises, sites or locations you own, rent or occupy. G. PERSONAL AND ADVERTISING INJURY-CONTRACTUAL COVERAGE Exclusion 2.e.of SECTION I,COVERAGE B is deleted. H. NONEMPLOYMENT DISCRIMINATION Unless"personal and advertising injury"is excluded from this policy: Item 14.of SECTION V-DEFINITIONS,is amended to include: "Personal and advertising injury" also means embarrassment or humiliation, mental or emotional distress, physical illness, physical impairment, loss of earning capacity or monetary loss,which is caused by"discrimination." SECTION V-DEFINITIONS,is amended to include: "Discrimination" means the unlawful treatment of individuals based on race, color, ethnic origin, age,gender or religion. Item 2. Exclusions of SECTION I,COVERAGE B, is amended to include: "Personal and advertising injury" arising out of"discrimination"directly or Indirectly related to the past employment, employment or prospective employment of any person or class of persons by any insured; "Personal and advertising injury"arising out of"discrimination"by or at your,your agents or your "employees"direction or with your,your agents or your"employees" knowledge or consent; "Personal and advertising injury" arising out of"discrimination" directly or indirectly related to the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any dwelling, permanent lodging or premises by or at the direction of any insured;or GL-3088(09/11) -3- Fines, penalties, specific performance or injunctions levied or imposed by a governmental entity, or governmental code, law, or statute because of"discrimination." I. LIQUOR LIABILITY Exclusion 2.c.of SECTION I, COVERAGE A,is deleted. J. BROADENED CONDITIONS Items 2.a. and 2.b. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, are deleted and replaced with the following: 2. Duties In The Event Of Occurrence,Offense,Claim Or Suit: a. You must see to it that we are notified of an"occurrence"or an offense which may result in a claim as soon as practicable after the"occurrence"has been reported to you,one of your officers or an"employee"designated to give notice to us. Notice should include: (1) How,when and where the"occurrence"or offense took place; (2) The names and addresses of any injured persons and witnesses;and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or"suit"is brought against any insured,you must: (1) Record the specifics of the claim or"suit"and the date received as soon as you, one of your officers, or an "employee" designated to record such information is notified of it;and (2) Notify us in writing as soon as practicable after you, one of your officers, your legal department or an "employee" you designate to give us such notice learns of the claims or"suit." Item 2.e. is added to SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: 2.e. If you report an "occurrence" to your workers compensation insurer which develops into a liability claim for which coverage is provided by the Coverage Form, failure to report such "occurrence" to us at the time of"occurrence" shall not be deemed in violation of paragraphs 2.a., 2.b.,and 2.c. However,you shall give written notice of this"occurrence"to us as soon as you are made aware of the fact that this "occurrence" may be a liability claim rather than a workers compensation claim. K. AUTOMATIC ADDITIONAL INSUREDS-EQUIPMENT LEASES SECTION II -WHO IS AN INSURED is amended to include any person or organization with whom you agree in a written equipment lease or rental agreement to name as an additional insured with respect to liability for"bodily injury","property damage"or"personal and advertising injury"caused,at least in part, by your maintenance, operation, or use by you of the equipment leased to you by such person or organization,subject to the following additional exclusions. The insurance provided to the additional insured does not apply to: 1. "Bodily injury"or"property damage"occurring after you cease leasing the equipment. 2. "Bodily injury"or"property damage"arising out of the sole negligence of the additional insured. GL-3088(09/11) -4- 3. "Property damage"to: a. Property owned, used or occupied by or rented to the additional insured;or b. Property in the care, custody or control of the additional insured or over which the additional insured is for any purpose exercising physical control. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s)which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured,this insurance will be excess. L. INSURED CONTRACT EXTENSION - RAILROAD PROPERTY AND CONSTRUCTION CONTRACTS Item 9.of SECTION V-DEFINITIONS,is deleted and replaced with the following. 9. "Insured Contract"means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f.does not include that part of any contract or agreement: (1) That indemnifies an architect,engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications;or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage;or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. GL-3088 (09/11) -5- M. CONSTRUCTION PROJECT GENERAL AGGREGATE LIMITS This modifies SECTION III-LIMITS OF INSURANCE. A. For all sums which can be attributed only to ongoing operations at a single construction project for which the insured becomes legally obligated to pay as damages caused by an"occurrence" under SECTION I - COVERAGE A, and for all medical expenses caused by accidents under SECTION I-COVERAGE C: 1. A separate Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard," and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; b. Claims made or"suits"brought;or c. Persons or organizations making claims or bringing"suits." 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate Limit. B. For all sums which cannot be attributed only to ongoing operations at a single construction project for which the insured becomes legally obligated to pay as damages caused by an "occurrence" under SECTION I - COVERAGE A, and for all medical expenses caused by accidents under SECTION I-COVERAGE C: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit,whichever is applicable;and 2. Such payments shall not reduce any Construction Project General Aggregate Limit. C. Payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D. If a construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables,the project will still be deemed to be the same construction project. E. The provisions of SECTION III - LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to be applicable. GL-3088(09/11) -6- N. FELLOW EMPLOYEE COVERAGE Exclusion 2.e. Employers Liability of SECTION I, COVERAGE A, is deleted and replaced with the following: 2.e. "Bodily injury"to (1) An"employee"of the insured arising out of and in the course of: (a) Employment by the insured;or (b) Performing duties related to the conduct of the insured's business;or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of paragraph(1)above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity;and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to: (1) Liability assumed by the insured under an"insured contract";or (2) Liability arising from any action or omission of a co-"employee"while that co-"employee"is either in the course of his or her employment or performing duties related to the conduct of your business. Item 2.a.(1)(a)of SECTION Il-WHO IS AN INSURED,is deleted and replaced with the following: 2.a. (1)(a) To you, to your partners or members (if you are a partnership or joint venture)or to your members (if you are a limited liability company), or to your "volunteer workers" while performing duties related to the conduct of your business. O. PROPERTY DAMAGE TO THE NAMED INSURED'S WORK Exclusion I of SECTION I,COVERAGE A.is deleted and replaced with the following: I. Damage to Your Work "Property damage" to"your work"arising out of it or any part of it and included in the "products completed operation hazard." This exclusion applies only to that portion of any loss in excess of$50,000 per occurrence if the damaged work and the work out of which the damage arises was performed by you. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. GL-3088(09/11) -7- P. CARE,CUSTODY OR CONTROL Exclusion 2.j.4 of SECTION I, COVERAGE A.is deleted and replaced with the following: 2.j.4 Personal property in the care,custody or control of the insured. However,for personal property in the care, custody or control of you or your "employees," this exclusion applies only to that portion of any loss in excess of $25,000 per occurrence, subject to the following terms and conditions: (a) The most that we will pay under this provision as an annual aggregate is $100,000, regardless of the number of occurrences. (b) This provision does not apply to"employee"owned property or any property that is missing where there is not physical evidence to show what happened to the property. (c) The aggregate limit for this coverage provision is part of the General Aggregate Limit and SECTION III -LIMITS OF INSURANCE is changed accordingly. (d) In the event of damage to or destruction of property covered by this exception, you shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs thereto, at actual cost to you,exclusive of prospective profit or overhead charges of any nature. (e) $2,500 shall be deducted from the total amount of all sums you became obligated to pay as damages on account of damage to or destruction of all property of each person or organization, including the loss of use of that property, as a result of each "occurrence." Our limit of liability under the endorsement as being applicable to each "occurrence" shall be reduced by the amount of the deductible indicated above; however, our aggregate limit of liability under this provision shall not be reduced by the amount of such deductible. The conditions of the policy, including those with respect to duties in the event of"occurrence," claims or"suit"apply irrespective of the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or"suit"and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. Q. ELECTRONIC DATA LIABILITY COVERAGE 1. Exclusion 2.p. Electronic Data of SECTION I, COVERAGE A, is deleted and replaced with the following: 2.p. Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate"electronic data"that does not result from physical injury to tangible property. 2. The following definition is added to SECTION V—DEFINITIONS: "Electronic data"means information, facts or programs stored as or on, created or used on,or transmitted to or from computer software(including systems and applications software),hard or floppy disks,CD-ROMS, tapes, drives,cells,data processing devices or any other media which are used with electronically controlled equipment. 3. For the purposes of this coverage, the definition of "property damage" in SECTION V — DEFINITIONS is replaced by the following: "Property damage"means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; GL-3088(09/11) -8- b. Loss of use of tangible property that is not physically injured.All such loss of use shall be deemed to occur at the time of the"occurrence"that caused it;or c. Loss of,loss of use of,damage to,corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance,"electronic data"is not tangible property. R. CONSOLIDATED INSURANCE PROGRAM RESIDUAL LIABILITY COVERAGE With respect to "bodily injury", "property damage", or 'personal and advertising injury" arising out of your ongoing operations; or operations included within the "products-completed operations hazard". the policy to which this coverage is attached shall apply as excess insurance over coverage available to"you"under a Consolidated Insurance Program (such as an Owner Controlled Insurance Program or Contractors Controlled Insurance Program). Coverage afforded by this endorsement does not apply to any Consolidated Insurance Program involving a "residential project" or any deductible or insured retention, specified in the Consolidated Insurance Program. The following is added to Section V—Definitions "Residential project" means any project where 30% or more of the total square foot area of the structures on the project is used or is intended to be used for human residency. This includes but is not limited to single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments and appurtenant structures (including pools, hot tubs, detached garages, guest houses or any similar structures). A "residential project" does not include military owned housing, college/university owned housing or dormitories, long term care facilities, hotels, motels, hospitals or prisons. All other terms,provisions, exclusions and limitations of this policy apply. S. AUTOMATIC ADDITIONAL INSUREDS-MANAGERS OR LESSORS OR PREMISES SECTION II—WHO IS AN INSURED Is amended to include: Any person or organization with whom you agree in a written contract or written agreement to name as an additional insured but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises,designated in the written contract or written agreement, that is leased to you and subject to the following additional exclusions: This insurance does not apply to: 1. Any"occurrence"which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the additional insured listed in the written contract or written agreement. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s)which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. GL-3088 (09/11) -9- T. AUTOMATIC ADDITIONAL INSUREDS—STATE OR GOVERNMENTAL AGENCY OR POLITICAL SUBDIVISIONS—PERMITS OR AUTHORIZATIONS SECTION II — WHO IS AN INSURED is amended to include any state or governmental agency or subdivision or political subdivision with whom you are required by written contract, ordinance, law or building code to name as an additional insured subject to the following provisions: This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. This insurance does not apply to: 1. "Bodily injury", "property damage"or"personal and advertising injury"arising out of operations performed for the federal government, state or municipality; or 2. "Bodily injury" or "property damage" included within the "products-completed operations hazard". This insurance is excess of all other insurance available to the additional insured,whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s)which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. U. CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE—COMPLETED OPERATIONS SECTION II —WHO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy for completed operations, but only with respect to liability for"bodily injury"or"property damage"caused, in whole or in part, by "your work" at the project designated in the contract, performed for that additional insured and included in the"products-completed operations hazard". This insurance is excess of all other insurance available to the additional insured,whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s)which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured,this insurance will be excess. V. ADDITIONAL INSURED—ENGINEERS,ARCHITECTS OR SURVEYORS SECTION II —WHO IS AN INSURED is amended to include as an additional insured any architect, engineer or surveyor who is required by written contract to be an additional insured on your policy, 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 performed by you or on your behalf. This includes such architect, engineer or surveyor, who may not be engaged by you, but is contractually required to be added as an additional insured to your policy. GL-3088(09/11) -10- With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury"arising out of the rendering of or the failure to render any professional services, including: 1. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys,change orders,designs or specifications;or 2. Supervisory,inspection or engineering services. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured,this insurance will be excess. GL-3088 (09/11) -11- Policy Number: CAP 3 534 668 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-SPECIFIC ENTITIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM WHO IS AN INSURED is changed to include as an Insured" the person or organization named In this endorsement. However, the additional insured is an Insured" only for "bodily injury" or "property damage" arising out of work or operations performed by you or on your behalf for the additional insured and resulting from the ownership, maintenance or use of a"covered auto,"by: 1. You,or 2. Any of your employees or agents;or 3. Anyone other than the additional insured or any employee or agent of the additional insured,while using with your permission a covered"auto"you own,hire or borrow. ADDMONAL INSURED: Any person or organization for whom the named insured has agreed by written "insured contract" to designate as an additional insured subject to all the provisions and limitations of this policy. A-2931 (11/99) POLICY NUMBER: CAP 3 534 668 MANUSCRIPT ENDORSEMENT THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US BUSINESS AUTO COVERAGE FORM This policy is changed as follows: The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US condition does not apply to: Any person or organization for whom the named insured is operating under a written "insured contract" when such contract requires a waiver of subrogation. • GOX-2287-BW(01/93) • 7501 E Lowry Blvd PIN ` COL Denver,CO 80230-7006 Phone:(303)361.4000/(800)873-7242 ASSURANCE Fax:(303)361-5000/(888)329-2251 www.pinnacol.com ENDORSEMENT: Blanket Waiver of Subrogation We have the right to recover our payments from anyone liable for any injury covered by this policy.We will not enforce our right against the person or organization named in the schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the schedule. SCHEDULE To any person or organization when agreed to under a written contract or agreement,as defined above and with the insured,which is in effect and executed prior to any loss. Pwfecol Assurance'7501 E Lowry Blvd'Denver,CO 80230 Page 1 of 1 ISA•External I EMP Record Onl 04/0412011 19:03:22 4055065 Updated:D5109/2007 359.0