Loading...
HomeMy WebLinkAboutresolution.council.039-09RESOLUTION NO. Series of 2009 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND Elam Construction, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENT(S) ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a CONTRACT between the City of Aspen, Colorado and Elam Construction a copy of which contract is annexed hereto and made a part thereof. NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section One That the City Council of the City of Aspen hereby approves that CONTRACT between the City of Aspen, Colorado, and Elam Construction a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: c.r2 ~ , 2009. / ~~~ Michael C. Ireland, ayor 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 ~ Zpp~' Kathryn S. Koc , CC CONTRACT FOR CONSTRUCTION THIS AGREEMENT, made and entered into on by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and Elam Construction, hereinafter called the "Contractor". WHEREAS, the City has caused to be prepared, in accordance with the law, specifications and other Contract Documents for the work herein described, and has approved and adopted said documents, and has caused to be published, in the manner and for the time required by law, an advertisement, for the project: 2009 Street Improvements Project (Project # 2009-014). WHEREAS, the Contractor, in response to such advertisement, or in response to direct invitation, has submitted to the City, iri the manner and at the time specified, a sealed Bid in accordance with the terms of said Invitation for Bids; and, WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the Bids submitted in response to the published Invitation for Bids therefore, and as a result of such canvass has determined and declared the Contractor to be the lowest responsible and responsive bidder for the said Work and has duly awarded to the Contractor a Contract For Construction therefore, for the sum or sums set forth herein; NOW, THEREFORE, in consideration of the payments and Contract for Construction herein mentioned: 1. The Contractor shall commence and complete the construction of the Work as fully described in the Contract Documents. 2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Work described herein. 3. The Contractor shall commence the work required by the Contract Documents within seven (7) consecutive calendar days after the date of "Notice To Proceed" and will complete the same by the date and time indicated in the Special Conditions unless the time is extended in accordance with appropriate provisions in the Contract Documents. 4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for a sum not to exceed Six Hundred Fifty Two Thousand Four Hundred Forty Six Dollars and Ten Cents($652.446.10) DOLLARS or as shown on the BID proposal. CC2-971.doc Page 1 "CC1 5. The term "Contract Documents" means and includes the documents listed in the City of Aspen General Conditions to Contracts for Construction (version GC97-2) and in the Special Conditions. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here. 6. The City shall pay to the Contractor in the manner and at such time as set forth in the General Conditions, unless modified by the Special Conditions, such amounts as required by the Documents. 7. This Contract For Construction shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein or in the Contract Documents, this Contract For Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4-08-040. This agreement shall not be binding upon the City unless duly executed by the City Manager or the Mayor of the City of Aspen (or a duly authorized official in his/her absence) following a resolution of the Council of the City of Aspen authorizing the Mayor or City Manager (or a duly authorized official in his/her absence) to execute the same. 8. This agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Contractor respectively and their agents, representatives, employees. Successors, assigns, and legal representatives. Neither the City nor the Contractor shall have the right to assign, transfer or sublet his or her interest or obligations hereunder without the written consent of the other party. 9. This agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom the Contractor or the City may assign this Contract For Construction in accordance with the specific written consent, any rights to claim damages or to bring suit, action or other proceeding against either the City or the Contractor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 10. No waiver of default by either party of any terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 11. The parties agree that this Contract For Construction was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be kept exclusively in the courts of Pitkin County, Colorado. 12. In the event that legal action is necessary to enforce any of the provisions of this Contract for Construction, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 13. This Contract For Construction was reviewed and accepted through the mutual efforts of the parties hereto, and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of this Contract For Construction. z ••cci 14. The undersigned representative of the Contractor, as an inducement to the City to execute this Contract For Construction, represents that he/she is an authorized representative of the Contractor for the purposes of executing this Contract For Construction and that he/she has full and complete authority to enter into this Contract For Construction for the terms and conditions specified herein. IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For Construction on the date first above written. ATTESTED BY: ~~ 0 CITY OF PE , C/O~L~ORADO gy. C Y vJ~~ Title: RECOMMENDED FOR APPROVAL Ci tr epartm ATTESTED BY: APPROVED AS TO FORM: __._._. By: Ci y orn CONTRACTOR: ~,.-.~- ~ ~ By: Jason D. Cates, CFO Stephen J. Kaspar Title: President 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. CC2-971.doc Page 3 "CCi CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF ~~U ~UY~~U "~ ) SS. COUNTY OF ~ ' On this ~ day of ~ , 20~, before me appeared ` ' ~ _ a''~' , to me personally known, who, being by a first duly sworn, di say that s/he is ~ of <~ ~ ;yrY( (~~ `~f`« ~ ~"i -~- l ~ and that the seal affixed to said instrument is the corporate se 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. ~i SARAH E. f~ FEES Notary Public u~: s ~ •' l~i Add/~J ~Z~L~-/C~i ~/~ / My commission expires: l CJ CC2-971.doc Page 4 "CCt Bond Number: 6571992 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned, as, Elam Construction, Inc. having a legal business nnGpa s ame address at 556 Struthers Avenue Grand Junction, CO 81501 a Cor oration as Principal, hereinafter called "Principal", and wn, emv: P. ar n rvwua ) Safeco Insurance Company of America setae ~y Safeco Plaza Seattle WA 98185 ess n• y a corporation organ¢ed under the taws of the State of WA ,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: Siz Hundred Fifty Two Thousand Four Hundred Forty Six and 10/100 ($652.446.10 ), 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 ~a1r~e 2.Z.. , 2009 entered into a contract with City for (2009 Street Imorovement Project (Project 20Q9-074) in accordance with the Contract Documerts which Contract Documents is by reference made a part hereof, and is hereinafter refereed 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 granted by the Cily, 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 ft shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the City Whenever Principal shall be, and declared by City to be in default under the Contract, the City having pertonned 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.5urety 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 term "balance of the Contract price" as used in this paragraph, shall mean the total amount payable by City tp Principal under the Contract and any amendments thereto, less the amount properly paid by Ciry 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. PB'I-99n3.doc '" PB1 Page i Bond Number: 6571992 This bond is intended to be in satisfaction of, and in addition to, the bond required pursuant to Section 38-26- 1 D6, C.R.S., as amended. This bond, as a penalty and indemnification bond, shall also entitle Ciry 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 unliquidated damages, costs, reasonable attorneys fees and expert witness fees, including, without limitations, 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 law 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 ContraC 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 City named herein or the employees, agents, administrators or successors of City. SIGNED AND. SEALED this ~ ~ day of ~u.U ~ , 20D~ t PRINCIPAL: Elam Construction, Inc. (seal) By: ~'~"~~ Attest: !] l.A-~`-" J~Sson D. Cates, Secretary /Treasurer Title: Stephen J. Kaspar, President SURETY: Safeco Insurance Company of America (seal) Attest Lindsey Kwi kerbocker, 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. P61-99a3.doc '" P61 Pege 2 PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned, as, Bond Number: 6571992 Elam Construction Inc. having a legal business maw a an,~ address at 556 Struthers Avenue, Grand Junction, CO 81501 , emupa's rcsa) a Corporation , as Principal, hereinafter called "Principal", and '-(l.arpaamn. anrers P. ~ inarv u ~ _- Safeco Insurance Com an of Americ ~~ra ap,~ Safeco Plaza, Seattle, WA 98185 , ureys ress a corporation organized under the laws ofthe State of WA ,and qualified to transact business in the State of Colorado, hereinafter called "Surety", are held antl frmly bound unto the City of Aspen, a Colorado home rule municipality, as Obligee, hereinafter called "City", in the amount of Six Hundred Fifty Two Thousand Four Hundred Forty Six and 10/100 (5652.446.10 ), 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 _~uw ,SOUS ,entered into a contract with the City for a project entitled: 2009 Street Improvements Project (Project 2009-0141, 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 Gaimants hereinafter defined, for all labor and material used or reasonably required for the use in the pertormance 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 PdnGpat for labor, material, or both, used or reasonably required for the performance of the Contract, labor and material being construed to include that part of water, gas, power, Tight, heat, oil, gasoline, telephone service or rental equipment directly applicable to the Contract. 2. The above-name Principal and Surei hereby jointly and severally agree with the City that every Gaimant as herein defined who has not been paid in full before the expiration of ninety (9D) days after the date on which the last of such claimants work or labor was done or performed or materials were famished by such claimant, may sue on this bond inr use of such sums as rtay 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 shat! 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, wRhin ninety (90) days after such claimant did or performed the last of the work or labor, or famished the last of the material for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the matedals were furnished, or for whom the work of labor was done or performed. Such notice shall be served by mailing the same registered mail or cert~ed mail, postage prepaid, in an envelope addressed to the Principal, City or Surety, at any place where an office is regulady maintained for the transaction of business, or served in any manner in which legal process may be served in the State of Colorado. (b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, however, thai'rf any limitation embodied in this Bond is prohibited by any law controlling the Y61-9903.doc Bond Number: 6571992 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 competentjurisdiction in and for the County of Pitkin, State of Colorado. 4. The amount of this Bond shall be reduced to the extent of any payment or payments 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 lien be presented under and against this Bond. 5. This Bond is intended to be in satisfaction of, and in addition to, the band required pursuant to Section 38-26- 105, C.R.S., as amended. 6. No final settlement between the City and Principal shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. SIGNED AND SEALED this _, 3~_ day of ~iJ~y C-- 200 PRINCIPAL: Elam Construction In (seal) By ~j~- Attest: Ja on D. Cates, Secretary /Treasurer Title: Stephen J. Kaspar, Presidi:nt SURETY: Safeco Insurance Company of America (seal) l Attest: Lindsey ckerbocker, Witness NOTE: Accompany this bond with certified copy of General Power of Attorney from the Surety Company tp include the date of the bond. (Date of Bond must not be prior to date of Contract). If Principal is a Parfiership, all partners should execute Bond. Y61-9903.doc "'Y81 Page: 2 Bond Number: 6571992 MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS, That we, the undersigned, as Elam Construction, Inc. of 556 Struthers Avenue, Grand Junction, CO 81501 as Principal, hereinafter referred to as "Principal", and Safeco Insurance Company of America Safeco Plaza Seattle WA 98185 , a corporaticn organized under the laws of the State of WA ,and qual~ed to transact business in the State of Colorado, as "Surety" are held and finely bound unto the City of Aspen, Colorado, as obligee, hereinafter referred to as "City," in the penal sum of Six Hundred Fiftv Two Thousand Four Hundred Forty Six and 1D/100 Dollars ($ 652 446 10 ), lawful money of the United States of America, for the Payment of which sum, well and truly to be madeto 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 Contractwifh the obligee dated ~ Z~..r ZU~ 2009 ,for furnishing all equipment, labor, tools and materials for 2009 Street Imorovements Proied fProiect No. 2009-0141 in accordarice 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 iwo year(s) as provided herein, and protect and save harmless the City of Aspen, Colorado, from all loss and damages to I'rfe 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 qualtty as to insure R to be free from all defects and in continuous good order and in a condition satisfactory to the Governing Body of the Ciry 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 Pdncipal will keep and maintain the subject work without additional charge or cost to the Clty of a period specified, and make such repairs or replacement of any defective construction as the City may deem necessary. MBt-9903.doc "MBt Page: 1 Bond Number: 6571992 The said Principal shall not be required to maintain any part of the improvement under this guarantee which, after ds complefidn and acceptance shall have been removed or altered by the City or its agent. SIGNED AND SEALED this .3 ~ day of J k.IJ~ , 200`a~7. PRINCIPAL: Elam Construction Inc: (seal) By: ~~~ Attest: ~ v---- Jason D. Cates, Secretary /Treasurer Tide: Stephen J. Kaspar President SURETY: Safeco Insurance Company of America (seal) By: ' l ~ T~( Tiffa 1c n le, Attorne - -Fact Attest: indsey Knic rt;oclcer, Witness (Accompany this bond wdh certified copy of General Power of Attorney from the Surety Company to include the date of the bond.) M61-9903.doc "'M61 Page: 2 Safety Insurance Comperry of America General Insurance Company of America ~' ~ POWER 100t41hAvenue ' ~:3~£D~ Suite 1700 ~,~~~~ OF ATTORNEY seanle.wnasfsn No. zlzo KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each Washington corporation, does each hereby appoint ***FLORIEI'TA ACOSTA; DONALD E APPLEBY; DANIELLE M. BECHARD; GLORIA C: BLACKBURN; DILYNN GUERN; SUSAN J. LATTARULO; TIFFANY MCGONIGLE; KEVIN W. MCMAHON; FRANK C. PENN; J. R. RICHARDS; DEANNA M. ROBICHAUD; JAMES 5. ROSULEK; MARK SWEIGART; Denver, CO*"*"*"**"*'***"*"***""'~*""***"** its true and lawful attorney(s)-in-fact, with full authority to exewte on its hehalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WRNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 21st day of March zoog Dexter R Leaa Secretary Timothy A. Mikolaiewski. Vice President- CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. -FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistarrt Vice President appointed for. that purpose by the.otficer in charge of surety operations, shalt each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authorty ro execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproducetl; provided, however, that the seal shall not be necessary to the validity of any such instument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA atlopted July 28, 1970. "On any certiTirate executed by the Secretary or an assistant secretary of the Company setting out, C) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment,executed pbrsuant thereto, and (iii) Certifying that said powerofattorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may 6e a facsimile thereof." I, Dexter R. Legg ,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and mrrect, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the facsimile seal of said corporation this S EAl ,< day of ~~ ~..~~ Dexter R Legg, Sscretary WEB PDF 5-0974105 3108 51835 SELAMCON V„G,INf. ACORD,M CERTIFICATE OF LIABILITY INSURANCE os;oz,zDO"YYY' PRODUCER HRH Of Colored0 720 South Colorado Boulevard THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED 8Y THE POLICIES BELOW. Suite 600N Denver, CO 80246 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA. TfaVBIerS P(Operty CasDBlty Company 36161 Elam Construction, Inc. INSURER B: Travelers Insurance 39357 556 Struthers Avenue INSURERC Pinnacol Assurance 41190 Grand Junction, CO 81501-3826 INSURER D: INSURER H COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAV BE ISSUED OR ANY REQUIREMENT , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MAY PERTAIN , POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BV PAID CLAIMS. gL7EYM E TION A P L1MR5 LTR NSR TYPE OF INSURANCE POLICY NUMBER D MRIO/YY D E MMIDD A GENERAL LV181LfrY C0325D667A 1001106 1O~O1fO9 EACH OCCURRENCE $1 OOO OOO X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $3OO OOO CLAIMS MADE ~ OCCUR MED EXP (Any one person) $5 OOO X CG D2 46 08 05 PERSONAL SADV INJURY $1 OOO OOO GENERAL AGGREGATE S2 OOO OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2000000 POLICY X jET LOC A AUT OMOBILE LIABILITY 810325D667A 10/01/O8 10/01109 COMBINED SINGLE LIMIT $1 000,000 X ANV AUTO (Ea accitlent) , ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY S X OWNED AUTOS NON (Per accitlent) - PROPERTY DAMAGE $ (Per amtlenl) GARAGE LIABILRY AUTO ONLY-EA ACCIDENT S ANV AUTO OTHER THAN EA ACC $ AUTO ONLY: qGG $ B EXCESSIUMBRELLA LIABILITY CUP325D667A 10/01/06 10/01/09 EACH OCCURRENCE 82000000 X OCCUR ~ CLAIMS MADE AGGREGATE $2 OOO OOO S pEDUCTIBLE S X RETENTION S 1 O OOO $ E; WORKERS COMPENSATK)N ANp 4124555 07/01/O6 07/01109 ~( WC STATU- OTH- EMPLAYERS' LU1BILfrY E.L. EACH ACCIDENT 81 OOO OOO ANY PROPRIETOR/PARTNER/EXECUTIVE 000000 1 OFFICER?AEMBER EXCLUDED? E.L. DISEASE-EA EMPLOYEE , $ If yes. tlesmbe antler DISEASE-POLICY LIMN E L $1 OOO OOO SPECIAL PROVISIONS belay . . OTHER DESCRIPTION OF OPERATIONS! LOCATIONS! VEHICLES / E%LI.USN)NS ADDED BY ENDORSEMENT I SPECIAL PROWSIONS Per Project Aggregate Endorsement only applies when required by written contract. Project Description: 2009 Street Improvement Projects Project Number: 2009-014 (See Attached Descriptions) City of Aspen Street Department 1080 Power Plant Rd. Aspen, CO 81611 Af:f1Rr19R l900~IDA1~ ..FZ ftSRZRRGR/MADFR7n LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL zn* DAYS WRRTEN :E TO TXE CERTIFICATE HOLDER NAMED TO TXE LEFT, BUT FAILURE TO DO SO SHALL SE NO OBLIGATK)N OR LIABILRY OF ANY KIND UPON THE INSURER, ITS AGENTS OR SSWIL ©ACORD CORPORATION 196E IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not wnfer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25.5 (2001108) 2 Of 3 #5635896lM605870 DESCRIPTIONS (Continued from Page 1) The following are Additional Insureds as respects General Liability only If required by written contract and coverage applies only as respects _ work performed 6y the Insured for the Additional Insureds. All coverage terms, conditions and exclusions of the policy apply. The following are Additional Insureds on the Automobile Liability only to the extent they meet the definition of an insured in the policy, which provides in pertinent part that an insured includes anyone liable for the conduct of an insured but only to the extent of that liability. All coverage terms, conditions and exclusions of the policy apply. Consult the policy to determine the extent of coverage, if any. Additional Insureds: City of Aspen and the City of Aspen's Officers and Employees. The General Liability coverage is Primary &Non-Contributory per the policy terms & conditions only if required by written contract. The Workers' Compensation and General Liability policies include a Waiver of Subrogation in favor of the Addtional Insureds only if required by written contract. The Additional Insured endorsement which is referenced above under "Type of Insurance-General Liability" is attached. This Certificate of Insurance represents coverage currently in effect and may or may not be in compliance with any written contract. The following cancellation conditions always apply: -10 days for non-payment of premium - If policy shown, 10 days for Workers' Compensation for fraud; material misrepresentation; non-payment of premium; other reasons approved by the Commissioner of Insurance nMS 25.3120011981 3 of 3 #56358961M605870 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART I. WHO IS AN INSURED - (Section II) is amended to include any person or organization that you agree in a '\vitten contract requiring insurance" to include as an additional insured on this Coverage Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement shall not increase the limits of insurance described in Section III -Limits Of Insurance. b) The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional insured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products-completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written cohtract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this ehdorsement still is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under such "other insurance". 4. As a condition of coverage provided to the additional insured by this endorsement: CG 02 46 D8 05 Page 1 of 2 a) The additional insured must give us written notice as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. 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 the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and li. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the defense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insurance provided to the additional insured by this endorsement is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. -DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. CG D2 46 OS 05 Page 2 of 2 I hereby aclrnowledge receipt of ADDENDUM(s) numbered d through ~ 2009 - 014 ESTIMATED QUANTITYLIST UNIT TOTAL BID ITEM DESCRIPTION UNIT OUP ITy PRICE COST ~o Mobilization & Demobilization LS 1 $ I j Bo' $ l 1 , 500."`' Mob & Demob, Sub Contractor Only LS Rotomill AC Pavement -Edge Mill SY Milling Butt joints, SY Install Asphalt Pavement - PG 70-28 11/2" SY Leveling & Patching SX PG 58 - 22 TN Adjust Valve/Monument Box to finish grade. EA Adjust Manhole to finish grade Traffic control, barrcading, & flagging Center Line Paint Stripping BP1-971.doc 16,297 $ 2,SS $4~,446.vs 1,330 $ ~•~~/ $$,.19,50 63,894 $ g,b~ $~d` ~jo 20 $ l . o.bo $ a---~~ 86 $ g©°~~ $ ~~~'~O.eo EA 77 $ 16.5•,`"0 $ ©~ o0 LS 1 $ I_~~ °o $ 1.~ 4rn ~o LF 2,195 $ o• b$ $ 1 ab. )~ TOTAI,BIDINNUMBERS: $ Iv53~44b.10 'BP1 ge 2 Cont clots Initials :; SECTION BRANCH SECTION # Work Manhole water SIZE NAME STREET FROM: - TO: Done Covers valves SO. YD ! ***k*ktf***f'!*%! k:Ff'Y:rt****kt~Y**! MMy,y ~~~f~et~~t ~~~„fW~r *'R+~~i~'t ~"~~'x'• E-HO E HOPKINS AVE. S. GARMISCH ST. - S. ASPEN ST 1 1/2 2 0 1,200.00 E-HO E. HOPKINS AVE. S. ASPEN ST. - S. GALENA ST. 1 1/2 0 13 4,375.00 E-HO E. HOPKINS AVE. S. GALENA ST. - S. SPRING ST. 1 1/2 1 5 3,266.00 E-HO E. HOPKINS AVE. S. SPRING ST. TO Original ST. 1 1/2 " 0 1 1,180.00 MS McSKIMMING RD. HWY. 82 Thru Aspen Grove RD. 1 1/2 1 3 1,333.33 MS McSkimming RD. (Aspen Grove to END) 1 1/2 " 20 13 6,818.89 S-MO S. MONARCH ST. E. Main ST. - E. ~{ymun,ST. 1 1/2 1 2 2,520.00 RM Red Mountian Rd. Mill ST Bridge .Thru Hunter creek BR 1 1/2 1 6 4,412.44 S-GR S. GARMISCH ST. MAIN ST. - DURANT ST. 1 1/2 4 2 3,992.00 SK SILVER KING DR. CEMETERY LN. -CHATFIELD RD. 1 1/2 8 0 4,480.67 HS HOMESTAKE DR. 1 -CHATFIELD RD. -SILVER KING DR. 1 1/2 4 0 4,480.67 Pgarage Parking Garage Entrance of Garage 1 1/2 0 0 933.00 ALL Alley (at N. Mill ST.) N-ML- N-GL 1 1/2 0 0 667.00 E-HY E. Hyman Ave (S Monarch to Crosswalk) 1 1/2 6 3 1,184 E-HY E Hyman Ave (S Galena St to S Spring St) 1 1/2 2 12 3,266 S. G S Galena St (E Main St to Cooper St) 1 1/2 9 4 4,961 S. M S Mill St (Main St to Crosswalk) 1 1/2 14 0 2,422 SP Spruce ST. Park Circle TO Valley Pan 1 1/2 0 5 915 SP Spruce ST. Valley Pan to Fire Lane. 1 1/2 0 6 2,053 B R Brown Ln (Park Circle to Teal Ct) 1 1/2 0 2 2,652 S. 1st S 1st St. (W Main St, - W .Cooper St.) 1 1/2 2 2 3,330 s. 2 nd . S 2nd St. (W Main St, - W. Hyman To Alley.) 1 1/2 1 1 2,618 S.3 RD S 3rd St (W Hopkins to W Hyman Ave) 1 1/2 1 6 834