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HomeMy WebLinkAboutresolution.council.020-10RESOLUTION # (Series of 2010) A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND WESTERN SUMMIT CONSTRUCTORS SETTING FORTH THE TERMS AND CONDITIONS REGARDING INSTALLATION OF THE CASTLE CREEK DRAIN LINE/PENSTOCK AND THOMAS RESERVOIR INTAKE STRUCTURES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council an agreement between the City of Aspen, Colorado, and Western Summit Constructors, a copy of which agreement is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that agreement between the City of Aspen, Colorado, and Western Summit Constructors regarding installation of the Castle Creek drain line/penstock and Thomas Reservoir intake structures, 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: / , ~~~ t ichael C. Irela ,Mayor ~•~0~s~ 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 March 8, 2010. K ryn S. Koch, City Clerk THIS AGREEMENT, made and entered into on 16 Feb 2010 , by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and Western Summit Constructors Inc. ,hereinafter called the "Contractor'. WHEREAS, the City has caused to be prepared, in accordance with the law, specifications and other Contract Documents for the work herein described, and has approved and adopted said documents, and has caused to be published, in the manner and for the time required by law, an advertisement, for the project: 42" Penstock and Thomas Reservoir Intake Structures ,and, WHEREAS, the Contractor, in response to such advertisement, or in response to direct invitation, has submitted to the City, in the manner and at the time specified, a sealed Bid in accordance with the terms of said Invitation for Bids; and, WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the Bids submitted in response to the published Invitation for Bids therefore, and as a result of such canvass has determined and declared the Contractor to be the lowest responsible and responsive bidder for the said Work and has duly awarded to the Contractor a Contract For Construction therefore, for the sum or sums set forth herein; NOW, THEREFORE, in consideration of the payments and Contract for Construction herein mentioned: 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 Two Million three Hundred Twenty-Six Thousand Seven Hundred and Twenty Six Dollars and no cents ($ 2.326.726.00 )DOLLARS or as shown on the BID proposal. CC1-971.doc Page 1 '•CC7 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. CC1-971.doc 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: J RECOMMENDED FOR APPROVAL: _~~- City Engineering Department ATTESTED BY: Kar ~D. Calabro, Assistant Secretary CITY OF ASPEN, CO~L)ORADO By;~ ~JS Title: APPROVED FORM: .-' By: tyity-;4f rney CONTRACTOR: By: erry Carl and 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. CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF coLOxADo SS. COUNTY OF ADAMS On thlS 19th day of February 2010 ~ ,before me appeared Terry J. Carlsgaard and Karen D. Calabro to me personally known, WI10, being by me first duly sworn, did say that s/he is President & Assistant Secretary Of western Summit Constructors, Inc. and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and said deponent acknowledged said instrument to be the free act and deed of said corporation. WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written. ~~~ ~~ ~~ Notary PUbIIC Rhonda Gruber 5470 Valley Highway, Denver, CO 80216 Address My commission expires: 7/16/toll NoT~r -a-- . plABltO . CC1-971.tloc ~~{J i vV `~ BP1-971 CASTLE CREEK ENERGY CENTER CONTRACT#1 42 "PENSTOCK AND THOMAS RESERVOIR INTAKE STRUCTURE 3-3-55 PROPOSAL TO: CITY OF ASPEN 130 S. GALENA Aspen, Colorado 81611 PROJECT: 42 "PENSTOCK AND THOMAS RESERVOIR INTAKE STRUCTURE Receipt of Addendum Nss. i is hereby acknowledged. A. PROPOSAL: The undersigned Bidder for the above named project, and being familiar with all contractual requirements, hereby proposes to furnish all labor, furnish (except those items specifically listed to be furnished by the Owner) and install materials, tools, supplies, equipment, plant, transportation, services, permits and ail other things necessary for the completion of the contractual work and pay all taxes, and perform the work in accordance with the requirements and intent of the Contract Documents, including Drawings and Specifications, within the time of completion set forth herein, for and in consideration of the following unit and lump sum prices: SCHEDULE "A"-42" PENSTOCK ALTERNATIVE 1- 42" WELDED STEEL Item # Descriotlon Approximate Quantity and Unit Price Amount of Bid 1.1A Pipeline Installation 42" Welded Steel Includes furnishing (except where specifically noted otherwise) and handling all required equipment and materials, utility corridor preparation, locating existing pipelines and utilities, all excavation, de- watering, pipe installation, support of all existing utilities, couplings, pipe restraint devices, imported bedding-zone and pipe-zone backfill material, compacted backfill (see Special Construction Provisions), flushing, testing, temporary and permanent plugs, adapters, reducers, corrosion protection, anodes (design and installation), restraint systems not included it fittings, welding, weld testing/certification, interior 00400-1 019.5S02q/2010 Item # Description Aooroximate quantity and Unit Price Amount of Bid and exterior epoxy coatings and sealants, location tape, line locates, potholing, all erosion and drainage control per the attached plan, marking tape, removal and replacement of ali existing fences, gates, and culverts, replacement of all gravel roads and paths, coordination with other projects and phases, and includes other items not listed elsewhere in this proposal, and other items as needed to complete the system as shown on the drawings and as specified, except those items specifically listed hereinafter in the Proposal, at the unit price per lineal foot of pipeline in place, measured from end of pipe or center of fittings: a. 42-inch Welded Steel Pipe , 3 7831 I.f. @: (Words -Unit Price) (Figures) ~ (Total) 1-16 Steel Waterline Fittings Includes design of restraint system, furnishing, handling, and installation of pipeline fittings, as detailed on the Drawings, or as required by field changes, the unit price over and above the costs of water pipelines. 1.1C a. 42-inch bends all angles w/ restraint systems 40 each @~ 95A '~ $ yp /PVioL $ .1Jf/ l3.al (Words - Umt Pnce) (Figures) --- (Total) Steel Waterline Access Port.: Includes supplying and installing an access port on the Steei Pipe including a 42" X 42" tee in the main line, blind flange, SS bolts, 6' Dia Manhole sections, lid, supports, and access hatch and other items as shown on the attached drawing. The access port and all restraint systems required, furnishing, handling, and installation of aii pipeline fittings per the attached drawing, the unit price over and above the costs of water pipelines. Access ports will be located per the engineer in the field. 03.3.55-OL3l2010 ~04(]~-2 Item # Description Approximate Quantity and Unit Price Amount - of Bid a. 42-inch Steel Access Port wl fittings and restraint systems 3 each @: (Words -Unit Price) $`~~~ $ ~~ ~' (Figures) (Total) TOTAL ALTERNATIVE 1 - 42" Welded Steel Pipe $ ND ,g, Total ALTERNATIVE 2- 42" Restrained Joint Ductile Iron Pi e 1.2A. Pipeline Installation 42" RJDIP Includes furnishing (except where specifically noted otherwise) and handling all required equipment and materials, utility corridor preparation, locating existing pipelines and utilities, all excavation, de-watering, pipe installation, support of all existing utilities, couplings, pipe restraint devices, imported bedding-zone and pipe-zone backfill material, compacted backfill (see Special Construction Provisions), flushing, testing, temporary and permanent plugs, adapters, reducers, pipe bends and restraint systems, location taps, line locates, potholing, coordination with other projects and phases, all erosion and drainage control, removal and replacement of ail existing fences, gates, and culverts, replacement of all gravel roads and paths, per the attached plan, marking tape, and includes .other items not listed elsewhere in this proposal, and other items as needed to complete the system as shown on the drawings and as specified, except those items specifically listed hereinafter in the Proposal, at the unit price per lineal foot of pipeline in place, measured from and of pipe or center of fittings: a. 42-inch Retrained Joint DIP , 3,7831 i.f. @: (Words - Urnt Price)' y„ ~,.~ (Figures) (To' tali 00400-3 oa-a.ss-oz/azoio Item Amount # Description. Approximate Quantity and Unit Price of Bid 1.26. DIP Restrained Joint Waterline Fittings Includes furnishing, handling, and installation of pipeline fittings, as detailed on the Drawings, or as required by field changes, the unit price over and above the costs of water pipelines. a. 42-inch Restrained Joint bends all angles w/ restraint systems 40 each Q: D.11 /~ TWO ~*oYSpM all'/rie.IrON~/e~~e'f~/~ $ v~5-db.O~ $ fOD~ OPf.~. PP (Words -Unit Price) ewd no a•~/.~Figu~es) Total b ) 1.2C. ~P Waterline Access Port Includes supplying and installing an access port on the DIP Pipe including a 42" X 42" RJ tee in the main line, blind flange, SS bolts, 6' Dia Manhole sections, lid, supports, and access hatch and other items as shown on the attached drawing. The access port and all restraint systems required, furnishing, handling, and installation of all pipeline fittings per the attached drawing, the unit price over and above the costs of water pipelines. Access ports will be located per the engineer in the field. a. 42-inch RJDIP Access Port w/ fittings and restraint ~y-~vra//o,s ~ dha ce..~s$ao~3~'-l.oo $GC 97Z.ba (Words -Unit Price) (Figures) (Total) TOTAL ALTERNATIVE 2 - 42" Restrained Joint Ductile $ //17, 5-/~ on Iron Pipe Total 2. feline Installation HDPE and Conduits Includes furnishing (except where specifically noted otherwise) and handling all required equipment and materials, utility corridor preparation, locating existing pipelines and utilities, all excavation, de- watering, pipe installation, support of all existing utilities, couplings, pipe restraint devices, imported bedding-zone and pipe-zone backf'ill material, compacted backfill (see Special Construction Provisions), marking tape, connections to 00400-4 os~.ssov~zoio ~~~~ Item # Description Approximate Quantity and Unit Price existing system, testing, temporary and permanent plugs, adapters, reducers and includes other items not listed elsewhere in this proposal, clean-up and other items as needed to complete the system as shown on the drawings and as specified, except those items specifically fisted hereinafter in the Proposal, at the unit price per lineal foot of pipeline in place, measured from end of pipe or center of fittings: a. 4-inch HDPE Pipe , ~ia~.r<Y da/lErs nod ~a cr..~s (Words -Unit Price) 3,2001 I.f. @: $ ab. o0 (Figures) b. 6-inch Elec Sch 40 Conduits (INSTALLATION ONLY materials supplied by COAL 8,9351 I.f. @; Amount of Bid $ G~ybo~, no (Total) ~iret o/ is itr.c! .., .~ .~- $ 3.06 $ zfei $(7s'.bo (Words -Unit Price) (Figures) (Total) . ~ roy c. 2-inch, Elec Sch 40 Conduits (INSTALLATION ONLY materials supplled by COAL 4,3271 I.f. @: (Words -Unit Price) (Figures) 3. Electric Control Vaults 7' square (OS Dia) (6'X6' ID) ( INSTALLATION ONLY -materials supplied by COA) - 4 foot deep buried concrete electrical vault with ring cover and "COA Elec" (stamped) access lid for pulling and repair of control and electrical lines from Energy Center to Intake, includes, vault ring, cover, lid, mule tape, grouting of conduits, and all other items required to install and meet COA elec requirements, 14 each @: ~ e`~~n~ co~~ct=s`~, -1- G~ Z !o~ ,~0 S : 06~ (T'otal) ~ t;13Z pC ___._ - NUw.b~e25 Y~c6d"vP T r ~~ ~v.d Qac ~/ ~lsvHdrrd Sevc..,><~, $ 70. oo $ /~ 3~6. oa (Words -Unit Price) ~~(~,-5 ~,,,,a (ig~ otal) ~o ~~s. 00400-5 00-0.5&02/0/2010 Item ,_ Amount # Description. Approximate Quantity and Unit Price of Bid 4. Traffic Control. All traffic, control required for all road, trail, and pedestrian/bike path crossing, work in Doolittle Drive, Castel Creek Road, and all other areas that require Traffic Control 30 Days @unit price per day: Li~a~re~~~i~itfnlln,~ aK ~1 $ ~Sb. pv $ 7500. va (Words -Unit Price) ro ce«,~s. (Figures) (Total) 5. Mobilization. All cost to mobilize all equipment, materials, office, storage, and staff to the job site Lump Sum @: i ~'~i-Szre.-, ~L..~v~ci,,2 d a1~1~.s ~~J $ 87 boo. oo $ 7 aoo. ob ( "ords -Unit Price) no te.~Bs, (Figures) (Total) 6. Imported Structural Material. Includes furnishing, and placing imported Structural Fill material for replacement of unstable trench backfill material, when required and authorized by the Engineer, the unit price per cubic yard in place, 3 00 cubic yards (estimated quantity for comparative bid purposes only) at: (Word nit Price) (Figures) (Total) Imported Concrete Rock Aogreaate. Includes furnishing, and placing imported concrete rock aggregate bedding material for replacement of unstable trench foundation, including the extra excavation required, when authorized by the Engineer, the unit price per cubic yard in place, 300 cubic yards (estimated quantity for comparative bid purposes only) at: 00400-6 Ob3.bb-02/32010 Item Amount # Descriotion. Aooroximate Quantity and Unit Price of Bid 8. 9. 10. S&~ •[e r~i//~ a..,,i/ ho ~e,x/g$ 3. f7a $ / `~DU. va (Words-Unit Price) (Figures) otal) GRAVEL ROAD REPLACEMENT: Including cutting, removing, and disposing of asphalt required for the installation of the water line, connections to existing system, and all other requirements of this project, and furnishing, handling, and installing, all equipment and materials, ail excavation. Disposal of excess materials, replacement of top 3" of roadbase and road prep for ali work shown on these drawings per COA requirements, 500 tons at per ton: ~,i~. -Dtir ~iil~~.-s ah,~ ~o $ ~!> ao $ lS, soo, oto (Words'- Unit Price Per ton) Cep. ~s (Figures) (Total) ASPHALT REPLACEMENT: Including cutting, removing, disposing, prepping, providing, and installing asphalt required for the installation of the water line, sewer manholes, connections to existing system, and all other requirements of ihis project, and furnishing, handling, and lnstalling, all equipment and materials, all excavation. Disposal of excess materials, replacement of top 6" of roadbase under asphalt, and replacement of 4" of asphalt, fabric, and road prep for all work shown on these drawings and per the City of Aspen Road Permits and Standards, 500 tons at per ton: wit liv7,rreoy /'ovY dollars etr~$ /Dz/.Ob $ S Z Dca6• e~c, (Words -Unit Price Per ton) too teu Figures) (o~- Revegetation. Supplying all labor and materials to finalize grading and revegetate all disturbed areas during the construction of the 42" Penstock, Electrical Conduits, Intake, and all other areas disturbed. Revegetation per the specifications and Revegetation Plan (sheets( 25 to 27 ) provided for the Lump Sum Price of: 00400-7 033.65-OY3/P010 Item Amount #_ Descri tion A roximate uanti and Unit Price of Bld ~je 1rvr,dr~p~ SrX /~yvssomcal a~/ A rs cw d r~ CtH.~ (Words -Lump Sum Price) (Total) Irrigation Meter Vault. Supplying all labor and materials to install a new meter vault on the existing irrigation line at stat 33+93p, Included 4" tee, solid sleeves, 2- 4" GV's, 4" meter, misc 4" piping, 4" DIP to 4" HDPE couplings, 4" Dia Manhole with lid, ring and cover, (WATER), and all other items required for the meter vault, tap, and connection to the HDPE irrigation line, provided for the Lump Sum Price of /~h /HP!%SeN~ a?J'~ GNr/ ~hq G'Y~-~G $ ~d/000- ITD 12. (Words -Lump Sum Price) (Total) Rock Excavation, excavation of rock in pipe trench over and above the normal cost of earth excavation at the specified pay trench width and depth, removal and disposal of excavated rock off the site, 100 cubic yards (estimated - - quantity for comparative bid purposes only) at: Drvt /w~.e4-eJ ~~;.s~y_,/„vr..~r/l rs a,.d $ • oa $_ 3• vn. o0 13. (Words -Unit Price) ' ho eer~S (Figures) ~~: (otal)....= '`~ Erosion Control and Drainage. Supplying all labor and materials to install and maintain all erosion control and drainage requirements in all areas during the construction of the 42" Penstock, Electrical Conduits, Intake, and all other areas of the contract per the Erosion Control and Drainage Specifications and Plan and per the City of Aspen Erosion and Control Standards (sheets( 28 to 30) provided for the Lump Sum Price of ~,~i7tii -Hier[ 3~essn,~. r/ ~!/A,re ark /7D~-JAS. $ ~ Imo' ODO •~D 14. (Word -Lump Sum Price) (Total) Material Testing. Supplying all labor and materials to provided all testing required by the contract documents, include all concrete sampling and testing for slump, air, strength and compression testing, and other typical concrete testing, ail soils compaction testing including, soil samples for creation of standard proctors, compaction tests. All test to meet STM, AWWA, AASHTO, CDOT (2005 Standards for 00400-8 0}0,66-07lOI2010 Item Amount # Description. Approximate Quantity and Unit Price of Bid Road and. Bridge Construction), COA road standards, all tests required to guard against unsuitable materials or defective workmanship, and other testing pr Special Conditions Section 17 "Material Testing and Certificates° for the Lump Sum Price of ~~=.~j, _ o,-,~ o/ /l rs ~ d ~ ceps $ ®71, oaD o0 15. (Words -Lump Sum Price) (Total) Removal and Replacement of Security Fence: Includes furnishing all labor and materials to remove the existing security fence in the area around the Intake Structure an Meter Vault including fence and posts. Replacing Security Fence along the alignment shown on the drawings and as directed by the COA, including the providing and installation of the new access gate on top of the new Intake Structure per the drawings. 400, LF (estimated quantity for comparative bid purposes only) at per LF. yy ~3R L ) 16. y~v 7Lii~YV -Sur ~/~/ars ~+,.. o~ ~ $ .~G-Ob $ /~O . oD (Words -Unit rice) ~t+~-~s (Figures) (total) Cut-Off Trenches: Includes furnishing all additional labor and materials to install clay Cut-off Trenches in the typical pipe trench as detailed in the trench section on the Vault and Pipe Detail sheet in addition to the normal pipe trench requirements as detailed in Item 1 and 1A. To be installed per the drawing or engineers discretion. 20 ea (estimated quantity for comparative bid purposes only) at per each. ~Q J~.tdWxes. o~ l7 f~C ~rlrvrr~ic.~ ~R~~ $,r O(~• f7b $ SOS ~OC7.OG 17. (Words -Unit Price) sts.d !tea Cews ( figures) -= (Totdl)=;~t;°' Thomas Reservoir Intake Structure. Supplying all labor and materials to layout and construction of concrete super structure excavation and backfill, retaining walls, roof, doors, and all other architectural features of the new Energy Center intake structure and metering vault, installation of all equipment including all piping, meters, valves, sluice gates and operators, hatches, screens, stairs, ladders, doors, 00400-9 0&3.65-07/32010 Item # D~scriotion Aooroximate Quantity and Unit Price HVAC and ail other items required for the intake and meter vault, coordination with COA electrical and controls contractors, (Controls by COA), testing and operation of all installed equipment Including all other construction as shown on drawings, including all 6" and 42" piping as shown on the drawings to ~ 5' outside structure, including 4" drain line to daylight, ballards, connections to Penstock piping, dewatering for meter vault and intake structure in Reservoir, coordination with COA on Reservoir draining, cut off walls, and all other required items; Installation and testing of all interior and exterior piping and piping appurtenances, and all other items needed to complete the working installation of intake and meter vault as detailed and specified on the drawings and in the specifications, for the Lump Sum price of: ~iYt /r~vvtr/re ~ JCh....~r : Stve.,. f~~+~5~c..-d d©//v..-~ rtNd tiv Crr.JtS. (Words -Lump Sum Price) BID PROPOSAL TOTALS Schedule "A" 42"PENSTOCK Amount of Bid S .~ 77, ovv. ao (Total) Alternative 1 - 42" Welded Steel -Total Items 1.1A-16, $ iJ/p i3 „/ excluding 1.1A,1.1B, and 1.1C (Total) Alternative 2- 42" Restrained Jofnt DIP - Totai Items $ f~Z~•~ 1.2A, 1.2B, 1.2C, and 2-16 (To al) Schedule "B" -Thomas Reservoir Intake Structure $ S 77' mb ~ (Total) 00400-10 o~-ass-ozruzo~o Item # Description. Approximate Quantity, and Unit Price TOTAL SCHEDULEs "A" & "8"Alt 1 Steel TOTAL SCHEDULEs "A" & "8"Alf 2 DIP Amount of Bid $ ~m a. ~ Total $ zj 3z 4, 7zG.aa Total 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: Douglas Joel Arnold ,Title: Vice President Full name signature: Company address: Western Summit Constructors, Inc. 5470 Valley Highway Denver, CO 80216 State of Incorporation: New Mexico Telephone number: (303) 298-9500 Fax number: (303) 298-9501 Attested by: Kare~abro, Assistant Secretary 00400-11 OYO.SS0710/2010 Travelers 105393439 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: Thatwe, the undersigned, as, Western Summit Constructors In havingalegalbusineSS nno s ame address 5470 Valley Highway Denver, CO 80216 at a Corporation as Principal, hereinafter called °Prncipai", and qpo on, a p, m rv Travelers Casualty and Surety Comnanv of America ama One Tower Square 4CR Hartford, CT 06183-7340 a corporation organized under the laws of the State of. Connecticut ,and qualified to transact business in the State of Colorado, hereinafter called °Sureiy', are held and firmly bound unto the City of Aspen, a Colorado home rule municipality, as Obligee, hereinafter called °City", in the amount of: Two Million Three Hundred Twenty Six Thousand in lawful money of the United States for payment whereof Principal and Surety bind themselves. executors, administrators, successors and assigns, jointly and severally, firmly unto these present WHEREAS, Principal has by written agreement dated February I F 2010, entered into a contract with City for Castle Creek Energy Center -42" Pipeline and Thomas Reservoir Intake Structures iri 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 well, truly and faithfully perform its duties, ail the undertakings, covenants, terms, conditions and agreements of saki Contract during the original tens thereof, and any . extensions thereof which may be granted by the City, with or without notice to the Surety and during the guaranty period, and if Principal shall satisfy ail 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 foil 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 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 conditons, 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 detenmination by the City and Surety jointly of the lowest responsible bidder, arrange for a wntract 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 to Principal under the Contract and any amendments thereto, less the amount properly paid by City to Principal. PB1-971.doc "' PB1 Page 1 (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- 108, C.R.S., as amended. 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 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 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 theuse of any person or corporation other than the City named herein or the employees, agents, administrators or successors of City. SIGNED AND SEALED this 19th day of F hri ^ ~ , 2010. PRINCIPAL: Western Summit Constructors, Inc. (sea/ ~ ~-, By: ~,1 Attest: ~/G ~ '~.l ir`,~ u~%/I rZ Ter / C sgaard aren D. Calabro Title: P ident Assistant Secretary SURELY: Travelers Casualt and Suret Com an of America (seal) i B . Attes . ~ ~ dy C milletti Patricia E. O ear Tdl. Attorney-in-Fact 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. P81-971.doc "P81 Page 2 Travelers 105393439 PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned, as, Western Summit Constructors, Inc. havingalegalbusiness m s ane address at 5470 Vallev Hiehway~~Dpen~re~ra. CO 80216 , a Corporation , as Principal, hereinafter called "Pdncipal", and wpo rs p, or n ua Travelers Casualty and Surety Company of America ___ , Sure s ame "One Tower Square 4CR Hartford, CT 06183-7340 a rase a corporation organized under the laws of the State of Connecticut ,and quaified 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 Two Million Three Hundred Twenty Six Thousand Seven Hundred Twenty Six Dollars & NO/100***************** ($2.326.726 ), 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 February 16 , 2010, entered into a contract with the City for a project entftled: Castle Creek Energy Center - 42" Pipeline and Thomas Reservoir Intake Structures (project no.2009-108) 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 required 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 construed to include that part of water, gas, power, light, heak oil, gasoline, telephone servile 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 pertormed or materials were fumished 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 contmct with the Pdncipal 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 pertormed 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 claimed and the name of the party to whom the materials were fumished, or for wham the work of labor was done or performed. Such notice shall be served by mailing the same registered mail or certified mail, 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. YBt-977.doc "Y61 Page: 1 (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 competentjurisdiction in and forthe 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 forthe 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 bond 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 19th day of February .2010. PRINCIPAL: Western Summit Constructors, Ingseal) Terrr~yy a sgaar~- Karen D. Calabro Title: Pre6'ident Assistant Secretary Travelers Casualty and Surety Company of America (seal) y ~L. CAmilletti Patricia E. Attornev-in-Fact NOTE: Accompany this bond with certified wpy of General Power of Attorney from the Surety Company to inGude 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. Y61-971.doc '"Y81 ~ Pege:2 Travelers 105393439 MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS, That we, the undersigned, as Western Summit Constructors, Inc. , of Denver. CO , as Pdncipal, hereinafter referred td as "Principal", and Travelers Casualty and Surety Comoanv of a corporation organized under the laws of the State of Connecticut ,and quauneo to transact business In the State of Colorado, as "Surety" are held and flrmly bound unto the City of Aspen, Colorado, as obligee, hereinafter referzed to as "City," in the penal sum of Two Million Three Hundred Twent Six T Dollars Dollars ($ 2.326.726.00 ), lawful money of the United States of America, for the Payment o which :sum, well and truty 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 Pdncipal has entered into a written Contract with the obligee dated February 16 , 2010, for fumishing all equipment, labor, tools and materials for. Castle Creek Energy Center -d2" Pipeline and Thomas Reservoir Intake Structures 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'd the said Principal shall well and Duly 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 ail 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 protecflng same, or from any improper or defective equipment of materials used iri-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 tt to be froe 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. MBt-971.doc "MB1 Page: 1 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 19th day of Febru~, 2010. PRINCIPAL: Western Summit Constructors. Tnc. (seal gy; ~~!~~~~ Attest ~' ~ C ~ ~~ Terr Car gaard aren D. Calabro Title: prP~;r~P„+ Assistant Secretary SURETY: Trave (seal) gy: - Attestr;~ ody L. amilletti Patr Title: Attoreny-in-Fact (Accompany this bond with cerified copy of General Power of Attorney from the Surety Company to include the date of the bond.) MB1-971.doc "M61 Page: 2 ~~. POWER OF ATTORNEY TRAVELERS J Farmington Casualty Company S[. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surely Company o[America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company p (~ [ Attorney-In Fact No. 222123 Certificate No. O O 3 4 8 9 5 O 3 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, S[. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company aze wrporations duly organized under [he Taws of the S[a[e of Minnesota, [ha[ Parming[on Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are wrpomtions duly organized under [he laws of the S[~te of Connecticut, [ha[ United Stales Pideliry and Guazanry Company is a corporation duly organized under the laws of the State of Maryland, that Pideliry and Guazanry Insurance Company is a wrporation duly organized under the laws of [he Sm[e of Iowa, and that Pidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under [he laws of [he Sm[e of Wisconsin (herein collectively called [he "Companies"), and that the Companies do hereby make, constitute and appoint Jody L. Camilletti, and Patricia E. O'Leary of the City of S[eamb0at $DCIIIjrS ,State of Colo[ado ,their we and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, [o sign, execute, seal and acknowledge any and all bonds, recoguizances, conditional undertakings and other writings obligatory in [he nature [hereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of connacts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITH Fe NazEREOF, the Comp2U10 ave caused this insWment to be signed and their corporate seals [o be hereto affixed, [his l lth day of y , Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company S[. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company <,.E , cs ~ a vx xr `~.` oa. ,xo rI~ 2 gU ll. J L Q\.-.. ~.+.,U,G J"•~uA9 IrP ~A~ #,N°0M6 ~ NtnPolttl® j4oc>an,re<A °tic^voA<r~~n P .~$ tse: 0 7977 - ~. - im is _ stairono, watra% t .. 1Oi ~ 1951 ~om ~.SE AL 'o i S8ALr rO" mat c m BBb ~ ,. ~ gip' e ~~ O °'!. "` a~ '~2,w~\ 6.......-~ael ,6 rE' btu State of Connecticut City of Hartford ss. sy: Georg Thompson, nior ice Presides[ On this the ~ ~ th day of FP.brUflfy 2010 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Pidelity and Guaranty Insurance Company, Pideliry and Guaranty Insurance Underwriters, Inc., SL Paul Fire and Marine Insurance Company, SL Paul Guardian Insurance Company, SL Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and [ha[ he, as such, being authorized so ro do, executed the foregoing instmmen[ for the purposes therein contained by signing on behalf of [he corporations by himself as a duly authorized officer. ~p,TlT~ In Witness Whereof, I hereunto se[ my hand and official seal. TM My Commission expires [he 30th day of Iuue, 2011. # '0f1lL\os Mazie C Te[reaul[, Notary Public 58440-4-09 Printed in U.S.A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boazds of Directors of Farrington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, SL Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Pidelity and Guarenty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, drat the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corpom[e Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of dre Company and may give such appointee such authority as his or her certificate of authority may prescribe [o sign with [he Company's name and seal with [he Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the namre of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that dre Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, [ha[ any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, [he Corporate Secretary or any Assistant Secretary and duly attested and sealed with [he Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to [he power prescribed in his or her certificace or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that [he signamre of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of [he Company may be affixed by facsimile to any Power of Attomey or m any certificate relating [hereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attomey or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect [o any bond or understanding [o which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Pau] Fire and Marine Insurance Company, SL Pau] Guardian Ipsurance Company, SL Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and Uniter~ Siptes Ftdehtyand Gu$rynty Company do hereby certify that the above and foregoing is a [me and correct copy of [he Power of Attomey executed by said Com(tapiec, whmhi9 m full force grid effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and a`FRttedthe se3Ls of said Csompanies this _J t=day of , 20 L. C-~~ ' ~ Kori M. Johann Assistant Secretary ~GyyP.SyU~,rEf f\PE y~ e0%^~'I PS((Pf Jp~.,XS4q,~ Jlvl Iry44 ~wlp~ ~~ OS G f1 §, n OXXPAp Qr` POR9J . {' ' 1 h rs~: g 1977 1 ,SEAL /e' ~ 8xL%: ~+~' ~ N eea ybO` ~ ~~ ~4PXUCE CO a S,.r+L~ "e~...~.~.~~a^ +OE ~~ O r To verify the authenticity of [his Power of Attomey, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond [o which the power is attached. WARNING: CERTIFICATE OF INSURANCE Date: 2/23/10 PRODUCER (970)-870-0749 Fax: (970)-870-0548 COnhaCYOr IHSI htS LLC THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO g RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND PO Box 774987 EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Steamboat Springs, CO 80477-4987 COMPANIES AFFORDING COVERAGE Western Summit Constructors, Inc. COMPANY LETreR A Zurich America Insurance Company 5470 Valley Highway coMPANY LETTER B American Guarantee & Liability Insurance Company Denver, CO 80216 corYlpANY LETTER c TBD COVERAGES THIS IS TO CERTIFY THA7 THE POLICIES OF MSUAANCE LISTED BELOW HAVE BEEN ISSUED TO THE MSURED NAMED ABOVE FOR THE POLICY PEROD INDICATED , NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OP ANY CONTRACTOR OTHER DOCUMEM W[TH RESPECT 70 WHICH 7HIS CERTIFICATE M4Y BE ISSUED OR MAY PERTAM, TFIE INSURANCE AFFORDED BY TE{E POLICIES DESCRIBED HEREIN IS SUBIECT TO ALL THE TERMS, EXCLUi10NS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co LTR MCOE N'SUMNCC POLICY NUMCEE EFPECER'E EXPIMTION LIMITS DAIS pATE A GENERAL LIABILITY GENERAL AGGREGATE $10,000,000 X COMMERCIAL GENERAL PRODUCTS-COMP/OP AGG. $10,000,000 -CLAIMS MADE X OCCUR PERSONAL & ADV MJURY 55,000,000 _OWNER&COFTRACTOR GL04641069 03/01/2008 03/01/2010 EACH OCCURRENCE 55,000,000 PROTECTIVE FIRE DAMAGE ) (Ea Occurrence $5,000,000 X XCU MED EXPENSE (Any 1 persov) $5,000 X CONTRACT LIABILITY GEN'L AGG LIMIT APPLIES PER: X PROJECT A AUTOMOBILE LIABILITY COMBINED SMGLE LIMIT $5,000,000 x ANY AUTO OR _ALL OWNED AUTOS BAP 4641070 03/012008 03/01/2010 BODB,Y [NNRY (Per person) SCHEDULEDAUTOS -HIRED AUTOS BODILY nJJURY (Per awident) -NON-OWNED AUTOS PROPERTY DAMAGE B EXCESS LIABILITY AUC 9141395 03/012008 03/01/2010 EACH OCCURRENCE $15 000 000 OCCUR CLAIMS MADE AEC 5965269 03/012008 03/012010 , , DEDUCTIBLE $ AGGREGATE $15,000,000 RETEFITION S A WORKERS'COMPENSATION EWS4641067 03/01/2008 03/01/2010 AND EMPLOYER'S LIABILITY EW54641068 03/01/2008 03/01/2010 XWC StaNwrylimits EL EACH ACCIDENT $2,000,000 EL DISEASE-EACH EMPLOYEE $2,000,000 EL DISEASE-POLICY LIMIT 52,000,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL Job No. 350012: Castle Creek Energy Center 42" Penstock and Intake Structures. When required by written contract, c ertificate holder is additional insured except on worker comp policies are primary, non-contributory, allow se , verability and permit waiver of subrogation. CERTIFICATE HOLDER CANCELLATION Should any of the above described policies be canceled before the expiration dale thereof, the issuing City of Aspen company will mail 30 days written notice to the certificate holder named to the left. 130 S. Galena Street Authorized Representatlve Aspen, CO 81611 /, °~ r~...e CERTIFICATE OF INSURANCE 2/23/2010 PROD UCER (970)-870-0749 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO CODtrdC2Or IDSIghYS LLC RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTJFICATE DOES NOT AMEND EXTEND PO Box 774987 OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Steamboat Springs, CO 80477-4987 Fax: 970-870-0548 COMPANIES AFFORDING COVERAGE COMPANY LETTER A Zurich America Insurance Company Western Summit Constructors, Inc. 5470 Valley Highway coMPANYLETTER B American Guarantee & Liability Insurance Company Denver, CG 80487 COMPANY LETTERC TBD COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF WSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE W SURED NAMED ABOVE FOR THE POLICY PERIOD WDICATED, NOTWITHSTAFIDWG ANY REQUDtEMEM, TERM OR CONDITION OF ANY CONTRACT OA OTHER DOCUMEM WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAW, THE W SURANCE AFFORDED BY TEIE POLICIES DESCRB3ED HEREW IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIIvIITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLABv1S. co ,,TR MCOP OISURANCR POLICY NUMRCR EFFECIIVR C%PIRATION L1M115 DATL DATF A GENERAL LIABILITY GENERAL AGGREGATE 510,000,000 X COMMERCW.GENERAL PRODUCTS-COMP/OP AGG. SI0,000,000 CLAIMS MADE x OCCUR PERSONAL & ADV PIJURY SS 000,000 OWNER & CONTRACTOR GLO 4641069 03/012010 03/012013 EACH OCCURRENCE b5,00Q000 PROTECTIVE FIRE DAMAGE (Ea Occurtence) $S,OOQ000 X XCU IvfED EXPENSE (Any 1 person) $5,000 X CONTRACT LIABILITY Gen'1 Aggregate Imit applies per: X Project A AUTOMOBILE LIABILITY COMBINED SINGLE LIIvIIT $5,000,000 x ANY AUTO OR ALL OWNED AUTOS BAP 4641070 03/012010 03/012013 BODILY WIURY (Per person) SCHEDULEDAUTOS HIRED AUTOS BODILY INJURY (Per accident) NON-OWNED AUTOS _GARAGE LIABILITY PROPERTY DAMAGE B EXCESS LIABILITY AUC 9141395 03/012010 03/012013 EACH OCCURRENCE 55,000,000 Occur Claims Made Deducdble AGGREGATE $5,000,000 Retention S A WORKER$'COMPENSATION X^ WC StaNtory limits ^ Other AND EMPLOYER'S LIABILITY EW54fi41067 03/012010 03/012013 EACH ACCIDEM S2,OOQ000 EW54b41068 DISEASE-POLICY LIMIT S2,OOQ000 DISEASE-EACH EMPLOYEE $2,000,000 DESCmPTION OF OPERATIONSLOCATIONS/VEHICLES/SPECIALlTEMS Job No. 350012: Castle Creek Energy Center 42" PenStOCk and Intake Structures. When required by written contract, certificate holder is additional insured except on worker comp, policies are primary, non-contributory, allow severability and permit waiver of subrogation. CERTIFICATE HOLDER CANCELLATION City of Aspen Should any of the above described policies be canceled before the expiration dae thereof, the issuing company will mail 30 days written notice to the certificate holder named to the left. 130 S. Galena Street Aspen, CO 81611 GJ tl Authorized Representa ve MARSH CERTIFICATE OFI NSURANCE 'F'C"TE"DMBER ° ;~ "'°°""' 3 ,0 U 13 ,5,6;,5 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Marsh USA InC. ALTER THE COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIN. P.O. Box 419105 Kansas City, MO 64141-6105 Attn: CSS Ph: 616-556-4290 Fx: 816-556-4299 COMPANIES AFFORDING COVERAGE INSURED COMPANY A: Lexin ton Insurance Com an Western Summit Constructors InC , COMPANY B: 5470 Valley Highway COMPANY C: Denver, CO 80216 COMPANY D: COMPAMY E: COVERAGES This certificate su ereedes and re laces an reviousl issued certificate for the olic eriod noted below. THIS IS 70 CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATON LTR TYPE OF INSURANCE POLICY NUMBER DATE MMIDD/W GATE MMIDD/YY LIMITS GE NERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ CLAIMS MADE ~ OCCUR PERSONAL 8 ADV. INJURY $ OWNER'S 8 CONTRACTOR'S PROT EACH OCCURRENCE $ FIRE DAMAGE An one fire $ MED EXP An one arson $ AU TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANV AUTO BODILY INJURY ALL OWNED AUTOS Per Person $ SCHEDULED AUTOS BODILY INJURY HIRED AUTOS Per accitlent $ NON-OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND X • qv uN s ea EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ THE PROPRIETOR/ INCL E.L. DISEASE-POLICY LIMIT $ PARTNERSIEXECUTNE OFFICERS ARE: EXCL E.L. DISEASE-EA EMPLOYEE $ OTHER "all risk" inGuding Flootl antl Earthquake A Buildl:rs Risk 21437953 04/22/10 10/01/2010 Contract Value $2,326,726.00 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS (LIMITS MAV BE SUBJECT TO DEDUCTIBLES OR RETENTIONS) Coverages and amounts shown above along with the naming of certificate holder as an additional insured with a waiver of subrogation shall apply to the extent required by written contracts between the insured and the certificate holder GER7t~IGATE NQLt>ER'' ' .: : ' _, :' ,i ., ~ANGELLATtGN .. ; i City of Aspen SHOULD ANV OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE 130 South Galena Street THEREOF, THE ISSUING INSURER WLL ENDEAVOR TO MAIL 3O OAVS WRITTEN NOTICE TO Aspen CO 81611 , THE CERTIFICATE HOLDER NAMED TO THE IEFT, BUT FAILURE TO W SO SMALL IMPOSE NO OBLIGATION OF LIABILITY OF ANY HIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. IMRBH U8A INC. die ~ etilq r- ~ . S~aourl IB~urmc~ CwBtAnljo~t9T~ BY: .. MM1i9N91 VALID A9 ~:laruarv is 3010 ; Z n~ch American Insurance Company COMMERCIAL AUTO POLICY NUMBER gg~ 4641070 06 CA 20 48 D2 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under [he following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With rospect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by [his en- dorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An insured Provision of the Coverage Form. This endorsement does not alter coverage provided in [he Coverage Fnrm. Phis endorsement changes the policy effective on [he inception date of the policy unless another date is indicated below Endorsement Effective: Countersigned By: 'i 3-O1-2009 Named Insured: ~ _,~~ TIC The Industrial COm an ~j 7~~ puthorizm Acprcacnweioc] SCHEDULE Name of Person(s) or Organization(s): ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE AGREED, THROUGH WRITTEN CONTRACT, AGREEMENT OR PERMIT, EXECUTED PRIOR TO THE LOSS, TO PROVIDE PRIMARY ADDITIONAL INSURED COVERAGE- (If no entry appears above, information required [o complete this endorsement will be shown in the Declarations as applica- ble [o the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but on]y to [hc a#eat that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section 11 of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 O nnawr coax POLICY NUMBER: GLO 4641069 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Addtional Insured Person(s) Or Or an'rzation s : Locations Of Covered O erations ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE AGREED, THROUGH WRITTEN CONTRACT, AGREEMENT OR PERMIT, EXECUTED PRIOR TO THE LOSS, TO PROVIDE ADDITIONAL INSURED COVERAGE. Information re wired to com late this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to Include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for °bodily injury', 'property damage' or 'personal and advertising injury° caused, in whole or in part, by: t. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insureds) at the location(s) desig- nated above. B. With respect to [he insurance afforded to these additional Insureds, [he following additional exclu- sions apply: This insurance does not apply to "bodily injury" or 'property damage' occurring after: t. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the addttional insureds) at the location of the covered operations has been completed; or 2. That portion of °your work° out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor engaged in performing operations fora princi- pal as a part of the same project. CG 20 70 O7 04 ©ISO Properties, Inc., 2004 Page 1 of 1 ^ INSURED COPY