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HomeMy WebLinkAboutresolution.council.078-20 RESOLUTION 478 (Series of 2020) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND SHAW CONSTRUCTION AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council an Owner- Construction Manager agreement between the City of Aspen and SHAW Construction, a true and accurate copy of which is attached hereto as "Exhibit A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves the agreement between the City of Aspen and Shaw Construction, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 8th day of September, 2020. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held September 8, 2020. Nicole Henning, City Clerk The City of Aspen Owner Controlled Insurance Program EXHIBIT A—OCIP ADDENDUM to the AIA A102 Standard Form of Agreement between Owner and Contractor based on the Cost of the Work plus a Fee with a Guaranteed Maximum Price,dated September 8,2020 INSURANCE REQUIREMENTS AIA Document A201, A201, Sections 11.1 and 11.3 - General Conditions of the Contract for Construction, shall be supplemented by this Exhibit and the insurance provided herein. To the extent that there is conflict between these documents the stricter document will apply. INTRODUCTIONS/DEFINITIONS Capitalized terms not otherwise defined in this Exhibit shaft have the meanings assigned to them in the Agreement. Contract: means 0 a written agreement between Owner and Contractor for performing Work on the Project, and/or (ii)with respect to any Subcontractor, any written agreement between a Contractor and such Subcontractor for performing Work on the Project. Contractor: means the person or entity awarded the Contract to provide construction services for the Project,including General Contractor and Subcontractors of every tier. General Contractor:TBS Insurance Representative and Project OCIP Administrator:means the entity or individual designated by Owner to represent its interest in the OCIP through the coordination of enrollment,claims and other OCIP activities,as well as monitoring for compliance to OCIP policies,procedures and guidelines. Owner: means the City of Aspen, their agents, employees, representatives, officers, directors, principals, members, managers, shareholders, joint ventures, partnerships and/or related or affiliated persons and entities of every tier, successors and assigns.Owner further means the Owner of the Property regardless of the entity name as set forth in the Contract. Owner-Controlled Insurance Program (OCIP): means an insurance delivery method that assures Contractors on the Project arc insured for Commercial General liability and such other coverage as the Owner may in writing specifically add or delete for the Project. Project: means the construction of the Burlingame Ranch Phase 3 Project and adjacent areas where incidental Work is being performed,excluding permanent locations of the Insured other than the Owner(s). Project Site: means the physical location of Work to be performed on the Project as described in the Contract. Subcontractor:means an eligible individual or entity having a direct contract with General Contractor or with any other Subcontractor for performing any part of the Work at the Site. Work:means all activities required to be conducted by Contractor to fulfill its obligations under the Contract. This Exhibit outlines the Insurance applicable for: 1. Owner Controlled Insurance Program(OCIP) 2. Contractor Obligations-OCIP 3. Contractor Provided Insurance—Required 4. Contractor Obligations 5. Insurance Requirement for Other Work Related Parties 6. Alternate Insurance 7. Subrogation and Waivers 8. Evidence of Insurance 9. Miscellaneous Page l of 13 The City of Aspen Owner Controlled Insurance Program EXHIBIT B—OCIP ADDENDUM 1. OWNER CONTROLLED INSURANCE PROGRAM(OCIP) The Project shall be subject to an Owner Controlled Insurance Program ("OCIP'). Owner,acting directly or through its authorized designee shall administer the OCIP. Prior to commencement of the Work,Owner,at its sole option and cost,shall secure and thereafter,except as otherwise provided herein, maintain at all times during the performance of this Contract, the insurance specified herein, with Owner, General Contractor, Subcontractors, and such other persons or interests as Owner may designate as eligible insured parties with limits not less than those specified below for each coverage. Owner provided Insurance to the Contractor shall apply only to Contractors who are eligible and have completed the enrollment process,complied with the insurance requirements herein,and received notification of enrollment from the Project OCIP Administrator. Owner reserves the right to exclude any Subcontractor from the OCIP. Except as specifically provided herein, Contractor shall be responsible for ensuring compliance with all OCIP requirements described herein for Contractor and its Subcontractors at any tier. Contractor shall provide its eligible Subcontractors with all documentation related to the OCIP. Contractor will receive a Project Insurance Manual as a part of this Exhibit as developed and published by Owner's Insurance Representative,which will include a summary of the insurance coverage and the programs loss control, administrative and claim procedures and requirements. The Project Insurance Manual will also include enrollment forms and reporting requirements for the OCIP. Contractor shall use and comply with the Program Insurance Manual which shall be incorporated by attachment to this Contract, and as may be amended. Owner provided Insurance shall not apply to vendors, suppliers, material dealers,haulers and/or independent haulers,and others who merely transport,pick up,deliver or carry materials,personnel,parts or equipment,or any other items or persons to or from the Project Site. Subcontractors providing on site hauling services with dedicated payroll will be considered eligible for enrollment at Owner's discretion. The Project Site will include adjacent areas or nearby described tracts of land where incidental operations, related to the Work, are performed, excluding permanent locations of any insured party other than Owner. The OCIP shall not apply to the operations of Contractor or any Subcontractor at their offices, factories or warehouses. The cost of the OCIP Insurance specified above to be obtained by Owner will be paid for by Owner, and Owner shall receive and pay,as the case may be,all adjustments in such costs,whether by way of dividends or otherwise. Owner shall execute such instruments of assignment as may be necessary to permit Owner to receiver such adjustments and shall cause Contractor and all Subcontractors covered by such insurance to do the same. The furnishing of insurance by Owner shall in no way relieve, limit,or be construed to relieve Contractor of any responsibility or obligation whatsoever otherwise imposed by the Contract. Owner assumes no obligation to provide insurance other than that specified herein. However,Owner reserves the right to furnish additional insurance coverage of various types and limits. 1.1 Commercial General Liability(Carrier) $1,000,000 Bodily Injury and Property Damage—Combined Single I reit Per Occurrence $2,000,000 General Aggregate $2,000,000 Completed Operations Aggregate Page 2 of 13 The City of Aspen Owner Controlled Insurance Program EXHIBIT B—OCIP ADDENDUM The Policy limits are shared by all Contractors/Subcontractors enrolled in the OCIP and are exclusive to this Project. Policy Exclusions—(Example Policy Forms—policy provided upon written request) COVERAGE A BODILY INJURY AND PROPERTY DAMAGE IdA$ILITY Exclusions: ❖ Expected or Intended Injury to Contractual liability $ liquor Liability :• Workers'Compensation And Similar Laws 0 Employer's Iiability ❖ Pollution ^0 aircraft,Auto Or Watercraft 000 Mobile Equipment $ War •:• Damage To Property—modified or deleted by endorsement -0 Damage To Your Product-modified or deleted by endorsement 4• Damage To Your Work-modified or deleted by endorsement 4• Damage To Impaired Property Or Property Not Physically Injured ? Recall Of Products,Work Or Impaired Property ♦% Personal and advertising Injury %% Elcctronic Data COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY Exclusions: As Knowing Violation Of Rights Of another 4• Material Published With Knowledge Of Falsity fi Material Published Prior To Policy Period �• Criminal Acts •f Contractual liability 4► Breach Of Contract Quality Or Performance Of Goods—Failure to Conform to Statements 401• Wrong Description Of Prices ♦** Infringement Of Copyright,Patent,Trademark Or Trade Secret 40- Insureds In Media And Internet Type Businesses d• Electronic Chatrooms Or Bulletin Boards Distribution of Material in Violation of Statues Unauthorized Use Of Another's Name Or Product 40- Pollution fi Pollution-Rclated •*o War COVERAGE C MEDICAL.PAYMENTS Exclusions: 4• Any Insured 4- Hired Person fi Injury On Normally Occupied Prcmises Workers Compensation And Similar Iaws 4• Athletics Activities 0 Products-Completcd Operations Hazard 41 Coverage A Exclusions Additional Policy Endorsements Endorsements: Page 3 of 13 The City of Aspen Owner Controlled Insurance Program EXHIBIT B—OCIP ADDENDUM 0 larnits of Insurance 4* Named Insured Amended s* limitation of Coverage to Designated Project ❖ Amendment Property Damage 40 Extended Completed Operations :• Service of Suit 41 Signature Endorsement ❖ Minimum Earned Premium and Premium Audit Premium Endorsement fi Additional Insured—State or Political Subdivision Permits-Blanket 0 Additional Insured—Mortgagee,Assignee,or Receiver-Blanket 'G Additional Insured—Lessor of Leased Equipment—Automatic Status When Required �* Deductible l.iabiGty/SIR Endorsement ❖ limited Coverage Repair Work �• Trade or Economic Sanctions Endorsement rt Disclosure Pursuant to Terrorism Risk Insurance Act •:• Cancellation Provision Endorsement—Manuscript •� Claims Directory—Duties in Event of an Occurrence,Offense,Claim or Suit Additional Policy Exclusions Exclusions: •r Nuclear Energy Inability Exclusion •t• Asbestos Exclusion A. War Wrap-Up Cross Suits Excl.—Amendment-exception First Named Insured :• Designated Work—Condo Conversion ❖ Designated Ongoing Operations (Scheduled Location excluded) •: Damage to Premises Rented to You ❖ Lead Exclusion fi Discrimination 'l• Exclusion—Coverage C—Medical Payments: Any Location or Job Site d• Employment-Rclated Practices Exclusion ❖ Fungi or Bacteria Exclusion ,010 Exclusion—Exterior insulation and Finish Systems f• Property Damage to Designated Project During the Course of Construction •:• Waiver of Transfer of Rights of Recovery Against Others to Us 4*'• Silica or Silica-Rclated Dust Exclusion 0 Total Pollution Exclusion with Hostile Fire Exception 4.* Exclusion—Contractors Professional Liability(CG 2279) %4 Violation of Statues that Govern Emails,Faxes,Phone Calls or Other Methods of 0 Sending Material Information The Commercial General liability policy shall be part of the OCIP,and shall include, but shall not be limited to a standard Commercial General liability Insurance policy or equivalent, including Bodily Injury, Property Damage,Personal Injury•and Completed Operations covering operations at the Project Site for Contractor and enrolled Subcontractors shall be provided. An eight(8)year extension (the earlier of 8 years or the Statute of Repose and limitations) of the Completed Operations liability coverage will begin upon the earlier of expiration of the Commercial General liability policy or Substantial Completion. This insurance will not extend products liability coverage for any product manufactured away from the Project Site. General Contractor will be responsible for repayment of any deductible for Bodily Injury or Property Damage up to 510,000 per occurrence (the Policy deductible amount) to the extent loss costs (including allocated loss adjustment expense)payable are attributable to its acts or the acts of its Subcontractors,or any other entity or person for whom it may be responsible,with no increase in the Contract amount. Page 4 of 13 The City of Aspen Owner Controlled insurance Program EXHIBIT B—OCIP ADDENDUM To the extent losses covered and payable under the OCIP arise out of,or arc the responsibility of the General Contractor's Subcontractor(s) of any tier, General Contractor may seek contribution from those Subcontractor(s) in an amount equal to the self-insured retention or deductible amount under the Subcontractor's own conventional General liability Insurance Policy in effect at the time of enrollment into the OCIP, but in no case may the General Contractor collectively collect more than the per occurrence deductible of$10,000 for the occurrence which is the contractual responsibility of the General Contractor. 1.2 Excess Liability(Carrier) $10,000,000 Each Occurrence $10,000,000 Policy Aggregate Coverage is in excess of the primary Commercial General liability and Employer's liability. Such Excess Iiabiliry Insurance will be primary and non-contributory as to any other excess insurance the parties hereto may have in force. An eight(8)year-extension(the earlier of 8 years or the Statute of Repose and limitations) of the Completed Operations liability coverage will begin upon the earlier of expiration of the Commercial General Liability policy or Substantial Completion. This insurance will not extend products liability coverage for any product manufactured away from the Project Site. The Excess Liability policy(s) include exclusions applicable to the primary CGI.policy,and further may carry exclusions for uninsured motorist,first party auto,punitive damages,ERISA,fellow employee claims and suits, foreign claims and suits,discrimination,violation of economic and trade sanctions,and organic pathogen,mold and fungus.The actual exclusions arc set forth in the excess OCIP policies of the carrier(s). I+nits ourfined above may he saricfied in various eQmhinations with an Umbrella/Excess o i % 1.3 Contractor's Pollution Liability—(General Contractor required should Owner not purchase) $3,000,000 Per Claim/Per Project Claims Expenses(including Defense Costs)within limits. Coverage will include Bodily Injury or Property Damage from a pollution event as defined within the policy form resulting from covered operations or completed operations of the covered operations. Owner will be responsible for payment of any premium associated with this coverage as well as any deductible, and assumes responsibility for any loss associated with the activities of any Contractor performing Work at the Project. This coverage requirement does not limit the responsibility of the Contractor or limit the liability associated with a claim as a result of the activities of the Contractor. 1.4 Builder's Risk(Carrier)—(General Contractor required should Owner not purchase) A Completed Value Special Perils("All Risk')policy form on behalf of the Owner and the Contractor(s). Such policy shall include sublimits for transit and off-site storage to protect the interests of the Owner, General Contractor and Subcontractors, against the risk of loss or damage to the Work during construction at the Project Site. Such policy will include a waiver of subrogation in favor of Owner, General Contractor and Subcontractors. Coverage will include all materials, supplies, and equipment that are intended for specific installation in the Project while such materials, supplies, and equipment are located at the Project Site, in transit, or while temporarily located away from the Project Site for the purpose of repair,adjustment,or storage at the risk of one of the insured parties, however the Subcontractor shall be responsible to carry adequate insurance for materials stored at their owned premises and non-project dedicated locations. POLICY COVERAGE FORM AND EXCLUSIONS: Page 5 of 13 The City of Aspen Owner Controlled Insurance Program EXHIBIT B-OCIP ADDENDUM Commercial Inland Marine-Builders Risk Coverage Form Endorsements: ❖ Extra Expense and Rental Income Endorsement 4 Elite Property Enhancement:Builders Risk-sub limits apply %t+ Builders Risk Warranties Exclusions: 404 Government Action d• Nuclear Hazard •: War and:Military Action 40 Ordinance or Law ❖ Water-modified or deleted by endorsement >r Mold Exclusion Policy Coverage Extensions(sub limits may apply): o- Fire Department Service Charges •S Valuable Papers and Records ❖ Trees,Shrubs and Plants Scaffolding and Construction Forms 40 Debris Removal g*- Pollutant Clean Up and Removal ti• flood and Earthquake(limits to be determined) This insurance will not include any other personal property, tools or clothing of workers or any tools, equipment,protective fencing, scaffolding,and equipment owned,rented,or used by Subcontractor and used in the performance of the Work.Subcontractor waives any rights of recovery from Owner,Contractor,and/or the OCIP policies insurers. This exclusion shall not apply to formwork, shoring, false work, and temporary buildings, as long as the same are not owned and insured outside the OCIP by the Subcontractor or are damaged due to a covered peril. General Contractor will be responsible for repayment of any deductible up to$10,000 per occurrence for loss or damage incurred to the Work provided the loss or damage is covered by this insurance to the extent the loss or damage is caused by the Work.To the extent losses covered and payable under the OCIP arise out of,or arc the responsibility of the General Contractors Subcontractor(s) of any tier, General Contractor may seek contribution from those Subcontractor(s). DOTE:The builders risk policy terms vary from policy to policy,and such insurance provided by Owner will be subject to such limits of liability, exclusions and deductibles as Owner may negotiate in its discretion. Contractor is advised to consult the terms of the policy to ascertain its terms. 1.5 Coverage Unless herein otherwise specifically indicated, the policies set forth in Sections 1.1 through 1.3 above will cover,only at the Project Site, those operations or employees of the insured parties performed in connection with the Work. The coverage referred to in Sections 1.1 through 1.3 will be set forth in full in the respective Policy forms. The foregoing descriptions of such policies are not intended to be complete,or to alter or amend any provision of the actual policies. In matters, if any, in which the said description may conflict with the Policy, and to the extent there are conflicts or inconsistencies,the provisions of the insurance Policy shall govern. Except for completed operations coverage, the OCIP insurance shall discontinue upon the final date a Contractor is on the Project. Coverage may also be discontinued if the Project is substantially delayed for an extended period of time,or if the Project,or the OCIP is permanently terminated. Page 6 of 13 The City of Aspen Owner Controlled Insurance Program EXHIBIT B—OCIP ADDENDUM 1.6 Excluded Property Contractor,and its Subcontractors at any tier,shall retain the risk of loss for any damage whatsoever to their equipment, stationary or mobile, tools, supplies, materials, automobiles and vehicles, highway or otherwise, cranes, and hoists or any other property owned or leased which will not be incorporated into the physical construction. If separate insurance is maintained for any property described in this Section 1.5, it shall contain a Waiver of Subrogation on the part of the insurance company in favor of Owner and all other Contractors, and Subcontractors at any tier,with respect to on Site activities. If Contractor of any tier chooses to self-insure any of the property described under this Section 1.5, it is agreed that Owner and all other suppliers and subcontractors of any tier shall be held harmless for any loss or damage to the property while on Project Site. 2. CONTRACTOR OBLIGATIONS-OCIP Contractor shall furnish each Subcontractor a copy of this Exhibit,and shall make the same requirement of all Subcontractors with respect to their subcontract or procurement procedures. The duties, obligations, and requirements of these insurance provisions shall apply to all Subcontractors with whom Contractor may contract. 2.1 Contractor Insurance Calculations Base Bid The Contractor shall submit two Bid amounts to the General Contractor for the Owner.The Base Bid amount (Base Bid) shall include your Cost of the Work plus your insurance costs for the insurance identified in Section 3, Contractor Provided Insurance— Required, with limits not less than those outlined in Section 3 of this Exhibit for all Contractors. The Contractor shall submit a second Alternate Add Bid amount, separate from the Base Bid amount (Add Alternate Bid). This amount should be the amount which the Contractor would require to be included in a Change Order to add the insurance costs which the Contractor would be required to purchase should the Owner elect,or the Contractor not be eligible, to be enrolled in the OCIP. The Owner may elect at its sole discretion to enroll the Contractor into the OCIP. Such coverage shall be equal,or equivalent to the terms and conditions of coverage in the OCIP for General Liability as outlined in Section 1.1 of this Exhibit(inclusive of coverage for Work performed at the Project Site). An Insurance Calculation Worksheet has been provided for the Contractor which will be used for verification of the accuracy of this estimate. The General Contractor shall provide additional coverage equal,or equivalent to the terms,conditions and limits as outlined in Section 1.2.1.3 and 1.4 of this Exhibit. If the Owner elects to not enroll the Contractor,or if the Contractor is deemed ineligible for enrollment, the General Contractor will be issued a Change Order to add to the Contract the cost of insurance included in the Alternate Add Bid amount so that the Contract represents the full cost of insurance without an OCIP. The Contractor may be asked to verify their total cost of insurance in their Add Alternate Bid as evidenced on their Insurance Calculation Worksheet, as provided to the General Contractor or the OCIP Insurance Administrator upon enrollment where the Add Alternate Bid amount does not appear to comply with insurance industry measurements for the cost of insurance and the type of Work to be performed. The Contractor shall be obligated to comply with any reasonable request for verification of insurance carrier or policy information,including copies thereof. Further, the Insurance Calculation Worksheet shall become the basis for adding to the Contract the cost of insurance should Owner not elect, or the Contractor not be eligible, to enroll in the OCIP or the OCIP coverage is cancelled for any mason. Page 7 of 13 The City of Aspen Owner Controlled Insurance Program EXHIBIT B—OCIP ADDENDUM Any and all change orders will be presented exclusive of OCIP related insurance as described above. If requested,an Officer of the Contractor will sign and deliver to Owner,the General Contractor and/or the OCIP Insurance Representative an affidavit attesting to the fact that all insurance as provided by the OCIP has been removed from their Base Bid amount. 2.2 Contractor Enrollment Prior to commencement of operations at the Project Site,eligible Contractor(s) shall complete a Contractor/ Subcontractor Application for enrollment into the OCIP and shall furnish and cause each Subcontractor to furnish to Owner or its Insurance Representative estimates of total construction values in connection with the Work, copies of rate pages from General liability policies, other insurance related information deemed necessary to effect and maintain coverage and to assure that Owner has received an appropriate reduction of the total insurance cost excluded from their Contract,including any markup thereon. For insurance purposes, each Contractor agrees that both it and its Subcontractors shall keep and maintain current.accurate and complete records of their work and shall furnish same to Owner,in accordance with the requirements of the insurance company or companies, permit inspection of its relevant books and records periodically by the insurance company,or Owner and their Insurance Representatives for the limited purpose of determining the value of their construction work on the Project. Contractor shall not violate or knowingly permit to be violated any condition of the politics of insurance provided by Owner under the terms of this Contract and shall at all times satisfy the requirements of the insurance companies issuing them. 2.3 Duties and Obligations of Contractor Duties and Obligations of Contractor associated with its participation in the OCIP as related to the OCIP administration and claim handling arc set forth below: .1 Accept the insurance described above and promptly furnish any information required by Owner and its Insurance Representative for enrollment. .2 Comply with the OCIP requirements which arc set forth in the Project Insurance Manual. .3 Sign a dividend release form authorizing the insurance companies providing the OCIP to pay any dividends, refunds, or returns directly to Owner. Owner shall be entitled to retain all dividends, refunds or returns. .4 Immediately report and assist in the investigation of any accident or occurrence involving injury to any person or loss or damage to property,and cooperate with the companies involved in adjusting any claim by securing and giving evidence, and obtaining the participation and attendance of witnesses required for the investigation or defense of any claim or lawsuit. Failure to comply will result in Contractor being responsible for payment of any medical or indemnity benefits, or claim costs accrued as a result late reporting,or failure to report the claim. Failure to comply with any of the above items will be considered noncompliance with the Contract and may result in remedial action, including withholding of payment, and/or removal of Contractor and/or Subcontractor from the Project Site. 3. CONTRACTOR PROVIDED INSURANCE-REQUIRED Contractor shall at all times during the period in which this Contract is in force and effect provide and maintain insurance and shall require all its Subcontractors to provide and maintain insurance of the type and in limits as set forth below. Such insurance shall be in a form and from issuing companies acceptable to Owner. The Page 8 of 13 The City of Aspen Owner Controlled Insurance Program EXHIBIT B—OCIP ADDENDUM issuing companies must have a Best's rating of A Vill or better. The insurance may be provided in a policy or policies,primary and excess,including the so-called umbrella or excess form. The limits of liability shall be as stated below, unless, prior to commencement of any Work, written approval is granted by Owner for variance from those limits. 3.1 Automobile Liability Insurance covering"any auto"or all owned, non-owned and hired automobiles. Such insurance shall provide coverage not less than that of a standard Insurance Services Office(150) Business Auto Coverage policy with limits not less than fisted below. Contractual liability,if not provided in the policy form,is to be provided by endorsement. t:enere/Contreder limit $1,000,000 Combined Single Unlit each occurrence for Bodily Injury and Property Damage .Snbtq rartor ininiMIAW/unit $1,000,000 Combine Single I.imit each occurrence for Bodily Injury and Property Damage. 3.2 Workers'Compensation For all operations Contractor shall carry Workers Compensation insurance in compliance with statutory limits for the Workers'Compensation I.aws of the State of Colorado and Employers Liability limits of not less than: $1,000,000 Each Accident for Bodily Injury• $1,000,000—Policy limit for Bodily Injury by disease $1,000,000 Each Employee for Bodily Injury by disease. 3.3 Commercial General Liability Evidence of liability insurance for premises and operations exposures of Contractor away from the Project Site (off-site) shall be provided by Contractor. Coverage to be provided in a form equivalent to the Standard Insurance Service Office Commercial General Liability Insurance policy(occurrence form)including products liability for any product manufactured,assembled or otherwise worked upon away from the Project Site. The required insurance limits may be provided through a combination of primary and excess policies,including the umbrella form of policy. Genera/Coawlor/unit $1,000,000 Each Occurrence $2,000,000 General Aggregate $2,000,000 Products and Completed Operations Aggregate .1'nbrontrrr z tninnnnur/unit 31,000,000 Each Occurrence $2,000,000 General Aggregate $2,000,000 Products and Completed Operations Aggregate 3.4 Excess Liability-General Contractor requirement :5,000,000 Each Occurrence $5,000,000 General Aggregate Page 9 of 13 The City of Aspen Owner Controlled Insurance Program EXHIBIT B—OCIP ADDENDUM Evidence of Excess Liability insurance excess of the primary Commercial General Liability, Employer's Liability, and Auto Liability exposures of General Contractor away from the Project Site (off-sire) shall be provided by the General Contractor. Such Excess shall be primary and non-contributory to any other excess insurance the parties hereto may have in force. Iimits outlined above max he satisfied in various rntrihinntinns within lmhr Ila/ .x c o i v. 3.5 Environmental and Asbestos Abatement Coverage Should the Contractor's work involve the removal of asbestos,the removal/replacement of underground tanks or the removal of toxic chemicals and substances, Contractor shall be required to provide adequate coverage, with limits not less than$2,000,000 per claim basis,for such exposures subject to requirements and approval of Owner and/or the General Contractor. 3.6 Professional Liability(Errors&Omissions where required) Should the Contractor's work involve a dcsign or design build component where professional services arc provided or contracted for by the Contractor, Professional Liability insurance as described below in this paragraph shall be required and will be maintained by their architect,engineers and all sub-consultants for the duration of the applicable Statute of Repose.'There should be no exclusion on the policy for the type or scope of work associated with the project. Such insurance shall be approved by the Owner and/or the General Contractor. 31,000,000 each occurrence 31,000,000 general aggregate 3.7 Watercraft or Aviation Should watercraft or aircraft of any kind be used by Contractor or by any person on its behalf,Contractor or such other party will maintain or cause the operator of the watercraft or aircraft to maintain watercraft or aircraft liability insurance, including bodily injury, property damage and passenger liability, as respects any watercraft or aircraft owned,used,operated or hired in connection with the Work by Contractor or anyone else with limits of$10,000,000 combined single limir for bodily injury and property damage any one occurrence, each watercraft or aircraft.The Owner will not reimburse the cost of the premium or the deductible for such insurance as a Cost of the Work. 4. CONTRACTOR OBLIGATIONS All requirements imposed in Section 3, with the exception of any allowable differences in policy limits, and required of General Contractor, shall likewise be imposed upon, assumed and performed by each Subcontractor. Each party hereto shall require that all policies of insurance,as allowed by statute,that arc in any way related to the Work, including those that are secured and maintained by consultants and Subcontractors,include clauses providing that each underwriter shall waive all of its rights of recovery under subrogation or otherwise,against Owner,its officials,directors,officers,and employees and all other interests as may be reasonable required by Owner. Each insurance policy required of Contractor in Sections 3.1 through 3.7 shall be endorsed, or shall recognize: 4.1 With respect to all liability policies required (with the exception of Professional Inability), Owner(s), their respective officials, officers, directors, shareholders, employees, members, managers, agents, representatives, the Contract and all other interests as may be reasonably required by Owner for the Project shall be named as Page 10 of 13 The City of Aspen Owner Controlled Insurance Program EXHIBIT B—OCIP ADDENDUM Additional insured. The coverage afforded the Additional Insured under these policies shall be primary insurance to the extent the claim arises, in whole or in part, from the negligence of Contractor or its Subcontractors. In such cases, if the Additional Insured has other insurance, which is applicable to the loss, such other insurance shall be on an excess and non-contributory basis. The Additional Insured Endorsement, shall be equivalent to ISO form CG2010 (07/04) and ISO form CG2037 (07/04) for completed operations editions. It shall state that the coverage provided to the Additional Insured is primary and non-contributory with respect to any other insurance available to the Additional Insured. 4.2 In the event of any claims being made by reasons of bodily injury, personal injury, or property damage sustained by agent,servant or employee of one insured for which another insured is or may be liable,the policy shall cover such insured against whom a claim is made in the same manner as if a separate policy had been issued to each insured(Severability of Interest). Contractor shall furnish each of its Subcontractors a copy of this Exhibit. Contractor shall ensure that the duties,obligations,and requirements of these insurance provisions shall apply to all Subcontractors with whom Contractor may contract. 5. INSURANCE REQUIREMENTS FOR OTHER WORK RELATED PARTIES 5.1 Vendors,suppliers,material men,owner/operator truckers,firms whose sole function is to transport materials, supplies, tools,equipment,parts or items to or from the project site and Subcontractors who will perform no actual labor at the site shall not be covered by insurance purchased by Owner through the OCIP. However, these excluded parties shall obtain and maintain until all of their obligations have been discharged,including any warranty periods under this contract are satisfied, the insurance coverage specified in subsections listed below. Such insurance shall be in a form and from issuing companies acceptable to Owner. The issuing companies must have a Best's rating of A-,Vlll or better. Automobile Liability: $1,000,000 Combine single limit each occurrence for Bodily Injury and Property Damage. Workers'Compensation: Statutory WC limit applicable to State of Colorado Employers Liability—limits not less than: $1,000,000 each accident for Bodily injury- $1,000,000 policy limit for Bodily Injury by disease $1,000,000 each employee for Bodily Injury by disease Commercial General Liability: $1,000,000 annual occurrence $2,000,000 general aggregate $2,000,000 products and completed operations aggregate Such insurance shall be primary and non-contributing with any other insurance and be in a form and from insurance companies reasonable acceptable to Owner. Page 11 of 13 The City of Aspen Owner Controlled Insurance Program EXHIBIT B—OCIP ADDENDUM 5.2 The required insurance limits may be provided through a combination of primary and excess policies,including the umbrella form of policy. 5.3 liability policies required under Section 5.1 shall, where prudently feasible, name Owner(s), their respective officials,officers,directors,shareholders,members,managers,employees,agents,representatives,the Contract, and any additional entities as Owner may request, as Additional Insured. The Additional Insured Endorsement, equivalent to ISO form CG2010 (07/04) and ISO form CG2037 (07/04) for completed operations editions, shall state that the coverage provided to the Additional Insured is primary and non- contributory with respect to any other insurance available to the Additional Insured.Contractor is responsible to ensure to the best of its' ability that those entering the Project Site location have evidence of or hold the appropriate insurance or that those visitor are escorted while at the Project. Exceptions may be granted where mutually agreed to in advance between the Owner and the Contractor. 5.4 All policies of insurance required in this Section 3 shall be endorsed to provide that the insurance company shall provide written notice to Owner at least 30 days prior to the effective date of any cancellation of such policies, 10 days in the event of cancellation for non-payment. 5.5 All policies of insurance,as allowed by statute,that are in any way related to the Work,including those that are secured and maintained by consultants and subcontractors, include clauses providing that each underwriter shall waive all its rights of recovery under subrogation or otherwise, against Owner, Owner's authorized representative(s),Project Manager,Contractor and its Subcontractors. 5.6 Partics covered in this Section 5 shall cause to be furnished to Owner, or its Insurance Representative certificates of insurance evidencing all insurance as required by this Contract. As and when Owner may direct, copies of the actual insurance policies or renewals or replacements thereof shall be submitted to Owner. All copies of policies, if any, and certificates of insurance submitted to Owner shall be in form and content acceptable to Owner. 6. ALTERNATE INSURANCE Owner makes no guarantees or warranties,and disclaim any responsibility whatsoever,that the OCIP policies will remain in effect and in no way assume responsibility for the solvency of the insurers,or any of their parent, subsidiary,excess,rc-insurcrs or other companies or group members. If Owner, for any reason, is unable to furnish, or after commencement of Work elects not to furnish, or to continue to furnish the insurance as specified in Section 1.1 through 1.4 and upon 30 days'written notice from Owner the following shall be required: Contractor shall obtain replacement insurance with the minimum coverage and limits set forth in Section 3 2bovc(inclusive of Work at the Project Site location),and for the General Contractor with coverage and limits 2s set forth in Section 1.1 through 1.4,or as otherwise required by Owner,with insurers acceptable to Owner. Such insurance shall be obtained before the OCIP coverage terminates and Contractor shall provide Owner with certificates of insurance or,at Owner's option,certified copies of policies prior to that date. Contractor shall require its Subcontractors of every tier to obtain such replacement insurance. Owner shall issue an appropriate change order based upon the insurance rates and calculation provided at Bid in their Add Alternate Bid amount to Contractor to reimburse the actual cost of the additional premiums and its Subcontractors for such replacement insurance. 7. SUBROGATION AND WAIVERS 7.1 Contractor shall require 211 policies of insurance that are related to the Project and that arc secured and maintained by each Contractor to include clauses providing that each underwriter and carrier shall waive all their respective rights of recovery,under subrogation or otherwise,against Owner and Contractors rendering services at the Project, General Contractor, its Subcontractors, other Project Contractors, and their Subcontractors,regardless of tier. Page 12 of 13 The City of Aspen Owner Controlled Insurance Program EXHIBIT B—OCIP ADDENDUM 7.2 Contractor waives rights of recovery against its Subcontractors, Owner and other Contractors rendering services at the Project, regardless of tier that Contractor may have or acquire because of deductible clauses in or inadequacy of limits of policies of insurance that are in any way related to the Project and that are secured and maintained by Contractor. 7.3 Contractor shall require its Subcontractors to waive the rights of recovery in the same manner(as waived in the preceding paragraph by Contractor) against Owner and General Contractor, other Subcontractors, other Project Contractors,and their Subcontractors,regardless of the tier. S. EVIDENCE OF INSURANCE All insurance policies Contractor is required to obtain under the terms of this Contract shall be endorsed to provide that the insurance company shall provide written notice to Owner at least 30 days prior to the effective date of any cancellation of such policies. Prior to the date on which Contractor commences any Work at the Project site, Contractor shall furnish to Owner certificates of insurance evidencing all insurance required by this Contract. If Owner directs,copies of the actual insurance policies or renewals or replacements thereof shall be submitted to Owner. All copies of policies, if any, and certificates of insurance submitted to Owner shall be in form and content acceptable to Owner. 9. MISCELLANEOUS 9.1 Nothing contained herein shall relieve Contractor or its Subcontractors of their obligations to exercise due care when performing any Work on the Project or to complete such Work in strict compliance with the Contract. 9.2 By enrolling in the OCIP, the Contractor acknowledges that (A) the limits of OCIP provided insurance arc shared by 211 insured parties under the OCIP for the Project, (B) Owner(s) and their affiliates of every tier disclaim any responsibility whatsoever for the availability, adequacy or exhaustion of the limits of the OCIP, the present or future solvency of any OCIP insurers,or any claims or disputes by,between,or among Owners) and Contractor and any Subcontractor,or any tier,and any of the OCIP insurance carriers. 9.3 Any type of insurance or increase in limits not described herein which Contractor requires for its own protection or as a result of any applicable law shall be its own responsibility and expense. 9.4 Further Information. Should Contractor require further specific information or explanation of the OCIP policies, Contractor should contract the Owner's Insurance Representative or OCIP Administrator, I.ockton Companies—Construction Wrap-up Business Unit,at 303-414-6000. Identify the Owner and the Project. CITY OF ASPEN SH CONSTRUCTION OWNER(Signature) CONTRACTOR(Si atu Torre,Mayor Sam Meyer,President Page 13 of 13 DocuSign Envelope ID: DDCFCB35-FDD0-4DC7-B9DE-9D81622174A8 DocuSign Envelope ID: DDCFCB35-FDD0-4DC7-B9DE-9D81622174A8 DocuSign Envelope ID: DDCFCB35-FDD0-4DC7-B9DE-9D81622174A8 DocuSign Envelope ID: DDCFCB35-FDD0-4DC7-B9DE-9D81622174A8 DocuSign Envelope ID: DDCFCB35-FDD0-4DC7-B9DE-9D81622174A8 DocuSign Envelope ID: DDCFCB35-FDD0-4DC7-B9DE-9D81622174A8 DocuSign Envelope ID: DDCFCB35-FDD0-4DC7-B9DE-9D81622174A8 DocuSign Envelope ID: DDCFCB35-FDD0-4DC7-B9DE-9D81622174A8 DocuSign Envelope ID: DDCFCB35-FDD0-4DC7-B9DE-9D81622174A8 DocuSign Envelope ID: DDCFCB35-FDD0-4DC7-B9DE-9D81622174A8 DocuSign Envelope ID: DDCFCB35-FDD0-4DC7-B9DE-9D81622174A8 DocuSign Envelope ID: DDCFCB35-FDD0-4DC7-B9DE-9D81622174A8 DocuSign Envelope ID: DDCFCB35-FDD0-4DC7-B9DE-9D81622174A8 DocuSign Envelope ID: DDCFCB35-FDD0-4DC7-B9DE-9D81622174A8 DocuSign Envelope ID: DDCFCB35-FDD0-4DC7-B9DE-9D81622174A8 DocuSign Envelope ID: DDCFCB35-FDD0-4DC7-B9DE-9D81622174A8 DocuSign Envelope ID: DDCFCB35-FDD0-4DC7-B9DE-9D81622174A8 DocuSign Envelope ID: DDCFCB35-FDD0-4DC7-B9DE-9D81622174A8