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HomeMy WebLinkAboutresolution.council.106-14 RECEPTION#: 616097, 12/17/2014 at 02:26:01 PM, 1 OF 9; R $51.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION NO. 106 Series of 2014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A PROPOSED RIGHT OF WAY GRANT AND UTILITIES EASEMENT BETWEEN THE CITY OF ASPEN AND ROCKY MOUNTAIN NATURAL GAS LLC, A COLORADO LIMITED LIABILITY COMPANY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A FINAL EASEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a proposed Right Away Grant and easement between the City of Aspen, Colorado and Rocky Mountain Natural Gas LLC, A Colorado Limited Liability Company, which replaces an existing utility easement across the Aspen Mass Open Space and provides for the construction of a trail over and across the property, a copy of which proposed right of way grant and easement is attached hereto and made a part hereof. NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO: Section One That the City Council of the City of Aspen hereby approves the entry into the Right of Way Grant and Easement between the City of Aspen, Colorado and Rocky Mountain Natural Gas LLC, A Colorado Limited Liability Company for the replacement of the existing utility easement and the construction of a new trail over and across the Aspen Mass Open Space, a draft of which Right Away Grant and easement is attached hereto and does hereby authorize the City Manager of the City of Aspen to execute a final agreement on behalf of the City of Aspen in substantially the form attached hereto, subject to the approval of the City Manager and the City Attorney. Dated �� , 2014. • � 1 Steve Skadron, ayor I, Linda Manning, duly appointed and acting City Clerk do ce ify that the foregoing is a true and accurate copy of that resolution adopted by the City Coun it of the'City of Aspen, Colorado, at a meeting held September 8,2014. F n L Linda Manning, City Clerk RIGHT-OF-WAY GRANT Rocky Mountain Natural Gas LLC AFTER FILING, PLEASE RETURN DOCUMENT TO: Name: Tim Atwater Address: Source Gas Distribution/Rocky Mountain Natural Gas Co 600 12 Street Suite 300 Golden, CO 80401 This Instument Prepared by of Insert City Insert State Corporate-Rev.11/18/14 1 KNOW ALL MEN BY THESE PRESENTS: That the City of Aspen, (Grantor"), for itself, its heirs, successors and assigns, for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, does hereby grant, conveyand confirm unto Rocky Mountain Natural Gas LLC, a Colorado limited liability company("RMNG") whose address is 600 12th Street Suite 300 Golden, CO 80401, its successors assigns, and licensees ("Grantee"), a right-of-way and easement to survey, construct, install, inspect, maintain, renew, repair, remove, replace and operate pipeline(s) and all appurtenances incidental thereto, but not including any above-ground structures, for the transportation of natural gas or any other substance which can be transported by pipeline, in, on, over, under, upon and through the following described lands, situated in portions of Section 21, Township 9 South Range 85 West of the 6`h Principal Meridian, County of Pitkin, State of Colorado, more particularly described as follows: See attached Exhibit"A" &"B" (the"Easement"and "Subject Lands") This- Right-of-Way Grant is subject to any and all other easements, rights-of-way, variances, memorandums and/or agreements currently of record. TO HAVE AND TO HOLD said right-of-way and easement unto Grantee so long as such pipelines and appurtenances, or any part thereof, shall be maintained, together with the right of ingress to and egress from the Subject Lands for the purposes herein stated, at the will of Grantee. Grantor retains the right to use and enjoy the Subject Lands, subject only to the right of Grantee to use the same for the purposes herein expressed, and subject to the limitations contained herein. Initial if checked ❑ Grantor hereby binds himself, his heirs, executors, administrators, successors, and assigns to warrant and forever defend all and singular the right-of-way and easement herein conveyed unto Grantee, its successors and assigns, against every person whomsoever lawfully claims the same or any part thereof(effective term only if initialed). Grantor hereby acknowledges that the consideration received herewith is full consideration for the right- of-way and easement granted herein, and also for damages to both the Subject Lands and growing crops occasioned by the initial installation of Grantee's facilities. Grantor reserves the right to cultivate, use`and occupy the Subject Lands for any purpose consistent with the rights and privileges herein granted, and which will not interfere with or, in the sole judgment of Grantee, endanger any of the facilities thereon or Grantee's use thereof. Such reservation by Grantor shall in no event include the right: (i) to construct any buildings or structures of any kind; (ii) to impound, retain, collect or store any water; or (iii) to plant any trees or shrubs upon the right-of-way and easement granted herein without the express written consent of Grantee. Grantee agrees to lay all pipelines at a sufficient depth to avoid interfering with cultivation of the soil, and to pay Grantor for damages to growing crops, fences or other improvements which may arise from the operations of Grantee. Any such damage, if not mutually agreed upon, shall be ascertained and determined by three disinterested persons, one appointed by Grantor, one by Grantee, and the third chosen by the two persons so appointed. The written award of a majority of such three persons shall be final and conclusive upon Grantor and Grantee. Grantee agrees to construct at their sole expense a new 14' wide multi-use recreation trail in accordance with Exhibit E. Eight feet (8') will be paved and 6' will be compacted base material. This new trail will replace the existing Aspen Mass Trail and will be built in a mutually agreed upon location which has been identified in Exhibit C. Grantee agrees to build the new trail to the specifications in Exhibit E. Absent circumstances beyond the reasonable control of the Grantee, construction of the new trail shall be Corporate-Rev.11/18/14 2 KNOW ALL MEN BY THESE PRESENTS: That the City of Aspen, (Grantor"), for itself, its heirs, successors and assigns,for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, does hereby grant, conveyand confirm unto Rocky Mountain Natural Gas LLC, a Colorado limited liability company("RMNG") whose address is 600 12th Street Suite 300 Golden, CO 80401, its successors assigns, and licensees ("Grantee"), a right-of-way and easement to survey, construct, install, inspect, maintain, renew, repair, remove, replace and operate pipeline(s) and all appurtenances incidental thereto, but not including any above-ground structures, for the transportation of natural gas or any other substance which can be transported by pipeline, in, on, over, under, upon and through the following described lands, situated in portions of Section 21, Township 9 South Range 85 West of the 6th Principal Meridian, County of Pitkin, State of Colorado, more particularly described as follows: See attached Exhibit"A" &"B" (the"Easement" and"Subject Lands") This Right-of-Way Grant is subject to .any and all other easements, rights-of-way, variances, memorandums and/or agreements currently of record. TO HAVE AND TO HOLD said right-of-way and easement unto Grantee so long as such pipelines and appurtenances, or any part thereof, shall be maintained, together with the right of ingress to and egress from the Subject Lands for the purposes herein stated, at the will of Grantee. Grantor retains the right to use and enjoy the Subject Lands, subject only to the right of Grantee to use the same for the purposes herein expressed, and subject to the limitations contained herein. Initial if checked ❑ Grantor hereby binds himself, his heirs, executors, administrators, successors, and assigns to warrant and forever defend all and singular the right-of-way and easement herein conveyed unto Grantee, its successors and assigns, against every person whomsoever lawfully claims the same or any part thereof(effective term only if initialed). Grantor hereby acknowledges that the consideration received herewith is full consideration for the right- of-way and easement granted herein, and also for damages to both the Subject Lands and growing crops occasioned by the initial installation of Grantee's facilities. Grantor reserves the right to cultivate, use and occupy the Subject Lands for any purpose consistent with the rights and privileges herein granted, and which will not interfere with or, in the sole judgment of Grantee, endanger any of the facilities thereon or Grantee's use thereof. Such reservation by Grantor shall in no event include the right: (i)to construct any buildings or structures of any kind; (ii) to impound, retain, collect or store any water; or (iii) to plant any trees or shrubs upon the right-of-way and easement granted herein without the express written consent of Grantee. Grantee agrees to lay all pipelines at a sufficient depth to avoid interfering with cultivation of the soil, and to pay Grantor for damages to growing crops, fences or other improvements which may arise from the operations of Grantee. Any such damage, if not mutually agreed upon, shall be ascertained and determined by three disinterested persons, one appointed by Grantor, one by Grantee, and the third chosen by the two persons so appointed. The written award of a majority of such three persons shall be final and conclusive upon Grantor and Grantee. Grantee agrees to construct at their sole expense a new 14'wide multi-use recreation trail in accordance with Exhibit E. Eight feet (8') will be paved and 6' will be compacted base material. This new trail will replace the existing Aspen Mass Trail and will be built in a mutually agreed upon location which has been identified in Exhibit C. Grantee agrees to build the new trail to the specifications in Exhibit E. Absent circumstances beyond the reasonable control of the Grantee, construction of the new trail shall be Corporate-Rev.11/18/14 2 • completed within one year of the commencement of the installation of the new pipeline that is the subject of this easement. The terms and provisions set forth in the Addendum, attached hereto as Exhibit D are incorporated herein. This Right-of-Way Grant and the duties and obligations created herein shall run with the land and shall be binding upon Grantor, Grantee and their respective heirs, devisees, successors and assigns. IN WITNESS WHEREOF, Grantor has hereunto set its hand this day of �!} 20_ GRANTOR: / G Name: Title: C Company Name:Name: City of Aspen Company Address: 130 Galena Aspen, CO 81611 ACKNOWLEDGMENT STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) n This instrument was acknowledged before me this day of ZC/4tl, by (name) _feu _ 13c•y-w�r,kL , as (title) dif , of (entity) sae4w, 0-4!>10VVI b , and was duly authorized in fiis or her respective capacity to execute this instrument for and in the name and behalf of said corporation or entity, and further stated and acknowledged that he or she had so signed`, executed, and delivered said foregoing instrument for the consideration, uses, and purposes therein mentioned and set forth. SEAL Witness my hand and official weal. G. Name: r� IC4, Notary Public, State of: Gr c_dZ My Commission expires: —b . o u 4J Corporate 3 w� �4Jmr! LEGAL DESCRIPTION Exhibit A— A 50 foot wide Strip of Land situated in Aspen Mass Ranch, Crossing Lots 1 and 2 and Parcel FP-2, being located in the N.E.1/4 and the S.E.1/4 of Section. 21, T.9S., R.85W., of the 6th P.M., County of Pitkin, State of Colorado. Said Strip being described as follows: Commencing at the N.E. Corner of said Section 21, from whence the E.1/4 Corner of said Section 21 Bears on a State Plane Bearing of S00'08'36"E a ground distance of 2683.09 feet; Thence S44'51'14"W a distance of 1952.62 feet to the Point of Beginning; Thence over, under and across said Aspen Mass Ranch and along the Centerline of said 50 foot wide Strip of Land and lying 25 feet on each side and coincident with the following twelve (12) Courses: 1.) S18'05'10"W a distance of 129.49 feet; 2.) N8825'37"W a distance of 61.94 feet; 3.) N07'05'25"W a distance of 122.39 feet; 4.) N43'51'19"W a distance of 74.36 feet; 5.) N79'29'17"W a distance of 91.58 feet; 6.) S60'1 9'24"W a distance of 219.23 feet; . 7.) S09'03'31"W a distance of 249.71 feet; 8.) S28'46'18"E a distance of 122.01 feet; 9.) S14'50'11"W a distance of 196.87 feet; 10.) S10'48'40"E a distance of 567.83 feet; 11.) S22714'45"E a distance of 212.36 feet; 12.) N75'12'55"E a distance of 186.31 feet to the Easterly Line of said Aspen Mass Ranch and the Point of Terminus and lengthening and shortening the side lines to terminate on said lines. Said Strip having a Length of 2234.10 Feet or 135.400 Rods and Containing 2.564 Acres. IG� NOTE THE FOLLOWING SKETCH 15 MEANT TO DEPICT THE LEGAL DESCRIPTION AND 15 FOR INFORMATIONAL PURPOSES ONLY.IT DOES NOT REPRESENT A MONUMENTED LAND SURVEY.NOTE: THIS SURVEY DOES NOT CONSTITUTE A TIRE SEARCH BY RUS SURVEYING TO DETERMINE OWNERSHIP,RIGHTS OR EASEMENTS OF RECORD.NOTICE: ACCORDING TO COLORADO LAW �ti w`•:L,!` f L"„r•)"&1 YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST 4;j'a DISCOVER SUCH DEFECT.IN NO EVENT.MAY ANY ACTION BASED UPON ANY DETECT IN MIS SURVEY BE COMMEN®MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. r.Tsq 235 �e�gl 1R�8• RUSSELL SURVEYING Rocky Mnt. Natural Gas Easement Have Gun Will Travel ASPEN MASS RANCH Charles H. Russell, PLS N.E.1/4 & S.E.1/4 Section 21, TAS.. R.85W., 6th PM P.O. Box 1403 PITKIN COUNTY, COLORADO Poonia, CO 81428 CLIENT DATE JOB NUMBER PAGE (970) 527-5404 ROCKY MOUNTAIN NATURAL GAS CO 05-13-14 13034A 1 OF 1 1I +I— ;I iy Exhibit B N.E. Corner, Section 21 :ewe ��' 23 1 �� , '� N.E.1/4 SECTION 21 I •��' l 00 �} 1 ill `\ Q 0l m 11 I 1 I 0' 150' 300' ` Scale: T' = 300' ! ASPEN MASS RANCH P.O.B. % U.s. surDey Foot r1 LOT 3 5. a i'^`, 1\ CENTERLINE EASEMENT COURSE TABLE o 1. S18'05'10"W 129.49' 1 m 2. N88'25'37W 61.94' I a 7. 2. \ 1 3. N07*05'25"W 122.39' " FP-2 ! T1 ;1I, 4. N43'51'19'W 74.36' M PARCEL 1 '11''� 1 5. N79'29'1 7"W 91.58' o III 1 6. S60"19'24"W 219.23' o 8. I i ` 7. S09'03'31"W 249.71' I In I i 8. S28'46'18"E 122.01' 1 LOT 2 'I j 9. S14'50'11"W 196.87' 9. �`; 1 j 10. S10'48'40'E 567.83' I 11. S22'14'45"E 212.36' 12."N75'12'55"E 186.31' P.O.T. T 10. I; LOT 1 it a P.O.T. ; II p� i i S.E.1/4 E.1/4 Corner 12. „�0 POND N��` SECTION 21 Section 21 x ' z• NOTE: THIS SKETCH IS MEANT TO DEPICT THE LEGAL DESCRIPTION AND IS FOR INFORMATIONAL PURPOSES ONLY.IT DOES p NOT REPRESENT A MONUMENTED LAND SURVEY.NOTE: THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY RUSSELL SURVEYING TO DETERMINE OWNERSHIP.RIGHTS-OF-WAY OR EASEMENTS OF RECORD.NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU x FIRST DISCOVER SUCH DEFECT.IN NO EVENT.MAY ANY ACTON BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED) CI MORE THAN IEN YEARS FROM THE DATE OF THE CERnnCATION SHOWN HEREON. C m RUSSELL SURVEYING Roca ural Gas ' Easement Have Gun Will Travel ASPEN MASS RANCH Charles H. Russell, PLS 81 N.E.1/4 & S.E.1/4 Section 21, T.9S., R.85W., 6th PM P.O. Box PITKIN COUNTY, COLORADO Paonia, CO 51428 CLIENT DALE JOB NUMBER PAGE (970) 527-5404 ROCKY MOUNTAIN NATURAL GAS CO 05-13-14 13034A 1 OF 1 Exhibit C U) C O (If _ Z' '� qL 1 O 2 l "` \ C NX 1/4 G I SECTION 21 U) n PROPOSED ; O `— I TRAIL 1 P N.E.1/4 U) L i SECTION 21 D O 0 N N co LL- , I CL +' Q C �p j i J I O ' 3� N� z zLLJ O ; C) i I 1y "0 LAJ 10 ;10 O 0' 300' 600' Scale: T' = 600' U.S. Survey Foot i F- , oN oo S.W.1/4 S.E.1/4 a SECTION 21 SECTION 21 x•�'' ` G PO�� � w cn I Q is✓ � ' � I !L Z 11 RUSSELL SURVEYING ROCloy- Mnt. Natural Gas - Aspen 10 Have Gun Will Travel ASPEN MASS RANCH Charles H.IRRussell, PLS N.E.1/4 & S.E.1/4 Section 21, T.9S., R.85W., 6th PM P.O. Box 1403 PITKIN COUNTY, COLORADO Poonia, CO 81428 CLIENTDATE JOB NUMBER PAGE (970) 527-5404 ROCKY MOUNTAIN NATURAL GAS CO 07-06-14 13034B 1 OF 1 EXHIBIT D ADDENDUM The following are conditions and requirements of Source Gas Distribution LLC / Rocky Mountain Natural Gas LLC. (Grantee) for the grant of the easement to which this addendum is attached to and made a part thereof. DEPTH OF PIPELINE: The natural gas pipeline shall be installed at a minimum depth of 48 inches from top of pipe to surface. TOP SOILING: All top soils will be segregated during excavation to insure that the top soils are returned to the top of the excavation or trench. FENCES: Fences damaged or removed during construction, operation, or maintenance of the subject pipeline, shall be rebuilt or repaired to pre-construction conditions or better. NON-EXCLUSIVE EASEMENT: The easement herein granted in non-exclusive. LIVESTOCK: To the extent practicable, fences and gates shall be maintained and kept closed throughout construction, operation and maintenance of the pipeline. CLEAN-UP: All foreign material and trash resulting from construction, operation or maintenance of the pipeline will be removed and disposed of properly. IRRIGATION SYSTEMS: All irrigation systems shall be restored to their pre-construction conditions and operational integrity. Irrigation water to downstream users shall not be impeded by the pipeline construction. DITCH SETTLEMENT: To the extent practicable, Grantee shall be responsible for ditch settlement for 2 years following construction and shall replace with top soil to insure irrigation water passes over the pipeline ditch. ROCK REMOVAL: Grantee agrees to remove rocks for Four(4) inches or greater diameter from the easement surface area, which are readily apparent form a surface inspection. RESTORATION: The surface area of the easement shall be returned to pre-construction grades and conditions, as is practicable, including, but not limited to repairing ruts, ripping and reseeding disturbed areas in accordance with a seed mix provided by the Grantor or the local Natural Resources Conservation Service. Grantor(s) Initia S� Agent Initial O � -C'em—par,M!§Sts+FCr spctlStar �y array hnro ssppalr act ,.., i - -- 3•ospealt mat F^-r spectAnannes. Miy 6'best ncuMe•ClasS 6' Ir ydeC cofmactry to 95%t�� \ j r—�•+naa WSW R`cyaee osFrsc overslcor arca compacted to 95%- A7 . +... }:1 smptn rrtoelmUm up M 44tt: from W p of tnH onatilder. '.Aero v 3:1 Is nr,-pcs5lble,a)sce MLflNny co v Hs(fee brow). A fD I � '� �• O � ` �..--a.-a•suu-ease.3••minus,com;,aecd to ss'K O ':, l �ti Trarks and fes In be Mr.as o:l v' Oooto^Ulm ur,derlVement(Minty or owlet) I-?:pw baso,fug 16'path n:OJI–� � A D A.. O � O C Elam Construction • 7911 Upper River Rd. Phone: 970-923-2399 P.O. Box 13 Fax: 970-923-2920 Woody Creek,CO 81656 To: Source Gas Contact: Mike Mohror Address: 0096 County Rd 160 Phone: 970-309-2722 Glenwood Springs,CO 81601 Fax: Project Name: Source Gas,Raceway Rd Patching Bid Number: 04080514A Project Location: Raceway Rd,Woody Creek,CO Bid Date: 8/6/2014 We are pleased to submit these prices for your consideration. Item# Item Description Estimated Quantity Unit Unit Price Total Price 10 Mobilization 1.00 EACH $1,400.00 $1,400.00 20 Remove Excess Spoils&Haul Off 150.00 SY $19.50 $2,925.00 30 Finish Prep 150.00 SY $4.85 $727.50 40 4"Asphalt Patching 40.00 TON $160.00 $6,400.00 50 5"Asphalt Patching 14.00 TON $180.00 $2,520.00 Total Bid Price: $13,972.50 . Notes: • Prices may be withdrawn if not accepted within 15 days of receiving this proposal. • Acceptance of quote based on mutually acceptable schedule. • One complete mobilization is included. Each additional mobilization will be billed on a T&M basis. • Please note that Elam Construction,Inc.assumes no responsibility for finished grades by performing asphalt placement only. • Permits,Permit Fees,Engineering,Surveying,Construction Staking,Traffic Control and independent Testing are not included in this proposal. • Please note: Sawcutting is not included in this proposal. • Excavation and stabilization of soft areas,if encountered,are not included. This work will be completed on a T&M basis per the geotechnical engineers recommendations. • Work will be performed under frost-free conditions,there are no provisions for winter protection in this proposal. • Pricing is good for 2014 construction season only. Asphalt pricing may be adjusted monthly due to oil price Fluctuations. • Warranty is void on work performed after 10/1/14,changes in this policy will be at the discretion of Elam Construction,Inc. • Final billing will be based on actual quantities installed. • No work other than what is specifically stated above is included,implied oror assumed in the prices quoted. • Elam Construction"House Mix"(SX 75 PG 58-28)will be utilized on this project. Alternate mixes may be subject to additional charges. • These bid conditions in their entirety will become a governing part of any contract or subcontract agreement. This shall be accomplished by including a copy of this proposal in the contract or subcontract agreement. Payment Terms: General Terms:All material is guaranteed to be as specified.All work to be completed in a workmanlike manner according to standard practices. Any alternation or deviation from above specifications involving extra costs will be executed upon written orders and will become an extra charge over and above the estimate.All agreements contingent upon strikes,accidents,weather,or delays beyond our control.Owner to carry fire,natural disaster and other necessary insurances.Our workers are fully covered by Workman's Compensation Insurance.We are not responsible for any hazardous materials encountered on this project. Acceptance of Proposal:The above prices,specifications and conditions are satisfactory and are hereby accepted.You are authorized to do the work as specified.Payment will be made within 15 days of monthly billing date.In the event I do not pay for the labor and materials within 30 days of monthly billing date,I agree to pay Elam Construction the maximum amount of interest allowable under Colorado Law,not to exceed one and one- half percent 1 1 2% per month.In the event a dispute arises over payment of the labor and material under this proposal,or an other terms of the p ( / )P p P Y p P Y proposal,I agree to pay the attorney's fees and/or collection fees incurred by Elam Construction,if Elam Construction is successful in any such dispute. ACCEPTED: CONFIRMED: The above prices,specifications and conditions are satisfactory Elam Construction and hereby accepted. Buyer: Signature: Authorized Signature. ` Date of Acceptance: Estimator: Vinda Masse 8/7/2014 8:55:59 AM Page 1 of 1 Elam Construction, Inc. 7911 Upper River Rd. Phone: 970-923-2399 P.O. Box 13 Fax: 970-923-2920 • Woody Creek,CO 81656 SUBMITTED BY:VINDA MASSE To: Source Gas Contact: Mike Mohror Address: 0096 County Rd 160 Phone: 970-948-6083 Glenwood Springs,CO 81601 Fax: Project Name: Source Gas,Rio Grande Trail Patching Bid Number: 04080514 Project Location: Rio Grande Trail,Woody Creek,CO Bid Date: 8/6/2014 We are pleased to submit these prices for your consideration. Item# Item Description Estimated Quantity Unit Unit Price Total Price 10 Mobilization 1.00 EACH $1,800.00 $1,800.00 20 Remove Existing 3"Asphalt 87.00 TON $40.00 $3,480.00 25 Finish Prep Includes Regrading CF's 498.00 SY $6.50 $3,237.00 30 3"Asphalt Paving 8'Wide 87.00 TON $138.00 $12,006.00 Total Bid Price: $20,523.00 Notes: • Prices may be withdrawn if not accepted within 15 days of receiving this proposal. • Acceptance of quote based on mutually acceptable schedule. • One complete mobilization is included. Each additional mobilization will be billed on a T&M basis. • Please note that Elam Construction,Inc.assumes no responsibility for finished grades by performing asphalt placement ony. • Permits,Permit Fees,Engineering,Surveying,Construction Staking,Traffic Control and Independent Testing are not included in this proposal. • Excavation and stabilization of soft areas,if encountered,are not included. This work will be completed on a T&M basis per the geotechnical engineer's recommendations. • Work will be performed under frost-free conditions,there are no provisions for winter protection in this proposal. • Pricing is good for 2014 construction season only. Asphalt pricing may be adjusted monthly due to oil price Fluctuations. • Warranty is void on work performed after 10/1/14,changes in this policy will be at the discretion of Elam Construction,Inc. • Final billing will be based on actual quantities installed. • No work other than what is specifically stated above is included,implied or assumed in the prices quotes. • Elam Construction"House Mix"(SX 75 PG 58-28)will be utilitzed on this project. Alternate mixes may be subject to additional charges. • 'These bid conditions in their entirety will become a governing part of any contract or subcontract agreement. This shall be accomplished by including a copy of this proposal in the contract or subcontract agreement. • Please Note: Primer is not included in this proposal. Payment Terms: General Terms:All material is guaranteed to be as specified.,All work to be completed in a workmanlike manner according to standard practices. Any alternation or deviation from above specifications involving extra costs will be executed upon written orders and will become an extra charge over and above the estimate.All agreements contingent upon strikes,accidents,weather,or delays beyond our control.Owner to carry fire,natural disaster and other necessary insurances.Our workers are fully covered by Workman's Compensation Insurance.We are not responsible for any hazardous materials encountered on this project. Acceptance of Proposal:The above prices,specifications and conditions are satisfactory and are hereby accepted.You are authorized to do the work as specified.Payment will be made within 15 days of monthly billing date.In the event I do not pay for the labor and materials within 30 days of monthly billing date,I agree to pay Elam Construction the maximum amount of interest allowable under Colorado Law,not to exceed one and one- half percent(1 1/2%)per month.In the event a dispute arises over payment of the labor and material under this proposal,or any other terms of the proposal,I agree to pay the attorney's fees and/or collection fees incurred by Elam Construction,if Elam Construction is successful in any such dispute. ACCEPTED: CONFIRMED: The above prices,specifications and conditions are satisfactory Elam Construction,Inc. and hereby accepted. Buyer: Signature: Authorized Signature: Date of Acceptance: Estimator: VMasse 8/7/2014 8:59:05 AM Page i of 1 Elam Construction, Inco 7911 Upper River Rd. Phone: 970-923-2399 P.O.Box 13 Fax: 970-923-2920 Woody Creek;CO 81656 SUBMITTED BY:VINDA MASSE To: Source Gas Contact: Mike Mohror Address: 0096 County Rd 160 Phone: 970-948-6083 Glenwood Springs,CO 81601 Fax: Project Name: Source Gas"Aspen Mass Trail Bid Number: 04080614 Project Location: Behind Smith Hill Way,Woody Creek,CO I Bid Date: 8/6/2014 We are pleased to submit these prices for your consideration. Item# Item Description Estimated Quantity Unit Unit Price Total Price 10 Pave Mobilization 1.00 EACH $6,000.00 $6,000.00 20 Base Mobilization 1.00 EACH $11,400.00 $11,400.00 30 Remove Existing 3"Asphalt 160.00 TON $40.00 $6,400.00 40 Finish Prep 3,728.00 SY $3.00 $11,184.00 50 Sub Base 3,450.00 SY $19.00 $65,550.00 60 3"Road Base Prep 1,150.00 TON $49.00 $56,350.00 70 Geogrid 3,450.00 SY $4.00 $13,800.00 80 3/4"Road Base Prep 610.00 TON $52.00 $31,720.00 90 3"Asphalt Paving 10'Wide 510.00 TON $129.00 $65,790.00 100 Crusher Fines 4'Wide 224.00 TON $68.00 $15,232.00 Total Bid Price: $283,426.00 Notes: • Prices may be withdrawn if not accepted within 15 days of receiving this proposal. • • Acceptance of quote based on mutually acceptable schedule. • One complete mobilization is included. Each additional mobilization will be billed on a T&M basis. • Permits,Permit Fees,Engineering,Surveying,Construction Staking and Independent Traffic Control are not included in this proposal. • Excavation and stabilization of soft areas,If encountered,are not Included. This work will be completed on a T&M basis per the geotechnical engineer's recommendations. • Work will be performed under frost-free conditions,there are no provisions for winter protection in this proposal. • Pricing is good for 2014 construction season only. Asphalt pricing may be adjusted monthly due to oil price fluctuations. • Warranty is void on work performed after 10/1/14,changes in this policy will be at the discretion of Elam Construction,Inc. • Final billing will be based on actual quantities installed. • No work other than what is specifically stated above Is included,implied or assumed In the prices quotes. • Elam Construction"House Mix"(S)(75 PG 58-28)will be utilltzed on this project. Alternate mixes may be subject to additional charges. • These bid conditions in their entirety will become a goveming part of any contract or subcontract agreement. This shall be accomplished by. including a copy of this proposal In the contract or subcontract agreement Payment Terms: General Terms:All material is guaranteed to be as specified.All work to be completed in a workmanlike manner according to standard practices. Any alternation or deviation from above specifications involving extra costs will be executed upon written orders and will become an extra charge over and above the estimate.All agreements contingent upon strikes,accidents,weather,or delays beyond our control.Owner to carry fire,natural disaster and other necessary Insurances.Our workers are fully covered by Workman's Compensation Insurance.We are not responsible for any hazardous materials encountered on this project. Acceptance of Proposal:The above prices,specifications and conditions are satisfactory and are hereby accepted.You are authorized to do the work as specified.Payment will be made within 15 days of monthly billing date.In the event I do not pay for the labor and materials within 30 days of monthly billing date,I agree to pay Elam Construction the maximum amount of interest allowable under Colorado Law,not to exceed one and one- half percent(1 1/2%)per month.In the event a dispute arises over payment of the labor and material under this proposal,or any other berms of the proposal,I agree to pay the attorney's fees and/or collection fees incurred by Elam Construction,if Elam Construction is successful in any such dispute. • 8/7/2014 9:08:08 AM Page 1 of 2 Elam Construction, Inco 7911 Upper River Rd. Phone: 970-923-2399 P.O. Box 13 Fax: 970-923-2920 • Woody Creek,CO 81656 SUBMITTED BY:VINDA MASSE To: Source Gas Contact: Mike Mohror Address: 0096 County Rd 160 Phone: 970-948-6083 Glenwood Springs,CO 81601 Fax: Project Name: Source Gas Aspen Mass Trail Bid Number: 04080614 Project Location: Behind Smith Hill Way,Woody Creek,CO Bid Date: 8/6/2014 • ACCEPTED: CONFIRMED: The above prices,specifications and conditions are satisfactory Elam Construction,Inc. and hereby accepted. Buyer: Signature: Authorized Signature:. Date of Acceptance: Estimator: VMasse • 8/7/2014 9:08:08 AM Page 2 of 2