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HomeMy WebLinkAboutresolution.council.101-08RESOLUTION # ~ ~ (Series of 2008) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND D & D ROOFING SETTING FORTH THE TERMS AND CONDITIONS REGARDING WATERPLACE HOUSING ROOF REPAIRS AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and D & D Roofing, a copy of which contract 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 contract between the City of Aspen, Colorado, and D & D Roofing regarding Waterplace Housing Roof Repairs 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: ~Z~/Z G~~~~ Mic ael C. Irelan ,Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held October 14, 2008. 1~ ~ Ka yn S. Koch, City Clerk CONTRACT FOR CONSTRUCTION T"Ec~'~^~' THIS AGREEMENT, made and entered into on October 14, 2008, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", D & D ROOFING, 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: Water Place Housing Roof Repairs, 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 pertorm all of the Work described in the Contract Documents and comply with the terms therein for a sum not to Eighty Eight Thousand Three Hundred Seventy Four ($88,374.00) DOLLARS or as shown on the BID proposal. 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. CC1-971.doc Page 1 "CC7 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. 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 ••cc~ 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. ~ESTED B CITY OF E COLORADO Title: ~~ Ty ~~--~-SA- ATTESTED BY: (~ n Weber CONTRACTOR: D & D Roofing, Inc. By: "Z~~ T;,,o. J n J. Bec m, Vice 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. CCt-971.doc Page 3 "CCi CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF Colorado COUNTY OF Adams On this ath day of October ~fzooa ,before me appeared John J. Beckham , to me personally known, who, being by me first duly sworn, did say that s/he is Vice President of D a D Rooring, 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 Public Melissa K. Baumgartner 1316 E. 11th Ave. #B6 Denver, CO 80218 Address SS. My commission expires: 7/25/2011 Certification and Supplemental Conditions to Contract for Services - Conformance with &8-17.5.101, et seq. Per ose. During the 2006 Colorado legislative session, the Legislature passed House Bill 06-1343 that added a new article 17.5 to Title 8 of the Colorado Revised Statutes entitled "Illegal Aliens -Public Contracts for Services." This new law prohibits all state agencies and political subdivisions, including the City of Aspen, from knowingly employing or contracting with an illegal alien to perform work under a contract, or [o knowingly contract with a subcontractor who knowingly employs or contracts with an illegal alien to perform work under the contract. The new law also requires that all contracts for services include certain specific language as set forth in [he statutes. This Certification and Supplemental Conditions has been designed [o comply with the requirements of this new law. Applicability. The certification and supplemental conditions set forth herein shall be required to be executed by all persons having a public contract for services with the City of Aspen. Definitions. The following terms aze defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the City of Aspen. "Basic Pilot Program" means the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security. "Contractor" means a person having a public contract for services with [he City of Aspen. "Public Contract for Services" means any type of ageement, regardless of what the ageement may be called, between the City of Aspen and a Contractor for the procurement of services. It specifically means the contract or agreement referenced below. "Services" means the furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. PURSUANT TO SECTION 8-17.5-101, C.R.S., et. seq By signing this document, Contractor certifies and represents that a[ [his time (i) Contractor does not knowingly employ or contract with an illegal alien; and (ii) Contractor has participated or attempted to participate in the Basic Pilo[ Program in order to verify that it does no[ employ illegal aliens. The Public Contract for Services referenced below is hereby amended to include the following terms and conditions: 1. Contractor shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for Services. 2. Contractor shall not enter into a contract with a subwntrador that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for Services. 3. Contractor has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Contractor does no[ employ any illegal aliens; and if Contractor has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services, Contractor shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such application within five (5) days of the date of the Public Contract. Contractor shall continue [o apply to participate in the Federal Basic Pilot Program and shall in writing verify same every three (3) calendaz CC1-971.doc months thereafter, until Contractor is accepted or [he public contract for services has been completed, whichever is eazlier. The requirements of [his section shall not be required or effective if the Federal Basic Pilot Program is discontinued. 4. Contractor shall not use the Basic Pilot Program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. 5. If Contractor obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with an illegal alien, Contractor shall: (i) Notify such subcontractor and the City of Aspen within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section [he subcontractor does not cease employing or contracting with the illegal alien; except that Contractor shall not ternvnate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 6. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. 7. If Contractor violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may temunate [he Public Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. Pnbhecontraetforservices: Water Place Housing Roof Repairs Contractor: D & D ROOfIn C. By: ~- Title: Jo J. Beck ,Vice President JPW- saved: 8/3/2006-867-M:\city\cityatty\contract\forms\certification - hb-O6-1343.doc MAINTENANCE BOND CCt-971.doc Page 6 "CC1 Bond No. 929458565 MAINTENANCE BOND KNOW ALL PERSONS BY THESEPRE5ENTS,Thelwe,lheundersignad,asD & D Roofing, Inc. 6270 E. 50th Avenue , of Commerce City, CO 80022 , as Pnnclpal, hereinafter referred to as'•principat^, and Western Surety Company , a corporation organhed under the laws of the Stale of South Dakota ,and qualified io transact business in the Slate of Colorado, as "Surety" are held end firmly bound unto the Clly of Aspen, Colorado, es obligee, hereinafter referred to as "city," In the penal sum oT: Eighty Eight Thousand Three Hundred Seventy Four and Dollars ($ 88.374.00---~, lawful money o11he UrVletl Slates of America, for the Payment of which sum, well and truly to be made to the City, we bind our86Nes, and our heirs. executors, adrninistretors, successors, and assignees, Jointly attd Severally, by these presents: WHEREAS, sold Prlnclpal has entered inte a wriilen Contract wllh the obligee dated October 14 20 ~sfor famishing all equipment,labor, tools and materials for:, Water Place Housin~Roof Repairs In accordance with detailed plans and specifications on file in the office of the City Clerk of said Ci[y, a copy of which Contract is attached hereto and mado a part hereof. NOW THEREFORE, The conditions of the ioregoing obligations ere such that iF H1e sold Pnngpal shall well and truly perform all the covenants and conditions of Ihls CornraU on the part of said Prindpal to be performed, and repair or replace all defects for a period of two year(s) as proWded herein, and protect and save harmless the Cily o1 Aspen, Cvlorado, Imm all loss and damages to Hfe or property suffered or sustained by arty parson, 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 mlaeenduct in guarding and profecHng same, or from any improper or defeUlVe equipment or materials used in me wodc, or ether damages, coals and expenses and sal forth in such Contracts, then this obllgelion shell be void otherv+ise to rorneln In fUl force and effect in law. Tlvs Bond guarantees that the matarlal and equipment furnished and used, and workmenstdp employed In the padarmance Of Ilse work described in this Contract will be of such character and quaGly as to Insure it fA be flea from all defects and In wntlnuous goad order and in a condfllon satisfactory to the Gweming Body of the City of Aspen for a period of bnro year(s) tram the dale of the issuance of the CertKCate of Completion. This Bond guarantees tharihe sold Pnncipel will keep and malntaln the subjeG work without additional charge or coal Io the City of a period spedHOd, and make such repairs or replacsment of any detective oonslruclien as the Clly may deem necessary. ••ccr Tne said Prinopal shall not be required b malhtaln any part of the improvertt6n[ under Irus guarantee Whhn, after its completion and acceptance shall have been removed or altered by the City or hs agent. SIGNED AND SEALED this 14th day of October . 2p 08. PRINGIP D D Roo Inc. (seal) / By. ti• 9-- Attest: ~ / IIhCDILZ~Tl'LC7 Title: JoMr J. ccr-s7i.ao~ Melissa Baumgartner IOf,O'OO LOCKTON COMPANIES, LLC 8110 E Union Ave, Ste 700 / Denver, CO 80137-2966 303414b000 /FAX: 303~865b000 www.lockton.com (Au:ampany this bond wllh certified wpy of General Powor of Attorney from the Surety Company to Indude the date of Itte bend.) Bond No. 929458565 PERFORMANCE EONO KNOW ALL PERSONS BY THESE PRESENTS: Thal we,lheundersigned,as, D & D Roofing, Inc. having a legal business address at 6270 E. 50th Avenue, Commerce City, Colorado 80022 a Corporation as Prindpal, hereinafter called"Principal", and m. e . a ue -`~ Western Surety Company :,,-~,rs,,, 333 S. Wabash, 41 South, Chicago, IL 60604 K lXC a wryorotion organized under the laws of Ina State of South Dakota ,and qualified to transact business In the State of Colorado, hereinafer called'Suraly', are held end firmly hound unto the Cliy of Aspen, a Colorado home rule munldpallly, a9 Opligee, hereinafter called `City', in the amount of Eighty Eight Thousand Three Hundred Seventy Four & No/100($88.374.00, in lawful money of fhe United Slates for payment whereof Pnntipal antl Surely bind dtemselves, their heirs, executors, adminislretors, successors antl assigns, jointly and severally, 5rmiy unto these present. WHEREAS, Pdnapal has by written agreement dated October 14 , 2008, entered Into a conlrecl with Gty for Water Place Housing Ro9f_ * In accordance with the Cantrad Documents which Contrad Documents is by mierenca made a pert hereof, and is hereinafter rePerretl to es the Contract. Repairs NOW, THEREFORE, Ii Principal shell well, truly antl (althlully perfofm its duties, all the undertakings, covenants, lerma, conditions and agreements of saitl ConlreU dufirtg fhe original term Utereof, and any exlensbns thereof wroth maybe granted by the Giry, with or without notice to the Swety and dudng the guaranty period, antl If Pdncgtal shall satisfy all Ualms and demands incurred under such Contract, and shall fully Indemnify and save hamtleaa Cily from ell costs and damages which it may suffer by reason of Failure !o do so, and shah reimburse and repay fhe City all outlay and eHpensa which the City may incur in making good any default, then this obligation shall be void; otherwise i[ shall remain in full force and eHec[. The Surely hereby waives notice of any alLeratlon or extension of time made by the Clty. Whenever Pdneipal shell be, and declared by Clty to be in default under the ConlreC6 the City having performed City's ohllgalion hereunder, (he Surety may promptly remedy the tlefeult or shall promptly: (1) Cornplele the Contract In accordance with its terms end conditions, or (2) gblain a bid or bids for wmptetir~q the Cdnbacl In accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bltlcter, or, It me Ciry erects, upon determination by the City and Surety jontly of ilia lowest responsible bidder, arrange for a contract between such bidder and Cily, end make available as work progresses (even Inough there should ba a default or succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the Cost of complelien less qie balance of the contraG price, inUuding other wsls and damages for which the SUfery may ba liable hereunder, the amount set (odh In the first pamgraph hereof. The term "balance of the Contract price" as usetl in Ihls paragraph, shall mean the total amount payable by Ciry to Principal under the Contmcf and any amendments thereto, less the amount properly paid by Clty to Principal (3) Any conUact of 9uCCessidn of contracts entered Info hereunder for the completion of the Contract, shall also ba subject to (his bond as part of the original Contract obligations. This bond Is intended to be in satisfaction of, and In addition to, the pond required pursuant to Section 38-26-106, C.R.S., as amandatl. CC7-77~.OOC Page9 •^CC1 This band, as a penalty and IndernnlficaHon bond, shall also enti(le City to recover as part of the completlon of the Contract or the payment of any labor or material cosfs hereunder, actual and wnsequeMial damages, liquidated and unllquWated damages, cosfs, reasonable attorneys fees and expert witness fees, including, without limitations, the fags of engineering or architectural consullante. Surety, for value received, Hereby stipulates and agrees that to Indemnify and save harmless the Giry to the eMent of any and all payments In wnnection with the carrying out of the canlracl evhich the Clly may be regt~red to make under the law by any reason of such Tailure or default of the Pdnclpal. 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 acllone antl all expenses incidental to the defense of sack elalms or actions, oesetl upon or adsing au[ of injuries or death of persons or damage to property caused by, or sustained In connection with, this ConlraIX by conditions created thereby, and on requost of the Ciry will assume the defense of any Galm or action brought against the Cqy. No right of action shalt accrue on Hris Bond to or for the use of any person or corparatlon other then the Ciry named herein or the employees, agents, atlmtnislrators orsuccessars of city. SIGNED AND SEALEDthls 14th day of October .2008. PFINCIPA ~D & Roofin c. __rseel} gy; ~ ~-~ AHa 1 ~~~ ~ O/1J TUta: Jo14/ J. Beclrltam, Vir_e Prec;dent Melissa Baumgartner (seal} NOTE: Accompany this bond with certified copy of General Power of Attorney from the Surety to include the date of the bond. (Dale of Bontl must not be poor to tlale of Contract.} If Pdnclpal is Partnership, all partners should execute Bond. IO~f01T LOCKTON COMPANIES, LLC 8110 E Union Ave, Ste 700 /Denver, CO 80237-2966 303~}14~i0(10 / FAX: 303~865fi000 www.lockton.com Bond No. 929458565 PAYMENT BOND KNOW ALL PERSONS 8Y THESE PRESENTS: That we, the underalgned, as, D & D Roofing, Inc. havingalagalbuslness address al 6270 E. 50th Avenue, Commerce City, Colorado 80022 a Corporation es Pnncipel, hereinafter called "Principal', end ~n~a « SST, dual' rn S rat Com an ~. a .,~ 333 S. Wabash, 41 South, Chicago, Illinois 60604 a corporation organized under the taws otthe Stateoi South Dakota, and qualified to transact business in the State of Colorado, HerelnaRer called "Surety", are held and firmly bound unto the Ciry of Aspen, a Colorado home rule munlclpallry, as Obligoe, herelnaltar calletl'Clty', In the amount of Eiehty Eieht Thousand Three Hundred Seventy Four & No/100_($RR.'i74-00),inlawtul moony of the Urdfed Slates for payment whereof Pdnclpal and Surely bind themselves. their hens, executors, administrators, successors and assigns, Jointly and severally, firmly unto these present. WHEREAS, Principal has by written agreement dated October 14 , 2008 entered Into a contract with the City for a project entitled Water Place Housing Roof Repairs (project no. 1 In accordance with the Contract Oocumen[s which Contract Documents is by reference made a part Hereof, and is hereinafter referred tv as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OpI.IGATION is such Thal, if Principal shall promptty make payment to all clalmanis heeinafter defined, for all labor and material used or reasonably required far the use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in Tull force and effect, suhjaci, however, to the following wndilions: 1. A Claimam is defined as having a direct unlract with the PRncipal or with subcontractor of the Pdnclpal far labor, material, or both, used or reasonably required For the performance of the Contract, labor end material being construed IO include that pert Of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment directly appUcabte to the Contract. 2. Tne alive-name Pnncipsl and Surety hereby jointly end severally agree with the City that every claimant as herein defined wfto Has not been paid In full before the expiration of ninety (90) days agar the date on which tl,a last of such dalmant's work or labor was done or performed or materials were furnished by such claimant, may sue on this bond for use of such sums as may ba Jually due dalmanl, and have execution thereon The City shell not t>e liable for. the payment of any costs or expenses of any such auil. 3. No suit or action shall commence hereuhder by any dalmaHC (a) Unless claimant, other than one having a direct contract with the Prindpal shall have given written notice to any of the following: The Pdncipal, the City, or the Surety above named, wRhin ninety (90} days after such claimant did or performed Ina last of the work or labor, or furnshed the last of the materiel for wnlch sold Claim IS made. stating with subsWnGal accuracy the amount daimed and the name of the pally to whore the matertals were fumished, or for whom the work of labor was done or performed. Such notice shall be served by mailing the same registered mail or Celli fled met, postage prepaid, in an envelope addressed to the Prindpal, City or Surety, el any place where an once is regulady maintained fpr the transaction of business, or served in any manner in which legal process maybe served in the Slate of Colorado. CC1-971.dac Pays 11 `"CC1 (o} Mier the exp'iretion of one (1} year following the date on which Pdncipal ceased work on Bald Contract, It being understood, however, that if arty iimiletton em boded in This Bond is protdbilad by any law controlling the wnstrudion hereof, such limitation shall be deemed to be amended so as to be equal to the minimum pedod of Ilmltatlan permitted by such law. (cJ Gther titan In a state of competent ~urlsdicllon in and Tor lne County of Pilkin, State of Colorado. 4. The amoum of this Bond shall ba reduced to lha extent of any payment or payments made hereunder, inclusive of the payment by surety of Ilens or claims which may be filed of record against the Improvemenl(s}, whether or not claim for the amount of such lien be presented under and against this Bond. 5. This Bond is intended to be in satisfaction of, and in addiiiori to, Iha bond fequlYed pursuant to Section 38' 28-105, G.R.S., as amendetl. B. No final settlement between the City end Principal shall ahddge the right of any 6eneflclary hereunder, whose Balm may be unsallsked. SIGNED ANO SEALED this 14th dayoi October pEg:?008 gy, ~"+ • !~f - tL 9= Ahest J V I . Y1 7111e~ n J. B ham, Vice President Melissa IiOQ701f LOCKTON COMPM'IFS, LLC 8110 E Union Ave, Ste 700 /Denver, CO 802372966 303414b000 /FAX: 303-865b000 www.lockton.com Nv?Trc: Accompany this bond with canif ad copy of General Power of Attorney from the Surety Company la include the date of the bond. (Pate of Bond must not be prior to dale of Contract}. If Principal Is a Partnership, all partners should execute Bond. Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Shelley L Czajkowski, Celeste T Helms, Mona D Weaver, Angela M Tindol, Anuj Jain, Amy Wickett, Sheila J Montoya, Charles M Mc Daniel, Individually of Denver, CO, its tme and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligazory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instmments were signed by a duly authorized officer of the corporation and all the acts of said Attomey, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attomey is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 7th day of August, 2008. ~uarrr WESTERN SURETY COMPANY C Nf4~ a ~,9 ~~~ ~f\Sf n~jp ailr UPy",d` Paul . Bmfla[, Senior Vice President State of South Dakota 1 JJ ss County of Minnehaha On this 7th day of August, 2008, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: thaz he resides in the City of Sioux Falls, State of South Dakota; thaz he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instmmen[; maz he knows the seal of said corporation; that the seal atlixed to the said instmment is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and [hat he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires Nttttrrtttwtttttttttttt ~ + D. KRELL November 30, 2012 + NOTARY PUBLIC + i~SOU7N DAKOTA $~~ i ~44444444444444444444444p CERTIFICATE ~~~r ~+LJ~[J4 D. IGeII, No Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attomey hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 14th day of OCtObei 2008 +"""'"+,~C WESTERN SURETY COMPANY J ~ t~p L. Nelsoq Assistant Secretary Form F4280-09A6 BID PROPOSAL FORM Project No. 2008-076 BID DATE: September 24, 2008 PROJECT: Waterplace Housing RoofRepails PROPOSAL SUBMITTED BY: D & D Roofing, Inc. 6270 E. 50th Ave. Commerce City, CO 80022 CONTRACTOR'SPROPOSAL TO: The Governing Body of the City of Aspen, Colorado The undersigned responsible bidder declazes and stipulates that this proposal is made in good faith, without collusion or connection with any other person or persons bidding for the same work, and that it is made in pursuance of and subject to all the terms and conditions of the advertisement for bid, the invitation to bid and request for bid, all the requirements of the bid documents including the plans and specifications for this bid, all of which have been read and examined prior to signature. 'fhe bidder agrees to keep this bid open for Sixty (60) consecutive calendar days from the date of bid opening. The Contractor agrees that construction shall start immediately following a mandatory pre-construction conference held by the Engineering Department, which also constitutes [he Notice to Proceed. Submission of this proposal will be taken by the City of Aspen as a binding covenant that the Contractor will finish construction within the time specified in the Special Conditions ofthis contract document. The City of Aspen reserves the right to make the awazd on the basis of the bid deemed most favorable to the City, to waive any informalities or to reject any or all bids. The Ci[y shall not pay the Contractor for defective work altd/or for repairs or additional work required for successful completion of the project. All work not specifically set forth as a pay item in the bid form shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be included in the prices bid for the various items of work Prices shall include all costs in connection with fumishing the proper and success completion of the work, including furnishing all materials, equipment altd tools, and performing all labor and supervision to fully complete the work to the City's satisfaction. Poor quality and workmanship shall not be paid for by the City. Such work product must be removed immediately and replaced properly at no cost to the City. All quantities stipulated in the bid form at unit prices are approximate and are to be used only as a basis for estimating the probable cost of work and for the purpose of comparing the bids submitted to the City. The basis of payment shall be the actual amount of materials furnished and work done. The Contractor agrees to make no claims for damages, anticipated profit, or otherwise on account of any differences between the CC1-971.doc Pege 4 "'CCi amount of work actually performed and materials actually famished and the estimated amount of work The City reserves the right to increase or decrease the amount of work to be done on the basis of the bid unit price and up to plus or minus Twenty Five (25) Percent of the total bid. I hereby acknowledge receipt of ADDENDUM(s) numbered None through ESTIMATED QUANTITYLIST UNIT T OTAL BID TI' EM DESCRIPTION UNIT QUANTITY PRICE COST Units 1 & 2 1 Lump Sum $ 850.00$ 850.00' Units 3 & 4 1 Lump Sum $ 11.00.00$11,,500.00 Units 5 & 6 1 Lump Sum $720.00$ 4,720.00 Units 7, 8 & 9 1 Lump Sum $ 1~562.00$~562.00 Units 10 & 11 1 Lump Sum $ 7.125.00$ 7.125.00 Units 12 & 13 1 Lump Sum $ 7s 312.00$ 7,_312.00 Units 14 & 15 1 Lump Sum $ 1.750.00$ 12,_750.00 Units 16 & 17 1 Lump Sum $875.00$ 8.875.00 Unit 18 1 Lump Sum $ 9,680.00$ 91680.00 $ $ $ $ $ $_ $ $ $ $ $ $ $ $ TOTAL BID IN NUMBERS: $ 77,374.00 TOtaZ Biditr WOrtIS: Seventy-seven thousand three hundred seventy-four dollars. ••cc~ 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: S Full name signature: Company address: _ Telephone number: 303-28733043 Fax number: 303-287-3391 C i~ ,, Attested by: / Vi ~ ol~ Melissa Ba gartner Subcontractor & Material Supplier List Name: D & D Monarch Sheet Metal. Inc. ,Phone#: 303-287-3375 Address: 6270 E. 50th Ave., Commerce City, CO 80022 Service or Product: Sheet Metal Name: American Roofing Supplv ,Phone#: 303-333-3700 Address: 4550 E. 52nd Ave. Commerce City CO 80022 Service or Product: Materials Narne Address: Service or Produet• Name: Address: Service or Product: Name: Address: CC1-971 doc Page Phone #: Phone #: Phone #: Title: __ Vice President Service or Product: Name: Address: Service or Product: Phone #: Mcci BID BOND A Bid Bond will not be required. ~^cci AFFIDAVIT OF COMPLIANCE PROJECT NUMBER: 200076 The undersigned contractor has read a copy of the Contract Documents including the construction plans, for this project and understands and hereby affirms that he/she does not now, nor will he/she in the future, violate the provisions of said Contract Documents, so long as he/she is under the Contract to the City of Aspen for the perfornlance of a Contract. The undersigned further acknowledges he/she understands and agrees to all terms and conditions ofthe Aspen Municipal Code and its being part of the Contract with the City of Aspen. Attest: Corporate Seal STATE OF COLORADO SS. COUNTY Adams D & D Roofing, Inc. Contractor J J. Be 1, am, Vice President Before me Melissa K. Baumgartner , a notary public and for Adams County, Colorado personally appeared .rnhn J Beckham _ known to me personally to be the person(s) whose signature(s) in my presence [his 24th day of September , A.D. 2008. My commission expires: 7/25/2011 y~ ~" r I ~ ) (Seal) Notary Public ACI Yll Om CC1-971.doc Page 9 CCi LIQUIDATED DAMAGES far FAILURE TO COMPLETE THE WORK ON TIME The undersigned contractor declares his/her full awareness of the content and terms of this contract and affirms that the contractual time is the period mentioned in the contract Specifications plus the time extension(s), if any, granted by the City of Aspen for successful completion of project. The undersigned contractor further acknowledges he/she understands and agrees to liquidated damages to be deducted from moneys due to him/her far any delayed calendar day beyond the total thne at the rate of $500.00 per day. This amount and the total allowed time by the City shall not be negotiable under any conditions. Attest: Corporate Seal S"PATE OF COLORADO SS. COUNTY Adams D & D Roofing, Inc. Contractor By: `~- ~. John J Beckh Vice President Before me Melissa K. Baumgartner , a notary public and for Adams County, Colorado personally appeared John J. Beckham me personally to be the person(s) whose signature(s) in my presence this September , A,D,200 8 24th known to day of My commission expires: 7/25/2011 ~-~j,,,' (Seal) ~ ~j Q~ ita~ ~ I~LIf~CIA~ Notary Public acct C;Ity af;tspcn (24titftcaflWt SYatemeot. 1?mjut.?tih.; 3. r],syw, tarxresa >,gaaasa. unsoct tnran ] sµpboga rows<; ' T. tsor Yssssax. l]nr vrtonxxs»ea-: .]. wwr»]s'.Rw ~.: rx. scear . - D & D Roofing, Inc. [ _ 1977 __.._ { 9~24~08 __..__ '! 6020 E. 50th Ave. 1r. xrps oe aE.:aaxv: ~ +. awrxy eaexe... ,. Commerce Cit , _ CO 80022 _ _ _ Corporation . npee]ep w.wa =. ~m ao,ea _ Melissa Baumgartner 303-287-3043 f S ri1a1 aL E Yow -CNP4 n p[Ene]p.1i EE aOpNatl 4141a)S6SepMnai ~ of Robert N. McReynolds, President ? E{ John J. Beckham, Vice President ~ s prppsetp;.oRxa,:. 4+1t 0 reeta~ P rseJe2t rYtir fawt.on i aefal aaaaxfptlonf mrec uw. I.eaeeae a felapt~one~ { wet o4 brR wte t f%. tlxra00}. wwisna:. e~ See Attached __ __.. ._~._~.._..~ ._._..., m___.._. ......._. ,._ _._ _ _...~._~ i 4>. ~ I ~ I _{ t • i ' 3. i i i ;. 6 { 1 } ~ 1 ~ ~ 1 _ ___. _.... .._.- : F S ~ 1 d. E { ~ 1. , i { e. • _.. __._ . _._ _ _.___ a ~~ 1 9. . 1 j f . f ~ e _ { - ___ ___ ________ _ _______ t. 10, t doc I .) ', •) See Attached f ai J 0. inz4elC+r.nw. prt~~:4 .uyg1i•sr,. subaonlz.nta~y e<a.)+ GontaOt Iw.en .MbQ.pbM I+mlitt7 ns „ See Attached i .: ~ - + o, Izu. er/mMavq cwp.r+y+nd IniYiHw~: Ce.x+.iry, aczrt+a »mr o•Iavtb. o r.ne l~:.ea>i oransur~nc..a rap.:1 i See Attached _ - -- _ h L 1 -+ tF: r.l+ rV .I . l rt¢ 1 Mue i F• .At t_ v f.leu, S Fi Vn ! x .a. ~ Ll'•> l o •uu f •vvrl n c .c e+e:v+ .r i . rP.Srs .icF S, ^; '.:u[ 5(n•; !o n: .rx: ~ +. ~_~ ~/~a~Qf~ Melissa Baumgartner, Project Coordinator _,~, Sloped Roofing Reference List 26 OAKS HOA Lakewood, CO 160,000 square feet Celotex Presidential (Weathered Wood) Foothills Roof Services, Inc. Mr. David Pierce (303) 738-0823 D & D ROOFING BASS PRO SHOPS Denver, CO 150,000 square feet Certainteed Carriage House (Sherwood Forest Green) W.E. O'Neil Construction Co. Mr. Jim Long (303) 238-7900 COMPASS BANKS Multiple Locations 30,000 square feet Westile Tile (Belgard) JE Dunn Construction Mr. Matt Proehl (303J 753-8988 CSU Pingree Park Poudre Canyon 7,300 square feet GAF Timberline 30-Year Shingles Colorado State University Ms. Cam Elvheim (970) 491-5274 ENGLE HOMES Multiple Locations 500,000 square feet MonierLifetile / Oakridge 40-year Shingles Mr. Ceri Jones (303) 443-6666 IRONWOOD HOA Boulder, CO 78,000 square feet Tamko Heritage 40-Year Shingles (Oxford Grey) FlagstajjManagement Ms. Franci Orvis (303) 682-0098 KIMBERLY COURT APARTMENTS Boulder, CO 25,000 square feet GAF Timberline 40-Year Shingles Countryside Asset Management Mr. Gary Pahler (303) 530-0700 PLAYERS CLUB VILLAS Castle Rock, CO 191,000 square feet Tamko Heritage SO-Year Shingles (Oxford Grey) Mr. John O'Connor (303) 663-3615 POLO CLUB NORTH HOA Lakewood, CO 540,000 square feet Certainteed Presidential TL (Autumn Blend) Mr. Al Vanzee (720) 888-42/4 QUINCY COMMONS Denver, CO 45,000 square feet Tamko Elite Shingles (Black) Archstone-Smith Communities Mr. Kenny Block (303) 708-5988 SETTLERS CHASE/COLONY RIDGE Thornton, CO 140,000 square feet Tamko Heritage 40-Year Shingles (Weathered Wood) Sovereign Homes Mr. Rick Lindsay (303) 86/-7970 ST. JOHN THE BAPTIST CHURCH Longmont, CO 29,500 square feet Elk Prestique Plus (Antique Slate) Fransen Pittman Construction Mr. Don Chambliss (303) 783-3900 STATE OF COLORADO Lookout Mountain/Mountview Service Centers 60,000 square feet Tamko Heritage 30-year Shingles (Mountain Slate) Wiss, Janey, Elstner Associates Mr. Mike Groditski (720) 962-8688 STRAUSS RESIDENCE Greenwood Village, CO 13,000 square feet Slate Roofing with Copper Flashings Castle Builders Mr. Rick Larson (303) 825-6234 UNIVERSITY PLACE HOA Arapahoe County, CO 46,200 square feet Tamko Heritage 40-year Shingles (Weathered Wood) Advanced Rea[ Estate Services Mr. Tom Johnson (303) 750-1 //6 WHITTLER HOUSING Denver, CO 90,000 square fee[ Tamko Elite Shingles (Black) Palace Construction Mr. John Hammer (303) 777-7999 Commercial & Residential Maintenance Repairs Reroofs 6270 East 50th Avenue Commerce City, CO 80022-4507 (303) 287-3043 Fax (303) 287-3391 Bank Reference List WELLS FARGO 1450 S. Havana St. Aurora, CO 80012 Mr. Stan DePue (303) 752-6311 D & D ROOFING Commercial & Residential Maintenance Repairs Reroofs 6270 East 50th Avenue Commerce City, CO 80022-4507 (303) 287-3043 Fax (303) 287-3391 Trade References ABC SUPPLY CO. Mr. Bob Snowden 2401 E. 40`~ Ave. Denver, CO 80205 (303)293-2700 ALLIED BUILDING PRODUCTS Mr. Terry Leavitt 5252 Sherman St. Denver, CO 80216 (303)296-2222 AMERICAN ROOFING SUPPLY CO. Mr. Vern Randell 4550 E. 52"d Ave. Commerce City, CO 80022 (303)333-3700 D & D MONARCH SHEET METAL, INC. Mr. Ty Mattern 6270 E. 50`h Ave. Commerce City, CO 80022 (303) 287-3375 FOWLER & PETH Mr. Ben Bryan 4795 Forest St. Denver, CO 80216 (303)388-6493 ROOFING SUPPLY OF COLORADO, INC. Mr. Kelly Woods 3750 Nome St. Denver, CO 80239 (303)307-0000 /- - D & D ROOFING Commercial & Residential Maintenance Repairs Reroofs 6270 East 50th Avenue Commerce City, CO 80022-4507 (303) 287-3043 Fax (303) 287-3397 LOCKTON'~ January 3, 2008 Re: D & D Roofing, Inc. To Whom It May Concern: Lockton Companies of Colorado, Inc. handles all surety bonds on behalf of D & D Roofing, Inc. Their bonds are underwritten by Western Surety Company (A.M. Best's Rating A, VIII) and issued through this office. Although no maximum bonding limits have been established (single or aggregate), D&D Roofing has been approved for single projects in excess of $8,000,000 and has an aggregate work program in excess of $10,000,000 available to them. Western Surety Company will favorably consider providing bonds for any project in which D&D Roofing expresses an interest, subject to usual underwriting considerations at the time of the request. Since inception, D & D Roofing has established an excellent reputation with owners, general contractors, architects, engineers and suppliers. We highly recommend this competent and professional firm to you. If you require additional information, please call. Regards, LOCKTON COMPANIES, L).C n ~ AEU ti~ Shelle Cz ~ ov+TSki`~ Account Executive Assistant Vice President cc: D & D Roofing, Inc. Western Surety Company ,;••.'~tcm Cnnir, :;tes o,~ Coie,ri. x~,, Isc. 81106aa l1nio,i ,4cenitei 5uitc 700/hern~cr, (fit) ti0?;74484 (> 3)41$oilP Fati: i i0?I ~t~i-6C(:? ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDOIVY) 10/03/07 vaooucER 1-303-53a-4567 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION IMA of co ioradc, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1550 17th street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 600 Denver, co 80202 ~ INSURERS AFFORDING COVERAGE INSURED INSURER A: Continental Western InSUrance D E D Roofing Inc. MSURER B: 6270 E. 50th Ave. ~ ...... ,,,.,. ,.. Commerce Ci Cy, CO 80022 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAV PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BV PAID CLAIMS. INSR POLICY EFFECTIVE POLICY E%PIRATION TYPE OF INSURANCE POLICY NUMBER TR LIMITS A `. GENERAL LIABILITY ~CWP256346724 10/01/07 10/01/08 EACH OCCURRENCE g 1,000,000 I X COMMERCIAL GENERAL LIABILITY I FIRE DAMAGE (Any one lral S 300,000 'CLAIMS MADE ~,' OCCUR I MED E%P (An Ana person) I S 10, 000 . X ~'PD: $10,000 ~ PERSONALSADV INJURY i $1, 000, 000 . _.. _. _. ___._... _._ I ' 1 GENERAL AGGREGATE $2,000,000 . _ _....___.._. __- 1 G=NI AGGREGATE LIMIT APPLIES PER: '~ PRODUCTS-COMPIOP AGG E 2 • 000, 000 _._ ' '.. ~OLICV X PRO. i ' LOC 1 A AUTOMOBILE LIABILITY !ICWP256346724 10/01/07 10/01/08 COMBINED SINGLE LIMIT $ 1, 000, 000 % ANV AUTO I (Ea accitlenq ALL OWNEp AUTOS ~ ! BODILY INJURY E ! SCHECULED AUTOS (Par person) X ~ HIRED AUTOS I ~ BOOILV INJURY g i X NON~OWNED AUTOS j (Per academy t _ _ _ _. -___ __ j I PROPERTY DAMAGE $ '! I (Per acaden0 GARAGE LIABILITY ', I AUTO ONLY-EA ACCIDENT I $ ~ I ! i , ANV AUTO ' EA ACG OTHERTHAN E - _.., AUTO ONLY: AGG _ $ A 'EXCESS Ugaiury IW257362929 10/01/07 10/Ol/OB EACH OCOURRENCE $1,000,000 _. CLAIMS MADE I X ~000UR ' AGGREGATE $1,000,000 . _ , $ ____ ^EOUCTIBLE E ___ X ~ RETENTION EB ~' $ ! WC STATLL OTH- WORHERSCOMPENSATIONANO ~ 1 T V _ EMPLOYERS' LIABILITY ~ I EL EACH ACCIDENT _ $ ~I E.L. DISEASE-EA EMPLOYE _. E , ~' ~ cL. DISEASE-POLICY LIMIT $ I OTHER ! ~~ ! 5 I I g I g DESCRIPTION OF OPERATIONSILOCATtONSNEHILLESIE%CLUSIONS ADDED BY ENOORSEMENTISPECIAL PROVISIONS onnTC unl nc0 '. e ~ ~.. !`A NF`FI I ATIl1M BHOULD ANY OF THE ABOVE DESCRIBED POULIES BE CANCELLED BEFORE THE E%PIRATION t FOr Information Only GATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL JO OAY9 WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO 08LIGATION OR LIABILITY OF ANY HIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ~~a ACORD 25-5 (7197) lizharria ®ACORD CORPORATION 1985 7207535 ACORD CERTIFICATE OF LIABILITY INSURANCE ioi3i2oo ' . PRODUCER (303) 824-6600 FAX: (303) 370-0118 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Moody Insurance Agency Inc ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE , . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3773 Cherry Creek North Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 800 Denver CO 80209-3804 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: PinRB.C01 Assurance 41190 D & D Roofing, Inc. INSURER e: 6270 E. 50th Avenue INSURER C: INSURER D'. Commerce Oity 00 BDD22 INSURER E: C THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAV PERTAIN, THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAV HAVE BEEN R D CE V PAI LAI INSR AOD'L POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER DATE MMIDONY GATE MMIDO/YV LIMITS GENERAL LIABILITY EACH OCCURRENCE S i COMMERCIAL GENERAL LIABILITV PREMG ET ERENTE~n~ E ~ CLAIMS MADE ~ OCCUR MED EXP An one ersan E PERSONALBADV INJURY E GENERAL AGGREGATE E GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMPIOPA G S PRO- POLICY JECT LOC AUT OMOBILE LIABILITV COMBINED SINGLE LIMIT IEa acddenU $ ANV AUiO ALL OWmIEO AUTOS BODILY INJURY (Per person) E SCHEDULED AUTOS ' HIRED AUTOS BODILY INJURY S NcN-owwED quros (Per a¢idenq PROPERTY DAMAGE (Per accitlenU E GA RAGE LIABILITY AUTO ONLY-EAALCIDENT E ANV AUTO OTHER THAN EAA E i ~ AUTO ONLY' qGG 3 ~ E%CESSIUMBRELLA LIABILITY EA H O URREN E E OCCUR ~ CLAIMS MADE AGGREGATE E 8 ~ DEDUCTIBLE 3 I RETENTION 5 $ A ~ WORKERS COMPENSATION AND X WC STATLL OTH- EMPLOVERS'LIABILITY 000 500 i ANV PROPRIETORIPARTNERIEXECUTIVE E.L. EACH ACCIDENT , 4 ~OF'rICERIMEMBER E%CLVOED? g04B526 10/1/2007 10/12008 E.L DISEASE-EAEMPLOVEE S 500,000 If yes desvibe untler I SPECIAL PRCVISIONS below EL DIBEASE ~POLICV LIMIT S SDD,D00 OTHER I I / DESCRIPTION OF OPERATIONSILOCATIONENEHICLESrE%CLUSIONS AOOEO BY ENOORSEMENTISPECIAL PROVISIONS This certificate is subject to the terms, conditions, and exclusions of the policies. In the event of cancellation for non-payment of premium, a 70-day notice of cancellation will apply. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ****FOR INFORMATION ONLY**** EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 D GAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 50 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANV KING UPON THE ACORD 28 (2001/08) IAICn OC .n. no, na. AUTHORIZED REPRESENTATIVE L Ransom, CI C, CPCU/J ~~4'""-~~r~'o`-""~~-°o'>'~~~ ©ACORD CORPORATION 1988