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HomeMy WebLinkAboutresolution.council.060-13 RESOLUTION # � (Series of 2013) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND ARAPAHOE ROOFING & SHEET METAL, INC. 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 a contract for Roof Replacement on buildings 700 & 800 Marolt Ranch Employee Housing, between the City of Aspen and Arapahoe Roofing & Sheet Metal Inc., 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 that Contract for Roof Replacement on buildings 700 & 800 Marolt Ranch Employee Housing, between the City of Aspen and Arapahoe Roofing & Sheet Metal Inc., 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 t City Council of the City of Aspen on the 10th day of June, 2013. Steven Skad on, 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, June 10, 2013. mod'" Kat n S. Koch, City Clerk 4 CONTRACT FOR CONSTRUCTION OilThe Oily of uspen y proam Y's Offiee THIS AGREEMENT, made and entered into on May 28, 2013, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and ARAPAHOS ROOFING & SHEET METAL INC., hereinafter called the "Contractor". WHEREAS, the City has caused to be prepared, in accordance with the law, specifications and other Contract Documents for the work herein described, and has approved and adopted said documents, and has caused to be published, in the manner and for the time required by law, an advertisement, for the project: MAROLT RANCH EMPLOYEE HOUSING BUILDINGS 700 AND 800 ROOF REPLACEMENT, 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: 1. The Contractor shall commence and complete the construction of the Work as fully described in the Contract Documents. 2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Work described herein. 3. The Contractor shall commence the work required by the Contract Documents within seven (7) consecutive calendar days after the date of "Notice to Proceed" and will complete the same by the date and time indicated in the Special Conditions unless the time is extended in accordance with appropriate provisions in the Contract Documents. 4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for a sum not to exceed One Hundred Fifty Seven Thousand Four Hundred Thirty Four ($157,_ 4`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 Cu 971.a0c Page 1 *"CC 1 1 Special Conditions. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here. 6. The City shall pay to the Contractor in the manner and at such time as set forth in the General Conditions, unless modified by the Special Cnnditions; gi,r_.h amountc 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 agreement shall not be binding upon the City unless duly executed by th-08-040. This e City Manager or the Mayor of the City of Aspen (or a duly authorized official in his/her absence) following a resolution of the Council of the City of Aspen authorizing the Mayor or City Manager (or a duly authorized official in his/her absence) to execute the same. 8. This agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Contractor respectively and their agents, representatives, employees. Successors, assigns, and legal representatives. Neither the City nor the Contractor shall have the right to assign, transfer or sublet his or her interest or obligations hereunder without the written consent of the other party. 9. This agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom the Contractor or the City may assign this Contract For Construction in accordance with the specific written consent, any rights to claim damages or to bring suit, action or other proceeding against either the City or the Contractor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 10. No waiver of default by either party of any terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 11. The parties agree that this Contract for Construction was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be kept exclusively in the courts of Pitkin County, Colorado. 12. In the event that legal action is necessary to enforce any of the provisions of this Contract for Construction, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 13. This Contract for Construction was reviewed and accepted through the mutual efforts of the parties hereto, and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of this Contract for Construction. CC1-971.doc Page 2 "CC 1 v 14. The undersigned representative of the Contractor, as an execute this Contract for Construction, represents that the/she eist an the authorized representative representative of the Contractor for the purposes of executing this Contract For Construction and that he/she has full and complete authority to enter into this Contract for Construction fnr tha farms and rnnriitinnc enarifiarl herein IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction on the date first above written. ATT TED BY: ) CITY OF E COLORADO By: �i Title: RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: City Engineering Department By. �� ���— ity Attorney ATTESTED BY: CONTRACTOR: -, - By: Title:_ 1 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. CC1-971.doc Page 3 *CC1 CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATF OF COUNTY OF- ) , SS. On this da_ y of before me appeared being by me first sworn did sa that s/he is to me personally known, who, of ��5 e and that the seal affixed to said instrument is the co orate 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 de on nt acknowledged said instrument to be the free act and deed of said corporation. p WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above bove Not Public r. 3(yCOsmisswn EVires Address My commission expires: August 2,2015 CC1-971.doc Page 4 *CC 1 miko Contractor License All I License Number: C-006390 THE C j r OF AsPFN ISSUED DATE: 05/21/2013 EXPIRATION DATE: 5/21/2016 Contractor Type: Roofing ARAPAHOE ROOFING AND SHEET METAL, INC 1501 S ARTHER AVE LOUISVILLE, CO 80027 r ief Building Officia Aspen Chief Building Official,Pitkin Co. i Bond No. 0578514 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS:That we,the undersigned,as, Arapahoe Roofing and Sheet Metal, Inc. nrtaP 5 ame having a legal business address at 1501 South Arthur Avenue Louisville, CO 80027 a Co- ranWISNP,o, as Principal,hereinafter called"Principal",and Allegheny Casualty Company ama a u One Newark Center, 20th Floor, Newark, NJ 07102 ress o a corporation organized under the laws of the State of PA and fied to transact business in the State of Colorado,hereinafter called',Surety",are held and firmly bound unto the City of1Aspen,a Colorado home rule municipality,as Obligee,hereinafter called"City', in the amount of: One Hundred FiftY Seven Thousand Four Hundred Thirt Four Dollars and 00 loo money of the United States for payment whereof Principal and Surety bind themselves, their 3 heirs,_,, in lawful executors, � administrators,successors and assigns,jointly and severally,firmly unto these present. WHEREAS, Principal has by written agreement dated May 28, 2013, entered into a contract with City for 2013-060 Marolt Ranch Employee Housing Buildin s 700 and 800 Roof Re lacement in accordance with the Contract refe Documents which Contract Documents is by rence made a part hereof, and is hereinafter referred to as the Contract. NOW,THEREFORE,if Principal shall well, truly and faithfully perform its duties,all the undertakings,covenants,terms, conditions and agreements of said Contract during the original term thereof,and any extensions thereof which may be granted by the City,with or without notice to the Surety and during the guaranty claims and demands incurred under such Contract,and shall fully indemnify and save armless City from x111 costs and satisfy all damages which it may suffer by reason of failure to do so, and shall reimburse and repay the City all outlay and expense which the City may incur in making good any default, then this obligation shall be void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the City. Whenever Principal shall be, and declared by City to be in default under the Contract, the City having performed City's obligation hereunder,the Surety may promptly remedy the default or shall promptly: (1) Complete the Contract in accordance with its terms and conditions,or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the City elects, upon determination by the City and Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and City, and make available as work progresses(even though there should be a default or succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price,including other costs and damages for which the Surety may be liable hereunder,the amount set forth in the first paragraph hereof.The term"balance of the Contract price,, as used in this paragraph, shall mean the total amount payable by City to Principal under the Contract and any amendments thereto,less the amount properly paid by City to Principal. (3) Any contract or succession of contracts entered into hereunder for the completion of the Contract,shall also be subject to this bond as part of the original Contract obligations. This bond is intended to be in satisfaction of, and in addition to, the bond required pursuant to Section 38-26-106, C.R.S.,as amended. CC1-971.doc Page g "CC9 Bond No. 0578914 This bond, as a penalty and indemnification bond, shall also entitle City to recover as part of the completion of the Contract or the payment of any labor or material costs hereunder, actual and consequential damages, liquidated and unliquidated damages,costs,reasonable attorneys fees and expert witness fees, including,without limitations,the fees of engineering or architectural consultants. Surety, for value received, hereby stipulates and agrees that to indemnify and save harmless the City to the extent Qf any and all payments in connection with the caing out of the contract which the City may be requi the law by any reason of such failure or default of the Principal. red to make under Further, Surety and Principal shall protect, defend, indemnify and save harmless fhe City's officers, agents, servants, and employees from and against all claims and actions and all expenses incidental to the defense of such claims or actions, based upon or arising out of injuries or death of persons or damage to Property connection with, this Contract by conditions created thereby, and on request ethe Cityw assume by, ye or sustained any claim or action brought against the City. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City named herein or the employees,agents,administrators or successors of City. SIGNED AND SEALED this 28th dayof May ,2{} 13 , PRINCIPAL: Arapahoe Roofing and Sheet Metal, Inc. (seal) By_ Attest: Title: SURETY: Allegheny Casualty c mpany' By. ,/,, (seal) ylit� , Attest:/ witne Title- Florietta Acosta Attorney- n-Fact J. Rini, Witness NOTE:Accompany this bond with certified Copy of General Power of Attorney from the Surety to include the date of the bond.(Date of Bond must not be prior to date of Contract_)if Principal is Partnership,ail partners should execute Bond. CC1-971.00c Page 10 "CC1 Bond No. 0578914 PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS:That we,the undersigned,as, Arapahoe Roofina and Sheet Metal, Inc. nnciPas ame having a legal business address at 1501 South Arthur Avenue Louisville, Co 80027 nnrapa s o ress a Co oration, or as Principal,hereinafter called"Principal",and nn gs R � ua Allegheny CasualtV company ure s ame One Newark Center, 20th Floor, Newark, NJ 07102 s a corporation organized under the laws of the State of PA State of Colorado, hereinafter called"Suretyfirmly and qualified to transact business in the municipality,as Obligee,hereinafter called"Ci are held and unt bound unto the City of Aspen,a Colorado home rule #y', in the amount of One Hundred Fifty Seven Thousand Four Hundred Thirty Four Dollars and 00/1o0 money of the United States for payment whereof Principal and Surety bind themselves$ their heirs, ex cutoful administrators,successors and assigns,jointly and severally,firmly unto these present. WHEREAS, Principal has by written agreement dated May 2_ 8 2013 entered into a contract with the City for a project Contra enfitled:2013-060 is Marolt whi Ranch Em to ee Housing Buildin s 700 and 800 Roof Re lacement in accordance with the Contract Documents which COntraCt Documents is by reference made a part hereof,and is hereinafter referred to as the Contract. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants hereinafter defined, for all labor and material used or reasonably required for the use in the Performance of the Contract, then this obligation shall be void;otherwise it shall remain in full force and effeck subject, however,to the following conditions: 1. A Claimant is defined as having a direct contract with the Principal or with subcontractor of the Principal for labor, material, or both, used or reasonably required for the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment directly applicable to the Contract. 2. The above-name Principal and Surety herebyjointly and severally agree with the City that every claimant as herein defined who has not been paid in full before the expiration of ninety(90)days after the date on which the last of such claimant's work or labor was done or performed or materials were furnished by such claimant, may sue on this bond for use of such sums as may be justly due claimant,and have execution thereon.The City shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall commence hereunder by any claimant: (a) Unless claimant, other than one having a direct contract with the Principal shat[ have given written notice to any of the following: The Principal, the City, or the Surety above named, within ninety(90) days after such claimant did or performed the last of the work or tabor,or famished the last of the material for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work of labor was done or performed.Such notice shall be served by mailing the same registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, City or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State of Colorado. (b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, however,that if any limitation embodied in this Bond is prohibited by any law controlling CC 1_9/1.00c Page 5 "CC1 Bond No. 0578914 the construction hereof, such Iimitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state of competent jurisdiction in and for the County of Pitkin,State of Colorado. 4. The amount of this Bond shall be reduced to the extent of any payment or payments made hereunder, inclusive of the payment by surety of liens or claims which may be filed of record against the improvement(s),whether or not claim for the amount of such lien be presented under and against this Bond. 5. This Bond is intended to be in satisfaction of, and in addition to,the bond required pursuant to Section 38- 26-105, C.R.S.,as amended. 6. No final settlement between the City and Principal shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. SIGNED AND SEALED this 28th day of Ma 2t) 13 _ PRINCIPAL: Arapahoe Roofing and Sheet Metal, Inc. (seal) By: Attest: Title: SURETY: Alle hen casualt comiDanv By: I 6-u— - (seal) Attest: / witnes Title: Florietta Acosta, Attorne -In-Fact Rini, Witness NOTE:Accompany this bond with certified copy of General Power of Attorney from the Surety Company to include the date of the bond. (Date of Bond must not be prior to date of Contract). if Principal is a Partnership, all partners should execute Bond. CC1-971.00c Page 6 "CC1 Bond No. 0578914 MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS,That we,the undersigned,as Arapahoe Roofincr and c 1501 South Arthur Avenue tal Inc, Of Louisville, CO 80027 hereinafter referred to as"Principal",and as Principal, Allegheny Casualty Company One Newark Center, 20th Floor, Newark, NJ 07102 a corporation organized under the (aws of the State of PA business in the State of Colorado,as "Surety"are held and firmly bound unto the City of Aspen, Colorado, as obligee, hereinafter referred to as"City and qualified to transact in the penal sum of: One Hundred Fifty seven Thousand Four Hundred Thirty Four Dollars and 00/100 Dollars t ruly to be made to the Ci 157, well and t lawful money of the United States of America, for the Pa adty, we bind ourselves, and our heirs, executors, administrators, successors, and assignees,jointly and severally,by these presents: Payment of which sum, WHEREAS, said Principal has entered into a written Contract with the obligee dated May 28, 2013, for furnishing all equipment, labor, tools and materials for: 2013-060 Maroft Ranch Employee Housing Buildin s 700 and 800 Roof Replacement in accordance with detailed plans and specifications on file in the office of the Cify Clerk of said City, a copy of which Contract is attached hereto and made a part hereof. NOW THEREFORE, The conditions of the foregoing obligations are such that if the said Principal shall well and truly perform all the covenants and conditions of this Contract on the part of said Principal to be performed, and repair or replace all defects for a period of two year(s) as provided herein, and protect and save harmless the City of Aspen, Colorado,from all loss and damages to life or property suffered or sustained by an or corporation,caused person, by said Principal or his agents or his employees, in the performance of said work, or by, orrin consequence of any negligence, carelessness, or misconduct in guarding and protecting same, or from any improper or defective equipment or materials used in the work,or other damages, costs and expenses and set forth in such Contracts,then this obligation shall be void otherwise to remain in full force and effect in law. This Bond guarantees that the material and equipment famished and used, and workmanship employed in the performance of the work described in this Contract will be of such character and quality as to insure it to be free from all defects and in continuous good order and in a condition satisfactory to the Governing Body of the City of Aspen for a period of two year(s)from the date of the issuance of the Certificate of Completion. This Bond guarantees that the said Principal will keep and maintain the subject work without additional charge or cost to the City of a period specified, and make such repairs or replacement of any defective construction as the City may deem necessary. CC1-971.doc Page 7 '*CC1 Bond No. 0578914 The said Principal shall not be required to maintain any part of the improvement under this guarantee which, after its completion and acceptance shall have been removed or altered by the City or its agent. SIGNED AND SEALED this 28th day of May 20 13. PRINCIPAL: Arapahoe Roofing and Sheet Metal, Inc. (seat) By: Attest: Title: SURETY: Allegheny casualty Company —__(seal) By: -:� Attest:/ witne s: Title: Flcrietta Acosta, Attorney-in-Fact ini, Witness (Accompany this bond with certified copy of General Power of Attorney from the Surety Company to include the date of the bond.) CCI-971.doc Page 8 "GCi TAI(973)6247200 POWER OF AT'Tt Rkt INTERNATIONAL FIDELITY INSURANCE CQMPANY ALLEGHENY CASUALTY COMPANY'' ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY;INSURANCE COMPANY`,a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation rr organized and existing under the laws of the State of Pennsylvania,having their principal office in the City of Newark,New Jersey,do hereby constitute and appoint DILYNN GUERN, FLORIETTA ACOSTA, J.R.'TROJAN, SUSAN J. LATTARULO, TODD BENGFORD, MARK SWEIGART, DONALD E. APPLEBY, SARAH BROWN, KEVIN W. MCMAHON, LINDSEY KNICKERBOCKER Denver, CO. their true and lawful attorneys)-in-fact to execute seal and deliver for and on its behalf as sure and other writin s obligatory in the nature thereof, which are or may be allowed,required or permitted by law,statute,rule,re ulabon contra g surety,any and all bonds and undertgakings,contracts of indemnity and the execution of such instruments) mppursuance of these presents,shall be as binding upon the said INTERNAT7ONAL'FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY as fully and amply, to all intents and purposes,as if the same had been duly t or INSURANCE acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed,and may be revoked, pursuant to and by authority of the B -Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and b of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July,2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August,2000: y authority of the following resolution adopted by the Board of Directors "RESOLVED,that (1)the President, Vice President, or Secretary of the Corporation shall have the power to appoint, Attomeys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney,and to execute on behalf of the Corporation' and affix the Corporation's seal thereto,bonds,undertakings, recognizances;contracts of indemnittyypond other wen obid�ggationsonthf the f appointments of related thereto; and(2)any such Officers of the Corporation may appoint and'revoke the ap intm ni and custodians,agents nature acceptance e reof r po g ature thereof or process,and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation;and 3)the signature of any such Officer the Corporation and the Corporation's seal may be affixed b facsimile townyy attorney of rec nuance, contract of indemnity or other written obligation in the nature thereof or related thereto,such signature and sea oogg pU power of attorne or certification given for the execution of any bond,undertaking, and binding of in or hereafter, being here y adopted by the Corporation as the original signature of such officer and the original seal of the Corporation,to be valid and binding upon the Corporation with the same force and effect as though manually affixed." Is when so used whether IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 12th day of March,2012, y STATE OF NEW JERSEY County of Essex �A G►iy C 1936 ROBERT W.MINSTER >+ Executive Vice President/Chtef Opperating Officer p (international Fidelity Insurance Company) � and President(Allegheny Casua yLVN�� lty Company) On this 12th day of March 2012, before me came the individual who executed the preceding instrument,to me personally known,and, being by me dul y sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and_ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, l have hereunto set m hand affixed m Official Seal, �Figif y .+�'�� � e' at the City of Newark,New Jersey the day and year first above written TA '0ATEW��' � A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Mar.27,2014 !!lTflµ4i1�3�A I,the undersigned officer of INTERNATIONAL FIDELITY INSURANCEICOM ANN and ALLEGHENY CASUALTY COMPANY do compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Companies as set forth in said hereby certify that I have Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct'transcripts thereof,and of the whole' of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this 28th day of May, 2013 1 b1AR1A SRANCQ;Ass�staret Secretary i CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYy THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CE ) CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORD HOLDER. ij BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),HOLDER. THIS REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. ED BY THE POLICIES IMPORTANT: c 111 the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED subject i the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer i certificate holder in lieu of such endorsement(s). rights to PRODUCER rights to the Van Gilder Insurance Corp. TA T 1515 Wynkoop, Suite 200 NAME. Denver CO 80202 PHONE A/C No Ext:303-837-8500 E-MAIL ac No)-303-831-9295 INSURED ADDRESS: INSURERS AFFORDING COVERAGE INSURER A:Co tin n al C U I NAIC# Arapahoe Roofing and Sheet Metal, Inc. INSURER—11.4 CL m n R f 1501 Arthur Ave. INSURER C: 18 1 Louisville CO 80027 INSURER D: INSURER E: COVERAGES CERTIFICATE NUMBER: INSURER F: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BOOOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH WITHI RESPECT TO i CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUB THE POLICY PERIOD EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, WHICH THIS wsR SUBJECT TO ALL THE TERMS, LTR TYPE OF INSURANCE ADDL SUBR A GENERAL LIABILITY INSR WVD POLICY NUMBER POLICY EFF POLICY EXP /1/2013 X 029338590 1/2013YYYY MM/Do IYYYy LIMITS COMMERCIAL GENERAL LIABILITY /1/2014 EACH OCCURRENCE CLAIMS-MADE OCCUR DAMAGE TO RENTED $1,000,000 PREMISES Ea occurrence $300,000 MED EXP(Any one person) $10,000 PERSONAL BADVINJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X P RO- LOC PRODUCTS-COMP/OPAGG $2,000,000 A AUTOMOBILE LIABILITY X 4029338587 /1/2013 $ ANY AUTO /1/2014 ALL OWNED $1,000,000 Ea accident AUTOS SCHEDULED AUTOS BODILY INJURY(Per person) $ X HIRED AUTOS X NON-OWNED AUTOS BODILY INJURY(Per accident) $ PerOPERTY DAMAGE $ B X UMBRELLA LIAR X OCCUR L2084717231 $ EXCESS LIAR /1/2013 /1/2014 CLAIMS-MADE EACH OCCURRENCE $6,000,000 DED X RETENTION$0 AGGREGATE A WORKERS COMPENSATION $6,000,000 AND EMPLOYERS'LIABILITY 029338606 ANY PROPRIETOR/PARTNER/EXECUTIVE YIN /1/2013 /1 $ /2014 X WCSTATU- OFFICER/MEMBER EXCLUDED? T Y MIT OTH- (Mandatory in NH) N/A If es,describe under E.L.EACH ACCIDENT $1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-EA EMPLOYE $1,000,000 E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) General Liability Coverage includes Asbestos for above roof line work As required by written contract or written agreement, the Certificate Holder is included as Additional Insured for ongoin o era i General Liability. 9 p tons under CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Aspen THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1301 S Galena Street ACCORDANCE WITH THE POLICY PROVISIONS. Aspen CO 81611 AUTHORIZrED REPRESENTATIVE,r l�ijll� y ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD RD CORPORATION. All rights reserved. J Arapahoe Roofing&Sheet Metal,Inc Policy # G-140331-A 4029338590 (Ed. ()9101) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE SEE PARAGRAPH CA, OF THiS ENDORSEMENT FOR THESE DUTIESSE' CLAIM OR SUIT. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the foffowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Designated Project: BLANKET PER WRITTEN CONTRACT (Coverage under this endorsement is not affected by an entry or lack of entry in the Schedule above.) A. WHO IS AN INSURED (Section 10 is amended to 3. The coverage provided to the additional insured include as an insured any person or organization, including any person or organization shown in the by this endorsement and Paragraph f. of the schedule above, (called additional insured) whom definition of insured contract" under you are required to add as an additional insured on DEFINITIONS (Section V) do not apply to this policy under a written contract or written 'bodily injury" or"Property damage"arising out of agreement, but the written contract or written a "Products-completed operations hazard" agreement must be* unless required by the written contract or written t. Currently in effect or becoming effective during agreement. the renal of this policy,and g 't• The insurance provided to the additional insured 2. Executed prior to the 'bodily " «ms e,* or to "bodily injury,' "pry -lama e,"or" �` Property damage,* personal and advertising injury' g personal and advertising injury°, arising out of an architects, engineer's, or S. The insurance provided to the additional insured is surveyoirs rendering of or failure to render any limited as follows- professional services including- 4. That person or organization is an additional a. The preparing, approving, or failing to insured solely for liability due to your negligence Prepare or approve maps, shop drawings specifically resulting from "your work" for the opinions, reports, surveys, field orders, additional insured which is the subject of the Change orders or drawings and written contract or written agreement. No specifications;end coverage applies to liability resulting from the b. Supervisory or inspection activities sole negligence of the additional insured. Performed as 2. The Limits of Insurance. applicable to the architectural or engirt eringfactivit es.related additional insured are those specified in the C. As respects the coverage written contract or written agreement or in the endorsement, SECTION �prnvi C under this Declarations of this policy; whichever is less. GENERAL LIABILITY CONDITIONS are�amended These Limits of insurance are inclusive of, and as follows: not in addition to, the Limits of Insurance shown in the Declarations. G-140331-A (Ed 01/01) Page 1 of 2 CNA G-140331-A (Ed 01/01) 1- The following is added to the Duties In The Event of Occurrence, Offense, Glairr► or Suit f. We have no duty to defend or indemnify an Condition: additional insur ed under this endorsement e h n 4A:�,�„_, until we receive written notice of a Claim or • •�, eumvel vl ti�r ijIz0fed Under this uSuit'f-- endorsement wilt as soon as Practicable: G avuiarvr+ar neau�ru z Paragraph 4-b.of the Other insurance Condition Vj dive written notice of an occurrence or is deleted and replaced with the following. an offense to us which may result in a claim or"suit"under this insurance; 4- Other Insurance (2) Tender the defense and indemnity of b. Excess tasurance any claim or 'suit' to any other insurer This Insurance is excess over any other Which also has insurance for a loss we insurance naming the cover under this Coverage Part;and as an insured whether Primary,lexceses,, (3) Agree to matte available any other contingent or on any other basis unless insurance which the additional insured a Witten contract or written agreement has for a loss we cover under this specifically requires that this Insurance Coverage Part be either primary or primary ry and G-140331-A (lid.01/01) Page 2 of 2