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CONSTRUCTION CONTRACT ST. BRIDGE WIDENING - 2008 THIS CONTRACT, dated this 16TH Day of September, 2008 by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho (hereinafter 'City') and A & R Construction, Inc. (hereinafter 'Contractor'): WITNESSETH: WHEREAS, pursuant to the invitation of the City, extended through an officially published "Advertisement for Bids", the Contractor did, in accordance therewith file with the City a proposal containing an offer which was invited by said notice; and WHEREAS, the City has determined that said offer was the lowest and best submitted: NOW THEREFORE, the parties to this Contract, in consideration of the mutual covenants and stipulations set out, agree as follows: ARTICLE 1. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between the City and the Contractor concerning the work to be performed are this Contract, pages one through four and the following: 1. Advertisement for Bids; 2. Project Specifications titled: ST. BRIDGE WIDENING - 2008; 3. Bid/Proposal of the Contractor, dated September 12, 2008, physically attached to this Contract; 4. The Engineering Plans; 5. Performance and Payment Bonds and Insurance Certificates, physically attached to this contract; 6. Addenda issued prior to opening of bids (n/a this contract); 7. Change Orders which may be delivered or issued after the effective date of this Contract. There are no Contract Documents other than those listed in Article 1. This Contract may only be amended by change order as provided in the General Conditions. ARTICLE 2. WORK The Contractor shall complete the entire work as specified, indicated and required under the Contract Documents for City of Moscow project titled: ST. BRIDGE WIDENING - 2008 ARTICLE 3 . CONTRACT TIME I SUBSTANTIAL COMPLETION The work to be performed pursuant to this Contract shall be substantially complete on or before November 15, 2008, unless adjustment of the contract time is made in accordance with the provisions of the Contract Documents. The Contractor shall begin work in conformance with the Contract Documents and shall complete the work prior to the date of completion. PAGE 1 - CONSTRUCTION CONTRACT ---PAGE BREAK--- ARTICLE4. CONTRACT SUM The City shall pay the Contractor for completion of the work in accordance with the Contract Documents in current funds the amount of Ninety-Seven Thousand Dollars ($97 ,000.00). Said Contract Sum shall be paid in accordance with the Contract Documents. ARTICLES. INDEPENDENT CONTRACTOR The parties warrant by their signature that no employer-employee relationship is established between the Contractor and the City by the terms of this contract. It is understood by the parties hereto that the Contractor is an independent contractor and as such neither it nor its employees, agents, representatives or subcontractors, if any, are employees of the City for purposes of tax, retirement system, or social security (FICA) withholding. ARTICLES. SCOPE OF SERVICES The Contractor shall perform all services required by the Contract Documents. All work shall be completed in accordance with the plans and specifications established for this project. ARTICLE7. HOLD HARMLESS /INDEMNIFICATON In addition to other rights granted the City by the Contract Documents, the Contractor shall indemnify and save harmless the Engineer and the City, its officers and employees, from all suits, actions, or claims of any character brought because of any injuries or damages received or sustained by any person, persons, or property on account of the operations of the Contractor or his subcontractors; or on account of or in consequence of any neglect in safeguarding the work; or because of any act or omission, neglect, or misconduct of the Contractor or his subcontractors; or because of any claims or amounts recovered from any infringements of patent, trademark or copyright; or from any claims or amounts arising or recovered under the Workmen's Compensation Act or any other law, ordinance, order or decree. ARTICLES. CONFLICT OF INTEREST The Contractor covenants that it presently has no interest and will not acquire any interest, direct, or indirect, in the project which would conflict in any manner or degree with the performance of its services hereunder. The Contractor further covenants that, in performing this Contract, it will employ no person who has any such interest. Should any conflict of interest arise during the performance of this Contract, Contractor shall immediately disclose such conflict to the Project Engineer I Engineer and the City. ARTICLE9. ENTIRE AGREEMENT, MODIFICATION AND ASSIGNABILITY This Contract and the exhibits hereto contain the entire agreement between the parties, and no statements, promises, or inducements made by either party, or agents of either party are valid or binding unless contained herein. This Contract may not be enlarged, modified or altered except upon written agreement signed by the parties hereto. The Contractor may not subcontract or assign its rights (including the right to compensation) or duties arising hereunder other than as contemplated by the Contract Documents, without the prior written consent and express authorization of the City. PAGE 2 - CONSTRUCTION CONTRACT ---PAGE BREAK--- ARTICLE 10 . ADHERENCE TO LAW REQUIRED All applicable local, state and federal statutes and regulations are hereby made a part of this Contract and shall be adhered to at all times. Violation of any of these statutes or regulations by the Contractor shall be deemed material and shall subject the Contractor to termination of this Contract for cause. No pleas of misunderstanding or ignorance on the part of Contractor will in any way serve to modify the provisions of this requirement The Contractor and his surety shall indemnify and save harmless the City and its employees, agents and representatives against any claim or liability arising from or based on the violation of any such laws, codes, ordinances, or regulations, whether by himself, his employees, or his subcontractors. ARTICLE 11. LEGAL FEES In the event either party incurs legal expenses to enforce the terms and conditions or this Contract, the prevailing party is entitled to recover reasonable attorney's fees and other costs and expenses, whether the same are incurred with or without suit. ARTICLE 12. SPECIAL WARRANTY The Contractor warrants that nothing of monetary value has been given, promised or implied as remuneration or inducement to enter into this Contract. The Contractor further declares that no improper personal, political or social activities have been used or attempted in an effort to influence the outcome of the competition, discussion, or negotiation leading to the award of this Contract. Any such activity by the Contractor shall make this Contract null and void. ARTICLE 13. COMMUNICATIONS Such communications as are required by this Contract shall be satisfied by mailing or by personal delivery to the parties at the following address: Contractor: A & R Construction, Inc. P.O. Box 881 Lewiston, ID 83501 City: City of Moscow P Box 9203 Moscow, ID 83843 PAGE 3 -CONSTRUCTION CONTRACT ---PAGE BREAK--- ARTICLE 14. EXECUTION IN WITNESS WHEREOF, said Contractor and the City have caused this Contract to be executed on the day and year first above written. . BC' C'rhl CiaE ACKNOWLEDGMENT State of J:f,tt-IUJ ) ) ss County of fk:J &P/t.L ) On this day of \,lep/t:tnf:wt , 2008 UCDC< ffl, ov l!r , personally / appeared Alvin Connerley and Dirk Connerley known to me to be the President and Vice President of A & R Construction, Inc. described in the above document and acknowledged to me they executed the same. NotarY Public residing atnl\ o(R, JV My commission expires: )i,/xo!'J Date PAGE 4 - CONSTRUCTION CONTRACT ---PAGE BREAK--- \1ayor and City Counci I Citŧ or \loSCO\\. Idaho BID PROPOSAL Date: 9/12/08 fhi::, proposal is submitted Js an offer b) the undersigned to enter into contract with the Cit-y of \1osCO\\. Jdahn as represented h: the City Council. hereinafter referred to as the 'CITY' for STREET BRIDGE V..:IDEƑ IŨG - 2008. specified herein and v.hich construction documents are on file ith the City Engineer. Paul Mann Building. 221 East 2"J Street. \·1oscO\\. Idaho. and hich are a condition hereof\\ ith the same force and effect as though they were attached hereto. The offer is conditioned on the following declarations as to the facts. intention and understanding of the undersigned and the agreement of the ClTY to the tenns and prices herein submitted. I. 4. A II project specifications and drawings examined b) the undersigned and their tenns and conditions are hereby agreed to. The undersigned certifies that he has received or made himself aware of any and all existing site conditions that may affect the proposed work. It is understood that the contract drawings may be supplemented hy additional drawings and specifications in explanation and elaboration of the contract drawings and it is agreed that such supplemental drawings. when not in conflict with those referred to in paragraph I above, will have the same force and effect as if attached hereto and that when received the) will be considered a part of the contract. The undersigned will furnish separate perfonnance and payment bonds in the full amount of the contract price. 5. (NIA THIS PROJECT) The cash. certified check. bid bond. or cashier's check accompanying this proposal shall be forfeited to the City of Moscow, Idaho to the extent of 5% of the amount bid if the undersigned shall fail or refuse to execute the contract, furnish performance and payment bonds, and insurance certificate as required by the specifications within the time limit therein after notification that the said proposal is accepted, all in accordance with the provisions of this proposal and the specifications. 6. The undersigned further agrees that the CITY shall have the right to accept or reject any bid deemed to be in the best interest of the City. 7. The undersigned agrees to order all necessary equipment and materials within a period of three days after Notice to Proceed has been issued by the Engineer. 8. The undersigned. as a bidder. acknowledges that Addenda Number f/4- through have been delivered to him and have been examined as part of the contract documents. c1 The undersigned agrees to complete all \\Ork embraced in the contract \\ithin the time limitations set for1h in paragraph 18-13 of the Instruction to Bidders. I 0. The undersigned holds Idaho State Public Works Contractor's License l\umber Stn:Łt BridgŃ.: 1dcning SpecJJicauonł Page:: ---PAGE BREAK--- I I . The unJc:r:-.igneJ propo:->e+ w usc the j()llo\\ ing Ɛuh-contractors in the performance mectti\0Ə ti":t: contract requirements. Information herein must compl) with Idaho Code Section 6 7-:2310 and IB-16: Idaho Public S Amount a. - b. c_ 12. The undersigned proposes to furnish lahar, materials. equipment and services of all kinds required for STREET BRIDGE WIDENING - 2008 as described in the specitications, including all appurtenant worL all as required by the specifications and this proposal for prices in accordance with the completed schedule contract prices as follows: BID SCHEDULE To construct the STREET BRIDGE WIDENING - 2008, as specified, the bidder submits a lump sum price of +RA- ttui -D()tlarS A A)O cervfs. (price in words) $ ( dollars and cents L A & R CONSTRUCTION, INC. DIRK CONNERLEY VICE PRESIDENT Official Title SEAL Ŧif incorporated) Dated at LEWISTON, ID · · - P.O. BOX 881, LEWISTON, ID 83501 - Mailing Address 10377-AAA-1-2-3 Public Works License IDAHO Slate of Incorporation if Incorporated This 12THda\ of SEPTEMBER . 2008. Street Bridge Widening Specdicat t('ll' Page ---PAGE BREAK--- SAFE C 0' PERFORMANCE BOND Bond No. 6341866 KNOW ALL BY THESE PRESENTS, That we, A & R Construction, Inc. (hereinafter called the Principal), as Principal, Safeco Insurance Company of America , a corporation duly organized under the laws of the State of Washington (hereinafter called the Surety), as Surety, are held and finnly _ bound unto the City of Moscow , (hereinafter called the Obligee), in the sum ninety seven thousand dollars and 00/100 97,00.00 ) Dollars, for the payment of which sum well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and scaled this 18th day of September ' 2008 WHEREAS, said Principal has entered into a written Contract with said Obligee. dated SeEtember 18, 2008 for D St. Bridge Widening - 2008 in accordance with the terms and conditions of said contract, which is hereby referred to and made a part hereof as if fully set forth herein: NOW, THEREFORE, THE CONDITION OF TI·IIS OBLIGATION IS SUCH, That if the above bounden Principal shall well and truly keep, do and perfom1 each and every, all and singular, the matters and things in said contract set forth and specified to be by said Principal kept, done and performed, at the times and in the manner in said contract specified, or shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal so to do, then this obligation shall be null and void; othe1wise shall remain in full force and effect. NO SUIT, ACTION OR PROCEEDING by the Obligee to recover on this bond shall be sustained unless the same be commenced within two years following the date on which Principal ceased work on said Contract. S-0757/GEEF 7196 A & R,.ConstructioJ1, Inf ŀ / , 1 Principal By 1 A +-vzo . . / Safeco Insurance ComEany of AmetiCll' By b.o o c, Ǝ Della J. Allen Attor:1ey-in-Fact ---PAGE BREAK--- POWER Safeco Insurance Company of America General Insurance Company of America Safeco Plaza OF ATTORNEY Seatlle, WA 98185 KNOW ALL BY THESE PRESENTS: No. 323 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ***DELLA J. ALLEN; CHERYL A. ASHBY; JAMES M. HEWITI; DON MCQUARY; PHIL STONEBRAKER; Clarkston, Washington"****'***** its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 20th December 2007 day of STEPHANIE DALEY·WATSON,SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT, SURETY CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13.- FIDELITY AND SURETY BONDS the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopled July 28, 1970. "On any.certificate executed by the Secretary or an assistant secretary of the Company setting out, The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley-Watson , Secretary of SAFE CO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations. and of a Power of Attorney issued pursuant thereto, are true and correct. and lhat both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, J have hereunto set my hand and affixed the facsimile seal of said corporation this day of STEPHANIE DALEY-WATSON, SECRETARY Safeco® and the Safeco logo are regislered trademarks of Safeco Corporation. S-097 4/DS 4/05 WEB PDF ---PAGE BREAK--- SAFE C 0' PAYMENT BOND BOND NO. 6341866 KNOW ALL BY THESE PRESENTS, That we, A & R Construction, Inc. (Here insert the name and address or legal title of Contractor) as Principal, hereinafter called Principal, and SAFECO INSURANCE COMPANY OF AMERICA, a Washington Corporation, as Surety, hereinafter called Surety, are held and firmly bound unto the City of Moscow (Here insert the name and address or legal title of Owner) as Obligee, hereinafter called Owner, for the use and benefit of Claimants as herein defined, in the amount of ninety seven thousand dol lars and 00/l 00 Dollars($ 0_ 0 ._00 (Here insert a sum equal to at least one-half of the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated S _ b_ e_r_ _ 2008 entered into a contract with Owner for D St. Bridge Widening - 2008 in accordance with the tenns and conditions of said contract, which is hereby referred to and made a part hereof. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH That if the Principal shall make payment to all Claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contact, then this obligation shall be void; otherwise shall remain in full force and effect, subject, however, to the following conditions: I. A Claimant is defined as one having a direct Contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for usc in the performance of the Contact. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every Claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such Claimants work or labor was done or peformed, or materials were furnished by such Claimant may sue on this bond for the use of such Claimant, prosecute the suit to final judgment for such sum or sums as may be justly due Claimant, and have execution thereon. 3. No suit or action shall be commenced hereunder by any Claimant. a) Unless Claimant, other than one having a direct Contract with the principal, shall have given notice to any two of the following: The Princpal, the Owner, or the Surety above named, within ninety (90) days after such Claimant did or performed the last of the work or labor, or furnished the Last of the materials for which said claim is made. b) After the expiration of one Year following the date on which Principal ceased work on said Contract. If the provisions of this paragraph arc void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. Signed and scaled this 1_8t_ h day of Septem ber S-4174/SAEF 2197 2008 A Iflc. By LJR SlJ2:c..= D C Principal Atton:ey-m-Fact ---PAGE BREAK--- POWER OFATIORNEY Safeco Insurance Company of America General Insurance Company of America Safeco Plaza Seattle, WA 98185 KNOW ALL BY THESE PRESENTS: No. 323 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint DELLA J. ALLEN; CHERYL A. ASHBY; JAMES M. HEWilT; DON MCQUARY; PHIL STONEBRAKER; Clarkston, Washington•••••••u••• its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this _2_0_th day of December 2007 STEPHANIE DALEY-WATSON,SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT, SURETY CERTIFICATE Extract from the By-Laws of SAFE CO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations. shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any,certificate executed by the Secretary or an assistant secretary of the Company selling out, The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley-Watson , Secretary of SAFE CO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuanllhereto, are true and correct, and that both the By-Laws. the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this day of STEPHANIE DALEY-WATSON, SECRETARY Safeco® and the Safeco logo are registered trademarks of Safeco Corporation. S-0974/DS 4/05 WEB PDF ---PAGE BREAK--- ACORD.,. CERTIFICATE OF LIABILITY INSURANCE DATE 9/18/2008 PRODUCER (509)758-5529 FAX: (509) 758-5311 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Stonebraker-McQuary Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 616 5th St. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 9 Clarkston WA 99403 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A CNA-American Casualty Co. 20427C A & R Construction, Inc. INSURER B: CNA-Transporta tion Ins Co 20494C P.O. Box 881 INSURER C. Liberty Northwest INSURER D· Lewiston ID 83501 INSURER E 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 ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. GTF liMITS SHOWN MAY HAVE BEEN RFOIIr.Fn BY PAID CLAIMS. 1;4': A B B c TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY I CLAIMS MADE 0 OCCUR - AGGRnE LIMIT AFr PER POLICY E8i LOC ?TOMOBILE LIABILITY < ANY AUTO ALL OWNED AUTOS - SCHEDULED AUTOS - HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY q ANY AUTO EXCESS/UMBRELLA LIABILITY * OCCUR 0 CLAIMS MADE DEDUCTIBLE RETENTION S 10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes. describe under SPECIAL PROVISIONS below OTHER POLICY NUMBER [PHONE REDACTED] [PHONE REDACTED] [PHONE REDACTED] WC41NC015764017 Pc?l"+B:At@gg9 E Pgâ1¥l r ãäå8N LIMITS EACH O r.r.tiRRI'Nr.l' $ 1,000,000 DAMAGE T?E-Pencel $ 100,000 1/1/2008 1/1/2009 MED EXP {Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMP/OP AGG $ 2,000,000 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 1/1/2008 1/1/2009 BODILY INJURY (Per person) $ BODILY INJURY $ (Per accident) PROPERTY DAMAGE (Per acctdenl) $ AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC S AUTO ONLY· AGG $ EACH nrroll>l>t:.,rr: $ 2,000,000 AGGREGATE $ 2,000,000 $ 1/1/2008 1/1/2009 $ $ I T