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HomeMy WebLinkAboutresolution.council.093-08RESOLUTION # ~ ,j (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 TRUSCOTT 100 ROOF REPLACEMENT 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 Truscott 100 building roof replacement 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: ia~~7~~~'' Michael C. Irelaytfl, 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 1~; 2008. Ka S. och, City. Cler ~~> ~ ~ CONTRACT FOR CONSTRUCTION T" °`''" `"" THIS AGREEMENT, made and entered into on September 22, 2008, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City', and 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: Truscott 100 Building Roofing Project, 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 Two Hundred Nineteen Thousand Three Hundred Seventy Seven ($219,377.00) 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. tloc 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 Page 2 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. ATT TED BY: CITY_=C~COLORADS By: Title: C r~ M~~ RECOMMENDED FOR APPROVAL: ty Engineerin Department ATTESTED BY: c ~,,~~ Robert N. McReyn s APPROVED AS TO FORM: By: s rney CONTRACTOR: D & D Roofing, Inc. By: ~~ Title: John J. Beckham, 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. CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF Colorado ) SS. COUNTY OF Adams ) On this 15th day of September ~/2s/2011 John J. Beckham to me personally known, Who, being by me first duly sworn, did say that s/he is Vice President of D & D Roofing 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. ~ iMp,P~.e,ea~-'~i `mil,[/rn/.Il~~,'t~,lN Notary Public My commission expires R~ 2008 before me appeared 1316 E. 11th Ave. Denver CO 800P8 Address CC7-971.doc Page4 ""CC7 Certification and Supplemental Conditions to Contract for Services - Conformance with ~8-17.5.101, et seq. Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bill 06-1343 [ha[ 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 to 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 [hat all contracts for services include certain specific language as se[ forth in the statutes. This Certification and Supplemental Conditions has been designed to 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 are 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 [he 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 Stales Department of Homeland Security. "Contractor" means a person having a public contract for services with the City of Aspen. "Public Contract for Services" means any type of agreement, regardless of what the agreement may be called, between [he City of Aspen and a Contractor for the procurement of services. It specifically means the contractor 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 at this 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 Pilot 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: I. 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 subcontractor that fails to certify to [he 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 6asie Pilot Program that Contractor does not employ any illegal aliens; and if Contractor has no[ been accepted into [he Federal Basic Pilot Program "'CC1 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 [he date of the Public Contract. Contractor shall continue to apply [o participate in the Federal Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall no[ be required or effective if [he Federal Basic Pilo[ Program is discontinued. 4. Contractor shall not use the Basic Pilot Program procedures to undertake pre-employment screening ofjob 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 [he City of Aspen within three days [hat Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate [he subcontract with the subcontractor if within three days of receiving the notice required pursuant [o this section the subcontractor does not cease employing or contracting with the illegal alien; except [ha[ Contractor shall nol terminate the Public Contract for Services with [he subcontractor if during such three days [he subcontractor provides information [o 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 [he 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 [o [he duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential damages [o the City of Aspen arising oul of Contractor's violation of Subsection 8-17.5-102, C.R.S. Public Contract for Services: Truscott 100 Building Roofi~ Proiect Contractor: D &~fin _, c BY: _ -~~ - Title: John J. ckham, Vice President JPW-saved: 8/3/2006-867-M:\city\cityatty\contract\forms\certification - hb-06-1343.doc CC1-971.doc PERFORMANCE BOND Bond No. 929458561 KNOW ALL PERSONS BY THESE PRESElJfS: That we, the undersignetl, as, D & D Roofing, Inc. having a legal business address at 6270E 50th Avenue Commerce City Colorado 80022 a Corporation as PnncipaL hereinaRercalled "Principal', and on, , Western Surety Company .,,,. 333 S. Wabash, 41 South, Chicago, IL 60604 a cprporaUon organized under the laws of the State of South Dakota and qualified to lreruad business in the State of Colorado, hereinafter called'Surety", are held and fimtly bountl unto the City of Aspen, a Colorado home rule municipality, as Obligee, hereinafter called "City', G1 the amoum oF: Two Hundred Nineteen Thousand Three Hundred Seventy Seven and No/100------------------- ------------ (5219, 377.Op in 18WfUl money of the United States for payment whereof Principal and surety bma tnei administrators, successors and assgns, jointly and severally, firmly unto these present. vas, their heirs, executors. WHEREAS, Pdnrapal has by written agreemem dated September 22, 2008, entered into a corkrad wtth City for Truscott 10D Building Roof ReplarEment Protect in accodance with the Contrad Documents which Conirad Documents is by reference made a part hereof, and Is hereinaRor referred to as the Contrad. NOW. THEREFORE, if Principal shau well, truly and faiihfuly perform tts duties, all the undertakings, covenarrts, terms. condtions and agreements of saki Contract during the ari~nal term thereof, and any extensions thereof which may be grarrled by the City, with or withor~ notice to the Surety and during the guaranty period, and if Principal shall satisfy all claims and demands incurred under such ConUad, and Shall fully indemnity and save harmless City from all costs and damages which it may suffer by reason of €ailrua t0 tl0 So, and shall relmbursa and repay the City all outlay and expense Which the City may incur in malang good any default, then this obligation shall be void; otherwise R shall remain in full force and effed. The Surety herehy waives notice of any alteration or extension o(tame matle by the City. Whenever Principal shall be, and tledareU by City to oe N default under the Contrad, the City having performed City's obligation hereunder, the Surety may promptly remedy the default or shall prompfry: (1 J Complete the Contred in accordance with its terms and conditions, or (2J Obtain a bid or bids for completing the Contract in aoCOroance whh its teim5 and conditions, and upon determination by Surety of the bwest responsl6la biddeG or, if the City elects, upon determination try the Cily and Surety jointly of the lowest responsible bidder, arrange for a contrad between such bidder and City, antl make available as work progresses (even though there should be a default or succession of tletautts under the Contract w Contracts of completon arranged under this paragraph) sufficient funds to pay the cost of Completion less the balance aF the contract price, including other costs and damages for which the Surely may be Gable hereunder, the amount set forth in the tlrst paragraph hereof. The tem+ "balance of the Contract puce" as used In this paragraph, shall mean the total amount payable by Ciry to Principal under the Contract and any amentlmants thereto, less the amourrl properly paid by Giry m Principal. (3) Arty comrad or succession of contracts entered into hereunder for the completion of the Contract, shall also ba subjed to this bond as pert of the original Contrad obllgadons~ This bond is intended to be in satisfaction of, and in addition ta, the bond required pursuarrt to Section 38-2fi-106, C.R.S., as amentled. This hood, as a penalty and indemnficetlon bond, shall also errtitla Cify to recover as part at the compla6on of the Contract or [he payment of any labor or material costs hereunder, actual and consequential damages, liquidated and unGquidated damages, costs, reasonable attorneys fees and expert witness fees, including, without limitations, the fees of engineering or architectural consultants. Surety, for value receivetl, heretr/ stipulates and agrees [hat to indemnify end save harmless the City to the extznt of any and ap payments in wnrtectidn with the cam/ing out of the contract which the City may ix= required to make untler lha law bl' any reason of such failure or default oT the Prindpal. Further, Surety and Principal shall protect, defend, indemnify and save harmless the City's officers, agents, servants, and employees from and againsf ell Claims entl actions and all expenses Incidental to the defense of such claims or actions, based upon or arising out of injuries or death oP persons or damage to property moused hy, or sustained in wnnaCtion wilh, it115 Contract by wnditlons created thereby, and pn request of the City will assume the defense of any claim or action brought against the Ciry. No fight of action shay accrue on this Bond to or for the use of any person Or wrporatlon other than the City named herein or the employees, agents, administrators or successors of City. SIGNEDANDSEALED trus 22nd day ai September .2008. PRINCIPAL D & D Roofing, Inc. 8y NOTE: Accompany this bond with certified copy of Ganerel PowEr of Attorney from nx Surzry to Include the date of the bond. (Date of bond must not be pdor to date of Contract.) If Prindpal is Partnership, ad partners should execute Bond. CCt-971.000 Page 8 "CC'I LockroN Con7raNtrs, LLC 8110 E Union Ave, Ste 700 /Denver, CO 80237.2966 303414b000 /FAX: 303~65b000 www.locktoacom Title: D & D Roofing, Inc. i John J. Beckham Vice President PAYMENT BOND Bond No. 929458561 KNOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned, as, D & D Roofing, Inc. havingalegal business , 6 atltlressat 6270 E. 50th Avenue, Commerce City, Colorado 80022 a Corporation as Principal, hereinafter called'Prirtcipal", and -t~~ a~.~rams;a+~ Western Surety Company ~ w anp 333 S. Wabash, 41 South, Chicago, IL 60604 lo,ucp~,rmrcvr a corporation organized under the taws of the State of South Dakota ,and qualiRed to transact business in the Slate of Cobrado, hereinafter alled'Sure1y", a2 held and firmly bound unto the City of Aspen, a Colorado home rota murdcipali[y, as Obligee, hereinafter called "City!', In the amount oi: Two Hundred Nineteen Thousand Three Hundred-Seventy Seven and No/100-------------- ------ {~19.377.OtAinlawful money of the United States for payment whereof Pdndpal and Surety hind themselves, their heirs, executors, administrators, successors and assigns, iointly and Severally. firmly unto these present. WHEREAS, Pdncipal has by wdden agreement dated September 22, 2D08, entered into a contract with the City far a project emitted: Tnuwtt 200 Building Roof Replacement Project {oroieet no, 200&•0891 in accordance with the Contract Documents which Contract Documents is by reference made a part hereof, and i5 hereinafter referred to as the Conhact. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to ail claimants hereinafter defined, for aN labor and material used a reasonably required for the use in the pertortnance of the Contract, then this obligation shoo be void; otherwise ii shall remain in full force and eHact, subject, however, to the following wnditians 1. A Claimant is defined as having a direct comrad with the Principal or with subcontractor of the Pdndpal for labor, material, or both, Used or reasonably required for the performance of the Contract, labor end material being mnstmed to include that part of water, gas, power, Gght, heat, oil, gasoline, selephone service or rental equipment directly applicable m the Contract. 2 The above-name Principal and Surety herelt}r jointly and severally agree wdh the City that every claimant as herein defined who has not been paid in full before the expiration of ninety {g0) days after the date on which the last of such dalmant's worK or labor was tlone ar performed or matedals were famished by such claimant, may sue on this bond for USe df SulCfl 9Ums d9 tnay t>e 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 yr action shall commence hereunder by any claimant: (a) Unless claimant other than ono having a dlred contract With the Principal shall have given written notice to any of the folbwing: The Pdncipal, the City, or the Surety above named, within ninety (gD) days after such Gaimam did or performed the last of Iha work or labor, or famished the last of the material for which said claim is made, stating with substantial accuracy the amount claimed and the name d the party to whom the materials were fUmished, or for whom the work of labor was done or performed. Such notice shall be served try mailing the same registered mail or cerbfietl mail postage prepaid, in an ernelope addressed to the Principal, Ciry or Surety, at any place where an office is ragutady maintained for the trenSOCtion oT business, or served in any manner in which legal process may be served In the State of Colorado. (b) Afler the expiration of one (1) year following the date on which Principal ceasetl work on said Contract, it being understood, nowever, that ii any IimitaBOn embOUletl in this Bond is Drohlblted by any law oOntrOlfing the construction hereof, such limitation shoo be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (t) Otl7ar than in a state of competent jurisdiction in and for the County of Pitkin, State of Colorado- 4. The amount of this Bond shad be reduced to the eaten! of any payment or payments matle nereuntler, inGUSive of the Payment by surety of flans or elalms which maybe filed ai 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 W, the bond required pursuant to Section 3A- 26-705, C.R.S., as amended. 6. No final settlement between the City antl Principal shall abridge the right of any beneficiary herauntler, whose claim may be unsatisfied. SIGNED AND SEALED this 22nd rtyy pf September , 2009. PRINCIPAL: 8y. D & D Roofing, Inc. Title' ,_,_, John 1. Beckham Vice President Attest: (soaq QCt-grl.aoc Page 10 ^CC1 LocKror+ CoMPnt~tts, LLC 8110 E Union Ave, Ste 700 /Denver, CO 80237.2966 303A14b000 /FAX: 303a65.6000 www.lockton.com D & D Roofing, Inc. NOTE: Accompany this bond with cedi4ed copy of General Power of AttArney from the Surety Company to include the dais of the bond. (Data of Bond must not be prior to data d Ccntracl). If Pdncipal is a Partnership, all partners should execute Bond. MAINTENANCE BAND Bond No. 929458561 KNOW ALL PERSONS i3V THESE PRESENTS, That we, the undersigned, as D & D Roof ing , Inc . 6270 E. 50th Avenue of Cottsnerce City, CO 80022 , as Principal, hereinafter referred to as "Principal", and Western Surety a mrporation organized under the laws of the State of South Dakota and qualified to transact business in the State of Coorado, as "Surety" are held and finniy hound unto the City of Aspen, Colorado, as obligee, hereinafter referred to as "City;' in the penal sum of: Two Hundred Nineteen Thousand Three Hundred Seventy Seven and No/100 and tnJey to be mac assignees, jobty and ~, IawfW money of the amity, we bind ourselves, by these presents: Jnited States of America, for the Payment of which sum, well and our heirs, executors, administrators, successors, and WHERE45, said Principal has entered into a written Contract with the obligee daletl September 2?, 2008, for frmisNng all equipmen8, labor, tools and materials for. Tntscon 1ao Building Roof Replacement Proied in accordance with detaled plans and specifications on file in the office of the City Clerk of said City, a copy of which Contract is atlached hereto entl made a part hereof. NOW THEREFORE. The conditions of the foregoing obdgationa are such that if the said Principal shall WHI entl tMy perform all the covenants and conditions of this Contract on the pad of sad Principal to be performed, and repair or replar~ all defect for a period of two year(s) as provided herein, and protect and save hamnless the City of Aspen, Colorado, from elf loss and damages to life or property sulferetl or sustained by any parson, fine or corporatbn, caused by saltl Principal or his agents or his empbyees, in the pertormance of said work, or by, or in consequence of any rtagligenca, carelessness. or misconduct in guarding and proketing same, or from ary Improper or defective equipment or matedals used In the work, or other damages, casts and expenses and set faith in such Contracts then this obligation shall be void otherwise to remain in lull force and effect in law. This 9or7d guarantees that the material entl equipment famished and used, and workmanship employed in the performance of the work described In this Conlratt will be of such character and quality as to insure it to be free from all defeas and In wndnuous good order and in a wndition satisfactory to the Governing Body of the City of Aspen for a period of two year(s) f*om 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 atlditional charge or Cost to the City of a period specified, and make such repairs or replar~ment of any defective CDnStrUCtion as the City may deem necessary- CGt-977 AOC pagatl "CC1 The saitl Pdndpal shall not be required to maintain any pars of the improvement under [his guarantee which, after its completion and acceptance shall have been removed or aXered by the City or its agent SIGNED AND SEALED this 22nd day of September pp 08 PRlNGIPAL: D & D Roofing, Inc. (seal) By: Attest: D & D Roofing, Inc. Tille: _ John ]. Beckham Vice President •97L doc IOQTOIf LOCKfON COMPANIES, LLC 8110 E Union Ave, Ste 700 /Denver, CO 80237.2966 303-014b000 /FAX: 303~65b000 www.lockton.com (Accompany this hood vnth certifed copy of General Power of Attorney from the Surety Company to include the date of the hondJ 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 Siouz Falls, and State of South Dakota, and that i[ dces 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 we and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute Cor and on its behalf bonds, undertakings and other obligatory instmments of similar naNre - In Unlimited Amounts - and [o bind i[ thereby az fully and [o the same extent az if such instmments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pmsuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, az indicated, by the shareholders of the wrpora[ion. 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. su~FTY WESTERN SURETY COMPANY C Se~pVOgq~~S `T~ - N:pO 1~~= f-~~i \SEAM.i ~< E4h10~4o Paul . BruFlat, Senior Vice President Stale ofSouth Dakota ss County of Minnehaha On [his 7th day of August, 2008, before me personally came Paul T. Bmtlat, m me known, who, being by me duly sworn, did depose and say: Iha[ he resides in the City of Sioux Falls, S[a[e of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to [he said insWmen[ is such corporate seal; that it was so affixed pursuant [o authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant [o like authority, and acknowledges same [o be the ac[ and deed of said corporation. My commission expires ~~~~~~"~"~"'~"`~~""""""~~ i D. KRELL ++ November 30, 2012 f EAk NOfAnY PUBLIC $ L + SOUTH DAKOTA + X44\44y44~Y\\\\\\V \V•V~4~ CERTIFICATE D. Krell, No ary Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove se[ 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 affized the seal of the said corporation this 23rd day of September 2~~$ ~SUnETy~ WESTERN SURETY COMPANY t„a' ~,POga °s „N,'4~ ~i^ i ;~J SEA ~~i t~ ~TA~oM% r I w ....n - / ~ L. Nelson, Assistant Secretary Form F0280-09-06 LJ a a N O vo ~ U vo ~ ~ Q t U m z . , o o O ~ u ~ M 0 w U U Z 0 J m 0 0 H F- H U O W U 7 N O ~ ~ H M N W J W N IN^ u I N ~2 ~~ 00 wm z t- ~a oW oa oa z f- a~ ~, a ~w w = F ~ jw O Z = t7 Uj F Z W Q 3 O W O ~ W m 1- U a¢i w ~ H d w LL ago F W N ¢ m W W O O 2 F-N u~ N v d' 0 0 ¢ K O J Z O O_ U F Z ¢ W U ¢. O Q w F- Z a U T ~ w m m d H Z O ~ W ~ ~y w = J V1 ~ W ~ W W O U 2 O ~ U~ W J ¢a` 2 cn W ¢ cn z o~ o o cn > w > w ~ ~ 2 U 2 U ~ N ,-~ ~ ~ ~ ~ w ~ m ? 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I I ~ ,89 Z~ Q J 2 d LL -v i, I j D ~~ i D ~ ~I rn li ~ ii ~ I I 6• a' Q rn D i ~----- --- - ---- - - -~~ ~ r ~ I I III I ~ m I IIII d I ~ ~ I N II ~, ~ A II III ~, i , , II III i i~ 4' O cn cn~ ~cn~ OO~j ~cn~ a2 ' ~m vnimm man ~mm ~ ~z ~~a m~2 ?''2 m nm ~3cn ~A° ~3cn i °o =o no mm~ no '' s ~r cn~ ~~m i A nr o ~n o ~n W n yrn `~`" i o n m II 3 O cn N= o o ,oD ~ o r~ z rn ~n D ~ ~ cn D = D r cn o ~~ A ~ waN m o ~ rn rn A D z D ~' m = A m ~ -R'i ~ D z~ ~ O n m o~ ~ 3° m o ~ m O n N m !T~ ~ < ~ m ~ ~ ~ ~ n o o z ~ ~ ~ J~ o ~ ~ O ~ ~ ~ m o o o w rt~ z D D ~ ~ D ° o ~ ~ o D r ° ~c ~ n z ~ o = D G7 N N D C~ O C z rn D I m n~ Ao C c~ ~ ~ 2 n cn ~v, n2 m ' ~ " rm ii n ~ no m D ~ 03 =~ ~o I ~ A~ ~~ n ` -~ n ~~ ~ LI----- ------ - - - W n ~' 0 N ~ op cp z~ n cn D r ~ -a _ MoD rA ~n ~ p = cn O ~ z rn-~ A D D p c m m n ~ O ~ -I o rn Z~ m ~ -I -i Z -D{ (~ m W m - o ~ < rn ~ ~ n o ~ ~ ~ ~ -~ o z -~ r m o o p~ ~ A z o ~ ° ~ D p r D Z D O ~ N 3 0 rn N f0 w~~ O n ~ W v D SZ° t ii ~ D Cl m T /r ~~ n ~ c o ~ 0 N G~ D r rn -n r D H z G~ ,~_?" ~ 0 rn -- ----------TI D - --------~ I r II II II II C k ~ i ~ A ~~ I I <2 ~~ 2 I I n o r A m ? 2 v c~ ~ , m '~ o m 3 ~ o 2 ~ ~ c~ n sb ~ n m r m W n 0 W _ ~D ~A Zn ~ D N S D r !n O " -I TJ ~ ~] w nrn ~ N m a m ~ ~ ~ n = m fTl ~ C ] D C O m O ~ 3° O ~ m m ~ z ~ m T ~° m < m n ~ 'n -1 n° z ~ o ~ ~~ ;i ~ `" O ~ N ~ O 0 S m O ~ o w n~ ~ M ~_ ~ N ~ D Y o a a ~ o D m ~ ~ m ~ a ~ o = D D Z w ti r n~ D C rn O z O C -~ rn 0 D ~ ~ - --- - -- • \\ r - -- -- - -- -- - ---- ~ ;\; , ~~;. \ \~ , ~c„ti mom rno AZT ~n~ ~~ a ~ 00 ~~rn cn 2 " m A ` \\ Xny 1 0 y y ~ ~ m ° o \~ r °mn y for ~ _ ~tio ti O ~ x nz Z3~ m mmti n 2 ~~ nn ~tic~ Ar c~ n c , ~ m m ~ c m °o ~ w ~~ ~' 0 ~ V~ o o ~- D A Z~ D Gl cn D ~ r -i ~ O m O m -i ~~ P m D ~ O r m n = ~ --{ m m m -i m z O D -i C [n n ~ m o w 3 0 ~ o z ~ m A O O o m m '~ n ~ 'i O O Z ~ ~ m V N Q - i ~ m p D z `~ A o D ° ~~y ~ o D 0 o ~ p~ ~ o~ = D z G1 o N N D C~ O z ~ rn ~ I D C~ ~ I D -n I r C I rn ~ I rn I I I I I I x T 3'~ n n T r ~ ti ~nc~ 03 nn ~ ~ x~-~ ~m xn won m"'„ °o~ m cH I m~ ~o ~~, n~ ~ m ~, i ~ m n y ~ z o ~ m v 1 N ooD ~o~ Z~ D ('~ cn D r ~ -o ^ C1rn _ ~ ,m O S (n O TJ TJ W O N ~ rn -~ A~ cn D = rn m m D cCi~ ~ ~ 3 0 o ~ °~ m m -i z -i n m 3 3 T m Z rn D~ ~ O Cl N% m !'~ m ~ ~ ~ < n n~ p z -I ~ N i" z ~ ~ m n m ~ ,7 v D ~ D o ~ o~ ~ oD ° ~~ = D D BID PROPOSAL FORM Project No. 2008-069 BID DATE: September 2, 2008 PROJECT: Truscott 100 Building Roof Replacement Project PROPOSAL SUBMITTED BY: D & D Roofing, Inc. CONT'RACTOR'S PROPOSAL TO: The Governing Body of the CiTy of Aspen, Colorado The undersigned responsible bidder declares 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. The 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 the 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 of this contract document. The City of Aspen reserves the right to make the award on the basis of the bid deemed most favorable to the City, to waive any inforntalities or to reject any or all bids. The City shall not pay the Contractor for defective work and/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 furnishing the proper and success completion of the work, including furnishing all materials, equipment and 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 Ci[y. 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 amount of work actually performed and materials actually furnished 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 OUANTITYLIST TOTAL BID ITEM DESCRIPTION ~TjT. QUANTITY Replace Shingle Roofing 1 Lump Sum Replace Gutters & Downspouts 1 Lump Sum Replace Cap Flashings 1 Lump Sum Replace Heat Tape (5,100 lf) ,lf 5,100 UNTT PAR CE COSLL $ l~ss7.o6~.32,ss7.oo $ 14.220.0($ 14"220.00 $~000.OIS~ 000.00 $ 64,600.0($ 64,600.00 $ $ Alternater~~l: $ $- Install metal panels excluding heat tape on roof. $ $ Includes only 1,520 if of heat tape in the gutters & $ $ downspouts. ADD $86,820.00 to the Base Bad. $ $ Alternate 412: Replace 4' x 8' x 1/2" CDX plywood. ADD $75.00 per sheet. $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ TOTAL BID IN NUMBERS: $219,377.00 Total Bid in Words: zwo hundred nineteen thousand three hundred ev n y-cP..en dollars. ^~cci 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: Jain S Ful] name signature: Company address: 6 0 E. Title: Vice President Commerce City, CO 80022 Telephone number: 303-287-3043 Fax number: 303-287-3391 Attested by~~~~(' ?(YC~ Melissa Ba artner Subcontractor & Material Supplier List Name: American Roofing Supply ,Phone#: 303-333-3700 Address: 4550 E. 52nd Ave., Commerce City, CO 80022 Service or Product: Materials Name: D & D Monarch Sheet Metal, Inc. Phone#: 303-287-3375 Address: 6270 E. 50th Ave., Commerce City. CO 80022 ServiceorProduct: Sheet Metal Name Address: Service or Product: Name: Address: Service or Product• Name: Address: Phone #: Phone #: Phone #: ~cci ~- Service or Product: Name: Addrnss: Phone #: Service or Product: BID BOND KNOW ALL PERSONS BY THESE PRESENTS, That we, the untlen;ignetl, D & D Raof ing , Inc . CCt-pT1 Cee Pape S "CGt of 6270 E. SOth Avenue, Commerce City, CO 80022 asRtnclpel,heremal~r reterredtoas"R'inclpel",and Western Surety Company a corporation orgeniasd underthe laws or the state ro South Dakota and quaMed tc transact txra'srass in the State d Cobrado, ~ "Surety' are held end firmy bawd urtty the City of Aspen, Cabrado, as obliges, hereirefter referred to as "City;' n the penal sum of Five Percent (5%) of the Total Amount of the Bid pcllars (5 57-------- S. klwful rhaney m the United States of Atnerlea, Tor the Payment of vfidch Burn, well and truly m be made to the C11y, we bind vuseNes, and our heirs, executors, admstistra[vrs, auocessvra, and aesigrreea, jolnly and severally, try these preaerts: VNiEREA3, said Principal has submitted a bid for cnrrstruction of Ttusovtt 100 Building Roof ReplacemerR Project NGW THEREFORE, C the Clry sfmn accept the tNd Of tl1e Principal aril the Rincoal shaq Crser iron a contract for ConsNxtion with the City in aocordarce wfih the terns of such Bid, and given such laud a bonds as rtmy be specified in the Bid Padmge or Contract Documerds with good and sufiaent surely for the faithN perfommnce Msu~h WMract and lvrthe prom•;t payment a laborarm material fumierred h the txosecution therovf, or In the averrt of the faikrre of the Pdrrcipel tp enter such Cordract far CorLStnctlvn and give such bard a bands, iF the Prvtcipel shell pay m the Cily the tlfBerenea sotto exceed the penalty tpreOf between tiw amvurd apeciged in wld bid and such larger amount for which ttre Fdndpal may trt good Yalh contract with another party to pertorm the work covered ~' said Bid then this slmll bo null and odd, dherwisa to mmeln in full force and erfect In law. SIGNED ANDSF^4LEDlhie 8th dayaf September 2008 (AaorttpsrN tllis bond wi7r eartlfisd cops d Gsnsrai Power of Aftorttey fiom the Surety Con9~arN to 'vrclude the date a the bond.) Ii0001'OQ LOCKTON COMPANIES, LLC SI10 E Union Ave, Ste 700 /Denver, CO 80237.2966 303414.6000 /FAX: 303865 (1000 www.locktoacom AF~'~DAV1T OF COMPLXANCE PROJECC NUMBER: 200&069 CC1.971 Dx Pepe Sa ^CC1 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURELY COMPANY, a South Dakota corporatioq 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 we and lawful Attorney(s)-in-Fact with Cull power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instmments of similar naNre - In Unlimited Amounts - and to bind it thereby as Cully and m the same extent as if such inswments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney 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 corporazion. 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. •„arrr WESTERN SURETY COMPANY P~ P 8910 ~/j//////~ ~,~\`SEP~' p~ M 4O 00 fl^~D / ~/ ~ x onKs Paul . Bmflat, Senior Vice President Stale of South Dakota l I ss County of Minnehaha On this 7th day of August, 2008, before me personally came Paul T. Bmflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Palls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed [he above instrument; that he knows the seal of said corporation; that the seal at6xed m [he said ins[mmen[ is such corporate seal; that i[ was so affixed pursuant [o authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same [o be the ac[ and deed of said corporation My commission expires a••"•`•••••••••••••••"` ~ D. KRELL November 30, 2012 ;~NOIARY PUBLIC~+ i L SOUTH DAKOTA sEAL ~ ~•••••\•MN\h\444.44Y•Y ~ ~~~ ~.7(~ D. Krell, No Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney 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 afLzed the seal of the said corporation this 8th day of Septetlfbei 2008 . ,+~"""~~ WESTERN SURETY COMPANY ,W0~,10gQ~Oa Wi4 •P a ~f~sE P,4>C~ ~h, ~0. L. Nelson, Assistant Secretary Farm F4280-09A6 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 performance of a Contract. The undersigned further acknowledges he/she understands and agrees to all teens and conditions of the 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 Roofigg, Inc. ~~,~~~~(~ Contraclo.~`~~~~'-` By: 9- Jo J. Be m, Vice President Before me Melissa K. Baumgartner , a notary public and for Adams County, Colorado personally appeared John J. Beckham known to me personally to be the person(s) whose signature(s) in my presence this 8th day of September , A.D.2008. My commission expires: 7 / 25 / 11 C. ~,e, (Seal) 1 ~/~ ~'1 1. //f~Y/I%/7 ll Notary Public ACI-9"l1.dm LIQUIDATED DAMAGES for FAILURE TO COMPLETE THE WORK ON TIME CC7-971.doc Page 59 "CCi The undersigned contractor declares his/her full awazeness of the content and terms of this contract affums that the contractual time is the period mentioned in the contract Specifications plus the t extension(s), if any, granted by the City of Aspen for successful completion of project. The undersig contractor further acknowledges he/she understands and agrees to liquidated damages to be dedw from moneys due to him/her for any delayed calendaz day beyond the total time at the rate of $100.00 day . This amount and the total allowed time by the City shall not be negotiable under any conditions. Attest: Corporate Seal ^ STATE OF COLORADO COUIQTY Adams SS. D & D Roofing, Inc. Conlrnctor ~ . ~~`~~~.y Jo J. Bec h m, Vice President Before me Melissa K. Baumgartner , a notary public and for Adams County, Colorado personally appeazed John J. Beckham known to me personally to be the person(s) whose signature(s) in my presence this 8th day of September , A.D. 200,x. My commission expires: 7 / 25 / 11 ~~• (Seal'; IM p./r 1L4~1~'(~- /II~N/.l/~h7"K.Q/Z/ Notary Public ,,,.,, ~ m~. * LD 1 NOTICE OF AWARD CC1-977.tloc Page 60 ""CC1 C:Itg:nt'-;~s~nt~ Q4a71flc0.twu Statement. 1. tfw aw, port b¢aa hygp¢vb, wnt~F' Spx,va 1 xµ.iB~vb YwMCF i'. s D & D Roofing, Inc. 6270 E. 50th Ave. i. Commerce City, CO 80022 'C. vita ,. A::6'- i' c. i A f. bil6a 9[¢at rn itWn two pvlneap~Tit¢ bvbtaet,¢5ti JrbLepronb? { u Robert N. McReynolds, President ?- e~ John J. Beckham, Vice President 6;. P;opYa¢.II%eepAevi W /C 0 10~R V, 4 R9Jent li~eb wesL2oe 6 bifil Du¢2yEtL '1 RVnee v vbri rUAeevv 6 rel6pM1Ore1 40l Yi[% nt j ~ fx fL,00p} Gu¢yl tvdl: 1. 1 I i See Attached ~ ~e I i , r a 3. 1 f I I S tP ~ S.. I ~. 1 1 i ~ ....._: -,~-~, .,. ~,.-.-.~.,-...... f.. ... ...r.. .-_.., _... ._ ,.. ~..- .-..--, d. ~ ._i 1 I ;. ._ f f. F ~. CC1-971.doc Page ,_.. __.... . .... ..:. .......:~ :,....m .:_ _~...,..:... _ _...:. ......~.,..... .: .....:...: cr+j+cs.a•m, iomcsnn. ~-esu,r a•rasyrson~ o+mr• XuM., aePeas• ir•a•pp•m~ ; CoK uR. lesX; mq _ _..;. ' - ! 1X1:/1!900]1 ', WLp1a6eE: Y li. ~ ~ I' ar. r. ~~ r ~~~~ is ~ ~ i s ,jL ~. i r ~ 1 a. R i ss, ~ t t: ' t r sa. t 1 ,x7.. ~ - :- ,: 1 i srr •YSee Attached i'. a~ si i e.. reia•e~ru.~wr-Wtv:a1 is 'as See Attached is ni a, )K! 9r ~cnW m.Fmp•IR-and..imYiSM1r\:.cwynly. See Attached f..,„ere. Page 54 "'CC7 Sloped Roofing Reference List 26 OAKS HOA Lakewood, CO 160,000 square feet Celotex Presidential (Weathered Wood) Foothills RoojServices, Inc. Mr. David Pierce (303J 738-0823 D & D ROOFING BASS PRO SHOPS Denver, CO 150,000 square feet Certainteed Carriage House (Sherwood Forest Green) W F. 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 (303) 753-8988 CSU Pingree Park Poudre Canyon 7,300 square feet GAF Timberline 30-Year Shingles Colorado State University Ms. Cam Elvheim (970J 491-5274 ENGLE HOMES Multiple Locations 500,000 square feet MonierLifetile / Oakridge 40-year Shingles Mc Ceri Jones (303) 443-6666 IRONWOOD HOA Boulder, CO 78,000 square feet Tamko Heritage 40-Year Shingles (Oxford Grey) Flagstaff Management Ms. Franci Orvis (303J 682-0098 KIMBERLY COURT APARTMENTS Boulder, CO 25,000 square fee[ 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 50-Year Shingles (Oxford Grey) Mr. John O'Connor (303J 663-36/5 POLO CLUB NORTH HOA Lakewood, CO 540,000 square feet Certainteed Presidential TL (Autumn Blend) Mr. Al Vanzee (720) 888-4214 QUINCY COMMONS Denver, CO 45,000 square feet Tamko Elite Shingles (Black) Archstone-Smith Communities Mr. Kenny Block (303f 708-5988 SETTLERS CHASE/COLONY RIDGE Thom[on, CO 140,000 square feet Tamko Heritage 40-Year Shingles (Weathered Wood) Sovereign Homes Mr. Rick Lindsay (303J 861-7970 ST. JOHN THE BAPTIST CHURCH Longmont, CO 29,500 square feet Elk Pres[ique Plus (Antique Slate) Fransen Pittman Construction Mr. Don Chamb[iss (303J 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 (720J 962-8688 STRAUSS RESIDENCE Greenwood Village, CO 13,000 square feet Slate Roofing with Copper Flashings Castle Builders Mr. Rick Larson (303J 825-6234 UNIVERSITY PLACE HOA Arapahoe County, CO 46,200 square feet Tamko Heritage 40-year Shingles (Weathered Wood) Advanced Real Estate Services Mr. Tom Johnson (303)750-11/6 WHITTLER HOUSING Denver, CO 90,000 square feet Tamko Elite Shingles (Black) Palace Construction Mr. John Hammer (303f 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 D & D ROOFING WELLSFARGO 1450 S. Havana St. Aurora, CO 80012 Mr. Stan DePue (303) 752-6311 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`h 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) 287-3391 LOOCI'ON'' January 3, 2008 Re: D & D Roofing, Inc. To Whom It May Cancern: 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 $10,000,000 available to them. Western Surety Company will favorably consider providing bonds for any project in which D&D Roofing expresses an interest, subject to usual underwriting considerations at the time of the request. Since inception, D & D Roofing has established an excellent reputation with owners, general contractors, architects, engineers and suppliers. We highly recommend this competent and professional firm to you. If you require additional information, please call. Regards, L~)O/-I)}p'~C1{y''KTON COMPANIES, L)<C / + ~ ~ / A Shelley Cza~cowski` Account Executive Assistant Vice President cc: D & D Roofing, Inc. Western Surety Company is ti'n iC:1 la idl P:l~1Ep Jf ~~UTA~IlAY+:, IFl'. 111.1 l~.ar l iniou A~rnuc i Suitc 700 ; hrrnrr, C(1 10?;id934 (303i41~~h~1~~i141X: [it'3) 8Gi-(xXy. ABM CERTIFICATE OF LIABILITY INSURANCE DATElmmmwrr) 10/03/07 PRODUCER 1-303-539-4567 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 1mA. of Colorado, lnc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1550 17th street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 600 ^enver, CG 80202 INSURERS AFFORDING COVERAGE INSURED INSURER A'COntiaental Western insurance D E D Roofing Inc . --- INSURER B: __ 6270 E. 50th Ave. ~ INBURER C'. C Cit CO 80022 INSURER D: ommerce y, _ INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANV REQUIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAV PERTAIN, THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BV PAID CLAIMS. IN$R TYPE OF INSURANCE ' POLICY NUMBER TR ' POLICY EFFECTNE i POLICY EXPIRATION LIMITS A ', GENERAL UgewTy ICWP256346724 10/01/07 10/01/08 EACH OCCURRENCE $ 1,000,000- 1 X ,COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fre) - $ 300 , 000 ' CLAIMS MADE ~ X J OCCUR MED E%P (Any one person) $ 10, 000 __._ -.-. %'PO: $10,000 I PERSONALBADV INJURY g 1,000,000 -- I GENERAL AGGREGATE $ 2,000,000 GF.Nt AGGREGATE LIMIT APPLIES PER: II PRODUCTS-GOMPIOPAGG $2,000,000 POLICY % .PRO- ~. --''. LOC I A AUTOMOBILE UABKITY ICWP256346729 10/01/07 10/01/08 COMBINED BINGLE LIMIT $1,000,000 X ANV ALTO ', j (Ea acciden0 I ALL CWNED AUTOS ~', BODILY INJURY $ I. SCHEDULED AUTOS I (Par person) __._. I' DS __,_._ BODILY INJURY $ X NON-CWNE AUTOS (Per acudent) -_.-_. __-.- .. I 1 _ _. ' -_--- __ -- PROPERTY DAMAGE $ I (Per a[adenp I GARAGE LIABILITY AUTOONLV-EA ACCIDENT $ ' ANV ALTO ~ ~ OTHER THAN EA ACC 8 I I AUTO ONLY: qGG $ A 'EXCESS UgeILITy ICV257362924 10/01/07 10/01/08 EACH OGWRRENGE $1,000,000 X .OCCUR '. CLAIMS MADE ~' AGGREGATE $ 1,000,000 __ -, -- $ ' DEDUCTIBLE ~ $ _ _ i X RETENTION $0 ~ __ $ WC BTATU- I OTH- WORKERS COMPENSATION AND E ___._ t EMPLOYERS'LIABILITY { I E.L. EACH ACCIDENT ~_ _ ~ E.L. OIBEABE-EA EMPLOYE $ _ _ _ - EL DISEASE-POLICY LIMIT i 5 IOTHER 'I $ I DESCRIPTION OF OPERATION$ILOCATIONSNEHICLESIEXCLU$IONS AppED BY ENOORSEMENTISPECIAL PROVISIONS CERTIFICATE HOLDER I ADDITIONAL INSUREp' INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE E%PIRATION ~ For In EOnnat ion Only DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, SUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE O, ,'~a_ ACORD 25-5 (7197) lizharris O ACORD CORPORATION 1988 7207535 ACORD CERTIFICATE OF LIABILITY INSURANCE io~3%zoo ' PRODUCER (.303) 824-6600 FAX: (303) 370-0118 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Mood Insurance Agency, Inc. Y HOLDER. THIS CERTIFICATE GOES 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 tl wsuRED msuRER A: Pinnacol Assurance 41190 D & D Roofing, IRO. INSURER B: 6270 E. 50th Avenue wsuRER C. INSURER D' Commerce City CO 80022 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 MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. A R AT LIMIT HOWN MAV HAVE BEEN R V PAI I INSR ~ gp0'L N TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD4'1' POLICY EXPIRATION GATE MMR)DIYY LIMITS GENERAL LIABILITY EACH OCCURRENCE E PREMG ET Ea ocTEre COMMERCIAL GENERAL LIABILITY nce E I CLAIMS MADE ~ OCCUR MED EXP An one erson S PERSONALSADV INJURY E GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-C MPI PA G E PRO- POLICY JECT LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT ANV AUTO IEa acdtleml E ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY E NCN-OWNED AUTOS (Per acciGenp PROPERTY DAMAGE S (Per acaCenU GARAGE LIABILITY AUTO ONLY-EA ACCIDEM $ ANY AUTO OTHER THAN EA A $ AUTO ONLY: qGG E EXCEESIUMBRELLA LIABILITY EA H O E OCCUR ~ CLAIMS MADE AGGREGATE S DEDUCTIBLE E RETENTION 5 E A WORHERE COMPENSATION AND X WO STATU- OTH- EMPLOYERS' LIABILITY R T R PA T I X I E.L. EACH ACCIDENT S 500, 000 ANV PROP IE l O R NER E EGUT VE OFFlCER/MEMBER EXCLUDED? g04R526 10/12007 10 ~1~2008 E. L. DISEASE-EA EMPLOYE S 500,000 It yes, tlescnbe untler SPECIAL PROVISIONS below E. L. DISEASE-POLICY LIMIT E 500,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONEADDSD BY ENDOREEMENTISPECIAL PROVISIONS This certificate is subject to the terms, conditions, and exclusions of tha policies. In the event of cancellation for non-payment of premium, a 10-day notice of cancellation will apply. ccpn Plcarc Mnl nFR CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ****FOR INFORMATION ONLY*~"~ E%PIRAnON DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN NOTICE TO THE CER7IFILATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KING UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORQEO REPRESENTATIVE L Ransom, CIO, CPCU/J ~r4"'`'~°e~~"-~`"°°'^-~ ACORD 25 (2001108) O ACORD CORPORATION 1988