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HomeMy WebLinkAboutresolution.council.072-09RESOLUTION #~ (Series of 2009) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND CENTRAL STATES ROOFING COMPANY INC. SETTING FORTH THE TERMS AND CONDITIONS REGARDING THE YELLOW BRICK BUILDING 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 Central States Roofing Company Inc., 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 Central States Roofing Company Inc. regarding the Yellow Brick 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. ~ l Dated: ~s~~ ,Qt-~ ~~ l ~'S `-~~' J G~ 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 September 14, 2009. Kat n S. Koch, City Clerk n~, a~~~ t r~e~x CONTRACT FOR CONSTRUCTION ~'~~''~~8 THIS AGREEMENT, made and entered into on SEPTEMBER 14, 2009, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and CENTRAL STATES ROOFING COMPANY 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: YELLOW BRICK BUILDING 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 TWO HUNDRED TWENTY FOUR THOUSAND EIGHT HUNDRED EIGHT($224,808.00) 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 CC1-971.doc Page 1 "CC1 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 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. CC1-971.doc Page 2 "CCt 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 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 ~STED BY: RECOMMENDED FOR APPROVAL: City Engineering Department ATTESTED BY: CITY By: Title: APPROVED TO FORM: By: y ttorn y CONTRACTOR: CEN7nA(. 57147;~"~' ~°O~/N(~ COMPprnr~ iNG y' ~ ~ Title: V I cF PrLGS t a~r.~r 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. Page 3 CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF r`nl nrar7n ) SS. COUNTY OF El Paso ) On this Rf-h day of Sanramhar , 2009, before me appeared to me personally known, who, being by me first duly sworn, did say that s/he is vice-President of Central states Roofing C~nz ,nz 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. Klotary Public 5925 Omaha Blvd Colorado Springs, Co Address My commission expires: ~yr,n, n ~OR MMISSION EXPIRES 05/06/2010 CC1-971.doc Page 4 "CC1 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-] 343 that added a new article 17.5 to Title 8 of the Colorado Revised Statutes entitled "Illegal Aliens - Public Contracts for Services: 'This new law prohibits all state agencies and political subdivisions, including the City of Aspen, from knowingly employing or contracting with an illegal alien to perform work under a contract, or 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 that all contracts for services include certain specific language as set 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 the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security. "Contractor" means a person having a public contract for services with the City of Aspen "Public Contract for Services" means any type of agreement, regardless of what the agreement may be called, between the City of Aspen and a Contractor for the procurement of services. It specifically means the contract or agreement referenced below. "Services" means the furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. PURSUANT TO SECTION 8-17.5-101, C.R.S., et. seq.: By signing this document, Contractor certifies and represents that 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 not employ illegal aliens. The Public Contract for Services referenced below is hereby amended to include the following terms and conditions: 1. Contractor shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for Services. 2. Contractor shall not enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for Services. 3. Contractor has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Contractor does not employ any illegal aliens; and if Contractor has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services, Contractor shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such application within five (5) days of the date of the Public Contract. Contractor shall continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafrer, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Federal Basic Pilot Program is discontinued. 4. Contractor shall not use the Basic Pilot Program procedures to undertake pre-employment screening 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 the City of Aspen within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 6. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5- 102 (5), C.R.S. 7. If Contractor violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen arising out of Contractor's violation of Subsection 8- 17.5-102, C.R.S. Public Contract for Services: ~.00,~/ N ~ Contractor: @ x .,lTt2Al $7x}iL"-S «~F I0~ Cy ~P ~`-1 ~ ~ a C w .~ Title: Yd/E~PY~ES/O~ JPW- saved: 8/3/2006-867-M:\city\cityatty\contract\forms\certification - hb-06-1343.doc BID PROPOSAL FOR1dI PROJECT NO. 2009-070 BID DATE: August 31, 2009 PROJECT: Yellow Brick Building Roof Replacement PROPOSAL SUBMITTED BY: Central States Roofing Company Inc. COl~TRACTOR'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 SZxtV (60) Consecutlve calendar daVS from the date of bid opening. The Contractor agrees that construction shall start immediately following a mandatory pre-construction conference held by the Engineering Deparhnent, 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 informalities 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 vazious 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 City. Such work product must be removed immediately and replaced properly at no cost to the City. All quantities stipulated in the bid form at unit prices are approximate and are to be used only as a basis for estimating the probable cost of work and for the purpose of comparing the bids submitted to the City. The basis of payment shall be the actual amount of materials furnished and work done. The Contractor agrees to make no claims for damages, anticipated profit, or otherwise on account of any differences between the amount of work actually performed and materials actually furnished and the estimated amount of work. BPi-971.doc 'BPi Page 1 CoBals 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 ADD);NDUM(s) numbered 1 through 2 ESTIMATED QUANTITYLIST UNIT TOTAL IB D ITEM DESCRIPTION UNIT Qi~ANT~TY PRI .E ~ ST Removal 8c Disposal of existing Sq. Ft. 23, 664 $ 2.50 $ 59T160 roofing material $ $ Replacement ofroofing Sq. Ft. 23, 664 $ 7.00 $165,_648 including new flashings Replacement of Plank Decking Sq. Ft. 1 $ 6.75 $6 75 Replacement damaged cast iron roof EA 1 $ 475.00 $475.00 drain $ $ $ $_ $ $_ $ $_ $ $ $ $_ $ $_ $ $_ $ $_ $ $_ $ $_ TOTAL BID IN NUMBERS: 224, 808 Total Bid in Words: ~ Hundred Twenty Four.~'housand Eight Hundred Eight and 00/100 C. BP1.971.doc 'BP1 Contractors Initials 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 ,Title: y; n~? Prue; dant Ful( name signature: David M. Singleton _ Company address: Telephone number: (719) 570-1774 Fax number: (719) 570-7013 . •-I Attested by: Pater; niA M_ 4hac~kPYford Subcontractor & Material Supplier List Name: Firestone ,Phone #: 800-428-4442 t Address: 310E 96th Streetr Indianopcblis In 46240 Service or Product: Material Name Address: Service or Product: Name: Address: Service or Product: Name: Address: Central States Roofing Company Inc., 5925 Oalaha Blvd. Colorado Springs, Co 80915 Phone #: Phone #: Phone #: Service or Product BP7~971.doc 'BP1 ~.__ Contradots Initials Name.• (' Address.• Service or Product: Name: Address: Phone #: Phone #: Service or Product: C, , BP1-971.doc 'BP1 ~ ConifaCtOf s Initials City of Aspen (.. Qualification Statement ProjectNo.: 1. Firm Name, Sasinsss Addraas, Contact Psrwrt 6 Telephone Number: ;2. Year Present Fire ,3. Date Thia Borm Central States Roofing & Insualting Company eatabliahea: ; Prepared: i i DBA Central States Roofing Company Inc. ;__ 1924_________ _~ 828 9 __ --- ~-- ! 5925 Cmaha Blvd. ;<• TrPe of Owoer¢hip: A. 6ma11 euaineaa Co Colorado S rin Co 80915 ~ ~ ' °• WO~II °xnmd ----------------p ----~ ~-------------------------------------------------------------------------------------------------------- ; 5. Mamma of not more than bro priwipala to eonkact: Title/Telephone: a) William R. Hauschildt, President/(719) 570-1774 David M. Singleton, Vice President/(719) 570-1774 ' --- h) -------------------------------------------- ----------------------------------------------------------------------------------- i ; 6. Project Exasplee, Laat 5 Yeara: ; Pmject Nama, rncation 6 Brief Description: Owner's Name, Addreaa 6 Telephone: Coat of Work; Date i ; (X 51,000) ; Co~letad; ___ ;1. ____________________________________________ Doherty High School _______________~______________ ____________~_____________t____________; ;Colorado Springs SD #11 ' 4515 Barns Rd ! 1115 N. E1 Paso St ~ i Colorado Springs, Co i Colorado Springs, Co ~ 799 i 10/04 i i --- -EUl].}t _Adhered.EPDM---------------- ---------------t-~-2191-52R-21Il9------------------+------------F------------' ;2 . Sabin Middle School ~ Colorado Springs SD #11 3605 N.Carefree Cir 1115 N. El Paso St Colorado Springs, Co ;Colorado Springs, Co 638 i 04/06 ' ~--- k~,llY--Adher,Qtl_F;2~..--------------- - ---------------' 12191-52R_21529-----------------~ ~ *- t-------------+------------~ ;s. Douglas County H. S. #8 ~ DCSD RE-1 ! ! ' Castle Rock ! 620 Wilcox St. ~ i i Fully Adhered EPDM ~ Castle Rock i 587 10/05 ; i----------------------------------------------- a Broadmoor Events Center ---------------~--(303) _ 387-0312 -----------------~-------------t------------! ~e Broadmoor Hotel . Colorado Springs 1 Lake Avenue Fully Adhered Ep~11 i Colorado Springs, Co 783 04/07 i -- --------------------------------------------- ---------------*--(-219.1-fi34-Z71L-----------------~-------------~------------ i ;s. Memorial Hospital North ;Memorial Hospital 90 Printers Parkway 1400 E. Boulder ! ' Co Colorado Springs, ) Colorado S rings, Co j1069 09/07 i ~ ~ ifi. - - - ----------- Norris Penrose Events Cntr ---------------+- C7.191.36.4_ 9Q9-------------- -------~ :Pikes Peak or Bust Rodeo ; Colorado Springs, Co ! 1045 W. Rio Grande ; Fully Adhered EPDM Colorado Springs, ~ 110 06/06 i ! _ ___----------------------------------- ------------------C7.191_~~5_-3547-----------------~-------------*------------' ~. CSU Pueblo HPER Reno 2200 Honforte Blvd Pueblo, Co ----gt71 j~_ nAhorar3_EPI)T1.--- i e. Current U.S.A. 1005 E, Woodman Road Colorado Springs, Co Fully Adhered EPIJM :P. spraatey uealers. ~ 729 E. Spaulding i Pueblo West, Co i fv_l l__ .~L---J' T.RI CSU Pueblo 2200 Bonforte Blvd Pueblo, Co ' !71(11 SAO_97GQ Current U.S.A. 1005 East Wooc~Anan Rd Colorado Springs, Co (719) 594-4100 Spradley Kia Dee. ! 729 E. Spaulding Pueblo West, Co ; 369 i 10/07 ; 208 04/07 ilo.pikes Peak Cortanunity College ;Pikes Peak Community College Aspen & Breckenridge Bldgs ~ 5675 S. Academy 5675 S. Academy Colorado Springs, Co 569 .04/07 ~ ~,, -----FU11-y-~Adhared-.EPP-D41------------------------------ ~ --(X1.3)-A~1=,787R-=------------°- ~ -------------~ ------------* ~ 427 10/07 m..,,.... m. ; Project Namo, Location 6 eriaf Description: ~" u.T. Rowe Price 2220 Briazgate Parkway i Colorado Springs, Co i Sz.1900 116th St~~~ Denver, Co Fully Adhered EPDM 11.Niwot High School ~ 8989 Niwot Rd Longmont, Co Oanor'a Name, Address d Telaphona: Coat OE Woik; Date , (X $1,000) Coag,letedl .T. Rowe Price 1 12220 Briargate Parkway Colorado Springs, Co ! 581 11/07 f ~~ a l ~~u_ inn -- ~----- -`--------- ~1a2200 Bonfort fBlvdi Math Bldg Pueblo, Cb ~ _ Fully_ Adhered EPDty----------------- lg.Bent County Correctional Faci. 11560 County Rd FF75 Las Animas, Co Commons 1900 LLC ;1215 4th Ave #2400 ~ ; !Seattle, WA 98161 i 1176 ~ 08/09 ~St. Vrain Valley School Di$t i ;395 S.Pratt Long)lant, Co 435 i 08/07 ~ ,-4.30:)-41-0-.5-588 -. 4 , ICSU Pueblo 12200 Bonforte Blvd iPueblo, Co 501 i 12/07 ;_IZ12)_S_49=.2763 --------~-------------~------------i ;Corrections Corporation of;America X10 Burton Hills Blvd 1 ~ iNashville, Tn 37215 628 i 01/08 ~ , iieJCit Carson County Correctional FacilityiCorrection Corporation of AUner Kit Carson, Co j10 Burton Hills Blvd Fully Adhered EPDM iNashville, 'IN 37215 640 i 05/08 1 i l,Market Place @ Interquest ;COPT Interglrest ISJC ; 9945 Federal Dr. X102 S. Tejon, St. #720 Colorado Springs, Co Colorado Springs, Co i 680 09/08 '---Fully Adhered EPDM------------------------------~-------------------- --- ~ ~ ~ ----------------may ----- y------------*-------------~------------1 1e7.'he Salvation ;The Salvation Arm 3955 Tutt Blvd ;3955 Tutt Blvd i Colorado Springs, Co }Colorado S~rings, Co i 149 i 03/09 -------------- 719 _ 635 __573 ---- ; ; , ---Fu'll'y-AAharaA EPDM------------ ~-----) ---------- -------*- -----*------------~ ; xg.Elementary School #44 ; DCSD RE-1 i 12021 Swift Fox Way 1620 Wilwx St i i i Parker Co Castle Rod Co 80104; 429 09/08 i---E'u1Yy ere~~-~--------------------------------F39-3-- X8-7--631------------------- - -----!------------1 '!, Halve Heferneva, Contact Parson, Telaphonw Number: I a) Colorado East Bank & Trust b) 115~1~5 Fortino Blvd. i n) (719)~~8~2000~a ; H. Trade Raferancae (material suppliers, aubeoniractora, ate.), Contact Person sad Telephone Number: a) Firestone (800) 428-4442 -Kathy Benedict 1 b) Fowler & Peth (303) 716-7660 - Geoffery Chappell I 1 c) Gulfeable Supply__ (719 )_574 _7663_Brenda _____; 9. Hama of eOnding Company and Insurance Coagrany, Agent's Name. Oaacriba current liability insurance coverage: 1 United Fire & Casualty Hub/SCA International Insurance Co. Don Learned (719) 544-2533- , I hereby certify that the above Qualification Statement is accurate aM true. I hereby authorize the City of Aspen to contact any and all oL the pe~ om Lirms listetl abov btain fu .her in ormati n regarding the qualifications of my firm. ( i Corporate Secretary (, si~grwtnre Patricia Shacks ford Title QS1-971.doc 'QSl BID BOND KNOW ALL PERSONS BY THESE PRESENTS, Thatwe, the undersigned, Central States Roofing, Co of 5925 Omaha Blvd. Colorado Springs Colorado asPrirxipal,hereinafter referred to as "Principal, and United Fire & Casualty Company e corporadon organized under the laws of the State of lowa ,and qualified to transact business in Fhe State of Colorado, as "Surety" are held and firmly bound unto the City of Aspen, Colorado, as obligee, hereinafter referred to as "City;' in the penal sum of: Five Percent ofl Bid-------------------------------------Dollars ($ 3% of Bid--- Iawful money of the United States of Amedca, for the Payment of which sum, well and Wty to be made to the City, we bind ourselves, and our heirs, executors, administrators, successors, and assignees, jointly and severally, by these presents: WHEREAS, said Principal has submitted a bid for construction of Yellow Brick Building Roof ReolacemeM. NOW THEREFORE, if the City shall accept the bid d the Principal and the Pdndpal shall enter into a Contract for Construction with the City in accordance with the terms of such Bid, and given such bond or bonds as may be specked in the Bid Package or Contract Documents wRh good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor end material furnished in the prosecution thereof, or rcr fhe event of the failure of the Principal to ever such Contract for Construction and give such bond or bonds, 'rf the Pdncipal shall pay to the City the difference not to exceed the penally hereof between the amount spedfied in said bid and such larger amount for which the Principal may in good faith contract with another party to perform the work covered by said Bid, then this shall be null and void, otherwise to remain in full faros and eifed in law. SIGNED AND SEALED this 27th day of august .2009. PRINCIPAL: s~('P~n1~t~rral .S~/a c Roo ng Co ~ (sea~y,/I // By: ~' %~- F4cssr~77'O Attest J"n.ifz ~.ir . /'II .se~p1~',~~ William Hausch dt D Title: Sraaidant (seal) By: ~!'~ Attest: Title: Attnrn ay in Fart (Accompany this bond with certified copy of General Power of Attorney from the Surety Company to include the date of the bond.) BP1A71.tloc "aP1 Page 5 ~ Cotlats t s y „z' a S'„ v ~ a 3 ~ 9 1 ; ~ ag ,~d` " 3 n~ y~ ,q" ''~ Y?kb t ~,.> ~i~tl-~' <''~'t ,x= ...... a.y'! call':remain in full force H 5 a - to ahd ~sy ai~thorstty ¢(tt the certificates id other of ~. be affxe at un~dertarirn~si':'; F ~fv~ Pxesident "?5l~ to act in behalf of$}t his of like nature. , 7 ~ anv'oower of at#c _.. _ before ,me personal iy cameDenni sworn, did depose and say; that he resid UALTY COMPANV;`tfiecorporation descri Yi'^M' N' `+A' mill redoked,by UNITED .FIRE 8 <I, ~<.s~ ~ < ; 3y=~ay}~ d~ly adggted by BoaYd Qi a be Y'¢ 3:s ~ ~~ ... .. x... Aug, 31. 2009 1:3§PM central states roofing LIQUIDATED for FAILURE TO COMPLETE No.7551 P. 3 DAMAGES THE WORK ON TIME The undersigned contractor declares his/her full awareness of the content and terms of this contract affirms that the contractual time is the period mentioned in the contract Specifications plus the extension(s), if any, granted by the City of Aspen for successful completion of project. The undersil contractor further acknowledges he/she understands and agrees to liquidated damages to be deducted f moneys due to him/her for any delayed calendar day beyond the total time at the rate of 8500.00 per e Thls amount and the total allowed time by the City shall not be negotiable under any conditions. ~ a ,~, ~.X, .fir. ~~'pR p~- STATE OF COLORAI)0 COUNTY El Paso SS. Central States Roofing Canpany Ino. 1c e _~ $efore me Patricia M, Shackelford , a notary public and for ~ Paso County, Colorado personally appeared David M. Singleton known to me personally to be the whose signature(s) in my presence this 31 st~ ,day of 1PpY .?Ug' ., August .Zgt:v. zod~:~~ _. PA ~ My comma ` .~'~ ' :. '~'~ 00 (Seal) q~ OF C0~•~~P Not~iry PubHo M7 Commwla] Exyirea U12I7.D10 LI I-971.doc. ^LDI BP1.871.doc `BPt Pa®e a Contra a nltlsls Aug. 31. 2009 1:35 PM central states roofing AI'~'IDAVIT OF COMPLIANCE 1'120JECT NUMBER: 2009-070 No.1557 P. 2 The undersigned contractor has read a copy of the Contract Documents including the construction plans, for this protect end understands and hereby affirms that he/she does not now, nor will he/she in the future, violate the provisions of Bald 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 terms and conditions of the Aspen Municipal Code and its being part of the Contract with the City of Aspect t"ijt'.4. ~~~~ ,:~ STATE OF COLORADO COUNTY El Paso SS. Central States 12oofinq Company Tnc. Conhactor y, Before me Patricia M. Shackelford , a notary public and for El Paso County, Colorado personally appeared David M. Singleton known to me personally to be the person(s) whose signature(s) in my presence this 31st day of _ August ,A.D.20D9~~ My commiss' , piles: -"'~~/c . , °- (Seal) ?~ PAIRIGAIA. ~ .rtivt. _ $~~' Notary Pub(fc w:'•. ,/ IAy egryDls6lon FxDkas 1HY2010 ACI-971.tlx BP1.871.doc 'BP1 Page 7 C ctor'elntlela AFFIDAVIT OF COMPLIANCE PROJECT NUMBER: 2009-070 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 terms and conditions of the Aspen Municipal Code and its being part of the Contract with the City of Aspen. €1 ~ . , ?~ ._? 'Y~' , !r":ayeti! as c> ~t't~x STATE OF COLORADO ) SS. COUNTY El Paso Central States Roofing Company Inc. Contractor Y~ Before me Patricia M. Shackelford , a notary public and for El Paso County, Colorado personally appeared David M. Sin4leton known to me personally to be the person(s) whose signature(s) in my presence this 31st day of August , A.D. 2W9.~,,,,~ My (Seal) ~ PA Yy Comnissbn Expires 1111/2010 ACl-9]Ldoc BP1-971.doc 'BP1 7 Notary Public Page 7 Contractor's Initials LIQUIDATED DAMAGES for FAILURE TO COMPLETE THE WORK ON TIME The undersigned contractor declares his/her full awareness of the content and terms of this contract affirms that the contractual time is the period mentioned in the contract Specifications plus the extension(s), if any, granted by the City of Aspen for successful completion of project. The undersil contractor further acknowledges he/she understands and agrees to liquidated damages to be deducted 1 moneys due to him/her for any delayed calendar day beyond the total time at the rate of $500.00 per y This amount and the total allowed time by the City shall not be negotiable under any conditions. h ,~,r~s. ~~~G ~T;~~•~ J =~~ ° x ~ t""t~''~"~al ~'- ~~(. OR a~ STATE OF COLORADO SS. COUNTY El Paso Central States Roofing Company Inc. a Before me Patricia M. Shackelford , a notary public and for El Paso County, Colorado personally appeared David M. Singleton known to me personally to be the p whose signature(s) in my presence this 31st day of August "~~{:D.2069:~/C'\ PATRIgA11. ~~ My commie 0 O G~~ (Seal) 9j~QF'~CO~! No Public My Comnussion Expues 7717J2010 LI1-971.doc. 'LDI BP1-971.doc 'BP1 Page 8 Contractors Initials