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CONSTRUCTION CONTRACT THIS AGREEMENT, dated this day of 2010, by and between the City of Moscow, Idaho, a municipal corporation of the State of ld o (hereinafter, "City") and Atlantis Pool Plastering, 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 qualified proposal submitted: NOW THEREFORE, the parties to this Contract, in consideration of the mutual covenants and stipulations set out, agree as follows: ARTICLE l. 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: I. Advertisement for Bids; 2. Project Specifications titled: Activities Pool Re-plastering Hamilton Lowe Aquatics Center 20 I 0 3. Bid/Proposal of the Contractor, dated January 20, 2010, to be physically attached to this Contract; 4. The Engineering Plans; 5. Performance and Payment Bonds and Insurance Certificates, to be physically attached to this Contract; 6. Change Orders, which may be delivered or issued after the effective date of this Agreement; 7. Addenda issued prior to opening of bids, to be physically attached to this contract. There are no Contract Documents other than those listed in Article I. 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. ARTICLE3. CONTRACT TIME/SUBSTANTIAL COMPLETION The work to be performed pursuant to this Contract shall be substantially complete on or before May 28, 20 I 0 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. ARTICLE 4. 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 One hundred twenty three thousand eight hundred forty four DOLLARS ($123,844.00). Said Contract Sum shall be paid in accordance with the Contract Documents. ---PAGE BREAK--- 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. ARTICLE6. SCOPE OF SERVICES The Contractor shall perform all services required by the Contract Documents. All work shall be completed in accordance with the specifications and plans established for this project. ARTICLE 7. HOLD HARMLESS/INDEMNIFICATION 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 through use of unacceptable materials in constructing 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 Jaw, ordinance, order or decree. ARTICLE 8. 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/Engineer and the City. ARTICLE 9. 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 of Moscow. 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 the 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. 2 ---PAGE BREAK--- ARTICLE 11. LEGAL FEES In the event either party incurs legal expenses to enforce the terms and conditions of 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. LIVING WAGE/MINIMUM WAGE As a condition of this Agreement, the Contractor shall pay to all laborers, mechanics, subcontractors, employees, agents, and assigns who perform services for City pursuant to this Agreement, working full time, the living wage/minimum wage established by City of Moscow Resolution 2006-18. Such City living wage/minimum wage shall be that in effect on the date of execution of this Agreement. ARTICLE 14. 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: City: ATLA!Vrtr;. fOtt>L ,loSe.. ' p .LJ- 13'ax. '3 enƓ /;¢Ɣa.s 7 City of Moscow 206 E. 3'd Street P.O. Box 9203 Moscow, Idaho 83843 ity have caused this Contract to be executed on the 3 ---PAGE BREAK--- ACKNOWLEDGMENT On this day of , 2010, before me, a Notary Public of the State of Idaho, personally appeared in his official capacity as known to me to be the person described in the above document and acknowledged to me he executed the same. SEAL Notary Public residing at _ My Commission expires _ 4 ---PAGE BREAK--- TO: Mayor and City Council City of Moscow, Idaho BID PROPOSAL Date: This proposal is submitted as an offer by the undersigned to enter into contract with the City ofMoscow, Idaho as represented by the City Council, hereinafter referred to as the 'CITY' for ACTIVITIES POOL REPLASTERING- HAMILTON LOWE AQUATICS CENTER 2010, specified herein and which construction documents are on file with the City Engineer, Paul Mann Building, 221 East 2nd Street, Moscow, Idaho, and which are a condition hereof with 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 CITY to the terms and prices herein submitted. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. All project specifications and drawings examined by the undersigned and their terms 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 and that he attended a mandatory pre-bid It is understood that the contract drawings may be supplemented by 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 1 above, will have the same force and effect as if attached hereto and that when received they will be considered a part of the contract. The undersigned will fumish separate performance and payment bonds in the full amount of the contract price. 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. The undersigned further agrees that the CITY shall have the right to accept or reject any bid unless rejection or acceptance is deemed to be in the best interest of the City. The undersigned agrees to order all necessary equipment and materials within a period of three days after the effective date of the Notice to Proceed. N//l The undersigned, as a bidder, acknowledges that Addenda Number through _ _ _ _ have been delivered to him and have been examined as part of the contract documents. The undersigned agrees to complete all work embraced in the contract within the time limitations set forth in paragraph IB-13 of the Instruction to Bidders. The undersigned holds Idaho State Public Works Contractor's License Number { 0 b . -Lj The undersigned proposes to use the following sub-contractors in the performance of meeting the contract requirements. Infonnation herein must comply with Idaho Code Section 67-2310 and IB-16: Activities Pool Replastering- Hamilton Lowe Aquatics Center Specifications Page 2 ---PAGE BREAK--- Feb 25 10 04:24p ATLANTIS POOL PLASTERING ARTICLE 11. LEGAL FEES [PHONE REDACTED] p.2 In the event either party incurs legal expenses to enforce the terms and conditions of 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 inllucnce 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. LIVING WAGE/MINIMUM WAGE As a condition of rhis Agreement, the Contractor shall pay to all laborers, mechanics, subcontractors, employees, agents, and assigns who perform services for City pursuant to this Agreement, working full time, the living wage/minimum wage established by City of Moscow Resolution 2006-1 Such City living wage/minimum wage shall be that in effect on the date of execution of this Agreement. ARTICLE 14. COM:vtUNICA TJONS 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: City: City of\-loscow 206 E. 3'd Street P.O. Box 9203 "oscow, Idaho 83843 IN WITNESS WHEREOF, said Con?iC' rand the City have caused this Contract to be executed on the day and year_ first abpve written. r· Contrs>Pr: · - / / / \ City: Nancy Chaney, Mayor ATTEST: Stephanie Kalasz, City Clerk Approved As To Form: Randall D. Fife, City Anomey 3 ---PAGE BREAK--- Feb 25 10 04:25p ATLANTIS POOL PLASTERING [PHONE REDACTED] p.3 ACKNOWLEDGMENT On this I {R day of :J-d ti\l , 2010, before me, a Notary Public of the State of Idaho, personallY. . appeared , in his official capacity as 1?us. tl [ A.j...IQ.t--fi5 J>ool ' known to me to be the person described in the aoove document and acknowledged to me he executed the same. SEAL 4 ---PAGE BREAK--- Feb 25 10 04:24p ATLANTIS POOL PLASTERING [PHONE REDACTED] P.O. Box 3475 Abilene, TX 79604 p.1 [PHONE REDACTED] I [PHONE REDACTED] Fax li;:atlantis@aoL com TO: FAX COVER Kobut: biCU\clv:v-A C of fVlo2eow FROM: Thank you in advance Liz Foster, Admin. Asst. Date: 0 _ _ _ Fax#: JoQ- 3pg - ---PAGE BREAK--- t-teart of the Arts • • • • Nancy J. Chaney Mayor Wayne Krauss Council President Dan Carscallen Council Vice-President Tim Brown Council Member Tom Lamar Council Member Sue Scott Council Member Walter M. Steed Council Member • • • • Gary J. Riedner City Supervisor • • • • Cily of Moscow. City Hall 206 East 3rd Street P.O. Box 9203 Phone{208)883-7000 Fax (208) 883-7018 Website: www.ci.moscow.id.us Hearing Impaired {208) 883-7019 February 2, 2010 Atlantis Pool Plastering, Inc. P.O. Box 3475 Abilene, Texas 79604 Re: Activities Pool Re-Piastering, Hamilton-Lowe Aquatics Center Gentlemen: The City Council accepted your Base Bid on February 1, 2010. Consider this your NOTICE OF A WARD in the amount of $123,844.00. Two copies ofthe agreement are enclosed. Please sign, notarize, and return both copies, along with separate performance and payment bonds and the appropriate insurance certificates (both liability and workmen's compensation), within ten days. Please be sure the insurance certificate includes the wording as per the example enclosed and that the documents be returned to the attention of Roger Blanchard, Parks & Facilities Manager. Feel free to call me at (208)883-7098 if there are any questions. Thank you. Sincerely;_, · d Parks & Facilities Manager Encls. ---PAGE BREAK--- LABOR AND MATERIAL PAYMENT BOND Travelers Casualty and Surety Company of America One Tower Square 3PB, Hartford, CT 06183 Bond No. 7 83::.::2=2 THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITH FULL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: That Atlantis Pool Plastering, Inc , as Principal, hereinafter called Principal, and, Travelers Casualty and Surety Company of America, of One Tower Square 3PB. Hartford, CT 06183, a corporation duly organized under the laws of the State of Connecticut, as Surety, hereinafter called Surety, are held firmly bound unto City of Moscow, Idaho , as Obligee, hereinafter called Owner for the use and benefit of Claimants as herein below defined, in the amount of One hundred twenty three thousand eight hundred forty four dollars Dollars ($123,844}, 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 o2- 1/-dO /0 , entered into a contract with Owner for in accordance with Drawings and Specifications prepared 'by __.::CĕiĖtYL-=EėnĘgl!:! . PĚaěui!,.._ĜMĝaĞn.!.!n_ _.:BğIĠdġgĢ2!:.!2ģ1'--E=-...!2:.. Mĥo:::sĦc:::t.oħw"-, ƑIDƒ which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1) 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 use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 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 claimant's work or labor was done or performed, 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. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3) No suit or action shall be commenced hereunder by any claimant: Unless claimant. other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above-named, within ninety (90) days after such claimant did or performed the last of the work Witness Witness or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. After the expiration of one year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the slate 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, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. D Principal Travelers Casualty and Surety Company of America R; J27 AHomey-;o-F•d Printed in cooperation with the American Institute of Architects (AlA} by Travelers Casualty and Surety Company of America. The language in this document conforms exactly to the language used in AlA Document A311, February 1970 edition. S-1871-F (10-00) ---PAGE BREAK--- PERFORMANCE BOND Travelers Casualty and Surety Company of America One Tower Square 3PB, Hartford, CT 06183 Bond No. 1 05278322 KNOW ALL MEN BY THESE PRESENTS: That Atlantis Pool Plastering, Inc , as Principal, hereinafter called Contractor, and, Travelers Casualty and Surety Company of America, of Hartford, Connecticut, a corporation duly organized under the laws of the State of Connecticut, as Surety, hereinafter called Surety, are held firmly bound unto Cit of Moscow Idaho , as Obligee, hereafter called Owner, in the amount of One hundred twenty-three thousand eight hundred forty-four Dollars($ 123,844.00 for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated , entered into a contract with Owner for in accordance with Drawings and Specifications prepared by City Enqineer,Paul Mann building, 221 E 2"d St. Moscow,ID which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may remedy the default, or shall 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for Signed and sealed this 16th day of Februarv . .2_0_1q. Witness Witness a contract between such bidder and Owner, and make available as Work progresses {even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. Attorney-in-Fact Printed in cooperation with the American Institute of Architects (AlA) by Travelers Casualty and Surety Company of America. The language in this document conforms exactly to the language used in AlA Document A311, February 1970 edition. S-1870-E { 10-00) ---PAGE BREAK--- WARNING: THIS POWER OF AITORNEY IS INVALID WITHOUT THE RED BORDER ǔ TRAVELERSJ POWER OF ATTORNEY Attorney-In Fact No. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company 214933 St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 002986831 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota. that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut. that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of lowa, and that Fidelity and Guaranty Insurance Underwriters, lnc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Ronny J. Bryant, Philip L. Bruce, Stomi J. Callaway, Sheree Crow, Glendel L. Bruce, and Barbara Bridges of the City of Abilene , State of , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign. execute, seal and acknowledge any and all bonds. recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons. guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by Jaw. 6th IN WITNESS WHEREOF, the Com2anies have caused this instrument to be signed and their corporate seals to be hereto affixed. this day of May . 2009 . . State of Connecticut City of Hartford ss. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company 0 By: St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company On this the _G _t _h day of _M _ _ _2 _0 _0 _9 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, J hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. 58440-5-07 Printed in U.S.A. '"Mnne C. Tetreault. Notary Public WARNING: THIS POWER OF AITORNEY IS INVALID WITHOUT THE RED BORDER ---PAGE BREAK--- eRb CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD!YYYY) OP 10 AF 02/08/10 ATLAN-2 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATIER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Perry Hunter Hall, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 1400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Abilene TX 79604 Phone:[PHONE REDACTED] Fax:[PHONE REDACTED] INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Hartford Fire Insurance co 19682 INSURERS: American States Insurance Co Atlantis Pool Plastering Inc. INSURER C: Texas Mutual Insurance Company P.O. Box 3475 INSURERD: Hartford Casualty Insurance Co 29424 Abilene TX 79604 I INSURERE: 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ''1:-TR IN'S'R[ TYPE OF INSURANCE POLICY NUMBER j'O _ 'E!pr mg:r DATE MMIDD t2s:ff LIMITS GENERAL LIABILITY EACH OCCURRENCE $1000000 A X COMMERCIAL GENERAL LIABILITY 46UENQY2246 06/27/09 06/27/10 YEonm.;lnce) $ 300000 I CLAIMS MADE q OCCUR MED EXP (Any one person) $ 10000 X Contractual Liab PERSONAL & ADV INJURY $1000000 GENERAL AGGREGATE $2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS· COMP/OP AGG $2000000 ! ·fil PRO· n POLICY X JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 B ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS 04CC225229-1 11/21/09 11/21/10 (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) i- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY • EA ACCIDENT $ R ANY AUTO OTHER THAN EAACC $ AUTO ONLY; AGG $ EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $2000000 D OCCUR D CLAIMS MADE 46HHUQY2633 08/20/09 06/27/10 AGGREGATE $2000000 $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION x ITB'/Al-¥5 I !OJ· AND EMPLOYERS' LIABILITY Y I N c ANY TSF0001140983 02/01/10 02/01/11 E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE· EA EMPLOYEE $1,000,000 IP}t1its~ciR?6s below E.L. DISEASE· POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS General Liability includes Blanket Waiver of Subrogation and Blanket Additional Insured endorsements if required by written contract. RE: Hamilton-Lowe Aquatics Center CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITYOFM DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE INSURER, ITS AGENTS OR City of Moscow REPRESENTATIVES. 206 E 3rd Street Room 303 AUZEO REPRES9NTATIB J Moscow ID 83843 I Ǔ - 'ru-t ACORD 25 2009/01 © 198b-2d09 ACORD cbRPORATION. All ri g hts reserved. The ACORD name and logo are registered marks of ACORD ---PAGE BREAK--- lTD 1983 (Rev. 8-02) Local Public Agency's Certificate Of Completion Of Right-Of-Way Activities Local Public Agency Project No. City of Moscow N/A Project Name Key No. Orchard Ave Overlay G09205 PART A The proposed construction project did not require the acquisition of additional real property rights. [8J Check here if Part A pertains, then skip to Part C below and complete date and signature area of form. (If Part A is not applicable, please complete Parts Band C below.) PART B The proposed construction project required the acquisition of additional real property rights. There were _ _ _ ownerships involved and relocations of persons as a result of said acquisitions. I hereby certify that all acquisitions and relocations, if any, were performed in accordance with our assurances to comply with state and federal laws and regulations related to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and amendments thereto. It is further certified that in all cases where the real property rights were obtained through donation, that the property owner(s) was fully informed of the right to receive just compensation and the owner has released our agency from its obligation to appraise the property in the event that the estimated value may exceed $2,500.00. PARTC Check here if there is no utility involvement on this project. D Check here if arrangements have been made to coordinate the relocation of any/all utility facilities. Date Agency City of Moscow