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CONSTRUCTION CONTRACT THIS AGREEMENT, dated this IZJ{.._ day of , 20 II, by and between the City of Moscow, Idaho, a municipal corporation of the State of Jd ho (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 tile 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 1. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between the City and the Contractor concerning the work to be performed are this Contract, pages one ( 1) through four ( 4) and the following: I. Advertisement for Bids; 2. Project Specifications titled: Lap Pool Re-plastering Hamilton-Lowe Aquatics Center 2011 3. Bid/Proposal of the Contractor, dated September 30, 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 Contra ctor 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 22, 2011 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 nineteen thousand eight hundred forty four DOLLARS ($119,844.00). Said Contract Sum shall be paid in accordance with the Contract Documents. 1 2..ot\. ol ---PAGE BREAK--- ARTICLE 5. 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. [t 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 law, 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 pa1t 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. 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: Atlantis Pool Plastering, Inc. P.O. Box 3475 Abilene, TX 79604 City of Moscow 206 E. 3'd Street P.O. Box 9203 Moscow, Idaho 83843 IN WITNESS WHEREOF, said Contractor and the City have caused this Contract to be executed on the day and year first above written. au byo DAon, pm;eflt 3 ---PAGE BREAK--- ACKNOWLEDGMENT On this 61A1 day of Janu.d.?;h efore me, a Notary Public of the State of G_,ul.a6 -IW.!:SO (l\7 TO: Mayor and City Council City ofMoscow, Idaho BID PROPOSAL Date: q-.3 0 F d-i) This proposal is submitted as an offer by the undersigned to enter into contract with the City of Moscow, Idaho as represented by the City Council, hereinafter referred to as the 'CITY' for LAP POOL REPLASTERING- HAMIL TON LOWE AQUATICS CENTER 2011, 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 t~e CITY to the terms and prices herein submitted. 1. All project specifications and drawings examined by the undersigned and their terms and conditions are hereby agreed to. 2. 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 3. 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. 4. The undersigned will furnish separate performance and payment bonds in the full amount of the contract price. 5. The cash, certified check, bid bond, or cashier's check accompanying this proposal shall be forfeited to the City of Moscow, Idaho to the extent of 5% of the amount bid if the undersigned shall fail or refuse to execute the contract, furnish performance and payment bonds, and insurance certificate as required by the specifications within the time limit therein after notification that the said proposal is accepted, all in accordance with the provisions of this proposal and the specifications. 6. The undersigned further agrees that the CITY shall have the right to accept or reject any bid which rejection or acceptance is deemed to be in the best interest of the City. 7. The undersigned agrees to order all necessary equipment and materials within a period of three days after the effective date of the Notice to Proceed. 8. The undersigned, as a bidder, acknowledges that Addenda Number 0 through _ _ have been delivered to him and·have been examined as part of the contract documents. 9. The undersigned agrees to complete all work embraced in the contract within the time limitations set forth in paragraph IB-I 3 of the Instruction to Bidders. 10. The undersigned holds Idaho State Public Works Contractor's License Number 0 0 tfh 11. The undersigned proposes to use the following sub-contractors in the performance of meeting the contract requirements. Information herein must comply with Idaho Code Section 67-2310 and IB-16: Lap Pool Replastering- Hamilton Lowe Aquatics Center Specifications Page 2 ---PAGE BREAK--- INVITATION TO BID The City of Moscow, Idaho is accepting sealed bids at the business office of the City Clerk, third floor, City Hall, 206 East Third Street, P.O. Box 9203, Moscow, Idaho 83843, untill :00 p.m., prevailing local time, Wednesday, October 6, 2010 for the following project: LAP POOL REPLASTERING HAMILTON LOWE AQUATJCS CENTER 2011 At 1:05 p.m. on October 6, 20 l 0, all proposals will be publicly opened and read aloud in the City Hall Council Chambers. The project consists of removing and replacing the existing plaster coating on the lap pool at the HAMILTON LOWE Aquatics Center located at 830 North Mountain View Road in Moscow, Idaho. Bidders shall have attended a pre-bid a pre-bid is scheduled for Friday, September I 0, 20 I 0, from 1:00 p.m. to 3:00 p.m. Contact Jay Lewis at (209) 310-9266 for details. Bid fonns, bidding instructions and conditions, contract documents and specifications may be obtained at the office of the City Engineer, Mann Building, 221 East Second Street, Moscow, Idaho 83843, phone (208) 883-7034, for a non refundable fee of$20.00 plus tax. The City reserves that right to reject any and all bids. Publish: August 21 & 28,2010. Lap Pool Replastering- Hamilton Lowe Aquatics Center Specifications Page I ---PAGE BREAK--- Subcontractors Trade Specialty Idaho Public Works License No. $Amount a. _ b. c. 12. The undersigned acknowledges he attended a pre-bid and has included with the bid the following forms and information: Bid proposal Bid security Qualification information 13. The undersigned proposes to furnish labor, materials, equipment and services of all kinds required for LAP POOL REPLASTERING - HAMILTON LOWE AQUATICS CENTER 2011 as described in the specifications, including all appurtenant work, all as required by the specifications and this proposal for prices in accordance with the completed schedule contract prices as follows: Official Title SEAL (if incorporated) Dated at AB 1lel\.e.- letw&E-., I BID SCHEDULE Public Works License No. State oflncorporation iflncorporated this30 day of s l· 20lD Lap Pool Replastering- Hamilton Lowe Aquatics Center Specifications Page 3 ---PAGE BREAK--- CONSTRUCTION CONTRACT (DRAFT- DO NOT SUBMIT WITH BID) THIS AGREEMENT, dated this day of , 20 II, by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho (hereinafter, "City") and (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 1. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between the City and the Contractor concerning the work to be performed are this Contract, pages one through U and the following: I. Advertisement for Bids; 2. Project Specifications titled: Lap Pool Replastering, Hamilton-Lowe Aquatics Center 20Il. 3. Bid/Proposal of the Contractor, dated (year), 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 1. This Contract may only be amended by change order as provided in the General Conditions. ARTICLE2. 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 _ (date), unless adjustment of the contract time is made in accordance with the provisions of the Conrrïct Documents. The Contractor shall begin work in conformance with the Contract Documents and shall complete the work prior to the date of completion. ARTICLE4. CONTRACT SUM The City shall pay the Contractor for completion of the Work in accordance with the Contract Documents in current funds the amount of DOLLARS . Said Contract Sum shall be paid in accordance with the Contract Documents. Lap Pool Replastering- Hamilton Lowe Aquatics Center Specifications Page 4 ---PAGE BREAK--- . . 'BID BOND Bond No. N/A Travelers Casualty and Surety Company of America One Tower Square 3PB, Hartford, CT 06183 KNOW ALL MEN BY THESE PRESENTS, That we, Atlantis Pool Plastering,lnc, as Principal, hereinafter called the 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 the Surety, are held and firmly bound unto City of Moscow,206 E 3 rd Street, Moscow,ID 83843, as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid by Principal Dollars ($Five Percent of Amount Bid by Principal), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Lap Pool Replastering-Hamilton Lowe Aquatics Center-2011, Project# 101-011. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 30th day of August, 2010. Witness (Seal) Travelers Casualty and Surety Company of Amer (Seal) Aneesa L Bacon Witness 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 A310, February 1970 edition. S-1869-G (10-00) ---PAGE BREAK--- ---PAGE BREAK--- . ¾ WARNING: THIS POWER OF Ano!,NEY iIJINYALID WIT!-iOUT THE RED BORDER POWER OF ATTORNEY T-RAVELERSJ Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Attorney-In Fact No. 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. 002986867 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 lnws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. 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 AbikoP . Stare 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 law. 6th IN WITNESS WHEREOF. the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, 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 _6 _l _ 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, Jnc 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, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. 58440-5-07 Printed in U.S.A. \:Marie C. Tetreauh, Notary Public WARNING: THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER ---PAGE BREAK--- WARNING: THIS POWE½ 01" ATTO.RN!iY IS II ALID WITHOUT THE RED BORDER ' . This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc Seaboard Surety Company, St. Paul Fire and Marine Insurance Compa=ty. 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. which resolutions are now in full force and effect. reading as follows: RESOLVED, that the Chairman, the President. any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President. any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances. contracts of indemnity. and other writings obligatory in the nature of a bond. recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED. that the Chairman. the President. any Vice Chairman, any Executive Vice President. any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when signed by the President. any Vice Chairman, any Executive Vice President, any Senior Vice Presidem or any Vice President. any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President. any Executive Vice President. any Senior Vice President, any Vice President, any Assistant Vice President. any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof. and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, 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 do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies. which is in full force and effect and has not been revoked. 0 Kori M. Johans 10. To verify the authenticity of this Power of Attorney. call 1-[PHONE REDACTED] or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF AT TORNEY IS INVALID WITHOUT THE RED BORDER ---PAGE BREAK--- LABOR AND MATERIAL PAYMENT BOND Travelers Casualty and Surety Company of America One Tower Square 3PB, Hartford, CT 06183 Bond No. 105370695 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 Plasterina. 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 Stale of Connecticut, as Surety, hereinafter called Surety, are held firmly bound unto City of Moscow. 206 E. 3'd Street. Moscow,ID 83843 , as Obligee, hereinafter called Owner for the use and benefit of Claimants as herein below defined, in the amount of Dollars($ 119,844.00 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 , entered into a contract with Owner for in accordance with Drawings and Specifications prepared by City of Moscow, JOB-Lap Pool Re-plastering, Hamilton-Lowe Aquatics Center 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 seNice 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 s;ofJ•nu•rv. 2011. Witness Aneesa Bacon 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 seNed 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 seNed in any manner in which legal process may be seNed in the state in which the aforesaid project is located, save that such seNice 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 state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4) The amount of this bond shall be reduced by and to t.he 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 net claim for the amount of such lien be presented under and against this bond. De'nfliS Watson Principal 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-1871-F (10-00) ---PAGE BREAK--- ---PAGE BREAK--- . . PERFORMANCE BOND Travelers Casualty and Surety Company of America One Tower Square 3PB, Hartford, CT 06183 Bond No. 105370695 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 Citv of Moscow. 206 E 3'd Street. Moscow.ID 83843 , as Obligee, hereafter called Owner, in the amount of One Hundred nineteen thousand, eight hundred forty-four Dollars($ 119,844.00 for the payment wnereof 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 of Moscow, JOB-Lap Pool Re-plastering.Hamilton-Lowe Aquatics CenterS wnich 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 5th day or Januarv. 2011. Witness Aneesa Bacon 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 wnich 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 wnich 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 0\Mler. Principal 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--- ---PAGE BREAK--- • u» m· At- ACORD. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYY) 01/14111 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement{s). PRODUCER [PHONE REDACTED] Perry Hunter Hall, Inc. [PHONE REDACTED] P.O. Box 1400 Abilene, TX 79604 Ronny Jaye Bryant INSURED Atlantis Pool Plastering Inc. P.O. Box 3475 Abilene, TX 79604 COVERAGES CERTIFICATE NUMBER· F2GHIcT Dennis Watson r@gAo Exll: [PHONE REDACTED] I iffc Nol: [PHONE REDACTED] DlE: denniswatson1 @att.blackberry.net ID ATLAN-2 . IHSURER(S) AFFORDING COVERAGE INSURER A: Hartford Casualty Insurance Co INSURERs:American States Insurance Co INSUReRc:Texas Mutual Insurance Company INSURER D: INSURER E: INSURER F: REVISION NUMBER· NAIC # 29424 22945 THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE LTR tR:NERAL LIABILITY A MERCIAL GENERAL LIABILITY CLAIMS-MADE 0 OCCUR X Contractual Liab 8 A c _ _j nl AGGRl Ti LIMIT APnS PER POLICY X P,Cf.; LOC AUTOMOBILE liABILITY ANY AUTO ALL OWNED AUTOS A SCHEDULED AUTOS r-!-1 HIRED AUTOS C NON·OWNED AUTOS UMBRELLA LIAB EXCESS UAB OCCUR CLAIMS-¢DE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIE TCR/PARTNERJEXECUTIVE D OFFICER/MEMBER EXCLUDED? (Mandalory in NHJ ¼<'gPERATIONS below stus"v I 1 NIA lwri POUCY NUMBER BCahlDME UMITS EACH OCCURRENCE $ 1,000,00C 46UENQY2246 06/27/10 06/27/11 rJe;'ence s 300,00C MED EXP (Any one person) s 10,00C PERSONAL & ADV INJURY s 1,000,00C GENERAL AGGREGATE s 2,000,00C PRODUCTS • COMPtOP AGG s 2,000,00C $ COMBINED SINGLE LIMIT $ 1,000,00C ac:eldont) BODILY INJURY (Per person) s DDDIL Y INJURY (Per accidenll S 104CC225229-2 11/21/10 11/21/11 PROPERTY DAMAGE (Per ¤ccicenl) $ ! s s I EACH OCCURRENCE s 2,000,00! 46HHUQY2633 06/27/10 06/27/11 AGGREGATE $ 2,000,00C $ $ xtrlIm I OJ= · TSF0001140983 02/01/11 02/01/12 E.L. EACH ACCIDENT $ 1,000,00! E.L. DISEASE· EA EMPLOYEE s 1,000,00C E.L. DISEASE · POLICY LIMIT $ 1,000,00C DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarl