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CONSTRUCTION AGREEMENT MOSCOW POLICE DEPARTMENT HV AC ROOFfOP REPLACEMENT PROJECT - 2013 THIS CONSTRUCTION AGREEMENT MOSCOW POLICE DEPARTMENT AC ROOFTOP REPLACEMENT PROJECT - 2013 (hereinafter "Agreement"), dated this ~~ay of August, 2013, by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter, "CITY") and Fork Refrigeration, 2007 South Main, Moscow, Idaho, 83843 (hereinafter, "CONTRACTOR"): WITNESS ETH: WHEREAS, pursuant to the invitation of CITY, extended through an officially published "Advertisement for Bids", CONTRACTOR did, in accordance therewith, file with CITY a proposal containing an offer which was invited by said notice; and WHEREAS, CITY has determined that said offer was the lowest responsive and best submitted: NOW THEREFORE, the parties to this Agreement, 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 five and the following: 1. Advertisement for Bids; 2. Project Specifications titled: MOSCOW POLICE DEPARTMENT HV AC ROOFTOP REPLACEMENT PROJECT - 2013 3. Bid/Proposal of the CONTRACTOR, dated the 181h day of June, 2013, to be physically attached to this Agreement; 4. The Engineering Plans; 5. Performance and Payment Bonds and Insurance Certificates, to be physically attached to this Agreement; 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 Agreement. There are no Contract Documents other than those listed in Article 1. This Agreement may only be amended by change order as provided in the General Conditions. CONSTRUCTION AGREEMENT- FORK REFRIGERATION Moscow POLICE DEPARTMENT HY AC PAGE I OF 5 2o\3-loD ---PAGE BREAK--- ARTICLE2. WORK The CONTRACTOR shall complete the entire work as specified, indicated and required under the Contract Documents. ARTICLE3. AGREEMENT TIME/SUBSTANTIAL COMPLETION The work to be performed pursuant to this Agreement shall be substantially complete on or before seventy five (75) calendar days from the commencement of work, unless adjustment of the Agreement time is made in accordance with the provisions of the Contract Documents. CONTRACTOR shall begin work in conformance with the Contract Documents and shall complete the work prior to the date of completion. ARTICLE4. AGREEMENT SUM CITY shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds the amount of Thirty Thousand Seven Hundred Ninety Nine and 28/100 Dollars ($30,799.28). Said Agreement Sum shall be paid within thirty (30) days of completion of work. ARTICLES. INDEPENDENT CONTRACTOR The parties warrant by their signature that no employer-employee relationship is established between CONTRACTOR and CITY by the terms of this Agreement. It is understood by the parties hereto that CONTRACTOR is an independent contractor and as such neither it nor its employees, agents, representatives or subcontractors, if any, are employees of CITY for purposes of tax, retirement system, or social security (FICA) withholding. ARTICLE 6. SCOPE OF SERVICES 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 CITY by the Contract Documents, CONTRACTOR shall indemnify and save harmless CITY and the Parks and Facilities Manager, 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 CONTRACTOR or his/her 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 CONSTRUCTION AGREEMENT - fORK REFRIGERATION Moscow POLICE DEPARTMENT HY AC PAGE20F5 ---PAGE BREAK--- because of any act or om1ss1on, neglect, or misconduct of CONTRACTOR or his/her 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 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. CONTRACTOR further covenants that, in performing this Agreement, it will employ no person who has any such interest. Should any conflict of interest arise during the performance of this Agreement, CONTRACTOR shall immediately disclose such conflict to CITY and the Parks and Facilities Manager. ARTICLE 9. ENTIRE AGREEMENT, MODIFICATION AND ASSIGNABILITY This Agreement 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 Agreement may not be enlarged, modified or altered except upon written agreement signed by the parties hereto. 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 CITY. ARTICLE 10. ADHERENCE TO LAW REQUIRED All applicable local, state and federal statutes and regulations are hereby made a part of this Agreement and shall be adhered to at all times. Violation of any of these statutes or regulations by CONTRACTOR shall be deemed material and shall subject CONTRACTOR to termination of this Agreement for cause. No pleas of misunderstanding or ignorance on the part of CONTRACTOR will in any way serve to modify the provisions of this requirement. CONTRACTOR and his/her surety shall indemnify and save harmless 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/herself, his/her employees, or his/her subcontractors. ARTICLE 11. LEGAL FEES In the event either party incurs legal expenses to enforce the terms and conditions of this Agreement, 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. CONSTRUCTION AGREEMENT - FORK REFRIGERATION Moscow POLICE DEPARTMENT HV AC PAGE3 OF5 ---PAGE BREAK--- ARTICLE 12. SPECIAL WARRANTY CONTRACTOR warrants that nothing of monetary value has been given, promised or implied as remuneration or inducement to enter into this Agreement. 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 Agreement. Any such activity by CONTRACTOR shall make this Agreement null and void. ARTICLE 13 COMMUNICATIONS Such communications as are required by this Agreement shall be satisfied by mailing or by personal delivery to the parties at the following address: CONTRACTOR: Fork Refrigeration 2007 S. Main Moscow, Idaho 83843 CITY: City of Moscow 206 East Third Street P 0 Box 9203 Moscow, Idaho, 83843 IN WITNESS WHEREOF, said CONTRACTOR and CITY have caused this Agreement to be executed on the day and year first above written. Contractor: CONSTRUCTION AGREEMENT- FORK REFRIGERATION Moscow POLICE DEPARTMENT HV AC PAGE40F5 ---PAGE BREAK--- ACKNOWLEDGMENT A On this day of vl. , 2013, before me, a Notary Public of the State of Idaho, personally appeared Dan Broyles, 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 . eVl l ~ ~ ~ ~ : ! ~otar_,, \ ; - . . = : : = - . . - . c . - - \ Ub" I ~ ~ ~ ~ & 0 tq ~ fe of \O CONSTRUCTION AGREEMENT- FORK REFRIGERATION Moscow POLICE DEPARTMENT HV AC PAGES OF5 ---PAGE BREAK--- Bond No. 61721735 BID BOND (Percentage) KNOW ALL PERSONS BY THESE PRESENTS, That we Refrig_e_~tio_111 In_c . of PO Box ~364, M9sCOW, IP BJ843 , hereinafter referred to as the Principal, and WESTERN SURETY COMPANY as Surety, are held and firmly bound unto _ C::ity .9_f _C::Uy Qf M_o;>_99w . hereinafter referred to as the Obligee, in the amount of Five Perc ent of the Amount Bid ( for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submilled or is about to submit a proposal to Obligee on a contract for Mo;;cow Poli_ce Oep§,t:tmen j; HVA<:;_ R.cicift9p Rep Pi:oj_ect ~013 NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this Form f4595-B-2001 FORK REFRIGERATION - CONTRACT DOCUMENTS Moscow POLICE DEPARTMENT HY AC 18th day of _ June 2013 Principal for" F\_E!frj._ge_<:~tion, Inc. Surety WESTERN SURETY COMPANY BY: l? , Shawn llOUgl as Sul 1.1 va n, Atlomey-ln-Fact PAGE l OF7 ---PAGE BREAK--- Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No 61721735. Know AIJ Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly ol'gaoized and existing under the laws of the State ofSol1th Dakota, and having lts principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute i:lnd appoint Shawn Oqug,+as SµJl,i v9n il:.8 true and lawful atto1·ney(s)-in-fact, with foJl power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal; ~'ark Refrigeration, Jnc. Obligee: City of City of Moscow Amount: $500,000.00. and to bind the Company thereby as fully and to the same extent as if such bonds were Hibrned by the Senior Vice President, sealed with the corporate seal of the Company and duly atte.sted by its Secretary, hereby ratifying and confirmiag all that the ~aid attorney(s)-in-fact may do within the above stated limitationR. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remalm1 i11 full force and effect. "Section 7, All bonds, policies, undertakings, PoweJ"a of Attorney or other obligations of the ~orporation ~ha11 be executed in the corpor1::1te name of the Company by the .President, Secretary, any Assistant. Secretary, Trcasurc1', or any Vice Prei:;ident or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority t.o is.sue bond8, policies, or undertakings in the name of t.he Company. The corporate ~ea] is not necessary fo1· the validity or any bonds, policies, undertakingtt, Powers of Atto1·ney 01· other obligations of the corporation. The signature of any such officer and the corpora Ix.! seal may be printed by facBimile All authority hereby conferred shall expire and terminate. without notice, unless uRed before midnight of S'?pt~JJ~er- 1= 6th , 2 Q l_J _,hut until 8llch time shall be irrevocable and in fuJl force and effect. ln Witness \.Vhr.reor, Western Surety Company has caused these presents to be signed by it.a Vice President, Paul T Bn1flat, and its co1' pDra_L~·:lfc.~J. to ~e affixed this 18th day of _ , __J_Q_IJ.~ 2.9J.J STA1'E QF s9u.n.1 DAKOTA } . COUN'tY 01' MINNEH:AHA On this 18th day of Ju~-- , in the year 201.~ • , before me, a notaTy public, personalJy appeared Paul Brufiat, who b-Q111io; to me duly sworn, acknowledged that be signed the above Power of Attoriiey as the aforesaid officer of WES'J!E~~.\-'.!l,~U:.!ifl.Mf~,!'tY.e!?l!~~~l.',Uj'odgc ' occidenl) s NON-0\MlED $ - HIRED AUTOS AUTOS Medlc8t $ 5 000 x UMBREUA LIAB hrl OCCUR EACH OCCURRENCE s 1,000,000 - A EXCESS l lAB CLAIMS-MADE AGGREGATE $ 1.000,000 OED I x I RETENTION s 10 , 001 ~4CU467697-02 ~/1/2013 lz/1/2014 s B WORKl:RS COllPEN8AT1DN 1T~Jr~m~1 10.'lt AND EMPLOYERS' LIABILITY AAV PROPRIE:TORG..,uNEMX£GUTM! D H/A E L. EACH ACCIDENT $ 1 000 000 OFFICER/MEMBER EXOUJOED? 7/1/2012 7/1/2013 tr.tmnd1tory In 'NH) 5345157 E.L OlSEASE - EA EMPLOYEE $ 1 000 000 ~~~(RATIONS be""' E.L DISEASE - POLICY LIMIT S 1 000 000 c Employment Practices IPKSD801531 lz/1/2013 2/1/2014 EACH OCCURRENCE 1,000,000 Liability GENERAL AGGREGATE 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AtUich ACORD 101, Remerk1 8chedul1, tf more 1p1c:1 11 requl,.dt Proof of Insurance RE Project : Latah County Library Moscow Police Department HVAC Rooftop Replacement Proj•ct-2013 CERTIFICATE HOLDER CANCELLATION SHOULO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Moscow ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Clerk's Office PO Box 9203 AUTHORIZED ~EPR!SENTATIVE Moscow, ID 83843 Shawn Sullivan/CC ~ © 1988-2010 ACORD CORPORATION. AU rights reserved. ACORD 25 (2010/05) INR!n2R 1'01M.r.\ n1 ThA Ar.ORO nRmA Anti lnnn RrA r""lstered marks of ACORD FORK REFRIGERATION - CONTRACT DOCUMENTS Moscow POLICE DEPARTMENT HV AC PAGE40F7 ---PAGE BREAK--- June 7, 2013 ADDENDUM NO. 1 City of Moscow Project: MOSCOW POLICE DEPARTMENT HVAC ROOFTOP REPLACEMENT PROJECT - 2013 The following changes, additions, clarifications, and/or deletions are hereby made a part of the City of Moscow's Police Department HV AC Rooftop Replacement Project - 2013, as fully and completdy as ifthe same were entirely set forth in the Plans, Specifications, and Contract Documents. This addendum, as set forth herein, shall become an integral part of any contract entered into by and between the Owner and the Contractor. Invitation to Bid: Page thirty-three, Special Provisions, under heading of "SCOPE": ADD: The City is seeking to replace the existing HVAC system and equipment at the Police Department with a modem system in keeping with the size and current use of the building. The City is contemplating a system that is similar in production to the existing equipment that is now outmoded and beyond their designed service life. The intent of this project is to reduce the increasing maintenance and energy costs of the current units with modernized, standard manufactured packaged rooftop units. Bidders may provide alternative systems in keeping with the aforementioned paragraph, and as mentioned in the scope, bidders may provide alternatives for economizers, and/or high efficiency models. The above two paragraphs are officially added and incorporated and made part thereof the Project Scope. Receipt of ADDENDUM NO. 1 must be acknowledged. This document must be signed and attached to the bid to acknowledge its receipt: Fi1m Name of Bidder -~otliM? ~n1e2 Title FORK REFRIGERATION - CONTRACT DOCUMENTS Moscow POLICE DEPARTMENT HV AC Date PAGES OF7 ---PAGE BREAK--- June 7, 2013 ADDENDUM NO. 1 City of Moscow Project: MOSCOW POLICE DEPARTMENT HVAC ROOFTOP REPLACEMENT PROJECT - 2013 The following changes, additions, clarifications, and/or deletions are hereby made a part of the City of Moscow's Police Department HVAC Rooftop Replacement Project· 2013, as fully and completely as if the same were entirely set forth in the Plans, Specifications, and Contract Documents. This addendum, as· set forth herein, shall become an integral part of any contract entered into by and between the Owner and the Contractor. Invitation to Bid: Page thirty-three, Special Provisions, under heading of"SCOPE": ADD: The City is seeking to replace the exisLing HY A system and equipment at the Police Department with a modern system in keeping with the size and current use of the building. The ity is contemplating a system that is similar in production to the existing equipment that is now outmoded and beyond their designed service lifo. The intent of this project is to reduce the increasing maintenance and energy costs oflhe current units with modernized, standard manufaGtured packaged rooftop units. Bidders may provide alternative systems in keeping with the aforementioned paragraph, and a.q mentioned in the scope, bidders may provide alternatives for economizers, and/or high efficiency models. The above two paragraphs are officially added and incorporated and made part thereof the Project Scope. Receipt of ADDENDUM NO. 1 must be acknowledged. This document must be signed and attached to the bid to acknowledge its receipt: 1tZif//C < Title fORK REFRIGERATION - CONTRACT DOCUMENTS Moscow POLICE DEPARTMENT HY AC _[L_l 7-13 Dute PAGE60F7 ---PAGE BREAK--- June 12, 2013 ADDENDUM NO. 2 City of Moscow Project: MOSCOW POLICE DEPARTMENT HVAC ROOFfOP REPLACEMENT PROJECT - 2013 The following changes, additions, clarifications, and/or deletions are hereby made a part of the City of Moscow's Police Department HV AC Rooftop Replacement Project- 2013, as fully and completely as if the same were entirely set forth in the Plans, Specifications, and Contract Documents. This addendum, as set forth herein, shall become an integral part of any contract entered into by and between the Owner and the Contractor. Invitation to Bid: Page thirty-three, Special Provisions, under heading of"SCOPE": ADD: The HV AC units for installation at the Moscow Police Department shall be models that meet or exceeds the specifications of a Carrier Model 48TC (11.1 EER, 11.8 JEER). High efficiency models must meet or exceed the specifications of a Carrier Model 48HC (11.5 EER, 12 IEER). Contractor is to verify that any system proposed will not be over-pressurized, and if the need for a power exhaust system exists, said power exhaust system is included in the bid price. The above three paragraphs are officially added and incorporated and made part thereof the Project Scope. Receipt of ADDENDUM NO. 2 must be acknowledged. This document must be signed and attached to the bid to acknowledge its receipt: F11mNa~ej2~ ~of~ Title fORK REFRIGERATION - CONTRACT DOCUMENTS Moscow POLICE DEPARTMENT HV AC PAGE70F7 ---PAGE BREAK--- ACORD 0 CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 6/18/2013 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 ~2~~CT Cassandra Crossler American Insurance Agency ~~~NJB ~ (208)882-8544 I (200> 002-7336 203 E. 3rd Street ~~J~cc . [EMAIL REDACTED] INSURER($) AFFORDING COVERAGE NAIC # Moscow ID 83843 INSURER A :American Hallmark Ins Co-TX INSURED lNSURERB :State Insurance Fund Fork Refrigeration Inc. INSURER c :Philadelphia Indemni tv Ins Co phind PO Box 9364 INSURER D: INSURER E: Moscow ID 83843 INSURER F: COVERAGES CERTIFICATE NUMBER:2013-14 REVISION NUMBER: 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 IADOL ISUBR POLICY EFF POLICY EXP LIMITS LTR •uco 1 n.n POLICY NUMBER IMM/DD/VVYVI IMMIDDIYYYV\ GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -x COMMERCIAL GENERAL LIABILITY VHMA\;1:: I u REN I l::U PREMISES fEa occurmncel $ 100,000 A I CLAIMS-MADE OCCUR 44CL467696-02 12/1/2013 12/1/2014 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1 , 000,000 - GENERALAGGREGATE $ 2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 Xl POLICY n n LOG $ AUTOMOBILE LIABILITY COMBINED SINGLE UMIT 1 000 000 - IEa acclOenO $ A x ANY AUTO BODILY INJURY (Per person) $ - ALL OWNED - SCHEDULED 44CL467696-02 2/1/2013 2/1/2014 AUTOS AUTOS BODILY INJURY (Per accidenl) $ - - NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS IPer accldenl\ $ - - Medical pa·yment• $ 5 000 x UMBRELLA LIAB M OCCUR EACH OCCURRENCE $ 1,000,000 - A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 OED I x I RETENTION $ 10 'ooc 44CU467697-02 2/1/2013 2/1/2014 $ B WORKERS COMPENSATION l /c';~JT~T/i-s I 10~- AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D E,L, EACH ACCIDENT $ l_ 000 000 OFFICER/MEMBER EXCLUDED? N/A 7/1/2013 7/1/2014 (Mandatory in NH) 1534557 E.L. DISEASE - EA EMPLOYEE $ 1 000 000 'b'F1oPERATIONS below E.L DISEASE - POLICY LIMIT $ 1 000 000 c Employment Practices iE'HSD801531 2/1/2013 2/1/2014 EACH OCCURRENCE 1,000,000 Liability GENERALAGGREGATE 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Proof of Insurance RE Project: Moscow Police Department HVAC Rooftop Replacement Project-2013 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Moscow ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Clerk's Office PO Box 9203 AUTHORIZED REPRESENTATIVE Moscow, ID 83843 Shawn Sullivan/CC © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) INS025 (201005).01 The ACORD name and logo are registered marks of ACORD ---PAGE BREAK--- • f CNA 9/10/2013 9:27:31 AM PAGE 5/006 Fax Server ~Wf Western Surety Company PERFORMANCE BOND Dond Number: 71456574 KNOW ALL PERSONS BY THESE PRESENTS, That we F-:>rk F.efri geration, Inc. 9_ 3_ 6_4~ , _M_o s c .o_w~,_I_D 1 hereinafter referred to as the Principal, and Western Surety Company as Surety, are held and firmly bound unto w _ of PO Box 9203. Moscow, IC 83813-1703 , hereinafter referred to as the Obligee, in the sum of ':'hirty Thousc;.nd Seven Hundred Seventy-Nbe and 00/100 Dollars 3 o 7 7 9. o o for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated th~ day of _ ,for ~oocow Police Deportment HV5C Rooftop Rcplocc~cnt Project - 2013 NOW, THEREFORE, if the Principal shall faithfully perform such contract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and effect. ANY PROCEEDING, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. NO RIGHT OF ACTION shall accrue on this Bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. SIGNED, SEALED AND DATED this day of 2013 Fork Refrigeration, Inc . ' L . lLa:ll By (Seal) Western Surety Corrpany (Surety) By ~t91/:) SU:.I.IVAN Attorney-in-Ft Form F4597 ---PAGE BREAK--- ' I Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 7~1~4~5'-6 Know All Men By These Presents, that WESTER},) SURETY COMPANY, a corporation duly organized and existing under the law> of the State of South Dakota, and having its principal office in SiouK Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint S:-J:Jl.WN DOUGLAS SULLIVAN its true and lawful attorney(s)-in-fact, v.ith full power and authority hereby conferred, to execute, acknowledge and deliver for and on it> behalf as Surety, bond; for: Principal: For k Refr.:..gerati o n, Ir.c. Obligee: City o f Moscow Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby l'atifying and confirming all that the said attorney(s)-in-fact. may do within the above stated limitatiom. Said appointment i> made under and by authority ofthe following bylaw of Western Surety C·)mpany which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation be executed in t.hc corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corpor,,t.ion. 'J'hp, sign?.t.11rp, of,,ny •nch officm- "net t.hP. corpor,,t?. SP.Ill miiy he print.P.d hy fac•imilP.." All autho1ity hereby conferred shall eKpire and terminate, without notice, unless used before midnight of January 9 01 4 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Bruflat, and it• corporate s~l~~affixedthis 10th dayof Septembe r 2013 'at= ~T;A ( . ~ ~ ~ A • ~ ~ 41/ ~'J:.rrr,q it;;;(Jt:> ; w ~ - - - ? 'f.f. COUNfi•il On this 10th day of Dept em&e:; , iu Lhe year 2013 , befuni me, a uuLar·y vuulic, versuually apvearetl Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of \VESTERN' SURETY COMPANY and acknowledged said instrument to be the voluntary act and dee fsaidco Q a ·on- + 1 S. PETRIK i ~JO\NaTARY PUBUC/O\.t j~SOUTH DAKOTA~j .r .r '911.w-.1111to + My Commission Expires August 11, 2016 I the undcrEigned officer of Western Surety a cc-rporntion of the of South Dnkotn, do hereby certify that the attached Power of Attorney i• in full force and effect and is irrevocable, and &u-thermore, that Section 7 of the bylaws of the Company ru ~Pt. forth in th~ l'owP.r of AttornP.y i~ now in forcP.. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this September 2013 - - day of Form F5306-8-2012 ---PAGE BREAK--- CNA , ' 9/10/2013 9:27:31 AM PAGE 6/006 Fax Server ~ Western Surety Company PAYMENT BOND Bond Number: 7145 6574 KNOW ALL PERSONS BY THESE PRESENTS, That we Fork Rcfrige ntior., I nc. _P_O_R_o_x_ _ T_D R _ _ _ , hereinafter referred to as the Principal, and Wes tern Surety Conpa ny as Surety, are held and firmly bound unto _c_i_ t of_M_o s_c_.o_w _ of PO Box 9203 . Moscow , IC 83 813- 1 703 , hereinafter Thirty Thous a nd Se ven Hundred Seventy-Nine ilnd referred to as the Obligee, in the sum of _ Dollars($ 30 719. oo for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated day of _ , for Hoocow Police Dcpurt oent HVJ\C Roof t op Repla.cement Proj :::ct - 2 C13 copy of which contract is by reference made a part hereof. NOW, THEREFORE, if Principal shall, in accordance with applicable Statutes, make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety being waived, then this obligation to be void; otherwise to remain in full force and effect. No suit or action shall be commenced hereunder 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. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. SIGNED, SEALED AND DATED this 10th dayof_---"s~e=p~t'-=e=mb=·~e=r 2013 Fork Re fri ge rat ~ on, Inc . ---PAGE BREAK--- t I . . CNA 9/10/2013 9:27:31 AM PAGE 4/006 Fax Server Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. Know All Men By The;e Presents, that WESTERN SURETY COMP ANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents malT acknowledges said instrument to be the free act and deed of said corporation and that he has authority to sign said instrument without affixing the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal at Lewis n Ida~'lo , the day and year last Form 106-4-2000 ---PAGE BREAK--- ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 6/18/2013 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 Cassandra Crossler American Insurance Agency r4~~>N (208) 882-8544 I ft,. c208> 992-7336 203 E. 3rd Street ~ . [EMAIL REDACTED] INSURERISl AFFORDING COVERAGE NAIC# Moscow ID 83843 INSURERA :American Hallmark Ins Co-TX INSURED INSURERB:State Insurance Fund Fork Refrigeration Inc. INSURER c :Philadelphia Indemnitv Ins Co IPhind PO Box 9364 INSURERD : INSURER E: Moscow ID 83843 INSURERF : COVERAGES CERTIFICATE NUMBER:2013-14 REVISION NUMBER: 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 CONDIT!ONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE IADDL POLICYEFF ,~ID-Jiiv~fv, LIMITS LTR 1 POLICY NUMBER IMM/DO/YYYYI GENERAL LIABILITY EACH OCCURRENCE ~ $ 1 , 000 , 000 x COMMERCIAL GENERAL LIABILITY DAMAGE TO Kt:N 1 t:U PREMISES IEa occurrence\ $ 100,000 A I CLAIMS-MADE OCCUR :44CL467696-02 12/1/2013 12/1/2014 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 - GENERALAGGREGATE $ 2 , 000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 Xl POLICY n n LOC $ AUTOMOBILE LIABILITY fE~~~~;~l\SINGLE LIMIT - $ 1 . 000 000 A x ANY AUTO BODILY INJURY (Per person) $ - ALL OWNED - SCHEDULED 44CL467696-02 2/1/2013 2/1/2014 AUTOS AUTOS BODILY INJURY (Per accident) $ - - NON-OWNED rp~~~md~t~AMAGE HIRED AUTOS AUTOS $ - Medical oavmenls $ 5 000 x UMBRELLA LIAB 1-x-l OCCUR EACH OCCURRENCE $ 1,000,000 - A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 OED I x I RETENTION $ 10,00C 44CU467697-02 2/1/2013 2/1/2014 $ B WORKERS COMPENSATION I TV,X~.JT fff#;;: I IOJ~- AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A E.L. EACH ACCIDENT $ 1 000 000 OFFICER/MEMBER EXCLUDED? 534557 7/1/2013 7/1/2014 (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ 1 000 000 If describe under 0 OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1 000,000 c Employment Practices l?HSD801531 2/1/2013 2/1/2014 EACH OCCURRENCE 1,000,000 Liability GENERALAGGREGATE 1 , 000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Proof of Insurance RE Project: Latah County Library Moscow Police Department HVAC Rooftop Replacement Project-2013 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Moscow ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Clerk's Office PO Box 9203 AUTHORIZED REPRESENTATIVE Moscow, ID 83843 Shawn Sullivan/CC J © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) INS025 (201oosi.01 The ACORD name and logo are registered marks of ACORD