HomeMy WebLinkAboutPublic Works Construction Agreement with Ewing Company for WRRF Centrate EqualizationCONTRACT CHECKLIST
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PROJECT INFORMATION
Date: 8/4/2016
REQUESTING DEPARTMENT PW - ENGR
Project Name:
WRRF CENTRATE EQUALIZATION
Project Manager: Garrick Nelson
Contract Amount: $1,308,128
Contractor/Consultant/Design Engineer:
The Ewing Company/ Mountain Waterworks
Is this a change order? Yes ❑ No I] Change Order No.
II. BUDGET INFORMATION
(Project Manager to Complete)
III. Contract Type
Fund: 60
Budget Available (Purchasing attach report):
Department 3590
Yes 21 No ❑
Construction 0
GLAccount 96159
FY Budget: FY16
Task Order ❑
Project Number: 10050.0
Enhancement:. Yes ❑ No ❑
Professional Service ❑
Equipment ❑
Will the project cross fiscal years? Yes E1
No ❑
Grant ❑
IV. GRANT INFORMATION - to be completed only on Grant funded projects
Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded)
Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach
V. '
BASIS OF AWARD
BID
RFP / RFQ TASK ORDER
Award based on Low Bid
Highest Ranked Vendor Selected Master Agreement Category
(Bid Results Attached) Yes 0 No ❑
(Ratings Attached) Yes ❑ No ❑ Date MSA Roster Approved:
Typical Award Yes R] No ❑
If no please state circumstances and conclusion:
Date Award Posted: 7/22/2016
7 day protest period ends: August 1, 2016
VL
CONTRACTOR / CONSULTANT REQUIRED INFORMATION
PW License PWC -C-12003
Expiration Date: Corporation Status Goodstanding
Insurance Certificates Received (Date):
8/3/2016 Expiration Date: 4/1/2017 Rating: A+
Payment and Performance Bonds Received (Date):
8/3/2016 Rating: A++
Builders Risk Ins. Req'd: Yes ❑
No 121 If yes, has policy been purchased? N/A
(Only appllcabale for projects above $1,000,000)
Reason Consultant Selected ❑ 1 Performance on past projects
Check all that apply ❑ Quality of work ❑ On Budget
❑ On Time ❑ Accuracy of Construction Est
❑ 2 Qualified Personnel
❑ 3 Availability of personnel
❑ 4 Local of personnel
Description of negotiation process and fee evaluation:
VIII. AWARD INFORMATION
Date Submitted to Clerk for Agenda: August 4, 2016 Approval Date By:
Purchase Order No.: Date Issued: WI -15 submitted
(Only for PW Construction Projects)
INTP Date
Contract Request Checklist. 5.24.2016.FinaI
Memo
To: Jaycee Holman, City Clerk,
From: Keith Watts, Purchasing Manager
CC: Garrick Nelson
Date: 8/4/2016
Re: August 9t' City Council Meeting Agenda Item
The Purchasing Department respectfully requests that the following item be placed on the
August 9t" City Council Consent Agenda for Council's consideration.
Approval of Award of Bid and Agreement to The Ewing Company for the "WRRF
CENTRATE EQUALIZATION" project for a Not -To -Exceed amount of $1,308,128.00.
Recommended Council Action: Award of Bid and Approval of Agreement to
The Ewing Company for the Not -To -Exceed amount of $1,308,128.00.
Thank you for your consideration.
• Page 1
CE IDIAN*,�
I D A H O
Works Department
TO: Keith Watts
FROM: Garrick Nelson
Staff Engineer I
DATE: 7/27/2016
Mayor Tammy de Weerd
City Council Members+
Keith Bird
Joe Borton
Luke Cavener
Genesis Milam
Ty Palmer
Anne Little Roberts
SUBJECT: WASTEWATER RESOURCE RECOVERY FACILITY CENTRATE
EQUALIZATION PROJECT - CONSTRUCTION CONTRACT WITH
THE EWING COMPANY FOR $1,308,128.00.
I. DEPARTMENT CONTACT PERSONS
Garrick Nelson, Staff Engineer I 489-0358
Clint Dolsby, Asst. City Engineer 489-0341
Warren Stewart, City Engineer 489-0350
Tom Barry, PW Director 489-0372
II. DESCRIPTION
A. Back round
The Wastewater Resource Recovery Facility (WRRF) experiences large
fluctuations in flow on a daily basis. This highly variable flow pattern affects our
ability to process wastewater efficiently by destabilizing the nitrifying organism
population. The WRRF has an existing centrate tank, constructed in 2004, to help
stabilize this process. The centrate tank temporarily stores water that is removed
from the sludge that is very high in ammonia nitrogen. Storage and subsequent
return of the centrate during low flow can help mitigate the variable nitrogen load.
Unfortunately, nitrogen load -leveling is very difficult because the existing
centrate is pumped to the plant drain which can not bypass primary treatment.
Additionally, a single tank provides no process flexibility for routine inspection
and maintenance. In the preliminary engineering report completed by Mountain
Waterworks, it was determined that extensive corrosion has occurred in the
existing steel tank. Because of these conditions, the tank has reached the end of
its useful life.
Page I of 3
B. Proposed Project
This project would fund the construction of two new below grade concrete
centrate storage tanks with covers as well as modify the current centrate storage
facilities, pumps, plumbing and building to provide both capacity and flexibility,
and aide in leveling the nitrogen loading. Piping and controls within the existing
centrate pump station will be modified to allow pumping from the new centrate
tanks to the existing return activated sludge (RAS) pump station. The existing
centrate tank is controlled by a programmable logic controller (PLC) located at
digester #3. This configuration makes it difficult for operators to adjust the
controls to the centrate tank due to the large distance between the PLC and the
centrate facility. This project will include the installation and programming of a
new PLC located adjacent to the new centrate tanks. The new tank and PLC will
allow the WRRF to more precisely control centrate loading and assist in meeting
the new NPDES permit limits.
C. Describe Item
This project will utilize the existing centrate pump station for centrate return to
the RAS pump station. Centrate from the dewatering building will flow into the
new tanks by gravity utilizing new yard piping. The tanks will include covers for
future odor control provisions, liquid level monitoring, hydraulic mixing, and
automatic control valves.
III. IMPACT
A. Fiscal Impacts
Funding is available in the Centrate Equalization enhancement for this project.
The value of the construction contract with The Ewing Company is $1,308,128.
Project Costs;
Fiscal Year 2016 Account Code / Codes
Construction $1,308,128
Total Project Cost $1,308,128
Project Funding Available
Fiscal Year 2016 Account Code / Codes
Construction 3590-96159 $1,643,025
Funding Available $1,643,025
Page 2 of 3
B. Time Constraints
Approval of the construction contract in a timely manner will ensure the project
remains on schedule.
Departmental Approval: A/s-s
CP K.
Page 3 of 3
City Of Meridian
Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith - Unposted Transactions Included In
Report
3590 - WW Construction Projects
60 - Enterprise Fund
From 10/1/2015 Through 9/30/2016
Capital Outlay
96159 Centrate Basin Construction
10050 Centrate Treatment/Rehab
10050.b WRRF Centrate Tank
Modifications - Design
Total Capital Outlay
TOTAL EXPENDITURES
Percent of
Budget with Current Year Budget Budget
Amendments Actual Remaining Remaining
1,693,230.00
0.00
1,693,230.00
100.00%
0.00
106,975.00
(106,975.00)
0.001-.
1,693,230.00
106,975.00
1,586,255.00
93.68%
1,693,230.00
106,975.00
1,586,255.00
93.68%
Date: 8/4/16 06:37:32 AM Page: 1
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CONTRACT FOR PUBLIC WORKS CONSTRUCTION
WRRF CENTRATE EQUALIZATION
PROJECT # 10050.0
THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 9h day of
August, 2016, and entered into by and between the City of Meridian, a municipal
corporation organized under the laws of the State of Idaho, hereinafter referred to as
"CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and The Ewing Company,
Inc., hereinafter referred to as "CONTRACTOR", whose business address is 1500
Eldorado Suite 4 Boise ID 83704 and whose Public Works Contractor License # is
PWC -C-12003.
INTRODUCTION
Whereas, the City has a need for services involving WRRF CENTRATE
EQUALIZATION; and
WHEREAS, the Contractor is specially trained, experienced and competent
to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
1. Scope of Work:
1.1 CONTRACTOR shall perform and furnish to the City upon execution of this
Contract and receipt of the City's written notice to proceed, all services and work,
and comply in all respects, as specified in the document titled "Scope of Work" a
copy of which is attached hereto as Exhibit "A" and incorporated herein by this
reference, together with any amendments that may be agreed to in writing by the
parties.
1.2 All documents, drawings and written work product prepared or produced by
the Contractor under this Agreement, including without limitation electronic data
files, are the property of the Contractor; provided, however, the City shall have the
right to reproduce, publish and use all such work, or any part thereof, in any
manner and for any purposes whatsoever and to authorize others to do so. If any
such work is copyrightable, the Contractor may copyright the same, except that, as
to any work which is copyrighted by the Contractor, the City reserves a royalty -free,
non-exclusive, and irrevocable license to reproduce, publish and use such work, or
any part thereof, and to authorize others to do so.
1.3 The Contractor shall provide services and work under this Agreement
consistent with the requirements and standards established by applicable federal,
WRRF CENTRATE EQUALIZATION page 1 of 13
Project 10050.0
state and city laws, ordinances, regulations and resolutions. The Contractor
represents and warrants that it will perform its work in accordance with generally
accepted industry standards and practices for the profession or professions that
are used in performance of this Agreement and that are in effect at the time of
performance of this Agreement. Except for that representation and any
representations made or contained in any proposal submitted by the Contractor
and any reports or opinions prepared or issued as part of the work performed by
the Contractor under this Agreement, Contractor makes no other warranties, either
express or implied, as part of this Agreement.
1.4 Services and work provided by the Contractor at the City's request under this
Agreement will be performed in a timely manner in accordance with a Schedule of
Work, which the parties hereto shall agree to. The Schedule of Work may be
revised from time to time upon mutual written consent of the parties.
2. Consideration
2.1 The Contractor shall be compensated on a Not -To -Exceed basis as provided
in Exhibit B "Payment Schedule" attached hereto and by reference made a part
hereof for the Not -To -Exceed amount of $1,308,128.00.
2.2 The Contractor shall provide the City with a monthly statement and
supporting invoices, as the work warrants, of fees earned and costs incurred for
services provided during the billing period, which the City will pay within 30 days of
receipt of a correct invoice and approval by the City. The City will not withhold any
Federal or State income taxes or Social Security Tax from any payment made by
City to Contractor under the terms and conditions of this Agreement. Payment of
all taxes and other assessments on such sums is the sole responsibility of
Contractor.
2.3 Except as expressly provided in this Agreement, Contractor shall not be
entitled to receive from the City any additional consideration, compensation, salary,
wages, or other type of remuneration for services rendered under this Agreement
including, but not limited to, meals, lodging, transportation, drawings, renderings or
mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement
to consideration in the form of overtime, health insurance benefits, retirement
benefits, paid holidays or other paid leaves of absence of any type or kind
whatsoever.
3. Term:
3.1 This agreement shall become effective upon execution by both parties, and
shall expire upon (a) completion of the agreed upon work, (b) or unless sooner
terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some
other method or time of termination is listed in Exhibit A.
WRRF CENTRATE EQUALIZATION page 2 of 13
Project 10050.0
3.2 Should Contractor default in the performance of this Agreement or materially
breach any of its provisions, City, at City's option, may terminate this Agreement by
giving written notification to Contractor.
3.3 Should City fail to pay Contractor all or any part of the compensation set forth
in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's
option, may terminate this Agreement if the failure is not remedied by the City
within thirty (30) days from the date payment is due.
4. Liquidated Damages:
Substantial Completion shall be accomplished within 120 (one hundred twenty)
calendar days from Notice to Proceed. This project shall be considered
Substantially Complete when the Owner has full and unrestricted use and benefit
of the facilities, both from an operational and safety standpoint, and only minor
incidental work, corrections or repairs remain for the physical completion of the
total contract. Contractor shall be liable to the City for any delay beyond this time
period in the amount of $500.00 (five hundred dollars) per calendar day. Such
payment shall be construed to be liquidated damages by the Contractor in lieu of
any claim or damage because of such delay and not be construed as a penalty.
Upon receipt of a Notice to Proceed, the Contractor shall have 150 (one hundred
fifty) calendar days to complete the work as described herein. Contractor shall be
liable to the City for any delay beyond this time period in the amount of $500.00
(five hundred dollars) per calendar day. Such payment shall be construed to be
liquidated damages by the Contractor in lieu of any claim or damage because of
such delay and not be construed as a penalty. See Milestones listed in the
Payment Schedule for Substantial Completion.
5. Termination:
5.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails
to fulfill in a timely and proper manner its obligations under this Agreement, violates
any of the covenants, agreements, or stipulations of this Agreement, falsifies any
record or document required to be prepared under this agreement, engages in
fraud, dishonesty, or any other act of misconduct in the performance of this
contract, or if the City Council determines that termination of this Agreement is in
the best interest of CITY, the CITY shall thereupon have the right to terminate this
Agreement by giving written notice to CONTRACTOR of such termination and
specifying the effective date thereof at least fifteen (15) days before the effective
date of such termination. CONTRACTOR may terminate this agreement at any
time by giving at least sixty (60) days notice to CITY.
In the event of any termination of this Agreement, all finished or unfinished
documents, data, and reports prepared by CONTRACTOR under this Agreement
shall, at the option of the CITY, become its property, and CONTRACTOR shall be
entitled to receive just and equitable compensation for any work satisfactorily
complete hereunder.
WRRF CENTRATE EQUALIZATION page 3 of 13
Project 10050.0
5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to
the CITY for damages sustained by the CITY by virtue of any breach of this
Agreement by CONTRACTOR, and the CITY may withhold any payments to
CONTRACTOR for the purposes of set-off until such time as the exact amount of
damages due the CITY from CONTRACTOR is determined. This provision shall
survive the termination of this agreement and shall not relieve CONTRACTOR of
its liability to the CITY for damages.
6. Independent Contractor:
6.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as
an independent contractor, and neither CONTRACTOR nor any officer, employee
or agent of CONTRACTOR will be deemed an employee of CITY. Except as
expressly provided in Exhibit A, Contractor has no authority or responsibility to
exercise any rights or power vested in the City and therefore has no authority to
bind or incur any obligation on behalf of the City. The selection and designation of
the personnel of the CITY in the performance of this agreement shall be made by
the CITY.
6.2 Contractor, its agents, officers, and employees are and at all times during the
term of this Agreement shall represent and conduct themselves as independent
contractors and not as employees of the City.
6.3 Contractor shall determine the method, details and means of performing the
work and services to be provided by Contractor under this Agreement. Contractor
shall be responsible to City only for the requirements and results specified in this
Agreement and, except as expressly provided in this Agreement, shall not be
subjected to City's control with respect to the physical action or activities of
Contractor in fulfillment of this Agreement. If in the performance of this Agreement
any third persons are employed by Contractor, such persons shall be entirely and
exclusively under the direction and supervision and control of the Contractor.
7. Sub -Contractors:
Contractor shall require that all of its sub -contractors be licensed per State of Idaho
Statute # 54-1901
8. Removal of Unsatisfactory Employees:
The Contractor shall only furnish employees who are competent and skilled for work
under this contract. If, in the opinion of the City, an employee of the Contractor is
incompetent or disorderly, refuses to perform in accordance with the terms and
conditions of the contract, threatens or uses abusive language while on City
property, or is otherwise unsatisfactory, that employee shall be removed from all
work under this contract.
W RRF CENTRATE EQUALIZATION page 4 of 13
Project 10050.0
9. Indemnification and Insurance:
9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's
elected officials, officers, employees, agents, and volunteers from and for any and
all losses, claims, actions, judgments for damages, or injury to persons or property
and losses and expenses and other costs including litigation costs and attorney's
fees, arising out of, resulting from, or in connection with the performance of this
Agreement by the CONTRACTOR, its servants, agents, officers, employees,
guests, and business invitees, and not caused by or arising out of the tortious
conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically
agrees that it will maintain, throughout the term of this Agreement, liability
insurance in which the CITY shall be named an additional insured in the minimum
amounts as follow: General Liability One Million Dollars ($1,000,000) per incident
or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per
incident or occurrence and Workers' Compensation Insurance, in the statutory
limits as required by law.. The limits of insurance shall not be deemed a limitation
of the covenants to indemnify and save and hold harmless CITY; and if CITY
becomes liable for an amount in excess of the insurance limits, herein provided,
CONTRACTOR covenants and agrees to indemnify and save and hold harmless
CITY from and for all such losses, claims, actions, or judgments for damages or
injury to persons or property and other costs, including litigation costs and
attorneys' fees, arising out of, resulting from , or in connection with the
performance of this Agreement by the Contractor or Contractor's officers, employs,
agents, representatives or subcontractors and resulting in or attributable to
personal injury, death, or damage or destruction to tangible or intangible property,
including use of. CONTRACTOR shall provide CITY with a Certificate of
Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance
with the requirements of this paragraph and file such proof of insurance with the
CITY at least ten (10) days prior to the date Contractor begins performance of it's
obligations under this Agreement. In the event the insurance minimums are
changed, CONTRACTOR shall immediately submit proof of compliance with the
changed limits. Evidence of all insurance shall be submitted to the City Purchasing
Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue,
Meridian, Idaho 83642.
9.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating
of no less than A-.
9.3 Any deductibles, self-insured retention, or named insureds must be declared
in writing and approved by the City. At the option of the City, either: the insurer
shall reduce or eliminate such deductibles, self-insured retentions or named
insureds; or the Contractor shall provide a bond, cash or letter of credit
guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
9.4 To the extent of the indemnity in this contract, Contractor's Insurance
coverage shall be primary insurance regarding the City's elected officers, officials,
employees and volunteers. Any insurance or self-insurance maintained by the City
WRRF CENTRATE EQUALIZATION page 5 of 13
Project 10050.0
or the City's elected officers, officials, employees and volunteers shall be excess of
the Contractor's insurance and shall not contribute with Contractor's insurance
except as to the extent of City's negligence.
9.5 The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
9.6 All insurance coverages for subcontractors shall be subject to all of the
insurance and indemnity requirements stated herein.
9.7 The limits of insurance described herein shall not limit the liability of the
Contractor and Contractor's agents, representatives, employees or subcontractors.
10. Time is of the Essence:
The parties hereto acknowledge and agree that time is strictly of the essence with
respect to each and every term, condition and provision hereof, and that the failure
to timely perform any of the obligations hereunder shall constitute a breach of, and
a default under, this Agreement by the party so failing to perform.
11. Bonds:
Payment and Performance Bonds are required on all Public Works Improvement
Projects per the ISPWC and the City of Meridian Supplemental Specifications &
Drawings to the ISPWC, which by this reference are made a part hereof.
Contractor is required to furnish faithful performance and payment bonds in the
amount of 100% of the contract price issued by surety licensed to do business in
the State of Idaho. In the event that the contract is subsequently terminated for
failure to perform, the contractor and/or surety will be liable and assessed for any
and all costs for the re -procurement of the contract services.
12. Warranty:
All construction and equipment provided under this agreement shall be warranted
for 2 years from the date of the City of Meridian acceptance per the ISPWC and the
Meridian Supplemental Specifications & Drawings to the ISPWC and any
modifications, which by this reference are made a part hereof.
All items found to be defective during a warranty inspection and subsequently
corrected will require an additional two (2) year warranty from the date of City's
acceptance of the corrected work.
13. Changes:
The CITY may, from time to time, request changes in the Scope of Work to be
performed hereunder. Such changes, including any increase or decrease in the
amount of CONTRACTOR'S compensation, which are mutually agreed upon by and
WRRF CENTRATE EQUALIZATION page 6 of 13
Project 10050.0
between the CITY and CONTRACTOR, shall be incorporated in written
amendments which shall be executed with the same formalities as this Agreement.
14. Taxes:
The City of Meridian is exempt from Federal and State taxes and will execute the
required exemption certificates for items purchased and used by the City. Items
purchased by the City and used by a contractor are subject to Use Tax. All other
taxes are the responsibility of the Contractor and are to be included in the
Contractor's Bid pricing.
15. Meridian Stormwater Specifications:
All construction projects require either a Storm Water Pollution Prevention Plan
(SWPPP) or an erosion sediment control plan (SSCP) as specified in the City of
Meridian Construction Stormwater Management Program (CSWMP) manual. The
CSWMP manual containing the procedures and guidelines can be found at this
address: httr)://www.meridiancity.org/environmental.asox?id=13618.
Contractor shall retain all stormwater and erosion control documentation generated
on site during construction including the SWPPP manual, field inspections and
amendments. Prior to final acceptance of the job by the City the contractor shall
return the field SWPPP manual and field inspection documents to the City for
review. A completed Contractor Request to File Project N.O.T. with the EPA form
shall be provided to the City with the documents. These documents shall be
retained, reviewed and approved by the City prior to final acceptance of the project.
16. ACHD:
Contractor shall be responsible for coordinating with the City to obtain appropriate
ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs
due to Contractor's violation of any ACHD policy. City shall certify to ACHD that
Contractor is authorized to obtain a Temporary Highway and Right -of -Way Use
Permit from ACHD on City's behalf. The parties acknowledge and agree that the
scope of the agency granted by such certification is limited to, and conterminous
with, the term and scope of this Agreement.
17. Reports and Information:
17.1 At such times and in such forms as the CITY may require, there shall be
furnished to the CITY such statements, records, reports, data and information as
the CITY may request pertaining to matters covered by this Agreement.
17.2 Contractor shall maintain all writings, documents and records prepared or
compiled in connection with the performance of this Agreement for a minimum of
four (4) years from the termination or completion of this or Agreement. This
includes any handwriting, typewriting, printing, photo static, photographic and every
other means of recording upon any tangible thing, any form of communication or
WRRF CENTRATE EQUALIZATION page 7 of 13
Project 10050.0
representation including letters, words, pictures, sounds or symbols or any
combination thereof.
18. Audits and Inspections:
At any time during normal business hours and as often as the CITY may deem
necessary, there shall be made available to the CITY for examination all of
CONTRACTOR'S records with respect to all matters covered by this Agreement.
CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or
transcripts from such records, and to make audits of all contracts, invoices,
materials, payrolls, records of personnel, conditions of employment and other data
relating to all matters covered by this Agreement.
19. Publication, Reproduction and Use of Material:
No material produced in whole or in part under this Agreement shall be subject to
copyright in the United States or in any other country. The CITY shall have
unrestricted authority to publish, disclose and otherwise use, in whole or in part, any
reports, data or other materials prepared under this Agreement.
20. Equal Employment Opportunity:
In performing the work herein, Contractor agrees to comply with the provisions of
Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code
Section 2176. Specifically, the Contractor agrees not to discriminate against any
employee or applicant for employment because of race, color, religion, sex, national
origin, age, political affiliation, marital status, or handicap. Contractor will take
affirmative action during ,employment or training to insure that employees are
treated without regard to race, color, religion, sex, national origin, age, political
affiliation, marital status, or handicap. In performing the Work required herein,
CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or
local law, rule or regulation against any person on the basis of race, color, religion,
sex, national origin or ancestry, age or disability.
21. Employment of Bona Fide Idaho Residents:
Contractor must comply with Idaho State Statute 44-1002 which states that the
Contractor employ ninety-five percent (95%) bona fide Idaho residents.
22. Advice of Attorney:
Each party warrants and represents that in executing this Agreement. It has
received independent legal advice from its attorney's or the opportunity to seek such
advice.
23. Attorney Fees:
Should any litigation be commenced between the parties hereto concerning this
W RRF CENTRATE EQUALIZATION page 8 of 13
Project 10050.0
Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorneys' fees as determined by a
Court of competent jurisdiction. This provision shall be deemed to be a separate
contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
24. Construction and Severability:
If any part of this Agreement is held to be invalid or unenforceable, such holding will
not affect the validity or enforceability of any other part of this Agreement so long as
the remainder of the Agreement is reasonably capable of completion.
25. Waiver of Default:
Waiver of default by either party to this Agreement shall not be deemed to be waiver
of any subsequent default. Waiver or breach of any provision of this Agreement
shall not be deemed to be a waiver of any other or subsequent breach, and shall
not be construed to be a modification of the terms of this Agreement unless this
Agreement is modified as provided above.
26. Entire Agreement:
This Agreement contains the entire agreement of the parties and supersedes any
and all other agreements or understandings, oral of written, whether previous to the
execution hereof or contemporaneous herewith.
27. Assignment:
It is expressly agreed and understood by the parties hereto, that CONTRACTOR
shall not have the right to assign, transfer, hypothecate or sell any of its rights under
this Agreement except upon the prior express written consent of CITY.
28. Payment Request:
Payment requests shall be submitted to City of Meridian through the City's project
management software. The Project Manager will compare the invoice against the
Payment Schedule in the Agreement for compliance. Upon approval that the work
has been done and is in compliance with the Agreement, the Project Manager will
approve the pay request for processing. City of Meridian payment terms are Net 30
from the date City receives a correct invoice. Final payment will not be released
until the City has received a tax release from the Tax Commission.
29. Cleanup:
Contractor shall keep the worksite clean and free from debris. At completion of
work and prior to requesting final inspection, the Contractor shall remove all traces
of waste materials and debris resulting from the work. Final payment will not be
made if cleanup has not been performed.
W RRF CENTRATE EQUALIZATION page 9 of 13
Project 10050.0
30. Order of Precedence:
The order or precedence shall be the contract agreement, the Invitation for Bid
document, then the winning bidders submitted bid document.
31. Compliance with Laws:
In performing the scope of work required hereunder, CONTRACTOR shall comply
with all applicable laws, ordinances, and codes of Federal, State, and local
governments.
32. Applicable Law:
This Agreement shall be governed by and construed and enforced in accordance
with the laws of the State of Idaho, and the ordinances of the City of Meridian.
33. Notices:
Any and all notices required to be given by either of the parties hereto, unless
otherwise stated in this agreement, shall be in writing and be deemed
communicated when mailed in the United States mail, certified, return receipt
requested, addressed as follows:
CITY CONTRACTOR
City of Meridian The Ewing Company, Inc.
Purchasing Manager Attn: John R. Ewing, President
33 E Broadway Ave 1500 Eldorado, Suite 4
Meridian, ID 83642 Boise, ID 83704
208-489-0417 Phone: 208-377-1500
Email: bids@ewingcompany.com
Idaho Public Works License # - e -
Either party may change their address for the purpose of this paragraph by giving
written notice of such change to the other in the manner herein provided.
34. Approval Required:
This Agreement shall not become effective or binding until approved by the City of
Meridian.
CITY OF MERIDI THE EWING COMPANY, INC.
BY: °'� BY: S G
TAMMY de E RD, MAYOR aQov jOr-0 AUGus,�OHNEWING, PRESIDE
Dated:
IJ
WRRF CENTRATE EQUALIZATION
Project 10050.0
%,
City of n ,.
�" IOAHO
SEAL
"true
page 10 of 13
Approved by Council: AL) 6Lt q �" 1 V
Atte
JA CPE 6
HOLMAN, CITY CLERK
Purchasing Approval
BY:
KEITH WATTS, Purchasing Manager
Dated:: 81q /f
Project Manager
Garrick Nelson
W RRF CENTRATE EQUALIZATION page 11 of 13
Project 10050.0
EXHIBIT A
SCOPE OF WORK
REFER TO INVITATION TO BID PW -1645-10050.0
ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the
Invitation to Bid Package # PW -1645-10050.C, are by this reference
made a part hereof.
SPECIFICATIONS / SCOPE OF WORK
All construction work shall be done in accordance with the current version
of the Idaho Standards for Public Works Construction (ISPWC), the 2013
City of Meridian Supplemental Specifications to the ISPWC (and any
Addendums).
See separate attached documents:
• PLANS — CENTRATE EQUALIZATION PROJECT by
Mountain Waterworks dated 5-31-2016 (43 pages)
• SPECIAL PROVISIONS/TECHNICAL SPECIFICATIONS by
Mountain Waterworks dated 5-31-2016 (337 pages)
WRRF CENTRATE EQUALIZATION page 12 of 13
Project 10050.0
Exhibit B
MILESTONE / PAYMENT SCHEDULE
A. Total and complete compensation for this Agreement shall not exceed
1,308,128.00.
MILESTONE DATES/SCHEDULE
Milestone 1
Substantial Completion
120 Days from Notice to Proceed
Milestone 2
Final Completion
150 Days from Notice to Proceed
PRICING SCHEDULE
Contract includes furnishing all labor, materials, equipment, and incidentals as required for the
WRRF CENTRATE EQUALIZATION per IFB PW -1645-10050.0
NOT TO EXCEED CONTRACT TOTAL ....................... 1.308.128.00
Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any
additional increases or decreases in work requested by city. The City will pay the contractor based on
actual quantities of each item of work in accordance with the contract documents.
Contract Pricing Schedule
Item No. Description Quantity Unit Unit Price
1 Mobilization 1 LS $48,106.00
2 Dewatering 1 LS $7,828.00
3 Earthwork, Grading, and Finishing 1 LS $382,535.00
4 Yard Piping 1 LS $98,416.00
5 Centrate Equalization Tank Demolition 1 LS $29,367.00
6 Centrate Pump Station Modifications 1 LS $29,967.00
7 Centrate Equalization Basins and Valve Vault 1 LS $646,856.00
8 Electrical and Instrumentation 1 LS $58,121.00
9 Facility Startup and Demobilization 1 LS $6,932.00
10 Misc. Work Items Not Included Above 1 LS $0.00
WRRF CENTRATE EQUALIZATION page 13 of 13
Project 10050.0
CHUBB GROUP OF INSURANCE COMPANIES
Surety Department, 15 Mountain View Road, P.O. Box 1615, Warren, NJ 07061-1615
CHtJBB Phone: (908) 903-3485 • Facsimile: (908) 903-3656
Bond No. 82041229
AIA DOCUMENT A312TM - 2010
PERFORMANCE BOND
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR
(Name, legal status and address):
The Ewing Company, Inc.
1500 Eldorado, Suite 4
Boise, ID 83704
OWNER
(Name, legal status and address):
City of Meridian
33 East Broadway Ave., Suite 106
Meridian, ID 83642
SURETY (Name and principal place of business):
Federal Insurance Company
15 Mountain View Road
Warren, N.J. 07059
CONSTRUCTION CONTRACT
Date: August 9, 2016
Amount: ( $1,308,128.00 ) One Million Three Hundred Eight Thousand One Hundred Twenty Eight Dollars and 001100
Description (Name and location): WRRF Centrate Equalization
BOND
Date (Not earlier than Construction Contract Date): August 9, 2016
Amount: ( $1,308,128.00 ) One Million Three Hundred Eight Thousand One Hundred Twenty Eight Dollars and 00/100
Modifications to this Bond: 93 None ❑ See Section 16
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
The Ewing Company)"1c.
Signature: zr�� �
Name and Titl
SURETY
Company:
Federal Ing
Signature:
Attorney -in...,.,,
(Any additional signatures appear on the last page of this Performance Bond.)
(FOR INFORMATION ONLY— Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineerorotherparty):
PayneWest Insurance, Inc.
960 Broadway Avenue, Suite 100
Boise, ID 83706
208-424-2900
Printed in cooperation with the American Institute of Architects (AIA) by the Chubb Group of Insurance Companies. The language in this document
conforms to the language used in AIA Document A312Tu-2010.
Form 15.02 -0573 -FED (Ed. 7-10) 1
1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to
the Owner for the performance of the Construction Contract, which is incorporated herein by reference.
2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except
when applicable to participate in a conference as provided in Section 3.
3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after:
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such
notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's
performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's
notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees
otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the
Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the
Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default;
.2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the
Surety or to a contractor selected to perform the Construction Contract.
4 Failure on the part of the Owner to comply. with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition
precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice.
5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the
following actions:
5.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract;
5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors;
5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion
of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the
Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds
Issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance
of the Contract Price incurred by the Owner as a result of Contractor Default; or
5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the
circumstances:
.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the
amount is determined, make payment to the Owner; or
.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial.
6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on
this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its
obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as
provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the
Owner shall be entitled to enforce any remedy available to the Owner.
7 If the Surety elects to act under Section 5.1, 5.2 or 5.3,. then the responsibilities of the Surety to the Owner shall not be greater than
those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those
of the Owner under the Construction Contract. Subject to commitment by the Owner to pay the Balance of the Contract Price, the Surety is
obligated, without duplication, for
1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract;
.2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or
failure to act of the Surety under Section 5; and
.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed
performance or non-performance of the Contractor.
Printed in cooperation with the American Institute of Architects (AIA) by the Chubb Group of Insurance Companies, The language in this document
conforms to the language used in AIA Document A312 N• 2010.
Form 1W2.0573 -FED (Ed. 7-10)
8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond.
9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,
and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall
accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators successors and assigns.
10 The surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts,
purchase orders and other obligations.
11 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 a declaration of 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.
12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their
signature appears.
13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to
be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and
provisions conforming to such statutory or other legal requirements shall be deemed incorporated herein. When so furnished, the intent is
that this Bond shall be construed as a statutory bond and not as a common law bond.
14 DEFINITIONS
14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all
proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in
settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments
made to or on behalf of the Contractor under the Construction Contract.
14.2 Construction Contract: The agreement between the Owner and the Contractor identified on the cover page, including all Contract
Documents and changes made to the agreement and the Contract Documents,
14.3 Contractor Default: Failure of the Contractor, which has not been remedied nor waived, to perform or otherwise to comply with the
term of the Construction Contract.
14.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the
Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract.
14.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor.
15 If this Bond Is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to
be Subcontractor and the term Owner shall be deemed to be Contractor.
Printed in cooperation with the American Institute of Architects (AIA) by the Chubb Group of Insurance Companies. The language in this document
conforms to the language used in AiA DocumentA312-- 2010.
Form 1"2.0573 -FED (Ed. 7-10)
16 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Federal Insurance Company
Signature:
Name and Title:
Address:
Signature:
Name and Title:
Address:
Printed In cooperation with the American Institute or Architects (AIA) by the Chubb Group of Insurance Companies. The language in this document
conforms to the language used in AIA Document A392 nr- 2090.
Form 15.02.0573•FED (Ed. 7-10)
CHUBB GROUP OF INSURANCE COMPANIES
Surety Department, 15 Mountain View Road, P.O. Box 1615, Warren, NJ 07061-1615
CHUBB Phone: (908) 903-3485 • Facsimile: (908) 903-3656
Bond No. 82041229
AIA DOCUMENT A312TM - 2010
PAYMENT BOND
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR
(Name, legal status and address):
The Ewing Company, Inc.
1500 Eldorado, Suite 4
Boise, ID 83704
OWNER
(Name, legal status and address):
City of Meridian
33 East Broadway Ave., Suite 106
Meridian, ID 83642
CONSTRUCTION CONTRACT
Date: August 9, 2016
Amount: ( $1,308,128.00
Description (Name and location):
SURETY (Name, legal status and principal place of business):
Federal Insurance Company
15 Mountain View Road
Warren, N.J. 07059
One Million Three Hundred Eight Thousand One Hundred Twenty Eight Dollars and 00/100
WRRF Centrate Equalization
BOND
Date (Not earlier than Construction Contract Date): August 9, 2016
Amount: ( $1,308,128.00 ) One Million Three Hundred Eight Thousand One Hundred Twenty Eight Dollars and 00/100
Modifications to this Bond: None x See Section 18
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
The Ewing Company, Inc.
Signature: z t. �9
Name and Titlele�/', X / us !
SURETY
Company: t
Federal Insurance Company
Signature: /
Attorney -in -Fact Name: Brenda J. Smith
(Any additional signatures appear on the last page of this Payment Bond)
(FOR INFORMATION ONLY— Name, address and telephone)
AGENTor BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party):
PayneWest Insurance, Inc.
960 Broadway Avenue, Suite 100
Boise, ID 83706
208-424-2900
Printed in cooperation with the American Institute of Architects (AIA) by the Chubb Group of Insurance Companies. The language in this document
conforms to the language used in AIA Document A312 -- 2010.
Form 15.02.0574 -FED (Ed. 7-10) 1
I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of
the Construction Contract, which is incorporated herein by reference, subject to the following terms.
2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds
harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or
equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall
have no obligation under this Bond.
3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond
shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of
claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for
labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of
such claims, demands, liens or suits to the Contractor and the Surety.
4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense
defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit.
5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
5.1 Claimants, who do not have a direct contract with the Contractor,
.1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the
amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for
whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished
materials or equipment included in the Claim; and
.2 have sent a Claim to the Surety (at the address described in Section 13).
5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at
the address described in Section 13).
6 if a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to
satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1.
7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall
promptly and at the Surety's expense take the following actions:
7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating
the amounts that are undisputed and the basis for challenging any amounts that are disputed; and
7.2 Pay or arrange for payment of any undisputed amounts.
7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute
a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for
which the Surety and Claimant have reached agreement. if, however, the Surety fails to discharge its obligations under
Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs
thereafter to recover any sums found to be due and owing the Claimant.
Printed in cooperation with the American Institute of Architects (AIA) by the Chubb Group of Insurance Companies. The language in this document
conforms to the language used in AIA Document A312 7+- 2010.
Form 15 -02.0574 -FED (Ed. 7.10)
8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's
fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by
the Surety.
9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance
of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor
furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of
the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to
the Owner's priority to use the funds for the completion of the work.
10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated
to the Construction Contract, The Owner shall not be liable for the payment of any costs or expenses of any Claimant
under this Bond, and shall have under this Bond no obligations to make payments to, or give notice on behalf of,
Claimants or otherwise have any obligations to Claimants under this Bond.
11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obligations.
12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent
jurisdiction in the state in which the project that is subject of the Construction Contract is located or after the expiration of
one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on
which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone
under the Construction Contract, whichever of (1) or (2) first occurs. 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.
13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown
on the page which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient
compliance as of the date received.
14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the
construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be
deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed
incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a
common law bond.
15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and
Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made.
Printed In cooperation with the American Institute of Architects (AIA) by the Chubb Group of Insurance Companies. The language in this document
conforms to the language used in AIA Document A312 ru- 2010.
Form 15 -02.0574 -FED (Ed. 7-10)
` 16 DEFINITIONS
16.1 Claim. A written statement by the Claimant including at a minimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done, or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished
for use in the performance of the Construction Contract;
.4 a brief description of the labor, materials or equipment furnished;
.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in
the performance of the Construction Contract;
.6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the
Claim;
.7 the total amount of previous payments received by the Claimant; and,
.8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date
of the Claim.
16.2 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the
Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term
Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or
similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include
without limitation in the terms "labor, materials or equipment" that part of water, gas power, light, heat, oil gasoline,
telephone service or rental equipment used in the Construction Contract, architectural and engineering services required
for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a
mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished.
16.3 Construction Contract: The agreement between the Owner and the Contractor identified on the cover page,
including all Contract Documents and all changes made to the agreement and the Contract Documents.
16.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as
required under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
Printed in cooperation with the American Institute of Architects (AIA) by the Chubb Group of Insurance Companies. The language in this document
conforms to the language used in AIA Document A392 ru- 2090.
Form 15 -02 -0574 -FED (Ed. 7.10)
18 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
18.1 "Claim notices for FEDERAL INSURANCE COMPANY must be sent to the following address: Chubb Group of
Insurance Companies, 600 Independence Parkway, Chesapeake, Virginia 23327, Attention: Surety Support Team."
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTORS AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Federal Insurance Company
Signature:
Name and Title:
Address:
Signature:
Name and Title:
Address:
Printed in cooperation with the American Institute of Architects (AIA) by the Chubb Group of Insurance Companies, The language in this document
conforms to the language used in AIA Document A312"4- 2010.
Form 15.02.0574 -FED (Ed. 7-10)
POWER Federal Insurance Company Attn: Surety Department
Chubb OF Vigilant Insurance Company 15 Mountain View Road
Surety ATTORNEY Pacific Indemnity Company warren, NJ 07059
cHuee
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC
INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint
Brenda J. Smith
as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety
thereon or otherwise, the following Surety Bond:
Surety Bond Number 82041229
Obligee City of Meridian
And the execution of such bond or obligation by such Attorney- in- Fact in the Company's name and on its behalf as surety thereon or otherwise, under its corporate seal, in
pursuance of the authority hereby conferred shall, upon delivery thereof, be valid and binding upon the Company.
in Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested
these presents and affixed their corporate seals on this 1St day of March 2013.
Dawn M. Chloros, Assistant Secretary
STATE OF NEW JERSEY
County of Somerset ss.
/ Y
G �
Richard A. Ciullo, Vice President
On this 1St day of March 2013 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros, tome known to be Assistant Secretary of FEDERAL
INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the
said Dawn M. Chloros, being by me duly sworn, did depose and say that she Is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE
COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and
were thereto affixed by authority of the By- Laws of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and
that she is acquainted with Richard A. Ciulio, and knows him to be Vice President of said Companies; and that the signature of Richard A. Ciuilo, subscribed to said Power of
Attorney is in the genuine handwriting of Richard A. Ciulio, and was thereto subscribed by authority of said By- Laws and in deponent's presence.
mul,y
H,mu,,
Notarial 0\,.,hq�'�,,
Seal ��':' ss,�
= Ne:MY'=
WENDIE WALSH
Notary Public, State of New Jersey.
Pueuc ,'
No. 0064504
e
'" Neiv�s�y e
Expires April 18, 2018
Notary
Public
CERTIFICATION
Extract from the By- Laws of FEDERAL INSURANCE
COMPANY, VIGILANT INSURANCE COMPANY,
and PACIFIC INDEMNITY
COMPANY:
"All powers of attorney for and on behalf of the Company may and shall be executed In the name and on behalf of the Company, either by the Chairman or the
President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The
signature of such officers may be engraved, printed or lithographed, The signature of each of the following officers: Chairman, 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 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 upon the Company
with respect to any bond or undertaking to which it is attached."
I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies")
do hereby certify that
(1) the foregoing extract of the By- Laws of the Companies is true and correct,
((i) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are
authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in
American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and
(ill) the foregoing Power of Attorney Is true, correct and in full force and effect.
Given under my hand and seals of said Companies at Warren, NJ this 9th day of August, 2016 .
t1RAry LLNAN
CIC �L�pGFOd/ C` v
p b —*— ♦ ih
NP Yr i 1° ��` Citi f4
�t'DIA��M,
�`7s N EW Y0a
Dawn M. Chloros, Assistant Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,
PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: sure tyO chubb. com
Form 15-10- 01548- SurePath ( Rev. 03-13) CORP CONSENT
- EWINCOM-01 SMAI-IR
DATE (MMIDD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE
8/1/2016
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 CONTACT -------"`
_NAME.
Boise Office PHONE _. _
Pa neWest Insurance, Inc. (Arc No, Ell):(2 08) 424 2900 (Alp, No) (208) 424-2999
96 Broadway Avenue Suite 100 E-MAIL
-- -
ADDRESS:
Bosse, ID 83706-_-___—
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A; Cincinnati Insurance Companies10677
-. ----rt
INSURED INSURER 8, Idaho State Insurance Fund '36129
The Ewing Company, Inc. INSURER C:
1500 Eldorado, Suite 4 INSURER D:
Boise, ID 83704 INSURER E:
INSURER F:
COVERAGFR RFRTIFI('ATF AIIIIIARFR• oev�etn�, uunnoce.
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 ----__ .--------------- ------ ----ADD suaki--- -- -_--- - ----- POLICY EFF POLICY EXP -
LTR TYPEOFINSURANCE T --^-_I -- --_ - _--
INSO WV POLICY NUMBER (MIA/DDIYYYY) (MMIDDfYYYY) LIMITS
COMMERCIAL GENERAL LIABILITY
' X CO' �
i CLAIMS -MADE rTCC,LIR � X h �+rr iv���ro�s
� I � �"""'^
r I X �
� 1,^
104i0uc016
04(Oii2017
EACH OCCURRENCE
� i DAtvTA�(Ea ge D _
f- PR[MISES (Ea occurrenceL
$ 1,000,00 0
-- —
r^^ ^^^
MED EXP (Any one person)
I S 10,000
_
PERSONAL& ADV INJURY
$ 1,000,000
GENT AGGREGATE LIMIT APPLIES PER
I
( GENERAL AGGREGATE
$ 2,000,000
POLICY LOG
X J FR4 I X l
-
I PRODUCTS - COMPIOP AGG
- — --
S 2,000,000
OTHER ��
_— -_ -- -- ---- -
AUTOMOBILE LIABILITY
C.OA481P1ED SINGLE LIM 1
+
$
--
i
---
I I I
X I X X ICPP1093464
i
04/01/2015
L� �.— _
$ 1,000,000
E� -- �
ANI' AUTO
04/01/2017
BODILYINJURY(Perperson)
I`
ALL OWNED SCHEDULED
AUTOS I
BODILY INJURY (Per accident),
$
AUTOS
N014-OWNED
I HIREDAUTOS AUTOS !
PROPERTY DAWAGE —
(Peraccidenp_
— -
$
$
A
)(I
UMBRELLA LIAR
EXCESS OCCUR
CLAIMS -MADE
CPP1093464
I
04/01/2016'04/01/2017
EACH OCCURRENCE
AGGREGATE—
$ 6,000,000
$
-- � -- — -i
DED RETENTION$
�
------
-- — ---
S 6,000,00
B 'ANY
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
PROPRIETOR/PARTNER/EXECUTIVE Y�
OFFICER/MEMBER EXCLUDED? [
! N 1 A
591300 �
01101/2016101101/2017
PER 1 OTH-
STATUTE 1-_ ER
[E�1. ACH ACCIDENT
$ 500,000
J'
(Mandatory In NH)
E,L. DISEASE - EA EMPLOYEE;
S 500,000
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT i
—
S 500,00
EI
i
I
I
i
DESCRIPTION OF OPERATIONSI LOCATIONS I VEHICLES (ACORD 101, Additional Remarks So'bedule, may be attactred i(more space is required)
Project - WRRF Centrate Equalization.
vcr" lvlvr% VAI4k r -LLA I IU14
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Meridian THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Pruchasing Manager
ACCORDANCE WITH THE POLICY PROVISIONS.
33 E Broadway Ave.
Meridian, ID 83642 AUTHORIZED REPRESENTATIVE
(D'1988-21114 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014/01) The ACORD name and toga are registered inarits of ACORD tx)�
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGECOVERAGEFORM
This endorsement changes the policy effective on the inception date of the policy unless another date is indi-
cated below.
Endorsement Effective: Policy Number:
04-01-2016 CPA 104 34 64
Named Insured:
THE EWING COMPANY INC, JOHN EWING INDIVIDUALLY
Countersigned by:
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
SECTION II - LIABILITY COVERAGE, A. Cover-
age, I. Who is an Insured is amended to include
as an insured any person or organization with
which you have agreed in a valid written contract
to provide insurance as is afforded by this policy.
This provision is limited to the scope of the valid
written contract.
This provision does not apply unless the valid
written contract has been executed prior to the
"bodily injury" or "property damage
AA 4171 1105
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
This endorsement changes the policy effective on the inception date of the policy unless another date is indi-
cated below,
t_IIUVIJCi„CIILL`Ift-'LaIVd. r-.olf y Number:
04-01-2016 CPA 109 34 64
Named Insured:
THE EWING COMPANY INC, JOHN EWING INDIVIDUALLY
Countersigned by:
a,,,;,e provisions of the Coverage Form apply unless
modified by the endorsement.
1, Blanket Waiver of Subrogation
SECTION IV - BUSINESS AUTO CONDI-
TIONS, A. Loss Conditions, 5. Transfer of
Rights of Recovery Against Others to Us is
amended by the addition of the following:
We waive any right of recovery we may have
against any person or organization because
AA ai77 nn nQ
of payments we make for "bodily injury" or
"property damage" arising out of the operation
of a covered "auto" when you have assumed
liability for such "bodily injury" or "property
damage" under an "insured contract", pro-
vided the "bodily injury" or "property damage"
occurs subsequent to the execution of the "in-
sured contract'.
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
COMMERCIAL I,
-. FYI:.. i -
BROADENED ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Endorsement - Table of Contents:
Gc-Yvrauca, Beoing on Page:
1. Employee Benefit Liability Coverage................................................................................. ............. 2
( Inin4vniiMn�1 �µili�r� 1. f1, t r U_. A
f av Vt..vlV yv I Iazc!MC ..... ...... I ....... ..... ............................ v..,.., ......................... 7
5. Uamage to Premises Rented to You ............................ ..... .. . g
4. Supplementary Payments................................................................................................... 9
5. Medical Payments......................................................................................................................:......... 9
B. Voluntary Property Damage (Coverage a.) and Care, Custody or Control
Liability Coverage (Coverage b.),,, ............................ .................... .......................... 9
7. 180 Day Coverage for Newly Formed or Acquired Organizations..................................................10
S. Waiver of Subrogation .......... .......... ................................................................10
9. Automatic Additional Insured - Specified Refationshlps:..............................................................10
Managers or Lessors of Premises;
Lessor of Leased Equipment;
vcs,iuu�5,
State or Political Subdivisions - Permits Relating to Premises;
State or Political Subdivisions - hermits; and
Contractors' Operations
10, Broadened Contractual Liability - Work Within 50' of Railroad Property.........................................14
11. Property Damage to Borrowed Equipment....................................................................................... '14
12. Employees as Insureds - Specified Health Care Sarvices:............................................................14
Nurses;
Emergency Medical Technicians; and
Paramedics
13. Broadened Notice of Occurrence...............................................................................................:......14
B. Limits of insurance:
The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse-
ment, except as provided below:
1. Employee Benefit Liability Coverage
Each Employee Limit: $ 1,000,000.
Aggregate Limit: $ 3,000,000.
Deductible: $ 1,000
3. Damage to Premises Rented to You
iQUViIs; or
b. $500,000 unless otherwise stated
4. Supplementary Payments
a. Bail bonds: $ 1,000
m. 6v�a vl aai t rI1 tea. � JOU
S. Medical Payments
Medical Expense Limit: $ , 10,000
In®ludes.ce} yrighted material of Insurance
GA 233 02 07 Servress Office, Inc., with Its permission, Page 1 of 15
6. Voluntary property Damage (Coverage a.) and Care, Custody or Control Liability Coverage
(Coverage b.)
Limits of Insurance (Each Occurrence)
Coverage a, $1,000
Coverage b. $5,000 unless otherwise stated $
Deductibles (Each Occurrence)
Coverage a. $250
Coverage b. $250 unless otherwise stated $
COVERAGIw
PREMIUM IASIS
RATE
ADVANCE PREMIUM
Employee Benefit Liability Coverage
(a Area
(b Payroll
( For Limits in Excess of
(For Limits in Excess of
- COVERAGES: Employee Benefit
(C Gross vales
$5,000)
$5,000)
(1) Insuring Agreement
d Units
acts or services is covered
(a) We will pay those sums that
0 Other
the insured becomes legally
under Supplementary Pay -
D. ware, Custody
ments.
ages caused by any act, er- b
ror or omission of the in-
$
or Control
damages only If the act, er-
son for whose acts the in-
ror or omission, is negl}-
sured is legally !}able, to
AL. ANNUAL PREMIUM
which this insurance ap-
11. Property Damage to Sorrowed Equipment
Each Occurrence Limit: $ 10,000
Deductible: $ 250
C. coveraces:
have used up the ap-
Employee Benefit Liability Coverage
plicable1.
on limit of int of
ance in the payment of
a. The following is added to SECTION I
judgments or settle-
- COVERAGES: Employee Benefit
ments.
Liability Coverage,
No other obligation or liabil-
(1) Insuring Agreement
ity to pay sums or perform
acts or services is covered
(a) We will pay those sums that
unless explicitly provided for
the insured becomes legally
under Supplementary Pay -
obligated to pay as dam-
ments.
ages caused by any act, er- b
ror or omission of the in-
This Insurance applies to
sured, or of any other per-
damages only If the act, er-
son for whose acts the in-
ror or omission, is negl}-
sured is legally !}able, to
gently committed in the
which this insurance ap-
"administration" of your
We
plies. We will have the right
"em Io ee benefit pro -
p y
and to defend the in-
gram"; and
surod. anainst any "suit"
seeking 'those damages.
1) Occurs during the pol-
However, we will have no
icy period, or
duty to defend against any
2) Occurred prior to the
"suit' seeking damages to
effective data of this.
which this insurance does
endorsement provided:
not apply. We, may, at our
a=:
a) You did not have
knowledge of a
trl::ia?r..a, t. c11IU wdtwa' a'1.Iy
claim or "su}r' that may re-
claim or '"stmt' on
or before the ef-
s�,it. But,
fective date of this
endorsement,
1) The amount we will. pay
for damages Is limited
You will be
as descried in SEC -
deemed to have
TION Ill e t rRAr7'44 OV
knowledge of a
li�JSttAAPlE;and
claim or "suit,
whenany
2) Our right and duty to
defend ends
"authorized repre-
when we
sentative';
Includes copyrighted material of Insurance
GA 233 02 07 Services office, Inc., with its permission.
Page 2 of 16
I) Reports all, or
formance of investment
any part, of the
vehicles; or
act, error or
advertising Injury
omission to us
3) Advice given to any
or any other
person with respect to
Insurer;
that person's decision
fi) Receives a
to participate or not to
participate in anyIan
written or ver-
bal demand or
included in the '�em-
ployee benefit
claim for dam-
pro-
gram".
ages because
Act of 197,4, as now
of the act, er-
(f) Workers' Compensation
ror or omis-
and Similar Laws
sion; and
Criminal or Malicious Act
Any claim arising out of
b) There is no other
your failure to comply with
� p{irahlra lnsttr-
the mandatory provisions of
any workers' compensation,
(2) Exclusions
unemployment compensa-
tion insurance, socia! secu-
This insurance does not apply
rfty or disability benefits law
to:
or any similar law.
(a)
Bodily Injury, Property
Damage or Personal and
(9)
ERISA
advertising Injury
Damages for which any in -
sured is liable because of
"Bodily injury" "property
lia.bliity imposed on a €iduci-
ad rtes V" Ny J`�"Q' Ul"'
advertising injury".
ary by the Employee Re-
tirement Income Security
or
Act of 197,4, as now
(b)
Dishonest, Fraudulent,
hereafter amended, or by
Criminal or Malicious Act
any similar federal, state or
Damages arising out of any
local laws.
intentional, dishonest,
(h)
Available Benefits
fraudulent, criminal or mali-
cious act, error or omission,
Any claim for benefits to the
committed by any insured,
extent that such benefits
including thin willful ruck-
are available, with reason -
less violation of any statute.
st
able effort and cooperation
of the Insured, from the ap-
(c)
Failure to Perform a Con-
pilcable funds accrued or
tract.
other collectible insurance,
Damages arising out of fail-
(i)
Taxes, Fines or Penalties
ure of performance of con-
tract by any insurer,
Taxes, fines or penalties,
including those imposed
IAN
(s..f
.__-- s`j* � .. .
�avwrsiv�vip+sji g—yiy
under the internal Revenue
Code or any similar state or
Damages arising out of an
local law.
insufficiency of funds to
meet any obligations under
Employment -Related
any plan included in the
Practices
AempToyae benefit pr -o-
Any liability arising out of
any:
encs ai Inves[ment-r`;i�d-
(1) Refusal to employ;
Mace Given With Ipesnont
to participation
() Termination of em -
ployment;
Any claim basad upon:
(3) Coercion, demotion,
1) Failure of any invest-
evaluation, reassign-
ment to perrorm,
ment, discipline, defa-
mation. , harassment,
2) Errors in providing In-
humiliation, discrimina-
formation on past per-
tion or other employ -
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Ino., with its permission. page 3 of 15
ment-relatod practices,
acts or omisslons; or
(4) Consequential liability
as a result of (1), (2) or
(3) above.
This exclusion applies
whether the insured may be
held liable as an employer
or In any other capacity and
to any obligation to share
damages with or repay
someone else who must
pay damages because of
the injury.
(3) Supplementary Payments
t3LC 11 i0N i COVERAGES,
SUPPLEMENTARY PAY-
MENTS - COVERAGES A AND
B also apply to this Coverage,
b, Who is an Insured
As respects Employee Benefit Liabil-
ity Coverage, SECTION fl - WHO is
AN INSURES; is deleted in its en-
tirety and replaced by the following.-
(1)
ollowing:(1) If you are designated in the
Doclarafions as:
(a) An individual, you and your
spouse are insureds, but
only with respect to the
conduct of a business of
which you are the sole
owner,
(b) A partnership or joint ven-
ture, you are an insured.
Your members, your part-
ners, and their spouses are
also insureds but only with
respect to the conduct of
your business.
(c) A limited liability company,
you are an insured, Your
members are. also'fnsureds,
but only with respect to the
conduct of your business.
Your managers are in-
sureds, but only with re-
spect to their duties as your
rTlanaryarc_
:!:I ng4;rrrrrch:tn inint uAmf7r;2
or IImited IiabI* company,
r uu diw wi insured. Your
'executive officers" and df -
rectors are Insureds, but
only with respect to their
duties as your officers or di-
reotors, Your stockholders
are also Insureds, but only
with respect to their liability
as stockholders.
(e) A trust, you are an insured.
Your trustees are also in-
sureds, but only with re-
spect to their duties as
trustees.
(2) Each of the following is also an
insured;
(a) Each of your "employees"
who is or was authorized to
administer your "employee
benefit program".
(b) Any persons, organizations
or ,ormployees' having
proper temporary authori-
zation to administer your
"employee benefit program"
if you die, but only until your
legal representative is ap-
pointed.
(c) Your legal representative if
you die, but only with re -
to duties as such.
Thttt representative will
have all your rights and du-
ties under this Coverage
Part.
(3) Any organization you newly ac-
quire or form, other than a part-
nership, joint venture or limited
liability company, and over
which you maintain ownership
or majority interest, will qualify
as a Named Insured if no other
similar insurance applies to that
organization, However, cover-
age under this provision:
(a) Is afforded only until the
180th day after you acquire
or form the organization or
the and of the policy period,
whichever is earlier; and
(b) Does not apply to any act,
error or omission that was
committed before you ac-
quired- or formed the or-
ganization.
c. Limits of insurance
As respects Employee Benefit Llabil-
tiW'� SECTION III - LIMITS
..i33�1'IELi �S Ll�t�t83 In its Sri-
ureiy and replaced try the following:
(1) The Limits of Insurance shown
in Section B. Limits of Insur-
ance, 1, Employee Benefit Li-
ability Coverage and therules
below fix the most we will pay
roaz�:d.ass of the number of:
(a) Insureds;
Includes copyrighted material of Insurance
QA 233 02 07 Services Office, Inc., with its permission. Page 4 of 16
(b) Claims made or "suits"
(b) The deducUblo amount
brought;
stated in the Declarations
(c) Persons or organizations
applies to all damages
sustained by any one "em -
making claims or bringing#oyes",
"suits";
including such
employee's" dependents
(d) Acts, errors or omissions; or
and beneficiaries, because
of all acts, errors or omis-
(e) Benefits included in your
sions to which this #nsur-
"employee benefit pro-
ance applies.
gram".
(c) The terms of this insurance,
(2) The Aggregate Limit shown in
including those with respect
Section S. Limits of Insurance,
to:
1. Employee Benefit Liabilityty
Coverage of th#s endorsement
1) Our right and dui to
Is the most we will pay for all
defend the insured
damages because of acts, sr-
rors or omissions negligently
against any "suits"
seeking those dam -
committed In the "administra-
ages; and
tion" of your "employee benefit
2) Your duties, and the
program .
duties of any other in -
(3) Subject to the limit described in
volved insured, in the
(2) above, the Each Employee
event of an act, error or
Limit shown in Section B. Limits
omission, or claim,
of Insurance, 1. Employee
apply Irrespective of the
Benefit Liability Coverage of
this endorsement is the rnac;t wA
tton of the deductible
application
win pay Tor au aamages sus-
ount.
tained by any one "employee",
including damages
(d) We may pay any part or all
sustained by
of the deductible amount to
such "employee's" dependents
effect settlement of any
and beneficiaries, as a result of:
claim or "suit" and, upon
(a) An act, error or omission; or
notification of the action
taken, you shall promptly
(b) A series of related acts, er-
reimburse us for such part
rors or omissions, regard-
of the deductible amount as
less of the amount of time
we have paid,
that lapses between such
d„ Additional Conditions
acts, errors or omissions,
negligently committed in the
a n
dd
"administration""am-
As respects Employee Benefit Li-
i-
ability Coverage, SECTION IV -
a of your
mm#enelit
b
playee benefit program".
COMMERCIAL GENERAL LiABIL-
ITY CONDITIONS is amended as
However, the amount paid un-
follows:
der this endorsement shall not
exceed, and will be suhiArt fn
(1) Item 2, Duties in the Event of
the limits and restrictions that
Occurrence, Offense, Claire or
Suit is deleted in its entirety and
apply to the payment of benefits
reptaced by the following:
In any plan included in the em=
ployee benefit program".
2: Duties- In the Event of an Act, Error or
(4) Deductible Amount
Omission, or Cisme or Suit
e, voly, must see to it that we are not# -
had as soon as practicable of an act,
�=, -vf ar omission which may result in
a claim. To the extent possible, no -
amount of damages in ex-
floe should include:
cess of the -aeaucaaie
amount stated In the Decla-
(1) What the act, error or omission
rations as applicable to
was and when it occurred; and
Each Employee. The limits
of Insurance shalt not • ba
(2) The names and addresses of
.radui ,',d by lila amount of
anyone who may suffer dam -
this deductible,
ages as a result of the act, error
or omission.
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc„ with its permission. Page 6 of 15
b. If a claim Is made or "suit" is brought
against any insured, you must;
(1) Immediately record the specifics
of the claim or "suit" and the
data received; and
(2) Notify us as soon as practicable.
You must see to It that we receive
written notice of the claim or "suit" as
soon as practicable.
c. You and any other involved insured
must:
('i) Immediately send us copies of
any demands, notices, sum-
monses or legal papers re-
ouived in connection Wiu" the
claim or "suit";
(2) Authorize us to obtain records
and other information;
(3) Cooperate with us in the investi-
gation or settlement of the claim
or defense against the "suit",
and
W Assist #is, upon our reddest, in
the enforcement of any right
against any person or organiza-
tion which may be liable to the
Insured because of an act, error
or omission to which this Insur-
ance may also apply.
d3 No Insured will, except at that in-
sured's own cost, voluntarily make a
payment, assume any obligation, or
incur any expense without our con-
sent.
(2) Item 5. Other Insurance is de-
leted in its entirety and replaced
by the following:
5. Cather Insurance
if other valid and collectible
insurance is available to the
Insured for a loss we cover
under this Coverage Dart,
our obligations are limited
as follows;
a. Primary Insurance
ha14AF -nnn ieae
Insurance is primary,
..-- -
affUU11v truila 431 irui
affected unless any of
the other insurance Is
also primary. Then, we
will share with all that
other insurance by the
method described in b.
below.
b. Method of Sharing
If all of the other Insur-
ance permits contribu-
tion by equal shares,
we will follow this
method also. Under
this approach each in-
surer contributes equal
amounts until it has
paid its applicable limit
of insurance or none of
the loss remains,
whichever comes first.
If any of the other In-
surance does not per-
mit contribution by
equal shares, we will
contribute by limits.
Under this method,
each insurer's share is
based on the ratio of Its
applicable limit of In-
surance to the total ap-
plicable limits of insur-
ance of all Insurers.
c. No Coverage
This insurance shall not
cover any loss for
which the insured is
entitled to recovery un-
der any other insur-
ance in force previous
to the effective date of
this Coverage tart.
e. Additional definitions
As respects Employee Benefit l-
ability Coverage, SECTION V -
DEFINI'TIONS Is amended as fol-
lows;
('t) The following definitions are
added:
1. "Administration" means:
a. Providing information to
"empio ees", including
their dependents and
beneficiaries, with re-
spect to eligibility for or
scope of "employee
benefit programs';
err Interpreting the "em-
ployee benefit pro-
grams";
c. Handling records In
connection with the
"employse benefit pro-
grams"; or
d. Effecting, continuing or
terminating any "em-
ployee's" participation
includes copyrighted material of Insurance
OA 233 02 07 Services Office, Inc., with its permission, Page 6 of ^I5
GA 233 42 07
In any benefit included
benefits, workers' com-
in the "employee bene-
pensation and disability
fit program".
benefits; and
However, "administration"
d. Vacation pians, includ-
does not include;
ing buy and sell pro -
a. Handling payroll de-
grams; leave of ab-
sence in-
ductions; or
programs,
cluding military, mater -
b. The failure to effect or
nity, family, and civil
maintain any Insurance
leave; tuition assis-
or adequate limits of
tance plans; transpor-
coverage of insurance,
talion and health club
including but not limited
subsidies.
to unemployment in-
surance, social security
(2) The following definitions are
benefits; workers` corn-
deleted in their entirety and re -
placed by the following:
benefits, .'
21. "Suit" means a civil pro -
2. "Cafeteria plans" means
ceeding in which money
damages because of an
plan authorized by applica-
ble law to allow "employ-
act, error or omission to
ees" to elect to pay for oar-
which this insurance applies
taln benefits with pre-tax
are alleged. Suit includes;
dollars.
a. An arbitration pro -
3. "Employee benefit pro.
ceeding in which such
damages are claimed
erraPnc" enaanc a nrnesrssin
providing some or all of the
and to which the in -
following benefits to "em-
cured must submit or
does submit with our
ployees", whether provided
"cafeteria
consent;
through a plan" or
otherwise:
b. Any other alternative
a. Group life insurance;
dispute resolution pro -
ceeding in which such
group accident or
health insurance; den-
damages are claimed
tai, vision and hearing
and to which the In -
sured submits with our
plans; and flexible
spending accounts;
consent; or
provided that no one
c. An appeal of a civil
other than an "em-
proceeding,
ployee" may subscribe
to such benefits and
S. "Employes" means a per -
such benefits are made
son actively employed, for -
generally available to
merly employed,on leave
those "'employees" who
of absence or disabled, or
satisfy the nlan's Mini-
retired. "Employee" in-
bility requirements;
eludes a "leased worker".
b. Profit sharing plans,
"Employee" does not in -
clude a "temporary worker".
employee savings
plans, employee stock
2. Unintentional Failure to Disclose Haz-
ownership plans, pen-
Brits
cion plans and Gt1Vn
,V - COMMERCIAL GENERAL
!?`'tt CONDITIONS,. 7.' Represen-
-
wu�a� ii�an
rations is hereby amended by the addt-
an
ployee" may subscribe din-
tion of the following:
to such' beneilts and
such benefits are made
Based on our dependence upon your
hazards, if
generally available to
all "employees"
representations as to existing
unintentionally you should fail to disclose
who
all such hazards at the Inception date of
P
yourpolicy, we will not reject coverage.
under this Coverage Part based solely on
c. Unemployment insur-
such failure.
ance, social security
Includes copyrighted material of insurance
Services Office, inv., with its permission. Page 7 of 15
3; Damage to promises Dented to You
e) Settling, cracking,
a. The last Subparagraph of Paragra h
shrinking or ex-
t. SECTION I - COVERAGS,
pension; or
COVERAGE A. - BODiLY INJURY
f} Nesting or Infesta-
AND PROPERTY DAMAGE, 2. LI-
tion, or discharge
ABILITY Exclusions is hereby de-
or release of
feted and replaced by the following:
waste products or
Exclusions c. through q. do not apply
secretions, by in-
to damage by fire, explosion, light-
sects, birds, ro-
dents or other
ning, smoke or soot to premises
while rented to you or temporarily
animals.
occupied by you with permission of (b)
Loss caused directly or indi-
the owner.
roctly by any of the follow-
b. The insurance provided under SEC-
Ing'
TION I - COVERAGES, COVERAGE
1) Earthquake, volcanic
A. BODILY INJURY AND. PROP-
eruption, landslide or
ER:TY DAMAGE LIABILITY applies
any other earth move-
to "property damage" arising out of
ment;
water damage to promises that are
both rented to and occupied by you.
2) Water that backs up or
(1) As respects Water Damage Le-
overflows from a
sewer, drain or sump;
gal Liability, as provided in
Paragraph 3.b. above:
3) Water under the
The exclusions under SECTION
ground surface press-
Ing on, or flowing or
I - COVERAGES, COVERAGE
seeping through:
A. BODILY INJURY AND
PROPERTY DAMAGE LIABIL-
a) Foundations,
ITY, 2. Exclusions, other than i.
walls, floors or
War and the Nuclear Energy
paved surfaces;
Liability Exclusion, are deleted
and the following are added:
b) Basements,
whether paved or
This insurance Moes not apply
not; or
to:
C) Doors, windows or
(a) "Property damage":
other openings.
1) Assumed in any con- (c)
Loss caused by or resulting
tract; or
from water that leaks or
flows from plumbing, heat-
2) Loss caused by or re-
ing, air conditioning, or fire
suiting from any of the
protection systems caused
following:
by or resulting from freex-
a) Wear and tear;
Ing, unless:
I mist, uirroai0n,
1) You did your best to
maintain heat in the
fungus, decay,
deterioration, bid-
building or structure; or
don or latent de-
2) You drained the
fect or any quality
equipment and shut off
in property that
the water .supply If the
causes it to dam-
heat was not main-
- .._..
talned.
-' td)
'
Loss to or damage to:
c) Smog;
i) Plumbing, heating, air
d) Mechanical
conditioning, fire pro-
breakdown In-
tection systems, or
cluding rupture or
other equipment or ap-
bursting- caused
pliances; or
centrifugal
fo
fo rce;
2) The interior of arty
building or structure, or
to personal property in
the building or structure
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc., with its permission.
page 8 Of 15
caused by or resulting
from rami snow, sleet
or Ice, whether driven
by wind or not,
c. Limit of Insurance
The Damage to Premises Rented to
You Limit as shown in the Doclara-
tions is amended as follows: Paragraph (2) LIMITS F INSURANCE III is
hereby deleted and replaced by
the following:
o. Subject to S. above, the
Damage to Premises
Rooted to You Limit is' the
most we will pay under
COVERAGE A. BODILY
INJURY AND PROPERTY
DAMAGE LIABILITY, for
damages because of
"property damage" to
premises while rented to
ou or temporarily occupied
y you with permission of
the owner, arising out of
which this insurance ap-
plies.
(3) The amount we will pay is lim-
ited as described in Section B.
Limits of Insurance, 3. Dam-
age to Premises Rented to
You of this endorsement.
4. Supplementary Payments
Under SECTION I - COVERAGE, SUP-
PLEMENTARY PAYMENTS - COVER-
AGES A AND B:
a. Paragraph 2. is replaced by the fol-
lowing:
Up to the limit shown in Section B.
Limits of Insurance, 4.a. Sail Bonds
of this endorsement for cost of .bail
bonds required because of accidents
or traffic law violations arising out of
the use of any vehicle to which the
Bodily Injury Liability Coverage ap-
plies. We do not have to furnish
these bonds.
All reasonable expenses incurred by
ille insured kt, Ouf r6quest'to assist
us In the investigation or defense of
the claim or "suit", includinp. actual
loss of eamtngs up to the limit shown
in Section B. Limits of Insurance.
4-b. LOSS Ot Itaminets Of this. an-
aorsementper clay Decause of time
off from work.
5. Medical Payments
The Medical Expense Limit of Any One
Person as stated in the Declarations is
amended to the limit shown in Section S.
Limits of Insurance, 5. Medical Pay-
ments of this endorsement.
6. Voluntary Property Damage and Care,
Custody or Control Liability Coverage
a. Voluntary Property Damage Cov-
erage
We will pay for "property damage" to
property of others arising out of opp_
orations Incidental to the insured's
business when:
(1) Damage is caused by the in-
sured; or
(2) Damage occurs while in the in-
sured's possession,
With your consent, we will make
these payments regardless of fault.
b„ Care, Custody or Control Liability
Coverage
SEC TION I r COVERAGES, COV-
ERAGE A. BODILY INJURY AND
PROPERTY DAMAGE LIABILITY, 2.
Exclusions,. Damage to Property,
Subparagraphs (3), (4) and () do
not apply to "property damage" to
the property of others described
therein.
With respect to the insurance provided byy
this section of the endorsement, the fol,
lowing additional. provisions apply:
a, The Limits of Insurance shown in the
Declarations are replaced by the lim-
its designated in Section B. Limits of
Insurance, 6. Voluntary Property
Damage and Care, Custody or
Control Liability Coverage of this
endorsementwith respect to cover-
age provided by this endorsement.
These limits are Inclusive of and not
in addition to the limits being re-
placed. The Limits of Insurance
shown in Section B. Limits of Insur-
ance, 6. Voluntary Property Dam-
aRo and Care, Custody or Control
_-;timy Coverage of this endorse -
fix the most we will pay In any
01-10 "occurrence" regardless of the
number of:
(1) Insureds;
(2) Claims made or "suits" brought;
or
(3) Persons or organizations mak-
ing claims or bringing "suits",
Includes copyrighted material of Insurance
GA 233 02 07 Set -Vices Office, Inc., with its permission, (Page 9 of 15
b. Deductible Clause
(1) Our obligation to pay damages
on your behalf applies only to
the amount of damages for each
"occurrence" which are in ex-
cess of the deductible amount
stated in Section B. Limits of
insurance, 6. Voluntary Prop-
erty Damage and Gare, Cus-
tody or Control Liability Cov-
erage of this endorsement. The
limits of insurance will not be re-
duced by the application of such
deductible amount.
(2) Condition 2. duties in the Event
of Occurrence, Offense, Claim
or Suit, applies to each claire or
"suit" Irrespective of the amount.
(3) We may pay any part or all of
the deductible amount to effect
settlement of any claim or "suit"
and, upon notification of the ac-
tion taken, you shall promptly
reimburse us for such part of the
deductible amount as has been
paid by us.
7. 180 Day Coverage for Newly Formed or
Acquired Organizations
SECTION 11 - WHO IS AN INSURED is
amended as follows:
Subparagraph a. of Paragraph 4. is
hereby deleted and replaced by the fol-
lowing -
a. insurance under this provision is af-
forded only until the 180th day after
you acquire or form the organization
or the end of the policy period,
whichever Is earlier;
8. Waiver of Subrogation
SECTION iV - COMMERCIAL GENERAL
LIABILITY COND171ONS, 9. Transfer of
Rights of Recovery Against Others to
Us is hereby amended by the addition of
the following:
We waive any right of recovery we may
have because of payments we make for
injury or damage arsrng out of your on-
going operations or "your work" done un_
-nnri it'tcLtr3a_ ri :in tha `inrne ltrie rnm.,tcx►c R
operations hazard". However, our rights
iiidy unly ue wti1vt3a prior to -.the `occur-
rance" giving rise to the injury or damage
for which we make payment under this
Coverage Part. The insured must do
nothing after a toss to impair our rights,
Atour request, the insured will bring suit"
or transfer those rights'to us and help us
enforce those rights,
9. Automatic Additional Insured - Speci-
fied Relationships
a. The following is hereby added to
SECTION 11- WHO IS AN INSURED:
(1) Any, person or organization de-
scribed in Paragraph 9.6.(2)
below (hereinafter referred to as
additional insured) whom you
are required to add as an addi-
tional insured under this Cover-
age Part by reason of:
(a) A written contract or
agreement; or
(b) An oral agreement or con-
tract where a certificate of
I
nsurance showing that per-
son or organization as an
additional insured has been
Issued,
is an Insured, provided:
(a) The written or oral contract
or agreement is:
1) Currently in effect or
becomes effective
during the policy pe-
dod; and
2) Executed prior to an
"occurrence" Or to
to which this insurance
would apply; and
(b) They are not specifically
named as an additional in-
sured under any other pro-
vision of, or endorsement
added to, this Coverage
Part.
(2) Only the following persons or
organizations are additional in-
sureds under this endorsement,
and insurance coverage pro-
vided to such additional in-
sureds is limited as provided
herein:
(a) The manager or lessor of a
premises leased to you with
whom you have agreed per
Paragraph 9.a.(1) above to
,"- 9.Insuranoe, but only
_*TW5 5 respect to liability aris-
ing out of the ownership,
maintenance or use of that
part of a premises leased to
you: subject to the following
additional exclusions:
This insurance does not
apply to:
1) Any "occurrence"
which takes place after
includes copyrighted material of Insurance
GA 233 02 07 Services Office, lnc., with its permission. Page 10 of 15
you cease to be a ten-
ant In that promises.
2) Structural alterations,
new construction or
demolition operations
performed by or on be-
half of such additional
insured.
(b) Any person or organization
from which you lease
equipment with whom you
have agreed per Paragraph
9.a.(1) above to provide in-
surance. Such persons) or
or anlzafion(s) are insureds
solely with respect to their
i;a.rrlii � � iii �� �:.'t �`• iry
maintenance, operation or
use by you of equipment
leased to you by such per-
sons) or organizations(s).
However, this insurance
does not apply to any "oc-
currence" which takes place
after the equipment lease
expires.
(referred to below as ven-
dor) with whom you have
agreed per Paragraph
9.a.(1) above to provide in-
surance, but only with re-
spect to "bodily injury" or
"property damage" arising
out of "your products" which
are distributed or sold in the
regular course of the ven-
dor's business, subject to
the following additional ex-
clusions:
1) The insurance afforded
the vendor does not
apply to;
a) "Bodily injury" or
"C]ropertV clamnnnn"
for whiA the ven-
dor is obligated to
pay damages by
reason of the as-
sumption of liabil-
ity In a contract or
app"Y W iiaDliltY Tor
damages that the
.1Q,lacr
11 -fro 11d
have in the ab-
sence of the con-
tract or agree-
ment;
b) Any express war-
ranty unauthorized
by you;
Includes copyrighted material of insurance
GA 233 02 07 Services Office, Inc,, with Its permission.
c) Any physical or
chemical change
in the product
made Intentionally
by the vendor;
d) Repackaging, un-
less unpacked
solely for the pur-
pose of inspection,
demonstration,
testing, or the
substitution of
parts under in-
structons from the
manufacturer, and
then repackaged
in the original
container;
e) Any failure to
make such In-
spections, adjust-
ments, tests or
servicing as the
vendor has
agreed to make or
normally under-
takes to make in
the usual course
of business, In
connection with
the distribution or
sale of the prod-
ucts;
t) Domonstraf on, In-
stallation, servic-
ing or repair op-
eradons, except
such operations
performed at the
vendor's premises
in connection with
the sale of the
product;
g) Products which,
after distribution or
sale by you, have
been labeled or
relabeled or used
as a container,
part or ingredient
of any other thing
or substance by or
for the vendor.
2) This insurance does
not apply to any In-
sured person or or-
ganization:
a) From whom you
have acquired
such products, or
any ingredient,
part or container,
entering into, ac -
Page 11 sof 15
companying or
containing such
2) This insurance does
"bodily
products; or
not apply to in-
Jury", "property dam-
b) When liability In-
age" or "personal and
eluded within the
advertising injury" aris-
"products-
ing out of operations
completed opera-
performed for the state
tions hazard" has
or political subdivision.
been excluded
under this Cover.
(t) Any person or organization
age Part with re-
with which you have agreed
perParagraph 9.a.(1)
spect to such
products.
above to provide Insurance,
but only with respect to Ik
J
(�j An sista or political subdl-
ability arising out of "your
vision with which you have
work performed for that
agreed per Paragraph
additional insured b you or
9,a.(1) above to provide rn-
on your behalf. A peron or
surance, subject to the fol-
organization's status as an
owing additional provision:
Insured under this provision
of this endorsement contin-
This insurance applies only
ues for only the period of
with respect to the following
time required by the written
hazards for which the state
contract or agreement, but
or political subdivision has
In no event beyond the ex-
issued a permit in connec-
piration date of this Cover,
tion with premises you own,
age Part. If there is no
rent or control and to which
written contract or agree-
this insurance aptilias:
meat, or if no period of time
1} Tli® existence, mainte-
is required by the written
contract or agreement, a
nance, repair, con-
struction, erection, or
person or organization's
status as an insured under
removal of advertising
this endorsement ends
signs, awnings, cano-
Pies, collar entrances,
when your operations for
that insured are completed.
coal holes, driveways,
manholes, marquees,
(3) Any Insurance provided to an
hoist away openings,
additional insured designated
sidewalk vaults street
under Paragraph
banners, or decors-
tions and similar expo-
(a) Subparagraphs (e) and (f}
sures;or
does notapp y to 1 " bodily
injury" or "property damage"
2) The construction, erec-
included within the "prod-
tion, or removal of els-
ucts-completed operations
vators; or
hazard";
3) The ownership, main-
(b) Subparagraphs (a), (b), (d),
tenance, or use of any
and (f) does not apply to
'bodily
elevators covered by
injury", "property
this insurance.
damage" or "personal and
(e) An state or political subdi-
advertising injury" arising,
out of the sole negligence
visron with which you have
or willful miscondtf6l of the
agreed
agreed per Paragraph
... _ ..
.. .. additional insured or their
erTloyees" Or any
lowlnrl pro lslr rrs:
'tapreser#}altve of the,
additional' insured; or
1) This insurance annlies
(o) Subparagraph (f) does not
only with respect to op-
apply to "bodily injury",
orations performed by
"property damage" or "per-
yooru or on the your
ir h
sonal and advertising injury"
^state o
subdivision has
arising out of:
su1,44—1
ed a permit.
1) refects in design fur-
nished by or on behalf
CA 233 t)2 07 Services
copyrighted material of Insurance
Services Office, Inc., with its permission. Page 12 of 15
of the additional in-
spects any other insurance
sured; or
policy issued to the addi.
2) The rendering of, or
Vona! Insured, and such
other insurance policy shall
failure to render, any
professional architec-
be excess and / or noncon-
tural, engineering or
tributing, whichever applies,
with this insurance.
surveying services, in-
cluding:
(b) Any Insurance provided by
a) The preparin
this endorsement shall be
primary to other insurance
approving or fail-
Ing to or
available to the additional
prepare
insured except:
approve maps,
shop drawings,
1) As otherwise provided
opinions, reports,
In SECTION IV
surveys, field or-
COMMERCiAL GEN-
ders, change or-
ERAL LIABILITY
;IE}rw al: 4t Yin;=
CONDITIONS, 5. Other
specifications,
Insurance, b. Excess
aand nd
insurance; or
b) Supervisory, in-
2) For any other valid and
spection, archi-
collectible insurance
tectural or engi-
available to the addi-
neering activities.
tonal insured as an
3) "Your work" for which a
additional insured by
attachment of an en-
consolidated (wrap-up)
insurancs nroaram has
dorsement to another
been provided by the
Insurance policy that iu
primecontractor-project
written on an excess
basis. in SUCK case,
manager or owner of
m
the construction project
the coverage provided
` in which you are In-
under this endorse-
ment shall also be ex-
° volved
cess.
. Ib. Only with regard to insurance pro- (2)Oondifxon
vided to an additional Insured desig-
11. Conformance to
nated under Paragraph 9.a,(2 Sub-
Specific; Written Contract or
Agreement Is hereby added:
paragraph (f) above, SECTION Ill
LIMITS OF INSURANCE is
amended
11. Conformance to Specific
to include:
Written Contract. or
The limits applicable to the additional
Agreement
insured are those specified in the
With respect to additional
written contract or agreement or In
insureds described in Para-
the declarations of this Coverage
graph 9.a.(2)(o above only:
Part, whichever are less. If no limits
are specified in the written contract
If a written contract or
or agreement, or ii there is no written
agreement between you
contract or agreement, the limits ap-
and the additional insured
piicable to the additional Insured are
specifies that coverage for
those specified in the [declarations of
the additional insured:
this Coverage Part. The litnits of n-
surance are inclusive of and not in
a, p
BeI� r�rF�ded the fn-
to the limits of insurance
oe Services Of-
lice
lice additional insured
form number CG 20 14
Sm rig €€r rn _ Mr_Rr1At_ GPM
or CG 29 37 (where
ERAL LIABILITY COND171ONS is
edition specified); or
rlviravy CAI !IfiFttit)u'ttg full u; -
b, Include coverage for
(1) Condition 5. Other Insurance Is
completed operations;
amended to include:
or
fn1 r kanm t,! 3
c. include coverage for
contract or ngredment, this
your work";
insurance is primary and /
or noncontributory as re-
and where the Ilmits or cov-
erage provided to the add!-
Includes copyrighted material of Insurance
Cit 233 02 07 Services Office, Inc., with its permission.
page 13 of 16
tional insured Is more re-
strictive than was specifi-
cally required in that written
contract or agreement, the
terms of Paragraphs
9.a.(3)(b) or 9.b.
above, or any combination
thereof, shall be interpreted
as providing the limits or
coverage required by the
terms of the written contract
or agreement, but only to
the extent that such limits or
coverage is included within
the terms of the Coverage
Part to which this endorse-
ment is attached, if, how-
ever, the written contract or
agreement specifies the In-
surance Services Office
additional insured form
number CG 20 10 but does
not specify which edition, or
specifies an edition that
does not exist, Paragraphs
9.a.(3)(a) and 9..a.(3)(b) of
this endorsement shall not
apply and Paragraph 9.b. of
this endorsement shall ap-
ply.
10. Broadened Contractual Liability - Work
Within 50" of Railroad Property
It is hereby agreed that Paragraph f.(1) of
Definition 12. "Insured contract" (SEC-
TION V - DEFINITIONS) is deleted.
11. Property Damage to Borrowed Equip-
ment
a, The following Is hereby added to Ex-
clusion j. Damage to Property of
Paragraph 2.,. Exclusions of SEC-
TION I - COVERAGES, COVERAGE
A. 13ODILY INJURY AND PROP-
ERTY DAMAGE LIABILITY:
Paragraphs (3) and (4) of this exclu-
sion do not apply to tools or equip-
ment ioaned to you, provided they
are not being used to perform opera-
tions at the time of loss.
11. of this endorsement fix the
most we will pay in any one "oc-
currence" regardless of the
number of;
(a) Insureds;
(b) Claims made or "suits"
brought; or
(c) Persons or organizations
making claims or bring
"suits".
(2) Deductible Clause
(a) Our obligation to pay dam-
ages on your behalf applies
only to the amount of dam-
ages for each "occurrence"
which are in excess of the
Deductible amount stated in
Section B. Limits of Insur-
ance, 11. of this endorse-
ment. The limits of insur-
ance will not be reduced by
the application of such De-
ductible amount.
(b) Condition 2. Duties in the
Event of Occurrence, Of.
fense, Claim or Suit, ap-
plies to each claim or "suit
irrespective of the amount.
(c) We ma pay any part or all
of the deductible amount to
effect settlement of any
claim or "suit" and, upon
notification of the action
taken, you shall promptly
reimburse us for such part
of the deductible amount as
has been paid by us.
12. Employees as Insureds - Specified
Health Care Services
It Is hereby agreed that Paragraph
2.a.(1f)(d) of SEC11ON it - WHO iS AN
INSURE6, does not applyy to your "em-
ployees" who provide pUssional health
care services on your behalf as duly li-
censed:
b. With respect to the insurance pro- a. Nurses;
vided by tall section of the en-
dorsement, the following additional b. Emergency Medical Technicians; or
€ I arras orf es or rns�=taros mown :r the jurisdiction where an "occurrence"
fn the Declaratfons ars replaced or offense to which this insurance applies
by the limits cfesiammnel in Sot. takes place.
tion B. t.imilts of fin* s'- 11.
of this endorsoment with respect 13. Broadened Notice of Occurrence
to coverage provided by this
endorsement. These limits are Paragraph a. of Condition 2. Duties in
I r •�-' - --= a Occurrence
--vru.�ryv yr airu iFvc ttt �[�.t41iIjCil'1 (ti .try �r-.vv�ra yr , C?ff6rl88,
the limits being replaced. The Clalm or Suit (SECTION IV - COMMER-
Limits of insurance shown in CIAL GENERAL LIABILITY CONDI-
Section B. Limits of Insurance,
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc., with its permission. Page 14 of 15
TIONS) Is hereby deleted and replaced (2) The names and addresses of
by the following. any injured persons and wit -
a. You must see to It that we are noti- nesses; and
Pied as soon as practicable of an (3) The nature and location of any
"occurrence" or an offense which Injury ar damage arising out of
may result In a claim. To the extent the occurrence or offense.
possible, notice should include;
This requirement applies only when
(1) How, when and where the "oc- the "occurrence" or offense is known
currence" or offense took place; to an "authorized representative",
Includes copyrighted material of insurance
GA ?33 02 07 Services Office, Inc., with Its permission. Page 16 of 15
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Public Works Search S % Search Again Download Results Printable View
Company Name License Number Work Category(s) License Type License Class Status Applicant Name
The Ewing Co., Inc. PWC -C-12003 00001, 00002, 00003 1, 2, 3, 5 UNLIMITED ACTIVE The Ewing Co., Inc.
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Details - License Number: PWC -C-12003
Lic Info
Registration #:
PWC -C-12003
Issue:
7/7/2016
Expire:
7/31/2017
Type:
PUBLIC WORKS
Sub -Type:
UNLIMITED
Status:
ACTIVE
Company:
The Ewing Co., Inc.
Phone:
(208) 377-1500
Celt:
Pager:
Fax:
(208) 376-1481
Owner Name:
The Division of Building Safety, makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided forthe data herein, its use, or
its interpretation. Utilization of this website indicates understanding and acceptance of this statement.
1-800-955-3044, 1090 E Watertower St, Suite 150 Meridian ID 83642
NOME I CONTACT
1-,4tr�o•//«roi� r41— ir1c,h- -r/ATT? CIL,, RAil /7()1 F.
IDSOS Viewing Business Entity
Page I of 3
IDAHO ECRET RY OF STATE
`'i` Viewing Business Entity
' Lawerence Denney, Secretary of State
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[ Get a certificate of existence for EWING CO. INC. (THE) ]
[ Monitor EWING CO., INC. (THE) businessfilings ]
CO.,EWING
1500 EL DORADO STE 4
BOISE, ID 83704
Type of Business: CORPORATION, GENERAL BUSINESS
Status: GOODSTANDING 08 Oct 1982
State of Origin: IDAHO
Date of 08 Oct 1982
Origination/Authorization:
Current Registered Agent: JOHN R EWING
1500 EL DORADO
BOISE, ID 83704
Organizational ID / Filing C52206
Number:
Number of Authorized Stock 5000
Shares:
Date of Last Annual Report: 20 Aug 2015
Annual Report Due: Oct 2016
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Filed 08 Oct 1982 INCORPORATION View Image (PDF format)
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Amendment Filed 05 Sep OTHER -
1979 R/A
Amendment Filed 13 Dec ARTICLES
2012 RESTATEMENT
Amendment Filed 05 Feb ARTICLES
2013 RESTATEMENT
Report for year 2015 ANNUAL REPORT
Report for year 2014 ANNUAL REPORT
Report for year 2013 ANNUAL REPORT
Report for year 2012 ANNUAL REPORT
Report for year 2011 ANNUAL REPORT
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8/4/2016