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HomeMy WebLinkAboutIndependent Contractor Agreement with Ewing Company, Inc. for WWTP RV Dump ConstructionAGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES WWTP RV DUMP -CONSTRUCTION PROJECT # 10030c THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this 16th day of July, 2013, 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 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 C-12003-U- 1,2,3. INTRODUCTION Whereas, the City has a need for services involving WWTP RV DUMP - CONSTRUCTION; 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 Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement 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 Attachment "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 aroyalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. WWTP RV DUMP -CONSTRUCTION page i of 13 Project 10030c F:\PURCHASING\Bid's -Projects\2012-2013\WWTP RV Dump ConstructionWward\W WTP RV Dump Agreement - Ewing.doc 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, 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. Consideration 2.1 The Contractor shall becompensated on aNot-To-Exceed basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $394,017.74. 2.2 The Contractor shall provide the City with a monthly statement, 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. 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) October 30, 2013 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. W WTP RV DUMP -CONSTRUCTION page 2 of 13 Project 10030c P:\PURCHASING\Bid's-Projects\2012-2013\W WTP RV Dump ConstructioMAward\WWTP flV Dump Agreement - Ewing.doc 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 Attachment 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. 3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 21 (twenty-one) calendar days to provide all submittals and 90 (ninety) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond these time periods in the amount of one thousand dollars ($1,000.00) per calendar day per milestone. 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. 4. Termination: 4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations underthis 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. 4.2 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. W WTP RV DUMP -CONSTRUCTION page 3 of 13 Project 10030c F:\PURCHASING\Bid's -Projects\2012-2013\W WTP RV Dump ConstructionWward\WblTP RV Dump Agreement - Ewing.doc 5. Independent Contractor: 5.1 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 Attachment 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. 5.2 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. 5.3 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. 6. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY 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 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 W WTP RV DUMP -CONSTRUCTION page 4 of 13 Project 10030c F:\PURCHASING\Bid's -Projects\2012-2013\WWTP RV Dump ConstructionWward\WWTP RV Dump Agreement - Ewing.doc 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. 6.2 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. 6.3 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 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. 6.4 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. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. 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. Warranty: All construction and equipment provided under this agreement shall be warrantied for 2 (two) years from the date of final acceptance per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. W WTP RV DUMP -CONSTRUCTION page 5 of 13 Project 10030c F:\PURCHASING\Bid's -Projects\2012-2013\WWTP RV Dump Construction\Award\WWTP RV Dump Agreement- Ewing.doc 9. 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 Ewing Company, Inc. Purchasing Manager Attn: John R. Ewing 33 E Broadway Ave 1500 Eldorado, Suite 4 Meridian, ID 83642 Boise, ID 83704 208-888-4433 Phone: 208-377-1500 Email: bob.woodward@ewingcompany.com Idaho Public Works License #C 12003-U-1, 2, 3 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. 10. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this 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. 11. 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. 12. 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. 13. Discrimination Prohibited: 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. 14. Reports and Information: 14.1 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. W WTP RV DUMP -CONSTRUCTION page 6 of 13 Project 10030c F:\PURCHASING\Bid's-Projects\2012-2013\WWTP RV Dump ConstructionWward\WWTP RV Dump Agreement- Ewing.doc 14.2 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 representation including letters, words, pictures, sounds or symbols or any combination thereof. 15. 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. 16. 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. 17. 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. 18. 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 between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 19. 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. 20. 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. 21. 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. W WTP RV DUMP -CONSTRUCTION page 7 of 13 Project 10030c F:\PURCHASING18id's -Projects\2012-2013\W WTP RV Dump ConstructionWward\WWTP RV Dump Agreement - Ewing.doc 22. 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. 23. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 24. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition, the CITY will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall constitute a complete waiver of any and all claims for damages caused by any such release. 25. 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. 26. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN TAMMY d E RD, MAYOR ~_ Dated: ~ - ~ Approved by Council: Attest: `~~~c ~~ar--<;;; sr rG ~~ G~ ~It Ci AH 4' ~ ~`TE~~f she iRE~SUQ'4'~P~, EWING COMPANY, INC. ~` BY: ',~ ~,,,,.s JOHN,6t WING , /~ , T Dated: 1_~ ~. ~ y / ~ ~~~jl WWTP RV DUMP -CONSTRUCTION page 8 of 13 Project 10030c F:\PURCHASING\Bid's -Projects\2012-2013\WWTP RV Dump Construction\Award\WWTP RV Dump Agreement - Ewing.doc JAY L. HOLMAN, CITY CLERK Purchasing Approval BY: KEITH TTS, Purchasing anager Dated:: ~ ~ ~ r ~ Depa m nt Ap ro BY: WA EN STE A ,Engineering Manager Dated:: 7 /Z 2 / ! 3 WWTP RV DUMP -CONSTRUCTION page 9 of 13 Project 10030c F:IPURCHASINGIBid's - Projects12012-20131WWTP RV Dump ConstructionlAwardIWWTP RV Dump Agreement - Ewing.doc Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW-13-100030c ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW-13-100030c, are by this reference made a part hereof. W WTP RV DUMP -CONSTRUCTION page 10 of 13 Project 10030c F:\PURCHASING\Bid's -Projects\2012-2013\W WTP RV Dump Construction~Award\W WTP RV Dump Agreement- Ewing.doc Attachment B MILESTONE /PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $394,017.74. MILESTONE DATES/SCHEDULE Milestone 1 Submittals 21 (ninety) days from NTP Milestone 2 Final Completion 90 (ninety) days PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and inci dentals as required for the NAME OF PROJECT per IFB PW-13-101 CONTRACT TOTAL ....................... $394 017.74 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. [Bid Schedule Item No. Descri lion Quantit Unit Unit Price 201.4.1.8.1 Clearing and Grubbing 1 LS $5,387.95 201.4.1.F.1 Removal of Tree 9 EA $575.00 201.4.1. F.3 Removal and Replanting ofTree 10 EA $448.50 201.4.1.H.1 Remove Remaining Asphalt & Road Base 1,939 SY $4.49 202.4.1.D.1 Excavation 1 LS $30,109.3 202.4.S.A.1 Unsuitable Material Excavation 30 CY $28.75 202.4.S.C.1 Unsuitable Material Repair 30 CY $34.50 207.4.1.C.9 Biodetention Basin 1 LS $9,200.00 401.4.1.A.1 Water Main Pipe-8" 205 LF $51.75 W WTP RV DUMP -CONSTRUCTION page 11 of 13 Project10030c F:\PURCHASING\Bid's-Projects\2012-2013\WWTP RV Dump ConstructionWward\WWTP RV Dump Agreement- Ewing.doc porary Blow-off per City of Meridian Std. Detail 401.4.1.C.1 WZ 1 EA O $3,450.00 402.4.1.A.1 Valve -Size 6" Gate Valve 1 EA $2,415.00 402.4.1.A.1 Valve -Size 8" Gate Valve 2 EA $2,609.35 404.4.1.A.1 Water Service Connection (RV Station) 1 LS $5,555.65 404.4.1.8.1 Water Service Connection (Future Admin Bldg.) 1 LS $4,542.50 501.4.1. F.3 Gravity Sewer Pipe - 8" (Pressure Class) 78 LF $56.35 503.4.1.A.3 Service Line Clean-out-4" 1 EA $575.00 504.4.1.A.1 Sewer Service Line Size 4" 27 LF $56.35 604.4.1.C.1 Sewer Service Connection to Manhole 1 EA $2,875.00 504.4.1.D.1 Sewer Service Connection to Main -Size 4 inch 1 EA $2,012.50 703.4.1.A.1 Concrete (Cast-i n-Place) Class 40008 1405 SY $45.75 706.4.1.A.6 Standard 6" Vertical Curb and Gutter 282 LF $24.14 706.4.1.A.9 Concrete Ribbon Curb 1154 LF $12.08 802.4.1.E.1 Crushed Aggregate for Base, Type I 3,981 SY $3.83 802.4.1.E.1 Crushed Aggregate for Base, Type II 3,981 SY $16.99 810.4.1.A.3 Plant Mix Pavement (3" Thick) 2,576 SY $15.47 1102.4.1.E.1 Conduit, Size 4" 378 LF $9.03 1102.4.1.E.1 Conduit, Size 2" 96 LF $7.6 1103.4.1.A.1 Construction Traffic Control 1 LS $3,450.00 2010.4.1.A.1 Mobilization 1 LS $10,925.00 2030.4.1.A.1 Manhole, Adjust to Grade 1 EA $575.00 SP-2065.4.1.A.1 RV Dump Station 1 LS $11,928.95 W WTP RV DUMP -CONSTRUCTION page 12 of 13 Project 10030c F:\PURCRASING\Bid's-Projects\2072-2013\W WTP RV Dump Construclion\Award\WWTP RV Dump Agreement - Ewing.doc SP-2070.4.1.A.1 Security Camera 1 LS $2,530.00 '. SP-2075.4.1.A.1 Remove and Reset Sign 8 EA $346.96 SP-2080.4.1.A.1 Remove and Reset Security Gate 1 LS $9,941.75 SP-2086.4.1.A.1 Landscaping 1 LS $26,589.15 SP-2216.4.1.A.1 Stormwater Management 1 LS 5, 321.05 Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. W WTP RV DUMP -CONSTRUCTION page 13 of 13 Project 10030c F:\PURCHASING\Bid's -Projects\2012-2013\W WTP RV Dump Construction\Award\WblTP RV Dump Agreement- Ewing.doc Client#: 73460 EWINGCOM ACaRD.N CERTIFICATE OF LIABILITY INSURANCE DATE (MMmonvrv) 710912013 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: PayneWestlnsurance,lnc. PHONE FAX L ~ E`t' 2084242900 ac, No :2084242999 University Plaza E.M I ADDRESS: 960 Broadway Avenue, SNIfe 1OO ' INSURER(S)AFFORDING COVERAGE NAIC# Boise, ID 83706-3689 i i ti I nc nna nsurance Company wsuRER a: C q ~ INSURED INSURERe:ldaho State Insurance Fund The Ewing Company, InC. INSURER C: 1500 Eldorado, Suite 4 INSURER D: BOISe, ID 83704 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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. ILTR TYPE OF INSURANCE ADOL INSR SUBR WVD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY E%P MM/DD/YYYY LIMITS A GENERAL LIABILRY CPP1093464 04101!2013 04/011201 EACH OCCURRENCE $1 000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence 8500,000 CLAIMS-MADE OCCUR MEO EXP (Any one person) $10000 X PD Ded:2,500 PERSONALSADV INJURY $1,000,000 Form Attached` X X *GA233 02 07 GENERAL AGGREGATE 52,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $2,000,000 POLICY X PEO LOC S A AUT OMOBILE LIABILITY CPP1093464 04/01@013 04!011201 a°aaaceeotslNGLELIMIT 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY(Per accident) $ X HIRED AUTOS X NON-OWNED AUTOG PROPERTY DAMAGE Per accident $ /{ ~( UMBRELLALIAB X OCCUR CPP1093464 04/01/2013 04/01@01 EACH OCCURRENCE $5000000 EXCESS LIAB CLAIMS-MADE AGGREGATE $S 000 000 DEO ftETENTION$ $ B WORKERS COMPENSATION ANDEMPLOYERS' LIABILITY 591300 01101/2013 01!01/201 X WC STATU- OTH- E ANY PROPRIETOR)PARTNERIEXECUTIVE Y/N OFFICERMtEMBER E% L D9 O N EL EACH ACCIDENT ySOO OOO C UDE (Mantlatory in NH) IA EL DISEASE-EA EMPLOYEE §500,000 if yes, tlescribe antler DESCRIPTION OF OPERATIONS below E.L. DISEASE-POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (Attach ACORD 101, Atltllllanal Remarks Schedule, If more space is requiretl) Re: City of Meridian WWTP RV Dump -Construction, 3401 N Ten Mile Rd, Meridian, ID --Project #10030c Ciity of Meridan 33 E Braodway Ave, Suite 106 Meridian, ID 83642 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WRH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE wit. ~~ ACORD 25 (2010105) 1 of 1 #S941954/M894360 ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD LH1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ fT CAREFULLY. C®O~TRACT®RS' CC~NIMEFtCI~L GEfV~RAL i,1A131LITY BFiOA®ENE® EN®®RSEIIAI~NT This endorsement modifres insurance provided under the following: COMMERCIAL GENERAL LJABILITY COVERAGE PART A. Endorsement - Tabfe of Contents: Coveraae: 8eains on pane: 1. Employee Benefit Liability Coverage ................................................................... ...............................2 2. Unintentional Failure to Disclose Hazards ........................................................... ............................... 7 3. Damage to Premises Rented to You .................................................................... ............................... 8 4. Supplementary Payments .................................................................................... ............................... 9 5. Medical Payments ................................................................................................. 6, Voluntary Property Damage (Coverage a.j and Care, Custody or Control ..:............................ 9 Liability Coverage (Coverage b.) .......................................................................... 7. 180 Day Coverage for Newly Formed or Acquired Organizations ..................... ..................:............ 9 .............................10 8. Waiver of Subrogation .......................................................................................... .............................10 9. Automatic Additional Insured - Specified Relationshlps :................................... ............................. i0 Managers or Lessors of Premises; lessor of Leased Equipment; Vendors; State or Political Subdivisions -permits Relating to Premises; State or Political Subdivisions -permits; and Contractors' Operations 10, Broadened Contractoa{ Liabil(ty -Work Within 50' of Railroad Property ............ .............................14 11. Property Damage to Borrowed Equipment .......................................................... ............................. 14 12. Employees as Insureds -Specified Health Care Services :............................... .............................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 Benetit Liability Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000_ Deductible; $ 1,000 3. Damage io Premises Rented to You The lesser of: a. The Each Occurrence Limit shown in the Declarations; or b. $500,000 unless otherwise stated $ 4. Supplementary Payments a, Bail bonds: $ 1,000 b. Loss of earnings: $ 350 5. Medical Payments Medical Expense Llmit: $ , 10,006 . Inolpdes,~iyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page T of 15 6. Voluntary Property Damage (Coverage a.) and Care, Custody or Cohtrol Liability Coverage (Coverege b,) Limits of insurance (Each Occurrence) Coverage a. $1,000 Coverage b. $5,000 uhiess otherwise stated $ Deductibles (Each Occurrence) Coverage a. $250 Coverage b. $250 unless otherwise stated $ COVkRAGE PREMIUM BASIS RATE ADVANCE PREMIUM a Area b Payroll (For limits In Excess of (For Limits in Excess of c) Gross Sales $8,000) $5,000) Units e Other b. Care, Custody $ or Control OT AL ANNUA PREMIUM 11. Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 peductibls: ~ 250 C. Coverages; have used up the ap- 1. Emptoyeo Benetit Liability Coverage plicable limit of insur- once in the payment o6 a: The foAowing is added to SECTION I judgments or settle- - COVERAGES: Empioyee Benefit manta. Liability Coverage. No other obligation or liabll- (1) Insuring Agreement try 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- menu. ages caused by any act, er- ror or omission of the in- (b) This insurance applies to sured, or of any other per- damages only if the act, ar- son for whose acts the im ror or omission, is negli~ sured is iegafly liable, to gently committed in the " which this insurance ap- plies. We will have the right administration of your "employee bonefit pro- and duty to defend the in- gram ;and sured against 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" soaking damages to effective data of This which this insurance doss endorsement provided: not apply. We may, at our discretion, investigate any a You did not have ) report of an act, error or knowledge of a omission and settle any claim or "suit' on claim or "suit" that may re- or before the ef- sult. But: fective date of this endorsement, 1} The amount we will pay for dame es is limned You will bo as descried in SEC- deemed to have TION III -LIMITS OF knowledge of a INSURANCE; and claim ar "suA" when any 2j Our n'ght and duty to authorized repre- defend ends when we sentative'"; Includes copyrighted materiel of Insurance GA 233 02 07 Services OSice, Ina, with its permission. Page 2 of 15 Reports all, or tormance of Investment any part, of the vehicles; or act, error or omission to us 3) Advice given to any or any other person with respect tc Ensurer; that person's decision to participate or not to ii) Receives a participate In any plan written or ver- bal demand or included in the "gim- ptoyee benefit rc- clalm for dam- p gram'. a es because of the act, er- (f} Workers' Compensation ror or vmis- and Similar Laws slop; and Any claim arising out of b) There is no other your failure to comply with applicable insur- the mandatory provisions of ance. any workers' compensation, (2) Exclusions unemployment compensa- don insurance, socia! sscu- Thi s insurance does not apply city or disability benefits law or any similar taw to: . (a) Badily Injury, property Dama P l (g) ERtSA ge or ersona and Damages for which any in- Adverlising Injury sured is liable because of "f3odil in'u J ry', "property Y liability imposed on a fiduci- " dama~e or "personal and " ary by the Employee Re- tiremeht Income Security advertising injury . Act of 1974, as now or (b) Dishonest, Fraudulent, hareaftec amended, or by Criminal or AAalicious Act any similar federal, state or local laws. Damages arising out of any intentional, dishonest, h { ) Available Benefits Fraudulent, criminal or matt- cious act error or omission Any claim for benefits to the , , committed by any insured, including the willful or reek- extent that such benefits are available, with reason- less violation of any statute. able effort and cooperation of the insured, from the ap- (e) Failure to Perform a Con- plicable funds accrued or tract othercoilecdbleinsurance, Damages arising out of fall- {i) Taxes, Fines or Penalties uro of performance of con- tract by any insurer Taxes, fines or penalties, . Including those imposed (d} Insufficiency of Funds 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 l U~ Q self esent-Related any P an included in the employee benefit pro- gram". Any liability arising out of any: (e) Inadequacy of Perform- ance of Investment / Ad- {1) RetusaE to employ; vice Given With Respect (2) Termination of em- to Participation ployment; Any claim based upon: (3) Coercion, demotion, 1) Failure of any invest- evaluation, reassign- meet discipline defa- ment to perform;. , , mation, harassment, 2) Errors in providing in- humiliation, discdmina- fonnadon on past per- lion or other employ- Includes copyrighted material of Insurance GA 233 02 OZ Services Office, Inc., with its permission. page 3 of 15 ment-related practices, acts or omissions; 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 SECTION 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 Coveragge, SECTION ll -WHO IS AN INSURED is deleted in its en• tiraty and replaced by the following: (1) ff you are designated in the Declarations as: (a) An individual, you and your spouse are Insureds, but only with respect to the conduct of a business of which ycu are the sole owner. (b) A partnership or Joint vem lure, 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 insureds, but only with respect to the conduct of your business. Your managers are in- sureds, but only with re- spect to their dupes as your managers. (d) An organizatlon other than a partnership, joint venture or limited liability tympany, you are an insured. Your executive officers" and di- rectors. are insureds, but only with respect to their duties as your officers or di- rectors, Your stockholders are also ihsureds; but only wiih 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 "employees" having proper temporary authorf- zatlon to administer your "employee benefit program" if you die, but only un4"I your legal representative is ap• pointed. (c) Your legal representative if you die, but only with re• spect to duties as such. That representative will have all your rights and du- ties under this Coverage Part. (3) Any organizatlon you newly ac- quire or form, other than a part~ Warship, joint venture or limited liability company, and over which you maintain ownership or ma)onty interest, will qualify as a Named Insured if no other similar insurance applies to that organization. However, cover- age under this provision: (a) (s afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and (b) Does not apply to any act, ercor or omission that was committed before you ac- quired or formed the or- ganization. c. Limits of Insurance As respects Emptoyse Benefit Liabil- ity Coverage, SECTION lIt -LIMITS OF INSURANCE is deleted in its en- tirety and replaced by the following: (1) The Limits of Insurance shown Ih Section B. Limits of Insur- ance, i. Employee Benefit LI- abilily Coverage and the rules below fix the most we will pay regardless of the number o(: (a) Insureds; Includes copyrfghted material of insurance GA 233 02 D7 Services pffice, Inc., with its permission. Page 4 of 15 (b) Claims made or "suits" (b) The deductible amount brought; stated in the Declarations (c) Persons or organizations making claims or brin in applies to ail damages sustained by any one "em" g g "suits'; ~foyee", including such ' " employee s dependents (d} Acts, errors or omissions; or and beneficiaries, because (e) Benefits included in your of all acts, errors oc omis- lions to which this insur- "emplbyee benefit pro- " ance applies. gram . (c) The terms of this Insurance {2) Tha Aggregate Limit shown fn , including those with respect Section B. Limits of Insurance, to: 1. Employee Benefit Liability Coverage of this endorsement y Our ri ht and du ) ty to is the most we will pay for alt defend the Insured damages because of acts er- against any "suits" rors or omissions negligently seeking those dam- committed ih the "administra- ages; and lion" of dour "employee benefit 2) Your duties and the program . , duties of any other in- {3) Subject to the limit described in votved insured, in the (2) above, the Each Employee Limit sfrown in Section B. Limiis event of an act, error or omission, or claim, of Insurance, 1. Employee Benefit Liability Coverage of appl irres active of the c o this endorsement is the most we appli alion f the deductible will pa for all damages sus- amount. tairied by any one "employee", Including damages sustained by (d) We may pay any part or ail of the deductible amount to such employee's" dependents effect settlement of any and bane iciarlas, as a result of: clam or "suit" and, upon {e) An act, error or omission; or notification of the action taken, you shall promptly (b) A series of related acts, ar- reimburse us for such part rors or omissions, regard, of the deductible amount as less of the amount of time wa have paid. that lapses between such acts, enors oromissions, d, Additional Conditfans negligently committed In the "a l tr fi " ' As respects Employee 8enafit Li- ability Coverage, SECTION IV - mtn s a on of your em- ployea bonefit program". COMMERCIAL GENEflAL IJABIL- - ITY CONDITIONS is amended as However, the amount paid un- follows: der this endorsement shall. not exceed, and will be subject to (1) Item 2. Duties in the Event of the limits and restrictions that Occurrence, Offense, Claim or apply to the payment Df benefits Suit is deleted in its enfirety and in any plan included in the "am- replaced by the following: ployee benefit program". 2. Duties in the Event of an Act, Error or (4) Deduciibte Amount Omission, or Claim or Suit (a) Our obifgation to pay dam- a. You must sae to it that we are nofi- fled as soon as practicable of an act ages on behalf of the In- lured applies only to the , error or omission which may result in amount of damages in ex- a claim. To the extent possible, no- case of the deductible lice should include: amount stated !n the Decla- (7) What the act, error or omission rations as applicable to Each Employee. The limits was and when it occurred; and of insurance shall not be (2) The names and addresses of reduced by the amount of anyone who may suffer dam- this deductible. ages as a result of the act, error or omission. Includes copyrighted malarial of Insurance r3A 233 02 07 Services Office, Ihc„ with its permission. Page 5 of 15 b. II 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 date received; and (2) Notify us as soon as practicable. You must see to it that we recaivo written notice of the claim or "suit" as soon as practicable. c. You and ahy otlier Involved insured must; (1} Immediately send us copies of any demands, notices, sum- monses or legal papers re- ceived in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooporate with us in the investi- gation or settlement of the claim or defense against the "suit'; and (~} Assist us, upon our request, in the onforcement 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• ante may also apply. d. No Insured will, except. at that in- sured's own cost, voluntarily make a payment, assume any obligation, or incur any expense wEihout cur con- sent. (2} Item 5. Other Insurance Is de- leted (n its entirety and replaced by the following: 5. Other Insurance If other valid and collectible insurance is available to the Insured for a foss we Dover under this Coverage part, our obligations era limited as follows: a. Primary Insurance This insurance is pri- mary except when c. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with ail 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 iE has paid its applicable limit of insurance or none of the loss remains, whichever comas first. If any of the other in- surance does no# per- mit contribution by equal shares, we will contribute by limits. Under this method, oach insurer's share is based on the ratio of its applicable Ifmit of In- surance to the total ap- plicable limits of insur- ance of all insurers. c. Na Coverage This insurance shalt 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 Part e. Additional Definitions As respects Employee Benefit U- ability Coverage, SECTION V - DEFINITIONS is amended as fol- lows: (1} The following definitions are added: 1. 'Administration" means: a. Providing information to "employees", including their dependents and beneficiaries, with re- sped to eligibility for or scope of "employee benefit programs'; b. interpreting the "em- ployee benefit pro- grams"; c. Handling records in connecton with the "employee 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 ti of 15 GA 233 02 O7 In eny benefit included benefits, workers' tom- in the "employee bens- fit " pensadon and disability program . benefits; and However, "administration" d. Vacation plans, includ- does not include: ing buy and soil pro- a. Handling payroll de- grams; leave of ab- ductions;or sence programs, in- cludingg mil itary, mater- b. The failure to effect or iy fa a u n s st' maintain any Insurance le ve t (tion as i or adequate limits of ap a d ub af hsc coverage o1 insurance, C on n Fie t l including but not limited subsidies. to unemployment in- surance, social security (2) The following definRions are benefits, workers' tom- deleted In their entirety and re- placed by the following: pensatioh and disability benefits. 21. "Suit" means a civil pro- 2. "Cafeteria plans" means cseding in which money damages because of an pplan authorized by applica- ble few to allow "employ- act, error or omission to ees" to elect to pay for ter- which this Insurance applies are alleged "Suit" includes; fain benefits with pre-tax . dollars. a. An arbltraUon pro- 3. "Employee benefit pro• " caeding in which such damages are claimed grams means a program providing some or aA of the and to which the in- following benefits to 'em- " sated must submit or does submit with our playaes , whether provided " " consent; through a cafeteria plan or othenvlse: b. any other aitemative a. Grcup 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- eared submits with our plans; and flexible spending accounts; consent; or provided that no one c. An appeal of a civil other than art "em- " proceeding. ployee may subscribe to such benefits and 8. "Employee" means a per• such benefits are made son actively employed, For- l l generally available to th s " l " h mer y emp oyed, on leave of absence or dis bl d o e emp oyees w o a e , or satisfy the plan's eligi- setired. "Employee" in- bility requirements; cludes a "leased worker". b. Profit sharing plans, "Employee" does not in- clads a "temporary worker". employee savings plans, employee stock 2. Unintentional Pailure to Disclose Haz- ownership plans, pen- ards lion plans and stock subscription plans SECTION iV -COMMERCIAL GENERAL , provided that no one LIA6ILITY CONDITIONS, 7. Re resen- e other than an "em- tattoos is hereby amended by th addi- ployee" may subscribe lion of the followin 9' o such benefits and such benefits are made Based on our dependence upon your generally available to " " representations as to existing hazards, if unintentlona8y you should fail to disclose all employees who all such hazards at the Inception date of are eligible under the plan for such benefits; your policy, we will not reject coverage under this Coverage Part based solely on o. Unemployment insur- such failure. ante, social security Includes copyrighted m aterial of Insurance Services t7fflce, Inc., with its permission, page 7 of Y5 3. Damage to Premises Rented to You e) Bottling, cracking, a. The last Subparagraph of Paragraph shrinking or ex- 2. SECTION i - COVERAGES pansiom, or , COVERAGE A. • BODILY INJURY @ Nesting or iniesta- AND PROPERTY DAMAGE, 2. tl- lion, or discharge ABILIN 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 tire, explosion, light- sects, birds, ro- dents or oth r ning, smoke or soot to premises while rented to ycu or temporarily e animals. occupied by you with permission of (b) loss caused directly or indi- the owner. rectiy by any at the follow- b. The insurance provided under 5EC- ing' ifON i -COVERAGES, COVEflAGE 1) Earthquake, volcanic A. BODILY INJURY AND PROP- eruption, landslide or ERTY DAMAGE LIABWTY 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 of (1) As respects Water Damage Le- overflows from a sewer, drain or sump; gal Liability, as provided In Paragraph 3.b. abovo: 3) Water under the The exclusions under SECTION ground surface press- Ing on, or flowing. or -COVERAGES, COVERAGE seeping through: A. BODILY INJURY AND PROPERTY DAMAGE LIABfL- a) Foundations, IIY, 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 does not apply not; or to: c) Doors, windows or (a) "Property damage": other openings. 1) Assumod in any con- {c} Loss caused by or resultlng 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 resuihng from freez- e) Wear and Eear; ing, unless: b) Rust, corrosion, i} You did your best to maintain heat in the Fungus, decay, deterioration, hid- building or structure; or den or latent de- 2) You drained the fact or any quality equipment and shut off in property that the water supply if the causes it to dam- heat was not main- age or destroy it- tained. self; {d) Loss tc or damage to: c} Smog; i) Plumbing, heating, air d) Mechanical conditioning, fire pro- breakdown in- tectiori systems, or eluding rupture or other equipment or ap- bursting caused pliances; or by centrifugal forco; 2) The interior of any 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 5. Medical payments from ram, snow, sleet or Ice, whether driven The Medical Expense Limit of Any Ons 6y wind or not. Person as stated in the Declarations is amended to the limit shown in Section B. c. Limit of Insurance Limits of Insurance, 5. Medical Pay- The Damage to Premises Rented to menu of this endorsement. You Limit as shown in the Declare- s, Voluntary Property Aamage and Care, lions is a m~nded as follows: Custody or Control Liability Coverage g (2) EItI apO ~ U a. Voluntary Property Damage Cov- is tJMITS F INS RANC erage hereby deleted and replaced by th f ll i We will F " d " e o ow ng: pay or property amage to 6. Subject fo 5. above, the property of others arising out of opp- era6ons ihcidental to the insured's Damage to Premises business when: Ranted to You Limit is the most we wilt pay under (1) Damage is caused by the in- COVERAGE A. BODILY sured; or INJURY AND PROPERTY DAMAGE LIABILITY for (2) Damage occurs while in the in- ' , damages because of sured s possession. "property damage" to premises while rented to With your consent, we will make these payments regardless of fault. you or temporarily occupied y you with permission of b. Care, Custody or Control Liability the owner, arising out of Coverage anX one "occurrence" to wh~ch this insurance ap- SECTION b -COVERAGES, COV- plies. ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. (3) The amount we will pay is lim- it d d ib d Exclusions, J'. Dame a to Property S ~ o e as escr e in Section B. ubparagraphs (3), 4) and (5} d Limits of Insurance, 3. Dam- not apply to "property damage" to age to Premises Rented to the Property of others. described You of this endorsement. therein. 4. Supplementary payments With respect to the insurance provided byy Under SECTION I -COVERAGE, SUP- this section of the endorsement, the fol- towing addilionai provisions apply: PLEMENTARY PAYMENTS - COVER- AGES RAND B: a. The Limits of Insurance shown in the a. Paragraph 2. is replaced by the fol- Declarations are replaced by the lim- its designated fn Secton B. Limits of lowing: Insurance, 6. Voluntary Property Up to the limit shown In Section B. Damage end Care, Custody or Limits of Insurance A,a" Bail Bonds Control Liability Coverage of this , of this endorsement for cost of bail endorsement with respect to cover- bondsrequired because of accidents age provided by this endorsement. or traffic law violations arising out of These limits are inclusive of and hot the use of an vehicle to which the Bodily Injury Liability Coverage a - in addition to the limits being re- placed. The Limits of Insurance p plies. Ws do not have to famish shown in Section B. Limits of Insur- these bonds. ante, 6. Voluntary Property Dam- b P h 4 I l d b h age and Cara, Custody or Control Lrabiliy C f thi d . aragrap . s rep ace y t e foI- overage o s en orse- lowing: ment fix the most we will pay in any All reasonable expenses incurred by one "occurrence" regardless of the number oF: the insured at our request to assist us in the investigation or defense of {i) Insureds; the claim or "suit", includingg actual loss of eamings up to the limit shown {2) Claims made or "suits" brou hY g In Section B. Limits of Insurance, or 4.b. Loss of Eamings of this en- dorsement per day because of Time (3) Persons or organizations mak- ing claims or bringing "suits" off from work. . includes copyrighted material of Insurance GA 233 02 07 Services Office, inc."with its permission. page 9 of 15 b. Deductible Clause 9. Automatic Additional Insured - Speci- (1) Our obligation to pay damages fled Relationships on your hehal} applies only to a. The following Is hereby added to the amount of damages for each SECTION If - WHO IS AN INSURED; "occurrence" which ere in ex- cess of tiie deductible amount (1} Any person or organization de- stated in Secficn B. Limits of I 6 V t l scribed In Paragrapph 9.a.(2) below (herei aft f d t nsurance, . un o ary Prop- n er re erze o as artyy Damage and Care, Cus- additional insured) whom you tody or Contrcl lrabllity Cov- are required to add as an addi- erage of this endorsement. The tiona! insured under this Covar- Ilmits of insurance will not be re- age Part by reason of: duced by the application of such deductible amount (a) A written contract or agreement; or {2) Condition 2. Duties in the Event of Occurrence Offense Claim (b) An oral agreement or corn , , or Suit, applies to each claim or " " tract where a certificate of insurance showing that pet- suit Irrespective of the amount. son or organization as an (3) We ma pay any part or atl of y additional insured has been the ded uctible amount to effect issued, settlement of any claim or "suit" and, upon notification of the ac- is an Insured, provided: tion ffiken, you shall pfomptly (a) The written or oral contract reimburse us for such part of the or agreement Is: deductible amount as has been paid by us. 1} Currently in effect or 7. 180 Day Coverage for Newly Formed or becomes effective during the policy pe- Acquired Organizations tied; and SECTION II - WWO IS AN INSURED is 2) Executed prior to an amended as follows: "occurzonce" or offense Subparagraph a. of Paragraph A. Is to which this Insurance hereby deleted and replaced by Ehe tol- would apply; and lowing: {b) 'they are not specifically a. Insurance under this provision is af- Named as an additional in- forded only untll the 180th day after sured under any other pro- you acquire yr form the organization vision of, or endorsement added to this Coverage or the end of the policy period, , Part whichever Is earlier; . e. Waiver of Subrogation {2) Onty the following persons or organizations are additional in- SECTION IV -COMMERCIAL GENERAL sureds under this endorsement, LIABILITY CONDITIONS, 9. Transfer of and insurance coverage pro- Rights of Recovery Against Others fo vided to such additional En- Us Is hereby amended by the addiUorr of sureds is lim(ted as provided the following: herein: We waive any right of recovery we may (e} The manager yr lessor of a i l d i have because of paxmants we make for prem ses ease to you w th injury or damage arising out of your on- whom you have agreed per going operations or "your work" done un- Paragraph 9.a.(1) above to der a written cvhtrect requiring such provide Insurance, but on{y waiver with that person or organization with respect to liability aris- and included in the "productscompleted Ing ou[ of the ownership, operations hazard". However, our rights maintenance or use of that may only be wa(vad prior to the "occur- part of a premises leased to rence" gluing rise to the injury or damage you, subject to the following for which we make payment under this addrtional exclusions: Coverage Part. The Ensured must do nothing after a loss to impair our rights. This insurance does not Atour request, the insuradwill bring 'suit" apply to: or transfer those rights to us and help us 1) Anyy "occurrence" enforce those rights. wh)ch takes place after includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page i0 of 15 you csase to beaten- c} Any physical or ant in that premises. chemical change 2) Structural alterations, in the product made intentionally new cvnsWotion or demolition operations by the vendor; performed by or on be- d) Repackaging, un- half of such additional less unpacked insured. solely for the pur- (b) Any person or organization pose of Inspection, demonstration from which you lease- equipment with whom you , testing or the substitution of have agreed per Paragra h m parts under in- 9,a.{ij above to provide _ structions from the surance, Such person(s) or organization(s) are insureds manufacturer, and solely with respect to their then repackaged in the original liability arising out of the maintenance, operation or container; use by you of equ~'pment leased to ou b such er- e) Any faiNre to k h i y y p ma e suc n- son(s) or or~anizations(s). spsctions, adjust- However, this insurance menu, tests ar does not apply to any "oc- servicing as the cun'6nCe" which takes place vendor has after the equipment tease agreed tc make or expires. normally under- (c) Any person or organization takes to make in the usual course (referred to below as ven- of business in dot) with whom you have , connection with agreed per Paragrapph 9.a.(1) above to provide in- the distribufion or sale of the prod- surance, but only with re- " " ucts~ sped to bodily injury or ' "property damage" ansfng out of "your products" which f) f?emonstration, In- stalfation, servic- are distributed or sold in the regular course of the ven- ' ing or repair op- erabons, except dot s business, subJect to such operations the following additional ex- performed at the elusions: vendors premises 1} The insurance afforded in connection with the sale of the the vendor does not product; apply to: a) "Bodily injury" or " " g} Products which, after distribution ar property damage for which the veh- sale by you, have dot is obligated to been labeled or relabeled or used pay damages by reason of the as- as a container, sumpdon of liabil- part or ingredient of any other thing ity in a contract or or substance by or agreement. This exclusion does not for the vendor. apply to liability for 2) Th(s Insurance does damages that the not apply to any in- vendor would sured person or or- have in the ab- ganization: sense of the con- tract or agree- a) From whom you ment; have acquired such products, or b) Any express war- any ingredient, ranty unauthorized part or container, by you; entering into, ac- includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 1Y of 15 companying or 2) This Insurance does contalning such not apply to "bodily in- products; or jury", property dam- b) When liability in- age" or "personal and " cluded within the advertising injury atis- "products- completed opera- ing out of operations performed for the state lions hazard" has or political subdivision. bean excluded under this Cover- (f) Any person or organization with which you have agreed age Part with re- spect to such per Paragraph 9.a.(1) shove to provide insurance products. , but only with respect to li- (d} Any state or political subdt- vision with which you have abili arising out of "your work performed for that agreed per Paragraph additional insured b ou or e s 9,a.(1) above to prov(de m- on your behalf. A p r on or ' surance, subject to the fol- organization s status as an insured under this rovislon lowing additionak provision: of this endorsement contin- This insuranco applies only ues for only the period of with respect to tna following time required by lha written hazards for which the state contract or agreement, but ar pollOcal subdivision has in no event beyond the ex- issued apermit 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 applies: ment, or if no period of time is required by the written 1) The existence, mainte- contract or agreement, a Hance, repair, con- person or organization's struc[ion, erection ar i status as an insured under removal of advert sing this endorsement ends signs, awnings, cano- when your operations for pies, cellar entrancos, 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 9.a.{2): banners, or decors- lions and similar expo- (a) Subparagraphs (e) and ((} " auras; or does not appy to bodily Injury"or'propertydamage" 2) The construction, erec• includod within the "prod- tion, or removal of ale- ucts~compteted operations vators; or hazard"; 3} Tha ownership, main- (b) Subparagraphs (a), (b), (d), tenance, or use of any ~e) and {f) does not apply to elevators covered by bodily injury", "property this insurance. damage" or "personal and {e) Any state or poGUcai subdi- advertising injury" arising out of rho sofa negligence vision with which you have or willful misconduct of the agreed per Paragrapph (1) above to 9 a rovide in- additional insured or their ts " l " , . p , agen emp oyees or any surance, subject to the fol- other representative of the lowing provisions: additional insured; or 1) This insurance applies (c) Subparagraph (1) does not only with respect to op- apply to bodily injury", erahons performed b "property damage" or "per- you or on your behalf sonal and advertising injury" for which the state or arising out of: political subdivision has rssued a permit. 1 Defects in desi ) g nished. by or on behall Includes copyrighted malarial of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 12 of i5 of the additonal in- spects any other Insurance sured; or policy Issued to the addi- 2} The rendering of, or tional Insured, and such other insurance policy shall failure to render, any profasslonai archltec- be excess and J or nancon- tnral, enginesring or tributing, whichever applies, with this insurance SUNeying 58rvIC0S, In- . cluding: (b} Any Insurance provided by a) The preparin ~~ this endorsement shall be primary to other insurance approving or fa tri to e a available to the additional g pr p re or insured except: approve maps, shop drawings, i) As otherwise provided opinions, reports, in SECTION IY - surveys, field or- COMMEACIAL GEN- ders, change or- ERAL LIABILITY darn or drawings CONDITIONS, S. Other and specifications; Insurance, b. Excess and Insurance; or b) Supervisory, Ern 2j For an other valid and spection, archl- collectible Insurance tectural or engi- available to the addi- neering activities, tionat Ensured as an 3) "Your work" for which a additional insured by attachment of an en- consolidated (wrap-up) dorsement to another insurance program has been provided by fife Insurance policy that is primecontractor-project written on an excess basis. In such case manager or owner of the construction project , the coverage provided in which you are m- under th(s endorse- merit shall also be ex- voNed. cess. b. Only with regard to insurance pro- vided to an additional Insured dasig- (2} Condition 11. Conformance io Hated under Paragraph 9.a.(2 Sub- ~ Specific Written Contract or Agreement is hereby added: pparaggraph (f) above, SECTIO III - LIMITS OF INSURANCE i d d s amen e 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)(f) above only: Part, whichever are less. If no limns are specified in the written contract If a written contract or or agreement, or if there is no written agreement between you contract or agreemen#, the limits ap- and the additional Insured plicable to the additional insured are specifics that coverage for those specified in the Declarations of the additional insured; this Coverage Part. The limits of in- surance era inclusive of and not in a, tae provided b the In- c addition to the limits of insurance surance Servr es Of- shown in the Declarations fice additional insured. , loan number CG 20 10 c. SECTION IV -COMMERCIAL GEN- or CG 20 37 (where ERAL LIABILITY CONDITIONS is edition specified); or hereby amended as lollows: b. Include coverage for (1] Condition 5. Other Insurance is completed operations; amended to include; or (a) Whers required by a written c. Include coverage for contract or agreement, this "your work"; insurance is primary and ! er noncontributory as re- and where the ilmits or cov- erage provided to the addl- Includes copyrighted material of Insurance GA 233 02 07 Services OfTce, Inc., with its permission. page 13 of 15 tional insured is more re- strictive than was specifi- cally required in that written contract or agreement, the terms of Paragraphs 9,a.(3)(a), 9.a.(3)(b) or g.b. above, or any combination thereof, shall be inferpreted as providing the limas 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 Sorvicos Office additional insured form number CG 20 10 but does not specify which edition, or specifies an edition that does not exist, Para raphs 9,a,(3)(aj and 9.a.(3~(b) of this endorsement shall not apply and Paragraph 4.b. of this endorsement shall ap• PIY• 10. Broadened Contractual Uability -Work Within 50' of Railroad Property It is hereby agreed ihal Paragraph f.{i) of Definition 12. "Insured contract" (EC- 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 SEG- T10N I -COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABWTY: Paragraphs (3) and {4) of this exclu- sion do not apply to tools or equip- ment loaned to you, provided they are not beln;a used to perform opera- tions atthe hme of loss. b. With respect to the Insurance pro- vided by this section of the en- dorsement, the following additional provisions apply: (1) -the Limits of insurance shown In the Declarations are replaced by the limits designated in Sec- tion B. Limits of Insurance, 11. of this endorsement with respect to coverage provided by this endorsement. These Ilmits ere inclusive of and not in addition to the Ilmits being replaced. The Limits of Insurance shown in Section B. Limits of Insurance, 11. of this endorsement fix the most we will pay in any one "oc- currence" regardless ai the number of: (a) Insureds; (b) Claims made or "suits" brought; ar {c) Persons or organizations making claims or bring "suits". (2) Deductible Glause {a) Our obligation to pay dam- ages on your behalf applies only io 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 applicaticn of such De- ductibie amount, (b) Condition 2. Duties in the Event of Occurrence, Of- fense, Claim or Suit, ap- plies to each claim or "suit" rraspective of the amount. (c) We may pay any part or all f th d o e eductible amount to eKect 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,(1)(d} of SECTION II -WHO IS AN INSURE ,does not apply to your "em- ployees" who provide professional. health care services on your behalf as duly li- censed: a. Nurses; b. Emergency Medical Technicians; or c. Paramedics, in the jurisdiction where an "occurrence" or offense to which this insurance applies takes place. 13. Broadened Notice of Occurrence Paragraph a. of Gondftion 2. Duties in the Event of Occurrence, Offense, Claim or Suit (SECTION. IV - COMMER- CfAL GENERAL LIABILITY CONDI- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc„ with its permission. Page 14 of 15 T1ONS} is hereby deleted and replaced by the following: a. You must see to it that we are noti- fied as soon as practicable of an "occurrence" ar an offense which may resuh in a claim. To the extent possible, nc6ce should include: (1) ttow, when and where the "oc- currence" oroffense took place; {2) The names and addresses of any injured persons and wit- nesses; and {3) The nature and location of any injury or damage aris(ng out of the occunence or offense. This requirement applies only when the "occunence' or offense is known to an "authorized representative". Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 15 01 15 ,~ CHUBB GROUP OF INSURANCE COMPANIES Surety Department, 15 Mountain View Road, P.O. Box 1615, Warren. NJ 07061-1615 CIiUBB Phone: (908) 903-3485 • Facsimile: (908) 903-3656 Bond No. 81829494 AIA DOCUMENT A312TM - 2010 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner or other pady shah 6e 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 E. Broadway Ave. Meridian, ID 83642 SURETY (Name and principal place of business): Federal Insurance Company 15 Mountain View Road Warren, N.J. 07059 CONSTRUCTION CONTRACT Date: July 16, 2013 Amount: ( $394,017.74 ) Three Hundred Ninety Four Thousand Seventeen Dollars and 74/100 Description (Name and location). W WTP RV Dump -Construction -Project # 10030c BOND Date (Not earlier than Constmction Contract Date): July 16, 2013 Amount: ($394,017.74 ) Three Hundred Ninety Four Thousand Seventeen Dollars and 74(100 Modifications to this Bond: RJ None ^ See Section 16 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) The Ewing Comp y, I c. ,~~Qj // Signature: ~~CC~~%I / /?P_S/// e,'v~ Name and TjH~ SURETY Company: Federal Insurance Company Signature: ',/l~s'.l// Attorney-in-Fact Name: (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 Primed in cooperation with the Amedcan Institute of Architects (AfA) by the Chubb Group of Insurance Companies. The language in this document conforms to the language used in A9A Document 8392 ~- 2090. Palm i5A2.0573~FE0 (Etl. 7-t0) ~ hkh 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 Owners 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 nat 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 io 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 fo be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to 6e secured with peformance 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 6e 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 Surely 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 ornon-performance of the Contractor. Printed in cooperation with fhe American Institute of Architects (AIA) by the Chubb G7oup of Insurance Companies. 7'he /anguage in this document conforms to the languago used in AIA Document A312 ^~• 2010. Fwm 15-02-0Sr1FEe (Etl. 7-te) 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liabi(Ity 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 shalt be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years aker the Surety refuses or falls 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 ar 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 no[ as a common law bond. 14 DEFINITIbNS 74.1 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 Confractor Default: Failure of the Contractor, which has not been remedied nor waived, to perform or otherwise to comply with the term of the Consvuction 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: Ali 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 Arch/leas (AIAJ by the Chubb Group of Insurance Companies. The language in this document conforms to tho language used in AIA Document A372 ^~- 2010. Fam 15-02A5]O~FED (Ed. ]-10J 16 MODIFICATIONS TO THIS BOND AREAS FOLLOWS: (Space is provided below foradditionaf signatures ofadded parties, other than those appearing on (he cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seaf) Company: (Corporate Seal) Federal Insurance Company Signature: Name and Title: Address: Signature: _ Name and Title: Address: Printed in cooperation with the American fnsfifufe of Architects (AIA) by the Chubb Group of Insuranco Companies. Tho fanguage in this document conlorms to the fanguage used in AIA Document A342 ~+~- 2040. Form 15-02-0573~FE0 (Ed. 7-1p) CHUBB GROUP OF INSURANCE COMPANIES Surety Department, 15 Mountain View Road, P.O. Box 1615, Warren, NJ 07061-1615 C!-IUBB Phone: (906) 903-3485 • Facsimile: (908) 903-3656 Bond No. 81829494 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 E. Broadway Ave. Meridian, ID 83642 CONSTRUCTION CONTRACT Date: July 16, 2013 Amount: ($394,017.74 Description (Name and location): SURETY (Name, legal status and principal place of business): Federal Insurance Company 15 Mountain View Road Warren, N.J. 07059 Three Hundred Ninety Four Thousand Seventeen Dollars and 74/100 W WTP RV Dump -Construction -Project # 10030c BOND Date (Not earlierthan Construction Contract Date): July 16, 2013 Amount: ($394,017.74 ) Three Hundred Ninety Four Thousand Seventeen Dollars and 74/100 Modifications to this Bond: None CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) The Ewing Company, Inc. q ~t Signature: ~~ Gr3 GG!/~"( . Name and~ttt~~ See Section 18 SURETY Company: Federal Insurance Company Signature: ~Ul/'f%G% Attorney-in-Fact Name: (Any additional signatures appear on the last page of this Payment Bond) (FOR INFORMATION ONLY- Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): PayneWest Insurance, Inc. 960 Broadway Avenue, Suite 100 Boise, ID 83706 , 208-424-2900 Panted in cooperation with the American Institute of Architects (AlA) by the Chubb Group of Insurance Companies. The language in this document conforms to the language used in AIA Document A312 rM- 2010. Form /5-02-0574-FED IEtl. 740) 9 nXh 1 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 Owners 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. 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 (gD) 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 o(Architects (AIA) by the Chubb Group o(Insurance Companies. The language in this document conforms fo the language used in AIA Document A312 ~• 2010. Form 1&02-0574-FED fEd. 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 (AIAJ 6y the Chubb Group o/Insurance Companfes. The language in this document conlorms to the language used in A/A Document A312 ~- 2010. Form t5-02A5]4-FED (Ed. ]40) 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, oii 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 ali 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 conlorms to the language used in AIA Document A312 ~- 2010. form t&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: Panted in cooperation with the American Institute of Architects (AIA) by the Chubb Group ollnsurance Companies. The language in [his document conforms to fhe language used in AIA Document A392~- 20f0. Form 1502-0574~FED (Ed. 710) POWER Federal Insurance Company Attn: surety Department Chubb OF Vigilant Insurance Company 15 Mountain view Road _ __ ___ Surety ATTORNEY pacific Indemnity Company warren, x,T 07059 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 constltuta and appoint Brenda J. Smith as Ihefr true and lawful Attomey- in- Fact to execute under such deslgnaQon In their names and to a(Flx their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, the following Suraty Band: Surety Bond Number :81829494 obligee :City of Meridian And the exaction of such bond or obligation by such Attorney- in- Fact in the Companes name and on its behalf as surety thereon or otherwise, under Its corporate seal, In pursuance of the authority hereby conterzed shall, upon delivery thereof, be valid and binding upon the Company. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNIN COMPANY have each executed and attested these presents and a0fxed their corporate seals on this 1St day of March 2013. Dawn M. Chloros, Assistant Secretary STATE OF NEW JERSEY as, County of Somerset ~~~~_ 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, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attomey, and the said Dawn M. Chloros, being by me duly sworn, did depose and say that he (s Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows Iha corporate seals thereof, that the seals affixed to the foregoing Power of Attorney ere such corporate seals and wore thereto affixed by authority of the By laws of said Companies; and that he signed said Power of Attomey as Assistant Secretary of Bald Companies by like authodty, and that he is acquainted with T. W. Cavanaugh, and knows him to be Vice President of said Companies; and that the signature of T. W. Cavanaugh, subscdbed to said Power of Attomey is to (he genuine handwriting of T, W. Cavanaugh, and was thereto subscribed by authody of said By-Laws and In deponent's presence. .,, ,m,,, Notarial Ts~~o~~;..,!!'g~a~y WENDIE WALSH Seal t3! ~r~v •..s g Notary Public, State of New Jersey ~ ,~~,~ e '•, Pueue ,.' F No. D054504 ~~ ~ G2~i" ~-' ~--~ t'°,,~iiv~~s~.;eP~ Expires April 18, 2018 „M.,"~ Notary Public CERTIFICATION Extract from the By-Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "All powers of attorney (or end on behalf o(iha 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 Asslslant Vice President, jo(nlly with the Secretary or an Assistant Secretary, under their respective designations. Tha signature of such officers may be engraved, pdnted or IiUOgraphed. The signature of each of the following officers: Chairman, President, any Vlce Presiden4 any Asslslant Vice PrestdenL any Secretary, any Asslslant Secretary and the seal of the Company may be affixetl by facsimile to any power of attomey or to any certificate relating thereto appo(nting Assistant Secretades or Attorneys- in- Fact for purposes only of executing antl attesting bontls and undertakings and other wdlings obligatory in the nature thereof, and any such power of attorney or cedificete bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and ceni0ed 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." 6 Dawn M. Chloros, Assistant Secretaryot FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies') do hereby certify that (i) the foregoing extract of the By- Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columhia and ere 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; antl (ill) the foregoing Power of Attomey is Uue, correct and in full force and effect. Given under my hand and seats of said Companies at Women, NJ this 16th dayof JUIy, 2013. ~6VPAfy.~ `,~°INxlrrr `SV?~4~„`f. y /^"1n~ 31-atoUevpe4f'4 [/%pi r3S / D~ *- t ua~ g ,r F ~ ~y Ir \~ 7~ Y r//OIANP krf NAN 'tFW,ropV- 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 OE ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3993 Fax (908) 903- 3656 a-mail: surety@chubb.com Form 15-10- 01548- SurePaU (Rev, 03-13) CORP CONSEM 0 B STATE OF IDAHO ) )SS: COUNTY OF ADA ) I, J.Tucker Ewing, hereby certify that at a meeting of the Board of Directors of The Ewing Co., Inc., a corporation existing under the laws of the State of Idaho, held on January 3, 2005, the following resolution was duly passed and adopted: "RESOLVED, that John R. Ewing, as President ofthis Corporation, be and is hereby authorized to execute any and all bids by this Corporation and that his execution thereof, attested by the Secretary of this Corporation, and with the Corporate Seal affixed, shall be the official act and deed ofthis Corporation." I further certify that said resolution is now in full force and effect. IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal ofthis corporation this _~ day of ~u/ , 2013. 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F m O U O O Q O O O- U ~ ~ O O ~ ~ O O o_ " ~` 3 N N N ~ ~ C Efl d3 K3 EA jl T .fl (0 -p N N ~ O U N ~ ~ Z~ ~ O } (D Z ~o O ~ LL N } Y ~ } l77 U ON ~ ~ c jL Y U Y }v co U O N LL (~ }r m c U (` t0 ~z L~ is m 'a m O- ~ O OUH N N City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith - Onposted Transactions Included In Report 60 - Enterprise EUnd 3590 - WWTP Construction Projects Prom 10/1/2012 Through 9/30/2013 Percent o£ Budget with Current Year BudgeC Budget Amendments Actual Remaining Remaining Capital Outlay 96195 WWTP RV Dump project 10030 RV Dump Station ___ 958,_0.00._00_ _ 57 780.00 900 220.00 __87.380- Total Capita]. Outlay 958,000.00 57,780.00 900,220.00 87.380 TOTAL EXPENDS TORES 958,000.00 57,780.00 400,220.00 87.38s eaee: ono/i3 oo: ta: tz nn Pagn: i H J '~'^ V/ W 0 M. W u 0 a W a Z H Z Q ^_ m sgng # o!l puo8 P!8 Z wnpuappd !, wnpuappy paufi!g O 0 Z W rn d- ~ co N f~ 0 0 ~ ~ ~ ~ ~ A ~ o C D o ~ N d' ~ ~ ~ ~ ffl K3 EA (f} x x x x x x x x x x x x x x x x x x x x x x x x U E ~ ~ ~ ~ ~ U ~ _N ~ (Cf O ~ ~ ~ E v ~~ w o a' > -Y ~ ~~ U ~ 0_ W ~ 07 v7 H H a x w Y .~+ .a 'C a~ c Q. c~ ~. t R3 Q Untitled Page Page ] of 2 ~IdlslOn of ~~! ~~i~ ~~~~II DB a Login Public Contractor Search PERMITS LICENSE PUBLIC WORKS VIOLATIONS ELEVATORS Public Works Search ~~ Search Again Download Resul Company Name License Number Work Category(s) Licer The Ewing Co., Inc. PWC-C-12003 00001, 00002, 00003 1, 2, ; Prr~~. Page: 1 of 1 Details -License Number: PWC-C-12003 Lic Info ~ Bus Lic ~ Fees $2,200.00 Registration#: PWC-C-12003 Issue : 7/23/2012 Expire: 7131 /2013 Type: PUBLIC WORKS Sub-Type: UNLIMITED Status: ACTIVE Comp/Name: The Ewing Co., Inc. Address1: 1500 Eldorado, Suite 4 City, State, Zip: BOISE, ID 83704 Phone: (208) 377-1500 Cell; Pager: Fax: (208) 376-1481 Owner Name: https://data.dbs.idaho.gov/etralcit2/Idaho_PublicWorksSearchRslts.aspx 7/10/2013 Untitled Page Home ~ CONTACT US Po~rrerFndy (, !~~' ;, ~/~ SYSTEM145 Page 2 of 2 https://data.dbs.idaho.gov/etralcit2/Idaho_PublicWorlcsSear•chRslts.aspx 7/10/2013 . IDSOS Viewing Business Entity Page 1 of 2 '~ ~`"'~ ~f.DAHO SECRETARY OF STATE a;. `~ '~~'~~~,~o Viewing ~uSiness Entity ~.~~~, ~~ -~ ~~"~ri `~`~,~~~ [3en Ysursa, Secretary of State [ New Search ] [Back to Summary ] [ Get a certificate of existence for EWING CO., INC. (THE) ] 1500 EL DORADO STE 4 BOISE, ID 83704 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING, ANREPT SENT 02 Aug 2012 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: 24 Oct 2012 c(~~~o~~oit~~a0 G~uOtliiu~~~n [ Help Me Print/View TIFF ] Filed 08 Oct 1982 INCORPORATION View Image (PDF format) View Imaqe (TIFF format) ABI"@~nCll"9l('n~s: [ Help Me Print/View TIFF ] Amendment Filed 05 Sep 1979 OTHER - View Image (PDF format) View Image R/A (TIFF format) Amendment Filed 13 Dec 2012 ARTICLES View Image (PDF format, View RESTATEMENT Image (TIFF format Amendment Filed 05 Feb 2013 ARTICLES View Imaqe (PDF format) View RESTATEMENT Imaqe (TIFF format) 6~~-~u`~~~~aN ~~~~~r,~~~~~~~_vo [ Help Me Print/View TIFF ] Report for year 2012 ANNUAL REPORT View Document Online Report for year 2011 ANNUAL REPORT View Document Online Report for year 2010 ANNUAL REPORT View Document Online Report for year 2009 ANNUAL REPORT View Document Online Report for year 2008 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 2007 ANNUAL View Imaqe (PDF format) View REPORT Imaqe (TIFF format) http://www.accessidaho.org/public/sos/corp/C52206.htm1 7/10/20 ] 3 IDSOS Viewing Business Entity Page 2 of 2 Report for year 2006 ANNUAL View Ima ge (PDF formats View REPORT Image (TIFF format) Report for year 2005 ANNUAL View Imac Le (PDF formats View REPORT Image (TIFF format Report for year 2004 ANNUAL View Ima ge (PDF formats View REPORT Image (TIFF format Report for year 2003 ANNUAL View Ima ge (PDF formatl View REPORT Image (TIFF format Report for year 2002 ANNUAL View Ima ge (PDF formats View REPORT Image (TIFF format Report for year 2001 ANNUAL View Ima ge (PDF format) View REPORT Image (TIFF format) Report for year 2000 ANNUAL View Imag e (PDF format) View REPORT Image (TIFF format) Report for year 1999 ANNUAL View Imag e (PDF format) View REPORT Image (TIFF format) Report for year 199$ ANNUAL View Imag e (PDF formats View REPORT Image (TIFF format) Report for year 1997 ANNUAL View Imag e (PDF format) View REPORT Image (TIFF format) Report for year 1996 ANNUAL View Imag e (PDF formats View REPORT Image (TIFF format Report for year 1995 ANNUAL View Imag e (PDF format) View REPORT Image (TIFF format) Report for year 1994 ANNUAL View Imag e (PDF formats View REPORT Image (TIFF format) Report for year 1993 ANNUAL View Imag e (PDF format) View REPORT Image (TIFF formatl Report for year 1992 ANNUAL View Imag e (PDF formats View REPORT Image (TIFF format Report for year 1991 ANNUAL View Imag e (PDF format? View REPORT Image (TIFF formatl Report for year 1990 ANNUAL View Imag e (PDF format) View REPORT Image (TIFF format Report for year 1989 ANNUAL View Imag e (PDF formats View REPORT Image (TIFF format) Report for year 1988 ANNUAL View Imag e (PDF format) View REPORT Image (TIFF format Report for year 1987 ANNUAL View Imag e (PDF format) View REPORT Image (TIFF format) Idaho Secretary of State's Main Page State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfoC~sos.idaho.gov http://www.accessidaho.org/public/sos/corp/C52206.htm1 7/ 10/2013 '~ To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, David Allison Date: 7/10/13 Re: July 16 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the July 16 City Council Consent Agenda for Council's consideration. is the result of Formal IFB #PW-13-10030c. Four bids were received. This award Recommended Council Action: Approval of Bid Award and Contract to Ewing Company, Inc. for the Not-To-Exceed amount of $394,017.74. Thank you for your consideration. • Page 1