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Home My WebLink AboutIndependent Contractor Agreement with AME Electric, Inc. for Well 20 Sites Well 24 Well 14 Control System UpgradesAGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES (WELL 20 SITES WELL 24 WELL 14 CONTROL SYSTEM UPGRADES) PROJECT # 10417 THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this 13th day of August, 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 AME Electric. Inc., hereinafter referred to as "CONTRACTOR", whose business address is 3621 Arthur St, Caldwell, ID 83605 and whose Public Works Contractor License # is C-11544-AA-4. INTRODUCTION Whereas, the City has a need for services involving WELL 20 SITES W ELL 24 WELL 14 CONTROL SYSTEM UPGRADES; 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. 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 WELL 20 SITES WELL 24 W ELL 14 CONTROL SYSTEM UPGRADES page 1 of 10 Project 10417 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 otherwarranties, 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 $209,000.00. 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. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30, 2013 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. 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. WELL 20 SITES W ELL 24 W ELL 14 CONTROL SYSTEM UPGRADES page 2 of 10 Project 10417 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 45 (forty-five) calendar days to complete the work as described herein. Contractor has ten (10) calendar days from Notice To Proceed to notify City, in writing, of any delays due to product availability. Such delay must be verified with written notice from manufacturer. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. 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. WELL 20 SITES WELL 24 WELL 14 CONTROL SYSTEM UPGRADES page 3 of 10 Project 10417 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 responsibilityto 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 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, WELL 20 SITES WELL 24 WELL 14 CONTROL SYSTEM UPGRADES page 4 of 10 Project 10417 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 orself-insurance maintained bythe 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. 8. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. 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 WELL 20 SITES WELL 24 WELL 14 CONTROL SYSTEM UPGRADES page 5 of 10 Project 10417 communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian AME ELECTRIC, INC Purchasing Manager Attn: Mike Tenhulzen 33 E Broadway Ave 3621 Arthur St Meridian, ID 83642 Caldwell, ID 83605 208-888-4433 Phone: 208-459-8959 Email: mike@ameelectric.com Idaho Public Works License #C-11544-AA-4 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. 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 WELL 20 SITES WELL 24 WELL 14 CONTROL SYSTEM UPGRADES page 6 of 10 Project 10417 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 CITYto 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 authorityto 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. Waiveror 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. 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. WELL 20 SITES WELL 24 W ELL 14 CONTROL SYSTEM UPGRADES page 7 of 10 Project 10417 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 AME ELECTRIC, INC~ , ~ BY: TAMMY de W D, MAYOR Dated: ~ -13 ' 13 Approved by Council:, CITY C 3 '' BY: MIK TENHULZ N, Presides Dated: b " ~' ~ ~ - -- -~ ~- , ~ V ~9 rte, Ci y of ~`" E IOIAN~ IDAHO ~. ~~ w F~rfA c~l6r 4RF ~5`'A~~~~ Purchasing Appro al BY: KEITH ATTS, Purchasing Manager Dated:: Y 7 ~3 BY: WAF~REN STEWART, Engineering Manager Dated:: ~`' 7 WELL 20 SITES WELL 24 WELL 14 CONTROL SYSTEM UPGRADES page 8 of 10 Project 10417 Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW-13-10417 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW-13-10417, are by this reference made a part hereof. WELL 20 SITES W ELL 24 WELL 14 CONTROL SYSTEM UPGRADES page 9 of 10 Project 10417 Attachment B MILESTONE /PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $209,000.00. PRICING SCHEDULE Contract includes furnishing all labor, WELL 20 SITES WELL 24 WELL 14 materials, equipment, and incidentals as required for the CONTROL SYSTEM UPGRADES per IFB PW-13-10417 Total Bid Schedule 1 ...................$209,000.00 CONTRACT TOTAL ....................... $209.000.00 CONTRACT IS A NOT TO EXCEED AMOUNT. LINE ITEM PRICING BELOW WILL BE USED FOR INVOICE VERIFICATION AND ANY ADDITIONAL INCREASES OR DECREASES IN WORK REQUESTED BY CITY. Bid Schedu le Item No. Descri lion Quantity Unit Unit Price 1 Mobilization/Demobilization 1 LS $8,200 2 Instrumentation 1 LS $18,285 3 PLC Control Panels 3 EA $35,775 4 Remote I/O Control Panels 1 EA $12,840 5 Generator Remote I/O 1 EA $6,500 6 Testing 1 LS $q,ggp 7 Other Misc 1 LS $51,370 Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. WELL 20 SITES WELL 24 WELL 14 CONTROL SYSTEM UPGRADES page 10 of 10 Project 10417 Cn H J fn W m et J J w N W 00 z z O Q 00 sqn # ~!l puo8 p!8 G wnpuapp pau6! O z w a~ ~ o `~ ~ o 0 0 n o ~ ~ c 0 Z x x x x x x x x x U U N W E ° w ~ ~ Q U I-- H a x w Y ~+ .a a~ c a~ a O a~ c A t Y ,'-~ as a Bond No. IDC 41706 Document A312TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: (rvanre, legal status and address) AME Electric, Inc. 3621 Arthur St Caldwell, ID 83605 OWNER: (Vann, legal status and address) City of Meridian 33 East Broadway Ave Meridian, ID 83642 CONSTRUCTION CONTRACT Date: August 13, 2013 Amount, ~ 209,000.00 SURETY: (Verne, legal status and prhrclpal place of business) Merchants Bonding Company (Mutual) 2100 Fleur Drive Thls document has Important legal Des Moines, IA 50321-1158 consequences. Consultation with Malling Address for Notices an attorney is encouraged with respect to Its compla«on or 2100 Fleur Drive modltlca«on. Des Moines IA 50321-1 1 5$ Any singular reference to , Caniractor, Surety, Owner or other party shall be considered plural where applicable. Two Hundred Nine Thousand Dollars and 00/100 Description; (Name and loeatlon) Well 20 Sites Well 24 Well 14 Control System Upgrades BOND Datc: August 13, 2013 (rVat earfier than Crnrstrrtction f.'ontract Dare} Amount: $209,000.00 Two Hundred Nine Thousand Dollars and 001100 Modifications to this Bond: X~ Nona ~ Scc Section 16 CONTRACTOR AS PRINCIPAL Company: (Cvt'1 AME electric, Inc. // Name ~ m;~ and'1'itle: 'pl"~ S i SURETY Company: (Cor;norate Seal) Merchants Bonding Company (Mutual) Signature' x-J'~ ~7E'r r ~ / r~ J dith A. Ev r e rt Name orney-in-Fact and Title: (~l ny addltlonal sigrtatru'es appear on the last page of this Perfanuance Bond.) (FOR LVFORd4i1T10NONL1' -Narrre, address and telephone) AGENT or BROKER: The Hartwell Corporation PO Box 51019 Idaho Falls, ID 83405-1019 208-522-5656 S-1852/AS 8110 OWNER'S REPRESENTATIVE: (rlrchi'rec~ Engineer or other party:) § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Constructon Conunc6 which is incorporated herein by reference. § 21fWe ConWCtorperforms the Constmction Contmct, the Surety and the Contractorshail haveno obligation under this Hond, except whco epplfcable to pariicipnte in a conference as provided in Section 3. § 3 IFthere is no OwnerOefeult under the Constmcdoa 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 cons(dering declaring a Contmcmr Default. Such notice shalt indicate whet4er the Owner is requesting u conference among lha Oeater, Contreclor and Surety to discuss the Conirectors performance.lf the Owncrdoos notrequcst a conference, the Surety may, within five (5) business days efterrecelpt of the Osmers notice, requestsuch a conference.Ifthe Smety timely requests n conference, the Ownershall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3,1 shall be field within ten (]O) business days oflhe 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 fire Construction Contract, but such an agreement shell not waive the Owners righ4 if any, subsequently to declare a Contmetor Default; .2 the Ormcrdeclarcs a ContradorDcfault, Ictminalesthe Construction Contract andnofiDes the Surety; and .3 the Otwer has agreed to pay the Balance of the Contract Price to accordance with the terms of the Construction Contract to the Surety or to o contractor selected to perform the L'onsuuction Contract. § 4 Failure on the pert of the Owner to comply with the notice rcquiroment in Section 3,1 shall not constitute a failure to comply with o condition precedent to the Surety's obhgations, or release the Surety from its obligations, except to the extent the Surety demonsuntes actual prejudice. § 6 When fire Ormerhus satisfied the conditions of Section 3, the Surety shall promptly and et the Surety's expense take one ofthe following actions; § 6,1 Mange far the Contractor, with the consent of the Owner, to perform end complete the Cons Wedon Contmct; § 6.2 Undertake to perform and wmplete the Construction Contract itself, through its agents or independent contractors; § 6.3 06tain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of toe ConsW etion Cantmet, arrange for a contract to be prepared for execution by the Owner and a rnnhactor selected with the Owners concuttence, to be secured with performance and paymcat bonds executed by a qualified surety equivalent to the bonds Issued on the Conswclion Contract, and pay to the Owwer the amount of damages as descdbed in Section 7 In excess of the Delance of the Contmct Price incurred by the Owner as a result of the ContraclorDefeull; or § 6.4 Waive its fight to perform end complete, arrange for completion, or obtain a new contactor and with reasonable prompmess under the circumstances: .1 After invcstigalion, determine the amount for which it may be liable to the Owner and, as soon as prectfcable after the nmount is determined, make payment to the Owner, or ,2 Deny liability in whole or in part and notil~ the Owner, cittng the reasons for denial. § 6lfthe Surety does notproceed as provided in Seaton 5 with reasonable promptness, the Surety shall be deemed to bale default on this Hond seven days allerreceipt of an additional written notce from the Ownerlo the Surety demanding shot the Surety perform its obligations under this Aond, and the Owner shell be cntiticd to enforce my remedy available to the Owner If the Surety proceeds as provided In Section 5.4, end the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shell be entiited to enlbrce any remedy available to the Owner, S•1852/AS 8/10 § 71f the Surety elects to oat under Section 5. I, 5,2 or 5.3, then the responsibliities of the Surety to the Otmer shall not be greater than those of the Contractor under the Constmclion Contract, anti the responsibilities of the Otmer to the Surety shall not be grcmcr then Wosc of the Oestcr under the Constmclion Contract. Subject to the commitment by the Owncrto pay thcBalanec of the Contmet Price, the Surety is obligated, wiOtout duplication, for .1 thcresponsibilitiesoflheContmctorforcortectionofdefectiveworknndcompletlonoftheConstmctionContrecq .2 additional legal, designprofesslonal end delay costa resulting from the Contractor's Default, and resulting Eom the actions or failure to act of Ota Surety under Section 5; end .3 liquidated damages, orif no Ilquidated damages are specified in the ConsWCtion Contract, actual damages caused by delayed performance ornon-performance of the Contmetor. § 81f the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of Ihis Dond § 8 The Surely shall not be liable to the Owner or others fur obligations of the Contractor Wat are unrelated to the Consttucoon Contract, and the Dalonce of the Contmet Price shall not be reduced or set off on eccowt of any such unrolatcd obligations. No right of action shell acemc on this Bond to any person or entity other then the Owner orifs heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of Omq to the Construction Contract or to related subcontracts, purchase orders and otherobligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the workor pun of the work Is located end shall bo instimted w(thin bvo years efler a declarelion of Conbaetor lletault or within two years after Ote Contmetor ceased working orwlthin tvvo years efler the Surety refuses orfaik to perform its obligations under this Dond, whichever occurs Orst lithe provisions oftlds Pazagraph era vo(d or prohibited by law, Ute minimum period oflimita5on available to sureties os o defense in thejunsdiciion of the suit shell be app8cable. § 12 Notice to the Surety, the Otmcr or the Contmmor shat l be moiled or dclivcred to the address shotm on the page on which their signslure appears. § 13 When Otis Hond has been famished to comply with nstamtory oroOrer legal requirement in the location wham the cnnsWCtion teas lobe performed, any prov)s(on in this Dond conflicting with said statutory or legal requirement shall be deemed deleted hereCrom and provisions confanning to such statutory or other legal requirement shall be deemed incorporated herein. When so Rtmishcd, the intent is that this Bond shall be cons Wed os o statutory hood and not os a common luty bond, § 14 Definltlons § 14.1 Balance of the Contract Price. The total amount payable by the Owner to Ote Contractarunderthe Construction Contract after ell proper adjustments have been made, including eilotvnnce to the Contrectorof any amounts received or to be received by the Otmer )n sel0ementof insurance or other claims for damages to which the Cantmclor is entitled, reduced by ail valid and proper payments made In nr on behalf of the Contractor under the Constmclion Contract. § 14.2 Construction Contract.lhe agreement benveen the Ulmer and Contractor identified nn the coverpage, including all Contract Documents and changes made to the agreement and the Contmet Documents. § 14.3 Contractor Default. Failure of the Contractor, which hasnot been remedied or waived, to perform yr othenvisc to comply with n materiel terra of the ConsW etion Contract. § 14.4 Owner Default. Failure of the Otmep which has not been remedied or waived, topay the Contractor es required under the Constmclon Contract or to pcrfomt and complete or comply tvilh the othermaterial terms ofWe Construction Contract. § 14.6 Contract Documents. All the documents that comprise the agreement behveen the Otmer and Contractor. § 151f this Bond is issued for an agreement between a Contractor and suhcontrector, the term Contractor N this Hond shall be deemed to be Subcontractor and the term Otmer shall be deemed to be Contreutor. 5.1852IAS 5110 § 18 Modifirnlions to this bond are as follows: (Space Is prav/ded below jar arldilioaal sfgnalures ofar7ded parties, other than (hose appearingon the coverpage.J CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: SignnNUe: Name and Title: Address (Corporate Seal) Signature: Name end Tide: Address S•1 B52/AS 8/10 Bond No. lDC 41706 Payment Bond CONTRACTOR: awe, legal status and address) AME Electric, Inc. 3621 Arthur St Caldwell, ID 83605 Document A312TM - 2010 Conforms with The American Institute of Architects AIA Document 312 OWNER: (Name, legal stntrrs and address) City of Meridian 33 East Broadway Ave Meridian, ID 83642 CONSTRUCTION CONTRACT Date: August 13, 2013 Amount: $209,000.00 SURETY; (Name, legal status and princrpnl place of business 1 Merchants Bonding Company (Mutual) ~+ 2100 Fleur Drive Des Moines, IA 50321-1158 Mailing Address forNottces 2100 Fleur Drive Des Moines, IA 50321-1158 This documenf has important legal consequences. Consultation with an attorney Is encouraged with respect to Its completion or modificatidn. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Two Hundred Nine Thousand Dollars and OD/100 i)escription: (Noun and location) Well 20 Sites Well 24 Well 14 Control System Upgrades BOND Dute: August 13, 2013 (1'ot earlier than Constrtrctlan Contract Date) Amount: S 209,000.00 Modifications to this Aond: 0 None CONTRACTOR AS PRWCIPAL Company: (Carpor to Seal) AME Electric, inc. ~ ~ ~ Signature,,:,,,~!!%~f..G .~ ~ ~I Name 1 ' ~.a ~ `( r/Y~ ~ ~.t~, and Title; P f ~ S ` Two Hundred Nine Thousand Dollars and 00/100 [] See Section 18 SURETY Company: Merchants Bonding Signature: ' Ju tth A. E Name and Title: A rney-ir (Corporate Seal) pony (Mutual) (~tny additlona/slgnatrn•es appearan the last page of 1hlsPayrnent 17otrd) (FOR INFOR,LLdT10NONLY -i1'aare, address and telephone) AGENT or BROKER: The Hartwell Corporation PO Box 51019 Idaho Falls, ID 83405-1019 208-522-5656 S-24491AS 8110 OWNER'S REPRESENTATIVE: (Architect, Engineer or other potty:) A~ § 1 1'he Contractor and Surety, jointly and severally, bind themselves, (heir heirs, execuWrs, administrators, successors and ass(gns to the Owner to pay far labor, materials and equipment famished for use in the performance of the ConsWCtfon Contract, which is incoryoreted herein byreference, subject to the following terms, § 2 if the Contmetorpromptly makes payment ofall sums duo to Claimants, end defends, indemnifies and holds harmless the Owner Gam claims, demands, liens or suits by any person or entity seeking payment For labor, materiels or cquipmcnt famished for use in the perfomtance of the Construction Contract, then the Surety end the Contractor shell have no obl(gation under this Bond. § 3 if there is no Owner DeCauft under the Construction Contract, the Surety's obligation to the Ovmer under this Bond shell ariso after the Owner has promptly notified the Contractorand the Surely (at the address described in Section 13) ofclauns, demands, liens or suits against the Uwner or the Owner's property by any person or entity seeking payment for labor, matedals or equipmeat famished for use in tha performance of the Canstmctian Contract end tendered defense ofsuch claims, demands, liens arsuits to the Contrncror 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, indcmrdfy and hold harmless the Owner against a duly tendered claim, damned, lien or suit. § 5 The Surety's obligations to ¢ Cla'unant under this Bond shop arise after the following: § 6.1 Claimants, who do not have a direct mntract with the Contractor, .1 have famished o written notice ofnon-payment to the Contractor, sorting with substantial accuracy the amount claimed and the name of the party to whom the materiels were, or cquipmcnt was, Pomishcd or supplied or for whom the labor was done or performed, within ninety (90) days afterheving lastpcrfotmcd laboror last famished materiels or equipment incittded in the Claim; and .2 have sent a Claim to the Surety (at the address desedhed in Section 13). § 6.2 Claimants, who arc cmpioycd 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 anotice ofnon-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is suCficienl to satisfy a Claimant's obligation to Pom1sh a writen notice of nonpayment under Section 5.1.1. § 7 When a Cla(manthes satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surely shall promptly and ul the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant' with a copy to the Owner, within sixty (50) days after receipt of the Claim, staling Iho 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 underSection 7.1 or Section 7.2 shall not be deemed to constitute a vvaiverof defenses the Surety orContractor may have or acquire ns to a Claim, axcept as to undisputed amounts forwhich the Surety and Claimant have reached agreement. It, however, the Surety toils to discharge its obligations under Section 7.1 orSection 7.2, rho Surety shalt indemnify the Cla'unant for the reasonable ¢ttomey's fees the Claimant incurs thereafter to recover any sums found to he due and owing to the Claimant. § 6, The Surety's total obligation shall not exceed the amount of this Bond, plus the amount ofreusonuble ottomey's fees provided under Section 7.3, and the amount ofthis Bond shell be credited for any payments made in good faith by the Surety, § 9 Amounts owed by the Owner to the Contractor under the Constmcton Contract shall be used for the performance of the ConsWCtion Contrect and to satisfy claims, if any, under any conslmction pcrfotmance bond. By the Contractor Pornishing and the Owner accepting this Bond, they agree Ihxt all Ponds earned by the Contractor in the performance of We Construction Contract are dedicated to satisfy oblgatioms of the Contractor and Surety under this Bond, subject to the Owners priority to use the funds for rho completion of the work. , S-2148lAS 6110 § 1 D The Surety shall not be Uabio to the Owner, Claimants or others for obligmions of the Coalmctor that am unrelated to We CoasW cdon Contract. The Owner shall not be liable for We payment of any costs or expenses of aoy Claimant under This Bond, and shall have under this Hood no obligation to make payments to, orgive notice on behalf of, Claiatanls or oWenvise have any obHgatlons to Claimants under this Dond. § 19 Tha Surety heroby wolves notice of any change, including changes of time, to We Cons Wction Conuact or to related subcontracts, purchase orders end other obligations. § 12 No suit or action shalt be coromenecd by a Claimant under this Bood other Wan in s court of cainpetentJurisdiction [n We state in which We project that is Wo subJcct of lha Constmedon ContrachLs located or after We expiration of ono year from We 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 We last labor or service was performed by anyone or the last materials or equipment wcm fumished by anyone under the Constmcdon Contract, whichever of (1) or (2) first occurs. If the provisions of this Pamgmph arc void or prohibited bylaw, We minimum period of Ilmimtion available to sureties as a defense in We jurisdiction of the suit shall be applicable. § 13 Notice and Claims to Wa Surety, We Owner or the Commetor shall be mailed or delivered to the address shown on We page on which thdr siganmre appears. Actual mceipt ofnotice or Claims, however accomplished, shalt be suf-cicnl compliance as of the date received. § 14 When Wis Bond has been firrnished to comply wiW a stamtory or other legal requirement in We looalion where tha cons Wcdon was to 6e performed, any provision in tlils Bond confllcUag wIW said statutory or legal requirement shall ba deemed deleted herofrom and provisions conforming to such stamtory or other legal requirement shall be deemed Incorpomled herein. When so furnished, We ialcul is Wat Wts Hond shall be conshvcd as a statutory bond and not as a common law bond. § 16 Upon request by any person or entity appearing to be a potential beneficiary o£Wts Bond, We Contractor and Owner shall promptly famish n copy of this -ond or shoo permit a copy to be meda. § 16 Detlnittons § 16.1 Claim. A written statement by We Claimant including at a minimum: .1 the name ofthe Cleimant•, ,2 We none of the person for whom Wo labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuanfto which labor, materials or equipment was famished for ase in We performance of the Construction Contract; .4 ebriafdescrlptfonofthelabor,maferialsorequipmentfurnished; ,8 We date on whichWaClaimmtlastperfotmedlabororlastfumishedmaterialsorequipmentforuseinWeperformanceofWe ConsWClion Contract .6 the total amount oamcd by the Clalment For labor, materiels or equipment famished es of the date of the Claun; 7 the total amount ofprovious paymenfsreceived by We Claimant; and .8 the total amount due and unpaid to Wo Claimant for labor, materials or equipment famished as of Wa date otihe Claim, § 16.2 Claimant. An individual or entity having a direct wnuact with the Contractor or with a subcontractor of the Cantmctor to fiunish labor, materials or equipment for use in fire performance of the Construction Contract. The term Claimant also includes any Individual orentity that has rightfully asseried o claim underan applicable mechazilo's Uen orshnUerstatute againstthereal property upon which the Protect is located. The intent of this Bond shall ba to include without limitation in We terros'labor, materiels or equipment" thin pan of vvateg gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in We ConstmcUOn Contract, archifecmml and engineering services required forperformance of the +vark of the Conlmeior end the Coahactor's subcontractors, and all other Items forwhich a mechanic'siien may be assened in Wcjurisdletion whero We labor, materiels or equipment were fiunfshed. § 16.3 Construction Contract. The agreement between We O+vner and Conhactor idenUUcd on the coverpoge, including all Contmet Documents and all changes made to the agreement and We Contract Documents. 5.21 A9lAS 8110 § 16.4 Owner De(auit. Lailure of the Owner, which has not been remedied orwaived, to pay the Contractor es rcqulrcd under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.6 Contract Documents. All the documents that comprise Ste 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 shell be deemed to be Subcontractor end the tetm Owner shalt be deemed to be Contractor. § 18 Modifications to this bond are as follows: (Space !s pravlded below ja• addillonnl signnnnes of added parties, o!lrer than !hare appearing an die cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Capaate Seal) Company: (CorparaleSeal) Signature: Signamre: Name and Title; Name and Title; Address Address 5-2149lAS 0/10 MERCHANTS BONDING COMPANYry POWER OF ATTORNEY Knew All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively calletl the "Companies"), and that the Companies do hereby make, constitute and appoint, indivldualty, DeRay Perry,Todd R Mary, Sally Perry, Angela Rae Miller, Staci Matheson, Karl F Baughman, Judith A Everheart of Idaho Falls and State of Idaho their true end lawful Atlomey-in-Fact, with full power and authority hereby conferred In their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other wdtten obligations in the nature thereof, suhJecl to the Ilmitalion that any such Instrument shall not exceed the amount of: THREE MILLION ($3,000,000.00) DOLLARS and tc bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and ali the acts of said Attorney-In-Fact, pursuant to the euthorlty herein given, are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys~in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company !hereto, hoods and undertakings, recognizances, contracts of indemnity and other writings obligatory in lha nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Altomey or Cedification thereof authorizing the execution antl tlelivery of any bontl, undertaking, recognizance, or other suretyship obligaticns of the Company, and such signature and seal when so used shall have the same force and elfecl as though manually fixed:' In Witness Whereof, the Companies have caused lhls Instrument to be signed and sealed This 5th day of August 2013 . ,,a4~110N,q~~%.. r ' i,°jr .eP~ ORq~ On i ..., '~ .p ~,G t Sj= 20D3 ;/,~ STATE OF IOWA •,~~~~ 'h,..~~S ~,v+ COUNTY OF POLK SS. ~~"""•"•""'rr,,, ~,.G .... ~p\N...~O.ljo, ;mO:~PPOq' .9'; .n:. -o- o;- ' a~'• 1933 : c: :mid . •~~~, q~.,,u .. `.k~; •....••~ MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. ~ C%'L ~~ President On Ihls Slh day of August 2013 ,before ma appeared Leny Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said InsWment was signed and sealed In behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my OOIc1aI Seal at the City of Des Moines, Iowa, the day and year first above written. rq MARANDA GREENWALT ~{^ ~ /7 F Cammisslon Numher 770312 /7 ~Odober tai 2014 p1rea (t, Jl Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. 1, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY exewted 6y said Companies, which Is sllll in full force and effect and has not been amended or revoked. In Wlness Whereof, I have hereunto sei my hand antl affixetl the seal of the Companies on this 13th day of August 2013 Ar v q'4.~9yc f~~~~~/ _e_ 0; 3; 1933 ~c' Secretary POA 0014 (11/11) {+ :~'1 AMEEL-1 OP ID: LY °RO- CERTIFICATE OF LIABILITY INSURANCE °AT(INNIfM1C ~~Y) 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 8Y 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(les) 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 holderin lieu of such endorsementfs). PRODUCER The Hartwell Corporation -Cal PO Boz 400 Caldwell, ID 83806 Raymond Wolte INSURED LAME Electric, Inc. 3621 Arthur Street Caldwell, ID 83605 Co COVERAGES CERTIFICATENUMRER: RFVIRInNNUMwFa• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BV 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 00 B POLICY NUMBER POLICY EFF MM/DD YYY POLICY E%P MI YY LIMITS GENERAL LIABIDTY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY X EPP0100242 10/01/12 10101113 PREMISES Ea occurrence S 500,00 CLAIMS-MADE OOCCUR MED EXP (Any one person) 3 10,00 PERSONALBADV INJURY 3 1,000,00 GENERAL AGGREGATE 3 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG 3 2,000,00 Poucr X PRO- LOC Emp Ben. s 11300000 AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT 1 000 00 Ee e<Citlenl , , A X ANY AUTO __ EBA0100242 10101112 10/01!13 BODILY INJURY (Per person) 3 ALL OWNED AUTOS SCHEDULED AUTOS eODILY INJURY (Par eccitlenq S HIRED AUTOS NON-OWNED AVTOS PROPERTY DAMAGE Pereaitlanl 3 S J( UMBRELLA LIAR X OCCUR EACH OCCURRENCE S 4,000,00 A Excess LlAB CLAIMS-MADE EPP0100242 10101112 10101/13 gcGREGATE S 4,000,00 DED X RETENTIONS 0 S WORKERS COMPENSATION ANDEMPLOYERS' LIABILITY X WC STATU- OTH- B ANY PRDPRIETORR'ARTNERIEXECUTIVE Y/N OFFICER/MEMBER E%CLU W ~ N/A 081757X25213 01101/13 01101174 E.L. EACH ACCIDENT 3 1,000,00 OE IMantlalary In NH) E.L. DISEASE •EA EMPLOYEE S 1,000,00 DESCRIPTION OF OPERATIONS below E.L. OISEARE-POLICY LIMIT 3 1,000,00 A Inland Marine EPP0100242 10/01!12 10/01/13 Renfal Eq 100,00 Leased/Rented Eq. Ded 50 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (AnecR ACORD let, Atltlilianal Remer%s ScRetlule, Ir mars space Is requlrsU) Certificate holder is named as an additional insured regarding the project for: Well 20 Sites Well 2A Well 19 Control 9yatem Upgrades par form GA 233 02 07 included. City of Meridian 33 East Broadway Ave Meridian, ID 83642 CITME-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORED REPRESENTATIVE ~~ ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD AMEEL-1 OP ID: '~~ °RO CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/VYYV/ na/nal~z 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 certtflcate does not confer rights to the PRODUCER The Hartwell Corporation -Cal PO Box 400 Caldwell, ID 83606 Raymond Wolfe INSURED 3621 Arthur Caldwell, ID 208.454-11 The COVERAGES CERTIFICATE NUMBER: REVISION Nl1MBER~ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ', CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BV 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 A D B .--------- -- _ - .POLICY EFF POLICY E%P~ ~-~--~--_ _-- POUCV NUMBER MMIOD/YYYV MMI001Y1'YY OMITS GENERAL LUIBILITY EACH OCCURRENCE 3 1,000rOO A X COMMERCIAL GENERAL LIABILITY X EPP0100242 10101112 10/01/13 DATAA"G"€TO7tENTE6 PREMISES (Ee occunence) 3 _ 600,00 -.______ CLAIMS-MADE X OCCUR ~ MED EXP IPny one perean) 3 10,00 _. _. _. _ PERSONALSADV INJURY 3 1,000,00 _..___ _. I .__ GENERAL AGGREGATE S 2,000,00 ___ __ GEN'L AGGREGATE LIMIT APPLIES PEft'. PRODUCTS-COMP/OP AGG 3 2,000,00 PDUCV X PRO- LOC Emp Ben. S 1/300000 AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT 600 1 00 Ea accitlenl _ , ~ x A X ANY AUTO EBA0100242 10/01112 10/01113 BODILY INJURY (Per parson) S - ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY IPer eccitlen0 -'-"- S _ HIRED AUTOS NON-OWNED AUTOS PROPERTY DAMAGE Per eccitlent -__- $ -. . - - _ S X UMBRELLA LIAR X OCCUR EACH OCCURRENCE S 4,000,00 A EXCESS LIAR _ CIAIMS-MADE EPP0100242 10101/12 10!01113 gGGREGATE S 4,886,68 DED X RETENTIONS 6 S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY X WC STATU- OTH~ B ANY PROPRIETORNARTNER(E%ECUTIVE YIN ' U81757X26213 01101/13 01/01/14 E L. EACH ACCIDENT _ 1x666,66 3 OPPICERlMEMBER E%CLUOED9 N/A _ _ (Mandatory in NH) E. L. DISEASE-EA EMPLOYEE E 1,006x66 Il yyes, describo under --- -- DESCRIPTIONOpOPERATI0N5below E.L. DISEASE-POLICY LIMIT S 1,666,66 q Inland Marine EPP0100242 10/01112 10IOt113 Rental Eq 100,00 LeasedlRented Eq. Ded 60 DESCRIPTION OF OPERATIONS! LOCATIONS / VEMICLE9 (ADach ACORD t01, Atltlitlonel Remarks Schedule, If mere specs la required) Certificate holder is named ae an additional insured regarding the project for: Well 20 Sites Well 24 Well 14 Control System Upgrades per form GA 233 02 07 included. City of Meridian 33 East Broadway Ave Meridian,ID 83642 CITME-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH 7HE POLICY PROVISIONS, ~~ ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name antl logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A, Endorsement-Table of Contents: Coveraae: Begins on Paae: 1. Employee BenefitLlabilityCoverage ................................................................... ...............................2 2. Unlntentlonal Failure to Disclose Hazards ........................................................... ...............................7 3. Damage to Premises Rented to You .................................................................... ............................... 8 4. Supplementary Payments .................................................................................... ............................... 9 5. Medical Payments ................................................................................................. ............................... 9 6, Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.) .......................................................................... ............................... 9 1. 180 Day Coverage for Newly Formed or Acquired Organizalions ..................... .............................10 8. Waiver of Subrogation .......................................................................................... .............................10 9, AutomatlcAdditionallnsured-SpecifiedRelationships : ................................... .............................10 • 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 Contractual Liability- 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. Llmlts of Insurance: The Commercial General Liability Limits of Insurance apply to the Insurance pro vided by this endorse- ment, except as provided below: 1. Employee Benefit Llabllky Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible: $ 1,OOD 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown in the Declarations; or b. $500,000 unless otherwise stated $ d, Supplementary Payments a, Ball bonds: $ 1,000 b. Loss of earnings: $ 350 5, Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc„ with Its permission. Page 1 of 15 6, Voluntary Property Damage (Coverage a,) and Care, Custody or Control Liablltty Coverage (Coverage b.) Llmlts of Insurance (Each Occurrence) Coverage a. $1,000 Coverage b, $5,000 unless otherwise stated Deducilbles (Each Occurrence) Coverage a. $250 Coverage b. $250 unless othanvlse stated COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM (a) Area b Payroll (For Limits In Excess of (For Limits In Excess of c Gross Sales $5,000) $5,000) {d) Units e Other b. Care, Custody $ or Control TOT AL ANNUAL PREMIUM 11. Property Damage to Borrowed Equipment Eacn Occurrence Llmlt: $ 10,000 Deductible: $ 250 C. Coverages: have used up the ap- 1. Employee 8eneflt Llabllity Coverage plicable Ilmit of insur- ance in the payment of a. The following is added to SECTION I Judgments or settle- • COVERAGES: Employee Benefit ments. Llabllity Coverage. No other obligation or liabi4- (1) InsuringAgreement ity to pay sums or perform acts m' 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- b ror or omission of the In- () This insurance a lies to Pp sured, or of any other per- damages only if the act, ar- son for whose acts the in- ror or omission, Is negll- sured is legally liable, to gently committed In the which this insurance ap- administration" of your " plies. We will have the right employee benefit pro- and duty to defend the In- gram"; and sured against any "suit" 1) Occurs during the pol- seeking those damages. Icy period; or However, we will have no duty to defend against any 2) Occurred prior to the "suit" seeking damages to effective date of this which this Insurance does 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 suit. Bul: fective date of ihls endorsement, 1) The amount we will pay for damagoa is limited Yrni will he as described in SEC- deemed to have TION III -LIMITS OF knowledge of a INSURANCE; and claim or "suit" when any 2) Our right and duty to "authorized repre- defend ends when we sentative"; Includes copyrighted material of Insurance GA 233 02 07 Services OfFlce, inc., with its permission. Page 2 of 15 1) Reports all, or formance of investment any part, of the vehicles; or act, error or omission to us 3) Advice given to any or any other person wilh respect to Insurer; that person's decision to participate or not to II) Receives a participate In any plan written or ver- included in the "em- bal demand or ployee benefit pro- claim for dam- gram". ages because of the act, er- (f) Workers' Compensation ror or orris- andSlmllarLaws Sion; and Any claim arcing out of b) There is no other your failure to comply with applicable Incur- the mandatory provisions of ante. any workers' compensation, unemployment compensa- (2) Exclusions Lion Insurance, social secu- Thi s Insurance does not apply rity or disability benefits law to: or anysimllarlaw. (a) Bodily Injury, Property 19) ERISA Damage or Personal and Damages for which any in- Advertlsing Injury cured Is liable because of "Bodil In u ro art y j ry'~~ P p Y " " liability Imposed on a flduci- ary by the Employee Re- damage or personal and " tlrement Income Security advertising Injury . Act of 1974, as now or (b) Dishonest, Fraudulent, hereafter amended, or by Criminal or Malicious Act any similar federal, state or local laws. Damages arising out of any intentional, dishonest, h ( ) Available Beneflfs fraudulent, criminal or mall- Any claim for benefits to the clous act, error or omission, extent that such benefits committed by any Insured, are available with reason- Including the willful or rack- , able effort and cooperation less violation of any statute. of the Insured, from the ap- (e) Failure to Perform a Con• pitcable funds accrued or tract other collectible insurance. Damages arising out of fail- (I) Taxes, Fines or Penalties ure of performance of con- Taxes, floes or penalties tract by any insurer. , Including those Imposed (d) Insufficiency of Funds under the Internal Revenue Code or any similar state or Damages arising out of an local law. insufflclency of funds to meet any obligations under ~) Em to ment•Related c e any plan Included In the pra tic s "employee benefit pro- " Any liability arising out of gram . any: (e) Inadequacy of Perform- (1) Refusal to employ; ante of Investment / Ad- vice Given Wlth Respect (2) Termination of em- to Participation ployment; Any claim boacd upon: (3) Coercion, demotion, 1) Failure of any Invest- evaluation: reassign- ment, discipline, defa- ment to perform; mation, harassment, 2) Errors in providing in- humiliation, discrimina- formation on past per- lion or other employ- Includes copyrighted material of Insurance GA 233 02 O7 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 1 - COVERAGES, SUPPLEMENTARY PAY- MENTS • COVERAGES A AND B also apply to this Coverage, b. Who is an Insured As respects Employee Benefit Liabll- Iry Coverage, SECTION II -WHO IS AN INSURED is deleted In its en- tireryand replaced by the following: (1) If 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 you are the sole owner. {b) A partnership or joint ven- ture, you are an insured. Your members, your part- ners, and their spouses are also insureds but only with respect to the conduct of your business. (c} A limfted 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 duties as your managers. (d) An organization other than a partnership, olnt venture or limited liabil ry company, you are an Insured. Your "executive officers" and di- rectors ere Insureds, but only with respect to their duties as your officers or di- rectors. Your stockholders are also insureds, but only with respect to their liability as stockholders. (e) A trust, you are an Insured. Your trustees are also in- sureds, but only with re- spect to their duties as trustees. (2) Each of the following (s also an Insured: (a) Each of your "employees" who is or was authorized to administer your "empbyee beneft program". (b) Any persons, organizations or "employees" having proper temporary aulhorl- zation to administer your "employee benefit program" ifyou die, but only untilyour legal representative is ap- pointed. (c) Your legal representative if you die, but only with re- spect to dudes as such. That representative will have all your rights and du- ties under this Coverage Part. (3) Any organization you newly as quire or form, other than a part- nership, joint venture or limited liability company, and over which you maintain ownership or majority Interest, will qualify as a Named Insured if no other similar Insurance applies to that organization. However, cover- age under this provision: (a) Is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and (b) Does not apply to any act, error or omission that was committed before you ac- quired or formed the or- ganization. c Limits of Insurance As respects Employee Benefit LieblF ity Coverage, SECTION III -LIMITS OF INSURANCE Is deleted In Its en- tiretyand replaced by the following: (1) The Limits of Insurance shown In Section B. Llmlts of Insur- ance, 1. Employee Benefit LF ability Coverage and the rules below fix the most we will pay regardless of the number of: (a) Insureds; Includes copyrighted material of insurance GA 233 02 07 Services OfFlce, 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 or anizations () 9 applies to all damages sustained by any one em- making claims or bringing " ' loyee", Including such P suits ; employee's" dependents (d) Acts, errors or omisslons; or and beneficiaries, because of all acts, errors or omis- (e) Benefits Included in your signs to which this insur- "employee beneft pro- ance applies. gram". (c) The terms of this Insurance, (2) The Aggregate Limit shown in including those with respect Section B. Llmlts of Insurance, to; 1. Employee Benefit Llabllky Coverage of this endorsement 1 Our rl ht and dut to ) 9 Y is the most we will pay for all defend the Insured damages because of acts, er- against any suits' rors or omissions negligently seeking those dam- commltted in the "administra- ages; and lion" of Your "employee benefit ' 2) Your duties, end the program , duties of any other in- (3) SubJect to the limit described in volved Insured, In the (2) above, the Each Employee event of an act, error or Limit shown in Section B. Llmlts omission, or claim, of Insurance, 1. Employee apply irrespective of the Beneflt Llabllky Coverage of apphcallon of the deductible this endorsement Is the most we amount. will pay for all damages sus- tained by any one "employee", (d) We may pay any part or all Including damages sustained by of the deductible amount to such "employee's" dependents effect settlement of any and beneficiaries, as a result of: claim or "sulY and, upon (a) An act, error or omission; or notification of the action taken, you shall promptly (b) A series of related acts, er- reimburse us for such part rors or omisslons, regard- of the deductible amount as less of the amount of time we have paid. that lapses between such d. Additional Conditions acts, errors or omissions, negligently committed in the As respects Employee Benefit LI- "adminlstratlon" of our "errr y ability Coverage, SECTION IV - COMMERCIAL GENERAL LIABIL- ployee benefit program". In CONDITIONS Is amended as However, the amount paid un- follows: der this endorsement shall not (1) Item 2. Duties In the Event of exceed, and will be subject to Occurrence, Offense, Claim or the limits and restrictions that Sult is deleted in Its entirety and apply to the payment of benefits " replaced by the following: in any plan Included in the errr ployee benefit program". 2. Duties In the Event of an Act, Error or (4) Deductible Amount Omission, or Claim or Sult a Our obli atlon to a dam- () g P y a. You must see to It that we are notl- fled as soon as practicable of an act, ages on behalf of the in- error or omission which may result in sured applies only to the a claim. To the extent possible, no- amount of damages In ex- lice should Include; cess of the deductible amount stated in the Decla- (1) What the act, error or omission rations as applicable to was and when tt occurred; and Each Employee, The limits 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 aci, error or omission. Includes copyrighted material of Insurance GA 233 02 07 Services Offce, Inc., with its permission. Page 5 of 15 b. If a claim is made or "suit" is brought against any insured, you muss: (1) Immediately record the speclfcs of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to II that we receive written notice of the claim or "suit" as soon as practicable. c. You and any ocher 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) Cooperate with us In the Investi- gation or settlement of the claim or defense against the "suit"; and (4) Assfst us, upon our request, In the enforcement of any right against any person or organiza- tion which may be liable to the insured because of an act, error or omission to which this Insur- ance may also apply. d. No insured will, except at that In- sured's own cost, voluntarily make a payment, assume any obligation, or incur any expense without our con- sent. (2) Item 5. Other Insurance is de- leted in its entirety and replaced by the following: 5. Other insurance If other valid and collectible Insurance is available to the Ensured for a loss we cover under this Coverage Part, our obligations are 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 lho othor insuronco is also primary. Then, we will share with all that other Insurance by the method described in b. below. b. Method of5haring If all of the other insur- ance permits contribu- lion by equal shares, we will follow this method also. Under this approach eadt In- surer contributes equal amounts until It has paid its applicable Ilmlt of insurance or none of the loss remains, whichever comes first, If any of the other in- surance does not per- mit contribution by equal shares, we will contribute by limits. Under this method, each Insurer's share Is based on the ratio of Its applicable limit of in- surance to the total ap- plicable limits of Insur- ance of all Insurers, c. No Coverage This Insurance shall not cover any loss for which the insured is entitled to recovery un- der any other Insur- ance in force previous to the effective date of this Coverage Part e. Additional Definitions As respects Employee Benefit LI- abllity 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 beneflciar(es, with re- spect to eligibility for or scope of "empbyee benefit programs", b. Interpreting the "em- ployee benefit pro- grams'; c. Handling records in connection with the "employee benefit pro- grams"; or d. Effecting, continuing or terminating any "em- ployee's" participation Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with Its permission. Page 6 of 15 GA 233 02 07 in any benefit Included benefits, workers' com- in the "employee bane- pensation and disability fit program'. benefits; and However, "adminlslratlon" d. Vacation plans, includ- does not Include: ing buy and sell pro- a. Handlln a roll de- 9 P Y grams; leave of ab- i ductions; or Bence programs, n- eluding military, mater- b. The failure fo effect or hlly, family, and CIViI maintain any insurance leave; tuition assis- or adequate limits of lance plans; transpor- coverage of insurance, tattoo and health club Including but not limited subsidies. to unemployment in- (2) The following definitions are surance, social security ' deleted in their entirety and re- benefits, workers com- placed by the following: pensatlon and disability benefits. 21, "Suit" means a civil pro- 2. "Cafeteria plans" means ceeding In vdnlch money damages because of an plan authorized by applica- act, error or omission to ble law to allow "employ- " which this Insurance applies ees to elect to pay for car- are alleged. "Suit" Includes: fain benefits with pre-tax dollars. a. An arbitration pro- 3, "Employee benefit pro- " ceeding in which such damages are claimed grams means a program and to which the in- providing some or all of the sured muss submit or following benefits to "em- does submit with our ployees", whether provided consent; through a "cafeteria plan" or otherwise: 6. Any other alternative a, Group Ilfe insurance; dispute resolution pro- ceeding In which such group accitlent or damages are claimed health insurance; den- and to which the In- tal, vision and hearing sured submits with our plans; and flexible consent; or spending accounts; provided that no one c. An appeal of a civil other than an "em- proceeding. ployee" may subscribe to such benefits and 8. "Employee" means aper- suchbenefits are made son actively employed, for- generally available to merly employed, on leave those "employees" who of absence or disabled, or satisfy the plan's eligi- retired. "Employee" in- bilityrequlremenis; eludes a "leased worker". "Employee" does not in- b. Profit sharing plans, elude a "temporary worker", employee savings plans, employee stock 2. Unintentional Failure to Disclose Haz- ownership plans, pen- ards slon plans and stock subscription plans SECTION IV -COMMERCIAL GENERAL , provlded that no one LIABILITY CONDITIONS, 7. Represen- other than an "ertr tattoos Is hereby amended by the addl- ployee" may subscribe tlon of the following: to such benefits end such benefits are made Based on our dependence upon your representations as to existing hazards if generally available to , wiinte ntiunally you should fail to disclose all "employees" who all such hazards at the Inception date of are eligible under the your policy, we will not reject coverage plan for such benefits; under this Coverage Part based solely on c. Unemployment insur- such (allure, once, social security Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of'15 3, Damage to Premises Rented to You e) Settling, cracking, a. The last Subparagraph of Paragraph shrinking or ex- pansion; or t. SECTION i - COVERAGES, COVERAGE A. -BODILY INJURY f) Nesting or Infesta- AND PROPERTY DAMAGE, 2. LI- tlon, or discharge ABILITY Excluslons is hereby de- or release of leted and replaced by the following: waste produds or Exclusions c. through q. do not appplyy secretions, by in- sects birds ro- to damage oy fire, explosion, I(ght- , , dents or other Wing, smoke or soot to premises animals while rented to you or temporarily . occupied by you with permission of (b) Loss caused directly or Indl- the owner, redly by any of the follow- b. The Insurance provided under SEG ing: TION I -COVERAGES, COVERAGE ~) Earthquake, volcanic A. BODILY INJURY AND PROP- eruption, landslide or ERTY DAMAGE LIABILITY applies any other earth move- to "properly damage" arising out of ment; water damage to premises that are both rented to and occupied by you. 2 Water that backs u ) p or overtlows from a (1) As respects Water Damage Le- sewer, drain or sump; gal Liability, as provided In Paragraph 3.b. above: 3) Water under the ground surface press- The exclusions under SECTION Ing on, or flowing or I -COVERAGES, COVERAGE seeping through: A. BODILY INJURY AND PROPERTY DAMAGE LIABIL- a) Foundations, ITY, 2. Excluslons, other than I, walls, floors or War and the Nuclear Energy paved surfaces; Llabllky Exclusion, are deleted b) Basements and the following are added: , whether paved or This Insurance does not apply not; or to: c) Doors, windows or (a) "Property damage": other openings. 1) Assumed In any con- (c) Loss caused by or resulting tract; or from water that leaks or flows from plumbing, heat- 2) Loss caused by or re- Ing, air conditioning, or fire suiting from any of the pprotection systems caused following: by or resulting from freez- a) Wear and tear; Ing, unless: b) Rust, corrosion, ~) You did your best to r t fungus, decay, bulldingorstructu re; oe deterioration, hid- den or latent de- 2) You drained the fect or any quality equipment and shut off In properly that the water supply if the causes it to dam- heat was not main- age or destroy it- talned. self; (d) Loss to or damage to: c) Smog; 1) c e g~ ~r d) Mechanical ondionng, flre pro breakdown In- tection systems, or cluding rupture or other egwpment or ap- bursting caused pliances; or centrifugal force; 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 from rain, snow, sleet or Ice, whether driven by wind or not. c. Llmlt of Insurance The Damage to Premises Rented to You Limit as shown in the Declara- tions (s amended as follows: (2) Paragraph 6. of SECTION III - LIMITS OF INSURANCE Is hereby deleted and replaced by the following: 6. Subject to 5, above, the Damage to Premises Rented to Yau Limit is the most we will pay under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, for damages because of "property damage" to premises while rented to you or temporarily occupied y you with permission of the owner, arising out of any one "occurrence" to which this Insurance ap- plies. (3) The amount we will pay is liar ited as described in Secticn B. Llmlts of Insurance, 3. Dam- age to Premises Rented to You ofthis endorsement. 4. Supplementary Payments Under SECTION I -COVERAGE, SUP- PLEMENTARY PAYMENTS - COVER- AGES AAND B: a. Paragraph 2. is replaced by the fol- lowing: Up to the Ilmlt shown In Section B. Llmlts of Insurance, 4.a. Bail Bonds of this endorsement for cost of bail bonds required because of accidents or trafOc law violations arising out of the use of any vehicle to which the Bodily InJury Liability Coverage ap- plies. We do not have to furnish these bonds. b, Paragraph 4, is replaced by the fob lowing; All reasonable expenses incurred by the Insured at our request to assist us in the investigation or defense of the claim or "suit", Including actual loss of earnings up to the limit shown in Section B. Limits of Insurance, 4.b. Loss of Earnings of this en- dorsement per day because of time off from work. 5. Medlcal Payments The Medical Expense Limit of Any One Person as stated in the Declarations is amended to the Iimlt shown in Section B. Limits of Insurance, 5, Medlcal Pay- ments ofthis endorsement. 6. Voluntary Property Damage and Care, Custody or Control Llabilty Coverage a. Voluntary Property Damage Cov- erage We will pay for "property damage" to property of others arising out of op- erations Incidental to the Insured's business when: (1) Damage is caused by the in- sured; or (2) Damage occurs while in the in- sured's possession. With your consent, we will make these payments regardless of fault. b. Care, Custody or Comrol Llabliky Coverage SECTION I -COVERAGES, COV- ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, J. Damage to Property, Subparagraphs (3), (4) and (5) do not apply to "properly damage" to the property of others described therein. With respect to the Insurance provided by this section of the endorsement, the fo4- lowing additional provisions apply: a, The Limits of Insurance shown In the Declarations are replaced by the Iim- Its designated in Section B. Llmlts of Insurance, 6, Voluntary Property Damage and Care, Custody or Control Liabllky Coverage of this endorsement with respect to cover- age provided by this endorsement. These limits are inclusive of and not In addition to the IimRs being re- placed. The Limits of Insurance shown in Section 6. Llmlts of Insur- ance, 6. Voluntary Property Dam- age and Care, Custody or Control Liability Coverage of this endorse- ment Flx the most we will pay in any one "occurrence" regardless of the number of: (1) Insureds; (2) Cialms made or "suits" brought; or (3) Persons or organizations mak- ing claims or bringing "suits". Includes copyrighted material of Insurance GA 233 02 O7 Services Offce, Inc., with its permission. Page 9 of 15 b. Deductible Clause (1) Our obligation to pay damages on your behalf applies only to the amount of damages for each "occurrence" which are In ex- cess of the deductible amount stated in Section B. Llmlts of Insurance, 6. Voluntary Prop- erty Damage and Care, Cus- tody or Control Liability Cov- erage of this endorsement, The limits of Insurance will not be re- duced by the appllcatlon of such deductible amount. (2) Condition 2. Duties In the Event of Occurrence, Offense, Claim or Sult, applies to each claim or "suit" Irrespective of the amount. (3) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the ac- tion taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 7. 180 Day Coverage for Newly Formed or Acquired Organizations SECTION II -WHO IS AN INSURED Is amended as follows: Subparagraph a, of Paragraph 4. Is hereby tleletetl antl replacetl by the Tol- lowl~g: a. Insurance under this provision Is af- forded only until the 180th dayy after you acquire or form the organlzatlon or the end of the policy period, whichever Is earlier; 8, WalverofSubrogatlon SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS, 9. Transfer of Rights of Recovery Against Others to Us Is hereby amended by the addition of the following: We waive any right of recovery we may have because of payments we make for injury or damage arising out of your on- going operations or "your work" done un- der a written contract requiring such waie'er with that person or organization and Included In the " roducts-completed operations hazard". However, our rights may only be waived prior to the "occur- rence" gluing rise to the injury or damage fur which we make payment under this Coverage Part, The insured must do nothing after a loss to impair our rights. At our request, the Insured will bring "suit" or transfer those rights to us and help us enfcrce those rights. 9. Automatic Additional Insured - Specl- fled Relationships a- The following Is hereby added to SECTION II-WHO IS AN INSURED: (1) Any person or organization de- scribed In Paragraph 9,a.(2) below (hereinafter referred to as addlllonal Insured) whom you are required to adtl as an adtll- tional Insured under this Cover- age Part by reason of: (a) A written contract or agreement; or (b) An oral agreement or con- tract where a certlflcate of insurance showing that per- son or organization as an additional Insured has been Issued, Is an Insured, provided (a) The written or oral contract or agreement is: 1) Currently In effect or becomes effective during the policy pe- riod; and 2) Executed prior to an "occurrence" or offense to which th(s insurance would apply; and (b) They are not specifically named as an addlllonal In- sured under any other pro- vision of, or endorsement added to, this Coverage Part. (2) Only the following persons or organizations are addlllonal in- sureds under this endorsement, and insurance coverage pro- vided to such addlllonal In- sureds is limited as provided herein: (a) The manager or lessor of a premises leased to you with whom you have agreed per Paragraph 9.a.{1) above to provide insurance, but only with respect to liability aris- ing out of the ownership, maintenance or use of that part of a premises leased to you, subject to the following addlllonal exclusions: This Insurance does not apply to: 1) Any "occurrence" which takes place after Includes wpyrighted material of Insurance GA 233 02 07 Services Office, Inc., with Its permission, Page 10 of 15 you cease to beaten- c) Any physical or ant in that premises, chemical change 2) Structural alterations, In the product made intentionally new construction or by the vendor; demolition operations 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 , testing, or the equipment with whom you substitution of have agreed per Paragraph parts under in- 9-a.(1)obove to provide n- structions from the surance. Such person(s) or manufacturer, and organization(s) are insureds then repackaged solely with respect to their in the original liability arising out of the container; maintenance, operation or use by you of equipment e) Any failure to leased to you by such per- make such In- son(s) or organizations(s). spections, edjust- However, this insurance menis, tests or does not apply to any "oc- servicing as the currence" which takes Place vendor has after the equipment lease agreed to make or expires. normally under- (c) Any person or organization takes to make in the usual course (referred to below as van- of business In dot) with whom you have , connection with agreed per Paragraph the distribution or 9,a.(1) above to provide m- sale of the prod- surance, but only with re- " " ucts; spect to bodily Injury or °plOpe1ly damage" al`ISing Q DemOn5h a11Un, in- out of "your products" which stallatlon, servlc- are distributed or sold in the ing or repair op- regular course of the van- erations, except dot's business, subject to such operations the following additional ex- pertormed al the cluslons: vendor's premises 1) Thelnsurance afforded in connection with the sale of the the vendor does not product; apply to: a) "Bodily injury" or 9) Products which, after distribution or "property damage" sale by you, have for which the van- been labeled or dot is obligated to relabeled or used a dama es b p y g y as a container, reason of the as- part or Ingredient sumption of IiabiF of any other thing ity in a contract or or substance by or agreement. This forthevendor exclusion does not . apply to liability for 2) Thls Insurance does damages that the not apply to any in- vendor would sured person or or- have in the ab- ganlzatlon: sence 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 11 of 15 companying or 2) Thls insurance does containing such not apply to "bodily in- products; or jury", propedy dam- b) When liability In- age" or "personal and advertising Injury" aris- eluded within the " ing out of operations products- performed for the state completed opera- " or political subdivision. lions hazard has been excluded under this Cover- (f) Anyy person or organization with which you have agreed age Part with re- per Paragraph 9,a.{1) sped to such above to provide Insurance, products. but only wish respect to II- (d) Any state or political subdi- ability arising out of 'your work" performed for that vision with which you have additional insured by you or agreed per Paragraph on your behalf. A person or 9.a.(1) above to provide In- organization's status as an surance, subject to the fol- Insured under this provision lowing additional provision: of this endorsement contin- This Insurance applies only ues for only the period of with respect fo the following time squired by the written hazards for which the stale contract or agreement, but or political subdivision has in no event beyond the ex- issued a permit In connec- piration date of this Cover- tion with premises you own, age Part. If there is no rent or control and to which written contract or agree- ihis Insurance applies: ment, or if no period of time Is required by the written i) The existence, mainte- contract or agreement, a nonce, repair, con- person or organization's struction, erection, or status as an Insured under removal of advertising this endorsement ends signs, awnings, cano- when your operations for pies, cellar entrances, 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- (a) Subparagraphs (e) and (f) lions and similar expo- does not apply to "bodily surest or Injury" or "property damage" 2) The construction, erec- included within the "prod- tlon, or removal of ale- ucts-completed operations vafors;or hazard"; 3) The 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 . advertising injury" arising (e) Any state or political subdi- out of the sole negligence vision with which you have or willful misconduct of the agreed per Paragraph 9.a.(1) above to provide in- additional Insured or their agents, "employees" or any surance, subject to the fol- other representative of the lowing provisions: additional insured; or 1) This Insurance applies (c) Subparagraph ( does not only with respect to op- apply to "bodily Injury", erations performed by "property damage" or "per- you or on your behalf sonal and advertising injury" for which the state or arising out of: political subdivision has issued apermit. i Defects in desi n fur- ) g nished 6y or on behalf Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with Its permission. Page 12 of 15 of the additional in- spects any other Insurance sured; or policy issued to the addi- 2) The rendering of, or tional Insured, and such other insurance policy shall failure to render, any be excess and ! or noncon- professional archtleo- iribuling, whichever applies, tural, engineering or with this Insurance, surveying services, in- cluding: {b) Any Insurance provided by a The re grin , p p 9 this endorsement shall be primary to other Insurance approving or fail- available to the additional Ing to prepare or Insured excepT. approve maps, shop drawings, 1) As otherwise provided opinions, reports, in SECTION IV - surveys, field or- COMMERCIAL GEN- ders, change or- ERAL LIABILITY ders or drawings CONDITIONS, 5. Other and specifications; Insurance, b. Excess and Insurance; or b) Supervisory, In- 2) For any other valid and spection, erchl- collectible Insurance tectural or engl- available to the addl- neering activities. tional Insured as an 3) "Your work" for which a additional Insured by attachment of an en- consolldated (wrap-up) dorsement to another Insurance program has Insurance policy that is been provided by the written on an excess primecontractor-project basis. In such case, manager or owner of the coverage provided the construction project under this endorse- in which you are In- ment shall also be ex- volved. cess. b. Only with regard to insurance pro- (2) Condition 11. Conformance to vlded to an additional Insured tlesig- Specific Written Contract or Hated under Paragraph 9.a.(2) Sub- Agreement is hereby added: paragraph (~ above, SECTION III - LIMITS OF INSURANCE is amended 11, Conformance to Specific to Include: Written Contract or The Ilmits 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 Tess. If no limits are speclfled in the written contract If a written contract or or agreement, or if there Is no written agreement between you contract or agreement, the limits ap- and the additional Insured placable to the additional Insured are specifies that coverage for those speclfled In the Declarations of the additional Insured: this Coverage Part. The Ilmits of in- a, Be provided by the In- surance are inclusive of and not in surance Services Of- addltion to the limits of Insurance flce additional Insured shown in the Declarations, form number CG 20 10 c. SECTION IV -COMMERCIAL GEN- or CG 20 37 (where ERAL LIABILITY CONDITIONS Is edition specified); or hereby amended as follows: b. Include coverage for (1) Condfllon 5. Other Insurance is completed operations; amended to Include: or (a) Where required by a written c. Include coverage for contract or agreement, this "your work"; Insurance is primary and / and where the limits or cov- or noncontributory as re- erage provided to the addi- Includes copyrighted material of Insurance GA 233 02 07 Services Office, 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 9.b. above, or any combination thereof, shall be Interpreted as providing the Ilmits or coverage required by the terms of the written contract or agreement, but only to the extent that such limits or coverage Is Included within the terms of the Coverage Part to which this endorse- ment is attached. If, how- ever, the written contract or agreement specifies the In- surance Services Office additional Insured form number CG 20 10 but does not specify which edition, or specifies an edition that does not exist, Paragraphs 9.a.(3)(a) and 9.a.(3)(b) of this endorsement shall not apply and Paragraph 9.b. of this endorsement shall ap- PIY 10. Broadened Contractual Liability-Work Wlthln 50' of Railroad Property It Is hereby agreed that Paragraph f.(1) of Definition 12. "Insured contract" (SEC- TION V -DEFINITIONS) Is deleted. 11. Property Damage to Borrowed Equlp• ment a. The following Is hereby added to Ex- clusion J. Damage to Property of Paragraph 2., Exclusions of SEC- TION I • COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTYDAMAGE LIABILITY: Paragraphs (3) and (4) of this exclu- sion do not apply to tools or equip- ment loaned to you, provided they are not being used to perform opera- tions at the time 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 limits are Inclusive of and not in addition to the limits being replaced. The Limits of Insurance shown fn Section B. Limits of Insurance, 11. of this endorsement fix the most we will pay In any one "oc- currence" regardless of the number of: (a) Insureds; (b) Claims made or "subs" brought; or (c) Persons or organizations making claims or bring "suits". (2) DeductlbleClause (a) Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are In excess of the Deductible amount staled in Section B. Llmlts of Insur- ance, 11, of this endorse- ment. The Ilmits of Insur- ance will not be reduced by the application of such De- ductible amount. (b) Condition 2. Duties In the Event of Occurrence, Of- fense, Claim or Sult ap- plies to each claim or "suit" irrespective of the amount. (c) We may pay any part or all of the deductible amount to effect scttlcmcnt of ony 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 INSURED, does not apply to your "em- ployees" who provide professional health care services on your behalf as duly II- censed: a. Nurses; 6. Emergency Metlical Technicians; or c. Paramedics, in the Jurisdiction where an "occurrence" or offense to which this Insurance applies takes place. 13. Broodened Notice of Occurrence Paragraph a, of Condition 2. Duties In the Event of Occurrence, Offense, Claim or Suit (SECTION IV - COMMER- CIAL GENERAL LIABILITY CONDI- Includes copyrighted matedal of Insurance GA 233 02 07 Services Office, Inc., with its permission, Page 14 of 15 TIONS) 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" or an offense which may result in a claim. To the eMent possible, notice should Include: {i) How, when and where the "oc- currence" or offense 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 arising out of the "occurrence'oroffense. This requirement applies only when the "occurrence" or offense Is known to an "authorized representative", Includes copyrighted material of Insurance GA 233 02 07 Services Offce, Inc., with Its permission. Page 15 of 15 Untitled Page Login Public Contractor Search PERMITS LICENSE PUBLIC WORKS VIOLATIONS ELEVATORS Div~sinn of f~vi Idi h~. Sa f e~y Public Works Search - searcn Again Download Results Printable View Page 1 of 1 Company Nan1e License Number Work Catepory(sf License Tvpe License Class Status AppliC< A.M.E. Electric, Inc. PWC-C-11544 16000, 02500 4 AA ACTIVE A.M.E. ~ ~ ~ Page: 1 of 1 Details -License Number: PWC-C-11544 Lic Info ~ Bus Lic1f Fees $1,400.00 Registration# PWC-C-11544 ISSUe: 9/25!2012 Expire : 9/30!2013 Type: PUBLIC WORKS Sub-Type: AA Status: ACTIVE ComplName: A.M.E. Electric, Inc. Address/ :3621 Arthur Street Clty, State, 7_ip CALDWELL, ID 83605 PhOne:(208)459-8959 Cell: (208) 965-5115 Pager: Fax: (208)459-8140 Owner Narne: Home ~ CONTACT US P,rrrered by ~~ ~ ~~ j ~ SYSTEMS https://data.dbs.idaho.govBtrakit2/Idaho_PublicWorksSearchRslts.aspx 8/8/2013 i,~~v~ viewing tsustness ~ntzty Page 1 of 2 ~~ ~~~'~ I®AHO SECRETARY ®F STATE ~` x ,r a`~ '~~f'r~~ Viewing Business Entity ~~r.:_ •f•~"'~i,~~~~ 4 ~~r'k O~ Ben Ysursa, Secretary of State [ New Search ] [Back to Summary ] [ Get a certificate of existence for A.M.E. ELECTRIC INC. ] A.I'~.E. ELECTRT~, ~IVC. 3621 ARTHUR ST CALDWELL, ID 83605 Type of Business: Status: State of Origin: Date o1 Origination/Authorization: Current Registered Agent: CORPORATION, GENERAL BUSINESS GOODSTANDING, ANREPT SENT 07 Jan 2013 IDAHO 25 Mar 1988 JAMIE WINTERS 3621 ARTHUR STREET CALDWELL, ID 83605 Organizational ID /Filing C86242 Number: Number of Authorized Stock 10000 Shares: Date of Last Annual Report: 22 Jan 2013 Original Filing: [ Helg Me PrintlView TIFF ] Filed 25 Mar 1988 INCORPORATION View Image (PDF formats View Image (TIFF format) ~4hnual Reports: Report for year 2013 ANNUAL REPORT Report for year 2012 ANNUAL REPORT Report for year 2011 ANNUAL REPORT Report for year 2010 ANNUAL REPORT Report for year 2009 ANNUAL REPORT Report for year 2008 ANNUAL REPORT Report for year 2007 ANNUAL REPORT Report for year 2006 ANNUAL REPORT Report for year 2005 ANNUAL REPORT Report for year 2004 ANNUAL REPORT Report for year 2003 ANNUAL [ Helg Me Print/View TIFF ] View Document Online View Document Online View Document Online View Document Online View Document Online View Image (PDF formats View Image (TIFF format) View Image (PDF formats View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF formats View Image (TIFF format) View Image (PDF formats View Image (TIFF format) View Image (PDF formatZ View http://www.accessidaho.org/public/sos/core/C86242.htm1 8/7/2013 iL.w~,7 v 11+W Ills 1JUJ111GJ5 L'llllly REPORT Report for year 2002 ANNUAL REPORT Report for year 2001 ANNUAL REPORT Report for year 1999 ANNUAL REPORT Report for year 1998 ANNUAL REPORT Report for year 1997 ANNUAL REPORT Report for year 1996 ANNUAL REPORT Report for year 1995 ANNUAL REPORT Report for year 1994 ANNUAL REPORT Report for year 1993 ANNUAL REPORT Report for year 1992 ANNUAL REPORT Report for year 1991 ANNUAL REPORT Report for year 1990 ANNUAL REPORT Report for year 1989 ANNUAL REPORT Report for year 1988 ANNUAL REPORT Idaho Secretar of State's Main Pa e Yage ~ otZ Image (TIFF format) View Ima ge (PDF format) View Image (TIFF format) View Ima e PDF format View Image (TIFF format) View Ima ge (PDF formats View Image (TIFF format) View Ima ae (PDF formats View Image (TIFF format) View Ima ae (PDF formats View Image (TIFF format) View Ima ae (PDF formats View Image (TIFF format) View Ima e PDF format View Image (TIFF formatl View Imag e (PDF formal View Image (TIFF format) View Ima e PDF format View Image (TIFF format) _View Imag e (PDF formats View Image (TIFF format View Imag e (PDF format) View Image (TIFF format) View Imaa e (PDF formats View Image (TIFF format View Imaa e (PDF formats View Image (TIFF format) View Imaa e (PDF formats View Image (TIFF format) State of Idaho Home Paae Comments, questions or suggestions can be emailed to: sosinfo aC~sos.idaho.gov http://www. accessidaho. org/public/sos/core/C86242.html 8/7/2013 vl1 LL L1l.+U 1 Q~'V Login Public Contractor I Search PERMITS LICENSE PUBLIC WORKS VIOLATIONS ELEVATORS Division of ~~~ ~~i hr~r. ~a f e~'y ~~ ~` Public Works Search ^ ' Search Aaain Download Results Printable view Yage 1 of 1 Comoanv Name License Number Work Category(s) License Tvpe License Class Status AppIIC< A.M.E. Electric, Inc. PWC-C-11544 16000, 02500 4 AA ACTIVE A.M.E. i Fir:~:i I'~cv Page:lofl ilc;:i Last Details -License Number: PWC-C-11544 Lic Info Bus Lic Fees $1,400.00 Registration#: PWC-C-11544 Issue 9/25!2012 Expire : 9/30/2013 ~ Type: PUBLIC WORKS Sub-Type: AA Status: ACTIVE Comp/Name: A.M.E. Electric, Inc. Address / :3621 Arthur Street City, Slale, Zip: CALDWELL, ID 83605 Phone (208)459-8959 Cell: (208) 965-51 i5 Pager: Fax: (208)459-8140 Owner Name: Home I CONTACT US r~~,Ym~rai r,'j l~ ~ ~5Y57fMS https: //data. dbs.Idaho.gov/Etrakit2/Idaho_PublicWorksSearchRslts. aspx 8/1 /2013