AME Electric SCADA System UpdatesPage 1
Memo
To: C. Jay Coles, City Clerk,
From: Keith Watts, Purchasing Manager
CC: Dean Stacey
Date: 4/6/2017
Re: April 11th City Council Meeting Agenda Item
The Purchasing Department respectfully requests that the following item be placed on the
April 11th City Council Consent Agenda for Council’s consideration.
Award of Bid and Approval of Agreement to AME Electric for the “SCADA SYSTEM
UPGRADES for PRV’s 2, 6, 10, 14, 23, AND 26” project for a Not-To-Exceed amount
of $181,000.00.
Recommended Council Action: Award of Bid and Approval of Agreement to
AME Electric for the Not-To-Exceed amount of $181,000.00.
Thank you for your consideration.
City of Meridian
Purchasing Dept.
CONTRACT CHECKLIST
Date: REQUESTING DEPARTMENT
Project Name:
Project Manager: Contract Amount:
Contractor/Consultant/Design Engineer:
Is this a change order? Yes No Change Order No.
Fund: Budget Available ( Purchasing attach report ):
Department Yes No Construction
GL Account FY Budget: Task Order
Project Number: Enhancement: Yes No Professional Service
Equipment
Will the project cross fiscal years? Yes No Grant
Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded)
Print and Attach the determination Print, attach and amend bid by addendum (if changed ) www.sam.gov Print and attach
Master Agreement Category
Bid Results Attached) Yes No (Ratings Attached) Yes No Date MSA Roster Approved:
Typical Award Yes No
If no please state circumstances and conclusion:
Date Award Posted: 7 day protest period ends:
PW License Expiration Date: Corporation Status
Insurance Certificates Received (Date): Expiration Date: Rating: A+
Payment and Performance Bonds Received (Date): Rating:
Builders Risk Ins. Req'd: Yes No
Only applicabale for projects above $1,000,000)
Reason Consultant Selected 1 Performance on past projects
Check all that apply Quality of work On Budget
On Time Accuracy of Construction Est
2 Qualified Personnel
3 Availability of personnel
4 Local of personnel
Description of negotiation process and fee evaluation:
Date Submitted to Clerk for Agenda: By:
Purchase Order No.: Date Issued: WH5 submitted
Only for PW Construction Projects)
NTP Date:
Contract Request Checklist.5.24.2016.Final
181,000DeanStacey
If yes, has policy been purchased?
A<E Electric / Advanced Control Systems, Steve Thompson
III. Contract TypeII. BUDGET INFORMATION (Project Manager to Complete)
60
3490
94300
10680.c
TASK ORDERRFP / RFQBID
VII. TASK ORDER SELECTION (Project Manager to Complete)
3/30/2017
Award based on Low Bid Highest Ranked Vendor Selected
VIII. AWARD INFORMATION
Approval Date
Enter Supervisor Name Date Approved
April 6, 2017
I. PROJECT INFORMATION
3/30/2017 1/1/2018
N/A
2017
4/6/2017 Public Works
SCADA Ststem Upgrades PRV's 2, 6, 10, 14, 23, and 26
V. BASIS OF AWARD
3/24/2017 March 31, 2017
IV. GRANT INFORMATION - to be completed only on Grant funded projects
VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION
N/A N/A N/A N/A
GoodstandingPWC-C-11544 11/30/2017
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
SCADA SYSTEM UPGRADES for PRV's 2,6, 10, 14, 23 AND 26
PROJECT #'t0680.C
INTRODUCTION
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:
1. Scope of Work:
1 .1 CONTRACTOR shall perform and furnish to the City upon execution of this
Contract and receipt of the City's written notice to proceed, all services and work,
and comply in all respects, as specified in the document titled "Scope of Work" a
copy of which is attached hereto as Exhibit "A" and incorporated herein by this
reference, together with any amendments that may be agreed to in writing by the
parties.
1.2 All documents, drawings and written work product prepared or produced by
the Contractor under this Agreement, including without limitation electronic data
files, are the property of the Contractor; provided, however, the City shall have the
right to reproduce, publish and use all such work, or any part thereof, in any
manner and for any purposes whatsoever and to authorize others to do so. lf any
such work is copyrightable, the Contractor may copyrightthe same, except that, as
to any work which is copyrighted by the Contractor, the City reserves a royalty-free,
non-exclusive, and irrevocable license to reproduce, publish and use such work, or
any part thereof, and to authorize others to do so.
1.3 The Contractor shall provide services and work under this Agreement
consistent with the requirements and standards established by applicable federal,
state and city laws, ordinances, regulations and resolutions. The Contractor
SCADA SYSTEI,4 UPGRADES FOR PRV'S 2, 6, 10, 14, 23 AND 26 page 'l of 15
Project 10680.C
THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 11rh day
of April, 2017, and entered into by and between the City of Meridian, a municipal
corporation organized under the laws of the State of ldaho, hereinafter referred to as
ClTY", 33 East Broadway Avenue, Meridian, ldaho 83642, and AME Electric, hereinafter
referred to as "CONTRACTOR', whose business address is 3621 Arthur St Caldwell, lD
83605 and whose Public Works Contractor License # is C-1 1544.
Whereas, the City has a need for services involving PRV Removal and
lnstallation; and
TERMS AND CONDITIONS
represents and warrants that it will perform its work in accordance with generally
accepted industry standards and practices for the profession or professions that
are used in performance of this Agreement and that are in effect at the time of
performance of this Agreement. Except for that representation and any
representations made or contained in any proposal submitted by the Contractor
and any reports or opinions prepared or issued as part of the work performed by
the Contractor under this Agreement, Contractor makes no other waranties, either
express or implied, as part of this Agreement.
1 .4 Services and work provided by the Contractor at the City's request under this
Agreement will be performed in a timely manner in accordance with a Schedule of
Work, which the parties hereto shall agree to. The Schedule of Work may be
revised from time to time upon mutual written consent of the parties.
2. Consideration
2.1 The Contractor shall be compensated on a Not-To-Exceed basis as provided
in Exhibit B "Payment Schedule" attached hereto and by reference made a part
hereof for the Not-To-Exceed amount of $181.000.00.
2.2 The Contractor shall provide the City with a monthly statement and
supporting invoices, as the work warrants, of fees earned and costs incurred for
services provided during the billing period, which the City will pay within 30 days of
receipt of a correct invoice and approval by the City. The City will not withhold any
Federal or State income taxes or Social Security Tax from any payment made by
City to Contractor under the terms and conditions of this Agreement. Payment of
all taxes and other assessments on such sums is the sole responsibility of
Contractor.
2.3 Except as expressly provided in this Agreement, Contractor shall not be
entitled to receive from the City any additional consideration, compensation, salary,
wages, or other type of remuneration for services rendered under this Agreement
including, but not limited to, meals, lodging, transportation, drawings, renderings or
mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement
to consideration in the form of overtime, health insurance benefits, retirement
benefits, paid holidays or other paid leaves of absence of any type or kind
whatsoever.
3. Term:
3.1 This agreement shall become effective upon execution by both parties, and
shall expire upon (a) completion of the agreed upon work, (b) or unless sooner
terminated as provided in Sections 3,2, 3.3, and Section 4 below or unless some
other method or time of termination is listed in Exhibit A.
3.2 Should Contractor default inthe 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.
SCADA SYSTEM UPGRAOES FOR PRV'S 2,6, 10, '14,23 AND 26 page 2 of 15
Poect 10680.C
3.3 Should City fail to pay Contractor all or any part of the compensation set forth
in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's
option, may terminate this Agreement if the failure is not remedied by the City
within thirty (30) days from the date payment is due.
4. Liquidated Damages:
Substantial Completion shall be accomplished within 120 (one hundred twenty)
calendar days from Notice to Proceed. This project shall be considered
Substantially Complete when the Owner has full and unrestricted use and benefit
of the facilities, both from an operational and safety standpoint, and only minor
incidental work, corrections or repairs remain for the physical completion of the
total contract. Contractor shall be liable to the City for any delay beyond this time
period in the amount of $150.00 (one hundred fifty) per calendar day. Such
payment shall be construed to be liquidated damages by the Contractor in lieu of
any claim or damage because of such delay and not be construed as a penalty.
Upon receipt of a Notice to Proceed, the Contractor shall have 150 (one hundred
fifty) calendar days to complete the work as described herein. Contractor shall be
liable to the City for any delay beyond this time period in the amount of $150.00
one hundred fifty dollars) per calendar day. Such payment shall be construed to
be liquidated damages by the Contractor in lieu of any claim or damage because of
such delay and not be construed as a penalty. See Milestones listed in the
Payment Schedule for Substantial Completion.
5. Termination:
5.1 lf , 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.
ln 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.
5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to
the CITY for damages sustained by the CITY by virtue of any breach of this
SCADA SYSTEM UPGRADES FOR PRV,S 2,6, 10, 14,23 AND 26
Prolect 10680.C
page 3 of 15
6. lndependent Contractor:
6.1 ln all matters pertaining to this agreement, CONTRACTOR shall be acting as
an independent contractor, and neither CONTRACTOR nor any officer, employee
or agent of CONTRACTOR will be deemed an employee of CITY. Except as
expressly provided in Exhibit A, Contractor has no authority or responsibility to
exercise any rights or power vested in the City and therefore has no authority to
bind or incur any obligation on behalf of the City. The selection and designation of
the personnel of the CITY in the performance of this agreement shall be made by
the CITY.
6.2 Contractor, its agents, officers, and employees are and at all times during the
term of this Agreement shall represent and conduct themselves as independent
contractors and not as employees of the City.
6.3 Contractor shall determine the method, details and means of performing the
work and services to be provided by Contractor under this Agreement. Contractor
shall be responsible to City only for the requirements and results specified in this
Agreement and, except as expressly provided in this Agreement, shall not be
subjected to City's control with respect to the physical action or activities of
Contractor in fulfillment of this Agreement. lf in the performance of this Agreement
any third persons are employed by Contractor, such persons shall be entirely and
exclusively under the direction and supervision and control of the Contractor.
7. Sub-Contractors:
Contractor shall require that all of its sub-contractors be licensed per State of ldaho
Statute # 54-1901
8. Removal of Unsatisfactory Employees:
The Contractor shall only furnish employees who are competent and skilled forwork
under this contract. lf, in the opinion of the City, an employee of the Contractor is
incompetent or disorderly, refuses to perform in accordance with the terms and
conditions of the contract, threatens or uses abusive language while on City
property, or is otherwise unsatisfactory, that employee shall be removed from all
work under this contract.
SCADA SYSTEM UPGRADES FOR PRV'S 2,6, 10, 14, 23 AND 26
POect 10680.C
page 4 of 15
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.
9. lndemnification and lnsurance:
9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's
elected officials, officers, employees, agents, and volunteers from and for any and
all losses, claims, actions, judgments for damages, or injury to persons or property
and losses and expenses and other costs including litigation costs and attorney's
fees, arising out of, resulting from, or in connection with the performance of this
Agreement by the CONTRACTOR, its servants, agents, officers, employees,
guests, and business invitees, and not caused by or arising out of the tortious
conduct of CITY or its employe es. CONTRACTOR shall maintain. and specificallv
aqrees that it will maintain. throuohou t the term of this Aqreement, liability
insurance in which the CITY shall be named an additional insured in the minimum
amounts as follow: General Liabilit y One Million Dollars ($1,000,000) per incident
or occurrence, Automobile Liability lnsurance One Million Dollars ($1,000,000) per
incident or occurrence and Workers' Compensation lnsurance, in the statutory
limits as required by law.. The limits of insurance shall not be deemed a limitation
of the covenants to indemnify and save and hold harmless CITY; and if CITY
becomes liable for an amount in excess of the insurance limits, herein provided,
CONTRACTOR covenants and agrees to indemnify and save and hold harmless
CITY from and for all such losses, claims, actions, or judgments for damages or
injury to persons or property and other costs, including litigation costs and
attorneys' fees, arising out of, resulting from , or in connection with the
performance of this Agreement by the Contractor or Contractor's officers, employs,
agents, representatives or subcontractors and resulting in or attributable to
personal injury, death, or damage or destruction to tangible or intangible property,
including use of. CONTRACTOR shall provide CITY with a Certificate of
lnsurance, 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 priorto the date Contractor begins performance of it's
obligations under this Agreement. ln 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, ldaho 83642.
9.3 Any deductibles, self-insured retention, or named insureds must be declared
in writing and approved by the City. At the option of the City, either: the insurer
shall reduce or eliminate such deductibles, self-insured retentions or named
insureds; or the Contractor shall provide a bond, cash or letter of credit
guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
9.4 To the extent of the indemnity in this contract, Contractor's lnsurance
coverage shall be primary insurance regarding the City's elected officers, officials,
employees and volunteers. Any insurance or self-insurance maintained by the City
SCADA SYSTEM UPGRADES FOR PRV'S 2, 6, 10, 14, 23 ANO 26
Project 10680.C
page 5 of 15
9.2 lnsurance is to be placed with an ldaho admitted insurerwith a Best's rating
of no less than A-.
or the City's elected officers, officials, employees and volunteers shall be excess of
the Contractor's insurance and shall not contribute with Contractor's insurance
except as to the extent of City's negligence.
9.5 The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
9.6 All insurance coverages for subcontractors shall be subject to all of the
insurance and indemnity requirements stated herein.
9.7 The limits of insurance described herein shall not limit the liability of the
Contractor and Contractor's agents, representatives, employees orsubcontractors.
10. Time is of the Essence:
The parties hereto acknowledge and agree that time is strictly of the essence with
respect to each and every term, condition and provision hereof, and that the failure
to timely perform any of the obligations hereunder shall constitute a breach of, and
a default under, this Agreement by the party so failing to perform.
11. Bonds:
Payment and Performance Bonds are required on all Public Works lmprovement
Projects per the ISPWC and the City of Meridian Supplemental Specifications &
Drawings to the ISPWC, which by this reference are made a part hereof.
Contractor is required to furnish faithful performance and payment bonds in the
amount of lOOo/o of the contract price issued by surety licensed to do business in
the State of ldaho. ln the event that the contract is subsequently terminated for
failure to perform, the contractor and/or surety will be liable and assessed for any
and all costs for the re-procurement of the contract services.
All items found to be defective during a warranty inspection and subsequently
corrected will require an additional two (2) year warranty from the date of City's
acceptance of the corrected work.
13. Changes:
The CITY may, from time to time, request changes in the Scope of Work to be
performed hereunder. Such changes, including any increase or decrease in the
amount of CONTRACTOR'S compensation, which are mutually agreed upon by and
SCADA SYSTEM UPGRADES FOR PRV'S 2,6, 10, 14, 23 AND 26 page 6 of 15
Project 10680.C
12. Warranty:
All construction and equipment provided under this agreement shall be warranted
for 2 years from the date of the City of Meridian acceptance per the ISPWC and the
Meridian Supplemental Specifications & Drawings to the ISPWC and any
modifications, which by this reference are made a part hereof.
between the CITY and CONTRACTOR, shall be incorporated in written
amendments which shall be executed with the same formalities as this Agreement.
The City of Meridian is exempt from Federal and State taxes and will execute the
required exemption certificates for items purchased and used by the City. ltems
purchased by the City and used by a contractor are subject to Use Tax. All other
taxes are the responsibility of the Contractor and are to be included in the
Contractor's Bid pricing.
15. MeridianStormwaterSpecifications:
All construction projects require either a Storm Water Pollution Prevention Plan
SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of
Meridian Construction Stormwater Management Program (CSWMP) manual. The
CSWMP manual containing the procedures and guidelines can be found at this
address: http://www.meridiancitv.orq/environmental.as px?id='13618.
Contractor shall retain all stormwater and erosion control documentation generated
on site during construction including the SWPPP manual, field inspections and
amendments. Prior to final acceptance of the job by the City the contractor shall
return the field SWPPP manual and field inspection documents to the City for
review. A completed Contractor Request to File Project N.O.T. with the EPA form
shall be provided to the City with the documents. These documents shall be
retained, reviewed and approved bythe City priorto final acceptance of the project.
16. ACHD:
17. Reports and lnformation:
17.1 Al such times and in such forms as the CITY may require, there shall be
furnished to the CITY such statements, records, reports, data and information as
the CITY may request pertaining to matters covered by this Agreement.
17.2 Contractor shall maintain all writings, documents and records prepared or
compiled in connection with the performance of this Agreement for a minimum of
four (4) years from the termination or completion of this or Agreement. This
includes any handwriting, typewriting, printing, photo static, photographic and every
other means of recording upon any tangible thing, any form of communication or
SCADA SYSTEM UPGRAOES FOR PRV'S 2,6, '10, '14, 23 AND 26 page 7 of 15
Prqect 10680.C
14. Taxes:
Contractor shall be responsible for coordinating with the City to obtain appropriate
ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs
due to Contractor's violation of any ACHD policy. City shall certify to ACHD that
Contractor is authorized to obtain a Temporary Highway and Right-of-Way Use
Permit from ACHD on City's behalf. The parties acknowledge and agree that the
scope of the agency granted by such certification is limited to, and conterminous
with, the term and scope of this Agreement.
representation including letters, words, pictures, sounds or symbols or any
combination thereof.
18. Audits and lnspections:
At any time during normal business hours and as often as the CITY may deem
necessary, there shall be made available to the CITY for examination all of
CONTRACTOR'S records with respect to all matters covered by this Agreement.
CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or
transcripts from such records, and to make audits of all contracts, invoices,
materials, payrolls, records of personnel, conditions of employment and other data
relating to all matters covered by this Agreement.
19. Publication, Reproduction and Use of Material:
No material produced in whole or in part under this Agreement shall be subject to
copyright in the United States or in any other country. The CITY shall have
unrestricted authority to publish, disclose and otherwise use, in whole or in part, any
reports, data or other materials prepared under this Agreement.
ln performing the work herein, Contractor agrees to comply with the provisions of
Title Vl and Vll of the Civil Rights Act, Revenue Sharing ActTitle 3'1 , U.S. Code
Section 2176. Specifically, the Contractor agrees not to discriminate against any
employee or applicant for employment because of race, color, religion, sex, national
origin, age, political affiliation, marital status, or handicap. Contractor will take
affirmative action during employment or training to insure that employees are
treated without regard to race, color, religion, sex, national origin, age, political
affiliation, marital status, or handicap. ln performing the Work required herein,
CONTRACTOR shall not unlaMully discriminate in violation of any federal, state or
local law, rule or regulation against any person on the basis of race, color, religion,
sex, national origin or ancestry, age or disability.
21. Employment of Bona Fide ldaho Residents:
Contractor must comply with ldaho State Statute 44-1002 which states that the
Contractor employs ninety-five percent (95%) bona fide ldaho residents.
22. Advice of Attorney:
Each party warrants and represents that in executing this Agreement. lt has
received independent legal advice from its attomey's orthe opportunityto seek such
advice.
23. Attorney Fees:
Should any litigation be commenced between the parties hereto concerning this
SCADA SYSTEM UPGRADES FOR PRV'S 2, 6, 10, 14, 23 AND 26 page 8 of 15
Prolect 10680.C
20. Equal Employment Opportunity:
Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorneys'fees as determined by a
Court of competent jurisdiction. This provision shall be deemed to be a separate
contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
24. ConstructionandSeverability:
lf any part of this Agreement is held to be invalid or unenforceable, such holding will
not affect the validity or enforceability of any other part of this Agreement so long as
the remainder of the Agreement is reasonably capable of completion.
25. Waiver of Default:
Waiver of default by either party to this Agreement shall not be deemed to be waiver
of any subsequent default. Waiver or breach of any provision of this Agreement
shall not be deemed to be a waiver of any other or subsequent breach, and shall
not be construed to be a modification of the terms of this Agreement unless this
Agreement is modified as provided above.
26. Entire Agreement:
This Agreement contains the entire agreement of the parties and supersedes any
and all other agreements or understandings, oral of written, whether previous to the
execution hereof or contemporaneous herewith.
27. Assignment:
It is expressly agreed and understood by the parties hereto, that CONTRACTOR
shall not have the right to assign, transfer, hypothecate or sell any of its rights under
this Agreement except upon the prior express written consent of CITY.
28. Payment Request:
Payment requests shall be submitted to City of Meridian through the City's project
management software. The Project Manager will compare the invoice against the
Payment Schedule in the Agreement for compliance. Upon approval that the work
has been done and is in compliance with the Agreement, the Project Managerwill
approve the pay request for processing. City of Meridian payment terms are Net 30
from the date City receives a correct invoice. Final payment will not be released
until the City has received a tax release from the Tax Commission.
29. Cleanup:
Contractor shall keep the worksite clean and free from debris. At completion of
work and prior to requesting final inspection, the Contractor shall remove all traces
of waste materials and debris resulting from the work. Final payment will not be
made if cleanup has not been performed.
SCADA SYSTEM UPGRADES FOR PRV,S 2,6, ,IO, 14, 23 AND 26
Project 10680.C
page I of 15
30. Order of Precedence:
The order or precedence shall be the contract agreement, the Invitation for Bid
document, then the winning bidders submitted bid document.
31. Compliance with Laws:
In performing the scope of work required hereunder, CONTRACTOR shall comply
with all applicable laws, ordinances, and codes of Federal, State, and local
governments.
32. Applicable Law:
This Agreement shall be governed by and construed and enforced in accordance
with the laws of the State of Idaho, and the ordinances of the City of Meridian.
33. Notices:
Any and all notices required to be given by either of the parties hereto, unless
otherwise stated in this agreement, shall be in writing and be deemed
communicated when mailed in the United States mail, certified, return receipt
requested, addressed as follows:
CITY CONTRACTOR
City of Meridian AME Electric
Purchasing Manager Attn: Mike Tenhulzen
33 E Broadway Ave 3621 Arthur Street
Meridian, ID 83642 Caldwell, ID 83605
208-489-0417 Phone: 208-459-8959
Email: mike@ameelectric.com
Idaho Public Works License #C -11544 -AA -
4(1600)
Either party may change their address for the purpose of this paragraph by giving
written notice of such change to the other in the manner herein provided.
34. Approval Required:
This Agreement shall not become effective or binding until approved by the City of
Meridian.
CITY OF MERI A.M.E. ELECTRIC, INC.
BY:
TAMMY de D, MAYOR
SCADA SYSTEM UPGRADES FOR PRV S 2, 6, 10, 14, 23 AND 26 page 10 of 15
Project 10680.0
Dated:—
Approved by Council:
l
Attest:
C.Jay Co s, City Urk
Purchasing Approval
BY:
KEIT ATTS, Purdbasing Manager
Dated: -/ r,
Project Manager
Dean Stacey
Dated:
2
A f "V of
oCIll
WARREN STEWART, City Engineer `~
Dated:
SCADA SYSTEM UPGRADES FOR PRV's 2, 6, 10, 14, 23 AND 26 page 11 of 15
Project 10680.0
EXHIBIT A
SCOPE OF WORK
REFER TO INVITATION TO BID PW-1717-10680.C
ALL ADDENDUMS, AfiACHMENTS, AND EXHIBITS included in the
lnvitation to Bid Package # PW;1717-10680.C, are by this reference
made a part hereof.
SPECIFICATIONS / SCOPE OF WORK
All construction work shall be done in accordance with the current version
of the ldaho Standards for Public Works Construction (ISPWC), the 2013
City of Meridian Supplemental Specifications to the ISPWC (and any
Addendums).
See separate attached documents:
Plans and Specifications by Advanced Control Systems
dated 'l 1117 12016 (e6 of pases)
SCADA SYSTEM UPGRADES FOR PRV'S 2, 6, 10, 14,23 AND 26
Project 10680.C
a
page 12 of '15
MILESTONE / PAYMENTSCHEDULE
Total and complete compensation for this Agreement shall not exceed
181,000.00.
Contract includes furnishing all labor, materials, equipment, and incidentals as required for the
SCADA SYSTEM UPGRADES for PRV'S 2,6, 10,14,23 and 26 per IFB PW-'l717-10680.C
Total Bid Schedule PRV 2
Total Bid Schedule PRV 6
Total Bid Schedule PRV 10
Total Bid Schedule PRV 14
Total Bid Schedule PRV 23
Total Bid Schedule PRV 26
34,150.00
29,650.00
28,750.00
29,500.00
30,650.00
28,300.00
l_8'!.000-00
SCADA SYSTEM UPGRADES FOR PRV,S 2,6, ,Io, 14, 23 AND 26
Prqect '10680.C
MILESTONE DATES/SCHEDULE
Milestone 1
Milestone 2 Final Completion
PRICING SCHEDULE
Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any
additional increases or decreases in work requested by city. The City will pay the contractor based on
actual quantities of each item of work in accordance with the contract documents.
Contract Pricing Schedule PRV 2
Quantity
Mobilization / Demobilization
Item No.
LS
LS
LS
Unit Price
1
Unit
1,400.00
4,8s0.00
LS
Removal of Existing PRV Control Panel,
J
4
5
Conduit and Wirin
3,900.00
500.00
1
6 LS
LS
page 13 of 15
Exhibit B
Substantial Completion 120 Days from Notice to Proceed
150 Days from Notice to Proceed
NOT TO EXCEED CONTRACT TOTAL.
Description
I 1
2 1 $700.00
Trenching/Boring, Traffic Control, Site
Restoration
Panel Support Rack(s), Concrete pad(s), and
Groundinq
Meter Panelboard and Breakers LS 1
PRV Control Panel Assembly, lnstallation and
Testinq 1 $17,300.00
7
Electrical Conduit, Wire, Materials and
lnstallation 1 $4,800.00
8 LS 1 s700.00
Contract Pricing Schedule PRV 5
Description
Mobilization / Demobilization
Removal of Existing PRV Control Panel,
Conduit and Wirin
Quantity Unit Unit Price
o
10
11
12
IJ
14
LS I $1,400.00
1
1 $4,450.00
Panel Support Rack(s), Concrete pad(s), and
Grounding
Meter Panelboard and Breakers
LS 1
LS 1 s500.00
PRV Control Panel Assembly, lnstallation and
Testing
Electrical Conduit, Wire, Materials and
lnstallation
1 $17,300.00
LS 1 $2,300.00
16 LS 1 $700.00
Contract Pricing Schedule PRV 10
Item No Description Quantity Unit Price
1,400.00LS1
Removal of Existing PRV Control Panel,
Conduit and Wiring
LS 1 $700.00
19
Trenching/Boring, Traffic Control, Site
Restoralion
Panel Support Rack(s), Concrete pad(s), and
Grounding
LS
20 LS $2,300.00
21 L4eter Panelboard and Breakers
PRV Control Panel Assembly, lnstallation and
Testinq
LS 1 $500.00
22 LS 1 $17,300.00
24
Electrical Conduit, Wire, Materials and
lnstallation
All other work not included above
IQ
1 $2,200 00
1 $700.00
Contract Pricing Schedule PRV 14
Item No.Description Quantity Unit
25 LS 1 $1,400.00
26
Removal of Existing PRV Control Panel,
Conduit and Wiring 1 $700.00
Trenching/Boring, Traffic Control, Site
Restoration LS 1 $4,150.00
Panel Support Rack(s), Concrete pad(s), and
Grounding LS
29
30
31
Meter Panelboard and Breakers tc $s00 00
PRV Control panel Assem blyJnstallation and
Testin I LS 1
Electrical Conduit, Wire, Materials and
lnstallation 1 $2,300.00
700.001
SCADA SYSTEM UPGRADES FOR PRV'S 2, 6, 10, 14,23 AND 26
Project 10680.C
All other work not included above
Item No.
700.00
Trenching/Boring, Traffic Control, Site
Restoration
LS
2,300.00
LS
15
All other work not included above
Unit
Mobilization / Demobilization
18
1 $3,650.00
1
LS
Unit Price
Mobilization / Demobilization
IQ
28 1 $2,450.00
1
r 7,300.00
LS
All other work not included above LS
page 14 of 15
Item No.Description Quantity Unit Unit Price
JJ Mobilization i Demobilization LS 1 $1,400.00
Removal of Existing PRV Conkol Panel,
Conduit and Wirinq LS 1 $1,400.00
J5 Trenching/Boring, Traffic Control, Site
Restoration LS ,|$4,700.00
36
Panel Support Rack(s), Concrete pad(s), and
Groundinq LS 1 $2,450 00
Meter Panelboard and Breakers LS 1 $500.00
38
PRV Control Panel Assembly, lnstallation and
Testing
LS 1
39
Electrical Conduit, Wire, Materials and
lnstallation LS 1 $2,200.00
40 All other work not included above LS I $700.00
Item No.Description Quantity Unit Unit Price
41 Mobilization / Demobilization LS 1 $1,400.00
42 Removal of Existing PRV Control Panel,
Conduit and Wiring LS 1 $700.00
43
Trenching/Boring, Traffic Control, Site
Restoration
LS ,|$2,300.00
44
Panel Support Rack(s), Concrete pad(s), and
Grounding LS $3,200.00
45 Meter Panelboard and Breakers LS I $500.00
4b PRV Control Panel Assembly, lnstallation and
Testing LS 1 $17,300.00
47
Electrical Conduit, Wire, Materials and
lnstallation LS 1 $2,200.00
48 All other work not included above LS 1 $700.00
SCADA SYSTEM UPGRADES FOR PRV'S 2, 6, ,IO, 14, 23 AND 26
Project 10680.C
page 15 of 15
Contract Pricing Schedule PRV 23
17,300.00
Contract Pricing Schedule PRV 26
1
city Of tlolidian
Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Xeith
Report
3{90 - rat€! Conetluctioa Proj€ctg
50 - Ent.rplire t\nd
Fraln 10/l/2016 Th.to[gl, 9 /30 /2011
Unposted Transactions Incfuded In
Budqe! wi!h Current Yea!
Actual
Budge t
Remalning
Percent of
Budget
Remaining
Capitaf Outfay
capital - Electronics94300
10515.d
10516.c
10680.C
PRV 3&7 Wate! Division
SCADA Progiallllrling
well 31 Water DePaltnent
SCADA Progranrining
SCADA Upgrades for PRV' s
2, 6, 10, l4t 23 and 26
Tota1 Capltal Outlay
300,000.00
0.00
0.00
0. 00
0. 00
10,000.00
16,000.00
56.48
300,000,00
110,000.00)
15,000.00)
55.48)
100.00r
0 ,00*
0. 00*
0. 00r
91 . 31t
TOTAL EXPENDITURES 91 . 31*
Date. 4/6/11 02.30r1O PM
l-a_4,_q!_9-_q_0
300,000.00
213,943.52
2',73,943.52
E IDIAN
BID RESULTS
BID NAME: SCADA SYSTEM UPGRADES FOR PRV'S 2,6,'10,14,23 & 26 DUE DATE & TIME: MARCH 23,20'17 2:30
BID NUMBER: PW-1717-0680.C
Opened by:
Attest:
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Star Construction X x X X X X X $275,809.00
AME Electric X X x X X X $181 ,000.00
x X x X X X XXChallenger $280,606 00
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CITY OF MERIDIAN
SCADA System Upgrades PRV's 2,6,10,14,23,26
BID ABSTRACT
BID OPENING 3/23/2017
Item
No.
Description Qty Unit
Unit
Price
PRV 14 -$
25 Mobilization / Demobilization LS 1 1,400.00$
26 Removal of Existing PRV Control Panel, Conduit and Wiring LS1 700.00$
27 Trenching/Boring, Traffic Control, Site Restoration LS1 4,150.00$
28 Panel Support Rack(s), Concrete pad(s), and Grounding LS1 2,450.00$
29 Meter Panelboard and Breakers LS1 500.00$
30 PRV Control Panel Assembly, Installation and Testing LS1 17,300.00$
31 Electrical Conduit, Wire, Materials and Installation LS1 2,300.00$
32 All other work not included above LS1 700.00$
PRV 23 -$
33 Mobilization / Demobilization LS 1 1,400.00$
34 Removal of Existing PRV Control Panel, Conduit and Wiring LS1 1,400.00$
35 Trenching/Boring, Traffic Control, Site Restoration LS1 4,700.00$
36 Panel Support Rack(s), Concrete pad(s), and Grounding LS1 2,450.00$
37 Meter Panelboard and Breakers LS1 500.00$
38 PRV Control Panel Assembly, Installation and Testing LS1 17,300.00$
39 Electrical Conduit, Wire, Materials and Installation LS1 2,200.00$
40 All other work not included above LS1 700.00$
PRV 26 -$
41 Mobilization / Demobilization LS 1 1,400.00$
42 Removal of Existing PRV Control Panel, Conduit and Wiring LS1 700.00$
43 Trenching/Boring, Traffic Control, Site Restoration LS1 2,300.00$
44 Panel Support Rack(s), Concrete pad(s), and Grounding LS1 3,200.00$
45 Meter Panelboard and Breakers LS1 500.00$
46 PRV Control Panel Assembly, Installation and Testing LS1 17,300.00$
47 Electrical Conduit, Wire, Materials and Installation LS1 2,200.00$
48 All other work not included above LS1 700.00$
TOTAL BASE BID
AME Electric
Bid Item
Total
Unit
Price
Bid Item
Total
Unit
Price
Bid Item
Total
Unit
Price
Bid Item
Total
1,400.00$ 2,500.00$ 2,500.00$ 4,700.00$ 4,700.00$ 500.00$ 500.00$
700.00$ 1,500.00$ 1,500.00$ 1,061.00$ 1,061.00$ 800.00$ 800.00$
4,150.00$ 10,290.00$ 10,290.00$ 9,897.00$ 9,897.00$ 8,000.00$ 8,000.00$
2,450.00$ 3,000.00$ 3,000.00$ 4,627.00$ 4,627.00$ 2,000.00$ 2,000.00$
500.00$ 500.00$ 500.00$ 165.00$ 165.00$ 500.00$ 500.00$
17,300.00$ 14,697.00$ 14,697.00$ 16,356.00$ 16,356.00$ 15,800.00$ 15,800.00$
2,300.00$ 9,710.00$ 9,710.00$ 9,850.00$ 9,850.00$ 5,000.00$ 5,000.00$
700.00$ 1,500.00$ 1,500.00$ 207.00$ 207.00$ 2,500.00$ 2,500.00$
1,400.00$ 2,500.00$ 2,500.00$ 4,700.00$ 4,700.00$ 500.00$ 500.00$
1,400.00$ 1,500.00$ 1,500.00$ 1,061.00$ 1,061.00$ 800.00$ 800.00$
4,700.00$ 16,747.00$ 16,747.00$ 7,640.00$ 7,640.00$ 9,000.00$ 9,000.00$
2,450.00$ 3,000.00$ 3,000.00$ 3,937.00$ 3,937.00$ 2,000.00$ 2,000.00$
500.00$ 500.00$ 500.00$ 165.00$ 165.00$ 500.00$ 500.00$
17,300.00$ 14,697.00$ 14,697.00$ 16,356.00$ 16,356.00$ 15,800.00$ 15,800.00$
2,200.00$ 9,803.00$ 9,803.00$ 10,440.00$ 10,440.00$ 5,000.00$ 5,000.00$
700.00$ 1,500.00$ 1,500.00$ 207.00$ 207.00$ 2,500.00$ 2,500.00$
1,400.00$ 2,500.00$ 2,500.00$ 4,700.00$ 4,700.00$ 500.00$ 500.00$
700.00$ 1,500.00$ 1,500.00$ 1,061.00$ 1,061.00$ 500.00$ 500.00$
2,300.00$ 9,450.00$ 9,450.00$ 3,952.00$ 3,952.00$ 7,000.00$ 7,000.00$
3,200.00$ 3,000.00$ 3,000.00$ 3,937.00$ 3,937.00$ 2,000.00$ 2,000.00$
500.00$ 500.00$ 500.00$ 165.00$ 165.00$ 500.00$ 500.00$
17,300.00$ 14,697.00$ 14,697.00$ 16,356.00$ 16,356.00$ 15,800.00$ 15,800.00$
2,200.00$ 9,697.00$ 9,697.00$ 10,440.00$ 10,440.00$ 5,000.00$ 5,000.00$
700.00$ 1,500.00$ 1,500.00$ 207.00$ 207.00$ 2,500.00$ 2,500.00$
88,450.00$ 136,788.00$ 132,187.00$ 105,000.00$
AME Electric Challenger Companies Inc Star Construction LLC Southern Idaho Electric
PublicWorks Scarch Page I of I
d Print
Lie€nse Wo+ I r.rt\e l-ircr, - .. _ Applicant Owner Comoanv Companv Companv Companv
Nrr"u". c.,." ,,' I I Ds Clr+ \' rt s i;;- Ngs, 6 erg- Sl"t" zt"C"d.Phonc
llxpiration
Dale
Parent
License
160C0
025CO
AME {203)
CALDWELL ID 33605 459- 1113412411
8959
htps://web.dbs.idaho.g:ov/ctrakit3'(-)Lrstonr/ldaho_PublicWorksprint.aspx 3/24t2017
IDSOS Search Results
Search Result summary
IDAHO SECRETARY OF STATE
Search Results
Page 1 of 1
Lawerence Denney, Secretary of State
Filed 25 Mar 1988
CORPO RATION
GOODSTAN DI N G
I New Search ]
search Results 1 through 1
A.M.E. ELECTRTC, nrC. ... A.M.E. ELECTRIC, INC. )
A.M.E. ELECTRIC, INC. tview oetaitst
Organizational ID / Filing number: C86242
3621 ARTHUR ST
CALDWELL, ID 83605
T.lahn qp.retar\/ nf q t ^le'c Main Pedp State of Idaho Home Paoe
Comments, questions or suggestions can be emailed to: sosinfo@sos. ida ho. qov
https ://www.accessidaho. org/publ iclsos/corp/search.html 3/24t2017
t.
l.
ACORD'oArE (ff/DoTYYYY)
0313012017
THIS CERTIFICATE IS ISSUEO AS A MATTER OF INFORMATION ONLYANO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE OOES NOT AFFIRMANVELY OR NEGATIVELY AMENO, EXTEND OR ALTER THE COVERAGE AFFOROEO BYTHE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE OOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PROOUCER, AND THE CERTIFICATE HOLOER.
IMPORTANT: lf the cartificate holder is an A0OITIONAL INSUREO, the policy(i6s) must have AODITIONAL INSURED provisions or bo 6ndorsed.
lf SUBROGATION lS WAIVED, subject to the torms and conditions oftho policy, cortaih policios may roquiro an endorsgmont. A stalement on
this cortificate does nol confor rights to the ceiificato holdor in lieu of such ondorsomen(s).
I [il, .),(2os) 454-il 14
INSURER(S) AFFOROIIIG COVERAGE
208)4s9-1678
RER B:Charter Oak Fire lnsurance Co
10677
256',1
artwellcorp.com
nen r, The Cincinnati lns Co
Tho Hartwell Corporation
PO Box 400
Caldwoll,lD 83606
AME Electric, lnc.
3621 Arthur Streot
Caldwoll,lD 83605
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTOTHE INSURED NAMEDABOVE FORTHE POLICY PERIOD
INOICATED, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSUMNCE AFFORDEO BY THE POLICIES DESCRIAED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOW! MAY HAVE EEEN REDUCEO BY PAID CLAIMS.
EACH OCC
TO RENTEO
A
cr-rrus+uoe @ o."r"
5ic'; I | .o"
x
GEN'L
x x EPP 0217359 01to112017 01/01/2018
1,000,000$
I 500,000
2,000,000
10,000
2,000,000
1,000,000
A
AUTOS ONLY
x
AIJTOMOBILE LIABILITY
SCHEDIJTEO
AUTOS
x x EBA 0217359 01t01120't7 01/01/2018
COMBINEO SINGLE LIMIT
@q!!Y !!l!EY 18s a!.!!e,tr)
PROPERIY DAIIAGE
rrd acod€nll
1,000,000
I
t
s
EACHOCCURRENCE
EXC€SS LIAB
OED RETENTIONI
OCCUR 5
s
E L OISEASE - EA EMPIOYE
oTli-x
E L EACH ACCIDENT $
I
1,000,000
1,000,000
B woRxERs coxPENs^itotit
AI'IO EIPLOYERS' LIABIIITY
ANY PROPRIETOFI]PARTNER/E XECI II VF
OFFICER/MEMB€R EXCLUOEO'
DESCRIPTION OF OPERATIONS bde
x uB1757X2s 01t0112017 01t01t2018
E L OISEASE - POLICY LIMIT 1,000,000$
A 01t0112017 01t01t2014 Equipment 100,000EquipmentFloaterEPP0217359
OESC RrPTlOtl OF OPERAIIONS / LOCATIONS / VEHTCLES (AqORD 101 , Addrlon.l R.fr.rk3 Sch.dul., n.y b. .tr.ch.d I m.. 3prc. l. r.qulr.d )
Clty oI Moridian and all elected olficials, officera, employe.3, .genb and volunteors aro named additlonal ln!urod on a prlmary and non-contributory basis,
waiver of subrogation applies, per form3 GA233 OZO7, AA1171 l l/85, AA4l72 09/09 & WC000313. (provlded)
City of Meridian
33 East Broadway Ave Suitq 106
Meridian, lD 8392
SHOULD ANY OF THE ABOVE OESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION OATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCOROANCE WITH THE POLICY PROVISIONS,
AUTHORIZEO REPRESENTATIVE
t ),+
ERTIF
O'1988-2015 ACORo CORPORATION. All rights
The ACORD name and logo are rogistorod marks of ACoRo
ACORD 2s (2016/03)"-"f*
AMEELEC-OI
CERTIFICATE OF LIABILITY INSURANCE
INSURED
PROOUCIS. COMP/OP AGG
tr
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ tT CAREFULLY.
CONTRACTORS' COMMERCIAL GENERAL LIABILITY
BROADENED ENDORSEMENT
Employee Benefi t Liability Coverage ..............
Unintentional Failure to Disclose Hazards......
Damage to Premises Renled to You...............
Suppl€rnentary Payments
uea'ica eaym6nts:.... ...... ...... ....:.....:........: ..:.,.. :..... ..... .............: .....
Voluntary Propsrty Damage (Coverage a.) and Care, Custody or Control
Liability Coverage (Coverage b.1 .........
Beqins on Paoe:
2
7
8
9
9
7. 180 Day Coverage lor Newly Formed or Acquired Organizations .
8. Waiver of Subrogation ....
Automatic Additional lnsured - Specified Relationships:
Managers or Lessors of Premises;
Lessor ol Leased Equipment;
Vendors;
State or Polili:al Subdavisions - Permits Flelating to Premises;
State or Political Subdivisions - Permits; and
Contractors' Op6ralion s
Broadened Cont actual Liability - Work Wthin 50'o, Railroad Property
Proporty Damags to funowed Equipment...........................
Employees as lnsureds - Specified Health Care Services:
Nurses;
Emergency Medical Technicians; and
Paramedics
Broadened Notice of Occunsnc€.. .............
9.
10.
11.
12.
13.
9
10
10
10
14
14
14
14
B. Limits ol lnsurance:
Ths Commercial Ganeral Liability Limits o[ lnsurance apply to the insurance provided by his endorse-
ment, except as provided below:
1. Employoe Benelil Liability Coveragc
Each Employee Limit: $ 1,000,000
Aggrsgate Limit: $ 3,000,000Deductibls: $ 1,000
3. Oamage lo Premises Rontod lo You
The lesser ol:
a. The Each Occunence Limit shown in tre Declarations; or
b. $500,000 unless otherwise stated $
4. SupplomenlaryPaymonts
a. Bail bonds; $ 1,000
b. Loss of earnings: $ 350
5. }ledical Payments
Medical Expense Limit: $ 10,000
lncludes copyrighted material of lnsurance
Services Otfice, lnc., with its permission.GA 233 02 07 Page 1 o, 15
This endorsemenl modifies insurance provided under the following:
COMMERCIAL GENERAL UABIUTY COVERAGE PART
A. Endotsemenl - Table ol Conlenls:
Coveraoo:
1.
2.
3.
4.
5.
6.
6. Volunlary Property Damage (Coverage a.) and Care, Cuslody or Conlrol Liability Coverage
Coverage b.)
Limits ol lnsurance (Each Occunence)
Coverage a. $1,OOO
Coverage b, $5,000 unless otherwise stated
Deductibles (Each Occunence)
Coverage a. $250
Coverage b. $250 unless otherwise stated
11 . Property Damaga to Borrowed Equipment
Each Occunence Limil: $ 10,000Deductible: $ 250
COVEFAGE PBEMIUM BASIS
a)
b)
c)
d)
e)
Area
Payroll
Gross Sales
Units
Other
BATE
For Limitrs in Excess of
5,000)
b. Care, Custody
or Control s
TOTAL ANNUAL PREMIUM s
C. Coverages:
1 Employee Benefil Lialility Coverage
a. Tha following is added to SECTION I
COVERAGES: Employee Benefil
Liability Coverage.
1) lnsuring Agreement
a) We will pay those sums that
the insured becomes legally
obligated to pay as dam-
ages caused by any acl sr-
ror or omission of the in-
sured. or of any other per-
son lor whose acts ths in-
sured is legally liabl€, to
which this insurance ap-
plies- We will have the right
and duty to defond the in-
sured against any "suit'
seeking those damages.
However, we will have no
duty to delend against any"
suif seeking damages to
which this insurance does
not apply. We may, at our
discrstion. investigate any
report of an act, enor or
omission and settle any
claim or 'suit- that may re-
sult. But:
l) The amount we will pay
for damages is limited
as described in SEC-
NON III - UMITS OF
INSURANCE; and
2) Our right and duty to
detend onds when we
have used up the ap-
plicabl€ limit of insur-
ance in lhe payment of
iudgments or settle-
m€nts.
I{o other obligation or liabil-
ity to pay sums or perform
acts or services is covered
unlsss explicidy provided lor
under Supplementary Pay-
menls.
b) This insurance applies to
damagas only i, the act, er.
ror or omission, is n6gli-
genty committed in he"
administration' of your"
employee benefit pro-
gram'; and
1) Occurs during the pol-
icy period;or
2) Occuned prior to tre
eflective date of his
endorsement provided:
a) You did not have
knowledge of a
claim or "suit" on
or before the el-
fective date of this
endorsement.
You will be
deemed to have
knowledge ofaclaimor "suit"
when any
authorized repre-
sentative";
lncludes copyrighted material of lnsurance
Services Otfice, lnc.. with itspermissionGA2330207 Page 2 ol 15
ADVANCE PREMIUM
For Limits in Excess of
s,ooo)
i) Reports all, or
any part, ol he
act, 6rTor or
omission tousoranyother
lnsurer.
ii) Receives a
written or ver-
bal demand or
claim for dam-
ages bocause
of th€ act, er-
ror or omis-
sion. and
b) Thero is no other
applicable insur-
ance.
2) Excl6ions
This insurance does not apply
to:
a)Bodily lniury, Properly
Damage or Porconal and
Advertising lniury
Bodily injury",'properly
damage" or 'personal and
advertising injury'.
b)Dishonest, Fraudulenl,
Criminal or illalicious Act
Damages arising out olanyintentional, dishonest,
fraudubnt, criminal or mali-
cious acl, enor or omission,
commitl€d by any insured,
including lhe willful or reck-
less violation of any stahlto.
c) Failure to Perlorm a Con-
tracl
Damages arising out of farl-
ure of pedormance of con-
tract by any insurer-
d) lnsutliciency ol Funds
Damages arising out of an
insulficiency of lunds to
moet any obligations und€r
any plan included in the'
employee benelit pro-
gram-.
e) lnadeguacy ol Perlorm-
anc6 ol lnveslmenl / Ad-
vice Givcn With Respect
lo Parlicipataon
Any claim based upon:
1) Failure ol any invest-
ment to perform;
2) Errors in providing in-
formalaon on past per-
forrnance of investment
vehicles: or
3) Advice given to any
person vvith respect to
hat person's decision
to participate or not to
participate in any plan
included in the -em-
ployes benefit pro-
gram.
0 workers' Compensation
and Similar Laws
Any claim arising out of
your failure to comply with
the mandatory provisions of
any workers' compensalion,
unemployment compensa-
tion insurance, social secu-
rity or disability benelits law
or any similar law.
g) ERISA
Damages Ior which any in-
sured is liable because ol
liability imposed on a fiduci-
ary by tfre Employee Re-
tiramenl lncome S€curity
Act ol 1974, as now or
hereafter amended, or by
any similar federal, state or
local laws.
h) Available Benefits
Any claim for benalits to the
extenl that such benefits
are available, with reason-
able effort and cooperation
of the insured, from the ap-
plicable funds accrusd or
other collectible insurance.
i) Taxes, Fines or Penalties
Taxes, fines or penallies,
including those impos6d
under the lntemal Rsvenue
Code or any similar state or
local law.
0) Employment-Related
Ptaclices
Any liability arising out ol
any:
1) Relusallo employ,
2) Tenninalion of em-
ployment;
3) Coercion, demotion,
evaluation, reass(1n-
m6nt, discipline, d€fa-
mation, harassment,
humiliation, discrimina-
tion or other employ-
lncludes copyrighted material ol lnsurance
Services Office. lnc., with its permission.GA 233 02 07 Page 3 ol 15
ment-related practices,
acts or omissionst or
4) Consequential liability
as a result of (1), (2) or
3) above.
This exclusion applies
wheher the insured may be
held liable as an omployer
or in any other capacity and
to any obligation to share
damages \dith or repay
someone else who must
pay damages because ol
he iniury,
3) Supplemenlary Paymonts
SECTION I . COVERAGES,
SUPPLEMENTARY PAY.
MEI'ITS. COVERAGES A AND
B also apply to this Coverage.
b. Who is an lnsured
As r€specls Employee Benefit Liabil-
ity Covarage, SECTION ll - WHO lS
AN INSURED is deleted in its en-
tirety and replaced by tre following:
1) lf you are designated in the
Declarations as:
a) An individual,.you and your
spouse are insureds, but
only with rospecl to he
conduct ol a business of
which you are the sole
owner.
b) A partnorship or joint ven-
ture, you are an insured.
Your members, your parl-
ners, and their spouses are
also insureds but only with
respoct to the conduct ot
your business.
c) A limiled liability company,
you ar6 an insured. Your
rnembers are also insureds,
but only wifr respect to the
conducl ol your business.
Your managers are in-
sursds, but only wih re-
spect to their duties as your
managers.
d) An organization oth€r than
a partnership, ioint venturs
or limited liability company,
you are an insursd. Your
executive ofricers" and di-
r€ctors are insureds, but
only with respect to their
duties as your otficers or di-
rectors. Your stockholders
are also insureds, but only
with respecl to thek liability
as stockholders.
e) A trust, you are an insured.
Your tsuslees are also in-
sureds, but only with re-
spect to their duties as
trustses.
2) Each of the lollowing is also an
insured:
a) Each of your 'employees"
who is or was authorized lo
administer your "employee
benefit program'.
b) Any persons, organizationsor 'employees' having
proper temporary authori
zation to administer your
employee benefit program"
if you di€, but only until your
legal representative is ap'
pointed.
c) Your legal represenlalive if
you die, but only with re-
spect to dutiss as such.
That reprss€ntative will
have all your rights and du-
ties under this Cov€rage
Part.
3) Any organization you newly ac-
quire or form, other han a part-
nership, joint venture or limitod
liability company. and over
which you maintain ownership
or majority interest, will qualify
as a Named lnsured if no other
similar insurance applies to that
organization. However, cover-
ag€ undor his provision:
a) ls allorded only until the
l80th day afler you acquire
or lorm he organization or
the end of the policy p€riod,
whichever is earlier; and
b) Does not apply lo any act,
error or omission that was
commihed before you ac-
quired or formed the or-
ganization.
Limils ol lnsurance
respects Employee Benefit Liabil-
Coverage, SECTION lll - UMITS
INSURANCE is deleted in its en-
As
itv
OF
lncludas copydghted material of lnsurance
Services Offico. lnc., with its permission.
c,
tirety and replaced by the lollowing:
l) The Limits ol lnsurance shown
in S€ction B. Limils o, lnsur-
ance, 1. Employee Benelil LF
abilily Goverage and lhe rul6s
belolv fix the most we will pay
regardless o, ths number ol:
a) lnsureds;
GA 233 02 07 Page 4 ol 15
b) Claims made or 'suits"
brought;
c) Persons or organizations
making claims or bringing-
suits";
d) Acts, enors or omissions:or
e) Benefits included in your'
employee b€nefit pro-
gram".
2) The Aggregate Limit shown in
Section B. Umits ol lnsumnce,
1. Employee Bcnelil Liability
Coverage of this endorsemenl
is the most we will pay lor all
damages because ol acts, er-
rors or omissions negligen[y
committed in lh6 "administra-
tion" of your "employee benefit
program.
3) Subiect to the limit described in
2) above, the Each Employee
Limit shown in Section B. Limilsollnsurance, 1. Employee
Benetit Uability Coverage ol
this endorssmenl is the most we
will pay for all damages sus-
tained by any one 'employee',
Including damages sustained by
such'employee's' dependents
and beneficiaries. as a result of.
a) An act, enor or omission; or
b) A series of related acts, er-
rors or omissions, regard-
less ol the amount of time
that lapsas betvveen such
acts, enors or omissions,
negligendy committed in the
administration' of your "em-
ployee benelit program'.
However, the amount paid un-
der his endorsement shall not
exceed, and will be subject to
the limits and restrictions that
apply to he payment of benefits
in any plan included in the "em-
ployee benefit program'.
4) Deductible Amounl
a) Our obligation to pay dam-
ages on behall of the in-
sured applies only to th€
amount of damages in ex-
cess of the deductible
amount stated in the Decla-
rations as applicable to
Each Employee. Th6 limits
of insurance shall not be
reduced by the amounl of
this deductible.
b) The deductible amount
stated in ths Declarations
applies to all damages
sustained by any one "em-
ployee-, including such
employee's" d6pendents
and ben€ficiaries, because
of all acts. errors or omis-
sions to which this insur-
ance applies.
c) The terms ol this insurance,
including lhose with respect
to:
1) Our right and duty to
def€nd tho insured
against any "suits"
seeking those dam-
ages, and
2) Your duties, and he
duties of any other in-
volved insured, in the
event of an act, error or
omission, or claim,
apply inespactive of the
application of the deduclible
amount.
d) We may pay any part or all
of ths deductible amount to
effect settlement of any
claim or 'suit' and, upon
notification of he acton
taken, you shall prompty
rsimburse us for such part
ol the deductible amount as
we have paid.
d. AddilionalCondilions
As respects Employoo Benefil Li-
ability Coveragc, SECTION !V -
COIIillERclAL GENERAL LIAEIL-
ITY CONDITTONS is amended as
follows:
1) ll6m 2. Dutioe in lhe Evenl ol
Occurrence, Otfense, Claim or
Suit is del€ted in its entirety and
replaced by the lollowing:
2. Ouli€ in lho Event o, an Acl, Error or
Omission, or Claim or Suil
a, You must see to it that we are noti-
fied as soon as practlcable of an acl,
error or omission which may r€sult in
a claim. To the extent possible, no-
tice should include.
1) Vvhat tho act, enor or omission
was and when it occuned; and
2) The names and addr€sses of
anyone who may sutfer dam-
ages as 3 rasult of the act, enor
or omtsston.
GA 233 02 07
lncludes copyrighted material ol lnsurance
Services Office, lnc., with its p€rmission.Page 5 of 15
b. lf a claim is made or -suit' is brought
againsl any insured, you must:
1) lmrnedialely record the specifics
ol the claim or 'suit' and the
date received; and
2) Notify us as soon as praclicable.
You must see to it that we rsceivs
written notice of the claim or "suit" as
soon as practicable.
c. You and any otfrer involved insured
must:
1) lmrnediately send us copies of
any demands, notices, sum-
monses or legal papers re-
ceivsd in connection with he
claim or'suit":
2) Authorize us to obtain records
and oher information;
3) Cooperate with us in the investi-
galion or setllernent ot the claim
or defense against tho 'suit';
and
4) Assist us, upon our request. in
the enforcement of any right
againsl any person or organiza-
tion which may be liable to lh6
insured because ol an act, enor
or omission to which his insur-
ance may also apply.
d. No insured will, except at hat in-
sured's own cost, voluntarily make a
payment, assumo any obligation, or
incur any expense without our con-
sent.
2) ltem 5, Olher lnsurance is de-
leted in its entirety and replaced
by fre following:
5. Other lnsurance
lf olher valid and coll€ctiblo
insurance is available to tre
insured for a loss we cover
under his Cov€rage Part,
our obligations are limited
as {ollows:
a, Primary lnsulance
This insurance is pri-
mary except when c.
below applies. ll ttris
rnsurance ts pnmary,
our obl(rations ar€ not
aflectad unless any of
the other insurance is
also primary. Then, we
will share wittr all ttrat
other insurance by the
method doscribed in b.
below.
b. llathod ol Sharing
lf all of ttre other insur-
ance permits contibu-
tion by equal shares,
we will lollow this
method also. Under
this approach each in-
surer contributes equal
amounls until it has
paid its applicable limit
of insurance or noneofthelossremains,
whichsver comes first.
lf any of the oher in-
surance does not per-
mit contribution by
equal shares, we will
conkibute by limits.
Und€r this rnehod,
each insurer's share is
based on the ratio of its
applicable limit ot in-
surance lo the total ap-
plicable limits of insur-
ance of all insurers.
c. No Coverage
This insurance shall not
cover any loss for
which he insured is
entited to recovery un-
der any oher insur-
ance in lorce previous
to he efrective date of
this Coverage Part.
Addilional tlefi nilions
As rospocls Employee Benefil Li-
ability Coverage, SECnON V -
DEHNffiONS is amended as fol-
lows:
1) The lollowing definitions are
added:
1.'Administration'means:
a. Proviling information to
employees", includingheirdependentsand
beneficiaries. wilh re-
spect to eligibility for or
scope ol "employee
benefit programs',
b. lnterpreling lhe -em-
ployee b€nefit pro-
grams";
c, Handling records in
conneclion with the
employee benefit pro-
grams"; or
d. Effecting, continuinq or
terminating any 'em-
ployee's" participation
e
lncludes copyrighted material ol lnsurance
Services Office, lnc., with itspermissionGA2330207 Page 6 ol15
in any benefit included
in the 'employee bene-
fit program'.
However, "administration"
does not include:
a, Handling payroll de-
ductions, or
b. The lailure to etfect or
maintain anyinsuranceoradequatelimitsof
coverage of insurance,
including but notlamitadtounemploymentin-
surance, social security
benefits, workers' com-
pensation and disability
benefits
2. 'Cafeteria plans" means
plan authorized by applica-
ble law to allow 'employ-
ees' to elect to pay for cer-
tain benefits wilh pre-lax
dollars.
3. "Employee benefit pro-
grams' means a program
prov3ing some or all of tfre
following benelits to 'em-
ployees", whether provided
through a "cafeteria plan" or
ottrenaise:
a, Group life insurance;
group accid€nt ol
health insurance; den-
tal, vision and hearing
plans j and llexible
spending accounts;
provided that no one
other lhan an "em-
ployee" maysubscribetosuchbenetitsand
such benefits are made
gen€rally available to
those 'employeas" who
satisty the plan's eligi-
bility requirements;
b. Profit sharing plans,
employee savings
plans,omployes stock
ownership plans, pen-
sbn plans andstocksubscriptionplans,
provided that no one
other than an "em-
ployee" maysubscribetosuchbenetitsand
such benefits are made
generally availabletoall "employees' who
are eligible under the
plan for such benefits;
c. Unemployment insur-
ance, social security
lncludes copyrighted material of lnsurance
Services Otfice. lnc.. with its permrssion.
benefits, workers' oom-
pensalion and disability
b6nefits: and
d. Vacation plans, includ-
ing buy and sell pro-
grams; leave of ab-
sence programs, in-
cluding military, mater-
nity, family, and civil
leave: tuition assis-
tance plans; transpor-
tation and healh club
subsidies.
2) The following definitions are
deleted in heir entirag and re-
placed by the following:
21 . 'Suit' means a civil pro-
ceeding in which money
damages because of an
act, enor or omission to
whbh this insurance applies
are alleged. 'Suit" includes:
a. An arbitration pro-
ceeding in which such
damages are claimed
and to which ths in-
sur€d must submit or
do€s submit with our
consent;
b. Any other alternative
dispute resolution pro-
ceeding in which such
damages are claimed
and to which he in-
sured submits with our
consent; or
c, An appeal of a civil
proc€eding.
8. "Employee" means a per-
son actvely employed, for-
merly employed, on leave
of absence or disabled, orretired. 'Employee" in-
cludes a "leased worker".
Employee' does not in-
clude a "temporary worker'.
Uninlentional Failure lo Disclose Haz-
ards
SECNON IV - COIIMERCIAL GENERAL
UABILIW CONDITIONS, 7. Bepre3en-
tations is hereby amendod by th€ addi-
lion of the following:
Based on our dependence upon your
representations as lo existing hazards, if
unintentonally you should fail to disclose
all such hazards at the inc€ption date of
your policy. we will not reject coverage
under lhrs Coverage Part basod solsly on
such failure.
2
GA 233 02 07 Pago 7 ol 15
3. Damage lo Premises Renled lo You
a. The last Subparagraph ofParagraph2. SECTION I - COVERAGES.
COVERAGE A.. BODILY INJURY
AND PROPERTY DAI'AGE, 2. LI-
ABIUTY Exclusions is hgreby de-
leted and replaced by the following
Exclusions c. through q. do not apply
to damage by fr€, explosion, light-
ning. smoke or soot to premises
while rented to you or temporarily
occupied by you with permission of
the owner.
b. The insurance provided under SEC-
NON I. COVERAGES, COVERAGEA. BODILY INJURY AND PBOP.
ERTY DAMAGE UABILITY applies
to'prop€rty damage" arising out of
water damage to premises that are
both rented to and occupied by you.
1) As respacts Water Damage Le-
gal Liability, as provided in
Paragraph 3.b. above:
The exclusions under SECTION
I - COVERAGES, COVERAGEA. BODILY INJURY AND
PROPERW DAMAGE UABIL-
lTY, 2, Exclusions, other than i.
War and the Nucleat Energy
Liability Exclusion, are deleled
and the lollotving are added:
This insurance does not apply
o:
a) 'Property damag€":
1) Assumed in any con-
tract; or
2) Loss caussd by or re-
sulting lrom any of fie
following:
a) Wear and tear;
b) Rust. corrosion,
fungus, decay,
deterioration, hid-
den or latent de-
lect or anyqualityinpropertythat
causes it to dam-
ags or destroy it-
self;
c) Smog;
d) Mechanical
breakdown in-
cluding rupture or
burstingcausedbycentrilugal
force,
lncludes copyrighted material of lnsurance
Services Office. lnc., witr its permission.
e) Settling, cracking,
shrinking or ex-
panston; or
f) Nesting or infesta-
lion, ordischargeorreleaseof
waste products or
secretions, by in-
sects, birds, ro-
dents or oher
animals.
b) Loss caused directly or indi-
reclly by any of the lollow-
tng:
1) Earhquake, volcanic
eruption, landslide or
any otrer earth move-
ment:
2) Water hal backs up or
overllows from a
sewer, drain or sump;
3) Watar under the
ground surtace Press-
ing on, or flowing or
saeping through:
a) Foundations,
walls, floors or
pavod surfac€s;
b) Basements,
wheher paved or
not, or
c) Doors, windows or
other openings.
c) Loss caused by or resulling
from water that leaks or
flows from plumbing, heat-
ing, ak conditioning, or fire
protection systems caused
by or resulting from freez-
ing, unless:
1) You did your best to
maintain heat in the
building or structure; or
2) You drained the
equipment and shut otf
the water supply il the
heat was not main-
tained.
d) Loss to or damage to:
1) Plumbing, heating, air
conditioning, fire pro-
tsction systems, or
other equipmenl or ap-
pliances; or
2) The interior of any
building or structure, or
to personal property in
the building or structurs
GA 233 02 07 Page I ol15
caused bY or resulting
hom rain, snow, sleet
or ice, whelher drivgn
by wind or not.
c. Limit ol lnsurance
The Damage to Premises Rented to
You Limit as shown in lhe Declara-
tions is amended as follows.
2) Paragraph 6. of SECTION lll -
UMITS OF INSURANCE is
hereby deleted and replaced by
the following:
6. Subject to 5. above, the
Damage to Premisos
Rented to You Limit is the
mosl we will pay under
COVERAGE A. BODILY
INJURY AND PBOPERTY
DAMAGE UABILITY, for
damages because ol"
property damage" to
premises while rented to
you or temporarily occupied
by you witr permission ol
the owner, arising out ol
any one "occurrence' to
which his insurance ap-
plies.
3) The amount we will pay is lim-
ited as described in Section B.
Limils of lnsurance, 3. Dam-
age to Premises Benled to
You of this endorsement.
Supplementary Paymenls
Und€r SECTION l- COVEFAGE, SUP-
PLEMENTARY PAYMENTS - COVER.
AGES A AND B:
a. Paragraph 2. is replaced by the fol-
lowing:
Up to the limit shown in Section B.
Limils of lnsurance, 4.a. Bail Bonds
ol this endorsement lor cost ol bail
bonds required because ol accidents
or kaffic law violations arising out of
the use of any vehicle lo which the
Bodily lniury Liability Coverage ap-
plies. We do not have to furnish
hese bonds.
b. Paragraph 4. is replaced by the fol-
lowing:
All reasonable €xp6nsss incurrsd by
the insured at our requesl to assisl
us in the investigation or dofsnse of
the claim or "suit", including actual
loss of earnings up to the limit shown
in Section B. Limits ol lnsurance.
4.b. Loss of Eamings of this en-
dorsement per day because of time
otf from work.
6.
lncludes copyrighted malerial ol lnsurance
S€rvices Otfice,lnc.. wih its permission.
Medical Payments
The Medical Expense Limit of Any One
Person as stated in the Declarations is
amended to the limit shown in Section B,
Limils ol lnsurance, 5. Medical Pay-
ments of this endorssment.
Voluntary Property Damage and Care,
Cuslody or Conlrol Liability Goverage
a. Voluntary koperly Damage Cov-
erage
We will pay tor 'property damage' to
property of otrers 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.
Wtr your consent, we will make
these payments r€gardless of fault.
b. Care, Custody or Control Uability
Coverage
SECTION I - COVERAGES, COV.
ERAGE A BODILY INJURY AND
PROPERTY DAMAGE UABIUW, 2.
Exclusions, i. Damage lo P?opcrly,
Subparagraphs (3), (4) and (5) do
not apply to 'property damage' lohepropertyolothersdescribed
therein.
Wilh respect to the insurance provided by
this section ol he endorsement, lhe fol-
lowing additional provisions apply.
a. The Limits ol lnsurance shown in hs
Declarations are replaced by the lim-
its designated in Section B, Limits ot
lnEurance, 6. Voluntary Property
Damage and Care, Cuatody or
Control Liability Coverage of this
endorsernent with rssp€ct to cover-
age provided by this endorsement
These limils are inclusive of and not
in addition to th6 limits being re-
placed. The Limits ol lnsurance
shown in Section B. Limits ol ln6ur-
ance, 6. Voluntary Property Dam-
age and Care, Cuslody or Conlrol
Uability Coverage ol this endorse-
m€nt fix tho most we will pay in any
ons 'occurrence" regardlsss ol the
number ol:
1) lnsureds;
2) Claims made or 'suits" brought;
or
3) Persons or organizations mak-
ing claims or bringing "suits".
5
4
GA 233 02 07 Page 9 o, 15
b. Deduclible Clause
1) Our obligation to pay damages
on your behatf applies only to
the amount of damages for each'
occurrenc6" which are in ex-
cess of the deductible amount
stated in Section B, Limits ol
lnsurance, 6. Volunlary ProF
erty Damago and Care, Cus-
lody or Control Liability Cov-
erage of this endorsement. The
limits of insurance will nol bs r€-
duced by the application of such
deductible amount.
2) Condition 2. Duties in lhe Evenl
ol Occurrence, Ottense, Claam
or Suil, applaes to each claim or'
suit' inespective of ths amount.
3) We may pay any parl or all o,
the deductible amounl to etfect
ssttem€nt of any claim or 'suit"
and, upon notification of lhe ac-
tion taken, you shall promptly
reimburs€ us for such part of the
deductible amount as has be€n
paid by us.
7. 180 Day Coverage lor l,lewly Formd or
Acquired Organizations
SECTION 1l - WHO lS AN INSURED is
amended as follows:
Subparagraph a. ol Paragraph 4. is
hereby deleted and replaced by the foF
lowing:
a. lnsurance under this provision is af-
forded only until the 180th day atter
you acquire or form theorganizationorlheendofthepolicyperiod,
whichever is earlieri
8. Waiver ol Subrogation
SECTION IV. COiIIiERCIAL GENERAL
UABIUTY CONDITIONS, 9. Tramler ot
Bighls ol Rccovery Agairct Olhers lo
Us is hereby amended by the addition of
tre 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
waiver with that person or organization
and included in he "productscompleted
operations hazard" However, our rights
may only be waived prior to the 'occur-
rence" giving ris€ to the injury or damago
for which we make payment under his
Coverage Part The insured must do
nohing after a loss to impair our rights.
At our request, the insured wrll bring tuit'
or uansfer thos€ rights to us and help us
enlorce those rights
Automalic Additional lnsured - Speci-
lied Rolaliooships
a. Th6 following is hereby added to
SECTION II . WHO IS AN INSURED:
1) Any person or organization de-
scribed in Paragraph 9-a.(2)
below (hereinafler relened to as
additional insured) whom you
are required to add as an addi-
tional insured undsr this Cover-
age Part by reason of:
a) A written confacl or
agreemsnt;or
b) An oral agreement or con-
bact where a certificale of
insuranc€ 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 efrectorbecomsseffective
during he policy pe-
riod; and
2) Executed prior to an
occunence'or offense
to whbh his insurance
would apply; and
b) They ar€ not specifically
named as an additional in-
sured under any oher pro-
vision of, or endorsement
added to, this Coverage
Part.
2) Only the lollowing persons or
organizations are additional in-
sureds undsr this endorsement,
and insurance cov€rage pro-
vided to such additional in'
sureds is limited as provided
herein:
a) The manager or lossor of a
premises leased to you with
whom you have agreed per
Paragraph 9.a.( l ) above to
provide insuranco, but only
with respect to liability aris-
ing out of the o$fiership.
maintenance or use ol that
part of a premises leased to
you, subject to the following
additional exclusions:
This insurance do€s not
apply to:
1) Any "occuronce"
which takes plac6 after
o
lncludes copyrighted material of lnsurance
Services Otfice, lnc.. yr.ith its permission.GA 233 02 07 Page 10 ol 15
c) Any physical or
chsmi,oalchangeintheproduct
made int€ntionally
by the vendor;
d) Repackaging, un-
lgss unpacked
solely for he pur
pose of inspection,
demonsbation,
testing, orthesubstitutionofpartsunderin-
sfuctons from the
manufacturer, andhenrepackagedinheoriginal
container;
e) Any lailure to
make such in-
spections, adjust-
ments, lssts or
servhing asthevendorhas
agreed to make or
normally under-
tak€s to make in
the usualcourseofbusiness, in
connection with
the distribution or
sale of the prod-
ucts;
0 Demonstsation, in-
stallation, servic-
ing or repair op-
orauons, sxc€plsuchopsrations
performed at the
v€ndor's premises
in connectionwilhthesaleofthe
product;
g) Products which,
atter distribution or
sale by you, have
been labeled or
relabeled orusedasaconlainer,
part or ingredienl
of any other thing
or substance by or
for lh€ vsndor.
lncludes copyrighted material of lnsurance
Services Office, lnc., with ils permission.
This insurance
not apply to an
sured person or
ganization:
a) From whomyouhaveacquired
such producls, oranyingredient,
part or container,
entering into, ac-
does2)
in
or
v
GA 238 02 07 Page 11 ol 15
you cease to be a ten-
ant in that premises.
2) Structural alterations,
new construction or
demolition operations
performed by or on be-
half ol such additional
insured.
b) Any person or organization
from which you lease
equipment with whom you
have agreed per Paragraph
9.a.(1) abova to provide in-
surance. Such person(s) or
organization(s) are insureds
solely witr r€sp€ct to heir
liability arising out of the
mainlenance, operation or
use by you ol equipment
leased to you by such per-
son(s) or organizations(s).
However. his insurance
does not apply to any "oc-
cunencs' which tiakes place
afler the equipment lease
exPrres.
c) Any person or organization
refened to below as ven-
doo with whom you have
agrood per Paragraph
9,a.(1) above to provide in-
surance, but only witr re-
sp€ct to 'bodily injury' or
property damage' arising
out of "your products' which
are disbibuted or sold in the
regular course ol the ven-
dor's business, subject to
tre lollowing addilional ex-
clusions:
1) The insuranceaflordedtrevendordo€s not
apply to:
a) "Bodily injury' or
property damage"
lor which the ven-
dor is obligated to
pay damages by
reason of the as-
sumption of liabil-
ity in a contract or
agreement. This
exclusion does not
apply to liability for
damages hatthevendorwould
have in the ab-
ssnce of the con-
tract or agre€-
msnli
b) Any express war-
ranty unauthorized
by you;
companyrng or
containing such
products; or
b) When liability in-
cluded within the
products-
completed opera-
tions hazard' hasbeenexcluded
under this Cover-
age Part wih re-
sPect to such
products.
d) Any state or politrcal subdi-
vision with which you have
agreed per Paragraph
9.a.(1) above to provide in-
suranc€, subiect lo he fol-
lowing additional provision:
This insurance applies only
wilh respect to th6 lollowing
hazards for which the state
or political subdivision has
issued a permit in connec-
tion with premises you own,
rent or control and to which
this insurance applies:
1) The exislence, mainte-
nanc6, r6patr, con-
stuction, erection, or
removal of . advertising
srgns, awnrngs, cano-
pi6s, collar entrances,
coal holes, driveways,
manholes, marquees,
hoist away openings,
sidewalk vaults, sbeet
banners. or decora-
tions and similar expo-
suros; or
2) The construction, erec-
tion, or removal of ele-
vators; or
3) The ownership, main-
tenance. or use of any
lovators covered by
his insuranc€.
e) Any stato or political subdi-
vision wi$ which you have
agreed per Paragraph
9.a.(1) above to provide in-
suranco, subiect to the fol-
lowing provisions:
1) This insurance applies
only with resp€ct to op-
orations p€rtormed by
you or on your behalf
for which th6 state or
political subdivision has
issued a p€rmit.
2) This insurance does
not apply to 'bodily in-
jury', "property dam-
age- or "personal and
advertsing injury' aris-
ing out of operations
porlormed tor the state
or political subdivision.
0 Any person or organization
with which you haveagreedp€r Paragraph 9.a.(1)
above to provide insurance,
but only with resp€ct to li-
ability arising out of 'your
work" performed lor hat
additional insured by you or
on your behalr. A person or
organization's status as an
insured under this provision
of this endorsement contin-
ues lor only ttre period of
time required by the writton
contract or agregment, but
in no evenl beyond the ex-
piration date of this Cover-
age Part. lf here is no
written contract or agree-
ment, or if no period ol time
is required by the writt€n
contract or agreement, a
person or organization's
stahis as an insuredunderthisendorsementends
when your operations lor
that insured are completed.
3) Any insurance provided to an
additional insured designated
under Paragraph 9.a.(2):
a) Subparagraphs (e) and (0
does not apply to 'bodily
injury" or'property damage"
included wihin the "prod-
ucts{ompleted operations
hazard";
b) Subparagraphs (a), (b), (d),
e) and (f) does not apply to'
bodily injury", "property
damaoe" or "personal and
advertising injury- arising
out ol he sola negligence
or willful misconduct of the
additional insurod or heir
agents, 'employees' or any
other representrative of the
additional insured; or
c) Subparagraph (0 does not
apply to 'bodily injury','
properly damage" or 'per-
sonal and advertising injury-
arising out of:
1) Defects in design fur-
nished by or on behalf
lnclud6s copyrighted material of lnsurance
Services Oftice, lnc.. with its permission.GA 233 02 07 Page 12 ot l5
of the additional in-
sured: or
2) The rendering of, or
Iailure to render, any
prolessional architec-
tural,.engineedng.or
surveyrng servtces, In-
cluding.
a) The . preparing,
approving or faiF
ing to prepareorapprovemaps,
shgB drawings,
opinions, reports,
survsys, field or-
ders, change or-
ders or drawings
and specifications;
and
b) Sup€rvisory, in-
spection, archi-
tectural or engi-
neering activities.
3) 'Your work" for which a
consolidated (wrap:up)
insurance program has
been provided by the
primecontractor-project
rErnager or owner ol
tho consfucton proiect
in which you are in-
volved.
b. Only wih regard to insurance pro-
vided to an additional insured desig-
nated und€r Paragraph 9.a.(2) Sub-
paragraph (0 above. SECTION lll -
UMITS OF INSURANCE is amended
to include:
The limits applbable to the additional
insured are those specifud in the
written contract or agreament or in
the Declarations of ttris Coverage
Part, whichever are less. ll no limits
are specified in the written contract
or agreement, or il there is no written
contract or agre€m€nt, he limits ap-
plicable to the addilional insured are
those specified in the Declarations of
lhis Coverage Part. The limits of in-
surance are inclusive of and not in
addition to the limits ol insurance
shown in the Doclarations.
c. SECTION lV - COMMERCIAL GEN-
EBAL LIABIUW CONDITIONS is
hereby amended as ,ollows:
1) Condition 5. Olher lnsurance is
am6nded to include:
a) Where required by a written
conbact or. agreoment, this
insurance is primary and /
or nonconlributory as re-
spects any other insurance
policy issued to the addi-
tional insured. and such
otrer insurance policy shall
be excess and / or noncon-
hibuting, whichever applies,
with this insurance.
b) Any insurance provided by
this endorsement shall be
primary to other insurance
available to the additional
insured except:
t) As otherwiseprovidedinSECTIONlV
COMMERCIAL GEN-
ERAL LIABIUTY
coNDtTloilS, 5. orher
Insurance. b. Excess
lnsurance; or
2) For any other valid and
collectible insurance
available to the addi-
tional insured as an
addidonal insured by
attachment of an en-
dorsemgnt to another
insurance policy that is
written on an excess
basis. ln such case,
the cov€rage provid€d
under this endorse-
ment shall also be ex-
cess.
2) Condition 11. Conlormanco to
Specilic Writlen Conlracl or
Agreement is hereby added:
11. Conformancc loSpecifcWrittenConlractor
Agreement
Wh respsct to additional
insureds described in Para-
graph 9.a.(2)(f) above only:
ll a written confact or
agreement between you
and the additional insured
spscilies that coverage lor
tre additional insured:
a. Be provided by the ln-
surance S€rvic€s Of-
fce additional insured
form numbor CG 20 10
or CG 20 37 (whor€
edition specified); or
b. lnclude coverage lor
completed op€ralions;
or
c. lnclude coverage for
your work";
and where the limits or cov-
erage provided to the addi-
lncludes copyrighted material ol lnsurance
Services Otfice,lnc., wih itspermissionGA2330207 Page 13 o, 15
11. ol this endorsement fix the
most we will pay in any one 'oc-
cunence" regardless ol the
number ol:
a) lnsureds;
b) Claims made or 'suits"
brought; or
c) Persons or organizations
making claims or bring
suits-.
2) Oeduclible Clause
a) Our obligation to pay dam-
ages on your behalf applies
only to the amount ol dam-
ages for each 'occunence'
which are in excess of the
Deductible amount stated in
Section B. Limits ot lnsur-
ance, 11. of his endorse-
ment. The limits of insur-
ance will not be reduced by
the applicalion ol such De-
ductible amount.
b) Condition 2. Dulies in lhe
Evsnl of Oceurrence, Ol-
fense, Claim or Suit, ap-
plies to sach claim or 'suil.
insspective ol the amount.
c) We may pay any part or all
of the deductible amount to
etfect settlement ol any
claim or 'suit" and, upon
notification of lhe action
taken, you shall promptly
roimburse us for such part
of the deductible amounl as
has been paid by us.
12. Employees as lnsureds - Specitied
Health Care Services
It is hereby agrged that Paragraph
2.a.(1xd) of SECTION ll - WHo lS AN
INSURED, does nol apply to your'em-
ployees" who provide prolessional healttr
care services on your behalf as duly li-
censed:
a. Nursss;
b. Emergency Medical Technicians; or
c. Paramedics,
in the .lurisdiction where an "occutrence"
or otlense to which his insurance applies
takes place.
13. Broadened Nolice ot Oocurrence
Paragraph a. ol Condition 2. DutiesintheEventolOccurrence, Offense.
Claim or Suil (SECTION lV - COMMER-
CIAL GENERAL UABIUTY CONDI-
GA 233 02 07
lncludes copyrighted material of lnsurance
Services Otfice, lnc., with its permission.Page l4 o, 15
tional insured is more re-
strictjve than was specifi-
cally required in that written
contract or agreern€nt, thetermsofParagraphs
9.a.(3xa). 9.a.(3xb) or 9.b.
above, or any combination
thereol, shall be interpreted
as providing the limits or
coverage requir€d by the
terms ol the written contract
or agroement, but only to
the extent lhat such limits or
coverage is included within
the terms of the Coverage
Part to which this endorss-
ment is attached. lf, how-
ever, the wriften contract or
agreement specilies the ln-
surance Servic€sOtficeadditional,nsured form
nurnber CG 20 10 but does
not specify which €dition, or
specifies an edition that
does not exist, Paragraphs
9.a.(3)(a) and 9.a.(3xb) of
lhis endorsement shall not
apply and Paragraph 9.b. of
this endorsement shall ap-
pty,
10. Broadened Conlractual Liability - Work
Wilhin 50' ol Railroad Property
It is hereby agreed trat Paragraph l.(1) of
Definition 12. "lnsured contract' (SEC.
TloN V - DEHNmONS) is deleted.
11. Properly Damage lo Borrowed Equip
menl
a. The tollowing is hereby added to Ex-
clusion i. Damage lo Proporty of
Paragraph 2.. Exclusions of SEC-
TION I . COVERAGES, COVERAGEA. BODILY INJURY AND PROP.
ERTY DAMAGE LIABIIJTY:
Paragraphs (3) and (4) ol this exclu-
sion do not apply to tools or equip-
ment loaned to you, provided they
are not being used to psrform opera-
tions at the time of loss.
b. Wh respect to he insurance pro-
vided by this section of the en,
dorsement, the lollowing additional
provisions apply.
1) Tho Limits of insuranco shown
in the Declarations are replaced
by the limits designated in Sec-
tion B. Limits ol Insurance. 1 i.
of this endorsernent withrespecttocoverageprovidedbythis
endorsement. Thsse limits are
inclusive ol and not in addition to
the limits being replaced. The
Limits ol lnsuranc€ shown in
Section B. Limils ol lnsuranca,
TIONS) is hereby deleted and replac€d
by the following:
a. You must sse to it that we are noti-
fisd as soon as practicable ol an
occunence' or an offense which
may result in a claim. To the extent
possible, notice should include:
1) How, when and where the "oc-
cunence'or oftense took place;
2) The names and addresses of
any injured persons and wit-
nesses;and
3) The nature and location ol anY
iniury or damage arising out ol
fre 'occurrence" or offense.
This requirement applies only when
the "occurrence'or otlense is known
to an "authorized representative".
GA 233 02 07
lncludes copyrighted material of Insurance
S€rvices Office, lnc., with its p€rmission.Page 15 of 15
THIS ENOORSEMENT CHANGES THE POLICY. PLEASE READ TT CAFEFULLY.
ADDITIONAL INSURED BY CONTRACT
This endorsement modifies insurance provided under the tollowing
BUSINESS AUTO COVERAGE FORII
GAFAGE COVEFAGE FORiT
This endorsement changes he policy eflective on the inception dats o, h6 policy unlass another date is indi-
cated balow.
Endorssment Eflective
0t-0t-20t6
Policy Number:
ElA 021 73 59
Named lnsured
AIIE ELECTNIC INC, VENSATILE PROPERTIES LLC
Countersigned by
prese
With rsspect to coverage provided by this endorsemenl, the provisions ol he Coverage Form apply unless
modified by the sndorsement.
SECTION ll - LIABILIW COVERAGE, A. Cover-
age, I. Who is an lnsured is amended to include
as an insurod any person or organizalion with
which you hav€ agreed in a valid written contract
to provid€ insurance as is atforded by this policy.
This provision is limitad to lhe scope ol the valid
written contract.
This provision does nol apply unloss the valid
written contract has been €xacutad prior to the
bodily injury- or "properq damaga'.
AA 417t 11 05
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ ]T CAREFULLY.
BLANKET WAIVER OF SUBROGATION - AUTO
This endorsement modifies insurance provided under the following:
BUSINESS AUTO CoVERAGE FoBl,
This endorsement changes the policy etlective on lhe inception data o, the policy unless anothsr date is indi-
cated b6low.
Authoriz Repre
With respect to coverago providod by this endorsement, the provisions of the Coverage Form apply unless
modilied by h6 endorsoment.
1 Blankel Waiver ot Subrogalion
SECTION IV - BUSINESS AUTO CONDI.
nONS, A. Los3 Conditions,5. Transter ol
Fighls ol Recovery Against Olhors lo Us is
amended by the addition o, th€ following:
We waive any right of rscovory we may have
against any person or organization becaus€
ol payments we make for 'bodily injury' or
property damags" arising out o, the operation
of a covered "auto- when you have assumed
liability lor such "bodily injury" or 'propsrty
damage" under an 'insured contract", pro-
vided ths -bodily injury' or 'property damage"
occurs subsequent lo the sxecution ol ths 'in-
sured contract'.
Endorsement Eflective
ol-01- 2016
Policy Number:
EaA Ozt 73 5t
A}IE ELECTNTC I]{C, VERSATILE PROPERTIES LLC
Namsd lnsured
Countersigned by
AA 4172 09 09
TRAYELERSJ
O{E TOIEISqJAREIRTFoRO, CT 06tC3
WONKERS COUPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDoRSEMEI{T WC oo o:r 13 (00)-06
POLICY NUMBER: ( IorcouB-i 757x25-2-17')
WAIVER OF OUR RIGHTTO RECOVER FROM OTHERS ENDORSEMENT
We have lhe rlght to raco\€r our paymsnts from anyonE llaue for an lnjury covered by thls pollcy. W€ wlll not
6r orce our rlght agalnst the person or organlzallon namsd ln the Sch6duls. Ohls agreement applle3 only to lhe
elderil that you perform work under a wringn cortract that requlros you to obtaln thls agreemstt from us.)
Thb agro€marft shall not op€rate dlroctly or lndlrectly to bon€llt any onE not named ln the Schedulo.
SCHEDULE
DESIGNATEO PERSON:
DESIGNATED ORGANIZATION:
F-
o73aa!
DATEOFISSUE: l1-2s-16 $IASSIGN:
ANY PERSON OR ORGANIZATION FOR UHICH THE INSURED HAS AGREED
BY URITTEN CONTRACT EXECUTEO PRIOR TO LOSS TO FURNISH THIS
WAIVER.
Bond No. IDC 44614
Pertormance Bond
CONTRACTOR:
Noue, legal stanl' ond addrasr)
AME Electric, lnc.
3621 Arthur St
Caldwell. lD 83605
amounr: g 181 ,000.00
lodifi?ations to tlris Bond: I Nonc
CONTRACTOR AS PRINCIPAL
Coalrzry:
AME Ele;tric. ir1c,
Signaturc: _
Name
and l'itle:
Document A312'tM -2010
OWNER:
Na c.legalstaur orul oddrcrs)
City ol Meridian
33 East Broadway Avenue
N,leridian, lD 83642
CONSTRUCTION CONTRACT
Date: March 29. 20'17
rnounu $ '181 .000.00 One Hundred Eighty One Thousand Dollars and 00/'100
Desc.iption:
Nonte ond locotion)
SCADA System Upgrades lor PRV'S 2,6,1 0,14,23 and 26. Project # 1 0680.C
BONO
Date: March 29, 20'17
Not eo iet lhan Cotltlnotion (:ontracl Dale)
Conforms with The Ame.ican lnslllule of Architects AIA Oocument 3'12
SURETY:
Ndfie, legal slans dnd prlncipal place of bnslness)
N4erchanls Bonding Company (Mutual)
PO. Box 14498
Des Moines, lA 50306 - 3498
Malllng Addrsss for Notlces
Merchants Bonding Company (lvlutual)
P.O. Box 14498, Des Moines, lA 50306'3498
Thls doqrmsnt has lnporlant legal
consequencas. Consullallon wilh
an attomey b encouraged with
rospoct to its complotlon or
modlllcallon.
Any slnguhr rolelence lo
Contraclor, Surely, Owner or
olher party shall be conslder€d
plural wher6 appllcable.
Corporate Seal)
ng omp (Mutual)
Baug h
One Hundred Eighty One Thousand Dollars and 00/100
Scc Scctioa 16
SURETY
CompMyr
Merchants B
z
Signaturc:
Namc
Any odditiohdl siplontftr owdr on thc latt Ngz of thit Pcrfonnonce Boml.)
FOR INFORMT4TION ONLI' - Naue, addnss aad telephone)
AGENT or BROKER:
The Hartwell Corporation
PO Box 400
Caldwell, lD 83606
208-459,1678
s-'t 852/AS 8/1 0
OWNER'S REPRESENTATIVE:
Atchitect, Enqheet or olet pott:)
and Tirle Attorney-in-Fact
S I Thc Conuactor alld Surcty, joiDtly md scverally, bind thcmsalves, lhair h€lrs, exccutors, odmini.tlntors, suctessors and assi8ns to tlte Orvner fot
the performsnce ofthe Co6truction ConEad, *fiich is incorponted h€rcin by rcfcnncc.
S 2 Ifthe Contraclor performs the Conslruction Contract, fic Surety ond lhe Contmctor shsll have no obtigation undqr lhis Bond, exccPt whcn
spplicablc lo panicipste in s conference 6s provided in Saction 3.
S 3 If thcre is no O\l1ler l)efsult under he Construction Contract, th€ Surcty's obligilion undcr lhis Bond shrll disc aflcr
1 the Owner first providcs noticc to thc Conksctor ad thc Surety thst ore Orvner is considEint dccladng I Conlrsctor Defoull Such
notice shtll indicstc whctbcr th€ OwIrcr fu rEqucsting a confcre&c lrnont tha Owncr, Codractor and Surcty to discuss $c
ContBctor's pcrforrlancq, Ifthc Owncr docs not rcqucst a clnfcrencc, thc Surcty nay' wilhin fivc (5) busincss dlys oicr rccrlpl of
lhc Owncr's notice, request such a confcrence. lftbe Suety timely rcqucs8 ! corferelca, thc Orvncr shall lttend. Unlcss the Orvncr
sgrees orh.rwisr, any confcrcrtc.e rcquerled und.r this srction 3,I shall bc h€ld within teo ( l0) bGincss dsys oflhc Suct/s rcceipt
oftbc Ovme/s noticc. Ifthc O\er, the Contrador aDd olc Surcty agtlc, thc Conlocto. shall bc allow.d . tlosonoblc time to
perform thc Construclion Contrdct, but such 6n ogrecment shall not s6ive 0l€ Owne/s right, ifany, suhequcntly lo declare a
Confacto. Default;.
2 thc Orurcr declarcs a Conrador Dcfaull, tcrminatcs the Cooslructioi Coolract 3nd notifics thc Sur€ty; and
3 the Owoer has agccd to pay thc Balaoce ofthe Conlract Pricc in sccordancc with the terrns ofthe Consfuction Conlract to thc
Surrty or to a contoctot selected to perform lhe Constuction Coitmct.
S 4 Fqilu.c oo the pan of thc O*ncr to comply with thc noticc rcquircmcnt in Scctiotr 3,1 $all lot coNtitutc a failure io comply $/ilh a condition
prcccdcnt to Lhc Surcty's obligations, or relcasc thc Surety tom its obligllions, excepi to the extcnt dre Surety dernonslnl6 ac{ual prejudice.
S 5 Whcn the Owncr hrs satisfied the condilions ofsection 3, thc Surct, shallp.omptly ond at &e Surcty's cxpcnse lake onc ofthc following actlons:
5 5.1 furm$ for the co[kactor, with lhe conscnt of the owncr, to pcrform otd complate thc Construction Conlrtlcl;
S 5.2 Undcrtakc lo pcrform and complcte the Conslruction ConEact i6eli lhrough ils ogents or indep€ndEnt conlmclors;
S 5,4 Waivc its ritht to pcrform and complelc, snangc for conpletioD, or obtah r nclv contractor lnd with Easonablc promphess undcr lhc
circumslonccs:
l Ancr invcsligation, dctctminc lhc amount for lvfiich it may b€ lidblc to lhe OwDer an4 as soon as pracdclble aftcr lhc amount is
dctcrmincd, makc paymcnt to thc O\heri o.
2 Deny liability in whole or in part aod lolify urc Orvncr, citing 0re rcasons for drnial.
5 6 lf$c Surely does not pmeed es provided in S€ction 5 with rcasonsblc Fomptncss, thc Surcty shall be deemed to be in dcfault oo tbis Bood
seven dals a0cr receipt of0n additional \tritlen nolice fiom the OrYtrer to thq Surety dcmaiding thot the Surcty perfom its obtigations under this
Bond, and thc O\rrer shall bc cnlitlcd to cnforcc any rcmedy avoilablc to lhe Ouner. Ifdrc Surety proceeds as provided in S.ction 5.4, and rhe
Ownc. refuscs thc psymc or ihe Surcty has denied liability, in whole o. in part, wilhout furthcr notlcc th€ O$rcrshallbe cntitled to c'lforce any
remedy available to the OM)cr.
s-185ZAS 8/10
S 5.3 Obtain bids or negoliated proposals lrom quolilied conlractors acceptlble to th. Olvncr for a conlract for pcrformance and completion oftbe
Construction Contrdcl, armnge for a contract to bc prcparcd for cxccutiofl by lhe Ovncr and a alntraclor sclectcd with the OMrc/s conculrencr, to be
s.curEd \vi$ pcrformancc and paymcat bondr cxccuicd by s qualified surety equivalcot to the boods issued on thc CorBlruclion ContracL and pay to
lhc Or\der the amount ofdamagcs as dcscribed ln Section 7 in excess ofthc Balance of$e Contract hice incuned by the Orvner as o rcsult of the
Contractor Default; or
S T lfthe Surcty clects to act under Scctioo 5.1,5.2 or 5.3, Oen the rcsponsibilities ofthc Sut€ly !o thc Owncr drall not be geltcr 6r(l lhosc of thc
donractor undcr the CoNuuction Contmct, ard the reiponsibiliti6 ofthe Olvncr lo lhc Surcty shlll Dot bc grcltcr tha! tho6c of lhc O$rcr undcr thc
Constnrction Controct. Subjcc! lo the commirment by lhe O*ncr to pay thc Bdanac ofthc Con1ract Price, thc Slrety is obliSatcd, wiuoul
duplication, for
l rhc rcspo8ibilitica of [rc ConEactor for comctibtr ofdcfqctive $Drt and complction ofdle Corlstruclion Contlact;
2 odditionol legal, d€sign profcsslonal ard dcky cosB resulting from thc Contraclo/s Default, and resultint from the lctions ot
fsiluro !o act ofdle Surcty under Section 5i ard
3 liquidatcd damagcs, or ifno fiquidated dameSer arc spccilicd in the Coostruction Contr.ct, acturl damagcs coused by d.lqyed
pedormancc or non-pcrfodnsnct of the Cooractor.
S S Ifthe Slrcty elects to act under Section 5.1, 5.3 or 5.4, the Sureys liabiliry is limited lo lhe amount of this Bond.
I The Surety shall not bc liablc to thc Owner or olhers for obligations ofthe Contractor that arr unrclalcd to fic Construction Contract, and [rc
Balance oIrhe Controct Price shlllnot be reduced or set offon sccount of any such untclatcd oblitstions. No right ofaction sh.llaccruc on tl 5
Bond to my person or cnlity olhcr than thc Owncl or ils hcirs, cxccutors, adminisEalors, succeslors ard assigtls.
S 10 The Surety hereby waives noticc of any chlngc, including changcs oftimc, to thc Constoqtion Conkact or to &lated subcootracs, purchEo
ordc6 and olbcr oblitations.
S l l Any procccding, lcg$l or equitable, un&r this Bond may bc inslitutcd ln ony coutt ofcompcteatjurisdiclioo io t[e loc.lion ia rtich thc sork or
part ofthc work is localcd snd shall bc instit{tcd rrithin t\o ycars afl.r a d.clarstlotr of CoDGacto! Default or vithin two yests sner 0re Contmctor
ccasci working or rxithin nvo years 6ft.r lhc Su.rty rcfuses or fails to pcrforu ib obligations under this Bond whichever occurs first lf the
p.ovisions ofthis l,aragraph are void o. prohibited by larl drc minimum pcriod of limihtion lvaihble to suEties as a defense in lhc jurisdiction o[
the s1rit strdl bc appli.nble.
S .
l Z Noticc to thc Surcty, thc Orrcr or thc Contmctor shtll bc mailc{ or dclivcrEd to Ihe rddEss shown oo lhc page on whici their sign ture
appcars.
S 13 WheD this BoDd his bcen flmishcd to comply witb o stotutory orolhc.legal rcquircment in lie locafion where the conslrucl.ion rvas to be
performed, any provision in this Bond conflicting with said statutory or lcgsl requirement shall be decmed deleled hereftom ond provisions
conforming lo such stllubry or olhcrlcgal rcqu irement shull be dctmcd incorporatcd herein. lyhett so fumishcd, thc intcnt is lhat lhis Bond shallbc
construed rs a statutory bond snd nol as a common latv bond.
S l4 Dollnlllons
S 14,1 Balance of the Contract Prlcg. Thc tolal amouDt payablc by the Owncr to $e Coltlactor u!d.r the Constluction Codmct rner all propet
adjustncnls havc bccn nlodc, including allowancc to the Contraclor of any rmounts received or lo be re.eived by the Oryner in settlement of
insumncc or other claiDs fordamages to Nhich the Contractor is entitled, reduced by ollv6lid ond proper la)rments msde to or on behalfolthe
Conllactor under the Construction Contract.
S'14.2 Constructlon Contracl.'lhc agrcmetlt behvrcn dlc O\mcr srd Contraclor idcntifi.d on the covcr page, includingall Conttact Documenls
and choogca madc lo dre agEcment snd thc Contmct Documenls.
E 14.3 Contractor Default Fsilure ofthe Contnctor, lvhich has not bcctr EDr.dicd or waivcd, to pcrform o. othcnvisc to comply Mth a matcdsl
telm of the Constructioo Conlract.
S 14,4 Owner Default Failure oflhc OrvDcr, *hich has not bcen rEorcdicd or lvaivcd, to pay the Contrsctor rs rcqui&d undcr thc Construction
Contract or to pcrfom and complete or comply wift the other m8t€rial lerms oflhc Const$ction Colrtract.
S 14,5 Contract Documents. All dle docum€nts that comprise thc a8tlcmcnt batwccn fic Owner aod Contraclor,
S 15 Ifthis Bond is issued for an sgreement between a Contr[ctor and subcontnctor, lhc tcrm Contractor in this Bood shall bc dcqmcd to bc
Subcontraclor nnd (he term Orvner shlll be deemed to be Conf8ctor.
s.1852/AS E/10
S 16 Modifications to this bond arc as follows:
SFcc is ptovided hlore lot addiriondl sighafir.s olacued Ftie' oth.r than lhos. oweoting on th. covet Nge,)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Cotporole Seal) Company:
SigDanuc:SignaNre:
Name ond Tille:
Address
Nsmc and Title:
Addns.s
Cotpotute Seol)
s-185ZAS 8U10
Bond No. IDC 44614
Payment Bond
CONTRACTOR:
Nane, lcgol sbut anal o<ldrest)
AIiIE Electric, lnc.
3621 Arthur St
Caldwell, lD 83605
OWNER:
Non4 legdl stal,B @rd oddrast)
City of Meridian
33 East Broadway Avenue
N.4eridian, lD 83642
Arnounc g 18'1 ,000.00
Modifications to fiis Bond: I ttone
CONTRACTOR AS PRINCIPAL
Company:
AME Electric, lnc
Confo.ms wlth The Amerlcan lnstitute of Archltect3 AIA Documenl 312
Document A31 zrM - 2010
SURETY:
Non&, legol stotus on l pincipal place of bwiner$
Merchants Bonding Company (iilutual)
PO. Box 14498
Des Moines, lA 50306 - 3498
Malllng Address for Notlces
CONSTRUCTIONCONTRACTDat.: March 29,2017
Amount: $ 181 ,000.00 One Hundred Eighty One Thousand Dollars and 00/100
I)escrip(ion:
Nane ond location)
SCADA System Upgrades lor PRV'S 2,6,10,14,23 and 26. Project # 10680.C
BONDDutei March 29, 2017
Nol eqtliet than Cohslntc on Contacl Dalc)
Merchants Bonding Company (Mutual)
PO. Box 14498. Des Moines, lA 50306-3498
One Hundred Eighty One Thousand Dollars and 00/100
E Sec Section l8
This documont ha3 irhportaot l€gal
collsequencos. Co.)3Ullallon wllh
an altom6y ls 6ncoura0od wllh
resp€cl to lts completlon or
modilic.6n.
Any singular rcference lo
Conlractor, Suroty, Oxnor or
other p6rty shal be considered
plural whor€ appllcable.
Cotporule Scal)
Mutual)
SURETY
Companyi
Merchants B
Signaturc:
Namc
s m a
7
SiSn tu!
NSmc
a fitle:
1,'lkf.Te*
7r."r"/4
Baug h
and Titlq Attorney-in-Fact
lnyadditlonql signatwet aryeat on the lastpageollhis PoyNent Bond)
FOR INFORWTION ONLY - Nome, addrcss and lelephone)
AGENToTBROKER: OWNER'S REPRESENTATIVE:
The Hartwell Corporation (Atchhact' Engineet ot other partv:)
PO Box 400
Caldwell, lD 83606
208-459-1678
S-214S/AS 8/10
l 1lc ConLactor and Surcly, joi0tly and severally, bind thcmselves, thcir hein, execulors, udminisuatols, succ€ssors and assitns to thc Owncr to
oy for labor, materials and cquipmcnt fumished for use in thc pcrfotuancc olthc Consbuction Contracl,lvhich is iocorporatcd hcrcin by ref.rence,
suhject lo the following lerms.
S 2 lfthc Conlractor promptly msk s poym.nt ofrll sums duc lo Cl.imants, and dcfcods, indcmoifies 6Dd holds hars css thc Owler &om claiitls,
Jemands, liens or suits by 6ny peBon or efltity sceking paymant for hbor, malcdals or cquipmcnt fumishad for usc in lhc pc oEn*lce ofthe
Construdion Contrsct, t lcn lhc surcty .nd Utc Contractor shall havc no obligation under this llond
5 3 If tlere is no Owner Def.ulr under lhc Consuuctiod Contmct, thc Surcty's obligation lo the Owrcr under lhb Bond shall atise aficr thc O*acr
has promptly notificd thc Cont-ractor and $c Surcty (at thc addrcss dcscribed in Sectiol 13) ofclaims, dcmands,licns or suits lSainsl the Olvner or
the dwncCjpropcrty by oiy pc6on or cntity seckiDg paynent for labor, matcrials or cquipm.nl furDished for use in lhe perfonnancc oflhe
Constluction Contftat and tcndcrcd dcfcnsc ofsuch claims, demands,licos or suits to thc Conlnctot and the Surety.
g 4 When tie Owner has satisfied thc conditions in Scction 3, the Surety shall promptly and at thc Surty's cxPcnsc dcfcnd, indcmaify and hold
hamless the Ownea against s duly tenderad claim, dcrnond, lietl or suil
S 5 The Surcys obligations to a Clair[ant uoder this BoDd shall &isc 6$er the follorving:
S 5.1 Claima s, who do not have a direct .lotact lYith thc Corlr.ctor,
l have fumished o written notica olnon.plymant to thc Contlacto!, ststing wi0t subetantial accuracy thc amounl clrimad and thc
ndme ofrhc par(y to whom the mlterials \&re, or cquipmcnt was, fumishcd or supplicd or for whom lhc labor was done or
performed, ryithin ninety (90) days ofter havhg l0st p€rformcd labor or last fumishcd matcrials or equipm.nt hclud.d in lie Claim;
snd.
2 havq scnt a Claitn to thc Surcty (at thc address describcd ilr Scclion I 3).
S 5.2 Claim.nts, who arc cmploycd by or havc a dircct contract with lhc Conrador, have sent o Claim to lhe Surety (.t 6c address dessibed in
Section l3).
5 6 lfa dotice ofno!-paynert rcquired by Scctioo 5.1.1 is givcn by orc Owncr to thc Contractor, that is sumcicnt {o sstisfy a Cluimaols obligatioa
to furnish . vrtil&Il notice of non-psymcnt under scctio[ 5.1 .l .
S 7 When a Cl.irhant has sstisfcd thc conditions ofsectioos 5.1 or 5.2, whichcv.r is applicable, the Sur.ty shall promptly snd 8t thc Suntyl
cxpense lake the following octions:
S 7.1 S€nd sn arlswcr to the Claimanl, rvith a copy to lhe Oryner, within sixty (60) days sftcr r.ccip{ oflhc Cloim, natiry thc 0mounB that arc
uDdisputed and l}le basis fo. chsll.nginS any amounts that alc disputcd; snd
S 7.2 Pay or araogc for p.yment of any undisputed arDounts.
S 7.3 Thc Surety's tailure to dischlrge its obligations under Scciion 7,1 or Section 7,2 shall not bc dccmcd to colstitute a waivet ofdcfeNes the
Surcty or Contractor may have or ocquire as to a Cloim, cxcept 8s to undisputcd anounts for which thc Surcty and Claimant havc .lachcd agccmcnt,
If, however, rle Surery foils to dischagc its obli$tioni undcr Scclion 7. I or Scction 7.2, thc Surcty shsll iodemniry the Claimant for the reasonoble
ottomey'3 f€cs thc Claimant inculs thercoflcr to tecover any sums found to be due ard owing to the Clsimant.
S qThe Surcty's total obligation shall not o.ceed the anountoflhis Bond, plus the amount ofrcrsonublc attomc/s fccs ptovidcd undcrScclion 7.3,
lnd thc omountofthis Bond shall be credited for ony plymcnts mode in good faith by thc Surcty.
S 9 Amounts o\rrd by tie Owncr to thc Conkaclor undcl thc Constrrction Contmct shtll be used for the pcrformance oflhc Conslruclion Conbact
and to satisry clairDs, if any, lndcr any construction pcrformancc bond. By thc Cookactor ftrnishing 6od the Ow&r accepting this Bond, they agree
thrt lll funds eamcd by rhc Contrscror in rhc pcrformance oflhe Consrruction CoBtract arc dcdicatcd lo sadsry obli8ations oflh. Contactor ard
Su.cty u.rdcr lhis Bond, subject lo lhe Owne/s priority to use the funds for the completion of lhe work. .
s-2149/AS 8/',t0
S 1l Thc SuFty hercby ryaives noticc of.oy chonge, includiDg dalgcs of timq to the Consblction Conlract or to tllated suhntr.cts, Frrchrse
ordcrs ond olhcr obligstion&
S 1 3 Notice aod Claims to the Surety, the O\mer or the Cook8cto, shall bc Eailcd or d€livered lo the sddtq$ shown on the page on which their
signotute oppeors, ctual rcceipt ofootice or ClaiEs, bolvcvc( accomplidred, shall be sullcictrt corlpli&ce &r ofthc datc received,
14 Whcn this Bond has bccn firraishcd to comply with a statutory or olb6 legal rcquircrnent in tho locotion where the clnstuction wa3 to b€
pcrformcd, aoy provision in thir Bond clollictiDg with said sbrutory or lcgal rcquiretnent shall bo deemed delcted hcrefrom aod provisiurs
coDforming to such slatltory or otber legal requirement sholl bc deemed hcorporaled herein. Vlcn so furlishcd, thc iltcot is fut this Bond shall be
construcd as I slstutory bond and not as a cotlmoo law bond.
S 15 Upon rcqucst by any person or cntity appearing to bc ! pot.ntial bcncficiary ofdris Bood thc Coolr5ctor snd Owrer shsll pomptly fumish a
copy ofthis Bond orsholl permit o copy to bc madc.
S l5 Dellnltlons
5 1 6.1 Clalm. A written statcrncnl by the Claimant incllding !t s mit muE:
1 thc namc ofthc Claimalt;
2 the nsme oflhe person for whom lhc labor rvas donc, or materials or equipmcnt furnishcd;
3 a copy oflhc agrwmcnt orpurch8sc order pursua to which lrbor, materials or cqulprncnt w8s fumisbcd forusc ir thc
pcrformanae of thc Coostiuctioo Co[uacl;
4 a briefdesctiptioo ofthe lsbor, matcrills or squipment fumished;
5 the date on $,hich the Clairnont last performcd labor or last furtriihcd materisls or cquipocrt for usr in lic Frformaoc! ofthr
Constluction Contrsctj
6 the total amouDt ceacd by lhe Clalrrdnt for labor, materi{ls or equipmcnt fumished !s offic date oflhc Chi[u
7 tte total amouDt ofprcvious paymcnts rcceivcd by lh. ClaiEart; aDd
8 the totsl amomt due and unpaid to thc Cl.imaot fo.labor, matedals o! cquipment fumlsbed as oflhe dote ofthc Claim.
S 16.2 Clalmant. An individuol or entity having a direct conksc! wilh the Conhactor or lvith a subcontEctor oftho Contraotor to fimish labor,
ma(erials or equipmed for use in the perfonDonce of thc ConsEuction CotrLract. Tha term Clsimant also iacludo any ladividual or enlity that has
rightfully asserted o cloim under 0n opplicablc mcchanic's licn or similar starut; agail6t the real propcrty upor rvhich the Project is locaied. The iDtent
of $ir Bond shall be (o include vithout limit tioll h tie tcrns "labor, materials or equipmeat" that p tofwst r, gas, polver,Iight, hot, oil, gasoline,
tel?honc scrvice or rcntal cquipmcnt uscd h the Colstsuctiotr CoDtract, architcctural aod qnginr.ring servi..s ,equted for lerfomlece of the work
oftte Conlracto! 6nd the Conftactols subcontraclors, 6nd all other itrms for which a mecharic's licn moy be assencd ia thcjutisdictioo whcrc thc
labor, mnterials or cquipmeut werc fimished.
S '16.3 Consttuqtlon Contract. The agreanent bctween thc Oltner snd Coakactor id.ntificd oD thc covsr page, Including all Cootra.i DocuDcdts
and dl chsngcs madc to $e aBlement ond the CoDtr&t Doculneo(s,
s-2149/AS 8/10
S 1O Thc Surcg shall not bc liable to the Oryncr, Cleimonts or olhcrs foi obligalions ofthe Colliador that 8.c u!rclated to lie CoDstuction Coniract.
Thc Ovnc. sball Dot be li8ble for the paymcot of any cosb or cxpenscs of aoy Clailraut urdcr lhis Bond, srd s[all h.ve uodcr this Bond oo
obligatioo to mdke poymeols Io, or give notice on beholfof, Clahants or olhcrwise have aoy obligrtiols to Claisants under this Dond.
S ,
12 No suit or sction shsll bc cornrncnccd by a Claim0nt uoder th]3 Bold other thoo in a coud ofcdmpctcntjurisdiction in the state iD which the
project that is thc subjcct oflhc Construction CooLract ls located or ofler the expiratioo ofone yeor Iiom the dolc (1) oE which thc Claihant scnt s
Claim to the Surcty pursuar to Scction 5, L or 5.2, or (2) oa which thc lDst lobor or service was performed by ulyonc or thc last malcrials or
equipment wcrc fumishcd by anyone under thc Constructlon Contsact, whichev€r of(l) or (2) first occun. If tlrc ptovisions ofthis Pamgaph orc void
or prohibilcd by law, the milimuo period oflimitation availsblo to sureties os a defenso in the jurisdicdon ofOc suit shlllbe Epplicable.
S 16.4 Owner Default. failurc of the O\yrrer, which hls oot be.n rcmedicd o. waived, to pay the Cortractor as rcquircd undcr lhc Construction
Conaad or to pcrfom ,nd complete or comply with thc othfi matcrial terms of thc Conshuction Conlract.
S 15.6 Contract Documenls. All lhe documenB that comprisc tlle lSrrcment belween the Owner snd Conlmctor.
S 17 If (his Bond is isrucd for !n agrlcmcot betwcen ! Coollactor lnd subconlractor, the term Con{Iscto( in this Bond shall bc dccmcd to bc
Subc{nraclor sod the lerm Owner shall be dcemcd to bc Contrtclot.
S 18 Modilications to this bond 6re 0s follows:
Spce is providad belonJot additionol signaures o/added Wtiet, otl@r thdn those oplre ingon the coter ptge.)
CONTRACTOR AS PRINCIPALSURETYCoopany: (Coryorote Seal) Coopsny:(Corporae Seal)
Signaturc:SignaturE:
Narne ond Titlei
Addr€ss
Namc and f itle:
Address
s.2149/AS 8/10
MrncseNrF.
BONDING COMPANY"
POWER OF ATTORNEY
Know All Persons 8y These Presents, that MERCHANTS BONDING COMPANY ([,4UTUAL) and MERCHANTS NATIONAL BONDING,
tNC . both being corporations duly organized under lhe laws of the Slate of lowa (herein collectively called the "Companies"),
and lhal lhe Companies do hereby make. constitute and appoant. individually.
Karl F Baughman; Lynn Hawley; Raymond L Wolfe; Traci Mcclure; Zachary A Dehne
ot Caldwell and State of Idaho their true and lawtul Attorney'in-Facl, wilh 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 written obligations in the nature lhereof, subiect to the limitation thal any
such instrument shall not exceed the amounl of:
TWENTY MILLION ($20,000,000.00) DOLLARS
and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly
authorized offlcers of the Companies, and allthe acts of saad Attorney-in-Facl, pursuanl to lhe autho.ily herein given. are
hereby ratified and confarmed.
This Power-olAttomey is made and executed pursuant to and by authority of the following 8y-Laws adopted by lhe Board of
Directors of the lrerchanls Bonding Company (Mutual) on April 23, 2011 and adopted by the Eoard of Directors of Merchants Nalional
Bonding, lnc., on octobet 24,2011.
The President, Secretary, Treasurer, or any Assislanl Treasurer or any Assistanl Secrelary or any Vice President shall have
power and authorily to appoint Attorneys-in-Fact, and to aulhorize them lo execute on behalf of lhe Company. and attach the
seal of the Company therelo, bonds and undertakings. recognizances, conlracls of indemnity and other writings obligatory in
the nature thereof.
The signature of any authorized officer and lhe seal oflhe Company may be affxed by facsimile or electronic lransmission lo
any Power of Attorney or Certification lhereof authorizing the execution and delivery of any bond, underlaking, recognizance,
or other suretyship obligations ot the Company, and such signalure and sealwhen so used shall have the same force and
effect as lhough manually fxed."
ln Witness Whereof, the Companies have caused this instrumenl to be signed and sealed this 2othday of August , 2014 .
r1tl!#P;,
ifi-* "- 3,=i
Ar.*
MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL AONDING, INC,
44-gl
STATE OF IOWA
COUNTY OF POLK Ss
Nolary Pubhc Polk County. lowa
On this2othday of August,2014,betoremeappearedLarryTaylor,lomepersonallyknowr,whobeingbymedulyswomdid
say that he is President ofthe MERCHANTS BONDING COMPANY (l\iIUTUAL) and MERCHANTS NATIONAL BONDING, lNC.;and
that the seals affixed to the loregoing instrumenl is the Coaporate S€als ofthe Companies; and thal the said instrurnent was signed and
sealed in behalfofthe Companies by aulhority of thei. respeclive Boards of Diredors-
ln Testimony Vvhereol I have he.eunlo sel my hand and affixed my Ofiicial Seal at the City of Des Moines, lowa, the day and year
f o- WENDY W00DY$
Commrssron Number784554ozTMyCommissionExpires
June 20, 2017
SIATE OF IOWA
COUNTY OF POLK ss
I, Wlliam warne.. Jr., secretary of rhe MERCHANTS BoNDtNG COt\4PANY (MUTUAL) and MERCHANTS NATTONAL BONDtNG, tNC.
do hereby certity that the above and foregoing is a true and conecl copy of the POVVER-OF-AITORNEY executed by said Companies.
whrch is still in full force and effect and has nol been arnended or revoked.
rhisaq
lness Vvhereof. I have hereuntojiel my hand anc, atfixed the seat of the Companres on
aav ot /) 1l/L0.h :..d,et 7
Liit";&,r$t' ?za-Y z/*-,a
ii zcos ,..Fj i7.; rsr "-E:
seqetary
4(714) -..?;;*-:,N %.t.-*POA 001
llrsl above written.