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Independent Contractor Agreement with AME Electriv for Wells 9, 21 & 22 Control System UpgradesAGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES (WELLS 9,21 & 22 CONTROL SYSTEM UPGRADES — CONSTRUCTION) PROJECT # 10417.P THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this 27th day of May, 2014, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and A.M.E. Electric. Inc., hereinafter referred to as "CONTRACTOR", whose business address is 3621 Arthur Street Caldwell, ID 83605 and whose Public Works Contractor License # is PWC -C-11544. INTRODUCTION Whereas, the City has a need for services involving Well Control System Upgrades; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves 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 WELLS 9,21 &22 CONTROL SYSTEM UPGRADES page 1 of 10 Project 10417.P 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 underthis Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not -To -Exceed basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $164,491.00. 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 Attachment A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. WELLS 9, 21 & 22 CONTROL SYSTEM UPGRADES page 2 of 10 Project 10417.P 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 45 (forty-five) calendar days to achieve substantial completion and 60 (sixty) complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of three hundred dollars ($300.00) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. 4. Termination: 4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee WELLS 9, 21 & 22 CONTROL SYSTEM UPGRADES page 3 of 10 Project 10417.P or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's WELLS 9, 21 & 22 CONTROL SYSTEM UPGRADES- page 4 of 10 Project 10417.P obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. 8. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. 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. 9. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: WELLS 9, 21 & 22 CONTROL SYSTEM UPGRADES page 5 of 10 Project 10417.P CITY CONTRACTOR City of Meridian A.M.E. Electric, Inc. Purchasing Manager Attn: Mike TenHulzen 33 E Broadway Ave 3621 Arthur Street Meridian, ID 83642 Caldwell, ID 83605 208-888-4433 Phone: (208) 459-8959 Email: mike@ameelectric.com Idaho Public Works License # PWC -C-11544 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 10. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 11. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 12. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 13. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 14. Reports and Information: 14.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 14.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. WELLS 9, 21 & 22 CONTROL SYSTEM UPGRADES page 6 of 10 Project 10417.P 15. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 16. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 17. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 18. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 19. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 20. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 21. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 22. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 23. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. WELLS 9,21 & 22 CONTROL SYSTEM UPGRADES page 7 of 10 Project 10417.P 24. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition, the CITY will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall constitute a complete waiver of any and all claims for damages caused by any such release. 25. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 26. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY -3-Iq Approved by Council: J S HOLMAN. CITY Dated: 5//� I IZolq aoIL4 G�o,z„TUDA0%� o� t / o', ioaxo F SEAL Purchasing Approval !q o� lAe TNL 15�PF BY: KEIT TTS, Purchasing Manager Dated:: JZ 8Z/y WELLS 9, 21 & 22 CONTROL SYSTEM UPGRADES Project 10417.P 53 Dated:: 540f page 8 of 10 Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW -14-10417.P ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -14-10414.P, are by this reference made a part hereof. WELLS 9, 21 & 22 CONTROL SYSTEM UPGRADES page 9 of 10 Project 10417.P Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $164,491.00. Milestone 1 Substantial Completion IN M 45 (forty-five) days Milestone 2 Final Completion 60 (sixty) days Contract includes furnishing all labor, materials, equipment, and incidentals as required for the NAME OF PROJECT per IFB PW -14-101 CONTRACT TOTAL ....................... $164.491.00 CONTRACT IS A NOT TO EXCEED AMOUNT. LINE ITEM PRICING BELOW WILL BE USED FOR INVOICE VERIFICATION. Item No. Description Quantity Unit Unit Price 1 Mobilization/Demobilization 1 LS $5,733.00 Instrumentation (Drawings 1-110, 1-210,1-230, 2 & 1-310) Chlorine tank level, power monitors 1 LS $31,120.00 with ct's, door switches and shutdown push buttons including installation labor. PLC Control Panels (Drawings 1-120,1-220 & 3 1-320) Including all power supplies, UPS's and 3 EA $24,450.00 installation labor. Remote 1/0 Control Panels — (Drawing I- 4 240) Including all power supplies, UPS's and 1 EA $14,184.00 installation labor Generator Remote 1/0 —(Drawing 1-225 & I- 5 325) Including all power supplies and 2 EA $2,301.00 installation labor 6 Testing — (Drawing 1-000) Testing of control 1 LS $4,176.00 wiring 7 Backup Power Generator— (Spec Sections 1 LS $29,568.00 8 Other Misc 1 LS $1,758.00 WELLS 9, 21 & 22 CONTROL SYSTEM UPGRADES page 10 of 10 Project 10417.13 Date: 4/4/2014 CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST REQUESTING DEPARTMENT Public Works Fund: 60 Department: 3400 GL Account: 94300 Project# 10417.p Construction: x PSA: Task Order: Project Name: Well 9, Well 21 and Well 22 - Control System Upgrades - Construction Project Manager: Clint Worthington Department Representative: Contractor/Consultant/Design Engineer: AME ELECTRIC / DC ENGINEERING Budget Available (Attach Report): YES Contract Amount: $164,491.00 Will the project cross fiscal years? Yes No X Budget Information: FY Budget: 2014 Enhancement#: 1 Grant#: Other: Type of Grant: CONTRACT CHIECKUST BASIS OF AWARD Low Bidder X Highest Rated Master Agreement (Bid Results Attached) x (Ratings Attached) (Category) Typical Award Yes X No Bid No: Bid Opening Date: If no please state circumstances and concluslon: 10 Day Waiting Period Complete: May 25, 2014 PW License If PW -C-11544 Current? (attach print out) Date Award Posted: Yes Corporation Status (Attach Print Out): Goodstanding Insurance Certificates Received (Date): May 28, 2014 Rating: Payment and Performance Bonds Received (Date): May 28, 2014 Rating: Builders Risk Ins. Req'd: Yes No x If yes, has policy been purchased? Date Submitted to Clerk for Agenda: 5120Approved by Council Issue Purchase Order No. Date Issued: WI -15 submitted Issue Notice of Award: Date: NTP Date: Correct Category? A+ A Uuuucu rage Login i Public Contractor Search _PERMITS F-LICENSE L PUBLIC WORKS - VIOLATIONS --_1 ELEVATORS __I rage 1 of 1 Public Works Search A Search Again Download Results Printable View Comoanv Name License Number Work Caleaorv(sl License Tvoe License Class I Status I AoolicE A.M.E. Electric, Inc. PWC -C-11594 16000, 02500 4 AA ACTIVE A.M.E. Firstl [Prnl Page:1 oft Next FLa.tl Details - License Number: PWC -C-11544 -- ----- - - - Llc Into11 Bus Llc 11 Fees $1,850.00 Registration#. PWC -C-11544 Issue: 10/8/2013 Expire: 9/30/2014 Type: PUBLIC WORKS Sub -Type: AA Status: ACTIVE Comp/Name: A.M.E. Electric, Inc. Addressl: 3621 Arthur Street City, Slate, Zip: CALDWELL, ID 83605 Phone: (208) 459-8959 Celli (206) 965-5115 Pager: Fax: (208) 459-224 3 Owner Name: Home I CONTACT US FwmeRDy 11 1WSYSTEMS ht4)s:Hdata.dbs.idaho.gov/Etrakit2/ldaho PublicWorksSearchRslts.aspx 5/28/2014 iLovo v inwmg Dusmuss nntny Page 1 of 2 IDAHO SECRETARY OF STATE 0 Viewing Business Entity Ben Ysursa, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for A.M.E. ELECTRIC. INC. ] A.M.E. ELECTRIC, INC. 3621 ARTHUR ST CALDWELL, ID 83605 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING, ANREPT SENT 08 Jan 2014 State of Origin: IDAHO Date of 25 Mar 1988 Origination/Authorization: Current Registered Agent: JAMIE WINTERS 3621 ARTHUR STREET CALDWELL, ID 83605 Organizational ID / Filing C86242 Number: Number of Authorized Stock 10000 Shares: Date of Last Annual Report: 1S Feb 2014 Original Filing: [ Help Me Print/View TIFF ] Filed 25 Mar 1988 INCORPORATION View Image (PDF format) View Image (TIFF format) Annual Reports: Report for year 2014 ANNUAL REPORT Report for year 2013 ANNUAL REPORT Report for year 2012 ANNUAL REPORT Report for year 2011 ANNUAL REPORT Report for year 2010 ANNUAL REPORT Report for year 2009 ANNUAL REPORT Report for year 2008 ANNUAL REPORT Report for year 2007 ANNUAL REPORT Report for year 2006 ANNUAL REPORT Report for year 2005 ANNUAL REPORT Report for year 2004 ANNUAL REPORT [ Help Me Print/View TIFF ] View Document Online View Document Online View Document Online View Document Online View Document Online View Document Online View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) http://www.accessidaho.org/public/sos/corp/C86242.html 5/28/2014 L1 0. U v 10 W111K DUH111cJS Gllu Ly Report for year 2003 ANNUAL REPORT Report for year 2002 ANNUAL REPORT Report for year 2001 ANNUAL REPORT Report for year 1999 ANNUAL REPORT Report for year 1998 ANNUAL REPORT Report for year 1997 ANNUAL REPORT Report for year 1996 ANNUAL REPORT Report for year 1995 ANNUAL REPORT Report for year 1994 ANNUAL REPORT Report for year 1993 ANNUAL REPORT Report for year 1992 ANNUAL REPORT Report for year 1991 ANNUAL REPORT Report for year 1990 ANNUAL REPORT Report for year 1989 ANNUAL REPORT Report for year 1988 ANNUAL REPORT Idaho Secretary of State's Main Page Yage 2 of 2 View Imaqe (PDF format) View State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfo@sos.idaho.gov http://www.accessidaho.org/public/sos/corp/C86242.html 5/28/2014 Image (TIFF formatZ View Image (PDF format) View Image (TIFF formatZ View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF formatZ View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF formatZ View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF formatZ View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF formatZ View Image (PDF format) View Image (TIFF format) State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfo@sos.idaho.gov http://www.accessidaho.org/public/sos/corp/C86242.html 5/28/2014 AMEEL-1 OF ID: LY 'ACc)rWQ" `i CERTIFICATE OF LIABILITY INSURANCE DATE (MMIODA'YYY) 05/20/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION 15 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER The Hartwell Corporation - Cal PO Box 400 CAO NT Lynn Hawley PHONE FAX alC No.E.I :208-459-1678 A/c No : 208-454-1114 Caldwell, ID 83606 Raymond Wolfe a oae ss:lynn@thehartwelicorp.com INSURER(S) AFFORDING COVERAGE NAICN INSURER A :The Cincinnati Ins Co 10677 INSURED AME Electric, Inc. INSURER B:Charter Oak Fire Insurance Co + 25615 3621 Arthur Street Caldwell, ID 83605 INSURERC: X EPP 0217359 INSURER D : INSURER E: DAMA _ET_ PRERE ET RE TED 500,00 Ea occurrence)$ INSURER F: CLAIMS -MADE [XI OCCUR COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. /NSR TR2= TYPE OF INSURANCE ADDL SUB 21M POLICY NUMBER POLICY EFF MMIODIYYry LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 X COMMERCIAL GENERAL LIABILITY X X EPP 0217359 01/01/2014 01/0112015 DAMA _ET_ PRERE ET RE TED 500,00 Ea occurrence)$ CLAIMS -MADE [XI OCCUR MED EXP (Any one person) $ 10,00 PERSONAL S ADV INJURY $ 1,000,00 GENERAL AGGREGATE S 2,000,00 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGO S 2,000,00 PHO1-1 LOC POLICY X JFCT Emp Ben. $ 1/300000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,00 Fa accident $ BODILY INJURY (Par person) $ A X ANY AUTO EBA 0217359 01/0112014 0110112015 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS HMNOWOED AUTOS PROPERTY DAMAGE $ PER ACCIDENT X UMBRELLA LIABX OCCUR EACH OCCURRENCE $ 4,000,00 AGGREGATE $ 4,000,00 A EXCESSLIAB CLAIMS -MADE EPP 0217359 01/01/2014 01/0112015 DED X RETENTION$ O IS BANY WORKERS COMPENSATION AND EMPLOYERS' LIABILITY PROPRIETORIPARTNERIEXECUTIVE Y/N X UB1757X25214 01101/2014 01/0112015 X YVC STATU- LER TORY LIM TS ER E.L. EACH ACCIDENT $ 1,000,00 OFFICERIMEMBER EXCLUDED? ❑ (Mandatory In NH) NIA E.L. DISEASE - EA EMPLOYEE $ 1,000,00 IF yes, describe under DESCRIPTION OF OPERATIONS below E. L. DISEASE -POLICY LIMIT $ 1,000,00 A Leased Equip EPP 0217359 01/01/2014 01/01/2015 Leased 100,00 Equip DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) City of Meridian and as per contract are named as additional insured regarding the project Well 9, Well 21 and Well 22 Control Systems Upgrades Construction per form GA 233 02 07 included. Blanket Waiver of Subrogation applies in favor of the City of Meridian. CITME-5 City of Meridian Purchasing Department 33 East Broadway Ave Ste 106 Meridian, ID 83642 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE c.�,f © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 26 (2010105) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement -Table of Contents: Coverage: Begins on Page: 1. Employee Benefit Liability Coverage.................................................................................................2 2. Unintentional Failure to Disclose Hazards.........................................................................................7 3. Damage to Premises Rented to You.................................................................................................8 4. Supplementary Payments..................................................................................................................9 5. Medical Payments..............................................................................................................................9 6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control LiabilityCoverage (Coverage b.............................................................................................9 9 ( 9 ) .......... . 7. 180 Day Coverage for Newly Formed or Acquired Organizations...................................................10 8. Waiver of Subrogation.....................................................................................................................10 9. Automatic Additional Insured -Specified Relationships: ...............................................................10 • Managers or Lessors of Premises; • Lessor of Leased Equipment; Vendors; • State or Political Subdivisions - Permits Relating to Premises; State or Political Subdivisions - Permits; and • Contractors' Operations 10. Broadened Contractual Liability - Work Within 50' of Railroad Property.........................................14 11. Property Damage to Borrowed Equipment......................................................................................14 12. Employees as Insureds - Specified Health Care Services: ...........................................................14 Nurses; Emergency Medical Technicians; and • Paramedics 13. Broadened Notice of Occurrence....................................................................................................14 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible: $ 1,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown in the Declarations; or b. $500,000 unless otherwise stated $ 4. Supplementary Payments a. Bail bonds: $ 1,000 b. Loss of earnings: $ 350 5. Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with Its permission. Page 1 of 15 6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.) Limits of Insurance (Each Occurrence) Coverage a. $1,000 Coverage b. $5,000 unless otherwise stated Deductibles (Each Occurrence) Coverage a. $250 Coverage b. $250 unless otherwise staled COVERAGE PREMIUM BASIS RATE ADVANCEPREMIUM a Area (For Limits in Excess of (For Limits in Excess of a. The following is added to SECTION I b Payroll $5,000) $5,000) Liability Coverage. C Gross Sales ity to pay sums or perform d Units (a) We will pay those sums that unless explidtly provided for the insured becomes legally e Other obligated to pay as dam- ments. b. Care, Custody (b) This Insurance applies to ror or omission of the in- $ or Control ror or omission, is negli- son for whose ads the in- gently committed in the TO TALANNUALPREMIUM administration' of your which this insurance a 11. Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 C. Coverages: have used up the appli- cable limit of insurance 1. Employee Benefit Liability Coverage in the payment of a. The following is added to SECTION I judgments or settle- - COVERAGES: Employee Benefit menu. Liability Coverage. No other obligation or liabil- ity to pay sums or perform acts or services is covered (a) We will pay those sums that unless explidtly provided for the insured becomes legally under Supplementary Pay - obligated to pay as dam- ments. ages caused by any ad, er- (b) This Insurance applies to ror or omission of the in- damages only if the act, er- sured, or of any other per- ror or omission, is negli- son for whose ads the in- gently committed in the sured is legally liable, to administration' of your which this insurance a "employee benefit pro - plies. We will have the right and duty to defend the in- sured against any "suit" 1) Occurs during the pol- seeking those damages. icy period; or However, we will have no duty to defend against any 2) Occurred prior to the "suit" seeking damages to effective date of this which this insurance does endorsement provided: not apply. We may, at our discretion, Investigate any a) You did not have report of an act, error or knowledge of a omission and settle any claim or "suit" on claim or "suit" that may re- or before the ef- sult. But: fective date of this endorsement. 1) The amount we will pay for damages is limited You will be as described in SEC- deemed to have TION III - LIMITS OF knowledge of a INSURANCE; and claim or "suit" when any "author - 2) Our right and duty to ized representa- defend ends when we tive"; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 2 of 15 GA 233 02 07 Damages arising out of fail- i) Reports all, or ure of performance of con- formance of investment tract by any insurer. any part, of the (d) Insufficiency of Funds vehicles; or act, error or omission to us Damages arising out of an 3) Advice given to any insufficiency of funds to or any other meet any obligations under person with respect to any plan included in the insurer; "employee benefit pro- that person's decision gram". any: (e) Inadequacy of Perform- to participate or not to ance of Investment / Ad- II) Receives a vice Given With Respect participate in any plan to Participation written or ver- included in the "em- bal demand or ployee benefit pro- claim for dam- gram". ages because of the act, er- (f) Workers' Compensation ror or omis- and Similar Laws sion; and Any claim arising out of your b) There Is no other failure to comply with the applicable Insur- mandatory provisions of any ance. workers' compensation, un- employment compensation (2) Exclusions insurance, social security or disability benefits law or any This insurance does not apply similar law. to: (g) ERISA (a) Bodily Injury, Property Damage or Personal and Damages for which any in - Advertising Injury sured is liable because of li- ability ability Imposed on a fiduci- Bodily injury", "pro "property P y ary by the Employee Re - damage" or "personal and tirement Income Security advertising Injury". Act of 1974, as now or (b) Dishonest, Fraudulent, hereafter amended, or by Criminal or Malicious Act any similar federal, state or local laws. Damages arising out of any (h) Available Benefits intentional, dishonest, fraudulent, criminal or mali- Any claim for benefits to the cious act, error or omission, extent that such benefits are committed by any insured, available, with reasonable including the willful or reck- effort and cooperation of the less violation of any statute. insured, from the applicable (c) Failure to Perform a Con- funds accrued or other col - tract lectible insurance. Damages arising out of fail- (I) Taxes, Fines or Penalties ure of performance of con- Taxes, fines or penalties, tract by any insurer. including those imposed (d) Insufficiency of Funds under the Internal Revenue Code or any similar state or Damages arising out of an local law. insufficiency of funds to (j) Employment Related meet any obligations under Practices any plan included in the "employee benefit pro- Any liability arising out of gram". any: (e) Inadequacy of Perform- (1) Refusal to employ; ance of Investment / Ad- vice Given With Respect (2) Termination of em - to Participation ployment; Any claim based upon: (3) Coercion, demotion, 1 Failure of an invest- evaluation, reassign- ) Y ment, discipline, defa- ment to perform; mation, harassment, 2) Errors in providing in- humiliation, discrimina- formation on past per- tion or other employ - Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 15 ment-related practices, acts or omissions; or (4) Consequential liability as a result of (1), (2) or (3) above. This exdusion applies whether the insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. (3) Supplementary Payments SECTION I - COVERAGES, SUPPLEMENTARY PAY- MENTS - COVERAGES A AND B also apply to this Coverage. b. Who is an Insured As respects Employee Benefit Liabil- ity Coverage, SECTION II -WHO IS AN INSURED is deleted in its en- tirety and replaced by the following: (1) If you are designated in the Dec- larations eo-larations as: (a) An individual, you and your spouse are insureds, but only with respect to the con- duct of a business of which you are the sole owner. (b) A partnership or joint ven- ture, you are an insured. Your members, your part- ners, and their spouses are also Insureds but only with respect to the conduct of your business. (c) A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insur- eds, but only with respect to their duties as your manag- ers. (d) An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and di- rectors are Insureds, but only with respect to their du- ties as your officers or dlrec- tors. Your stockholders are also Insureds, but only with respect to their liability as stockholders. (e) A trust, you are an insured. Your trustees are also in- sureds, but only with re- spect to their duties as trus- tees. (2) Each of the following is also an insured: (a) Each of your "employees" who is or was authorized to administer your "employee benefit program". (b) Any persons, organizations or "employees" having proper temporary authoriza- tion to administer your "em- ployee benefit program" if you die, but only until your legal representative is ap- pointed. (c) Your legal representative if you die, but only with re- spect to duties as such. That representative will have all your rights and du- ties under this Coverage Part. (3) Any organization you newly ac- quire or form, other than a part- nership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if no other simi- lar insurance applies to that or- ganization. However, coverage under this provision: (a) Is afforded only until the 1801h day after you acquire or form the organization or the end of the policy period, whichever is earlier; and (b) Does not apply to any act, error or omission that was committed before you ac- quired or formed the organi- zation. c. Limits of Insurance As respects Employee Benefit Liabil- ity Coverage, SECTION III - LIMITS OF INSURANCE is deleted In its en- tirety and replaced by the following: (1) The Limits of Insurance shown in Section B. Limits of Insur- ance, 1. Employee Benefit Li- ability Coverage and the rules below fix the most we will pay regardless of the number of: (a) Insureds; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 4 of 15 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 5 of 15 (b) Claims made or "suits" (b) The deductible amount brought; stated in the Declarations applies to all damages sus- c Persons or organizations () 9 tained by any one "em - making claims or bringing ployee", including such "em - 'suits'; ployee's" dependents and (d) Acts, errors or omissions; or beneficiaries, because of all ads, errors or omissions to (e) Benefits included in your which this Insurance ap- "employee benefit pro- plies. gram". (c) The terms of this insurance, (2) The Aggregate Limit shown in including those with respect Section B. Limits of Insurance, to: 1. Employee Benefit Liability 1) Our right and duty to Coverage of this endorsement defend the insured is the most we will pay for all against any suits" damages because of ads, errors seeking those dam - or omissions negligently commit- "administration" ages; and ted in the of your "employee benefit pro- 2) Your duties, and the gram". duties of any other in - (3) Subject to the limit described In volved insured, in the (2) above, the Each Employee event of an ad, error or Limit shown in Section B. Limits omission, or claim, of Insurance, 1. Employee apply irrespective of the ap- Benefit Liability Coverage of plication of the deductible this endorsement is the most we amount. will pay for all damages sus- tained by any one "employee', (d) We may pay any part or all including damages sustained by of the deductible amount to such "employee's" dependents effect settlement of any and beneficiaries, as a result of: claim or "suit" and, upon no - no- tification of the action taken, (a) An ad, error or omission; or you shall promptly reim- (b) A series of related acts, er- burse usfor such part of the rors or omissions, regard- deductible amount as we less of the amount of time have paid. that lapses between such d. Additional Conditions acts, errors or omissions, i- As respects Employee Benefit Li- ne li entl committed in the negligently g 9 Y ability Coverage, SECTION IV - "administration" of your "em- COMMERCIAL GENERAL LIABIL- ployee benefit program". ITY CONDITIONS is amended as fol - However, the amount paid under lows: this endorsement shall not ex- (1) Item 2. Duties in the Event of ceed, and will be subject to the Occurrence, Offense, Claim or limits and restrictions that apply Suit is deleted in its entirety and tothe payment of benefits in any replaced by the following: plan included in the "employee benefit program". 2. Duties in the Event of an Act, Error or Omission, or Claim or Suit (4) Deductible Amount a. You must see to it that we are noti- a Our obligation to a dam- () 9 pay fied as soon as practicable of an act, ages on behalf of the in- error or omission which may result in sured applies only to the a claim. To the extent possible, no - amount of damages in ex- tice should include: cess of the deductible amount stated in the Decla- (1) What the act, error or omission rations as applicable to was and when it occurred; and Each Employee. The limits of insurance shall not be re- (2) The names and addresses of duced by the amount of this anyone who may suffer dam - deductible. ages as a result of the act, error or omission. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 5 of 15 b. If a claim is made or "suit" is brought against any Insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to It that we receive written notice of the claim or "suit' as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, sum- monses or legal papers received in connection with the claim or "suit" (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investi- gation or settlement of the daim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organiza- tion which may be liable to the insured because of an act, error or omission to which this Insur- ance may also apply. d. No insured will, except at that in- sured's own cost, voluntarily make a payment, assume any obligation, or incur any expense without our con- sent. (2) Item 5. Other Insurance is de- leted in its entirety and replaced by the following: 5. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is pri- mary except when c. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described In b. below. b. Method of Sharing If all of the other insur- ance permits contribu- tion by equal shares, we will follow this method also. Under this approach each in- surer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other in- surance does not per- mit contribution by equal shares, we will contribute by limits. Under ,this method, each insurers share is based on the rata of its applicable limit of in- surance to the total ap- plicable limits of insur- ance of all insurers. c. No Coverage This insurance shall not cover any loss for which the insured is en- titled to recovery under any other insurance in force previous to the ef- fective date of this Coverage Part. e. Additional Definitions As respects Employee Benefit Li- ability Coverage, SECTION V - DEFINITIONS is amended as fol- lows: (1) The following definitions are added: 1. "Administration" means: a. Providing information to "employees", including their dependents and beneficiaries, with re- spect to eligibility for or scope of "employee benefit programs"; b. Interpreting the "em- ployee benefit pro- grams"; c. Handling records In connection with the "employee benefit pro- grams"; or d. Effecting, continuing or terminating any "em- ployee's" participation Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 6 of 15 in any benefit included benefits, workers' com- in the "employee bene- pensation and disability fit program". benefits; and However, "administration" d. Vacation plans, includ- does not include: ing buy and sell pro- grams; leave of ab - a. Handling payroll sence programs, in - tions; or cluding military, mater - b. The failure to effect or nity, family, and civil maintain any insurance leave; tuition assis- or adequate limits of tance plans; transporta- coverage of insurance, lion and health club including but not limited subsidies. to unemployment in- (2) The following definitions are de- surance, social security leted in their entirety and re - benefits, workers' com- placed by the following: pensatlon and disability benefits. 21. "Suit' means a civil pro - 2. "Cafeteria ceeding in which money plans" means damages because of an act, plan authorized by applica- error or omission to which ble law to allow "employ- this insurance applies are ees" to elect to pay for cer- alleged. "Suit" includes: lain benefits with pre-tax dollars. a. An arbitration proceed- ing in which such dam - 3. "Employee ages are claimed and grams" means a program to which the insured providing some or all of the must submit or does following benefits to "em- submit with our con- ployees", whether provided sent; through a "cafeteria plan" or otherwise: b. Any other alternative dispute resolution pro- a. Grouplife insurance; ceeding in which such group accident or damages are claimed health insurance; den- and to which the in- ial, vision and hearing sured submits with our plans; and flexible consent; or spending accounts; provided that no one c. An appeal of a civil pro - other than an "em- ceeding. ployed' may subscribe to such benefits and 8. "Employee" means a per - such benefits are made son actively employed, for - generally available to merly employed, on leave of those "employees" who absence or disabled, or re - satisfy the plan's eligi- tired. "Employee" Includes bility requirements; a "leased worker". "Em- ployee" does not include a b. Profit sharing plans, 'temporary worker". employee savings plans, employee stock 2. Unintentional Failure to Disclose Haz- ownership plans, pen- ards sion plans and stock SECTION IV - COMMERCIAL GENERAL subscription plans, pro- LIABILITY CONDITIONS, 7. Represen- vlded that no one other tations is hereby amended by the addi- than an employee" tion of the following: may subscribe to such benefits and such Based on our dependence upon your rep - benefits are made gen- resentations as to existing hazards, if un- erally available to all intentionally you should fail to disclose all "employees" who are such hazards at the inception date of your eligible under the plan policy, we will not reject coverage under for such benefits; this Coverage Part based solely on such failure. C. Unemployment insur- ance, social security Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 7 of 15 3. Damage to Premises Rented to You Nesting or Infesta- tion, discharge a. The last Subparagraph 9 P re or release of 2. SECTION I - COVERAGES, waste products or COVERAGE A. - BODILY INJURY secretions, by in - AND PROPERTY DAMAGE, 2. LI- sects, birds, ro- ABILITY Exclusions is hereby de- dents or other leted and replaced by the following: animals. Exclusions c. through q, do not apply (b) Loss caused directly or indi- to damage by fire, a)plosion, light- rectly by any of the follow- ning, smoke or soot to premises ing: while rented to you or temporarily oc- cupied by you with permission of the 1) Earthquake, volcanic owner. eruption, landslide or ther earth move - b. The insurance provided under SEC- m y t TION I- COVERAGES, COVERAGE A. BODILY INJURY AND PROP- 2) Water that backs up or ERTY DAMAGE LIABILITY applies overflows from a sewer, to "property damage" arising out of drain or sump; water damage to premises that are 3) Water under the both rented to and occupied by you. ground surface pressing on, or (1) As respects Water Damage Le- flowing or seeping gal Liability, as provided in through: Paragraph 3.b. above: a) Foundations, The exclusions under SECTION walls, floors or 1 - COVERAGES, COVERAGE paved surfaces; A BODILY INJURY AND b) Basements, PROPERTY DAMAGE LIABIL- ITY, 2. Exclusions, other than 1. whether paved or War and the Nuclear Energy not; or Liability Exclusion, are deleted c) Doors, windows or and the following are added: other openings. This insurance does not apply (c) Loss caused by or resulting to: from water that leaks or (a) "Property damage": flows from plumbing, heat- ing, air conditioning, or fire 1) Assumed in any con- protection systems caused tract; or by or resulting from freez- Ing, unless: 2) Loss caused by or re- sulting from any of the 1) You did your best to following: maintain heat in the building or structure; or a) Wear and tear; 2) You drained the b Rust, corrosion, } equipment and shut off fungus, decay, de- the water supply if the terloration, hidden heat was not main - or latent defect or tained, any quality in property that (d) Loss to or damage to: causes it to dam- age or destroy it- 1) Plumbing, heating, air self; conditioning, fire pro- tection systems, or C) Smog; other equipment or ap- pliances; or d) Mechanical break- down including 2) The interior of any rupture or bursting building or structure, or caused by cen- to personal property in trifugal force; the building or structure caused by or resulting e Settling,cracking, g, from rain, snow, sleet shrinking or ex- or ice, whether driven pansion; or by wind or not. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 8 of 15 c. Limit of Insurance The Damage to Premises Rented to You Limit as shown in the Declara- tions is amended as follows: (2) Paragraph 6. of SECTION III - LIMITS OF INSURANCE is hereby deleted and replaced by the following: 6. Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, for damages because of "prop- erty damage" to premises while rented to you or tem- porarily occupied by you with permission of the owner, arising out of any one "occurrence" to which this insurance applies. (3) The amount we will pay is lim- ited as described in Section B. Limits of Insurance, 3. Dam- age to Premises Rented to You of this endorsement. 4. Supplementary Payments Under SECTION I - COVERAGE, SUP- PLEMENTARY PAYMENTS - COVER- AGES A AND B: a. Paragraph 2. is replaced by the fol- lowing: Up to the limit shown in Section B. Limits of Insurance, 4.a. Bail Bonds of this endorsement for cost of ball bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage ap- plies. We do not have to furnish these bonds. b. Paragraph 4. is replaced by the fol- lowing: All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the daim or "suit", including actual loss of earnings up to the limit shown in Section B. Limits of Insurance, 4.b. Loss of Earnings of this en- dorsement per day because of time off from work. S. Medical Payments Limits of Insurance, 5. Medical Pay- ments of this endorsement. 6. Voluntary Property Damage and Care, Custody or Control Liability Coverage a. Voluntary Property Damage Cov- erage We v ill pay for "property damage" to property of others arising out of op- erations incidental to the insured's business when: (1) Damage is caused by the in- sured; or (2) Damage occurs while in the in- sured's possession. With your consent, we will make these payments regardless of fault. b. Care, Custody or Control Liability Coverage SECTION I - COVERAGES, COV- ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, j. Damage to Prop- erty, ro - erty, Subparagraphs (3), (4) and (55) do not apply to "property damage" to the property of others described therein. With respect to the insurance provided by this section of the endorsement, the fol- lowing additional provisions apply: a. The Limits of Insurance shown in the Declarations are replaced by the lim- its designated in Section B. Limits of Insurance, 6. Voluntary Property Damage and Care, Custody or Control Liability Coverage of this endorsement with respect to cover- age provided by this endorsement. These limits are inclusive of and not in addition to the limits being re- placed. The Limits of Insurance shown in Section B. Limits of Insur- ance, 6. Voluntary Property Dam- age and Care, Custody or Control Liability Coverage of this endorse- ment fix the most we will pay in any one "occurrence" regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; or (3) Persons or organizations making claims or bringing "suits". b. Deductible Clause The Medical Expense Limit of Any One (1) Our obligation to pay damages Person as staled in the Declarations is on your behalf applies only to amended to the limit shown in Section B. the amount of damages for each "occurrence" which are in ex - Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 9 of 15 cess of the deductible amount (1) Any person or organization de - stated in Section B. Limits of scribed in Paragraph 9.a.(2) be - Insurance, 6. Voluntary Prop- low (hereinafter referred to as ertyy Damage and Can:, Cus- additional insured) whom you tody or Control Liability Cov- are required to add as an addi- erage of this endorsement. The tional insured under this Cover - limits of insurance will not be re- age Part by reason of: - duced by the application of such deductible amount. (a) A written contract or agree- ment; or (2) Condition 2. Duties in the Event of Occurrence, Offense, (b) An oral agreement or con - Claim or Suit, applies to each tract where a certificate of claim or "suit" irrespective of the insurance showing that per - amount. son or organization as an additional insured has been (3) We may pay any part or all of Issued, the deductible amount to effect settlement of any claim or "suit" is an insured, provided: and, upon notification of the ac- (a) The written or oral contract tion taken, you shall promptly re- or agreement is: imburse us for such part of the deductible amount as has been 1) Currently in effect or paid by us. becomes effective dur- 180 Day Coverage for Newly Formed or the policy period; ing7. Acquired Organizations SECTION II - WHO IS AN INSURED is 2) Executed prior to an occurrence" or offense amended as follows: to which this insurance Subparagraph a. of Paragraph 4. is would apply; and hereby deleted and replaced by the fol- (b) They are not specifically lowing: named as an additional in - a. Insurance under this provision is af- sured under any other pro - forded only until the 180th day after vision of, or endorsement you acquire or form the organization added to, this Coverage or the end of the policy period, Part. whichever Is earlier; (2) Only the following persons or 8. Waiver of Subrogation organizations are additional in- sureds under this endorsement, SECTION IV - COMMERCIAL GENERAL and Insurance coverage pro - LIABILITY CONDITIONS, 9. Transfer of vided to such additional insureds Rights of Recovery Against Others to Is limited as provided herein: Us is hereby amended by the addition of (a) The manager or lessor of a the following: premises leased to you with We waive any right of recovery we may whom you have agreed per have because of payments we make for Paragraph 9.a.(1) above to injury or damage arising out of your ongo- provide insurance, but only ing operations or "your work" done under with respect to liability aris- a written contract requiring such waiver ing out of the ownership, with that person or organization and in- maintenance or use of that cluded In the "products -completed opera- part of a premises leased to tions hazard". However, our rights may you, subject to the following only be waived prior to the "occurrence" additional exclusions: giving rise to the injury or damage for which we make payment under this Cov- This insurance does not ap- erage Part. The insured must do nothing ply to: after a loss to impair our rights. At our "suit' 1) Any "occurrence" which request, the Insured will bring or takes place after you transferthose rights to us and help us en- cease to be a tenant in force those rights. that premises. 9. Automatic Additional Insured - Speci- 2) Structural alterations, fied Relationships new construction or a. The following Is hereby added to demolition operations SECTION II -WHO IS AN INSURED: performed by or on be - Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 10 of 15 half of such additional solely for the pur- insured. pose of inspection, demonstration, (b) Any person or organization testing, or the from which you lease Y substitution of equipment with whom you parts under in - have agreed per Paragraph structions from the 9.a,(1) above to provide in- manufacturer, and surance. Such person(s) or then repackaged organization(s) are insureds in the original con - solely with respect to their tainer; liability arising out of the maintenance, operation or e) Any failure to use by you of equipment make such Inspec- leased to you by such per- tions, adjustments, son(s) or organizattons(s). tests or servicing However, this insurance as the vendor has does not apply to any "oc- agreed to make or currence" which takes place normally under - after the equipment lease takes to make in expires. the usual course person or organization (C) Any P 9 of business, to connection with (referred to below as ven- the distribution or dor) with whom you have sale of the prod - agreed per Paragraph ucts; 9.a.(1) above to provide in- surance, but only with re- f) Demonstration, in- spect to "bodily Injury" or stallation, servic- "property damage" arising ing or repair op - out of "your products" which erations, except are distributed or sold in the such operations regular course of the ven- performed at the dor's business, subject to vendor's premises the following additional ex- in connection with clusions: the sale of the 1) The insurance afforded product; the vendor does not g) Products which, apply to: after distribution or sale by you, have a 'Bodil injury" or Y 1 rye been labeled or re - "property damage" labeled or used as for which the ven- a container, part or dor is obligated to ingredient of any pay damages by other thing or sub - reason of the as- stance by or for sumption of liabil- the vendor. ity in a contract or agreement. This 2) This insurance does exclusion does not not apply to any in - apply to liability for sured person or organk damages that the zation: vendorwould have in the absence of a) From whom you the contract or have acquired agreement; such products, or any ingredient, b) Any express war- part or container, ranty unauthorized entering into, ac - by you; companying or c) Any physical or containing such products; or chemical change in the product b) When liability in - made intentionally cluded Wthin the by the vendor; "products- ) Repackaging, completed completed opera- tions hazard" has unless unpacked Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 11 of 15 been excluded (f) Any person or organization under this Cover- with which you have agreed age Part with re- per Paragraph 9.a.(1) above spect to such to provide insurance, but products. only with respect to liability d An state or political subdi- () Y P arising out of "your work" performed for that additional vision with which you have insured by you or on your agreed per Paragraph behalf. A person or organi- 9.a(1) above to provide in- zation's status as an insured surance, subject to the fol- under this provision of this lowing additional provision: endorsement continues for This insurance applies only only the period of time re - with respect to the following quired by the written con - hazards for which the state tract or agreement, but In no or political subdivision has event beyond the expiration issued a permit in connec- date of this Coverage Part. tion with premises you own, If there is no written contract rent or control and to which or agreement, or if no pe - this insurance applies: riod of time is required by the written contract or 1) The existence, mainte- agreement, a person or or- nance, repair, construc- ganization's status as an in - tion, erection, or re- sured under this endorse- moval of advertising ment ends when your op - signs, awnings, cano- erations for that insured are pies, collar entrances, completed. coal holes, driveways, manholes, marquees, (3) Any insurance provided to an hoist away openings, additional insured designated under Paragraph 9.a.(2): sidewalk vaults, street banners, or decorations (a) Subparagraphs (e) and (f) and similar exposures; does not apply to "bodily in - or jury" or "property damage" 2) The construction, erec- Included within the "prod - tion, or removal of ele- ucts-completed operations vators; or hazard"; 3) The ownership, main- (b) Subparagraphs (a), (b), (d), tenance, or use of any (e) and (f) does not apply to 'property elevators covered by bodily injury", "personal this insurance. damage" or and advertising injury" arising (e) Any state or political subdi- out of the sole negligence or vision with which you have willful misconduct of the ad - agreed per Paragraph ditional insured or their 9.a(1) above to provide in- agents, "employees" or any surance, subject to the fol- other representative of the lowing provisions: additional Insured; or 1) This insurance applies (c) Subparagraph (f) does not only with respect to op- apply to "bodily injury", erations performed by "property damage" or "per - you or on your behalf sonal and advertising injury" for which the state or arising out of: political subdivision has 1) Defects in design fur- issued a permit. nished by or on behalf 2) This insurance does of the additional in - not apply to "bodily in- sured; or jury", "property dam- age" or 'personal and 2) The rendering of, or advertising injury" aris- failure to render, any ing out of operations professional architec- performed for the state tural, engineering or or political subdivision. surveying services, in- cluding: Includes copyrighted material of Insurance GA 233 02 07 Services Off oe, Inc., with its permission. Page 12 of 15 a) The preparing, primary to other insurance approving or fail- available to the additional ing to prepare or insured except: approve maps, shop drawings, 1) As otherwise provided opinions, reports, in SECTION IV - surveys, field or- COMMERCIAL GEN- ders, change or- ERAL LIABILITY ders or drawings CONDITIONS, 5. and spedficaticns; Other Insurance, b. and Excesslnsurance;or b) Supervisory, in- 2) For any other valid and spection, architec- collectible insurance tural or engineer- available to the addi- ing activities. tional insured as an additional insured by 3) "Your work" for which a attachment of an en - consolidated (wrap-up) dorsement to another insurance program has Insurance policy that is been provided by the written on an excess primecontractor-project basis. In such case, manager or owner of the coverage provided the construction project under this endorsement in which you are in- shall also be excess. volved. (2) Condition 11. Conformance to b. Only with regard to insurance pro- Specific Written Contract or vided to an additional insured desig- Agreement is hereby added: nated under Paragraph 9.a.(2) Sub- paragraph t) above, SECTION III - 11. Conformance to Specific LIMITS OF INSURANCE is amended Written Contract or to include: Agreement The limits applicable to the additional With respect to additional insured are those specified in the insureds described in Para - written contract or agreement or in graph 9.a.(2)(f) above only: the Declarations of this Coverage If a written contract or Part, whichever are less. If no limits agreement between you are specified in the written contract or and the additional insured agreement, or if there is no written specifies that coverage for contract or agreement, the limits ap- the additional insured: pliable to the additional insured are those specified in the Declarations of a. Be provided by the In - this Coverage Part. The limits of in- surance Services Office surance are inclusive of and not in additional insured form addition to the limits of Insurance number CG 20 10 or shown in the Declarations. CG 20 37 (where edi- t. SECTION IV - COMMERCIAL GEN- tion specified); or ERAL LIABILITY CONDITIONS is b. Include coverage for hereby amended as follows: completed operations; (1) Condition S. Other Insurance is or amended to include: c. Include coverage for "your work"; (a) Where required by a written contract or agreement, this and where the limits or cov- Insurance is primary and / erage provided to the addi- or noncontributory as re- tional insured is more re- spects any other insurance strictive than was specifi- policy issued to the addi- cally required in that written tional insured, and such contract or agreement, the other insurance policy shall terms of Paragraphs be excess and / or noncon- 9.a.(3)(a), 9.a.(3)(b) or 9.b. tributing, whichever applies, above, or any combination with this insurance. thereof, shall be Interpreted b An insurance provded b () Y y as providing the limits or coverage required by the this endorsement shall be terms of the written contract Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 13 of 15 or agreement, but only to the extent that such limits or coverage is included within the terms of the Coverage Part to which this endorse- ment is attached. If, how- ever, the written contract or agreement species the In- surance Services Office ad- ditional insured form num- ber CG 20 10 but does not specify which edition, or specifies an edition that does not exist, Paragraphs 9.a(3)(a) and 9.a.(3)(b) of this endorsement shall not apply and Paragraph 9.b. of this endorsement shall ap- ply. 10. Broadened Contractual Liability -Work Within 517 of Railroad Property It is hereby agreed that Paragraph f.(1) of Definition 12. "Insured contract" (SEC- TION V - DEFINITIONS) is deleted. 11. Property Damage to Borrowed Equip- ment a. The following is hereby added to Ex- clusion j. Damage to Propeof Paragraph 2., Exclusions of EC- TIONI-COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: Paragraphs (3) and (4) of this exclu- sion do not apply to tools or equip- ment loaned to you, provided they are not being used to perform opera- tions at the Ume of loss. b. With respect to the insurance pro- vided by this section of the endorse- ment, the following additional provi- sions apply: (1) The Limits of insurance shown in the Declarations are replaced by the limits designated in Section B. Limits of Insurance, 11, of this endorsement with respect to coverage provided by this en- dorsement. These limits are in- clusive of and not in addition to the limits being replaced. The Limits of Insurance shown In Section B. Limits of Insurance, 11. of this endorsement fix the most we will pay in anyone "oc- currence" regardless of the number of: (a) Insureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bring "suits". (2) Deductible Clause (a) Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible amount stated in Section B. Limits of Insur- ance, 11.,of this endorse- ment. The limits of insur- ance will not be reduced by the application of such De- ductible amount. (b) Condition 2. Duties in the Event of Occurrence, Of- fense, Claim or Suit, ap- plies to each claim or "suit" irrespective of the amount. (c) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the deductible amount as has been paid by us. 12. Employees as Insureds - Specified Health Care Services It is hereby agreed that Paragraph 2.a.04(d) of SECTION II - WHO IS AN INS ED, does not apply to your "em- ployees" who provide professional health care services on your behalf as duly li- censed: a. Nurses; b. Emergency Medical Technicians; or c. Paramedics, in the jurisdiction where an "occurrence" or offense to which this insurance applies takes place. 13. Broadened Notice of Occurrence Paragraph a. of Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit (SECTION IV - COMMER- CIAL GENERAL LIABILITY CONDI- TIONS) is hereby deleted and replaced by the following: a. You must see to it that we are noti- fied as soon as practicable of an "oc- currence" or an offense which may result in a claim. To the extent pos- sible, notice should include: (1) How, when and where the "oc- currence" or offense took place; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 14 of 15 (2) The names and addresses of any injured persons and wit- nesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. This requirement applies only when the "occurrence" or offense is (mown to an "authorized representative". Includes copyrigh(ed material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 15 of IS Bond No. IDC 44606 Document A312TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: (None, legal statas and address) AME Electric, Inc. 3621 Arthur St Caldwell, ID 83605 OWNER: (Main¢, legal status and address) City of Meridian 33 E Broadway Avenue Meridian, ID 83642 CONSTRUCTION CONTRACT Date: May 27, 2014 Amount: s 164,491.00 SURETY: (Alarne, legal slams and p incipal place ofbuslness)� Merchants Bonding Company (Mutual) 2100 Fleur Drive This document has Important legal Des Moines, IA 50321-1158 consequences. Consultation with Mailing Address for Notices an attorney Is encouraged with respect to Its completion or Merchants Bonding Company (Mutual) modification. 2100 Fleur Drive, Des Moines, IA 50321-1150 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. One Hundred Sixty Four Thousand Four Hundred Ninety One Dollars and 00/100 Description: (Marne and location) Wells 9, 21 & 22 Control System Upgrades - Construction. Project If 10417.P BOND Date: May 27, 2014 (Not earlier than Construction Conh act Date) Amount: sl 64,491 .00 One Hundred Sixty Four Thousand Four Hundred Ninety One Dollars and 00/100 Modifications to this Bond: X❑ None ❑ Sec Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Carpor ale seal) Company: (Corporate Seal) AME Electric, Inc. Merchants Bonding Company (Mutual) '.Sigrahim: Signature: NMichael TenHulzen Zachary A Dehne ng Name y I and ldl�;: sr7 5 4, and Title: Attorney -in -Fact (Any'additlonal signatures appear on the last page of oris Performance Borrel) (FOR INFORM4TION ONLY —Naar e, address and telephone) AGENT or BROKER: The Hartwell Corporation PO Box 400 Caldwell, ID 83606-0400 208-459-1678 S-18521AS 8110 OWNER'S REPRESENTATIVE: (Architect, Engineer or other early:) § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 I the Contractorperforms the Construction Contract, the Surely and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 31f there is no OvmerDefoult under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shut indicate whether the Owner is requesting a conference among the Oxvner, Contractor mid Surety to discuss the Contractor's performance. If the Owncr docs not request a conference, the Surety may, within five (5) business Jays after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend, Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within len (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surely agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owners right, if any, subsequently to declare a Contractor Default .2 the Owner declams a Contractor Default, terminates the Construction Contract and notifies die Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surely from its obligations, except to die extent die Surety dernonstrales actual prejudice. § 5 When the Owner bus satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through Its agents or independent contractors; § 6.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incun•ed by the Owner as a result of the ContractorDefault or § 5.4 Waive its right to perform and complete, avenge for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is delcamincd, make payment to the Owvncr, or .2 Deny liability in whole or in part and notify die Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default oa this Bond seven days after receipt of an additional wvriden notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bund, and the Ownershall be entitled to enforce any remedy available to the Owner. If die Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in pan, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. S-1852/AS 8/10 § 7 I the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than Those of the Contractor under the Construction Convert, and the responsibilities of the Owner to the Surety shall not be greater than Those of the Owner under the Construction Contract. Subject To the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for A the responsibilities of the Contractor for correction ofdefeetivewmlcand completion of the. Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 I the Surety elects to act under Section 5.1, 5.3 or 5!I, die Surety's liability is limited to the amount of this Bond. § 9 The Surely shall not be liable to the Owner or others for obligations of the Contractor that arc unrelated to the Construction Contract, and the Balance of the Contract Price shut] not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurlsd iction in the location in which the work or part of the work 1s located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or falls to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties m a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears, § 13 When Oils Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so famished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. no total amount payable by the Owner to the Contractor under the Conslmclion Contract after all proper adjustments have bean made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on belief rof the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement behveen the Omar and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of The Omer, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.6 Contract Documents. All the documents that comprise the agreement between the Omer and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor In this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. S-1852/AS 8/10 § 16 Modifications to this bond are as follows: N/A (Space is provided helou, for• additional signahrres of added parties, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address 5-18521AS 8110 Bond No. IDC 44606 Document A312TM-2010 Conforms with The American Institute of Architects AIA Document 312 Payment Bond CONTRACTOR: SURETY: aVaace, legal scams and address) (Nance, legal status and principal place of bnsiness)� Merchants Bonding Company (Mutual) f 1y AME Electric, Inc. 2100 Fleur Drive This document has Important legal 3621 Arthur St Des Moines, IA 50321-1158 consequences. Consultation with Caldwell, ID 83605 Mailing Address for Notices an attorney Is encouraged with respect to Its completion or Merchants Bonding Company (Mutual) modification. OWNER: (,Vance, legal stalus and address) 2100 Fleur Drive, Des Moines, IA 50321-1158 Any singular rererence to Contractor, Surety, Owner or other party shall he considered City of Meridian plural where applicable, 33 E Broadway Avenue Meridian, ID 83642 CONSTRUCTION CONTRACT nate: May 27, 2014 Amount: sl 64,491.00 One Hundred Sixty Four Thousand Four Hundred Ninety One Dollars and 00/100 Description: (Nmne and location) Wells 9, 21 & 22 Control System Upgrades - Construction. Project # 10417.P BOND Date: May 27, 2014 (,Vol earlier than Construction Contract Date) Amount: S 164,491 .00 One Hundred Sixty Four Thousand Four Hundred Ninety One Dollars and 00/100 Modi citation to this Bond:Xl None ❑ See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) AME Eledtrc, Inc. Merchants Bonding Company (Mutual) �y Signature:.�, be Signal=: Name Mlch'ae Tt: Hulzen Nemo Zachary A ne and Title � StC�C+'L and Title, (Any additional signatures appear on the Iasi page of this Payment Bond) (FOR /NFORNATION ONLY —Nance, address and telephone) AGENTorBROKER: The Hartwell Corporation PO Box 400 Caldwell, ID 83606-0400 208-459-1678 S-2149/AS 8110 OWNER'S REPRESENTATIVE: (Architect. Engineer a• other party.) § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment famished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 I the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surely (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment famished for use in the performance orthe Construction Contract and tendered defense ofsuch claims, demands, liens or suits to the Contractor and the Surely. § 4 When the Owner has satisfied the conditions in Section 3, the Surely shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 6.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to [lie Contractor, staling with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, famished or supplied or for whom the labor was done or performed, within ninety (90) days after having lost performed labor or last famished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 6,2 Claimants, who arc employed by or have a direct comma( with the Contractor, have sent a Claim to die Surety (at the address described in Section 13). § 6 if a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimanlhas satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the fallowing actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) clays after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify die Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § Q The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable uttomey's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds named by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owners priority to use the funds for the completion of the work. , 8-2149/AS 8110 § 10 Thu Surety shall not be Mable to the Owner, Claimants or others for obligations of the Contractor that me unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of my Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of coinpelentJurisdiction in the slate in which the project that is the subject of the Construction Contract Is located or after the expiration ofone year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the previsions of this Paragraph we void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jmisdicllon of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be moiled or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been fiimished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond con 0leting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shot be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 16 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Ownershall promptly famish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant•, .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract, .4 a brief description of the labor, materials or equipment famished; .6 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .6 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the dale of the Claim. § 16.2 Claimant. An Individual or entity having a direct contract with The Contractor or with a subcontractor of the Contractor to famish labor, materials or equipment for mein the performance of the Construction Contract. The term Claimant also includes any Individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the loons "labor, materials or equipment" that pan ofwate, gas, power, light, heat, oil, gasoline, telephone service or rental equipmenlused in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contmcloes subcontractors, and all other items for which a mechanic's lien maybe asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Conslructlon Contract. The agreement between the Owner and Contractor identified on the cover page, Including all Contract Documents and all changes made to the agreement and the Contract Documents. S-21491AS 6170 § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.6 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shell be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are us follows; N/A (Space is provided below for additional signalures ofadded parlies, other than (hare appearing on die coverpage.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corparare Seal) Signature: Name and Address S-2149/AS 8110 Signature: Name and Title; Address MERCHANTS BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the Slate of Iowa (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint, individually, Karl F Baughman; Lynn Hawley; Raymond L Wolfe; Traci McClure; Zachary A Dehne of Caldwell and State of Idaho their true and lawful Atlomey-in-Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount 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 officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fad, and to authorize them to execute on behalf of the Company, and attach the seal of the Company [hereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed:" In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 29th day of April , 2014. -0- 2003 STATE OF IOWA COUNTY OF POLK as. Oa�\NPO 0�°9'• AqA :yam •2: Q'• 1933 : C :yv•.• •�Cti. MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By /.,f-7 7 President On this 29thday of April 2014, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. MARANDA GREENWALT n Lr Commission Number 770312 My Commission Expires g °N'"• October 28, 2014 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on 27th day of May 2014 -0- 2003 POA 0014 (11!11) Secretary