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Public Works Construction Agreement with Challenger Companies for Macaille Lift Station SCADA Upgrades
CONTRACT FOR PUBLIC WORKS CONSTRUCTION AUTUMN FAIRE AND MACAILLE LIFT STATION SCADA UPGRADES PROJECT # 10585110579 THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 7T" day of June, 2016, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Challenger Companies, Inc, hereinafter referred to as "CONTRACTOR", whose business address is 1415 Madison Ave, Nampa, ID 83687 and whose Public Works Contractor License # is C -12879 -AA -1-4. INTRODUCTION Whereas, the City has a need for services involving AUTUMN FAIRE AND MACAILLE LIFT STATION SCADA 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 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor AUTUMN FAIRE AND MACAILLE LIFT STATION SCADA UPGRADES page 1 of 12 Project 10585 / 10579 represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not -To -Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $199,264.00. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. 3.2 Should Contractor default 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. AUTUMN FAIRE AND MACAILLE LIFT STATION SCADA UPGRADES page 2 of 12 Project 10585 / 10579 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Liquidated Damages: Substantial Completion shall be accomplished within 90 (ninety) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 120 (one hundred twenty) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See Milestones listed in the Payment Schedule for Substantial Completion. 5. Termination: 5.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this AUTUMN FAIRE AND MACAILLE LIFT STATION SCADA UPGRADES page 3 of 12 Project 10585 / 10579 Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 6. Independent Contractor: 6.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 6.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 6.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 7. Sub -Contractors: Contractor shall require that all of its sub -contractors be licensed per State of Idaho Statute # 54-1901 8. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 9. Indemnification and Insurance: 9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and for any and all AUTUMN FAIRE AND MACAILLE LIFT STATION SCADA UPGRADES page 4 of 12 Project 10585 / 10579 losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 9.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. 9.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 9.4 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 9.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 9.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. AUTUMN FAIRE AND MACAILLE LIFT STATION SCADA UPGRADES page 5 of 12 Project 10585 / 10579 9.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho. In the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re -procurement of the contract services. 12. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 13. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 14. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. AUTUMN FAIRE AND MACAILLE LIFT STATION SCADA UPGRADES page 6 of 12 Project 10585 / 10579 15. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: http://www.meridiancity.org/environmental.aspx?id=13618. Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 16. ACRD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACRD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right -of -Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 17. Reports and Information: 17.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 17.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 18. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data AUTUMN FAIRE AND MACAILLE LIFT STATION SCADA UPGRADES page 7 of 12 Project 10585 / 10579 relating to all matters covered by this Agreement. 19. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 20. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 21. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents. 22. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 23. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 24. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 25. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver AUTUMN FAIRE AND MACAILLE LIFT STATION SCADA UPGRADES page 8 of 12 Project 10585 / 10579 of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 26. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 27. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 28. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. 29. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 30. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 31. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 32. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 33. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed AUTUMN FAIRE AND MACAILLE LIFT STATION SCADA UPGRADES page 9 of 12 Project 10585 / 10579 communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian CHALLENGER COMPANIES, INC Purchasing Manager Attn: Jason Wright 33 E Broadway Ave 1415 Madison Ave Meridian, ID 83642 Nampa, ID 83687 208-489-0417 Phone: 208-461-0608 Email: jason@challengercompanies.com Idaho Public Works License #C -12879 -AA -1-4 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY: TAMMY de W D, MAYOR Dated: ( 0 - Approved by Council: (,o - rt 1 Purchasing A proval BY: 4- KEITH W , T urc asing Vanager Dated: Project Manager Garrick Nelson CHALLENGER COMPANIES, INC BY: JA W RIGHT ®. - 204 �- " ty of ERIDIAN*-- m OioaHo r SEF>L. BY: WARREN STEWART, Engineering Manager Dated:: � / '& AUTUMN FAIRE AND MACAILLE LIFT STATION SCADA UPGRADES page 10 of 12 Project 10585110579 EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW -1632-10585 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -1632-10585, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the 2012 version of the Idaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate documents: • PLANS AND SPECIFICATIONS AUTUMN FAIRE LIFT STATION • Plans — Autumn Faire Lift Station by Bowen Collins & Associates dated 11-9-2015 (14 pages) • Autumn Faire Lift Station Specifications by Bowen Collins & Associates (12 pages) MACAILE LIFT STATION • Plans — Macaile Lift Station by Bowen Collins & Associates dated 11-9-2015 (12 pages) • Macaile Lift Station Specifications by Bowen Collins & Associates (12 pages) AUTUMN FAIRE AND MACAILLE LIFT STATION SCADA UPGRADES page 11 of 12 Project 10585 / 10579 MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $199,264.00. NOT TO EXCEED CONTRACT TOTAL ....................... $199,264.QQ Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decreases in work requested by city. The City will pay the contractor based on actual quantities of each item of work in accordance with the contract documents. Item No. Description Quantity Unit Unit Price MOBILIZATION/DEMOBILIZATION - Costs 1 associated with Mobilization and Demobilization for 1 LS $8,000 both Autumn Faire and Macaile Lift Stations INSTRUMENTATION - Level transducer, floats 2 and installation for both Autumn Faire and Macaile 1 LS $4,000 Lift Stations PLC CONTROL PANEL - PLC Control Panel 3 including all power supplies, UPS's and installation 2 EA $55,000 labor for both Autumn Faire and Macaile Lift Stations ELECTRICAL EQUIPMENT — All remaining 4 equipment for both Autumn Faire and Macaile Lift 1 LS $20,000 Stations 5 TESTING — Testing of control wiring for both 1 LS $5,000 Autumn Faire and Macaile Lift Stations PIPING AND NEW VALVE VAULT — AUTUMN 6 FAIRE — Include all work associated with removal 1 LS $27,636 of old piping and installation of new piping and valve at Autumn Faire only OTHER MISC — Include all misc work not 7 mentioned herein for both Autumn Faire and 1 LS $24,628 Macaile Lift Stations AUTUMN FAIRE AND MACAILLE LIFT STATION SCADA UPGRADES page 12 of 12 Project 10585 / 10579 AUTUMN FAIRE LIFT STATION SPECIFICATIONS SECTION 512A ELECTRICAL PART1 GENERAL 1.1 SECTION INCLUDES A. Electrical materials, installation, testing and miscellaneous. 1.2 STANDARDS AND REFERENCES A. All electrical work shall be executed in strict accordance with the following standards: 1 National Electrical Code (NEC) 2 Underwriters Laboratory (UL Listings)698 3 Local, State and Federal rules and regulations 1.3 TESTING A. The CONTRACTOR shall completely test the electrical system to assure that circuits are wired as called for on the drawings, and shall test the system for grounds and short circuits. B. The CONTRACTOR shall provide an Arc Flash study and appropriate labeling. The label format shall be the same as shown in Figure 1.3 below. FIGRURE 1.3 1.4 MISCELLANEOUS A. Provide storage for materials and assume complete responsibility for losses. Protect completed work, work underway and materials against AUTUMN FAIRE LIFT STATION SPECIFICATIONS loss or damage. Close circuit openings with caps or plugs during installation. Cover fixtures and equipment and protect against dirt or damage caused by water, chemicals or mechanical accident. B. The CONTRACTOR shall coordinate the work under this section with the work being done under other sections. The CONTRACTOR shall promptly notify the DESIGN ENGINEER of any conflicts within the Plans and Specifications. All changes required in the work of the CONTRACTOR as a result of his failure to notify the DESIGN ENGINEER shall be made by the CONTRACTOR at his own expense. C. The CONTRACTOR shall coordinate with the power company for permanent power service and, if necessary, temporary power. The CONTRACTOR shall be solely responsible for any and all costs associated with providing temporary and permanent power to the lift station. D. The DESIGN ENGINEER shall be responsible for review of shop drawings and equipment submittals. Two complete sets of the shop drawings and other submittals shall be submitted to the PUBLIC WORKS DEPARTMENT prior to installation of the lift station and equipment. E. Should the CONTRACTOR fail to comply with the requirements of this section regarding Record Drawings, final approval and acceptance shall be delayed. PART 2 MATERIALS 2.1 SERVICE ENTRANCE AND EQUIPMENT A. CONTRACTOR must provide the following signs at all confined space entry points. They must be on 5"x7" aluminum plates, with permanent weatherproof lettering and attached with S.S. fasteners. 1. DANGER CONFINED SPACE; ENTER BY PERMIT ONLY 2. FALL PROTECTION REQUIRED 2.2 CONTROL PANEL A. Furnish and install a duplex pump station control panel as shown in drawing package. Control Panel shall be have a UL698 listing. The UL698 panel builder shall be located with 100 miles of the job site. It must include all requirements and items as listed below and must be sized large enough to provide unused space for future equipment installed by the City. AUTUMN FAIRE LIFT STATION SPECIFICATIONS 1. The control panel must be NEMA 4X Stainless steel with latches that require no tool to open, padlocking hasp and matching S.S. drip shield. The panel shall also include internal LED lighting with door mounted switches. 2. The panel must include the line power components, with the following switches accessible without opening the swing out panel doom a. Main breaker b. Lighting/surge protection. 3. Motor feed components; one for each pump circuit breaker, VFD, and pump manufacturer's protective relays, and auxiliary contacts. 4. The panel must include control and monitoring components on a separate circuit breaker (accessible without opening the swing out panel) as noted below; a. Allen Bradley Compact Logix 1769-L33ER PLC b. HMI screen mounted in the front of the swing -out panel Allen Bradley Panel View Plus 6 700 C. I/O modules 1. Digital Input 1769-IQ16 2. Digital Output 1769-OB16 3. Analog Input 1769-IF4 d. 120V control transformer e. UPS Toshiba UTIA1A010C6 With relay interface module f. Air conditioner with internal heater sized for calculated heat load. g. VFD Allen Bradley Powerflex 755 series with Ethernet communication module and harmonic filters to meet IEEE -519 h. Provide 100% spare fuses.(One of each type and size) 5. Pressure transducer. a. The 15 PSI pressure transducer shall be a KPSI Model 750 with more than adequate cable to reach inside the panel. 6. Back-up high level float switch that meets the following requirements AUTUMN FAIRE LIFT STATION SPECIFICATIONS a. When level in the wet well rises to the float elevation, a timer logic in the PLC will prevent more than one (1) pump from trying to start at the same time after a power outage and providing a float operation alarm. b. The float will be mounted for easy removal, cleaning, and adjustment. B. All components shall be identified with engraved nameplates with a white background. Lettering shall be black and at least 1/4" high. C. Install 20 amp GFCI receptacle on the exterior of the panel. 2.3 NOT USED 2.4 CONDUIT A. All exposed conduit to be rigid galvanized. Provide conduit seal offs where required by NEC for Class 1 Division 1 and Class 1 Division 2 areas. B. All underground conduit to be schedule 80 PVC. C. Minimum conduit size for motor feeders is one and one-half inch (1 %1. 2.5 CONDUCTORS A. Conductors shall be copper unless otherwise specified. B. The insulation for conductors, size #8 and smaller, shall be type THWN or THHN. C. Conductors shall be sized according to the drawings. All wire shall be stranded. Minimum wire size shall be #12 except where specified for signal and pilot control conductors. 1. Motor feeders shall be copper, type RHW or TW for sizes 10 and 12, and THWN for larger sizes, installed in rigid galvanized metal conduit. Motors shall be grounded with a visible green ground wire 2. Internal panel wiring shall be color -coded and any wiring leaving the panel shall pass through properly numbered or coded terminal strips. Every switch, control relay, circuit AUTUMN FAIRE LIFT STATION SPECIFICATIONS breaker, wiring and other component, either inside or outside the control panel shall be visibly identified by permanently attached phenolic plates. 2.6 LOCATING TAPE A. Material: Two inch red 4 mil polyethylene. B. Labeling: "Caution — Buried Electrical Below" in 1 %-inch minimum black lettering. PART 3 WORKMANSHIP 3.1 SERVICE ENTRANCE AND EQUIPMENT A. Signs 1. Signs as specified in section 2.1 must be posted at all confined space entry points. 2. They must not pose a tripping hazard. B. Grounding 1. All electrical panelboards and equipment shall be grounded in accordance with the requirements of the NEC. The neutral bus of panelboards shall be grounded to the system ground and adjoining sections of switchgear bonded together. 2. No portion of the electrical system shall be energized until the service ground has been connected. 3.2 CONTROL PANEL A. Safety features shall include the ability or devices to Lock Out/Tag out all breakers, all resets and controls accessible without opening swing out panel. B. Contractor shall install the proper I/O legend that comes with each module on the back of the cover. 3.3 CONDUIT A. All systems of conduit must be installed completely before conductors are pulled in. B. Raceway ends shall be capped during construction. Conduits in which AUTUMN FAIRE LIFT STATION SPECIFICATIONS water or foreign matter has accumulated shall be thoroughly cleaned to the satisfaction of the Engineer or be replaced. C. A tagged #12 AWG galvanized, or nylon, pull wire shall be provided in all empty conduits with at least eighteen (18) inches coiled free at each end. Only tags with a metal rim, made for this purpose, shall be used. D. All conduit joints shall be cut square, threaded, reamed smooth and made up tight. Bends or offsets shall be made with standard conduit ells. Field bends shall be made with approved hickey, and conform to NEC limitations. E. Provide one spare 1 1/2 inch conduit from wet well to control panel and one spare 1-1/2 inch conduit from control panel to any below grade junction box. Spare conduits must be properly marked. F. All exposed threads on rigid conduit shall be coated with an anti- corrosive coating. 3.4 CONDUCTORS A. All conductors shall be installed in conduit. B. Conductors shall not be pulled into conduit until cabinets and outlet boxes are free of foreign matter and moisture. C. Conductors shall be continuous from outlet to outlet. 3.5 SUPERVISORY CONTROL AND DATA ACQUISITION - SCADA A. SCADA shall be provided with a contractor supplied GE MDS -INET II RADIO 900 HL SPREAD SPECTRUM through a contractor supplied 7 element antenna mounted Telewave ANT930YIO-WR at an adequate elevation. SCADA controls and alarms will be determined by the City of Meridian. SCADA programming will be provided by the City of Meridian under a separate contract. B. Monitoring shall be provided with wrap around current transducers for alarm and monitoring of each pump's amps through SCADA. Hour meters for each pump will be displayed on the HMI and through SCADA. Monitoring for each pump, shall be provided on the HMI hour meter, Run indication Seal Fail, Overtemp. High Level Alarm, Low Level Alarm. High and low level alarms to be nonlatching. AUTUMN FAIRE LIFT STATION SPECIFICATIONS 3.6 SITE LIGHTING A. One 3900 Lumen LED flood light, shall be installed within the fenced lift station area. B. The light shall be mounted on 20ft. square pole above the control panel and shall be operated by an output from the PLC. The PLC will be programmed to automatically turn the light off after 30 min. The exact location will be determined during plan review and approval. s • END OF SECTION • • AUTUMN FAIRE LIFT STATION SPECIFICATIONS SECTION 512C COMPLETION REQUIREMENTS Prior to Lift Station approval and acceptance the CONTRACTOR shall complete the following: 1.1 FINAL CLEANING A. Prior to final inspection, execute the following final cleaning items. 1. Clean site. 2. Sweep paved areas. 3. Rake and clean landscaped surfaces. 4. Remove waste, surplus materials and construction debris from the site. 1.2 ADJUSTMENTS A. Adjust equipment to ensure smooth and unhindered operation. 1.3 OPERATION AND MAINTENANCE DATA It is recommended that the Contractor submit one (1) copy of completed Operation and Maintenance manual in final form fifteen (15) days prior to the final inspection. This copy will be returned after the final inspection, with PUBLIC WORKS comments. Revise content of documents as required prior to final submittal. A. Prior to final acceptance the following copies of the Operation and Maintenance manuals are required. 1. Four (4) Hard Copies. 2. Two (2) complete copies on CD. C. The manuals must be presented as follows: 1. Bound in D -size, three ring binders with durable plastic covers. 2. Binder covers must be titled "OPERATION AND MAINTENANCE INSTRUCTIONS" and include the name of project. AUTUMN FAIRE LIFT STATION SPECIFICATIONS 3. Internally subdivide the binder contents with permanent page dividers, logically organized as described in this section with tab titling clearly printed under reinforced laminated plastic tabs. 4. Text pages must be on 8-1/2" x 11" sheets on thirty (30) pound bond white paper. C. TABLE OF CONTENTS 1. Prepare a Table of Contents for each volume, with each product or system description identified. Organization must be in the following general layout: PART 1: Directory listing names, addresses, and telephone numbers of DESIGN ENGINEER, CONTRACTOR, subcontractors, and major equipment suppliers. PART 2: Operation and maintenance instructions must be arranged by process flow and subdivided by specification section. For each category, identify names, address and telephone numbers of subcontractors and suppliers. Identify the following: a. Significant design criteria. b. List of equipment. c. Parts list for each component. d. Operating instructions. e. Maintenance instructions for equipment and systems. f. Electrical to include: switchgear, manufacturer's recommended maintenance and operation instructions, parts list with name, address and phone number of local source of replacement parts PART 3: Project documents and certificates, including the following: a. Shop drawings and product data. b. Certificates. c. Photocopies of warranties. 1.4 WARRANTIES A. Warranties must be provided for the entire lift station for two (2) years from the date of the final acceptance letter issued by the City of Meridian. 1. Additional manufacturer's warranties must be submitted for all components: AUTUMN FAIRE LIFT STATION SPECIFICATIONS B. Provide duplicate notarized copies. C. Submit prior to request for final approval and acceptance. D. For items of Work delayed beyond date of Substantial Completion, provide updated submittal within ten (10) days after acceptance, listing date of acceptance as start of warranty period. 1.5 SPARE PARTS AND MAINTENANCE MATERIALS A. Provide products, spare parts, maintenance and extra materials in quantities specified in individual specification sections. B. Deliver spare parts, extra materials and other required products to WASTEWATER DIVISION; obtain receipt prior to final approval and acceptance. 1.6 STATEMENT OF COMPLIANCE THE CONTRACTOR MUST SUBMIT A LETTER OF COMPLIANCE TO THE CITY OF MERIDIAN PUBLIC WORKS DEPARTMENT PRIOR TO REQUESTING A CERTIFICATE OF OCCUPANCY FOR ANY BUILDING. ®• END OF SECTION • e AUTUMN FAIRE LIFT STATION SPECIFICATIONS SECTION 512D SYSTEM START UP 1.1 GENERAL The CONTRACTOR shall: 1. Coordinate a schedule for start-up of various equipment and systems. 2. Notify the DESIGN ENGINEER, the PUBLIC WORKS DEPARTMENT and WASTEWATER SUPERINTENDENT seven (7) days prior to start-up of each item. 3. Clean wet well of all construction debris pxja to starting pumps. 4. Verify that each piece of equipment or system has been checked for proper lubrication, drive rotation, belt tension, control sequence, or other conditions which may cause damage. 5. Verify that tests, meter readings, and specified electrical characteristics agree with those required by the equipment or system manufacturer. 6. Verify wiring and support components for equipment are complete and tested. 7. Execute start-up under supervision of responsible Manufacturer's representative, City Representative and CONTRACTOR'S personnel in accordance with manufacturer's instructions. 8. Submit a written report that equipment or system has been properly installed and is functioning correctly. 1.2 DEMONSTRATION AND INSTRUCTION In addition to the requirements of Section 1.1 above, the CONTRACTOR shall: 1. Demonstrate operation and maintenance of the system to City personnel prior to final acceptance. The CONTRACTOR shall provide the equipment manufacturer's representative for a minimum of one (1) day of training to City personnel. The CONTRACTOR shall coordinate and schedule demonstration of the system with the WASTEWATER DIVISION. AUTUMN FAIRE LIFT STATION SPECIFICATIONS 2. Utilize operation and maintenance manuals as basis for instruction. Review contents of manual with City personnel in detail to explain all aspects of operation and maintenance. 3. Demonstrate start-up, operation, control, adjustment, trouble- shooting, servicing, maintenance, and shutdown of each item of equipment at agreed-upon times, at equipment location. 4. 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All electrical work shall be executed in strict accordance with the following standards: 1 National Electrical Code (NEC) 2 Underwriters Laboratory (UL Listings)698 3 Local, State and Federal rules and regulations 1.3 TESTING A. The CONTRACTOR shall completely test the electrical system to assure that circuits are wired as called for on the drawings, and shall test the system for grounds and short circuits. B. The CONTRACTOR shall provide an Arc Flash study and appropriate labeling. The label format shall be the same as shown in Figure 1.3 below. FIGRURE 1.3 1.4 MISCELLANEOUS A. Provide storage for materials and assume complete responsibility for losses. Protect completed work, work underway and materials against MACAILE LIFT STATION SPECIFICATIONS loss or damage. Close circuit openings with caps or plugs during installation. Cover fixtures and equipment and protect against dirt or damage caused by water, chemicals or mechanical accident. B. The CONTRACTOR shall coordinate the work under this section with the work being done under other sections. The CONTRACTOR shall promptly notify the DESIGN ENGINEER of any conflicts within the Plans and Specifications. All changes required in the work of the CONTRACTOR as a result of his failure to notify the DESIGN ENGINEER shall be made by the CONTRACTOR at his own expense. C. The CONTRACTOR shall coordinate with the power company for permanent power service and, if necessary, temporary power. The CONTRACTOR shall be solely responsible for any and all costs associated with providing temporary and permanent power to the lift station. D. The DESIGN ENGINEER shall be responsible for review of shop drawings and equipment submittals. Two complete sets of the shop drawings and other submittals shall be submitted to the PUBLIC WORKS DEPARTMENT prior to installation of the lift station and equipment. E. Should the CONTRACTOR fail to comply with the requirements of this section regarding Record Drawings, final approval and acceptance shall be delayed. PART 2 MATERIALS 2.1 SERVICE ENTRANCE AND EQUIPMENT A. CONTRACTOR must provide the following signs at all confined space entry points. They must be on 5"x7" aluminum plates, with permanent weatherproof lettering and attached with S.S. fasteners. 1. DANGER CONFINED SPACE; ENTER BY PERMIT ONLY 2. FALL PROTECTION REQUIRED 2.2 CONTROL PANEL A. Furnish and install a duplex pump station control panel as shown in drawing package. Control Panel shall be have a UL698 listing. The UL698 panel builder shall be located with 100 miles of the job site. It must include all requirements and items as listed below and must be sized large enough to provide unused space for future equipment installed by the City. MACAILE LIFT STATION SPECIFICATIONS 1. The control panel must be NEMA 4X Stainless steel with latches that require no tool to open, padlocking hasp and matching S.S. drip shield. The panel shall also include internal LED lighting with door mounted switches. 2. The panel must include the line power components, with the following switches accessible without opening the swing out panel door: a. Main breaker b. Lighting/surge protection. 3. Motor feed components; one for each pump circuit breaker, VFD, and pump manufacturer's protective relays, and auxiliary contacts. 4. The panel must include control and monitoring components on a separate circuit breaker (accessible without opening the swing out panel) as noted below; a. Allen Bradley Compact Logix 1769-L33ER PLC b. HMI screen mounted in the front of the swing -out panel Allen Bradley Panel View Plus 6 700 C. I/O modules 1. Digital Input 1769-IQ16 2. Digital Output 1769-OB16 3. Analog Input 1769-IF4 d. 120V control transformer e. UPS Toshiba UT1A1A010C6 With relay interface module f. Air conditioner with internal heater sized for calculated heat load. g. VFD Allen Bradley Powerflex 755 series with Ethernet communication module and harmonic filters to meet IEEE -519 h. Provide 100% spare fuses.(One of each type and size) 5. Pressure transducer. a. The 15 PSI pressure transducer shall be a KPSI Model 750 with more than adequate cable to reach inside the panel. 6. Back-up high level float switch that meets the following requirements MACAILE LIFT STATION SPECIFICATIONS a. When level in the wet well rises to the float elevation, a timer logic in the PLC will prevent more than one (1) pump from trying to start at the same time after a power outage and providing a float operation alarm. b. The float will be mounted for easy removal, cleaning, and adjustment. B. All components shall be identified with engraved nameplates with a white background. Lettering shall be black and at least 1/4" high. C. Install 20 amp GFCI receptacle on the exterior of the panel. 2.3 NOT USED 2.4 CONDUIT A. All exposed conduit to be rigid galvanized. Provide conduit seal offs where required by NEC for Class 1 Division 1 and Class 1 Division 2 areas. B. All underground conduit to be schedule 80 PVC. C. Minimum conduit size for motor feeders is one and one-half inch (1 2.5 CONDUCTORS A. Conductors shall be copper unless otherwise specified. B. The insulation for conductors, size #8 and smaller, shall be type THWN or THHN. C. Conductors shall be sized according to the drawings. All wire shall be stranded. Minimum wire size shall be #12 except where specified for signal and pilot control conductors. 1. Motor feeders shall be copper, type RHW or TW for sizes 10 and 12, and THWN for larger sizes, installed in rigid galvanized metal conduit. Motors shall be grounded with a visible green ground wire 2. Internal panel wiring shall be color -coded and any wiring leaving the panel shall pass through properly numbered or coded terminal strips. Every switch, control relay, circuit MACAILE LIFT STATION SPECIFICATIONS breaker, wiring and other component, either inside or outside the control panel shall be visibly identified by permanently attached phenolic plates. 2.6 LOCATING TAPE A. Material: Two inch red 4 mil polyethylene. B. Labeling: "Caution — Buried Electrical Below" in 1 %-inch minimum black lettering. PART 3 WORKMANSHIP 3.1 SERVICE ENTRANCE AND EQUIPMENT A. Signs 1. Signs as specified in section 2.1 must be posted at all confined space entry points. 2. They must not pose a tripping hazard. B. Grounding 1. All electrical panelboards and equipment shall be grounded in accordance with the requirements of the NEC. The neutral bus of panelboards shall be grounded to the system ground and adjoining sections of switchgear bonded together. 2. No portion of the electrical system shall be energized until the service ground has been connected. 3.2 CONTROL PANEL A. Safety features shall include the ability or devices to Lock Out/Tag out all breakers, all resets and controls accessible without opening swing out panel. B. Contractor shall install the proper I/O legend that comes with each module on the back of the cover. 3.3 CONDUIT A. All systems of conduit must be installed completely before conductors are pulled in. B. Raceway ends shall be capped during construction. Conduits in which MACAILE LIFT STATION SPECIFICATIONS water or foreign matter has accumulated shall be thoroughly cleaned to the satisfaction of the Engineer or be replaced. C. A tagged #12 AWG galvanized, or nylon, pull wire shall be provided in all empty conduits with at least eighteen (18) inches coiled free at each end. Only tags with a metal rim, made for this purpose, shall be used. D. All conduit joints shall be cut square, threaded, reamed smooth and made up tight. Bends or offsets shall be made with standard conduit ells. Field bends shall be made with approved hickey, and conform to NEC limitations. E. Provide one spare 1 1/2 inch conduit from wet well to control panel and one spare 1-1/2 inch conduit from control panel to any below grade junction box. Spare conduits must be properly marked. F. All exposed threads on rigid conduit shall be coated with an anti- corrosive coating. 3.4 CONDUCTORS A. All conductors shall be installed in conduit. B. Conductors shall not be pulled into conduit until cabinets and outlet boxes are free of foreign matter and moisture. C. Conductors shall be continuous from outlet to outlet. 3.5 SUPERVISORY CONTROL AND DATA ACQUISITION - SCADA A. SCADA shall be provided with a contractor supplied GE MDS -INET II RADIO 900 HL SPREAD SPECTRUM through a contractor supplied 7 element antenna mounted Telewave ANT930YIO-WR at an adequate elevation. SCADA controls and alarms will be determined by the City of Meridian. SCADA programming will be provided by the City of Meridian under a separate contract. B. Monitoring shall be provided with wrap around current transducers for alarm and monitoring of each pump's amps through SCADA. Hour meters for each pump will be displayed on the HMI and through SCADA. Monitoring for each pump, shall be provided on the HMI hour meter, Run indication Seal Fail, Overtemp. High Level Alarm, Low Level Alarm. High and low level alarms to be nonlatching. MACAILE LIFT STATION SPECIFICATIONS 3.6 SITE LIGHTING A. One 3900 Lumen LED flood light, shall be installed within the fenced lift station area. B. The light shall be mounted on 20ft. square pole above the control panel and shall be operated by an output from the PLC. The PLC will be programmed to automatically turn the light off after 30 min. The exact location will be determined during plan review and approval. ®• END OF SECTION • • MACAILE LIFT STATION SPECIFICATIONS SECTION 512C COMPLETION REQUIREMENTS Prior to Lift Station approval and acceptance the CONTRACTOR shall complete the following: 1.1 FINAL CLEANING A. Prior to final inspection, execute the following final cleaning items. 1. Clean site. 2. Sweep paved areas. 3. Rake and clean landscaped surfaces. 4. Remove waste, surplus materials and construction debris from the site. 1.2 ADJUSTMENTS A. Adjust equipment to ensure smooth and unhindered operation. 1.3 OPERATION AND MAINTENANCE DATA It is recommended that the Contractor submit one (1) copy of completed Operation and Maintenance manual in final form fifteen (15) days prior to the final inspection. This copy will be returned after the final inspection, with PUBLIC WORKS comments. Revise content of documents as required prior to final submittal. A. Prior to final acceptance the following copies of the Operation and Maintenance manuals are required. 1. Four (4) Hard Copies. 2. Two (2) complete copies on CD. C. The manuals must be presented as follows: 1. Bound in D -size, three ring binders with durable plastic covers. 2. Binder covers must be titled "OPERATION AND MAINTENANCE INSTRUCTIONS" and include the name of project. MACAILE LIFT STATION SPECIFICATIONS 3. Internally subdivide the binder contents with permanent page dividers, logically organized as described in this section with tab titling clearly printed under reinforced laminated plastic tabs. 4. Text pages must be on 8-1/2" x 11" sheets on thirty (30) pound bond white paper. C. TABLE OF CONTENTS 1. Prepare a Table of Contents for each volume, with each product or system description identified. Organization must be in the following general layout: PART 1: Directory listing names, addresses, and telephone numbers of DESIGN ENGINEER, CONTRACTOR, subcontractors, and major equipment suppliers. PART 2: Operation and maintenance instructions must be arranged by process flow and subdivided by specification section. For each category, identify names, address and telephone numbers of subcontractors and suppliers. Identify the following: a. Significant design criteria. b. List of equipment. c. Parts list for each component. d. Operating instructions. e. Maintenance instructions for equipment and systems. f. Electrical to include: switchgear, manufacturer's recommended maintenance and operation instructions, parts list with name, address and phone number of local source of replacement parts PART 3: Project documents and certificates, including the following: a. Shop drawings and product data. b. Certificates. c. Photocopies of warranties. 1.4 WARRANTIES A. Warranties must be provided for the entire lift station for two (2) years from the date of the final acceptance letter issued by the City of Meridian. 1. Additional manufacturer's warranties must be submitted for all components: MACAILE LIFT STATION SPECIFICATIONS B. Provide duplicate notarized copies. C. Submit prior to request for final approval and acceptance. D. For items of Work delayed beyond date of Substantial Completion, provide updated submittal within ten (10) days after acceptance, listing date of acceptance as start of warranty period. 1.5 SPARE PARTS AND MAINTENANCE MATERIALS A. Provide products, spare parts, maintenance and extra materials in quantities specified in individual specification sections. B. Deliver spare parts, extra materials and other required products to WASTEWATER DIVISION; obtain receipt prior to final approval and acceptance. 1.6 STATEMENT OF COMPLIANCE THE CONTRACTOR MUST SUBMIT A LETTER OF COMPLIANCE TO THE CITY OF MERIDIAN PUBLIC WORKS DEPARTMENT PRIOR TO REQUESTING A CERTIFICATE OF OCCUPANCY FOR ANY BUILDING. 00 END OF SECTION • MACAILE LIFT STATION SPECIFICATIONS SECTION 512D SYSTEM START UP 1.1 GENERAL The CONTRACTOR shall: 1. Coordinate a schedule for start-up of various equipment and systems. 2. Notify the DESIGN ENGINEER, the PUBLIC WORKS DEPARTMENT and WASTEWATER SUPERINTENDENT seven (7) days prior to start-up of each item. 3. Clean wet well of all construction debris prior to starting pumps. 4. Verify that each piece of equipment or system has been checked for proper lubrication, drive rotation, belt tension, control sequence, or other conditions which may cause damage. 5. Verify that tests, meter readings, and specified electrical characteristics agree with those required by the equipment or system manufacturer. 6. Verify wiring and support components for equipment are complete and tested. 7. Execute start-up under supervision of responsible Manufacturer's representative, City Representative and CONTRACTOR'S personnel in accordance with manufacturer's instructions. 8. Submit a written report that equipment or system has been properly installed and is functioning correctly. 1.2 DEMONSTRATION AND INSTRUCTION In addition to the requirements of Section 1.1 above, the CONTRACTOR shall: 1. Demonstrate operation and maintenance of the system to City personnel prior to final acceptance. The CONTRACTOR shall provide the equipment manufacturer's representative for a minimum of one (1) day of training to City personnel. The CONTRACTOR shall coordinate and schedule demonstration of the system with the WASTEWATER DIVISION. MACAILE LIFT STATION SPECIFICATIONS 2. 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PWC -C-12879 00001, 02310, 05090, 06200, 07700, 13800, 15100, 15400, 15510, 15700, 16000 First Prev Page: 1 of 1 Next Last Details - License Number: PWC -C-12879 Lie Info Registration #: PWC -C-12879 Issue: 3/31/2016 Expire: 3/31/2017 Type: PUBLIC WORKS Sub -Type: AA Status: ACTIVE Company: Challenger Companies, Inc. Phone: (208)461-0608 Cell: (208) 859-9003 Pager: Fax: (208)461-0650 Owner Name: The Division of Building Safety, makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this website indicates understanding and acceptance of this statement. 1-800-955-3044, 1090 E Watertower St, Suite 150 Meridian ID 83642 HOME I CONTACT https://web.dbs.idaho.gov/etrakit3/Custom/Idaho PublieWorksSearchRslts.aspx 5/23/2016 IDSOS Viewing Business Entity Page 1 of 2 IDAHO SECRETARY OF STATE Viewing Business Entity Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for CHALLENGER COMPANIES INC. ] [ Monitor CHALLENGER COMPANIES, INC. business filings ] CHALLENGER COMPANIES, INC. 1415 MADISON AVE NAMPA, ID 83687 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING 12 Aug 1997 State of Origin: IDAHO Date of 12 Aug 1997 Origination/Authorization: Current Registered Agent: JASON WRIGHT 1415 MADISON AVE NAMPA, ID 83687 Organizational ID / Filing C120510 Number: Number of Authorized Stock 100000 Shares: Date of Last Annual Report: 30 Jul 2015 Annual Report Due: Aug 2016 Original Filing: [ Help Me Print/View TIFF ] Filed 12 Aug 1997 INCORPORATION View Image (PDF format], View Image (TIFF format) Amendments: [ Help Me Print/View TIFF ] Amendment Filed 28 Oct NAME CHANGED View Image (PDF format 2003 TO CHALLENGER View Image (TIFF format) COMPANIES, INC. Amendment Filed 28 Oct NAME CHANGED View Image (PDF format 2003 TO CHALLENGER View Image (TIFF format] COMPANIES, INC. Annual Reports: [ Help Me Print/View TIFF ] Report for year 2015 ANNUAL REPORT View Document Online Report for year 2014 ANNUAL REPORT View Document Online Report for year 2013 ANNUAL REPORT View Document Online Report for year 2012 ANNUAL REPORT View Document Online Report for year 2011 ANNUAL REPORT View Document Online Report for year 2010 ANNUAL REPORT View Document Online https://www.accessidaho.org/public/sos/corp/C120510.html 5/23/2016 Fax: (208)887-4813 ACORN® CERTIFICATE OF LIABILITY INSURANCE ATE(MMIDD/YYYY) P05/26/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Dawna McGee Boise Capital Insurance 1556 S Timesquare Ln Ste 200 PHONN Ext. (208)321-1400 1AJCNe; (208)321-9400 ADDRESS: dawna@boisecapitalins.com INSURERS AFFORDING COVERAGE Jq ++ NAIC# Boise, ID 83709 INSURER A: Auto -Owners Insurance Company 18988 MED EXP (Any one person) $ 10000 INSURED im y� Challenger Companies, Inc. �(�} INSURERS: Liberty Mutual insurance 19690 INSURER C: INSURER D: 1415 Madison Ave rJ ltl Nampa, ID 83687 FINANCE- 1) INSURER E: INSURER F: LIABILITY ANY AUTOBODILY OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY COVERAGES CERTIFICATE NUMBER: 00000000-0 REVISION NUMBER: 106 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INS. UBDR POLICY NUMBER MMI POLICY EFF M POLICY/EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS-MADEDAMAGE OCCUR Y 57008484 01/15/2016 01/15/2017 EACH OCCURRENCE $ 1,000,000 TO RENTED PREMISES (Ea occurrence) $ 300,000 MED EXP (Any one person) $ 10000 PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY � PE� 1-1 LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS -CO_M_P_/_O_P_ AGG $ 2,000,000 $ A AUTOMOBILE IX LIABILITY ANY AUTOBODILY OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY 4751471700 01/15/2016 01/15/2017 11 S Eaaeccdar")_ INGLELIMIT $ 1,000,000 INJURY (Per person) $ BODILY INJURY Per accident) $ PROPERTY DAMAGE $ Per accident $ A X UMBRELLA LIAR EXCESS LIAB �( OCCUR CLAIMS -MADE ! 4751471701 01/15/2016 1 01/15/2017 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 DED X RETENTION$ 10,000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTIONOFOPERATIONSbelow N I A i WC41NC-016559-016 01/01/2016 01/01/2017 PER OTH- X STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE- EA EMPLOYEE $ 1,000,000 -- - E.L. DISEASE -POLICY LIMIT $ 1,000,000 B Installation Floater BMO 55378168 01/15/2016 1 01/15/2017 Limit 250,000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) City of Meridian is listed as Additional Insured. Project: 10585 / 10579 Autumn Fair and MaCaille Lift Station SCADA Upgrades L,mm I Irm m I C MULLMM City of Meridian Purchasing Department 33 E 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 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Printed by DEM on May 26, 2016 at 09:02AM SuAlA Document A312 TM .2010 Performance Bond CONTRACTOR: (Name, legal status and address) Challenger Companies, Inc 1415 Madison Ave Nampa, Idaho 83687 OWNER: (Name, legal status and address) City of Meridian 33 E Broadway Ave Meridian, Idaho 83642 CONSTRUCTION CONTRACT Date: June 7-"', 2016 Amount: $199,264.00 SURETY: (Name, legal status and principal place of business) The Ohio Casualty Insurance Company 62 Maple Ave Keene, NH 03431 Description: (Name and location) Project No. 10585 / 10579 Autumn Faire and Macaille Lift Station SCADA Upgrades BONDQ1 Date: June 2016 (Not earlier than Construction Contract Date) Amount: $199,264.00 Modifications to this Bond: ® None ❑ See Section 16 CONTRACTOR AS PRINCIPAL SURETY Companry: (Corporate Seal) Company: (Corporate Seal) Challenger Comp nies, Inc The Ohio Casualty Insurance Company Signa Signatur Name �SaaJ 1,�Name K ryl ichter, A orney-In-Fact and Title: Gvrp4•,Q s�c/16s�t�f� and Title: (Arty additional signatures appear on t e last page of this Performance Bond.) (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Allied Bonding (Architect, Engineer or other party) 5605 Overland Rd. Boise, ID 83705 Phone (208) 345-4177 Fax (208) 384-1677 JUN 0 1 2016 FINANCE DEPT Bond No. 023-034-006 This document has Important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, Into one form. This is not a single combined Performance and Payment Bond. Init. AIA Document A312m — 2010. The American Institute of Architects. 061110 § 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 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with 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; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. tnh. AIA Document A312Te — 2010. The American Institute of Architects. § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5. 1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been f imished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and 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 Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. [nit AIA Document A312*H — 2010. The American Institute of Architects. § 16 Modifications to this bond are as follows: None (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address Signature: Name and Title: Address CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. IniL AIA Document A3127m — 2010. The American institute of Architects. RECHVcgi, #A1A Document A312TM —2010 _ FINANCE DEPT Payment Bond Bond No. 023-034-006 CONTRACTOR: (Name, legal status and address) Challenger Companies, Inc 1415 Madison Ave Nampa, Idaho 83687 OWNER: (Name, legal status and address) City of Meridian 33 E Broadway Ave Meridian, Idaho 83642 CONSTRUCTION CONTRACT Date: June 7 2016 Amount: $199,264.00 SURETY: (Name, legal status and principal place of business) i The Ohio Casualty Insurance Company 62 Maple Ave Keene, NH 03431 Description: (Name and location) Project No. 10585 / 10579 Autumn Faire and Macaille Lift Station SCADA Upgrades BOND Date: June , 2016 (Not earlier than Construction Contract Date) Amount: $199,264.00 Modification to this Bond: ® None ❑ See Section 18 ,CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Challenger Companies, Inc The Ohio Casualty Insurance Co any Signatur Signature: Name �J,�SoN A"; Name K*Iichter, AttoX ey-In-Fact and Title:,, r; S' aEf�y and Title: (Arty additional signatures appear on the last page of this Payment Bond) (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Allied Bonding (Architect, Engineer or other parry.) 5605 Overland Rd. Boise, ID 83705 Phone (208) 345-4177 Fax (208) 384-1677 Init AIA Document A312*" —2010. The American Institute of Architects. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This Is not a single combined Performance and Payment Bond. willo 5 § 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 furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5. 1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. Init. AIA Document A312111 — 2010. The American Institute of Architects. 6 § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no 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 competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page 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 famished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .6 the date on which the Claimant last performed labor or last famished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment famished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. Ink. AIA Document A312n — 2010. The American Insthute of Architects. § 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. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: None (Space is provided below for additional signatures of added parties, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address Signature: Name and Title: Address CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. (nit. AIA DocumentA3121" —"10. The American Instfh& of Arch'dects. 8 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7303932 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: ThatAmerican Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmerican Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Janet K. Holthaus; Katy[ A. Richter all of the city of Boise , state of ID each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 29th day of March 2016 PND cgsG Lzv INsU 'INS01? 1A INS p American Fire and Casualty Company i ��wrF, �F The Ohio Casualty Insurance Company t 1906 0 0 19i9 n r 141 Z o d 1991 Liberty Mutual Insurance Company i i s ro e West American Insurance Company s 4) * By:41 s 0 STATE OF PENNSYLVANIA ss David M. Care , Assistant Secretary COUNTY OF MONTGOMERY s On this 29th day of March 2016 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and t v d Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, >,0 p l06 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. _ d > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. O s A PAS f COMMONWEALTH OF PENNSYLVANIAL;�%ii/ C q`��,oNaiegTFC Notarial Seal ���/ /G Q r jq tiw v° �i v Teresa Pastella, Notary Public g O d of Plymouth Tw Montgomery Count Y 3 t 0 i y Commission 9 y Teresa Pastella, Notary Public C d SOT P \o Member, Pennsylvania My PAssoires ciation of otaaries 0 Ry IL c This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casually Insurance .0 Company, � Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: C L ARTICLE IV— OFFICERS —Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject O s to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as ma be necessa to act in behalf of the Corporation to make, execute, seal, �+ c 'C� YP PP �Y necessary P O c acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective E +: powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so e �O executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under > 1 L2 A the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. m t rARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, a > L and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, L C, ov seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their P a respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so v C executed such instruments shall be as binding as if signed by the president and attested by the secretary. 04 Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in- ~ fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casually Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. / ! IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of tA �` 20' lX PND CASA VA,? 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