HomeMy WebLinkAboutPublic Works Construction Agreement with Challenger Companies for WRRF PLC Upgrades 2016CONTRACT CHECKLIST
I.
PROJECT INFORMATION
Date: 8/4/2016
REQUESTING DEPARTMENT PW ENGR
Project Name:
WRRF PLC UPGRADES 2016
Project Manager: Emily Skoro
Contract Amount: $89,737
Contractor/Consultant/Design Engineer:
Challenger Companies / CH21M Hill
Is this a change order? Yes ❑ No 0 Change Order No.
IL BUDGET INFORMATION
(Project Manager to Complete)
III. Contract Type
Fund: 60
Budget Available (Purchasing attach report):
Department 3590
Yes 0 No ❑
Construction 0
GL Account 94300
FY Budget: FY16
Task Order ❑
Project Number: 10696.b
Enhancement: Yes ❑ No ❑
Professional Service ❑
Equipment ❑
Will the project cross fiscal years? Yes
No ❑
Grant ❑
IV.GRANT INFORMATION - to be completed only on Grant funded projects
Grant It: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded)
Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach
V. `
BASIS OF AWARD
BID
RFP / RFQ TASK ORDER
Award based on Low Bid
Highest Ranked Vendor Selected Master Agreement Category
(Bid Results Attached) Yes 0 No ❑
(Ratings Attached) Yes ❑ No ❑ Date MSA Roster Approved:
Typical Award Yes ❑ No 0
If no please state circumstances and conclusion:
Only one bidder.
Date Award Posted: 7/27/2016
7 day protest period ends: August 6, 2016
V1.
CONTRACTOR / CONSULTANT REQUIRED INFORMATION
PW License PWC -C42879
Expiration Date: 3/31/2017 Corporation Status Goodstanding
Insurance Certificates Received (Date):
8/3/2016 Expiration Date: 1/15/2017 Rating: A++
Payment and Performance Bonds Received (Date):
8/3/2016 Rating: A
Builders Risk Ins. Req'd: Yes ❑
No 0 if yes, has policy been purchased? N/A
(Only applicabale for projects above $1,000,000)
Reason Consultant Selected ❑ 1 Performance on past projects
Check all that apply ❑ Quality of work ❑ On Budget
❑ On Time ❑ Accuracy of Construction Est
❑ 2 Qualified Personnel
❑ 3 Availability of personnel
❑ 4 Local of personnel
Description of negotiation process and fee evaluation:
VIII. AWARD INFORMATION
Date Submitted to Clerk for Agenda: August 4, 2016 Approval Date By:
Purchase Order No.: Date Issued: WH5 submitted
(Only for PW Construction Projects)
UTP Date:
Contract Request Checklist.5.24.2016. Fin a I
Aft
To: Jacy Holman, City Clerk,
From: Keith Watts, Purchasing Manager
CC: Emily Skoro
Date: 08/04/16
Re: August 9t" City Council Meeting Agenda Item
The Purchasing Department respectfully requests that the following item be placed on the
August 9th City Council Consent Agenda for Council's consideration.
Approval of Award of Bid and Agreement to Challenger Companies Inc. for the
WRRF PLC Upgrades 2016 project for a Not -To -Exceed amount of $89,737.00
Recommended Council Action: Award of Bid and Approval of Agreement to
CHALLENGER COMPANIES, INC. for the Not -To -Exceed amount of $89,737.00
Thank you for your consideration.
• Page 1
Mayor Tammy de Weerd
E IDIANt-�� city c®seed! Members'
Keith Bird
® I D A H O lee Borten
Lube Cavener
irublic Genesis Milam
Ty Palmer
Works D"'llepartment Anne Little Roberts
TO: Keith Watts
Purchasing Manager
FROM: Emily Skoro
Staff Engineer II
DATE: 08/2/2016
SUBJECT: CONSTRUCTION AGREEMENT FOR WRRF CONTROL ROOM,
DIGESTER PLC, AND POST AERATION UPGRADES PROJECT WITH
CHALLENGER COMPANIES, INC. FOR AN AMOUNT NOT TO
EXCEED $89,737.00.
I. DEPARTMENT CONTACT PERSONS
Emily Skoro, Staff Engineer II 489-0356
Clint Dolsby, Asst. City Engineer 489-0341
Warren Stewart, City Engineer 489-0350
Tom Barry, PW Director 489-0372
II. DESCRIPTION
A. Background
The City of Meridian uses programmable logic controllers (PLCs) to control the
Supervisory Controls and Data Acquisition (SCADA) system at the Wastewater
Resource Recovery Facility (WRRF). Many PLCs are outdated and no longer
allow for full integration into the SCADA system. Replacing the old PLCs with
new ones will enhance the current functionality of the SCADA system, allow for
automated maintenance procedures and reduce future upgrade time. This project
is next in the series of PLC upgrades to take place at the WRRF.
B. Proposed Project
Challenger will provide construction services to convert the existing PLC
hardware and software to the City's established PLC standard.
Page 1 of 2
IMPACT
A. Fiscal Impacts
The Plant PLC Replacements Enhancement budget is $000,000 for FY 16. This
project ixone oFmany PLC upgrades included iothe Enhancement.]he
construction bid amount for this project is not to cscond $89,737.00.
Project Costs:
,----------------------------- ---------------------------------------- ,__________.-----_.
�FiacolYsnz20l6
`-----------------^----------------'^-------------- ---
Control Room
-Cozdro]R000z $89J37.00 !
�
and Post Aeration PLC
!
Upgrades ConaCnzolnoo
Projec�------------!--------------
Total ---�-----------------'�
� � � $89�
�---------_-_----'+----------___--_'+
----------------------------------
.------------------^------------------ --------------- ^------------------------------------
! | Total -Project ! �
��������������������������l�roi�otCost
Remaining Funding Available:
--------------------------- ------
P�.
� o`/oar � /1000uo1�o�o/(�o�oa
� �
�__oa]__---_-______-____-_;___-____-__----__'�
�F}16 3590-44300 $12010600�
------------------------- ---------------------------------- -_________-_-'^--___�
� � To[al , $/7010600�
---------------------------------~-------------`^-----
13. Time Constraints
Construction project ' is
Project completion is planned for the �
.
Departmental
_'`,p --v-_.
Page 2 of 2
m
for the �quarter ofFYI 6.
III. IMPACT
A. Fiscal Impacts
The Plant PLC Replacements Enhancement budget is $800,000 for FY 16. This
project is one of many PLC upgrades included in the Enhancement. The
construction bid amount for this project is not to exceed $89,737.00.
Project Costs:
_.--
Fiscal Year 2016
Control Room, Digester, $89,737.00
and Post Aeration PLC
Upgrades Construction
Proj ect
----------- _ --------- --- - --
Total $89,737.00
Total Project Cost $89,737.00
------------
Remaining Funding Available:
Fiscal Year Account Code / Codes
- _----------- --------- '_. ---
_
FY16 3590-94300 $120,106.00
_. ___ -__._-------_ ,..------------------_. _
Total Fundmg ; _ $120,106.00 _:
B. Time Constraints
Construction project implementation is
Project completion is planned f`3r the 1�
Departmental Approval:
Page 2 of 2
for the 4th quarter of FY16.
of FYI 7.
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City Of Meridian
Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith - Unposted Transactions Included In
Report
3590 - WW Construction Projects
60 - Enterprise Fund
From 10/1/2015 Through 9/30/2016
Date: 8/4/16 10:41:16 AM Page: 1
Percent of
Budget with
Current Year
Budget
Budget
Amendments
Actual
Remaining
Remaining
Capital Outlay
94300
Capital - Electronics
0000
NON -DEPARTMENTAL
0.00
(458.49)
458.49
0.00%
10050.c
WRRF Centrate Equilization
16,770.00
16,769.91
0.09
0.00%
10521
WWTP PLC Replacements
239,307.02
27,910.25
211,396.77
88.349.
10521.a
WWTP Aeration PLC
50,086.39
50,086.39
0.00
0.00%
Replacements
10521.b
WWTP Plantwide PLC
0.00
77,770.80
(77,770.80)
0.00%
Replacements
10521.e
WRRF Centrate PLC
80,000.00
40,000.00
40,000.00
50.00%
Replacement
10596
WWTP PLC Replacements -
253,805.02
0.00
253,805.02
100.00°%
Digester 4 and 5
10596.a
WWTP PLC Replacements -
0.00
129,845.39
(129,845.39)
0.001-.
Digester 4 and 5 - Design
10596.b
WRRF PLC Replacements -
0.00
66,057.60
(66,057.60)
0.00%
Digester 4 and 5 -
Construction
10611
WRRF - Lift Station
15,000.00
13,373.02
1,626.98
10.85%
Control Software
Integration for Oaks, L
10622
PLC 2 Control Room and
93,541.62
93,541.62
0.00
0.00%
Digester PLC 3 Upgrades
10622.a
PLC 2 Control Room and
200,880.00
200,880.00
0.00
0.00%
Digester PLC 3 Upgrades -
Design
10622.b
WRRF PLC 2 Engineering
0.00
24,970.00
(24,970.00)
0.00%
Support Services
10648
PLC 4 Post Aeration
0.00
31,167.81
(31,167.81)
0.00%
10648.a
WRRF Post Aeration PLC4
202,720.00
202,720.00
0.00
0.0090
and Reuse PLC Upgrades -
Design
10679.a
Wastewater and Water Dept
0.00
26,350.00
(26,350.00)
0.00%
SCADA Application Merge
10692
PLC 3
0.00
3,020.60
(3,020.60)
0.00%
10692.a
PLC 3 - Engineering
26,626.06
39,204.55
(12,578.49)
(47.24)%
Support Services
10694.a
Clarifier 3 PLC -
1,838.95
17,258.95
(15,420.00)
(838.52)%
Engineering Support
Services
Total Capital Outlay
1,180,575.06
1,060,468.40
120,106.66
10.17%
TOTAL EXPENDITURES
1,180,575.06
1,060,468.40
120,106.66
10.17%
Date: 8/4/16 10:41:16 AM Page: 1
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
WRRF PLC UPGRADES 2016
PROJECT # 10696.13
THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 9t' day of
August, 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 83607 and whose Idaho Public Works Contractor License
# is C -12849 -AA -1-4
INTRODUCTION
Whereas, the City has a need for services involving PLC PANEL
INSTALLATION; 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,
WRRF PLC UPGRADES 2016 page 1 of 14
Project 10696.B
state and city laws, ordinances, regulations and resolutions. The Contractor
represents and warrants that it will perform its work in accordance with generally
accepted industry standards and practices for the profession or professions that
are used in performance of this Agreement and that are in effect at the time of
performance of this Agreement. Except for that representation and any
representations made or contained in any proposal submitted by the Contractor
and any reports or opinions prepared or issued as part of the work performed by
the Contractor under this Agreement, Contractor makes no other warranties, either
express or implied, as part of this Agreement.
1.4 Services and work provided by the Contractor at the City's request under this
Agreement will be performed in a timely manner in accordance with a Schedule of
Work, which the parties hereto shall agree to. The Schedule of Work may be
revised from time to time upon mutual written consent of the parties.
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 $89,737.00.
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.
WRRF PLC UPGRADES 2016 page 2 of 14
Project 10696.B
3.2 Should Contractor default in the performance of this Agreement or materially
breach any of its provisions, City, at City's option, may terminate this Agreement by
giving written notification to Contractor.
3.3 Should City fail to pay Contractor all or any part of the compensation set forth
in 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 no later than date listed in the
Payment Schedule below. 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 achieve Final Completion
by the date listed in the Payment Schedule below. 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.
WRRF PLC UPGRADES 2016 page 3 of 14
Project 10696.8
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
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 forwork
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.
WRRF PLC UPGRADES 2016 page 4 of 14
Project 10696.B
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 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
WRRF PLC UPGRADES 2016 page 5 of 14
Project 10696.6
or the City's elected officers, officials, employees and volunteers shall be excess of
the Contractor's insurance and shall not contribute with Contractor's insurance
except as to the extent of City's negligence.
9.5 The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
9.6 All insurance coverages for subcontractors shall be subject to all of the
insurance and indemnity requirements stated herein.
9.7 The limits of insurance described herein shall not limit the liability of the
Contractor and Contractor's agents, representatives, employees 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
WRRF PLC UPGRADES 2016 page 6 of 14
Project 10696.8
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.
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.o[g/environmental.asDx?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. ACHD:
Contractor shall be responsible for coordinating with the City to obtain appropriate
ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs
due to Contractor's violation of any ACHD policy. City shall certify to ACHD that
Contractor is authorized to obtain a Temporary Highway and Right -of -Way Use
Permit from ACHD on City's behalf. The parties acknowledge and agree that the
scope of the agency granted by such certification is limited to, and conterminous
with, the term and scope of this Agreement.
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
WRRF PLC UPGRADES 2016 page 7 of 14
Project 10696.8
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
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:
WRRF PLC UPGRADES 2016 page 8 of 14
Project 10696.6
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
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
WRRF PLC UPGRADES 2016 page 9 of 14
Project 10696.B
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
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: Joe Gastelecutto
33 E Broadway Ave 1415 Madison Ave
Meridian, ID 83642 Nampa, ID 83687
208-489-0417 Phone: (208) 461-0608
Email: joe@challengercompanies.com
Idaho Public Works License # 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.
WRRF PLC UPGRADES 2016 page 10 of 14
Project 10696.B
34. Approval Required:
This Agreement shall not become effective or binding until approved by the City of
Meridian.
CITY OF MERID Challenger Companies, Inc.
BY: '
BY: �—
TAMMY de RD, MAYOR 4 --song tu)t x a'4J i
Dated:26
�/9Dated: q1
Approved by Council A"""l
.t F
AtteS : Q� �
CITY CL. RK (1V of w
�" bVi IDIS IAN -
�to }lfJ `rt2 Q� 1�0AHO� J
1 I4 t
Purchasing Approval SEAL D rt a 't Appr a
BY:�yrF'Qotthe TIiEp`SJ�Y; - ---_
KEIT ATTS, urc asing Manager W RREN STEWA , Engineering Manager
Dated::,' Dated:: z6b&
Project Manager
Emily Skoro
WRRF PLC UPGRADES 2016 page 11 of 14
Project 10696.8
REFER TO INVITATION TO BID PW -1647-10696.B
ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the
Invitation to Bid Package # PW -1647-10696.B, are by this reference
made a part hereof.
SPECIFICATIONS / SCOPE OF WORK
All construction work shall be done in accordance with the current version
of the Idaho Standards for Public Works Construction (ISPWC), the 2013
City of Meridian Supplemental Specifications to the ISPWC (and any
Addendums).
See separate attached documents:
• Plans — 90 PERCENT STAMPED DRAWINGS by CH2M
HILL dated July 2016
(42 pages)
• 90 PERCENT DESIGN SPECIFICATIONS — PLC 2, PLC 3,
PLC 4 UPGRADE by CH2M HILL dated July 2016 (66 pages)
Supplemental Preliminary Work Sequence
WRRF PLC UPGRADES 2016 page 12 of 14
Project 10696.B
Exhibit B
MILESTONE / PAYMENT SCHEDULE
A. Total and complete compensation for this Agreement shall not exceed
$89,737.00
WRRF PLC UPGRADES 2016 page 13 of 14
Project 10696.8
WRRF PLC UPGRADES 2016 page 14 of 14
Project 10696.8
SINFOPLGOOP1 Inflyent Aiea PLC:
4.a
Materials
1
LS
$15,547.00
4.b
Labor
1
LS
$5,613.00
Post Aei atioriRanel PLC4
5.a
Materials
1
LS
$4,387.00
5.b
Labor
1
LS
$5,613.00
Operations Building Papei PLC2
6.a
Materials
1
LS
$4,887.00
6.b
Labor
1
LS
$5,613.00
WRRF PLC UPGRADES 2016 page 14 of 14
Project 10696.8
Exhibit C
Clarification regarding Sales and Use Tax.
-90 PERCENT STAMPED DRAWINGS by CH2M HILL dated July 2016 (42
pages) did not include a total amount for any owner supplied materials in
which the contractor would be responsible for paying Use Tax to the State
of Idaho. Since this was not available at time of bid any additional costs
Challenger might incur to cover Use Tax for owner supplied materials will
result in a change order to the original contract to cover Use Tax.
Ali Document A312TM .2010
Performance Bond
CONTRACTOR:
(Name, legal status and address)
Challenger Companies, Inc
1415 Madison Ave
Nampa,, Idaho 83687
OWNER:
)Vame, legal status and address)
City of Meridian
33 E Broadway Ave
Meridian, Idaho 83642
CONSTRUCTION CONTRACT
Date: August 3, 2016
Amount: $89,737.00
SURETY:
(Name, legal status and principal place
of business)
The Ohio Casualty Insurance Company
62 Maple Ave
Keene, NM 03431
Description:
(Name and location) Project No, 10696.8
WRRF PLC Upgrades, 2016
BOND
Date: August 3, 2016
(Not earlier than Construction Contract Date)
Amount $89,737.00
I4cdifi1cations to this Bond: ® None ❑ See Section 16
CONTRACTOR AS PRINCIPAL
SURETY
Company: (Corporate Seal)
Company: (Corporate Seal)
Challenger Companies, Inc
The Ohio Casualty Insurance Company
Signature;.-�-� ,, rr ""'
s
Signature?Jet
Names O,� p 4T
andTitlo:'�t�y,Fi1T
Name oltha s, ttorney-In-Fact
and Title:
(Any additional signatures appear on the last page of thance 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
Intt AIA POcurasnt A31210— 2010. Tho American Institute of Architects.
Bond No. 023-034-010
This document has Important legal
consequences. Consultation with
an attorney Is encouraged with
respect to its completion or
modifloabon,
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 fort.
This is not a single combined
Performance and Payment Bond,
0611,0
E
§ 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.
Intt AIA Document A212^1 — 2010. The American Institute of Architech.
§ 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-performancc 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.
§ 0 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 furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§ 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.
Inn. AIA Document A312Tr — 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: Signature:
Name and Title: Name and Title:
Address 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.
Inst AIA Document AMT" — 2010. The American institute of Architects.
#AIA TM
Document A312 .2010
Payment Bond
Bond No. 023-034-010
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal place
Challenger Companies, Inc of business)
The Ohio Casualty Insurance Company
1415 Madison Ave Maple Ave
This document has important legal
e
Ke
Nampa, Idaho 83687 Keene, NH 03431
consequences. Consultation with
OWNER:
an attorney Is encouraged with
(Name, legal status and address)
respect to its completion or
modification.
City of Meridian
33 E Broadway Ave
Any singular reference to
Meridian, Idaho 83642
Contractor, Surety, Owner or
other party shall be considered
CONSTRUCTION CONTRACT
plural where applicable.
Date: August 3, 2016
AIA Document A312-2010
combines two separate bonds, a
Amount: $89,737.00
Performance Bond and a
Payment Bond, Into one form.
Description:
This is not a single combined
(Name and location) Project No. 10696. B
Performance and Payment Bond.
WRRF PLC Upgrades, 2016
BOND
Date: August 3, 2016
(Not earlier than Construction Contract Date)
Amount: $89,737.00
Modifications to this Bond: ® None 13 See Section 18
CONTRACTOR AS PRINCIPAL SURETY
Company; (Corporate Seal) Company: (Corporate Seal)
Ch211enger Companies, Inc The Ohio Casualty Insurance Company
Sign Signature:
Name so^/ bv"ez*l- Name J et K Holtha s, Attorney -In -Fact
and Title: r�'r ¢S oOfA) and Title:
(Any additional signatures appear on the last page of this Payment Bond)
(FOR INFORMATION ONLY— Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Allied Bonding (Architect, Engineer or otherparty:)
5605 Overland Rd,
Boise, ID 83705
Phone (208) 345-4177
Fax (208)384-1677
Init AIA Document A3121" - 2010. The American institute of AmMects. - 061110
6
§ i 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 theContractor 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 famished 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 notice of non-payment required by Section 5. 1.1 is given by the Owner to the Contractor, that insufficient to
satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5, I.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 Tho 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.
Intl AIA Document A312TM - 2010. The American Inatffute of Architects.
§ 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 furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§ 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and
Owner shall promptly famish a copy of this Bond or shall permit a copy to be made.
§ 16 Definitions
§ 16.1 Claim. A written statement by the Claimant including at a minimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done, or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was
furnished for use in the performance of the Construction Contract;
.4 a brief description of the labor, materials or equipment furnished;
.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in
the performance of the Construction Contract;
.6 the total amount earned by the Claimant for labor, materials or equipment famished as of the date of
the Claim;
.7 the total amount of previous payments received by the Claimant; and
.8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the
date of the Claim.
§ 16.2 Claimant An individual or entity having a direct contract with the Contractor or with a subcontractor of the
Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term
Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien
or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to
include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, 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,
Init. AIA Oooument A312n — 2010. Tha American InstItuts of ArchHacts.
§ 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 tern Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
§ 16 Modifications to this bond areas 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: Signature:
Name and Title: Name and Title:
Address 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.
Intl AIA Docummd A31219 - 2010. The Ammim inatlhile at Amhlb ctk
8
t
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney Iffnits 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. 7303943
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: That American 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.iHolthaus; Karyl 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
r�,t, c-as6 ��Y est, suq n,u,r Arnerican Fire and Casualty Company
The Ohio Casualty Insurance Company
Liberty Mutual Insurance Company
K 1906 p O 1919 n > 1912 ° 1991 3
7stmerican Insurance Company
aBy:,nv w�
^ leo STATE OF PENNSYLVANIA ss David M. Care , Assistant Secretary
ro COUNTY OF MONTGOMERY
dOn 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
v a) 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,
p execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
ns
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.
gyp, PAS?r
COMMONWEALTH OF PENNSYLVANIA
Notarial seal
Teresa Pastelia, Notary Public By
M0) of Plymouth Twp., Montgomery County Teresa Pastella, Notary Public
O a� My. Commission Expires March 28,201
` QY 1"�, Member, PennsyWn(a Association of Notaries
1
cN
o This Power ofAttorney is made and executed pursuant to an by authority of the following By-laws and Authorizations ofAmerican fire and Casualty Company, The Ohio Casualty Insurance
Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
Mm 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
t to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal,
o acknowledge and deliver as surely 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
p 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
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 C ARTICLE 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,
> E? 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,
b v 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
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
executed such instruments shall be as binding as if signed by the president and attested by the secretary.
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 4 though manually affixed.
1, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty 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 t'f t l 204--
(-4s&
0 tAsh, h��f IYVSOI�175U,y� Shysugt I,
Y '
1406 0 0 1919 n `- 1912 1541 By.
Gregory W. Davenport, Assistant Secretary
18 of 100
LMS_12873_122013
Ali Document A312TM .2010
Performance Bond
CONTRACTOR:
(Name, legal status and address)
Challenger Companies, Inc
1415 Madison Ave
Nampa,, Idaho 83687
OWNER:
)Vame, legal status and address)
City of Meridian
33 E Broadway Ave
Meridian, Idaho 83642
CONSTRUCTION CONTRACT
Date: August 3, 2016
Amount: $89,737.00
SURETY:
(Name, legal status and principal place
of business)
The Ohio Casualty Insurance Company
62 Maple Ave
Keene, NM 03431
Description:
(Name and location) Project No, 10696.8
WRRF PLC Upgrades, 2016
BOND
Date: August 3, 2016
(Not earlier than Construction Contract Date)
Amount $89,737.00
I4cdifi1cations to this Bond: ® None ❑ See Section 16
CONTRACTOR AS PRINCIPAL
SURETY
Company: (Corporate Seal)
Company: (Corporate Seal)
Challenger Companies, Inc
The Ohio Casualty Insurance Company
Signature;.-�-� ,, rr ""'
s
Signature?Jet
Names O,� p 4T
andTitlo:'�t�y,Fi1T
Name oltha s, ttorney-In-Fact
and Title:
(Any additional signatures appear on the last page of thance 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
Intt AIA POcurasnt A31210— 2010. Tho American Institute of Architects.
Bond No. 023-034-010
This document has Important legal
consequences. Consultation with
an attorney Is encouraged with
respect to its completion or
modifloabon,
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 fort.
This is not a single combined
Performance and Payment Bond,
0611,0
E
§ 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.
Intt AIA Document A212^1 — 2010. The American Institute of Architech.
§ 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-performancc 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.
§ 0 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 furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§ 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.
Inn. AIA Document A312Tr — 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: Signature:
Name and Title: Name and Title:
Address 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.
Inst AIA Document AMT" — 2010. The American institute of Architects.
#AIA TM
Document A312 .2010
Payment Bond
Bond No. 023-034-010
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal place
Challenger Companies, Inc of business)
The Ohio Casualty Insurance Company
1415 Madison Ave Maple Ave
This document has important legal
e
Ke
Nampa, Idaho 83687 Keene, NH 03431
consequences. Consultation with
OWNER:
an attorney Is encouraged with
(Name, legal status and address)
respect to its completion or
modification.
City of Meridian
33 E Broadway Ave
Any singular reference to
Meridian, Idaho 83642
Contractor, Surety, Owner or
other party shall be considered
CONSTRUCTION CONTRACT
plural where applicable.
Date: August 3, 2016
AIA Document A312-2010
combines two separate bonds, a
Amount: $89,737.00
Performance Bond and a
Payment Bond, Into one form.
Description:
This is not a single combined
(Name and location) Project No. 10696. B
Performance and Payment Bond.
WRRF PLC Upgrades, 2016
BOND
Date: August 3, 2016
(Not earlier than Construction Contract Date)
Amount: $89,737.00
Modifications to this Bond: ® None 13 See Section 18
CONTRACTOR AS PRINCIPAL SURETY
Company; (Corporate Seal) Company: (Corporate Seal)
Ch211enger Companies, Inc The Ohio Casualty Insurance Company
Sign Signature:
Name so^/ bv"ez*l- Name J et K Holtha s, Attorney -In -Fact
and Title: r�'r ¢S oOfA) and Title:
(Any additional signatures appear on the last page of this Payment Bond)
(FOR INFORMATION ONLY— Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Allied Bonding (Architect, Engineer or otherparty:)
5605 Overland Rd,
Boise, ID 83705
Phone (208) 345-4177
Fax (208)384-1677
Init AIA Document A3121" - 2010. The American institute of AmMects. - 061110
6
§ i 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 theContractor 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 famished 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 notice of non-payment required by Section 5. 1.1 is given by the Owner to the Contractor, that insufficient to
satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5, I.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 Tho 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.
Intl AIA Document A312TM - 2010. The American Inatffute of Architects.
§ 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 furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§ 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and
Owner shall promptly famish a copy of this Bond or shall permit a copy to be made.
§ 16 Definitions
§ 16.1 Claim. A written statement by the Claimant including at a minimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done, or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was
furnished for use in the performance of the Construction Contract;
.4 a brief description of the labor, materials or equipment furnished;
.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in
the performance of the Construction Contract;
.6 the total amount earned by the Claimant for labor, materials or equipment famished as of the date of
the Claim;
.7 the total amount of previous payments received by the Claimant; and
.8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the
date of the Claim.
§ 16.2 Claimant An individual or entity having a direct contract with the Contractor or with a subcontractor of the
Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term
Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien
or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to
include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, 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,
Init. AIA Oooument A312n — 2010. Tha American InstItuts of ArchHacts.
§ 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 tern Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
§ 16 Modifications to this bond areas 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: Signature:
Name and Title: Name and Title:
Address 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.
Intl AIA Docummd A31219 - 2010. The Ammim inatlhile at Amhlb ctk
8
t
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney Iffnits 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. 7303943
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: That American 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.iHolthaus; Karyl 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
r�,t, c-as6 ��Y est, suq n,u,r Arnerican Fire and Casualty Company
The Ohio Casualty Insurance Company
Liberty Mutual Insurance Company
K 1906 p O 1919 n > 1912 ° 1991 3
7stmerican Insurance Company
aBy:,nv w�
^ leo STATE OF PENNSYLVANIA ss David M. Care , Assistant Secretary
ro COUNTY OF MONTGOMERY
dOn 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
v a) 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,
p execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
ns
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.
gyp, PAS?r
COMMONWEALTH OF PENNSYLVANIA
Notarial seal
Teresa Pastelia, Notary Public By
M0) of Plymouth Twp., Montgomery County Teresa Pastella, Notary Public
O a� My. Commission Expires March 28,201
` QY 1"�, Member, PennsyWn(a Association of Notaries
1
cN
o This Power ofAttorney is made and executed pursuant to an by authority of the following By-laws and Authorizations ofAmerican fire and Casualty Company, The Ohio Casualty Insurance
Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
Mm 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
t to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal,
o acknowledge and deliver as surely 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
p 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
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 C ARTICLE 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,
> E? 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,
b v 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
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
executed such instruments shall be as binding as if signed by the president and attested by the secretary.
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 4 though manually affixed.
1, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty 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 t'f t l 204--
(-4s&
0 tAsh, h��f IYVSOI�175U,y� Shysugt I,
Y '
1406 0 0 1919 n `- 1912 1541 By.
Gregory W. Davenport, Assistant Secretary
18 of 100
LMS_12873_122013
Fax: (208)887-4813
i 1
ACCORD CERTIFICATE OF LIABILITY INSURANCE
DATE (MMMD/YYYY)
08/03/2016
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 pollcy(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
Boise;Capital Insurance
1556 S Timesquare Ln Ste 200
9
CONTACT DaWna M@Ge@
PHONE� MAIL davma@boisecapltalins.COm FAX
�NAAtME;.
EXq• ( ) tAIC,No): (208)321-9400
ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIL# _-
Boise, ID 83709
INSURERA: Auto -Owners Insurance Com an _18988
-- - - -- -- —_
INSURED
INSURER B: Liberty Mutual./ In UranGe 1969 -_-_
INSURER C
Challenger Companies, Inc.
INSURERD:
1415 Madison Ave
INSURER S^
Nampa, ID 83687
_
INSURER F:
rnvGDAP__Gc rFRTIFICATF NI IMRFR• Onnnnnnn.9sgR5nR HI-VI51ON N(IMKFH! 114
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 MAYBE 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,
ILT R
LTR
- TYPE OF INSURANCE
N DL,,S Df
POLICY NUMBER
MM/DDY/YYYyXP MMS
I LIMITS
A
�( COMMERCIALGENERALLIABILITY
Y
57008484
01/15/2016 01/15/2017
EACHOCCURRENCE S 11000,000
DAF44-C T RENTED --._
PREMISES(E�p occurrence) 1$ 3001000
CLAIMS-MADE I A I OCCUR
I
MED EXP (Any one person) $ -.-- -- 10,000. _
PERSONAL & ADV INJURY $ 1,000,000
_
GEN'L AGGREGATE LIMIT APPLIES PER,%
GENERAL AGGREGATE S 2,9-00,000
PRODUCTS - COMP/OP AGG $ 2,000,000
--
POLICYn jE� El LOC
OTHER:
',
.,
$
A
AUTOMOBILE LIABILITY
4751471700
((01/1512016 01M/2017
EOa sdddeDj INGLE LIMIT $ 10000.0,0-„
ANY AUTO
I
BODILY INJURY (Per person) S
OWNED ISCHEDULED
AUTOS ONLY :. AUTOS
BODILY INJURY (Per acddent) $�
PROPERTY DAMAGE ( S
I (Per act donU
HIRED 1 NON -OWNED
AUTOS ONLY X 1 AUTOS ONLY
Ix
$
A
X
UMBRELLALIAB
}(
OCCUR
4751471701
01/15/2016 + 01/15/2017
EACHOCCURRENCE $ 4,000 000
-- --
AGGREGATE $ 4,000 000
EXCESS LAB.:
CLAIMS -MADE
DEO I X I RiETENrION$ 1O 000
$
B
WORKERS COMPENSATION
WC41 NC -016559-016
01/01/2016 ! 01/0112017
{
X ;-STATUTE. ER
AND EMPLOYERS' ABILIITY
ANY PROPRIETORIPARTNER/EXECUTIVE YIN N
_
E.L. EACH ACCIDENT $ 1,000 0_00
FFIE.L.
(Mandatory In NH) FJ(CLUDED9
N / A
DISEASE- EA EMPLOYEE S 1.,000,000
--- _ _. -
E.L. DISEASE -POLICY LIMIT $ 1,000,000
If yes describe under
DERRIPTION OF OPERATIONS Wow
I
B
Installation Floater
BMO 55378168
01/15/2016 01/15/2017
Limit 250,000
DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES (ACORD'101, Additional Remarks Schedule, may be attached ifmore space Is requlred)
City of Meridian is listed as an Additional Insured. Coverage is primary and non-contributory.
Project: #10696.B WRRF PLC Upgrades 2016
rCDTICIr AYC uni ncD rAIUrPI I ATIrlh1
V lUtW-21.11b AGUKU UUKPUKAI IUN, Ali rlgnts reserves,
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
Printed by REM on August 03, 2016 at 0329PM
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Meridian
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Purchasing Department
ACCORDANCE WITH THE POLICY PROVISIONS.
33 E Broadway Ave Ste 106
AUTHORIZED REPRESENTATIVE
Meridian, ID 83642
i
DEM
V lUtW-21.11b AGUKU UUKPUKAI IUN, Ali rlgnts reserves,
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
Printed by REM on August 03, 2016 at 0329PM
PublicWorks Search
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ComnanX
Nance
License Work
Number Category
License License Applin cant Owner Company Comp
Status
Type Class Name Name Address CUt
om an Company Expiration pent
Phone License
State ZinCode Date Number
00001,
02310,
05090,
06200,
Challenger
Companies,
07700,
PWC -C_ 13800,
12879
Challenger
1,4 AA ACTIVE Companies, 1415 NAMPA
Madison Ave
(208)
ID 83686 461- 3/31/2017
Inc.
15100,
Inc.
0608
15400,
15510,
15700,
16000
https://web.dbs.idaho.gov/eTRAKiT3/Custom/ldaho PublicWorksPrint.aspx 8/3/2016
iDSOS Viewing Business Entity
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IDAHO SECRETARY OF STATE
Viewing Business Entity
Lawerence Denney, Secretary of State
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[ Get a certificate of existence for gHALLENGER COMPANIES, INC. ]
[ Monitor CHALLENGER COMPANIES, INC. business filingsCHALLENGER ]
COMPANIES,
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: 20 Jul 2016
Annual Report Due: Aug 2017
OriginalFiling:
[ Help Me Print/View TIFF ]
Filed 12 Aug 1997 INCORPORATION View Image (PDF format)
View Image (TIFF format)
Amendments:
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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.
AnnualReports:
[ Help Me Print/View TIFF ]
Report for year 2016 ANNUAL REPORT View Document Online
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
https://www.accessidaho.org/public/sos/corp/Cl205lO.html 8/3/2016