HomeMy WebLinkAboutChallenger Companies WCV #26 adn 28 SCADA Construction Project (� E N
MEMO TO CITY COUNCIL
Request to Include Topic on the City Council Agenda
From: Sandra Ramirez, Procurement Div. Meeting Date: March 4, 2025
Presenter: N/A Estimated Time: 0.00
Topic: Approval of Construction Contract to Challenger Companies for the WCV#26 &28
SCADA project for the Not-to-Exceed amount of$294,000.00.
Recommended Council Action:
Approve construction contract to Challenger Companies for the Not-to-Exceed amount of
$294,000.00 and authorize the Procurement Manager to execute the contract and issue the
Purchase Order for the Not-to-Exceed amount of$294,000.00.
Background:
Challenger Companies was the only bid submission received for the solicitation.
CITY OF MERIDIAN Purchase Requisition
�E IDI� IAN,- Purchasing Department DATE OF
33 E BROADWAY AVE,STE 106 CITY OF MERIDIAN REQUEST 1/14/2025
MERIDIAN,ID 83642 Dept Name PURCHASE ORDER NUMBER MUST APPEAR ON ALL INVOICES,PACKING
TEL:(208)489-0417 SLIPS,CARTONS AND CORRESPONDENCE RELATED TO THIS ORDER
FAX:(208)887-4813 AVAILABLE BUDGET AMOUNT
$231,010.00
_ IS BUDGET AMENDMENT REQUIRED?
SUGGESTED
VENDOR TBD No
CITY SUPPORT TICKET NO.
PROJECT MANAGER PAYMENTTERMS FREIGHTTERMS F.O.B. REQUESTOR
Brent Blake NET 30 PREPAID DESTINATION I PW/Engineering
PROJECT NAME: WCV#26&WCV#28 SCADA
DESCRIPTIONDescription of Purchase
PART NUMBER I • • ORPROJECT/
COMMIT7
• . M TOTALAMOUNT
TASK ORDER/CONTRACT/PROJECT DESCRIPTION CODE GLACCOUNT# ENT4
Construction Contract 1 LS TBD 62 3490 94300 11365.c TBD
$
$
$
$
$
NOTES: Council Approval Date: March 4,2025
$0.00
[1T1.MIE.IDEIARTIMENT SIGNATURE
How to fill out the Purchase Requisition.
Fill in the SHIP TO DEPARTMENT NAME.
This is the name of the requesting department and where the product will be shipped
If the Ship To location is somewhere other than the department location,please enter that address in the lines below the department name and highlight it.
Fill in the DATE OF REQUEST located in the box on the right hand side of the form.
Fill in the amount of budget available for this commitment.
Is a budget amendment required to fund this request? Answer YES or NO.
Enterthe name of the SUGGESTED VENDOR.
Please check with FINANCE to verify that the City of Meridian has the vendor set up as an account.
If the vendor is not set up,request that a W-9 form be submitted to FINANCE before placing the order.
If PURCHASING receives this Purchase Requisition and the vendor is not set up,an order processing delay occurs
If vendor will be determined by procurement process,enter"TBD"
CITY SUPPORT(JITBIT)TICKET NO is entered by purchasing staff.
Enter the PROJECT NAME,TASK ORDER NAME AND NUMBER and/or PROJECT/COMMITMENT NUMBER
Enter the name of the PROJECT MANAGER and REQUESTOR.
Under"PART NUMBER/DESCRIPTION/COMMITMENT NAME /TASK ORDER/CONTRACT/PROJECT DESCRIPTION
Enter the COMMITMENT NAME,TASK ORDER or PROJECT DESCRIPTION,Part Number or Description of Item being purchased
If you have more than one item,enter each on a separate line.
Enter the QUANTITY for each line item.
Enter the UNIT and UNIT PRICE for each line item. (Task orders and contracts should be listed as QTY 1 and UNIT EA. Unit price and total will be equal.)
ACCOUNTING CODES
Enter the FUND that you want the expense to impact
1) The FUND number will be either:
(a) 01,07,08,20,55,or 60 depending on what FUND the budget is in
Enter the DEPARTMENT CODE you want the expense to impact
1) The DEPARTMENT CODE is a 4 digit number that corresponds to your department
Enter the GL ACCOUNT NUMBER(Expense Account)for each item.
1) The GL ACCOUNT NUMBER(Expense Account)is the 5 digit number where the budgets are located
Enter the PROJECT CODE/COMMITMENT#you want the expense to impact
1) The PROJECT CODE/COMMITMENT is an alpha numeric code that identifies a specific project or commitment to charge all expenses to
INFORMATION ONLY
The FUND,DEPARTMENT CODE,GLACCOUNT NUMBER,AND PROJECT CODE make up the accounting code for your request.
The accounting code will hold the budget dollars and actual expenses for your PO request.
Accuracy is important as the resulting PO encumbers this accounting code(budget line item).
Not all requests will have a project number. Call Purchasing if you are unsure.
This form will automatically total your request.
In the NOTES field add any information that you feel is significant.
AUTHORIZED DEPARTMENT SIGNATURE
Each department has a list of employees and amounts that they are authorized to sign for.
Please make sure that the authorized department personnel signs the form.
The completed and signed form must be submitted to Purchasing,along with the required support documents via a CITY SUPPORT(JITBIT)ticket.
PRINT AND SUBMIT ONLY PAGE 1(NOT THESE INSTRUCTIONS)
How to fill out the Purchase Requisition.
Fill in the SHIP TO DEPARTMENT NAME.
This is the name of the requesting department and where the product will be shipped
If the Ship To location is somewhere other than the department location,please enter that address
Fill in the DATE OF REQUEST located in the box on the right hand side of the form.
Fill in the amount of budget available for this commitment.
Is a budget amendment required to fund this request? Answer YES or NO.
Enter the name of the SUGGESTED VENDOR.
Please check with FINANCE to verify that the City of Meridian has the vendor set up as an account.
If the vendor is not set up,request that a W-9 form be submitted to FINANCE before placing the orc
If PURCHASING receives this Purchase Requisition and the vendor is not set up,an order processing
If vendor will be determined by procurement process,enter"TBD"
CITY SUPPORT(JITBIT)TICKET NO is entered by purchasing staff.
Enter the PROJECT NAME,TASK ORDER NAME AND NUMBER and/or PROJECT/COMMITMENT NUMBER
Enter the name of the PROJECT MANAGER and REQUESTOR.
Under"PART NUMBER/DESCRIPTION/COMMITMENT NAME /TASK ORDER/CONTRACT/PROJECT DESCRIPTI
Enter the COMMITMENT NAME,TASK ORDER or PROJECT DESCRIPTION, Part Number or Descriptic
If you have more than one item,enter each on a separate line.
Enter the QUANTITY for each line item.
Enter the UNIT and UNIT PRICE for each line item. (Task orders and contracts should be listed as CITY 1 and UN
ACCOUNTING CODES
Enter the FUND that you want the expense to impact
1) The FUND number will be either:
(a) 01,07,08,20,55,or 60 depending on what FUND the budget is in
Enter the DEPARTMENT CODE you want the expense to impact
1) The DEPARTMENT CODE is a 4 digit number that corresponds to your department
Enter the GL ACCOUNT NUMBER (Expense Account)for each item.
1) The GL ACCOUNT NUMBER(Expense Account) is the 5 digit number where the budgets are local
Enter the PROJECT CODE/COMMITMENT#you want the expense to impact
1) The PROJECT CODE/COMMITMENT is an alpha numeric code that identifies a specific project or
INFORMATION ONLY
The FUND, DEPARTMENT CODE,GL ACCOUNT NUMBER,AND PROJECT CODE make up the accounting code for y
The accounting code will hold the budget dollars and actual expenses for your PO request.
Accuracy is important as the resulting PO encumbers this accounting code(budget line item).
Not all requests will have a project number. Call Purchasing if you are unsure.
This form will automatically total your request.
In the NOTES field add any information that you feel is significant.
AUTHORIZED DEPARTMENT SIGNATURE You may remove the highlight in the signature boxes. It makes
Each department has a list of employees and amounts that they are authorized to sign for.
Please make sure that the authorized department personnel signs the form.
The completed and signed form must be submitted to Purchasing,along with the required support documents v
PRINT AND SUBMIT ONLY PAGE 1(NOT THESE INSTRUCTIONS)
in the lines below the department name and highlight it.
Jer.
delay occurs
ON
)n of Item being purchased
IT EA. Unit price and total will be equal.)
Led
commitment to charge all expenses to
our request.
it easier to write in the area.
,ia a CITY SUPPORT(JITBIT)ticket.
CONTRACT CHECKLIST
I. PROJECT INFORMATION
Date: 2/18/2025 REQUESTING DEPARTMENT Public Works
Project Name: WCV#26 SCADA
Project Manager: Brent Blake Contract Amount: $294,000
Contractor/Consultant/Design Engineer: Civil Survey/Challenger Companies
Is this a change order? Yes ❑ No ❑✓ Change Order No. N/A
II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type
Fund: 62 Budget Available(Purchasing attach report):
Department 3490 Yes ❑ No ❑ Construction ❑�
GL Account 94300 FY Budget: 2025 Task Order ❑
Project Number: 11365.c Enhancement: Yes 0 No ❑ Professional Service ❑
Equipment ❑
Will the project cross fiscal years? Yes❑ No Grant ❑
IV. PROCUREMENT USE ONLY-GRANT INFORMATION (to be completed only on Grant funded projects)
Grant#: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status(Federal Funded)
N/A
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 N/A
(Bid Results Attached) Yes ❑✓ No ❑ (Ratings Attached) Yes ❑No Date MSA Roster Approved:
Typical Award Yes ❑ No ❑
If no please state circumstances and conclusion: Only received one bid submission
Date Award Posted: 2/13/2025 7 day protest period ends: N/A-no other bidders
VI. PROCUREMENT USE ONLY-CONTRACTOR/CONSULTANT REQUIRED INFORMATION
PW License 12879 Expiration Date: 3/31/2025 Corporation Status Active
Insurance Certificates Received(Date): 2/17/2025 Expiration Date: 1/1/2026 Rating: A+
Payment and Performance Bonds Received(Date): Rating:
Builders Risk Ins.Req'd: Yes ❑ No ❑ If yes,has policy been purchased? N/A
(Only applicabale for projects above$1,000,000)
VII. TASK ORDER SELECTION (Project Manager to Complete)
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:
nter bulpervisor Name Date Appr
Vill. PROCUREMENT USE ONLY- AWARD INFORMATION
Date Submitted to Clerk for Agenda: February 18,2025 Approval Date 3-4-2025 By: City Council
Purchase Order No.: Date Issued: WH5 submitted
(Only for PW Construction Projects)
NTP Date:
Contract Request Checklist.5.24.2016.Final
WCV #26 & WCV #28 SCADA (BT-78EV)
Legend
The green cells with bolded numbers indicate that this bid was the lowest price.
The orange cells indicate that this item from that vendor was selected.
The green cells with orange outline indicate that this item from that vendor was sele
has the lowest price.
$ 123
acted, and
E IDIAN�---
ID
BID NUMBER: PW-2515-11365.c
BID NAME: WCV #26 & WCV #28 SCADA
# Items Selected Lowest Quantity
No Basket(1,9�fm
#0-1 1001.4.1.A.1.a. - WCV#26 SEDIMENT CONTROL $4,000.0 $4,000.0 1
#0-2 1001.4.1.A.1.b. - WCV#28 SEDIMENT CONTROL $4,000.0 $4,000.0 1
#0-3 1006.4.1.C.1.a. - WCV#26 INLET PROTECTION $ 8,000.0 $ 8,000.0 4
#0-4 1006.4.1.C.1.b. - WCV#28 INLET PROTECTION $ 10,000.0 $ 10,000.0 5
#0-5 2010.4.1.A.1.a. - WCV#26 MOBILIZATION $ 22,000.0 $ 22,000.0 1
#0-6 2010.4.1.A.1.b. - WCV#28 MOBILIZATION $ 24,000.0 $ 24,000.0 1
#0-7 SP-1a. -WCV#26 ELECTRICAL CONDUIT& WIRE $ 65,000.0 $ 65,000.0 1
#0-8 SP-1bZ/CV#28 ELECTRICAL CONDUIT& WIRE $ 59,000.0 $ 59,000.0 1
#0-9 SP-2a -WCV#26 CONTROL PANEL $49,000.0 $49,000.0 1
#0-10 SP-2b-WCV#28 CONTROL PANEL $49,000.0 $49,000.0 1
BID RESULTS
Due Date & Time: January 23, 2025 2:30 PM MST
Challenger Companies, Inc.
Total Cost $294,000.0
Selected# 10
Selected ($) $294,000.0
Unit Unit®rice TotallEost
LS $4,000.0 $4,000.0
LS $4,000.0 $4,000.0
EA $ 2,000.0 $8,000.0
EA $ 2,000.0 $ 10,000.0
LS $ 22,000.0 $ 22,000.0
LS $ 24,000.0 $ 24,000.0
LS $ 65,000.0 $ 65,000.0
LS $ 59,000.0 $ 59,000.0
LS $49,000.0 $49,000.0
LS $49,000.0 $49,000.0
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
WCV #26 & WCV #28 SCADA
PROJECT # 11365.c
THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this of
February 2025, and entered into by and between the City of Meridian, a municipalcorporation
organized under the laws of the State of Idaho, hereinafter referred to as "City", 33 East
Broadway Avenue, Meridian, Idaho 83642, Challenger Companies, Inc. hereinafter referred to
as "Contractor", whose business address is 1415 Madison Ave. Nampa, ID 83687 and whose
Public Works Contractor License # is C- PW License Number 12879.
INTRODUCTION
Whereas, the City has a need for services involving SCADA Upgrades; and
WHEREAS, the Contractor is specially trained, experienced and competent
to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
1. Scope of Work:
1.1 Contractor shall perform and furnish to the City upon execution of this
Contract and receipt of the City's written notice to proceed, all services and work,
and comply in all respects, as specified in the document titled "Scope of Work" a
copy of which is attached hereto as Exhibit "A" and incorporated herein by this
reference, together with any amendments that may be agreed to in writing by the
parties.
1.2 All documents, drawings and written work product prepared or produced by
the Contractor under this Agreement, including without limitation electronic data
files, are the property of the Contractor; provided, however, the City shall have the
right to reproduce, publish and use all such work, or any part thereof, in any
manner and for any purposes whatsoever and to authorize others to do so. If any
such work is copyrightable, the Contractor may copyright the same, except that, as
to any work which is copyrighted by the Contractor, the City reserves a royalty-free,
non-exclusive, and irrevocable license to reproduce, publish and use such work, or
any part thereof, and to authorize others to do so.
1 .3 The Contractor shall provide services and work under this Agreement
consistent with the requirements and standards established by applicable federal,
state and City laws, ordinances, regulations and resolutions. The Contractor
WCV#26&WCV 28 SCADA page 1 of 13
Project#11365.c
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 $294,000.00.
2.2 The Contractor shall provide the City with a monthly statement and
supporting invoices, as the work warrants, of fees earned and costs incurred for
services provided during the billing period, which the City will pay within 30 days of
receipt of a correct invoice and approval by the City. The City will not withhold any
Federal or State income taxes or Social Security Tax from any payment made by
City to Contractor under the terms and conditions of this Agreement. Payment of
all taxes and other assessments on such sums is the sole responsibility of
Contractor.
2.3 Except as expressly provided in this Agreement, Contractor shall not be
entitled to receive from the City any additional consideration, compensation, salary,
wages, or other type of remuneration for services rendered under this Agreement
including, but not limited to, meals, lodging, transportation, drawings, renderings or
mockups or material escalations. Specifically, Contractor shall not be entitled by
virtue of this Agreement to consideration in the form of overtime, health insurance
benefits, retirement benefits, paid holidays or other paid leaves of absence of any
type or kind whatsoever.
3. Term:
3.1 This agreement shall become effective upon execution by both parties, and
shall expire upon (a) completion of the agreed upon work, (b) or unless sooner
terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some
other method or time of termination is listed in Exhibit A.
3.2 Should Contractor default in the performance of this Agreement or materially
breach any of its provisions, City, at City's option, may terminate this Agreement by
giving written notification to Contractor.
WCV#26&WCV 28 SCADA page 2 of 13
Project#11365.c
3.3 Should City fail to timely remit payment to Contractor as provided in Section 28,
Contractor, at the Contractor's option, may terminate this Agreement if the failure
is not remedied by the City within thirty (30) days from the date payment is due.
4. Liquidated Damages:
Substantial Completion shall be accomplished within 180 (one hundred eighty)
calendar days from Notice to Proceed. This project shall be considered
Substantially Complete when the Owner has full and unrestricted use and benefit
of the facilities, both from an operational and safety standpoint, and only minor
incidental work, corrections or repairs remain for the physical completion of the
total contract. Contractor shall be liable to the City for any delay beyond this time
period in the amount of $500.00 (five hundred dollars) per calendar day. Such
payment shall be construed to be liquidated damages by the Contractor in lieu of
any claim or damage because of such delay and not be construed as a penalty.
Upon receipt of a Notice to Proceed, the Contractor shall have 210 (two hundred
ten) calendar days to complete the work as described herein. Contractor shall be
liable to the City for any delay beyond this time period in the amount of $500.00
(five hundred dollars) per calendar day. Such payment shall be construed tobe
liquidated damages by the Contractor in lieu of any claim or damage because ofsuch
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 City determines that termination of this Agreement is in the best
interest of City, the City shall thereupon have the right to terminate thisAgreement
by giving written notice to Contractor of such termination and specifying the
effective date thereof at least fifteen (15) days before the effectivedate of such
termination. Contractor may terminate this agreement at any time by giving at
least sixty (60) days' notice to City.
In the event of any termination of this Agreement, all finished or unfinished
documents, data, and reports prepared by Contractor under this Agreement shall,
at the option of the City, become its property, and Contractor shall be entitled to
receive just and equitable compensation for any work satisfactorily complete
hereunder.
5.2 Notwithstanding the above, Contractor shall not be relieved of liability tothe
City for damages sustained by the City by virtue of any breach of this
WCV#26&WCV 28 SCADA page 3 of 13
Project#11365.c
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 ofdamages due the
City from Contractor is determined. This provision shallsurvive 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, employeeor 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 ofthe personnel of
the City in the performance of this agreement shall be made bythe 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. SubContractors:
Contractor shall require that all of its sub-Contractors be licensed per State of Idaho
Statute # 54-1901 & 54-1902.
8. Removal of Unsatisfactory Employees:
The Contractor shall only furnish employees who are competent and skilled for work
under this contract. If, in the opinion of the City, an employee of the Contractor is
incompetent or disorderly, refuses to perform in accordance with the terms and
conditions of the contract, threatens or uses abusive language while on City
property, or is otherwise unsatisfactory, that employee shall be removed from all
work under this contract.
9. Indemnification and Insurance:
9.1 Contractor shall indemnify and save and hold harmless City and it's
selected officials, officers, employees, agents, and volunteers from and for any and
all losses, claims, actions,judgments for damages, or injury to persons or property
WCV#26&WCV 28 SCADA page 4 of 13
Project#11365.c
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 specificallyagrees that it will
maintain, throughout the term of this Agreement, liabilityinsurance, 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 incidentor occurrence,
Automobile Liability Insurance One Million Dollars ($1,000,000) perincident or
occurrence and Workers' Compensation Insurance, in the statutory limits as
required by law. The limits of insurance shall not be deemed a limitationof 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 harmlessCity from and for
all such losses, claims, actions, or judgments for damages or injury to persons or
property and other costs, including litigation costs andattorneys' 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 topersonal 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 its 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 PurchasingAgent with a copy to Meridian City Accounting, 33 East
Broadway Avenue, Meridian, Idaho 83642.
9.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating
of no less than A-.
9.3 Any deductibles, self-insured retention, or named insureds must be declared
in writing and approved by the City. At the option of the City, either: the insurer
shall reduce or eliminate such deductibles, self-insured retentions or named
insureds; or the Contractor shall provide a bond, cash or letter of credit
guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
9.4 To the extent of the indemnity in this contract, Contractor's Insurance
coverage shall be primary insurance regarding the City's elected officers, officials,
employees and volunteers. Any insurance or self-insurance maintained by the City
or the City's elected officers, officials, employees and volunteers shall be excess of
the Contractor's insurance and shall not contribute with Contractor's insurance
except as to the extent of City's negligence.
9.5 The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
WCV#26&WCV 28 SCADA page 5 of 13
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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 with a Best's rating of no less than A-. In the event that the
contract is subsequently terminated for failure to perform, the Contractor and/or
surety will be liable and assessed for any and all costs for the re-procurement of the
contract services.
12. Warranty:
All construction and equipment provided under this agreement shall be warranted
for 2 years from the date of the City of Meridian acceptance per the ISPWC and the
Meridian Supplemental Specifications & Drawings to the ISPWC and any
modifications, which by this reference are made a part hereof.
All items found to be defective during a warranty inspection and subsequently
corrected will require an additional two (2) year warranty from the date of City's
acceptance of the corrected work.
13. Changes:
The City may, from time to time, request changes in the Scope of Work to be
performed hereunder. Such changes, including any increase or decrease in the
amount of Contractor's compensation, which are mutually agreed upon by and
between the City and Contractor, shall be incorporated in written amendments
which shall be executed with the same formalities as this Agreement.
WCV#26&WCV 28 SCADA page 6 of 13
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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.org/environmental.aspx?id=13618.
Contractor shall retain all stormwater and erosion control documentation generated
on site during construction including the SWPPP manual, field inspections and
amendments. Prior to final acceptance of the job by the City the Contractor shall
return the field SWPPP manual and field inspection documents to the City for
review. A completed Contractor Request to File Project N.O.T. with the EPA form
shall be provided to the City with the documents. These documents shall be
retained, reviewed and approved by the City prior to final acceptance of the project.
16. 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
representation including letters, words, pictures, sounds or symbols or any
combination thereof.
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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 datarelating 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 ensure 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 orlocal
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 as employees on
any job under any such contract except where under such contracts fifty (50) or less
persons are employed, the Contractor may employ ten percent (10%) nonresidents,
provided, however, in all cases employers must give preference to the employment of
bona fide residents in the performance of said work.
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.
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23. Attorney Fees:
Should any litigation be commenced between the parties hereto concerning this
Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorneys' fees as determined by a
Court of competent jurisdiction. This provision shall be deemed to be a separate
contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
24. Construction and Severability:
If any part of this Agreement is held to be invalid or unenforceable, such holding will
not affect the validity or enforceability of any other part of this Agreement so long as
the remainder of the Agreement is reasonably capable of completion.
25. Waiver of Default:
Waiver of default by either party to this Agreement shall not be deemed to be waiver
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 underthis
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. Retainage of
five percent (5%) of the current contract value will be withheld from the final pay
application(s) until final completion has been met and releases from both the Idaho
Tax Commission and Surety have been received by the City.
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29. Cleanup:
Contractor shall keep the worksite clean and free from debris. At completion of
work and prior to requesting final inspection, the Contractor shall remove all traces
of waste materials and debris resulting from the work. Final payment will not be
made if cleanup has not been performed.
30. Order of Precedence:
The order or precedence shall be the contract agreement, the Invitation to 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.
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.
Certifications.
Pursuant to Idaho Code §§ 67-2359 and 67-2346, Contractor hereby certifies:
A. That Contractor is not currently owned or operated by the government
of China and will not, for the duration of this Contract, be owned or
operated by the government of China.
B. That Contractor is not currently engaged in, and will not for the
duration of the Contract engage in, a boycott of goods or services
from Israel or territories under its control.
32. 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:
Lily; Contractor:
City of Meridian Challenger Companies, Inc.
Procurement 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
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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.
33. Approval Required:
This Agreement shall not become effective or binding until approved by the City of
Meridian.
CITY OF MERIDIAN: CHALLENGER COMPANIES, INC.:
BY: BY: ri- wll—
KEITH WATTS, Procurement Manger JOE �ASTELECUTTO
DATED: DATED: �D�S
Approved by Council Date: (if needed)
March 4, 2025
Project Manager
Brent Blake
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EXHIBIT A
SCOPE OF WORK
REFER TO INVITATION TO BID PW-2515-11365.c ALL ADDENDUMS,
ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid
Package # PW-2515-11365.c are by this reference made a part hereof.
SPECIFICATIONS / SCOPE OF WORK
All construction work shall be done in accordance with the current version
of the Idaho Standards for Public Works Construction (ISPWC), the
current version of the City of Meridian Supplemental Specifications to the
ISPWC (and any Addendums).
See separate attached documents:
• Special Provisions by Civil Survey Consultants, Inc. dated
12.20.2024 (15 pages)
• Construction Plans by Civil Survey Consultants, Inc. dated
12.20.2025 (22 pages)
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EXHIBIT B
MILESTONE / PAYMENT SCHEDULE
A. Total and complete compensation for this Agreement shall not exceed $294,000.00.
MILESTONE DATES/SCHEDULE
Milestone 1 Substantial Completion 180 Days from Notice to Proceed
Milestone 2 Final Completion 210 Days from Notice to Proceed
PRICING SCHEDULE
Contract includes furnishing all labor, materials, equipment and incidentals as required for the
WCV #26 & WCV #28 SCADA Project per ITB BID #PW-2515-11365.c.
NOT-TO-EXCEED AMOUNT.............................................$294,000.00
Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any
additional increases or decreases in work requested by City. The City will pay the Contractor based on actual
quantities of each item of work in accordance with the contract documents.
Contract Pricing Schedule
Item No. Description Quantity Unit Unit Price
1001.4.1.A.1.a $4,000.00
CV#26 SEDIMENT CONTROL 1 LS
1001.4.1.A.1.b $4,000.00
CV#28 SEDIMENT CONTROL 1 LS
1006.4.1.C.1.a $8,000.00
CV#26 INLET PROTECTION 4 EA
1006.4.1.C.1.b $10,000.00
CV#28 INLET PROTECTION 5 EA
2010.4.1.A.1.a $22,000.00
CV#26 MOBILIZATION 1 LS
2010.4.1.A.1.b $24,000.00
CV#28 MOBILIZATION 1 LS
SP-1a. WCV#26 ELECTRICAL CONDUIT&WIRE 1 LS $65,000.00
SP-1 b WCV#28 ELECTRICAL CONDUIT&WIRE 1 LS $59,000.00
SP-2a WCV#26 CONTROL PANEL 1 LS $49,000.00
SP-2b WCV#28 CONTROL PANEL 1 LS $49,000.00
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