HomeMy WebLinkAboutWRRF Outfall Pipe Extension - Star Construction, LLC Page 1
Memo
To: C. Jay Coles, City Clerk,
From: Keith Watts, Purchasing Manager
CC: Emily Skoro
Date: 11/7/2016
Re: City Council Meeting Agenda Item
The Purchasing Department respectfully requests that the following item be placed on the
November 15 th City Council Consent Agenda for Council’s consideration.
Approval of Award of Bid and Agreement to Star Construction, LLC for the “WRRF
OUTFALL PIPE RIPRAP EXTENSION” project for a Not-To-Exceed amount of
$58,509.00.
Recommended Council Action: Award of Bid and Approval of Agreement to
Star Construction, LLC for the Not-To-Exceed amount of $58,509.00.
Thank you for your consideration.
City of Meridian
Purchasing Dept.
CONTRACT CHECKLIST
Date: REQUESTING DEPARTMENT
Project Name:
Project Manager: Contract Amount:
Contractor/Consultant/Design Engineer:
Is this a change order? Yes No Change Order No.
Fund: Budget Available ( Purchasing attach report ):
Department Yes No Construction
GL Account FY Budget: Task Order
Project Number: Enhancement: Yes No Professional Service
Equipment
Will the project cross fiscal years? Yes No Grant
Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded)
Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach
Master Agreement Category
(Bid Results Attached) Yes No (Ratings Attached) Yes No Date MSA Roster Approved:
Typical Award Yes No
If no please state circumstances and conclusion:
Date Award Posted: 7 day protest period ends:
PW License Expiration Date: Corporation Status
Insurance Certificates Received (Date): Expiration Date: Rating:
Payment and Performance Bonds Received (Date): Rating:
Builders Risk Ins. Req'd: Yes No
(Only applicabale for projects above $1,000,000)
Reason Consultant Selected 1 Performance on past projects
Check all that apply Quality of work On Budget
On Time Accuracy of Construction Est
2 Qualified Personnel
3 Availability of personnel
4 Local of personnel
Description of negotiation process and fee evaluation:
Date Submitted to Clerk for Agenda: By:
Purchase Order No.: Date Issued: WH5 submitted
(Only for PW Construction Projects)
NTP Date:
Contract Request Checklist.5.24.2016.Final
$58,509 Emily Skoro
If yes, has policy been purchased?
STAR CONTRUCTION, LLC / CH2M HILL
III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete)
60
3590
96174
10055.F
TASK ORDER RFP / RFQ BID
VII. TASK ORDER SELECTION (Project Manager to Complete)
Award based on Low Bid Highest Ranked Vendor Selected
VIII. AWARD INFORMATION
Approval Date
Enter Supervisor Name Date Approved
I. PROJECT INFORMATION
N/A
N/A
FY17
10/26/2016 PUBLIC WORKS
WRRF OUTFALL PIPE RIPRAP EXTENSION
V. BASIS OF AWARD
10/26/2016 November 2, 2016
IV. GRANT INFORMATION - to be completed only on Grant funded projects
VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION
Only received 2 bids
N/A N/A N/A N/A
Existing PWC-C-14428 9/30/2017
EN
DIAN�-
Public IDAHO
Works Department
TO: Keith Watts
FROM: Emily Skoro
Staff Engineer II
DATE: 10/27/2016
Mayor Tammy de Weerd
City Council Memberfs
Keith Bird
Joe Borton
Lukze Cavener
Genesis Milam
Anne Little Roberts
Ty Palmer
SUBJECT: MERIDIAN WRRF OUTFALL PIPE RIPRAP EXTENSION PROJECT
WITH STAR CONSTRUCTION FOR A NOT -TO -EXCEED AMOUNT OF
$58,509.00.
I. DEPARTMENT CONTACT PERSONS
Emily Skoro, Staff Engineer II
489-0356
Clint Dolsby, Assistant City Engineer
489-0341
Warren Stewart, City Engineer
489-0350
Dale Bolthouse, Interim PW Director
985-1257
II. DESCRIPTION
A. Background
The W disinfection system expansion project at the Wastewater Resource
Recovery Facility is nearly complete. During the construction process, it was
determined that additional outfall channel scour protection was required. A Work
Change Directive was given to the original project contractor for pricing. The
price submitted was much higher than anticipated. Therefore, it was decided to
wait and rebid this portion of the project at a later date. The project has been rebid
and the new bid will save the City $100,000 over the previous construction quote.
B. Proposed Project
The proposed project includes:
• Installing additional riprap at the effluent pipe outfall at Fivemile Creek.
• Regrading the existing embankment on north side of Fivemile Creek.
Page 1 of 2
111. IMPACT
A. Fiscal Impacts
Project Costs:
--- ------------ --------- ------------------------------------------ ---------_-_-____
� FiocalYomc2Ul7
. .
.--- ----------------- ---- ------ ---------- -------------------- ----------- ------ ------ ----------
Star Construction
----StorCountructioo $58,504.00�
----------------------------------- ---- ------------------------------ ---_--_-_--__.-,
Tntnl $58,509.00
�
-___—..------__'+----_------------_---__.--'-���-_-�
'
----------------------------------- --
� �
Total (�o8t| $58���).U� �
---------------'----------'-----------------'-----
Available Project Fundin
_-------_--_------_----------___-__--------_--_---,
�
Fiscal Year � z�o�nnz�(�od�/(�odon
�---------------+--------------f---------------- ---- --�
� 01 � 3590~4h{74 | $816, 761.
�'--'`--'^-----�------------------|-----------'`----�
. .
^-----'---------'--------------'^----------'-----~
Tolo] � $81/�76735 �
---------'------------------------------- ------------ ---------
B. Time Constraints
This portion of the projectiucritical to complete ansoon oapossible because this
vvnzkouu«»k/be completed outside the irrigation season. The l7VExpansion
Construction projectcan't becompleted until the riprapcoua1ructimoproject is
Departmental Approvak
Page 2 of 2
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
WRRF OUTFALL PIPE RIPRAP EXTENSION
PROJECT# 1OO55.F
THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 8th day of
November, 2016, and entered into by and between the City of Meridian, a municipal
corporation organized under the laws of the State of ldaho, hereinafter referred to as
"ClTY", 33 East Broadway Avenue, Meridian, ldaho 83642, and Star Construction LLC
hereinafter referred to as "CONTRACTOR", whose business address is P.O. Box 157. Star
lD 83669 and whose Public Works Contractor License # is PWC-C-14428.
INTRODUCTION
WHEREAS, the Contractor is specially trained, experienced and competent
to perform and has agreed 1o provide such services;
NOW, THEREFORE, in consideration ol the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS ANO CONDITIONS
1. Scope of Work:
1.2 All documents, drawings and written work product prepared or produced by
the Contraclor 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 lo do so. lf 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{ree,
non-exclusive, and irrevocable license to reproduce, publish and use such work, or
any part thereof, and to authorize others to do so.
'I .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
WRRF OUTFALL PIPE RIPRAP EXTENSION page '1 of 13
Project 10055.F
Whereas, the City has a need for services involving ffi!!oUTFA!!l!!!
BIPUHIEN!9N;and
'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.
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 Agreemenl 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 underthis
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 NolTo-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 $59.5!XlJq.
2.2 The Contractor shall provide the City with a monthly statement and
supporting invoices, as the work warrants, ol fees earned and costs incurred for
services provided during the billing period, which the City will pay within 30 days of
receipt of a correct invoice and approval by the City. The City will not withhold any
Federal or State income taxes or Social Security Tax from any payment made by
City to Contractor under the terms and conditions of this Agreement. Payment of
all taxes and other assessments on such sums is the sole responsibility of
Contractor.
2.3 Except as expressly provided in this Agreement, Contractor shall not be
entitled to receive from the City any additional consideration, compensation, salary,
wages, or other type of remuneration for services rendered under this Agreement
including, but not limited to, meals, lodging, transportation, drawings, renderings or
mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement
to consideration in the form of overtime, health insurance benefits, retirement
benefits, paid holidays or other paid leaves of absence of any type or kind
whatsoever.
3. Term:
3.1 This agreement shall become effective upon execution by both parties, and
shall expire upon (a) completion of the agreed upon work, (b) or unless sooner
terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some
other method or time of termination is listed in Exhibit A.
3.2 Should Contractor default in the performance of this Agreement or materially
breach any of its provisions, City, at City's option, may terminate this Agreement by
giving written notification to Contractor.
WRRF OUTFALL PIPE RIPRAP EXTENSION
Projecl 10055.F
page 2 ol 13
3.3 Should City failto pay Contractor all or any part of the compensation set forth
in Exhibit B of this Agreement on the date due, Contractor, at the Contractols
option, may terminate this Agreement if the failure is not remedied by the City
within thirty (30) days f rom the date payment is due.
4. Liquidated Damages:
Substantial Completion shall be accomplished within 56 (fifty-six) 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 70 (seventy)
calendar days to complete the work as described herein. Contractor shall be liable
to the City for any delay beyond this time period in the amount of $500.00 (Five
hundred dollars) per calendar day. Such payment shall be construed to be
liquidated damages by the Contractor in lieu of any claim or damage because of
such delay and not be construed as a penalty. See Milestones listed in the
Payment Schedule for Substantial Completion.
This project MUST be completed by the start of the 2017 Spring lrrigation Season.
5. Termination:
5.1 lf , through any cause, CONTRACTOR, its officers, employees, or agents fails
to f ullill 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.
ln the event ol any terminalion ol this Agreement, all finished or unfinished
documents, data, and reports prepared by CONTRACTOR under this Agreemenl
shall, at the option of the CITY, become its property, and CONTRACTOR shall be
enlitled to receive .iust and equitable compensation for any work satisfactorily
complete hereunder.
WRBF OUTFALL PIPE RIPRAP EXTENSION
Projecl 10055.F
paqe 3 of 13
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 forthe 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. lndependentContractor:
6. 1 ln all matters pertaining to this agreement, CONTRACTOR shall be acting as
an independent contractor, and neither CONTRACTOR nor any officer, employee
or agent of CONTRACTOR will be deemed an employee of CITY. Except as
expressly provided in Exhibit A, Contractor has no authority or responsibility to
exercise any rights or power vested in the City and therefore has no authority to
bind or incur any obligation on behalf of the City. The selection and designation of
the personnel of the CITY in the performance of this agreement shall be made by
the CITY.
6.2 Contractor, its agents, officers, and employees are and at alltimes 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. Conlractor
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
Contraclor in fulfillment of this Agreement. lf in the performance of this Agreement
any third persons are employed by Contractor, such persons shall be entirely and
exclusively under the direction and supervision and control of the Contractor.
7. Sub-Contractors:
Contractor shall require that all of its sub-contractors be licensed per State of ldaho
starure # 54-1901
The Contractor shall only f urnish employees who are competent and skilled for work
under this contract. lf, in the opinion of the City, an employee of the Contractor is
incompetent or disorderly, refuses to perform in accordance with the terms and
conditions of the contract, threatens or uses abusive language while on City
property, or is otherwise unsatisfactory, that employee shall be removed from all
work under this contract.
9. lndemnification and Insurance:
WRRF OUTFALL PIPE FIIPHAP EXTENSION
Project 10055.F
page 4 of '13
8. Removal of Unsatislactory Employees:
9.3 Any deductibles, self-insured relention, 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, seltinsured retentions or named
insureds; or the Contractor shall provide a bond, cash or letter of credit
guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
9.4 To the extent of the indemnity in this contract, Contractor's lnsurance
coverage shall be primary insurance regarding the City's elected officers, officials,
employees and volunteers. Any insurance or self-insurance maintained bythe City
or the City's elected officers, off icials, employees and volunteers shall be excess of
WRBF OUTFALL PIPE RIPRAP EXTENSION
Project 10055.F
page 5 of 13
9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's
elected officials, officers, employees, agents, and volunteers f rom 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 soecificallv
aqrees that it will maintain. throuqhout the term of this Aqreement. liabilitv
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 lnsurance One Million Dollars ($1 ,000,000) per
incident or occurrence and Workers' Compensation lnsurance, in the statutory
limits as required by law.. The limits of insurance shall not be deemed a limitation
of the covenants to indemnify and save and hold harmless CITY; and if CITY
becomes liable for an amount in excess of the insurance limits, herein provided,
CONTRACTOR covenants and agrees to indemnify and save and hold harmless
CITY from and for all such losses, claims, actions, or judgments for damages or
injury to persons or property and other costs, including litigation costs and
attorneys' fees, arising out of, resulting from , or in connection with the
performance of this Agreement by the Contractor or Contractor's officers, employs,
agents, representatives or subcontractors and resulting in or attributable to
personal injury, death, or damage or deslruction to tangible or intangible property,
including use of. CONTRACTOR shall provide CITY with a Certificate of
lnsurance, or other proof of insurance evidencing CONTRACTOR'S compliance
with the requirements of this paragraph and file such proof of insurance with the
CITY at least ten (10) days prior to the date Contractor begins performance of it's
obligations under this Agreement. ln the event the insurance minimums are
changed, CONTRACTOR shall immediately submit proof of compliance with the
changed limits. Evidence of all insurance shall be submitted to the City Purchasing
Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue,
Meridian, ldaho 83642.
9.2 lnsurance is to be placed with an ldaho admitted insurer with a Best's raling
of no less than A-.
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 respecl 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
Conlractor 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 lmprovement
Projects per the ISPWC and the City of Meridian Supplemental Specifications &
Drawings to the ISPWC, which by this reference are made a part hereof .
Contractor is required to furnish faithful performance and payment bonds in the
amount of 100% of the contract price issued by surety licensed to do business in
the State of ldaho. ln the event that the contract is subsequently terminated for
failure to perform, the conlractor andior 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 f rom the date of the City of Meridian acceptance per the ISPWC and the
Meridian Supplemental Specifications & Drawings to the ISPWC and any
modif ications, 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
WRRF OUIFALL PIPE RIPBAP EXTENSION page 6 of 13
Project 10055.F
14.
amendments which shall be executed with the same formalities as this Agreement.
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. ltems
purchased by the City and used by a contractor are subject to Use Tax. All other
taxes are the responsibility of the Contractor and are to be included in the
Contractor's Bid pricing.
'15. MeridianStormwaterSpecilications:
All construction proiects require either a Storm Water Pollution Prevention Plan
(SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of
Meridian Construction Stormwater Management Program (CSWMP) manual. The
CSWMP manual containing the procedures and guidelines can be found at this
address: http://www.meridiancitv.oro/environmental.aspx?id=1 361 8.
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 Conlractor 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 f inal 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 lnformation:
'17.1 At such times and in such forms as the CITY may require, there shall be
furnished to the CITY such stalements, 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 lrom 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
WRBF OUTFALL PIPE RIPRAP EXTENSION
Project 10055.F
page 7 of '13
representation including letters, words, pictures, sounds or symbols or any
combination thereof.
18. Audits and lnspections:
At any time during normal business hours and as often as the CITY may deem
necessary, there shall be made available to the CITY for examination all of
CONTRACTOR'S records with respect to all matters covered by this Agreement.
CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or
transcripts from such records, and to make audits of all contracts, invoices,
materials, payrolls, records of personnel, conditions of employment and other data
relating to all matters covered by this Agreement.
19. Publication, Reproduction and Use ol 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 counlry. The CITY shall have
unreslricted authority to publish, disclose and otheMise use, in whole or in part, any
reports, data or other materials prepared under this Agreement.
20. Equal Employment Opportunity:
ln performing the work herein, Contractor agrees to comply with the provisions of
Title Vl and Vll 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, nalional origin, age, political
affiliation, marital status, or handicap. ln 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.
Contractor must comply with ldaho State Statute 44-1002 which states that the
Contractor employ ninety-f ive percenl (95%) bona f ide ldaho residents.
22. Advice of Attorney:
Each party warrants and represents that in executing this Agreement. lt has
received independent legal advice f rom its attorney's or the opportunity to seek such
advice.
WRRF OUTFALL PIPE RIPRAP EXTENSION
Project '10055.F
page 8 of 13
21. Employment of Bona Fide ldaho Residents:
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 .iurisdiction. This provision shall be deemed to be a separate
contract between the parties and shall survive any default, lermination or forfeiture
of this Agreement.
24. ConstructionandSeverability:
lf any part of this Agreement is held to be invalid or unenforceable, such holding will
not affect the validity or enforceability of any other part of this Agreement so long as
the remainder of the Agreement is reasonably capable of completion.
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 modif ied as provided above.
26. Entire Agreement:
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.
WHRF OUTFALL PIPE RIPRAP EXTENSION
Project 10055.F
At completion of
page I of '13
25- Waiver of Default:
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.
work and prior to requesting final inspection, the Contractor shall remove all traces
of wasle materials and debris resulting trom the work. Final payment will not be
made if cleanup has not been performed.
The order or precedence shall be the contract agreement, the lnvitation for Bid
document, then the winning bidders submitted bid document.
31. Compliance with Laws:
ln 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 ldaho, 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
City of Meridian
Purchasing Manager
33 E Broadway Ave
Meridian, lD 83642
208-489-0417
CONTRACTOR
STAR CONSTRUCTION, LLC
Altn: Ancil lrminger, Managing Member
P.O. Box 157
Slar, lD 83669
Phone: 208-286-9198
Email : starconstructionllc@gmail.com
ldaho Public Works License #PWC-C-14428
34. Approval Required:
This Agreement shall not become effective or binding until approved by the City of
Meridian.
WRRF OUTFALL PIPE RIPRAP EXTENSION
Project '10055.F
page 10 of '13
30. Order of Precedence:
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.
CITY OF MERIDIAN
BY'
,
71,t ✓�4i
Dated: / ! yl X1
Approved by Council: /// D A UCL / J�� Sr
Attest: / 4'4/
C.Jay C6Jes, CVY CLERK
Purchasing A proval
BY:
KEITH W7MS, Purchasing Manager
Dated:: 11 / // (10
Project Manager
Emily Skoro
WRRF OUTFALL PIPE RIPRAP EXTENSION
Project 10055.F
STAR CCIVS JC -T4 C�
BY: _
Anci rminger, Managing Member
Dated: %
City of
E IDIAN
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SEAL y
w
tde TARAS����Py
Depar t App o al
BY: '�,
WA REN STE A T, City Engineer
Dated:
page 11 of 13
EXHIBIT A
SCOPE OF WORK
HEFER TO INVITATION TO BID PW-1702.10055.F
ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the
lnvitation to Bid Package # PW-l702-10055.F, are by this reference
made a part hereof.
SPECIFICATIONS / SCOPE OF WORK
All construction work shall be done in accordance with the current version
of the ldaho Standards for Public Works Construction (ISPWC), the 2013
City of Arleridian Supplemental Specifications to the ISPWC (and any
Addendums).
See separate attached documents:
PLANS NAME BY CH2M Hill dated 08123120'16 1z pages;
After work is done in creek, conlractor needs to remove
(existing plug) (plywood and sand bags) out of 48" pipe and
install city furnished 30"plug in 30" pipe just out of manhole.
SPECIAL PROVISIONS/TECHNICAL SPECIFICATIONS
o All work MUST be complete prior to the start of the 2017
Spnng lrrigation Season.
a
a
WRRF OUTFALL PIPE RIPRAP EXTENSION
Project 10055.F
page 12 of 13
A
Exhibit B
MILESTONE / PAYMENT SCHEDULE
MILESTONE DATES/SCHEDULE
Milestone'1
Milestone 2
PRICING SCHEDULE
NOT TO EXCEED CONTRACT TOTAL
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 cily. The City will pay the contraclor based on
actual quantities ol each item ol work in accordance with the contract documents.
Contract Pricing Schedule
Item No Description Quantity Unit Unit Price
1 General Requirements 1 LS $3,s29.00
2 tc s6.185.00
3 Permittinq 1 LS $150.00
4 Storm Water Pollution Prevention Control 1 $3,420.00
5 Surveyinq 1 LS $2,950 00
6 ln-Water Work Zone Provisions 1 LS $16,035.00
7 Earthwork 1 LS $8,271.00
8 Geotextile lnstallation LS
9 Riprap Placement LS $3,558.00
10 Groutino 1 LS $8,194.00
11 Site Restoration and Stabilization 1 LS $4.382.00
12 Plant Etfluent Flow Conversion to 48-inch
Outlall Pipe ,1 LS
$500.00
lncidentals 1 LS $0.00
Total and complete compensation for this Agreement shall not exceed
$58,509.00.
WRBF OUTFALL PIPE RIPRAP EXTENSION
Project '10055.F
Substantial Completion 56 Days from Notice to Proceed
Final Completion 70 Days from Notice to Proceed
Contract includes lurnishing all labor, materials, equipment, and incidentals as required lor the
WRRF OUTFALL PIPE RIPRAP EXTENSION per IFB PW- 1702-10055.F
$58-50900
Mobilization/Demobilization 1
1 $1 ,335 00
1
13 [ --t----
page 13 of 13
Clty Of uertdiaD
Detailed StaEemenE of Revenues and Expenditures Rev and Exp Report - Keit.h - Unpostsed'Iransactions Included In
Report
3590 - m{ Coaatructloa Projocts
50 - Etrterplla€ Eund
Fro.n to/t/20t6'rhroug}] 9 /30 /2ot'7
CapitaL Outlay
96174 UltravioleE Di.slnfecEion
LUU55 UV DaSrnteCElOn
10055. a tV Disinfection Expansion
- CONSTRUCTION
Carr... Carryf orward
?otal CapitaL Outlay
Budget $ith Currents Year
Actual
BudgeE
Remaining
PercenE of
Budgets
Remaj.ning
0.00
0.00
49.99
9, 323 . 00
(49.99)
(9, 323 . 00 )
0 .00t
0 .00*
1.415.26t.t6 0.00 1,475,26t.16 100.00t
L,4'75,261 .46 9,312.99 1 465 894.17 99-36t
TOTAL EXPENDITURES 1 4',l5 25'7.16 9 312.99 1 465 494.17 99.358
Date:77/A/t6 11:22 i 0 0 AM
Pertormance Bond
CONTRACTOR:
(Nome, legdl status ond oddress)
Star Construction, LLC
P.O Box 157
Star, lD 83669
OWNER:
(Name, legal stdtus and odd.ress)
City of Meridian
33 East Broadway Ave.
Meridian, lD. 83642
CONSTRUCTION CONTRACT
Date: November 8, 2016
Amorrnt: $58,509.00
Description:
(Name and, location)
WRRF Outfall Pipe Riprap Extension
BOND
Date: November 8, 2016
(Not eorlier thon ColLstruction Controct Dote)
nmount. $58,509.00
Modifications to this Bond: I None
CONTRACTOR AS PRINCIPAL
Company:
Star Con
CNASURETY
(Corporote Seol)
Bond No.58731992
SURETY: Western Surety Company: South Dakota Corporation
(Name, legal status ond. principol place
ol business)
333 S. Wabash Avenue
41st Floor
Chicago, lL 60604 This document has important legal
consequences. Consultation with
an attorney is encouraged with
respect to its completion or
modification.
Any singular reference to
Contractor, Surety, Owner or
other party shall be considered
plural where applicable
AIA Document A312-2010
combines two separate bonds, a
Performance Bond and a
Payment Bond, into one form.
This is not a single combined
Performance and Payment Bond.
! See Section 16
SURETY
Company:
Western Surety Company
(Corporate Seal)
ztiiiy
n,C
Name A NcIL IBMIN
and Titlp: MAJVA6|UC MgMBgR- and Trle: Attorney-ln-
(Any odditional signalures cippear on lhe losl page of lhis Performonce Bond.)
act
(FOR INFORMATION ONLY Nante, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
post lnsurance (Architect, Engineer or other party:)
P.O Box 8447 N/A
Boise, lD 83707
Printed in c@peration with the Aherican lnstilule of Atchitects (AlA).
The language in this docuirent conloins exactly to lhe language used in AIA Documenl A312 - Peiomance Eond - 2010 Edition 1
A
inlH:.L),-)
51 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.
S 2 lfthe Contractor performs the Constructiol Contract, the Surety and the ContractDr 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
.l the Owner fust 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
lequest a conference, the Surety may, within five (5) business days after receipt ofthe Owner's notice,
request such a conference. If the Surety timely requests a conference, the Owner shall att€nd. Unless
the Owner agtees otherwise, aay conference requested under this Section 3.1 ghall be held within ten
(10) business days of the Surety's receipt of the Owrrer's uotice. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reasonable time to perforE the Construction Contract,
but such an agreement shall not waive the Owler's right, ifany, subsequently to declare a Contractor
Default;
.2 the Owner declares a Contractor Default, terminates the Construction Contract and noti.fies the Surety;
and
.3 the Owner has agreed to pay the Balance ofthe Contract Price in accordance with the terms ofthe
Construction Cofltract to the Surety or to a coltractor 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 froD its obligations, except to
the extent the Surety demonstrates actual prejudice.
$ 5 When the Owner has satisfred the conditions of Section 3, the Surety shall promptly and at the Surety's expense
take one of the lollowing actions:
$ 5.1 Arange for the Contractor, with the consent of the Owner, to perform and complete the Congtruction Contract;
$ 5.2 Undertake to perform and complete the Construction Cootract itself, through its agents or independent
contractors;
S 5.3 Obtain bids or negotiated ploposals from qualified contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract, arrallge for a contract to be prepared for execution by the
Owler and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds
executed by a qualihed 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 ofthe Contractor Default: or
S 5'4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable
promptness unde! the ctcumstances:
.'l After investigation, determine the amount for which it may be liable to the Owner and, as soon as
practicable after the amount ie determined, make payment to the Owner;or.2 Deuy liability in whole or in part and notify the Owner, citing the reasons for denial.
S 6 Ifthe Surety does not proceed as provided in Sectioo 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 Sulety perform its obligations urder 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 fudher notice the Owner shall be entitled to enforce any
remedy available to the Owner.
Pdnted in cooporation with the American lnsttute of Architects (AlA).
The language in this docuoEnt contoms exac y to the language used in AIA Document A312 - Pe omance Bond - 2OlO Editbh 2
$ 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities ofthe Surety to the Owner shall not
be Sreater than those ofthe Contractor under the Construction Contract, and the rcsponsibilities 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 ofthe Contract Price, the Surety is obligated, without duplication, for.l 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 b; and
.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual
damages caused by delayed performance or non-performance of the Contractor.
$ 8 lfthe Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount ofthis Bond.
S 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are uuelat€d to the
Construction Contract, and the Balance of the Contract Price shall not be reduced or set offon account of any such
unrelated obligations. No right of action shall accrue on this Bolrd 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 tiEe, t the Coostruction Contract or to
related subcontracts, purchase orders and other obligations.
$ ll Any proceeding, legal or equitable, under this Bond may be instituted in any court ofcompetent jurisdiction in
the location in which the work or part of the work is locat€d and shall be instituted within two years aft€r a declaration
of Contractor Default or within two yeais aft€r the Cotrtractor ceased working or within two years after the Surety
refuses or fails to perform its obligations under this Bond, whichever occurs fust. If the provisions of this Paragraph
are void or prohibited by law, the minimum period oflimitation available to sureties as a defense in the jurisdiction of
the suit shall be applicable.
$ 12 Notice to the Surety, the Ov,/ne! or the Contractor shall be mailed or deLivered to the address shown o1r the page
on which their signature appears.
$ 13 \{hen this Bond has been furnished to cooply with a statutory or other legal requirement in the location where
the construction was to be performed, any provision in this Bond conllicting with said ststutory or legal requirement
shall be deemed deleted herefrom and provisions conlorming to such statutory or other legal requirement shall be
deeoed incorporat€d herein. lvhen so furnished, the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
S 14 Dofinitions
S 14.1 Balance of the Contract Price. The total anount payabte by the Owner to the Contractor under the Constluction
Contract after all proper adjustEents have been made, includiog 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 ls
entitled, reduced by all valid and proper payments made to or on behalfof the Contractor under the Construction
Contract.
S 14'2 Construction Contract. The agreement between the Owner and Contractor identified onthe cover page,
including all contract Documents and change6 made to the agreement and the contract Documents.
S 14.3 Contractor Default, Failure olthe Contractor, which has notbeen remedied or waived, to perform or otherwise to
comply with a material term of the Construction Contract.
S 14.4 OtYner Default. Failure ofthe 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 Eaterial terms ofthe
Construction Contract.
S'14.5 Contract Documents. All the documents that comprise the agreement between the Ow[er 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.
Pinted in cooperation with the Afierican lnstitute ol Atchitects (AlA).
The language in this document confoms exactly to lhe language used in AIA Document A312 - Peiomance Bond - 2O1O Edition.3
S 16 Modifications to this bond are as follows:
(Spoce is provided below lor additional signatures of odded parties, other th.an tltose appedrilg otu the couer paEe.)
CONTRACTOR AS PRINCIPAL SUREWCompany: (Corporcte Seal) Company: (Corporcte Seal)
Signature:Signature:
Name and Title:
Address
CAUTION: You should sign an original AIA Contract Oocumgnl on which this toxt appears in REO. An original aggures that
changgs will not be obscurod.
Name and Title:
Address
Pinled in cooperction with the Anedcan lnstitute of Atchitects (AlA).
Tho language in this documant confoms exactly to the language used in AIA Documenl A312 - Peionnance Bond - 2010 Edition 4
Payment Bond
CONTRACTOR:
(Name, legol status and. address)
Star Construction, LLC
P.O Box 157
Star, lD 83642
OWNER:
(Name, legaL stqtus and address)
City of Meridian
33 East Broadway Ave.
Meridian, lD. 83642
CONSTRUCTION CONTRACT
Date: November 8, 2016
Amount: $58,509.00
Descliption:
(Name and locdtion)
WRRF Outfall Pipe Riprap Extension
BOND
Date: November 8, 2016
(Not eatlier than CorLsttuctiotu Controct Date)
4661111 $58,509.00
Modifications to this Bond: I None
CONTRACTOR AS PRINCIPAL
Company:
Star Con
Sign
CNASURETY
Bond No. 58731992
SURETY: Western Surety Company: South Dakota Corporation
(Name, legal status aad principol place
of business)
333 S. Wabash Avenue
41st Floor
Chicago, lL 60604 This document has important legal
consequences. Consultation with
an aftorney is encouraged with
respect to its completion or
modification.
Any singular reference to
Contractor, Surety, Owner or
other party shall be considered
plural where applicable.
AIA Document A312-2010
combines two separate bonds, a
Performance Bond and a
Payment Bond, into one form.
This is not a single combined
Performance and Payment Bond
n See Section 18
SURETY
rute Seal) Cor!pa\y:
.. Western Surety Company,L
a n
l.tameA Ne,/L /RMING€R-Signature
Name Mary Jaquier
andTitle:14!4 GING MeMBe ? and Title: AttorneyJn-Fact
(Any additionol signotures appear on the last page of tl1,is Paynlent bnd.)
(FOR INFORMATION ONLY - Name, address ond telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
post lnsurance (Architect, EtueilLeet ot other party:)
P.O Box 8447 N/A
Boise, lD 83707
Pinted in c:oope@tion with lhe Amarican lnstitute of Atchitects (AlA).
The language in this document contoms exactly to the language used in AIA Docunent A312 - Payrient Bond - 2010 Edition.5
A
(Corporate Seal) .... "
EJ:,'l_)
$ 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 foUowing terms-
S 2 Ifthe Contractor promptly makes payment ofall sums due to Claimants, and defends, indemnifies and holds
haroless the Owner froE claims, demands, liens or suits by any person or entity seeking payment for labor, materials
or equipEent furnished for use in the performance of the Construction Contract, then the Surety and the Contractor
shall have no obligation under this Bond.
$ 3 Ifthere is no Owner Default under the Constluction Contract, the Surety's obligation to the Owner under this Bond
shall arise after the Owner has promptly notfied the Contracto! 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, oaterials or equipment furnished for use in the performance of the Construction Contract and tendered
defense ofsuch claims, demands, liens or suits to the Contractor and the Surety.
$ 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense
defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit.
$ 5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
$ 5.1 Claimants, who do not have a direct contract with the Contractor,
.1 have furnished a written [otice of non-payment to the Contractor, stating with substantial accuracy the
amount clailtred and the oame of the party to whom the oaterials were, or equipment was, furnished or
supplied or for whom the Iabor 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 ad&ess described in Section t3).
$ 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at
the addless described in Section 13).
S6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to
satisfy a Claimant's obligatioo to furnish a writt€n notice ofnon-payment under Section 5.1.1-
$ 7 When a Claimant has satisfred the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surcty shall
promptly and at the Surety's expense take the followiug actions:
$ 7.1 Send an answer to the ClaiEant, 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
S 7.2 Pay or arlange for payment of any undisputed amounts.
$ 7.3 The Surety's failure to discharge its obLigations under Section 7.1 or Section ?.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
aoourlts fo! which the Surety and Claimant have reached agreeBent. Ii however, the Surety fails to discharge its
obligations under Section 7.1or Section ?.2, the Surety shall indemnify the Claimant for the reasonable attorney's
fees the Claimant incurs thereafter to recovei any sums found to be due and owing to the Claimant.
S I The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney,s
fees provided uoder Section 7.3, and the amount of this Bond shall be credited for any payments Eade in good faith
by the Surety.
$ 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the pedormance
ofthe construction contract and to satis& claims, ifany, under any construction perforEaoce bond. By the
Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the
performance ofthe Construction Contract are dedicated to satis& 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.
A
Ptinted in coope@lion with the American lnsltute of Architects (AlA).
The language in this document confoms exactly to the language used in AIA Document 4312 - Payncnt Bond - 2O1O Edition.
$ l0 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are
unrelat€d t! the Co[struction 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 payrnents to, or give notice on behalf
of, Claimaots or otherwise have any obligations to Claimants under this Bond-
$ 1l 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.
S 12 No suit or action shall be commenced by a Claioant under this Bond other than in a court ofcompetent
jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the
expiration ofone year Irom the dat€ (l) on which the Claimant seut a ClaiE 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 Constluction Contract, whichever of (1) or (2) first occurs. If the
provisions ofthis Paragraph are void or prohibited by law, the minimum period oflimitation available to sureties as a
defeuse 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 dat€ 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 conllicting with said statutory or legal requirement
shall be deemed deleted herefiom and provisions conforming to such statutory or other legal requiremetrt shall be
deeoed incorporated herein. When so furnished, the intent is that this Bond shall be coostrued as a statutory bond and
not as a common law bond.
$ 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and
Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made.
S 15 Detinitions
S 16.1 Claim. A written statement by the Claimant including at a minimum:.l the name ofthe Claimant;
.2 the name of the person for wholo the laboi was done, or Eaterials or equipment furnished;
.3 a copy ofthe 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 perforoed labor or Iast furnished materials or equipnent for use in
the pedormance ofthe Construction Contract;
.6 the total amou[t earned by the Claimant for labor, materials or equipment furnished as ofthe date of
the Claim;
.7 the total amount ofprevious payments received by the Claimant; and
,8 the total aEount due and unpaid to the Claimant for labor, materials or equipment furnished as ofthe
date of the Claim.
S 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 t€rm
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, matprials or equipEent" that part ofwater, gas, power, light, heat, oil,
gasoline, telephone service or rental equipment used io the Construction Contract, architectural and engineering
sewices required for performance of the work of the Contracto! 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-
516.3 Construction Contract. The agreement between the Owoer and Contractor identified on the cover page,
including all Contract DocumeAts afld all changes made to the agreement and the Contract Documents.
Pinted in cgoperation with the Ameican lnstitute ot Architects (AlA).
The language in this document confoins exactly to the language used in AIA Document A312 - Paynent Bond - 2U0 edfion-7
S 16.4 Owner Default. Failure ofthe 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.
S 16.5 Contract Documents. All the docuEents that comprise the agreement between the Owner and Contractot
S 17 Ifthis Bond is issued for an agreement between a Contractor and subcontractor, the t€rm Contractor in this Bond
shall be deemed to be Subcontractor aod the terDl Owner shall be deeoed to be Contractor.
$ 18 Modifrcations to this bond are as follows:
(Spoce is prouided below for additional signatures of ad.ded pafties, other than those oppearing on the couer paEe.)
CONTRACTOR AS PRINCIPAL SURETYCompany: (Corporote Seol) Company: (Corporate Seal)
Name and Title:
Address
CAUTION: You should sign an original AIA Contracl Documsnt, on which this text appoars in REO. An o,iginal assurssthat
changes will not be obscured.
Signature:
Name and Title:
Address
Pdnted in cnoperation with the Arnerban lnslilute of Atchitects (AlA).
The language in this document conlofins exaclly to the language used in AIA Document A312 - Payment Bond - 2O1O Edition.8
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporatiorl is a duly organized and existing corporatior
having its principal office in the City of Sioux Falls, and State of Soulh Dakoh, and that it does by virtue of the sigrature and seal hercin affixed hereby
make, constitute and appoint
William F Pos! Mary Jaquier, Terry S Robb, Individually
of Boise, ID, its tnre and lawful Attomey(slin-Fact with fuIl power and authority hereby coDferr€d to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
This Power of Attomey is made and executed pursuant to and by authority of the By-Law printed on the reve6e hermf, duly adopted, as indicated, by
the shareholdeN of the corporation.
In Witness Wh€r€of, WESTERN SL'RETY COMPANY has caused these presents to be signed by its Vice Presideot and its corpomte seal to be
hereto affixed on this 1 oth day of July, 20 15.
WESTERN SURETY COMPANY
T. Bruflat. Vice President
State of South Dakota
CouDty of Mirnehaha
My commission o(pires
February 12,2021
f rrri*$.\\!.ril'rtil$i\rr +! s. ErcH i.
i@!3lffififfi@i}r'ir\i\lt\rii\i..*rirr.
SS
On this loth day ofJr y, 2015, before me peEonally came Paul T. Bruflal, to me known, who, being by me duly swom, did depose and sayi that he
resides in the City ofsioux Falls, State ofsouth Dakota; that he is the Vice PresideDt ofWESTERN SIJRETY COMPANY described in and which executed
the above instnrment; that he knows the seal of said co$oiation; that the seal afrix€d to the said instrument is such corporate seal; that it was so aflixed
pursuant to authority givm by the Board ol Dircctors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges
same to be the act and deed of said corporation.
Cd^
S. Eich, Notary Public
CERTIFICATE
I, L. NelsorL Assistant Secretary of WESTERN SURETY COMPANY do hereby ceftiry that the Power of Attomey hereinabove set forth is still in
force, and funher certify that the By-l-aw of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
of November 2016my name and alixed the seal of the said corpomtion this
WESTERN SURETY COMPANY
Form F4280-7'2012
8 day
L. Nelson, Assistant Se€retary
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as ifsuch instfiments were signed by a duly authorized ofhcer ofthe corporation ard all the acts of said
Attomey, pu.suant to the authority hereby given, arc hereby iatified and confumed.
)
Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power ofAftomey is made and executed purcuant to arld by authority of the following By-Law duly adopted by the sharcholders
ofthe Company.
Section 7. All bonds, policies, undenakings, Powens of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the Prgsident, Secretary, and Assistant Secretary, Treasursr, or any Vice President, or by such other
officers as the Board of DirectoN may authorize. The President, any Vice Presiden! Secretary, any Assistant Secretary, or the Treasur€r
may appoint Attomeys in Fact or ageots who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corpoiate seal is not necessary for the validity of any bonds, policies, undertakings, PoweN of Attomey or other obligations of thc
corpomtion. The signature ofany such officer and the corporate seal may be printed by facsimile.
a,<:<>r.Lf CERTIF]CATE OF L]ABILITY INSURANCE 1O / 3t /20!6
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, EXTENO OR ALTER THE COVERAGE AFFOROEO BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEO
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
MPOR T N T tf the ce rti fi c a te h de I rs n DDITI o NA L N SU RED t he pol cy (tes )m u st b€en d o rsed.tf U B R OG TI o N IS ED s ubj tothetermsandconditionsofthepocvcertanpocesmayrequIreanndorsement.s tate me nt o n th s c ertifi cate does not confe (f ig hts to the
c erti fi cate h o de r i n eu of s uc h e ndorsem en s
PRODUCEfi
Post Insurance
2717 tl. Bannock
P. O. Box 84 4?
Boise
INSUREO
Servj-ces, Inc
st.
rD 83707
Star Construction, LLC
PO Box 15?
Star rD 83669
fi!ffpcr lryshia carnble
lJ8),F.. ..r, (208) 336-5600 , ii6, *,
!ffit"". agaeble0postj.ns. con
INSURER(S) AFFOROING COVERAGE
|NSURERA Auto Or,nerg Insurance
TNSURER a:Idaho Stato Inguranco E\rnd
INSIJRER C:
INSURER O:
INSURER E:
INSURERf i
{208} 344-0651
COVERAGES CERTIFICATE NUMBER:2016-2017 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED NOTWTHSTANDING ANY REOUIREMENT TERiI OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WI{ICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHO\AA IIAY HAVE BEEN REDUCED BY PAID CLAIMSllff ,rp: o!:,rlsuaarce AOOL SI]BR
LIMITS
A
X , COIMERCIAI GENERAL LIABILITY
CLAIMS.MAOE X OCCUR
x 553?3,55091
EACH OCCURRENCE 3
DAMAGE TO REI{IED
PREMISES (Ea o9q.4rs!!d S
MEO EXP (Any or'e!ds) _ $
PERSONAL A ADV INJURY I
GENERAT AGGREGqTE _!
PROOUCTS. COMP/OP AGG S
Hn€d & Nonownod Liability 3
1 , 000 ,000
300 ,000
10 ,000
1, 000 , o0o
2 ,000, 000
2 , ooo, ooo
1 ,0o0,000
x t 4 4 639-5?753350- 16 3/1/2016
GEN'L AGGREGATE LIMIT APPLIES PERX poLrcv 5$"i Loc
OTHER
AUTOMOBILE LIAEIfITY M AINE $ 1,000,000{)
A x nrry euro
ALL O\M{EO
, AUTOS
HIREOAUTOS
X Bs3o3 79516
BODIIY INJURY (Pr pelson)
3/r/201,6 3/1,/2017 BOOILY INJURY (Pd ecrd€nl)
pRopEitiy oAtrtAGE
(Psr a..a6!r)
s
SCHEOULEO
AUTOS
NONOv\/lTEO
AUTOS
49-7s3,360-00 s
s
S
X UiIERELI.A LIAB
EXCESS LlAA
OCCUR EACH OCCURRENCE
AGGREGATE
$5 , ooo, ooo
5, 000 ,000A49-753360-01 3/L/20t6 3/\/ZO!7
o x nerclrnor s
I/VORl<ERS COIIPENSATION
AND EM PLOYERS' LIAAILITY
ANY PROPR ETOR/PARTNER/EXECUTIVE
OFFICERA,IEMBER EXCLUDEO'
^ STATUTE ER
E L EACH ACCIDENT $
IIIIZUL6 IILIZV).' ET OISEASE. EAEMPLOYEE 5
E t otsEAsE - Pot,tcY LtMtT s
B 582913
DFSCRIPTION OF OPFRA N
OESC RIPTION OF OPERATIONS / LOCAiIONS / VEHICLES {ACORO I 01 , Addition.l Rom.rtt S.h.dol., D.y tf, .tt.ch.d if morc !p.c. r. r!quh.d)RE: WRRP OutfaII Pipe Riprap Ext€nsi.on, project 1110055.F
CERTIFICATE HOLOER CANCELLATION
City of Meridian
& A11 Others Requiled by Written Contract
33 E Broadway Avel'lelidian, ID A3642
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE wlLL BE OELIVEREO IN
ACCORDANCE wlTH THE POLICY PROVISIONS.
AUTI]ORIZEO REPRESENTATIVE
Alyshia Gamlcle/AG AAdahAu -r4alqh-.-
O 1988-2014 ACORD CORPORATION. All rights roserved.
Ths ACORD name and logo ar€ registered marks ofACORD
A
ACORD 25 (20't4l01)
lNS025(201aoi)l!
18988
36129
3/A/20t1
500,000
500,000
@
CTRAKiT Page 1 of I
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IDAHO SECRETARY OF STATE
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Lawerence Denney, Secretary of State
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STAR CONSTRUCTTON, L.L.C.
PO BOX 157
STAR, ID 83669
Type of Business: LIMITED LIABILITY COMPANY
Status: EXISTING
State of Oragin: IDAHO
Date of 25 Jul 1999
Origination/Authorization:
Current Registered Agent: ANCIL A IRMINGER
2262 W SANTA CLARA
MERIDIAN, ID 83642
File Number: W9387
Date of Last Annual Reporti 25 May 2016
Annual Report Due3 )ul 2017
Original Filing:
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