HomeMy WebLinkAboutFatbeam LLC Construction Fiber Optic Conduit and Cable Docusign Envelope ID:7823E615-4F72-446A-BD2C-D09F51 FD3DDC
First Amendment to Contract for Public Works Construction
This first amendment to is to incorporate this language into the Contract for Public Works Construction entered
into on December 15, 2025, by and between Fatbeam, LLC ("Fatbeam") and City of Meridian("Customer") is
effective on December 15, 2025 ("First Amendment"). Unless otherwise defined herein, capitalized terms shall
have the same meaning as defined in the Contract for Public Works Construction.
RECITALS
WHEREAS, Fatbeam and Customer are parties to the Terms which is attached to and incorporated into that
certain Contract for Public Works Construction entered into on December 15, 2025 ("Agreement");
WHEREAS, Fatbeam and Customer seek to amend the Agreement to document the specific needs of the Parties,
as more fully provided below.
NOW,THEREFORE, in consideration of the foregoing, Fatbeam and Customer hereby agree as follows:
1. Addition of Langauge:
1. Any deviation from the proposed alignment that results in entering hard-surface areas (asphalt,
concrete, or similar) must trigger an approved change order prior to execution.
Hard-surface restoration significantly increases cost and risk, and this needs to be contractually
protected under the "not-to-exceed" structure.
2. The City must take full responsibility for locating all buried facilities on City-owned or City-
maintained property that fall outside the jurisdiction of 811.
This includes any municipally installed irrigation lines, lighting, conduit, or other unregistered
facilities. Fatbeam cannot be liable for damages caused by facilities the City has not formally
identified or mapped.
2. Agreement in Full Force and Effect. Except as provided above, the Agreement is unmodified hereby and
remains in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this document as of the date and year first above written.
FATBEAM, LLC City of Meridian Signature. ar Ta 'fI��(hr Signature: �I�A. waffs
Name: Graham Taylor Name: Keith Watts
Title: Director of Public Sector Title: Procurement Manager
Date: 1/30/2026 1 14:43 PST Date: 2/2/2026 1 06:33 PST
d docusign.
Certificate Of Completion
Envelope Id:7823E615-4F72-446A-BD2C-D09F51 FD3DDC Status:Completed
Subject:Complete with Docusign: First Amendment to Contract for Public Works Construction City of Merid...
Source Envelope:
Document Pages: 1 Signatures:2 Envelope Originator:
Certificate Pages:5 Initials:0 Stacy Standy
AutoNav: Enabled 2065 W. Riverstone Dr.
Envelopeld Stamping: Enabled Ste.202
Time Zone: (UTC-08:00)Pacific Time(US&Canada) Coeur d'Alene, ID 83814
stacy@fatbeam.com
IP Address:50.37.138.54
Record Tracking
Status:Original Holder:Stacy Standy Location: DocuSign
1/30/2026 2:13:15 PM stacy@fatbeam.com
Signer Events Signature Timestamp
Graham Taylor Sent: 1/30/2026 2:15:50 PM
graham@fatbeam.com fia��br Viewed: 1/30/2026 2:43:30 PM
Director of Public Sector Signed: 1/30/2026 2:43:38 PM
Fatbeam
Security Level: Email,Account Authentication Signature Adoption: Pre-selected Style
(None) Using IP Address:
2603:90d8:2040:ad:490f:b34a:e3a9:f5d7
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Keith Watts Sent: 1/30/2026 2:43:39 PM
kwatts@meridiancity.org Viewed:2/2/2026 6:32:50 AM
Procurement Manager Signed:2/2/2026 6:33:09 AM
Security Level: Email,Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address:67.215.37.2
Electronic Record and Signature Disclosure:
Accepted:2/2/2026 6:32:50 AM
ID:bd6ad2a0-184d-4731-98b6-60793bc42a9b
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 1/30/2026 2:15:50 PM
Envelope Summary Events Status Timestamps
Certified Delivered Security Checked 2/2/2026 6:32:50 AM
Signing Complete Security Checked 2/2/2026 6:33:09 AM
Completed Security Checked 2/2/2026 6:33:09 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on:8/20/2014 3:31:40 PM
Parties agreed to:Keith Watts
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, DocuSign Ink(we, us or Company) may be required by law to provide to you
certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through the DocuSign, Inc.
(DocuSign) electronic signing system. Please read the information below carefully and
thoroughly, and if you can access this information electronically to your satisfaction and agree to
these terms and conditions, please confirm your agreement by clicking the `I agree' button at the
bottom of this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after signing session and, if you
elect to create a DocuSign signer account, you may access them for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.00 per-page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign `Withdraw Consent' form on the signing page of a
DocuSign envelope instead of signing it. This will indicate to us that you have withdrawn your
consent to receive required notices and disclosures electronically from us and you will no longer
be able to use the DocuSign system to receive required notices and consents electronically from
us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact DocuSign Ink:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: robert@fatbeam.com
To advise DocuSign Ink of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at robert@fatbeam.com and in the
body of such request you must state: your previous e-mail address, your new e-mail address. We
do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc. to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in the DocuSign system.
To request paper copies from DocuSign Ink
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to robert@fatbeam.com and in the body
of such request you must state your e-mail address, full name, US Postal address, and telephone
number. We will bill you for any fees at that time, if any.
To withdraw your consent with DocuSign Ink
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign session, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to robert@fatbeam.com and in the body of such request you must
state your e-mail, full name, US Postal Address, and telephone number. We do not need
any other information from you to withdraw consent.. The consequences of your
withdrawing consent for online documents will be that transactions may take a longer time
to process..
Required hardware and software
Operating Systems: Windows@ 2000, Windows@ XP, Windows
Vista@; Mac OSO X
Browsers: Final release versions of Internet Explorer@ 6.0
or above (Windows only); Mozilla Firefox 2.0
or above (Windows and Mac); SafariTM 3.0 or
above (Mac only)
PDF Reader: Acrobat@ or similar software may be required
to view and print PDF files
Screen Resolution: 800 x 600 minimum
Enabled Security Settings: Allow per session cookies
** These minimum requirements are subject to change. If these requirements change, you will be
asked to re-accept the disclosure. Pre-release (e.g. beta) versions of operating systems and
browsers are not supported.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you were
able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to e-mail
this disclosure and consent to an address where you will be able to print on paper or save it for
your future reference and access. Further, if you consent to receiving notices and disclosures
exclusively in electronic format on the terms and conditions described above, please let us know
by clicking the `I agree' button below.
By checking the `I agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify DocuSign Ink as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by DocuSign Ink during the course of my relationship with you.
Docusign Envelope ID:44COFD21-ACB2-43AE-B31E-5915DE392D1C
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
FIBER OPTIC CONDUIT AND CABLE
PROJECT # 11574.A
THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this of
November, 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, Fatbeam LLC hereinafter referred to as
"Contractor", whose business address is 10350 W Emerald St. Boise, Idaho 83704 and whose
Public Works Contractor License # is C- 063827.
INTRODUCTION
Whereas, the City has a need for services involving Fiber Optic Fiber
Construction; 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,
Project Name: Fiber Optic Conduit and Cable page 1 of 14
Project # 11574.a
Docusign Envelope ID:44COFD21-ACB2-43AE-B31E-5915DE392D1C
state and City laws, ordinances, regulations and resolutions. The Contractor
represents and warrants that it will perform its work in accordance with generally
accepted industry standards and practices for the profession or professions that
are used in performance of this Agreement and that are in effect at the time of
performance of this Agreement. Except for that representation and any
representations made or contained in any proposal submitted by the Contractor
and any reports or opinions prepared or issued as part of the work performed by
the Contractor under this Agreement, Contractor makes no other warranties, either
express or implied, as part of this Agreement.
1.4 Services and work provided by the Contractor at the City's request under this
Agreement will be performed in a timely manner in accordance with a Schedule of
Work, which the parties hereto shall agree to. The Schedule of Work may be
revised from time to time upon mutual written consent of the parties.
2. Consideration
2.1 The Contractor shall be compensated on a Not-To-Exceed basis as provided
in Exhibit B "Payment Schedule" attached hereto and by reference made a part
hereof for the Not-To-Exceed amount of$589,000.00.
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
Project Name: Fiber Optic Conduit and Cable page 2 of 14
Project # 11574.a
Docusign Envelope ID:44COFD21-ACB2-43AE-B31E-5915DE392D1C
giving written notification to Contractor.
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. Termination:
4.1 If, through any cause, Contractor, its officers, employees, or agents fails to
fulfill in a timely and proper manner its obligations under this Agreement, violates
any of the covenants, agreements, or stipulations of this Agreement, falsifies any
record or document required to be prepared under this agreement, engages in
fraud, dishonesty, or any other act of misconduct in the performance of this
contract, or if 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.
4.2 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
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.
5. Independent Contractor:
5.1 In all matters pertaining to this agreement, Contractor shall be acting as an
independent Contractor, and neither Contractor nor any officer, 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.
5.2 Contractor, its agents, officers, and employees are and at all times during the
term of this Agreement shall represent and conduct themselves as independent
Contractors and not as employees of the City.
Project Name: Fiber Optic Conduit and Cable page 3 of 14
Project # 11574.a
Docusign Envelope ID:44COFD21-ACB2-43AE-B31E-5915DE392D1C
5.3 Contractor shall determine the method, details and means of performing the
work and services to be provided by Contractor under this Agreement. Contractor
shall be responsible to City only for the requirements and results specified in this
Agreement and, except as expressly provided in this Agreement, shall not be
subjected to City's control with respect to the physical action or activities of
Contractor in fulfillment of this Agreement. If in the performance of this Agreement
any third persons are employed by Contractor, such persons shall be entirely and
exclusively under the direction and supervision and control of the Contractor.
6. SubContractors:
Contractor shall require that all of its sub-Contractors be licensed per State of Idaho
Statute # 54-1901 & 54-1902.
7. 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.
8. Indemnification and Insurance:
8.1 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
and losses and expenses and other costs including litigation costs and attorney's
fees, arising out of, resulting from, or in connection with the performance of this
Agreement by the Contractor, its servants, agents, officers, employees, guests,
and business invitees, and not caused by or arising out of the tortious conduct of
City or its employees. Contractor shall maintain, and specifically agrees that it will
maintain, throughout the term of this Agreement, 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 incident or 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
Project Name: Fiber Optic Conduit and Cable page 4 of 14
Project # 11574.a
Docusign Envelope ID:44COFD21-ACB2-43AE-B31E-5915DE392D1C
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 Purchasing Agent with a copy to Meridian City Accounting, 33 East
Broadway Avenue, Meridian, Idaho 83642.
8.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating
of no less than A-.
8.3 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.
8.4 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.
8.5 The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
8.6 All insurance coverages for subcontractors shall be subject to all of the
insurance and indemnity requirements stated herein.
8.7 The limits of insurance described herein shall not limit the liability of the
Contractor and Contractor's agents, representatives, employees or su bContractors.
9. 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.
10. Bonds:
Payment and Performance Bonds are required on all Public Works Improvement
Projects per the ISPWC and the City of Meridian Supplemental Specifications &
Project Name: Fiber Optic Conduit and Cable page 5 of 14
Project # 11574.a
Docusign Envelope ID:44COFD21-ACB2-43AE-B31E-5915DE392D1C
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.
11. 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.
12. 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.
13. 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.
14. 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/environmenta1.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
Project Name: Fiber Optic Conduit and Cable page 6 of 14
Project # 11574.a
Docusign Envelope ID:44COFD21-ACB2-43AE-B31E-5915DE392D1C
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.
15. 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.
16. Reports and Information:
16.1 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.
16.2 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.
17. 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.
18. 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.
19. Equal Employment Opportunity:
In performing the work herein, Contractor agrees to comply with the provisions of
Project Name: Fiber Optic Conduit and Cable page 7 of 14
Project # 11574.a
Docusign Envelope ID:44COFD21-ACB2-43AE-B31E-5915DE392D1C
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.
20. 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.
21. Advice of Attorney:
Each party warrants and represents that in executing this Agreement. It has
received independent legal advice from its attorney's or the opportunity to seek such
advice.
22. 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.
23. 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.
24. 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
Project Name: Fiber Optic Conduit and Cable page 8 of 14
Project # 11574.a
Docusign Envelope ID:44COFD21-ACB2-43AE-B31E-5915DE392D1C
Agreement is modified as provided above.
25. 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.
26. 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.
27. 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.
28. 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.
29. Order of Precedence:
The order or precedence shall be the contract agreement, the Invitation to Bid
document, then the winning bidders submitted bid document.
30. 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.
Project Name: Fiber Optic Conduit and Cable page 9 of 14
Project # 11574.a
Docusign Envelope ID:44COFD21-ACB2-43AE-B31E-5915DE392D1C
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.
31. 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:
SW. Contractor:
City of Meridian Fatbeam LLC
Procurement Manager Attn: Graham Taylor
33 E Broadway Ave. 10350 W Emerald St.
Meridian, ID 83642 Boise, ID 83704
208-489-0417 Phone: 208-889-2436
Email: graham@fatbeam.com
Idaho Public Works License #: 063827
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.
32. Approval Required:
This Agreement shall not become effective or binding until approved by the City of
Meridian.
CITY OF MERIDIAN: FATBEAM LLC:
BY: �41BY:
KEI WATTS, Procurement Manger GRAHAM TAYLOR
DATED: 12/16/2025 DATED: 12/15/2025 1 12:45 PST
Project Name: Fiber Optic Conduit and Cable page 10 of 14
Project # 11574.a
Docusign Envelope ID:44COFD21-ACB2-43AE-B31E-5915DE392D1C
Approved by Council Date: (if needed)
12/9/2025
Project Manager
Eli Daniels
Project Name: Fiber Optic Conduit and Cable page 11 of 14
Project# 11574.a
Docusign Envelope ID:44COFD21-ACB2-43AE-B31E-5915DE392D1C
EXHIBIT A
SCOPE OF WORK
REFER TO INVITATION TO BID (BID NUMBER) ALL ADDENDUMS,
ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid
Package # (IT-2534-11574.a), 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 Provision for Fiber Optic Cable & Conduit by
Civil Survey Consultants, Inc. (39 pages)
• Construction Plans for Fiber Optic Cable & Conduit by
Civil Survey Consultants, Inc. (22 pages)
The City will consider purchasing the bidders existing empty conduit if any
exists. The total number of linear feet of conduit required is 13,346'. The bidder
may use any combination of existing and new conduit to make this total up.
Project Name: Fiber Optic Conduit and Cable page 12 of 14
Project # 11574.a
Docusign Envelope ID:44COFD21-ACB2-43AE-B31E-5915DE392D1C
EXHIBIT B
MILESTONE / PAYMENT SCHEDULE
A. Total and complete compensation for this Agreement shall not exceed $589,000.00.
MILESTONE DATES/SCHEDULE
Milestone 1 Substantial Completion June 1, 2026
Milestone 2 Final Completion July 1, 2026
PRICING SCHEDULE
Contract includes furnishing all labor, materials, equipment and incidentals as required for the
PROJECT NAME Project per ITB BID # IT-2534-11574.a.
NOT-TO-EXCEED AMOUNT.............................................$589,000.00
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
308.4.1.A.1. „O 3/8"THICK STEEL CASING PIPE BORING AND 60 LF $92.00
JACKING
1001.4.1.A.1. SEDIMENTCONTROL 1 LS $0.00
1006.4.1.C.1. INLET PROTECTION 23 EA $300.00
1102.4.1.E.1. 2"FIBER OPTIC CONDUIT WITH LOCATE WIRE 13,346 LF $44.13
Alternate In Place 2"FIBER OPTIC CONDUIT WITH LOCATE WIRE LF N/A
1102.4.1.F.1. FIBER OPTIC JUNCTION BOX 34 EA $400.00
1103.4.1.A.1.a CONSTRUCTION TRAFFIC CONTROL(Site 1) 1 LS $0.00
1103.4.1.A.1.b CONSTRUCTION TRAFFIC CONTROL(Site 2) 1 LS $0.00
1103.4.1.A.1.c CONSTRUCTION TRAFFIC CONTROL(Site 3) 1 LS $0.00
1103.4.1.A.1.d CONSTRUCTION TRAFFIC CONTROL(Site 4) 1 LS $0.00
1103.4.1.A.1.e CONSTRUCTION TRAFFIC CONTROL(Site 5) 1 LS $0.00
1103.4.1.A.1.f CONSTRUCTION TRAFFIC CONTROL(Site 6) 1 LS $0.00
2010.4.1.A.1.a MOBILIZATION(Site 1) 1 LS $11,755.00
2010.4.1.A.1.b MOBILIZATION(Site 2) 1 LS $11,755.00
2010.4.1.A.1.c MOBILIZATION(Site 3) 1 LS $11,755.00
2010.4.1.A.1.d MOBILIZATION(Site4) 1 LS $11,755.00
2010.4.1.A.1.e MOBILIZATION(Site 5) 1 LS $11,755.00
Project Name: Fiber Optic Conduit and Cable page 13 of 14
Project # 11574.a
Docusign Envelope ID:44COFD21-ACB2-43AE-B31E-5915DE392D1C
2010.4.1.A.1.f MOBILIZATION(Site 6) 1 LS $11,755.00
SP-1 FIBER OPTIC CABLE 12,717 LF $1.91
SP-2.a PARKS MAINTENANCE FACILITY CONNECTION 1 EA $75,408.00
SP-2.b SETTLERS PARK CONNECTION 3 EA $75,408.00
SP-2.c MERIDIAN POOL CONNECTION 1 EA $75,408.00
SP-2.d MERIDIAN WATERTOWER CONNECTION 1 EA $75,408.00
SP-3 RAILROAD FLAGGING ALLOWANCE 1 LS $15,712.00
Project Name: Fiber Optic Conduit and Cable page 14 of 14
Project# 11574.a