STAR CONSTRUCTION, LLC for the WELL 29 PUMPING FACILITYCONTRACT FOR PUBLIC WORKS CONSTRUCTION
WELL 29 PUMPING FACILITY - CONSTRUCTION
PROJECT # 10461.1
THl CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this
day of Mzry, 2017, and entered into by and between the City of Meridian, a municipal
corpora ion organized under the laws of the State of Idaho, hereinafter referred to as
"CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Star Construction, LLC.,
hereinafter referred to as "CONTRACTOR", whose business address is PO Box 157 Star,
ID 83699 and whose Public Works Contractor License # is C -14428 -AAA -4.
INTRODUCTION
Whereas, the City has a need for services involving WELL 29 PUMPING
FACILITY - 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,
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Project 10461.1
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 th is
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 shallbe 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 $.?f!,1}[0,
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 add itional 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 lhe 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.
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3.2 Should Contractor default in the performance of this Agreement or materially
breach any of its provisions, City, at City's option, may terminate this Agreement by
giving written notification to Contractor.
3.3 Should City fail to pay Contractor all or any part of the compensation set forth
in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's
option, may terminate this Agreement if the failure is not remedied by the City
within thirty (30) days from the date payment is due.
4. Liquidated Damages:
Substantial Completion shall be accomplished within 150 (one hundred fifty)
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 180 (one hundred
eighty) calendar days to complete the work as described herein. Contractor shall
be liable to the City for any delay beyond this time period in the amount of $500.00
(five hundred dollars) per calendar day. Such payment shall be construed to be
liquidated damages by the Contractor in lieu of any claim or damage because of
such delay and not be construed as a penalty. See Milestones listed in the
Payment Schedule for Substantial Completion.
5. Termination:
5.'1 lf, through any cause, CONTRACTOR, its officers, employees, or agents fails
to fulfill in a timely and proper manner its obligations underthis 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 al 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 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.
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5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to
the CITY for damages sustained by the CITY by virtue of any breach of this
Agreement by CONTRACTOR, and the CITY may withhold any payments to
CONTRACTOR for the purposes of seloff 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.
6.1 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 all times during the
term of this Agreement shall represent and conduct themselves as independent
contractors and not as employees of the City.
6.3 Contractor shall determine the method, details and means of performing the
work and services to be provided by Contractor under this Agreement. Contractor
shall be responsible to City only for the requirements and results specified in this
Agreement and, except as expressly provided in this Agreement, shall not be
subjected to City's control with respect to the physical action or activities of
Contractor in fulfillment of this Agreement. 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
Statute # 54-1901
L Removal of Unsatisfactory Employees:
The contractor shall only furnish employees who are competent and skilled forwork
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 othenrise unsatisfactory, that employee shall be removed from ail
work under this contract.
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6. lndependentContractor:
9.'1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's
elected officials, officers, employees, agents, and volunteers from and for any and
all losses, claims, actions, judgments for damages, or injury to persons or property
and losses and expenses and other costs including litigation costs and attorney's
fees, arising out of, resulting from, or in connection with the performance of this
Agreement by the CONTRACTOR, its servants, agents, officers, employees,
guests, and business invitees, and not caused by or arising out of the tortious
conduct of CITY or its employees. CONTRACTOR shall maintain. and soecificallv
aqrees that it will maintain, throuqhout the term of this Aqreement, liability
tnsurance in which the CITY shall be named an additional insured in the minimum
amounts as follow: General Liabil ity One Million Dollars ($ 1 ,000,000) per incident
or occurrence, Automobile Liability lnsurance One Million Dollars ($'l ,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 destruction 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 insurerwith a Best's rating
of no less than A-.
9.3 Any deductibles, self-insured retention, or named insureds must be declared
in writing and approved by the City. At the option of the City, either: the insurer
shall reduce or eliminate such deductibles, self-insured retentions or named
insureds; or the Contractor shall provide a bond, cash or letter of credit
guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
9.4 To the extent of the indemnity in this contract, Contractor,s Insurance
coverage shall be primary insurance regarding the city's elected officers, officials,
employees and volunteers. Any insurance or self-insurance maintained by the city
WELL 29 FACILITY - CONSTRUCTION
Prqect 10461.r Page 5 of '15
9. lndemnification and lnsurance:
or the City's elected officers, officials, employees and volunteers shall be excess of
the Contractor's insurance and shall not contribute with Contractor's insurance
except as to the extent of City's negligence.
9.5 The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
9.6 All insurance coverages for subcontractors shall be subject to all of the
insurance and indemnity requirements stated herein.
9.7 The limits of insurance described herein shall not limit the liability of the
Contractor and Contractor's agents, representatives, employees or subcontractors.
10. Time is of the Essence:
The parties hereto acknowledge and agree that time is strictly of the essence with
respect to each and every term, condition and provision hereof, and that the failure
to timely perform any of the obligations hereunder shall constitute a breach of, and
a default under, this Agreement by the party so failing to perform.
11. Bonds:
Payment and Performance Bonds are required on all Public Works 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 contractor and/or surety will be liable and assessed for any
and all costs for the re-procurement of the contract services.
12. Warranty:
All construction and equipment provided under this agreement shall be warranted
for 2 years from the date of the City of Meridian acceptance per the ISPWC and the
Meridian Supplemental Specifications & Drawings to the ISPWC and any
modifications, which by this reference are made a part hereof.
All items found to be defective during a warranty inspection and subsequently
corrected will require an additional two (2) year warranty from the date of City's
acceptance of the corrected work.
'13. Changes:
The CITY may, from time to time, request changes in the Scope of Work to be
performed hereunder. such changes, including any increase or decrease in the
amount of CONTRACTOR'S compensation, which are mutually agreed upon by andWELL 29 FACILITY _ CONSTRUCTION
Prorect'10461.r Page 6 of 15
between the CITY and CONTRACTOR, shall be incorporated in written
amendments which shall be executed with the same formalities as this Agreement.
14. Taxes:
The City of Meridian is exempt from Federal and Slate 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. Meridian StormwaterSpecifications:
Contractor shall retain all stormwater and erosion control documentation generated
on site during construction including the SWPPP manual, field inspections and
amendments. Prior to final acceptance of the job by the City the contractor shall
return the field SWPPP manual and field inspection documents to the City for
review. A completed Contractor Request to File Project N.O.T. with the EPA form
shall be provided to the City with the documents. These documents shall be
reta ined, reviewed and approved by the City prior to fina I 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 Contractois 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 Al such times and in such forms as the CITY may require, there shall be
furnished to the CITY such statements, records, reports, data and information as
the CITY may request pertaining to matters covered by this Agreement.
17.2 Contaclor shall maintain all writings, documents and records prepared or
compiled in connection with the performance of this Agreement for a minimum offour (4) years from the termination or compretion of this or Agreement. Thisincludes any handwriting, typewriting, printing, photo sta c, photographic and every
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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: htto://www.meridiancitv.orq/environmental.aspx?id=1 361 8.
other means of recording upon any tangible thing, any form of communication or
representation including letters, words, pictures, sounds or symbols or any
combination thereof.
18. Audits and 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 of Material:
No material produced in whole or in part under this Agreement shall be subject to
copyright in the United States or in any other country. The CITY shall have
unrestricted authority to publish, disclose and otherwise use, in whole or in part, any
reports, data or other materials prepared under this Agreement.
20. Equal Employment Opportunity:
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, national origin, age, political
affiliation, marital status, or handicap. ln performing the Work required herein,
CONTRACTOR shall not unlavrrfully discriminate in violation of any federal, state or
local law, rule or regulation against any person on the basis of race, color, religion,
sex, national origin or ancestry, age or disability.
21. Employment of Bona Fide ldaho Residents:
Contractor must comply with ldaho State Statute 44-1002 which states that the
Contractor employ ninety-five percent (95%) bona fide ldaho residents.
22. Advice of Attorney:
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Each party warrants and represents that in executing this Agreement. lt has
received independent legal advice from its attorney's or the opportunity to seek such
advice.
23. Attorney Fees:
Should any litigation be commenced between the parties hereto concerning this
Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorneys'fees as determined by a
Court of competent jurisdiction. This provision shall be deemed to be a separate
contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
24. 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.
25. Waiver of Default:
Waiver of default by either party to this Agreement shall not be deemed to be waiver
of any subsequent default. Waiver or breach of any provision of this Agreement
shall not be deemed to be a waiver of any other or subsequent breach, and shall
not be construed to be a modification of the terms of this Agreement unless this
Agreement is modified as provided above.
26. Entire Agreement:
This Agreement contains the entire agreement of the parties and supersedes any
and all other agreements or understandings, oral of written, whether previous to the
execution hereof or contemporaneous herewith.
27. Assignment:
It is expressly agreed and understood by the parties hereto, that CONTRACTOR
shall not have the right to assign, transfer, hypothecate or sell any of its rights under
this Agreement except upon the prior express written consent of CITY.
28. Payment Request:
Payment requests shall be submitted to City of Meridian through the City's project
management software. The Project Manager will compare the invoice against the
Payment Schedule in the Agreement for compliance. Upon approval that the work
has been done and is in compliance with the Agreement, the Project Manager will
approve the pay request for processing. City of Meridian payment terms are Net 30
from the date City receives a correct invoice. Final payment will not be released
until the City has received a tax release from the Tax Commission.
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29. Cleanup:
Contractor shall keep the worksite clean and free from debris. At completion of
work and prior to requesting final inspection, the Contractor shall remove all traces
of waste materials and debris resulting from the work. Final payment will not be
made if cleanup has not been performed.
30. Order of Precedence:
The order or precedence shall be the contract agreement, the 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:
33. Notices:
CITY CONTRACTOR
City of Meridian
Purchasing Manager
33 E Broadway Ave
Meridian, lD 83642
208-489-0417
STAR CONSTRUCTION, LLC.
Attn. Ancil lrminger
PO Box 157
Star, lD 83669
Phone: 208-286-9198
Email: starconstructionllc@gmail.com
ldaho Public Works License #1 'l 184-AAA-4
Either party may change their address for the purpose of this paragraph by giving
written notice of such change to the other in the manner herein provided.
34. Approval Required:
This Agreement shall not become effective or binding until approved by the city of
Merid ian.
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Project 10461.1
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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.
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:
Dated: 6l 6 Z Ch7_
Approved by Council:
Attest:
C.JAY LES ITY CLERK M
Purchasing Approval r`
BY:
KEITH S, u ha;sing Manager
Dated:
:—
Project Manager
BRENT BLAKE
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Project 10461,1
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Star Canstrun, LLC
ANCIL IRM }
BY:
Dated: �� /F
DRAT
47�E� `r�Ap roval
BY:WAN STEWART, ity Engineer
Dated::'` /7
EXHIBIT A
SCOPE OF WORK
REFER TO INVITATION TO BID PW-1731-10461.I
ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the
lnvitation to Bid Package # PW-1731 -10461 .1, 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 Sfandards for Public Works Construction (ISPWC), the 201 3
City of Meridian Supplemental Specifications to the ISPWC (and any
Addendums).
See separate attached documents:
PLANS NAME BY SPF Water Engineering dated March 22,
2017 lesofpages)
SPECIAL PROVISIONS/TECH N ICAL SPEC I FICATIONS by
SPF Water Engineering dated January 2017 <sl of pages)
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Project 10461.1
a
a
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Exhibit B
MILESTONE / PAYMENT SCHEDULE
A. Total and complete compensation for this Agreement shall not exceed $776,045
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Project 10461.1
MILESTONE DATES/SCHEDULE
Substantial Completion 60 Days from Notice to Proceed
90 Days from Notice to Proceed
PRICING SCHEDULE
Contract includes furnishing all labor, materials, equipment, and incidentals as required for the
WELL 29 PUMPING FACILITY - CONSTRUCTION per IFB PW-1 731-10461 .l
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.
GENERAL REQUIREMENTS contract Pricing Schedule
Item No.Oescription Quantity Unit Unit Price
Ivlobilization/Demobilization LS $48,763.00
2 Submittals/Asset manaqement 1 LS $1,800.00
3 O&M Manuals 1 LS $1,500.00
SITEWORK Contract Pricing Schedule
Item No.Description Quantity Unit
1 Erosion and Sediment Control 1 LS $700.00
2 Site Clearing, Grubbing, Grading (Excavation /
Fir)LS $7.000.00
3 Asphalt Pavement with Base $28,468.00
4 Permeable Pavers with Base and Border 1 L5 $41,769.00
5 Concrete Curb 1 LS $12,038.00
6 Washed Gravel Stabilization 1 LS $750.00
7
Fence with Swin g Gate and Man Gate
1 LS $5,200 00
8 1 $76,'100.00
1 tS $3,100.00
10 Floor Drain Sump 1 LS s1,400.00
Electrical J-Box and Communication Vault LS $2.000.00
12 Uqqholes (2); One with Screen 1 LS $8,000.00
13 Test Well lnsulated Cover LS $600 00
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Milestone'l
Milestone 2 Final Completion
NOT TO EXCEED CONTRACT TOTAL.$776-0!15-00
1 1
Unit Price
1
1
Gravel Access Roads
LSIFence Removal
11 1
I
14 Concrete Generator Pad and Privacy Fence 1 $5.500.00
YARD PIPING AND VALVES contract Pricing Schedule
Item No.Description Quantity Unit Unit Price
1 12-lN Ductile lron Pipe 1 LS $9,600.00
2 8-in Ductale lron Pipe 1 LS $2.400.00
3 12-in C900 PVC Pipe 1 LS $7.000.00
4 4-in PVC and Cast lron Drain Piping 1 LS $6.000.00
5 15-in PVC Gravity Flush Line with Outfall 1 tc $17,500.00
b 1.s-in PE Utility Service Line 1 LS $2,000.00
7 Ductile lron Fittinqs with Thrust Blocks 1 LS $9,000.00
8 12-in Gate Valves with Valve Boxes 1 LS $6,400.00
9 8-in Globe Valve with Vault 1 LS $12,062.00
10 Water Service Connection with Meter Box 1 LS $4,300.00
11 Relocate Force l/ain if Flush Line Conflict 1 LS $450.00
WELL HOUSE BUILDING contract Pricing schedule
Item No.Oescription Quantity Unit Unit Price
1 Well House Building, Complete I LS $84,000.00
2 Concrete Work lncluding Foundation, Floor,
Pump Pedestal 1 LS $1 1,000.00
3 Buildinq HVAC 1 LS $15,870.00
MECHANICAL PIPING, FITTINGS, VALVES, AND EQUIPMENT
Contract Pricing Schedule
Item No.Description Quantity Unit Unit Price
1 '12-lN Ductile lron Pipe with Supports 1 L5 $5,000 00
2 8-rn Ductile lron Pipe with Supports 1 LS $1,200.00
3 6-in Ductile lron Pipe 1 LS $1,300.00
4 Ductile lron Fittinqs 1 LS $17,500.00
5 12-in Gate Valve 1 L5 $2.000.00
6 8-in Butterfly Valve 1 LS $1,000.00
7 2-in Airn /acuum Valves 1 LS $2,700.00
8 1 $2,000.00I12-in Globe Check Valve 1 LS $3,800 00
1 96.000.00
11 Misc. Equipment (Sample Taps, BallValves,
Etc.)1 tc $2,400.00
12 Pressure Transmitter and Ga uge 1 LS $2,500.00
13 Pump Pre-Lube with Solenoid 1 LS $1,400.00
14 LS $4,200.00
15 Utility Water Piping with Backflow Preventer 1 $2,000 00
1 LS s500.00
PUMPING SYSTEM contract prici ng Schedule
Item No.Description QuantiW Unit
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Project 10461.1
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2-in Combination Air Valve
10 8-in Pressure relief Valve
6-in Flow Meter 1
lo Shower and Eyewash
Unit Price
Vertical Turbine Pump 1 LS $41,300.00
2 Vertical Hollowshaft Motor, 30-hp 1 LS $9,000.00
3 Pump Column and Lineshaft 1 LS $15,340.00
4 Discharqe Head 1 LS s4,720.00
5 Sounding Tubes and Pressure Transducers 1 LS s2.360.00
CHLORINATION SYSTEM Contract Pricing Schedule
Description Quantity Unit Unit Price
1 Storage Tank with Appurtenances 1 LS $6,100.00
2 Chlorine Feed Pump 1 LS $4,000.00
3 Chlorine Analyzer 1 LS $12,000.00
4 Chlorine lniection includinq Tubinq and lniector 1 LS $2,000.00
ELECTRIGAL, INSTRUMENTAL AND CONTROL contract Pricing schedule
Item No Description Quantity Unit Unit Price
1 Electrical and Lighting 1 LS $30,495.00
2 30HP Variable Frequency Drive 1 LS $7.000.00
3 Harmonic Frlter 1 $4,720.00
4 HMI and PLC 1 LS $11,800.00
Electrical and Control Panels and Transformer 1 LS $23,600.00
6 Power Monitor, Level Transmitter, Motor
Sensors 1 LS $7,190.00
7 200kW Standby Generator and Transfer Switch 1 LS $85,200.00
8 Cellular Dialer 1 LS $0.00
o Yard Electrical (Conduit, Heat Tracing, Etc.)1 LS $21,000.00
WELL 29 FACILITY - CONSTRUCTION
POect 1046'1.1
page 15 of 15
1
Item No.
LS
E IDIAN
IDAHO BlD RESULTS
BID NAME:Well 29 Pum tn Facil - Construction DUE DATE & TIME: Ma 9,2017 2t30
VENDOR
!
,9
E
!
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cl
.o
BID AMOUNT
BI D N U M B E R PW 1 7 1 1 046 ,|I
Opened by:
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<-7^cLJt "t (r,t/tl t/(t// otf tt3c'>
t/L r't/1le ot15*
X ce.C,S r/,/83-rtr^fIrIrIIIIII
Attest:42
City Of ttelidian
Statement of Revenues and Expenditures - Rev and Exp Report - Sandra - unposted Transactions Included In Report
3490 - Wat6! Construction Projecte
60 - EnterpriBe trund
Etolil IA/7/2A16 Throogh 9 / 3A /201't
Budget rith Current Year
Actual
Capital Outfay
Welf 29 construction
Total Capital Outlay
9AA j 446.18
900,446.78
51-534L)2
51- 53 4=92
848,911.86
848,911.86
Buclget
Remaining
Budget
Remaining
96129
DEPT EXPENDITURES
TOTAL EXPENDITURES
94.282
94.28'.t
9O0, 446 -18
944,446.1t)
51, 534 -92 848,91lj8q
848,911.86
94.28'.r
5], 5]!:?2 94 -28+,(
(
Datet 4/ 12/I1 0.1:48:45 pU
A<.C,RI)'
5/L6/20\1
T H IS C ER T F CA T E ts IS SU E D AS MA T T ER o F N Fo R M T o N N L A N o co N F ERS N R G H TS U P o N TH E c E RT I F tcDOESNOT TE T H IFFRTIELYRNEGATtvELMENDEXTENDORTHEOVERAGEFFORDEDBTHEPOLcESELowTHIScERTIFICATEoFNsURANCEDoESNsTITUTEcoNTRACTBETWEENSSUNGINURER()RE P RES EN T T IVE o R T H E c ER T F c T E H L o ER.
M P o RT N T tf c erti fi c ate h d er is an D D IT toN L IN S U R ED the p icy (tes )ust be ndors ed I f S U B ROGAme T toN S E D s u bj e ct totheandconditionsofthepocvcrtactIpoesmavreqUanstatementthisnotconterltghtstthecertificatehodetIneuotsUchendrsemes
PROOUCER
Post, Insurance Serwj-cos, fnc.
2717 W. Bannoch St,.
P. O. Box 8{{7
Bois6 ID 93707
INSURED
Star Conatruction, LLC
PO Box 157
S tar rD 43669
COVERAGES CERTIFICATE NUMBER:201?-2018 REVISION NUMBER:
ftMtTs
T N s TOs Ec TR T THA HT E o c E os SN U N Ec LI TES D HA IVE EE N SS DEU THTO E M DENDTCADENoTHSNDNGANRTEl!.4 o R C No D T No OF oC TRACN oT R OT EN DOCR MU NEcRETTECIEsSEUoDRETHRANSUENCRoDDEaHTELIocsEEDcSR8EDHREENEXLUcsNoANscDNoDTtoNSooLCSESHot,N H VE DUCRE BYEO oSRsAOOLULIcPEscE
ABOVE FOR THE POLICY PERIOD
T WTH RESPECT TO WIIICH THIS
IS SUEJECT TO ALL THE TERMS.
EACH OCCURRENCE
DAMAGE ToRENTED
-e&Er,rlsEs !*' @rqnce)
MED EXP (An-,/ se pelson)
PERSONAL & AOV INJURY
GENERAL AGGREGAIE
PROOUCIS.] COM?/OP AGG
H r6d & Non{wn6d L6bility
14 4 63 9s7? 533 501?3 /a /20L1
A
x
Tu
3/! /20LA
X CO IERCIAL GENERAL LIABILIIY
CLAIMS MAOE X OCCL,R
x 55373,55091
1, 000 , 000
300,000
10 ,000
1,000,000
2 , 000,000
2, 000 , 000
1 ,000, 000
GEN't AGGREGATE LIMII APPUES PERx poucv 5A Loc
x
x
AIL OV1AIED
AUTOS
HIREOAUTOS
89303,79516
BOOILY INJURY (P6r p6Es)
BODIIY INJURY (Pd accdonD
PROPERTY OAI'AGE
4 97s336000
NE s
A s
AUIOMOBI!E LIABIIITY
3 /t /20t1 3/1/201ASCHEDULEO
AUTOS
NON.Ov!'IED
AUIOS
4975336001
oN$o
S
I
oEo x
X UMBRELLA LIAB
EXCESS LIAE
x . occuq
CLAIMS.MADE
5, 000 , 000
5,O00 , 000
WORKERS COiTPENSATION
AND EMPLOYERS' LIABILIT'Y
ANY PROPRIETOR?PARTNER/ExEcUT vE
OFF CERNt,EMBER EACLIJOED"
582 913B 1/1/2016 1/L/20t7
RIPTION OF
00 0
500 000
500, 000
HxSIAIUTEER
E L EACH ACCIDENT
E L OISEASE . EA EMPLOYEE 5
E.L DISEASE . POLICY IIMIT 5
oPERATIONS / LOCATTONS / VEHTCLES (ACORD 101, Addtdo..t R.m.rh s.h.d!t., m.y b. .tt ch.d It moE .p.c. t! rrqulrod)29 Pueping FaciLity - Construction, project lt1Oil61.I
OESCRIPIION OF
RE: Well
CERTIFICATE HOLDER CANCELLATION
City of Meridian
33 E Broadway AveMeridian, ID A3642
SHOULD ANY OF THE AAOVE OESCRIBED POLICIES BE CANCELLEO BEFORE
TXE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Alyshia Gardcle/Ac
O 1988-2014 ACORD CORPORATION. All rights reserved
Tho ACORD name and logo are registered marks of ACORD
\!\
ACORD 2s (20r4l01)
lNS025 (2o1ao1)
CERTIFICATE OF LIABILITY INSURANCE
ALTER
HOLDER.CERTIFICATE
NOT THE AUTHORIZEDANDPRODUCER,
the
terms endorsement.cartificate does
nsuRER(q aFFORDtNg COVERAGE
tNsuRER a Auto Own€:s Insurance
:Idaho State Insurance pund
f#,lol: 12oe):ra-oosr
Alyshia carnb]-€
(208 ) 33 5-5600
agambl€Gpostins. com
I r"t
,18984
lgstzg
INSIJRER C I
INSURER D :
REQUIREMENT,
BELOW INSUR ED
PERTAIN.
SUCH LIMITS BEEN CLAIMS
!
3
s
I
s
$
$
1, 000,000
$
s
EACH OCCURRENCE
3/1/20t1 alrlzore a666g6ArE
Y/N
I 500 |
Thls ondorgemont modifiss lnsuranca provid€d undor tho fullowing:
COMMEFCIAL GENERAL LIABILITY COVERAGE FORM.
A. Under SECTION tr - WHO ls AN |NSURED, the
bllowlng is added:
A poreon or orgsnlza on ls an Addhlonal lnsured,
only -wlth rosp€ct to liabiltty arislng out of "youiwort' for that Additlonal lneured by or for you:
1, ]f r€quirBd ln a wrinen contracl or agroemonh
or
Agenoy Code 39-00f I-00
t. The bllowlng provlslon ls added to 4. O!lo,
lnruranco:
Thls Insurance le primary for the Addhlonal
lnsurud, but onty whh r€sDect lo ltabllitv srla-
lng out of 'ypur work. foi tha mjlbial ln-
sured by or 6r you, Oher lnrurehir avs[.,
able to the Addltional lNurrd wlll arply agercoss lnsunnce and not contilbute-;d. prl_
mary lnsuranoe to the lnsurancr provlded'by
lhl6 ondorcement.
Pollcy Number 160639-i7?5ss60
OOMMERCIAL GEIIEBAL LT{BILTTY
5s3nl (t{7'a
THIS ENDORSEMENT CHAI{GES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITION'TL INSURED
e H rsq.ulrod by an oral conlract or agrcgmonl
only lf a Gertlfioate of lnsurance wis lssued
prlor to tho loss lndlcaflng thet the person or
organketlon wa8 an Addltlonal lnsurcd.
B. Under SECTION ttt - LIMIIS OF [itSURAt{CE, the
lbllowlng ls added:
e Thc bllowloo prcvlalon b add6d:
Otter Addnlotrst lnsutod Covrrrge fsouod Byui1
lf thls pollcy provldes coverage frr tha eameloss to any Addftlonal lneured epeolfcallv
chown as an Addlttonal lneurcd li another
endorssment to thls polloy, our maxlfium llmlt
of Insurance under thls endorsoment and anv
other ondorsemont shafi na "d;Jtilliliof insuranca lh lho wdtton cont act or asru€.
msnt bctweon tho lnsur€d and the owner] be-
s6o or contractor, or the lhitlt3 p,ovlded ln lhlspollcy, whlghever lr less. Our'maxlmum llmltof lngurance arlglng out of an .occunrncoo,
shall not ,xoeod the llmlt of lneunnce shown
ln lha Doclaratlone, regardleer of [he numbar
of lnsuods or Addltlohal lirur€d8.
All othor polloy terme and condlllons apply.
The llmits of liabllity for tho Additionsl lnsuGd ar6
those.spaclfiod ln the wrltten contract or agr€o-
mont betweon the lnsurod and the owner, leis€o
or contractor or those speomad In the Celtificate
of lnEuranoi. lf an oral contEct or agrEamsnt, not
to exceed tho llmlts provlded ln thls pollry. Thase
llmlte ara lncluslve of and not in aidhl6n to the
llmhs of lnsurance shown ln the Declarstions.
C. SECNOil lv. COMMERCIAL GEIERAL UABILTTY
COilDmONS. ts amendod as follows:
lncludes copyrlgited matsrlal oflnsuranoo S€ivlcos Ofice, lnc., wlth lts permleelon.
Copyright lnsuranca S6rylca! Omae, lno., 1984, e003.Paee llt
t
Performance Bond
CONTRACTOR:
(Natue, legaL status and address)
Star Construction, LLC
P.O Box 157
Star, lD 83669
OWNER:
(Ndme, legdl status and. address)
City of Meridian
33 East Broadway Ave.
Meridian, lO. 83642
CONSTRUCTION CONTRACT
Date: June 6, 2017
Amount: $776,045.00
Description:
(Name and location)
Well 29 Pumping Facility-Construction
BOND
Date: June 6, 2017
(Not earlier than Cotustruction Cotltract Ddte)
466q11. $776,045.00
Modilications to this Bond: I None
CONTRACTOR AS PRINCIPAL
Company:
Star Constructi
CNA;''=r. t ,' i
Bond No. 3001 1501
SURETY: Western Surety Company: South Dakota Corporation
(Name, legal status and. principol place
of 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 Seol )
]L.LLYI.
(Corporate Seal)
Signature Signature
Name,ANC-It- lLMtruCa Name N,4ary Jaquier
and Title:/t4NA G.INC4 Me ttBe E- and Title: Attorney-ln-F
(Any additionaL signaturcs dppeot otu the last page of this Performance Bond.)
(FOR INFORMATION ONLY - Nome, ad.dress and telephorle)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
posl lnsurance (Arcbitect, Engineer or other party:)
P.O Box 8447 SPF Water Engineering
Boise, lO 83707
Pinled in coopetation with the American lnstitute of Architects (AIA).
The language in lhis documenl confoms exactly to the language used in AIA Document A312 - Peiomance Bond - 2010 Edition ,|
s
I
:: .. \7
'.\.--tt--
s t The contractor and surety, jointly and severally, bind theEselves, their heils, executors, adEinistratlrs, successors
ind assigns to the O*.rer for the performance of the Construction Contract, which is incorporated herein by reference'
S 2 If the Contractor performs the Construction Contfact, the Surety and the Contlactor shall have no obligation under
ihis Bond, except when applicable to participate in a conference as provided in Section 3'
S 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise
after
.l the Owner hrst 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 Cootractor's performance lfthe Owoer does not
request a cooference, the Surety Eay, within five (5) business days after receipt of the Owne!'s notice'
request such a conference. Ifthe Surety timely lequests a conference, the Owner shall att€nd Unless
the owner agrees otherwise, any conference lequested uuder this section 3.1 shall be held within ten
(10) business days of the surety,s receipt of the owner's notice. If the owner, the contlactor and the
s,fety ag"ee, the contracto! shall be allowed a reasonable time to pelforo the construction contlact,
brrt such an agreement shall not waive the owner's right, if any, subsequently to declare a contractor
Default;
.2 the owner declares a cootractor Default, t€rminates the construction contract and notifies the surety;
and
.3 the owner has agreed to pay the Balance ofthe contract Price in accordance with the t€rms ofthe
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
$ 4 Failure on the partofthe Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure
t comply with a condition precedent to the Surety's obligations, or release the SuIety from its obligations, except to
the extent the Surety demonstrates actual piejudice.
$ 5 When the owner has satisfied the conditions ofsectioo 3, the Surety shall plomptly and at the surety's expense
take one of the following actions:
S 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract;
$ 5.2 Undertake to perform and coEplete the Construction Contract itself, through its agents or independent
contractors;
S 5.3 Obtain bids or negotiated proposale from qualified contractors acceptable to the Owner for a contract for
iu"fo"-a.r"" and completion of the Construction Contract, anange for a contract to be prepared for execution by the
bwner and a contractor selected with the Owner's concurrence, to be seculed with performance and payoent bonds
executed by a qualified gurety equivalent to the bonds issued on the Construction Contract, and pay t! the Owner the
amorrrrt of damages as described in Section 7 in excess of the Balance of the Contlact Price incurred by the Owner as
e result of the Contractor Default; or
$ 5.4 Waive its right to perform and complete, arrange for coEpletion, or obtain a new contractor and with reasonable
proEptness under the circumstances:
.,1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as
practicable after the amount is detelmined, make payment to the Owner; or
.2 Deny Iiability in whole or in part and notify the Owner, citing the reasons for denial'
S 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to
be in default on this Bond seven days afte! receipt of an additional written notice from the Owner to the Surety
demanding that the Surety pelform its obligations under this Bond, and the Owner shall be entitled to enforce aoy
remedy available to the Owner. Ifthe Surety proceeds as provided in Section 5.4, and the Owner refuses the payoent
or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
2
Printed in cooperalion with the American lnstitule of Archilecls (AlA).
The language in this document confoms exactly to the language used in AIA Document A312 - Pedoinance Bond - 2010 Edition.
$ 7 Ifthe Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities ofthe Surety to the Owner shall not
be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the
Surety shall not be greater than those of the Owner under the Construction Contract. Subiect to the colomitment by the
Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for
.1 the responsibilities of the Cootractor 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
lesulting flom the actions or failule to act ofthe Surety under Section 5; and
.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual
damages caused by delayed performance or non-performance of the Contractor.
$ 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond
$ 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are ulrelat€d to the
Construction Contract, and the Balance of the Contract Price shall not be reduced or set offon account ofany such
unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its
heirs, executors, administrators, successors and assigns.
! 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to
related subcontracts, purchase orde!s and other obligations.
$ 1l Any proceeding, legal or equitable, under this Bond may be institut€d in any court ofcompetent jurisdiction in
the location in which the work or part of the work is located and shall be instituted within two years after a declaration
of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety
refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph
are void or prohibited by law, the minimum period of Iimitation available to sureties as a defense in the jurisdiction of
the suit shall be applicable.
S '12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page
oo which their signature appears.
$ 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requtement
shall be deemed deleted hereftom and provisions confolning to such statutory or other legal requirement shall be
deemed incorporated herein. Wtlen so furnished, the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
S 14 Detinitions
S 14,1 Balance of the Contract Prico. The total amount payable by the Owner to the Contractor under the Construction
Contract after all proper adjustments 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 rs
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 agleement between the Owner and Contractor identified on the cover page,
including all Contract Documents and changes made to the agreement and the Contract Documents.
S 14.3 Contractor Default. Failure ofthe Contractor, which has not been remedied or waived, to perform or otherwise to
comply with a material term ofthe Construction Contract.
S 14.4 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 rDaterial terms ofthe
Construction Contract.
S 14'5 Contract Documents. All the documentg that comprise the agreement between the Owner and Contractoi.
S 15 If this Bond is issued for an agreemeot 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 Contracto!.
Pdnted in c.operation with the Ameican lnstituto of Atchitects (AlA).
The languago in this document confoms exactly to the tanguaga ued in AtA Docunent A31 2 - Peiormance Bond - 201 O Edibon 3
S 16 Modifications to this bond are as follows:
(Spoce is provided belou for addttiotual signatures of odded parties, other thotu those appedrituE otu the couer page.)
CONTRACTOR AS PRINCIPAL SURETYCompany: (Corporate Seol) Company: (Corporute Seal)
Signature:
Name and Title:
Address
Signature:
Name and Title:
Address
CAIJTIONI You should sign an original AIA Contract Documont, on which this text appears in REO. An original assu.es thatchanggs will not be obscured.
Printed in cooperation with the Amelican lnstitute of Atchitects (AlA).
The language in this docutuent contotms exactly to the language used in AIA Document A312 - peiofinance Bond - 2O1O Edition_4
Payment Bond
CONTRACTOR:
(Name, legal status and addrcss)
Star Construction, LLC
P.O Box 157
Star, lD 83 2
OWNER:
(Name, legal status ond, oddrcss)
Cily of Meridian
33 East Broadway Ave.
Meridian, lD. 83642
CONSTRUCTION CONTRACT
Date: June 6, 2017
Amount: $776,045.00
BONO
Date: June 6, 2017
(Not eorlier than Cotu$ttuction Contract Date)
4m6u1s. $776,045.00
Modifications to this Bond: I Norre
CONTRACTOR AS PRINCIPAL
Company:
Star Construction,
(Corpo
Signature:
Name ,{ N
CNA-:'- ' '-;iL- J- Y
Bond No . 3001 't 501
SURETY: western Surety Company: South Dakota Corporation
(Ndme, leEal statu$ ond, principal pLace
of business)
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 A3'12-2010
combines two separate bonds, a
Performance Bond and a
Payment Bond, into one Iorm.
This is not a single combined
Performance and Payment Bond
! See Sectron 18
SURETY
Seol) Company:
\ Western Surety Company
(Corporote Seol)
Signatu!e
Name Mary Jaquier
&ttLIL IPMING
and Trtf::n 4 4A/ AGIN G rt/.Ei(BER* and Trtle: Attorney-ln-Fact
(Any addtlonol signotur?s oppdor on ihe last page of th.s polment fund.)
(FOR INFORMA?ION ONLy Nome, add.ress and telephone)
AGENT or BROKER: OWNER'S REPRESENTATTVE:
post lnsurance (Architect, En9ineer or otlwr port!:)
P.O Box 8447 SPF Water Engineering
Boise, lD 83707
Printed in coope@tion with the Atuerican lnstitute of Architects (AlA).
Tha language in this docunent confoms exactty to the language used in AIA Documant A312 - payment Bond - 2o1O Edition_5
\
Description:
(Name ond location)
Well 29 Pumping Facility-Construction
333 S. Wabash Avenue
41st Floor
Chicago, lL 60604
U.LL\
S I The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administratols, 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 foltowing terms.
S 2 If the Contractor proEptly makes payment of all sums due to Claimants, aod defends, indemnifies and holds
haroless the Owner from claims, demands, Iiens or suits by any person or entity seeking payment for labor, materials
or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor
shall have no obligation under this Bond.
$ 3 Ifthere is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond
shall arise after the Owrer has promptly notified the Contractor and the Surety (at the address described in Section 13)
ofclaims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment
for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered
defense of such claims, demands, Iiens or suits to the Contractor and the Surety.
S 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.
S 5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
$ 5.1 Claimants, who do not have a dtect contract with the Contractor,.l have furnished a written notice ofnon-payment to the Contractor, stating with substantial accuracy the
amount claiBed and the name ofthe party to whom the materials were, or equipment was, furnished or
supplied or for whom the labor was done or performed, within ninety (90) days aft€r having last
performed labor or last furnished materials or equipment included in the Claim; and.2 iave sent a Claim to the Surety (at the address described in Section l3).
$ 5.2 Claimants, who are employed by or: have a direct contract with the Contractor, have sent a Clai6 to the Surety (at
the address desclibed in Section 13).
$6Ifanoticeofnon'paymentrequiredbySection5.l.lisgivenbytheOwnertotheCortractor,thatissufficientto
satisfy a Claimant's obligation to furnish a written notice ofnon-payment under Section 5.1.1.
$ 7 When a Claimant has satisfied the conditions ofSections 5.1 or 5.2, whichever is applicable, the Surety shallpromptly and at the Surety's expense take the following actio[s:
$ 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 arrange fo! payment of any undisputed amounts.
$ 7'3 The Surety's failure to discharge its obLigations under Section 7.1 or Section ?.2 shaU not be deemed toconstitute a waiver ofdefenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputedaEounts for which the Surety and Claimant have reached agleeoent. If, however, the Surety fails to discharge itsobligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the ieasonable attorney.sfees the claimant incurs thereafter to recover any sums found to be due and owing to the claimant.
S 8 The surety's total obligation shall not exceed the amount ofthis Bond, plus the anount ofreasonable attorney,s
fees provided under Section ?.3, and the amount ofthis Boud shall be credited for any payments made in good faithby the Surety.
$ 9 Amounts owed by the owner to the Contractor under the Construction Contract shall be used for the performanceofthe construction contract and to satisfy claims, if any, rlnder any construction performance bond. By tireContractor furnishing and the Owner accepting this Bo;d, they agree that all funds earned by the Cont-ractor in theperformance ofthe Construction Contract are dedicated to satisfyobligations of the Contractor and Surety under thisBond, subject to the Owner's priority to use the funds for the completi;n of the work.
Pdnted in c@Nration with the Ameican lnstitute of Atchitects (AlA).
The language in this docunent confoms exactly to the languago used in AtA Docunent 4312 - payn.r.,nt Bond - 2o1o Edition 6
$ l0 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are
unrelated to the Construction Contract, The Owner shaU 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 Eake payments to, or give notice on behalf
of, Claimants or otherwise have any obligations t! Clainants under this Bond.
$ 'l l The Sur.ety 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 Claimant under this Bond other than in a court of competent
jurisdiction in the state in which the project that is the subject ofthe Construction Contract is located or after the
expiration ofone year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to
Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or
equipment were fulnished by anyone under the Construction Contract, whichever of (1) or (2) flrst occurs. If the
provisions ofthis Paragraph are void or prohibited by law, the nlinimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shatl be applicable.
S 13 Notice and Ctaims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown
on the page on which thei, signature appears. Actual receipt of notice or Claims, however accoxoplished, shall be
suflicient compliance as of the date received.
S 14 When this Bo[d has been furnished to comply with a statutor:y or other legal requirement in the Iocation where
the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
S 15 Upon request by any person or entity appealing 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 l6 Oollnitions
S 16.'1 Claim. A writt€n stat€ment by the Claimant including at a minimum:
.l the name ofthe Claimant;
.2 the naEe ofthe person for whom the labor was done, or materials or equipment furnished;
.3 a copy ofthe agreeftent or purchase order pursuant to which labor, materials or equipEent was
furnished for use in the performance of the Construction Contract;
.4 a brief description of the labor, Eaterials or equipment furnished;
.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in
the performance of the Construction Contracu
.6 the total amount earned by the Claimant for labor, matedals or equipment furnished as of the date of
the ClaiE;
.7 the total amount ofprevioue payments received by the Claimant; and
.8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the
date of the Claim.
S 16.2 Claimant. An individual or entity having a dtect contract with the Contractor or with a subcontractor ofthe
Contracto! to furnish labor, mat€rials or equipment for use in the performance of the Construction Cootract. The term
Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien
or similar statute against the real property upon which the Project is located. The intent of this Bond shalL be to
include without limitation in the terDS "labor, materials or equipment" that part of water, gas, power, Iight, heat, oil,
gasoline, t€lephone service or rental equipment used in the Construction Contract, architectural and engineering
services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other
items for which a mechanic's lien may be asserted in the jurisdiction whele the labor, materials or equipment were
furnished.
S 16.3 Construction Contract. The agreement between the Owner and Contractor identified onthecoverpage,
including all Contract DocuEents and all changes made to the agreement and the Contract Documents.
Pdnted in cooperation with the AnEdcan Institute of Architects (AlA).
The language in this document conloms exactly to the language used in AIA Document A312 - Paynont Bond - 2O1O Edition.7
S 15.4 Owner Default, Failure ofthe Owner, which has not been remedied or waived, to pay the Contractor as req\rired
under the Construction Contract or to perform and complete or coirply with the other material terms of the
Construction Contract.
516.5 Contract Documenb. All the documents that comprise the agreement between the Owner and Contractor.
S 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond
shall be deeoed to be Subcontractor and the term Owner shall be deeoed to be Contractor.
S 18 Modiications to this bond are as follows:
(Space is ptouided belou: for odditional signatures of odded part;es, other thdn those oppearing on the cooer page.)
CONTRACTOR AS PRINCIPAL SURETYCompany: (Corporate Seal) Company: (Corporate Seol)
Signature:
Name and Title:
Address
Signature:
Name and Title:
Address
CAITTION: You should sign an original AIA Cont.act Oocumen! on which this toxt appoa6 in RED. An originatassuros thatchangos will not te obscured.
Pinted in cooperation with the Arnedcan lnstjtute of Atchitects (AlA).
fhe bnguage in this document confotms exactly to the tanguage used in AIA Document A312 - payfieot Bond - 2olo Edition.
POWER OF ATTORNEY APPOTN{TING INDIVIDUAL ATTOR,\EY-I\-FACT
ltuow All Men By Theie Presen$, That WESTERN SURETY COMPANY, a South Dakota corpontion, is a duly organized and existing corpomtion
having ils principal ollice in the City of Sioux Falls, and State of South DakoE and that it does by virtue of the sigbature and s€al herein amxed her€by
make, constitute and appoint
William F Post, Mary Jaquier, Terry S Robb, Individually
Western Surety Company
of Boise, ID, its true and lawful Attomey(slin-Fact with full powel and authority her€by confen€d to sign, s€al and ex€cute for and oD its b€half bondr,
undertakings and other obligatory instnrments of similar nafirre
- In Unlimited Amounts -
and to bind it thereby as fully and to fte same ext€ot as if such initnunents were signed by a duly authorized oficer ofthe corporation and all the acts of said
Attomey, pursuant to the authority hercby giverl arc hereby r.tified and confilmed.
This Power of Anomey is made and executed pursuant to and by authority ofthe 8y-kw printed on the r€verse hcImq duly adopted, as indicated, by
the shareholders of the coporation.
In witne$ Whereof, WESTERN SUREry COMPANY has caused these presents to be signed by its Vice Pr€sident and its corporate s€al to be
h€reto affixed on this 23d day of January, 201?.
WESTERN SURETY COMPANY
T. Bruflat, Vice Prcsident
State of South Dakota
County of Minnehaha
On this 23rd day of January, 2017, befor€ me personally came Paul T. Bruflat, to me known, *ho, being by me duly swor4 did depose and say: that
he resides in the City of Sioux Falls, State of South Dalotq tbat he is the Vice President of WESTERN SURETY COMPANY d€scribed in and which
executed the above instnDleit; that he lglows fte seal of said corporation; that the seal affied to the said iDstrumefi is such corpomte seal; that it was so
aflixed pursuant to authority givea by the Board of Directors of said corporation and that he signed his name theEto puGuafl to like authority, and
acknowledges same to b€ the act and de€d of said colporation.
My commission qpires
June2 20?t
J. Mohr, Notary Public
CERTIFICATE
I, L. Nelson, Assista Secretsry of WESTERN SURETY COMPANY do her€by ceniry Out the Power of Attomey hereinabove set fonh is still in
force, and funher certiry that the By-t w ofthe corporation printed on thc rEverse hereofis still in force Lo testirnony whereof I have hereunto subscrib€d
my name and affixed the seal of the said corporation
WESTERN SURETY COMPANY
this 6 of June
s€lw
J, MOHR
Fom F4280-7 2012
day
L. Nelsorf Assistant Secretary
2017
)"
Authorlzhg By-Lew
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to ard by authority of the following By-taw duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attomey, or other obligations of the corporatioo shall be executed in the
corpomte name of the Company by the President, Secraary, and Assistant Secretary, Treasurer, or any Vic€ Plesident, or by such other
officsrs as the Board of Directors may authorize. The President, any Vice Presidelt, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attomeys in Fact or agents who shall have authority to issue bonds, policies, or undenakings in the name of the Company.
The corporate seal is not nec€ssary for the validity of any bonds, policies, undenakings, Powers of Attomey or other obligationg of the
corporation. The signaturc of any such officer and the corporate seal may be printed by facsimile.