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Cherry Lane PRV Project #10760 Star ConstructionCONTRACT FOR PUBLIC WORKS CONSTRUCTION CHERRY LANE PRV tAkn6ey PROJECT # 10760 THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this day of Oc ber 2017, and entered into by and between the City of Meridian, a municipal c rporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Star Construction, ILC__, hereinafter referred to as "CONTRACTOR", whose business address is PO Box .157 Star. ID 83669 and whose Public Works Contractor License # is C -14428 -AAA -4 . INTRODUCTION Whereas, the City has a need for services involving Pressure Reducing Valves (PRVs); and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however; the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions, The Contractor CHERRY LANE PRVS page 1 of 13 Project 10760 4. Liquidated Damages: Substantial Completion shall be accomplished within 90 (ninety) 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 incidentalwork, 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 120 (one hundred twenty) 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 under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen ('15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. ln the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this CHERRY LANE PRVS Project 10760 page 3 of 13 3.3 Shou ld 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. Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 6. lndependentContractor: 6.2 Contractor, its agents, officers, and employees are and at alltimes during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 6.3 Contractorshall 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 8. 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 otherwise unsatisfactory, that employee shall be removed from all work under this contract. 9. lndemnification and lnsurance: 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 CHERRY LANE PRVS Project 10760 page 4 of 13 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. 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 specificallv aqrees that it will maintain, throuqho the term of this Aoreement. liabilitv insurance, in which the CITY shall be nameelan add itio nallrcuredjn lhe nmnLtrum amounts as follow: General Liabil ity One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability lnsurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation lnsurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Conhactor 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 lnsurance 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. CHERRY LANE PRVS Project 10760 page 5 of 13 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. 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 with a Best's rating of no less than A-. 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 and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. CHERRY LANE PRVS Project 10760 page 6 of 13 10. Time is of the Essence: 14. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. 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. MeridianStormwaterSpecifications: 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.orq/environmental.aspx?id= 1 361 8. Contractor shall retain allstormwater 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 revlew. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved bythe City priorto final acceptance of the project. 16. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right-of-Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. CHERRY LANE PRVS Project 10760 page 7 of 13 17. Reports and lnformation: 17.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 17.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other meani 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. 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 otheruise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 20. Equal Employment Opportunity: ln performlng 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 unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 21. Employment of Bona Fide 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: Each party warrants and represents that in executing this Agreement. lt has received independent legal advice from its attorney's orthe opportunityto 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 CHERRY LANE PRVS Page 8 of 13 Project 10760 19. Publication, Reproduction and Use of Material: contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 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 approvalthat the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. 29. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 30. Order of Precedence: CHERRY LANE PRVS Project 10760 page 9 of 13 24. ConstructionandSeverability: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 31. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 32. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian, 33. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows. CITY CONTRACTOR City of Meridian STAR CONSTRUCTION, LLC Purchasing Manager Attn: Ancil Irminger 33 E Broadway Ave PO Box 157 Meridian, ID 83642 Star, ID 83669 298-489-9417 Phone: 208-286-9198 Email: starconstructionll@gmaii.com Idaho Public Works License #14428 -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 Meridian. CITY OF MERIDIAN NAME OF�CONTRACTOR BY: BY: r TAMMY de ERD, MAYOR Dated: // / �- l A c CHERRY LANE PRVS Project 10760 Dated: -� page 10 of 13 Approved by Council: r!z 9 - Attest: C.JAY ES, UTY CLERK Purchasing Approval BY: A KEIT , A TS, P&cbasing Manager Dated:: 1�( 7 Project Manager Garrick Nelson CHERRY LANE PRVS Project 10760 GO�QD�p,TEDAVGLs i 2 �'il} of w E IDIAN�, IDAHO SEAL A/ /f papa 'nt Appr V BY: /d WARREN STEWART, City Engineer Gated:: 92 c f-Ift 1:1 Vo i page 11 of 13 EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW-1758.10760 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the lnvitation to Bid Package # PW-l758-10760, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the current version of the ldaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). This project consists of the installation of two Pressure Reducing Stations for the City of Meridian. The first station is on Cherry Lane and includes completing the connections to the existing water main and the installation of a new vault and all materials, equipment and labor to install the station on the south side of Cherry Lane. The second Pressure Reducing Station is along Franklin Road and is to be installed in an existing vault known as Baraya Pressure Reducing Station. Each location has its own plan set and specifications attached. See separate attached documents: Plans - W. CHERRY LANE POTABLE WATER PRESSURE REDUCING STATION by Civil Survey Consultants, lnc. dated 0812512017 (5 pases) Special Provisions and/or Technical Specifications by Civil Survey Consultants, lnc. dated 07121117 (2opases) CHERRY LANE PRVS Project 10760 page 12 ol 13 Exhibit B Total and complete compensation for this Agreement shall not exceed $158,200.00. MILESTONE DATES/SCHEDULE Milestone 1 Substantial Completion 90 Days from Notice to Proceed Final Completion PRICING SCHEDULE NOT TO EXCEED CONTRACT TOTAL $158-200-00 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 Description Quantity Unit Price $20,400.00 8" Gate Valve 2 EA $2.400.00 10" Gate Valve 1 EA $1 ,500.00 706.4.1.G.1 Concrete Repair It)SY $1,280.00 8024181 3/4" Minus Crushed Aggregate Base 58 TON $2,900.00 81041A,1 Plant lvlix Pavement ZO TON $5,200.00 't001.4.2.4.1 Staging Area 1 EA $400.00 lnlet Protection 4 EA s200.00 1 103.4.1 .A.'t Traff c Control 1 LS 2,$500.00 2010.4.1.4.1 1 4,$500.00 SP--I Lawn Sod Restoration $832.00 SP-2 Remove Existing Gravity lrrigation Pipe 12 LF $240.00 SP-3 Remove Existing Dead Tree and Grind Stump 1 $400.00 S P-4 Pressure Reducing Station 2 $1 15,448.00 CHERRY LANE PRVS Project 10760 page 13 of 13 A, MILESTONE / PAYMENT SCHEDULE lvlilestone 2 120 Days from Notice to Proceed Contract includes furnishing all labor, materials, equipment, and incidentals as required for the CHERRY LANE PRV per IFB PW-1758-10760. Item No.Unit 401.4.1.4.1.8' PVC, AWWA C900, DR18 Water Main tJo LF 402.4.1.4.1.a. 402.4.1.4.1.b. 1006.4.1.C.1. Mobilization LS 832 EA EA CITY OF MERIDIAN Cherry Lane & Baraya PRVs BID ABSTRACT BID OPENING 12-Oct-17 Item No.Description Qty Unit Unit Price Bid Item Total Unit Price Bid Item Total 401.4.1.A.1.8” PVC, AWWA C900, DR18 Water Main 136 LF 89.00$ 12,104.00$ 150.00$ 20,400.00$ 402.4.1.A.1.a.8” Gate Valve 2 EA 1,785.00$ 3,570.00$ 1,200.00$ 2,400.00$ 402.4.1.A.1.b.10” Gate Valve 1 EA 2,278.00$ 2,278.00$ 1,500.00$ 1,500.00$ 706.4.1.G.1.Concrete Repair 16 SY 227.00$ 3,632.00$ 80.00$ 1,280.00$ 802.4.1.B.1.3/4” Minus Crushed Aggregate Base 58 TON 70.00$ 4,060.00$ 50.00$ 2,900.00$ 810.4.1.A.1.Plant Mix Pavement 26 TON 472.00$ 12,272.00$ 200.00$ 5,200.00$ 1001.4.2.A.1.Staging Area 1 EA 1,519.00$ 1,519.00$ 400.00$ 400.00$ 1006.4.1.C.1.Inlet Protection 4 EA 56.00$ 224.00$ 50.00$ 200.00$ 1103.4.1.A.1.Traffic Control 1 LS 3,852.00$ 3,852.00$ 2,500.00$ 2,500.00$ 2010.4.1.A.1.Mobilization 1 LS 10,079.00$ 10,079.00$ 4,500.00$ 4,500.00$ SP-1 Lawn Sod Restoration 832 SF 8.00$ 6,656.00$ 1.00$ 832.00$ SP-2 Remove Existing Gravity Irrigation Pipe 12 LF 259.00$ 3,108.00$ 20.00$ 240.00$ SP-3 Remove Existing Dead Tree and Grind Stump 1 EA 3,109.00$ 3,109.00$ 400.00$ 400.00$ SP-4 Pressure Reducing Station 2 EA 73,200.00$ 146,400.00$ 57,724.00$ 115,448.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ TOTAL BASE BID 212,863.00$ 158,200.00$ IRMINGER CONSTRUCTION STAR CONSTRUCTION Itos ARi q q ll t\ q o .Y so-h\+ \\ \ I ( \\ + ( 19 qj G] t 1 dl )r- d 1.n I N I TIIII TtI II TI TItI TI TII I T TII T TI IIIIII T IIt TItTI TI Fzfo =o 6 uorleaurua3 sqns # clt ptroS p!8 i# ulnpuappv I u.rnpuoppv pauErS t.oozul \ { {I\l0 c.r J -'\\N -\loJ\ \.) S -'.. si o l) t,o o.Lo o@t-o @ro F. Bo- ii IUo =fz o E o ci t- oN cn ollo (Jo riri =F 06 UJF o LlJfo to. G G Go od oc(t,J o -c(J di =z o o U) f U) lUtr o m o I o z HoH \rQ \sa. 0 k?A -t -l- s City Of Meridian Statement of Revenues and Expenditures - Rev and Exp Report - Sandra - Unposted Transactions Included In Report 60 - Ent€rpriae !\lnd 3{90 - Wat€r Construction Ptojocts E ron\ 10 / 1 / 20L6 Thto.uqh 9 / 30 / 207'7 Budget Remaining Budget,1th Curr:ent Year Actuaf Budget Remaining 95140 Capital Outlay DEPT EXPEND ITURES TOTAL EXPENDITURES 2 \2 2,32a,829 ,52 1,514,428.66 1,514,428.66 WATERLINE EXTENSIONS Total Capital Outfay 2,328 ,',d29-52 2,328,829.52 1,510,428 1, 5tA, 428 818,400.86 818,400.86 66 66 35.143 00328,829 qla,!j85 l5 35.14*818,400.86 ( ( Performance Bond CONTRACTOR: (Ndtue, legtll statu,s and address) Star Construction, LLC P.O Box 157 Star, lD 83669 OWNER: (Name, legal status and, add,ress) City of Meridian 33 East Broadway Ave. Meridian, lD. 83642 CONSTRUCTION CONTRACT Date: November 7, 2017 Amount: $158,200.00 Description: (Name and location) Cherry lane & Baraya PRVS/Proiect# 10760 BOND Date: November 7, 2017 (Not earli.er than Consttuction Conttact Ddte) amount. $158,200.00 Modifications to this Boud: I Noo" CONTRACTOR AS PRINCIPAL Company: Star Construction Signaturel Name and Title: (Any additio CNA : Bond No. 3,00?0245 SURETY: Western Surety Company: South Dakota Corporation (Name, leEdl status ond principal 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 4312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond f] See Section 16 rate Seal) SURETY Companyr Western Surety Company t)Signature L\i t*tL\t Name lvlary Jaquier L and Trtle: Attorney-ln-F s Performance Bond.)(r otu the last page of thi (FOR INFORMATION ONLY - Nome, ad.d.ress and telephone) AGENT oT BROKER: OWNER.S REPRESENTATIVE: post lnsurance (Architect, Erugineer or other party:) P.O Box 8447 N/A Boise, lD 83707 Pinted in cooperution with the Ameican Institute ol Architects (AlA). The language in this docunent conforms exactly to the language used in AIA Document A312 - Pedormance Eond - 2010 Edition 1 A /t ,aJ (Corporate Seol) I $,1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance ofthe Construction Conttact, which is incorporated herein by reference. $ 2 Ifthe Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a confereoce as provided in Section 3. $ 3 Ifthere is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .,1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. Ifthe Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notrce, request such a conference. Ifthe Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days ofthe Surety's receipt ofthe Owner's notice. Ifthe Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractol Default: ,2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balauce ofthe Contract Price in accordance with the terms ofthe Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. $ 4 Failure on the part ofthe Owner to comply with the notice requiement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudrce. $ 5 When the Owner has satisfied the conditions ofSection 3, the Surety shalt promptly 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 complete the Construction Contract itself, through its agents or independent contractors; S 5.3 Obtain bids or negotiated ploposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualfied surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section ? in excess of the Balance of the Contract Price incurred by the Owner as a result ofthe Contractor Default; or $ 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Ownet; or .2 Deny Iiability in whole or in part and notify the Owner, citing the reasons for denial. $ 6 Ifthe Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. Ifthe Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce anv remedy available to the Owner.. Pdnlecl in cooperation with the American lnstitute of Atchitects (AlA). The language in lhis document conforms exactly to the tanguage used in AtA Docufienl A312 - peionnance Bond - 2olo Edition 2 $ 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 Contr:act, and the responsibilities of the Owner to the Surety shall not be greater than those ofthe Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance ofthe Contract Price, the Surety is obligated, without duplication, for .1 the respo[sibilities ofthe Contractor for correction ofdefective work and completion ofthe Construction Contract; .2 additionat legal, desigu professional and delay costs resulting ftom the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and ,3 liquidated damages, or ifno liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non'performance of the Contractor. $ 8 Ifthe Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount ofthis Bond. $ 9 The Surety shall not be liable to the Owner or others for obligations ofthe Contractor that are unrelated to the Construction Contract. and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right ofaction shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. $ 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. $ 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. Ifthe provisions ofthis Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. S l2 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. $ 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted hereftom and provisions conforming to such statutory or other legal requtement 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 14 Definitions S 14.1 Balance ofthe Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insuraDce or other claims for damages to which the CoDtractor is entitled, reduced by aU valid and proper payments made to or on behau of the Contractor under the Construction Contract. S'14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 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 of the Construction Contract. S 14.4 Owner oefault. Failure ofthe Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the CoIIstruction Contract. S 14 5 contract Oocuments. All the documents that comprise the agreemert between the Owner aud Contractor. $-15 If th-is Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bondshall be deemed to be subcontractor and the term owner shall be deemed to be contractor. Pinted in cooperation with tha American tnstitute ot Architects (AtA) J The language in this docufient conforms exactly to the language used in AIA Document A312 - peiormance Bond - 2a1o Edition $ 16 Modifrcatrons to this bond ale as follows: (Space is prouided below for odditional signotures of ad.ded parties, other thon those appeoring on the coler page.) CONTRACTOR AS PRINCIPAL SUREWCompany: (Corporate Seol) Company: (Corporate Seal) Signature:Signature: Name and Title: Address Name and Title: Address cAUTloN: You should sign an original AlAcontract Document, on which this text appears in RED. Anoriginal assures thatchanges will not be obscured. Pinted in coopeetion with the Ameican lnstitute of Architects (AtA). The language in this document c1nfoms exactty to the tanguage used in AtA Document A312 - petfomance Bond - 2o1o Edition 4 Payment Bond CONTRACTOR: (Ndme, legol status ond address) Star Construction, LLC P.O Box 157 Star, lD 83642 OWNER: (Name, legal status and oddress) City of Meridian 33 East Broadway Ave. Meridian, lD. 83642 CONSTRUCTION CONTRACT Date: November 7. 2017 Amount: $158,200.00 Description: (Nqme and location) Cherry Lane & Baraya PRVs/Project# '10760 BOND Date: November 7, 2017 (Not earliet thqtu Consttuction Cotuttact D@te) 4mqun1. $158'200.00 Modifications to this Bond: ffi None CONTRACTOR AS PRINCIPAL Company: Star Constructio (C Signature Name and Title: (Any addi tional s tltes appear on the last page of this GNASf,j${tr1-}. Bond No. 3oo?0245 SURETY: Western Surety Company: South Dakota Corporation (Name, legal statu$ and principal 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 E See Section 18 SURETY Seol) Company: Western Surety Company (Corporate Seol) _ tl L\ Name l\ilary Jaquier and Title: Attorney-ln-F Payment Bond..) \,LL.:IIL L! Signature (FOR INFORMATION ONLY - Name, oddress and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: pOSt lnsuran.e (Architect, Engineer or other party:) P.O Box 8447 N/A Boise, lD 83707 Printed in cooperction with the Aneican lnstitute of Atchitects (AlA). The language in this document confoms exactly to the language used in AIA Document A312 - Payment Bond - 2O1O Edition 5 A $ I The Contractor and Surety, jointly and severally, bind themselves, thei heirs, executors, administrators, successors and assigtrs to the Owner to pay for labor, materials and equipment furuished for use in the performance of the Construction Contract, which is incorporated herein by referelce, subject to the following terms. S 2 Ifthe Contractor promptly makes payment ofall sums due to Claimants, and defends, indemnifies and holds harmless the Owner ftom claims, demands, Iiens or suits by any person or entity seeking payment for labol, materials or equipment furnished for use in the performance ofthe Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. S 3 Ifthere is no Owner Default under the Construction Contract, the Surety's obligation to the Owner uader this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use iu the performance ofthe Construction Contract and tendered defense of such claims, demands, Iiens or suits to the Contractor and the Surety. $ 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnifu and hold harmless the Owner against a duly tendered claim, demand, lien or suit. $ 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: S 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice ofnon-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last pedormed labor or last furnished materials or equipmeot included in the Claim; and .2 have sent a Claim to the Surety (at the ad&ess described in Section 13). S 5.2 Claimaots, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). $ 6 Ifa notice ofnon-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufEcient to satisfu 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 5.1or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: $ 7,1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt ofthe Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and $ 7.2 Pay or arrange for payment of any undisputed amounts. $ 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. It however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnifu the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. S I The Surety's total obligation shall not exceed the amount ofthis Bond, plus the amount ofreasonable attorney's fees provided under SectioD 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. $ 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisry claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfu obligations of the Contractor and Surety under this Bond, subject to the Owne!'s priority to use the funds for the completion of the work. Pinted in coop?ration with the American lnslitute of Architects (AtA). The language in this document confoms exaclly to the language used in AIA Document A312 - payment Bond - 2O1O Edition 6 $ 10 The Surety shall not be liable to the Owner, Claimants or others for obligations ofthe Contractor thrt are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. S 1l The Surety hereby waives notice of any change, including changes of time, to the Colstruction Contract or to related subcootracts, 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 ofcompetent jurisdiction in the state in which the project that is the subject of the Constructior Contract is located or after the expiation ofone year ftom the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of(1) or (2) fust occurs. Ifthe provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. $ 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or deLivered to the address shown on the page on which their signature appears. Actual receipt ofnotice or Claims, however accomplished, shall be sulficient compliance as ofthe date received. $ 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and prowisions conforning 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 appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. S l6 Definitions S 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; ,3 a copy ofthe agreement or purchase order pursuant to which labor, matedals or equipment was furnished for use in the performance ofthe Construction Contract; .4 a brief description ofthe labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance ofthe Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as ofthe date of the Claim; .7 the total amouut ofprevious payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as ofthe date of the Claim. S 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contr:actor to furnish labor, materials or equipment for use in the performance ofthe Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic,s lien or similar statute against the real property upon which the Project is located. The intent ofthis Bonrl shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil,gasoline, telephone service or rental equipment used in the Construction Contract, architeciural and engineering serwices required for performance ofthe work of the Contiactor and the Contractor's subcontractors, and all otheritems for which a mechanic's Iien may be asserted in the jurisdiction where the labor, materials or equipment werefurnished. S 16'3 construction contract. The ageement between the owuer and contractor identified on the cover page,including all Contract Documents and all changes made to the agreement and the Contract Documents. 7 Ptinted in coopention with the Ameican tnstitute of Architects (AtA)_ The language in lhis docufient conlorms exacuy to the tanguage used in AIA Docunent A312 - payment Bond _ 2O1O Edition $ 16.4 Owner Default. Failure ofthe Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms ofthe Construction Contract. S 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor S 17 If this Botrd is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. $ 18 Modifications to this bond are as follows (Spoce is prouid,ed, below for additional siEn<rtures of qd.ded partbs, other than thDse qppeaing otu th,e couer page.) CONTRACTOR AS PRINCIPAL SUREWCompany: (Corporate Seal) Company: (Corporate Seal) Signature:Signature Name and Title: Address Name and Title Address cAUTION: You should sign an original AIA Contract Document, on which this text appoars in RED. An original assures that changes will not be obscured. Pinted in cooperction with the Aneican lnstitute of Architects (AlA). The language in this document confoms exactty to the language used in AIA Document A312 - paymenl Bond - 2O1O Editpn 8 Western Surety Company In witDels whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice PresideDt and its corporate s€al to be hereto affixed on lhis 23rd day ofJanuary,2017. POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN.FACT Krow All Men By These Presetrts, That WESTERN SURETY COMPANY, a South Dakoh corporation, is a duly organized and existing corpor-ation having its principal office in the City of Sioux Falls, and State of South Dakoh, and thal it does by virtue of the signature and seal herein affrxed h€reby make, constitute aDd appoint William F Post Mary Jaquier, Terry S Robb, Individually of Bois€, ID, itJ true aod lawful Attomey(s)-in-Fact with full power and authority hereby conferrEd to sigr\ seal and execute for and on its behalf boods, unde akings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to ihe same extmt as if such instruments were signed by a duly authorized officsr of the corporation and all the acts of said Attomey, pursuant to the authority hereby given, are her€by ratified and conlirrned. This Power of Attomey is made and executed pursuar to atrd by authority ofthe By-t-alr print€d on the rwerse hereot duly adopted, as indicated, by tIe sba&holders ofthe coryoralion. WESTERN SURETY COMPANY T. Bnrflat. Vice President State of South Dakota County of Mirnehaba On this 23rd day of January, 2017, before me peNonally came Paul T. Bruflat, to me known, who, being by me duly sworD, did depose and say: that he r€sides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which execut€d the above inshumml; that he knows the seal of said coryoration; that the seal affired to the said instrument is such corporate seal; that it was so affrxed pumraat to authority giv€n by the Board of DirectoE of said corporation and that he signed his name ther€to pursuaflt to like authority, and acknowledges sarEe to be the act and deed of said corpoiation. My corimission o(pires June 23 2021 J. Mohr, Nolary Public CERTIFICATE I, L' Nelson, Assistant secraary of WESTERN SURETY CoMPANY do hereby certify that the power of Attomey he.einabove ser fbnh is still in forcq and further cerdry thal the By-Iaw ofthe corporation printed oD the reverse hereof is stitl in forre. h testimony whereof I have hereunto subscribod my name and afExed the seal of the said corpomtion 2017 WESTERN SURETY COMPANY this 7 seAY (,s\) J- MOIIR Form F4280-7 2012 day of L. Nelson, Assistant Secretary ) J ss Novembe r Authorlzing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attomey is made and executed puNuant to and by authority of the following By-Law duly adopted by the shaleholdeN of the Company. Section 7. All bonds, policies, undertakings, Powers of Attomey, or other obligations of the corporation shall be executed in the corporate naine of the Company by the President, Sectetary, and Assistant Secretary, Treasurer, or any Vice President, or by such other omcers as the Boald of Directors may authorize. The President, any Vice President, Seqetary, any Assistant Secretary, or the Treasurer may appoint Attomeys in Fact or ageots who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policios, undertakings, Poweas of Attomey or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. PublicWorks Search Page 1 of I a print ('omoanr License WorL l-i3g!S! !-igense -. Agrlicant Ouner ( ompaD Comp@l ComBalt Comn.rnr ^, Eroiration Nam- Number Catcsorv Type q[55- W ME Mlt 4!dE!i elry G- Et"d" I'hone 6;i;- Parent License Nu ber star PWC.c- 42234. 02310, 02318 02500. 02310. 02855 03300 LLC o 33669 (203) 236 9198 9/30/2013 https://web.dbs.idaho.gov/eTRAKiT3/Custom,/Idaho_PublicWorksPrint.aspx 1012512017 IDSOS Viewing Business Entity IDAHO SECRETARY OF STATE Viewing Business Entity I New Search ] [Back to Summary et a certifi e for STAR CONSTRUCTIONt Lawerence Denney, Secretary of State L.L.C. on r L. Filed 26 rul 1999 ARTICLES OF ORGANIZATION I Help Me Print/View TIFF ] View Imaoe (PDF format) F format I Help Me Print/View TIFF ] View Imaoe (PDF format)View Imaqe (TIFF format) .C. busines l srAR coNsrRUcTroN, L.L.c. PO BOX 157 STAR, ID 83669 Type of Business: LIMITED LIABILITY COMPANY Status: EXISTING State of Originr IDAHO Date of 26 Jul 1999 origination/Authorization: Current Registered Agent: ANCIL A IRMINGER 49OO BRONZE SPUR NAM PA, ID 83687 File Number: W9387 Date of Last Annual Report: 24 May 2Ol7 Annual Report Due: Jul 2018 Original Filing: Amendments: Amendment Filed 22 Jul 2OO5 OTHER - DELETE 1 MANAGER Annual Reports: https ://wrvw.accessidaho.org/publ iclsos/corp/W93 87.html 10125/2017 Page I of2 I Help Me Print/View TIFF ] Report for year 2OL7 ANNUAL REPORT View Document Online Report for year 2016 ANNUAL REPORT View Document Online Report for year 2015 ANNUAL REPORT View Document Onljne Report for year 2014 ANNUAL REPORT View Document Online Report for year 2013 ANNUAL REPORT View Document Online Report for year 2012 ANNUAL REPORT View Document Online Report for year 2011 ANNUAL REPORT View Document Online Report for year 2O1O ANNUAL REPORT View Document Online Report for year 2OO9 ANNUAL REPORT View Document Online Report for year 2OO8 ANNUAL View Imaqe (pDF format) ViewREPORT Imaoe (TIFF format) IDSOS Viewing Business Entity Report for year 2OO7 Report for year 2006 Report for year 2OO5 Report for year 2OO4 Report for year 2OO3 Report for year 2OO2 Report for year 2OO1 Report for year 2OOO Page 2 of 2 View Imaqe (PDF format)View Imaoe (TIFF format) View Imaqe (PDF format) View Imaoe (TIFF form at) REPORT View Document Online View Imaoe (PDF format) View Imaqe (TIFF format) View Imaqe (PDF format) View Imaoe (TIFF format) View Imaoe (PDF format) View Imaqe (TIFF format) View Imaqe (PDF format) View Image (TiFF format) View Imaoe (PDF format) View Imaoe (TIFF format) AN NUAL RE PORT ANNUAL REPORT ANNUAL ANNUAL REPORT ANNUAL REPORT ANNUAL REPORT ANNUAL REPORT ANNUAL REPORT Idaho Secretary of State's Main Paqe State of ldaho Home Paoe Comments, questions or suggestions can be emailed to: sosinfo@sos.idaho.oov https ://www.accessidaho.org/public/sos/corp/W93 8 7.html 10t25120t7 oiQo"CERTIFICATE OF LIABILITY INSURANCE CERTIFICATE NUMBER:2 017-2 018COVERAGES REVISION NUMBER LO /24 /20t7 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONL CERTIFICATE OOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITU REPRESENTATIVE OR PROOUCER, AND THE CERTIFICATE HOLDER. Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLOER. THIS , EXTEND OR ALTER TI.IE COVERAGE AFFORDED BY THE POLICIES TE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED I M P o RT N T f th ce rt ifi cate hold e r s a n o D T o NA L I N S U R ED the p o c v (i es )m ust be e n do rs ed tf S U B RO GA T ON s E o bje t tosucthetermsandcondtiosthepolicycertanpolciesmavrequitenendorsementstatementonthsrtificatedoesotntetihtstthncoIsoe ce rtificate hold er n lie U o,s u h en d o rse me s PROOUCER Pogt Insurance 2717 w. Bannock P. O. Box 844? BoiEe S€rvj,ces, Inc. st. INSUREO Star Constructj.on, LLC PO Box 15? Star rD 83 569 fi!|pcr arysrria e"",11" lI8)n", .,," (208) 336-5600 i'J#tEss. agaubJ.ee po s tins . con tNsuRER(S) AFFOROTNG COVERAGE lirsuRElr INSURER rN!uREi rfisuREB INSURER INSURER a :4,uto B:Idaho Ci Ol E: Owners InauraDc6 State Insurance Fund TH S S cTO RTE TTHA ETH LPO c E os SN U AN Ec L s DTE ELB o H E EB NE S US DE THTO E N RSU DE N E D AOVE THOR POLE tc E R DoNTOTWHsANTNDGToERMcNTDooONCNoTTRACRoTHoREESECTTOTHHCScRETIETEBICARoTHENRANSUECDORDEcPOLESEDRSCBEHDREENSsBJUCETToHTLLEEXLCSUONS0NNTocDoSNocSUPOHECSLlvSTSoHEEBNEEUDEcaDcDsM NS D sOL rJgR OLICY LI cEoNSUEcNPOLICY LI rTs $ $ ,q ,s ,qll $ 1, 000 , 000 300, 000 10, 090 1 ,00o,000 2,000,0!0 2, 00o ,000 1, 000 , 000 144639s??5336017 3 /a /20!7 .J4 3 /1/2A!B OTHER COIIIMERCIAL GENERAL LIABILIY ] CLAIMS.MADE X OCCUR 55373,55091 PERSONAL A ADV INJIJRY GENERAL AGGREGATE PRODUCTS COMP/OP AGG Htr€d & Non-Ow.6d Lktbilly EACH OCCURRENCE OAMAGE TO RENIED PREUISEs {Eao@ul!e!€l MED ExP (Any one person) AUTO OBILEUABIUTY X i ary euro - ALL O\,1,ilEDa TOS BOOTLY TNJURY (Per p666) S 3/l/20:17 3/1/2018 BoDTLY INJURY (Pd acooe.l) I PROPFRTY NAMAGE $(p6r accdenr) MBN 4975336000 A $ 1, 000, 0oo(Ea@cidgnr) s $ s A ON X UMBRELLA LIAB X 497s336001EXCESS IIAB OCCUR 5, O00,og0 5, 000 , 0003/a/2011 3/1/2018 AGGREGATE EACll OCCURRENCE oeo x lir/oRxERs coIPENSAll0 ANO EIlIPLOYERS' LIABILITY ANY PROPRIETOR/PARINER/EXECI]TIVE OFFICER/UEMBER EXCLUDED'EACHACC]DENT DISEASE. EA EMPLO-YE DISEASE, POLICY LIMII $ s $ Y/N E s82913 x B 1/!/2a17 1/1/20]€I 1ER TON OF 000 STAIUTE L 50!, q00 s00/ 000 A Hi!6dlRent6d Equipnent r4{6395775336017 3/a/17 3t/t/18 $1s0,000 s500 OESCRIPTION OF OPERATIONS / LOCATION S / VEHICLESRE: Cherry Lane 6 Baraya pRVs. (ACORD lOt, Addt(onat R.m.rt! Slh.duto, m.y bo.ttrchod rmoE.prc. tr requh€d)Ploject *107 60 CERTIFICATE H OLDER ACORO 25 (2014/01) lN5025 (2orao1) CANCELLATION o 1988.2014 ACORD C!R Tho ACORD name and logo are registered marks of ACORO TION. All righb reserved KY\ City of Meridj-an33 E Broadlray Ave,, Ste. 106l4eridian, fD A3642 AUIHORIZED REPRESET{TATIVE Alyshia Gamble /AG AAd'aArA," -234r"\- b.r- - PORA rD 8370? [&, No): {208) 3'a-0651 NAIC '18 98.8 36L29 INDICATED REQUIREMENT,DOCUI\,,IENT WTHrssuEoPERTAIN,THE TERIUS, GEN'L AGGREGATE LIMITAPPLIES PER L eorrcv x !fto; Loc ] ScHEoULED AUTOS NON.O\ANED AUTOS s I lHlREoaUToS Ix 89303,79516 SHOULD ANY OF THE ABOVE OESCRIBEO POLICIES BE CANCELLEO BEFORETHE _ExprRAroN oArE rH€REoF, NorcE wLL si oiiivliEii'i;ACCORDANCE WTH THE POLICY PROVISIONS. CONTRACT FOR PUBLIC WORKS CONSTRUCTION CHERRY LANE PRV rhvoln bey PROJECT # 10760 THIS COCFOR PUBLIC WORKS CONSTRUCTION is made this day of Oc ber 2017, and entered into by and between the City of Meridian, a municipal c rporation 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 Sox 157 Star, ID 83669 and whose Public Works Contractor License # is C -14428 -AAA -4 . INTRODUCTION Whereas, the City has a need for services involving Pressure Reducing Valves (PRVs); 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 Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor CHERRY LANE PRVS page 1 of 13 Project 10760 The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 31. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 32. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 33. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian STAR CONSTRUCTION, LLC Purchasing Manager Attn: Ancil Irminger 33 E Broadway Ave PO Box 157 Meridian, ID 83642 Star, ID 83669 208-489-0417 Phone: 208-286-9198 Email: starconstructionll@gmail.com Idaho Public Works License #14428 -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 Meridian. CITY OF MERIDIAN NAME OF -CONTRACTOR , BY: BY: TAMMY de ERD, MAYORf Dated: // / �- l ;�" L CHERRY LANE PRVS Project 10760 Dated:' !� page 10 of 13 Approved by Council: Attest: C.JAY CbLES, UTY CLERK Purchasing Approval BY: AVZ1,'1-1J-7 / KEIT - A T urcha/sing Manager Dated::? i/ I Project Manager Garrick Nelson CHERRY LANE PRVS Project 10760 Go�QORp,TEDAC/GLS i 2 y Com�►�� o '[ E� Cit) -a �O \ SEAL A -,I Depar rnOnt Appr v51, BY: WA EN STEWART, City Engineer Dated:: 6 C- `f'y. , 2417— page 417 page 11 of 13