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
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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
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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
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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
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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
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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
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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
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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
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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
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('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
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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
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.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 -
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AN NUAL
RE PORT
ANNUAL
REPORT
ANNUAL
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REPORT
ANNUAL
REPORT
ANNUAL
REPORT
Idaho Secretary of State's Main Paqe State of ldaho Home Paoe
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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
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PROOUCER
Pogt Insurance
2717 w. Bannock
P. O. Box 844?
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S€rvj,ces, Inc.
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INSUREO
Star Constructj.on, LLC
PO Box 15?
Star rD 83 569
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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
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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
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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