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HomeMy WebLinkAbout2015-355 Contract - James W Fowler Co C1 T Y Of CITY OF ASHLAND ASHLAND PUBLIC IMPROVEMENT CONTRACT TAP Intertie Booster Pump Station Project No. 2008-08 This Contract is between the CI'TV OF ASIILAND, a municipal corporation of the State of Oregon (hereinafter "City") and James W. Fowler Co. (Hereinafter "Contractor"). The City's Project Manager for this Contract is Moran Vamlan, Venior Proiea Manager, City ol'A,lanr! Prrhlie lY or~.r Del)arlhnent. FUNDING: Work under this contract will be funded by the federal Safe Drinking Water Revolving _Loan Fund through the Oregon Business Development Department and a partnership of Local Funds. This contract is for a public work subject to BOTH the state Prevailing Wage Rates and federal Davis-Bacon Act. The higher of the wage rates must be paid. Davis Bacon General Decision Nos.: OR20140056 Modification No: 07/03/2015 OR150026 'Modification No. 08/28/2015 Prevailing Wage Rates for Public Works Contracts in Oregon (BOI.I) Effective: July, 2015 Information on Prevailing Wage Rates at: www.oregon.gov/boh WHEREAS, All work will be completed in accordance with the requirements and provisions of this contract, and the following Exhibits which are attached to and incorporated in this contract. a. Signed Proposal and Bid Schedule with required documents submitted and signed by Contractor (Exhibit b. Certification Regarding Lobbying (Exhibit B) c. Certification of Representation (Exhibit C) d. Notice of Award (Exhibit D) e. Notice to Proceed (Exhibit E) f. Oregon Prevailing Wage Rates - I Jffective July 1, 2015 - BOLl.gov (Exhibit F) g. Prevailing Wage Requirements (Exhibit G) h. Davis-Bacon Wage Determination (Exhibit H) i. Federal Labor Standards Provisions (Exhibit I) j. Six Good-Faith Efforts (Exhibit J) k. City of Ashland standard terms and conditions for Public Improvement contracts (Exhibit K) 1. Volume I, Part 1: Bid and Contract Documents (bound separately) in. Volume I, Part 2: Special Provisions (bound separately) n. Volume I, Part 3: "Technical Specifications (bound separately) o. Volume II, Part 4: Plans (bound separately) 1 I'_; I59:+9PAI N thdl 11,14 (13; o4 1 nu l Pump Sunon'.C m: i,uti m mnau `,C ntract fin IAA- I 1', t- (:(1.A r, I AP P, u,p Statu n '111 I'()'d- NOW THEREFORE, for good and valuable consideration the parties mutually covenant and agree as follows: 1. Recitals The recitals set forth above are true and correct and are incorporated herein by this reference. 2. Effective Date and Duration This contract is effective on or on the date at which every party has signed this contract, whichever is later. The work under this contract shall, unless otherwise terminated or extended, be substantially completed in accordance with Paragraph 22 of the City of Ashland Standard Terms and Conditions for Public Improvement Contracts with fifteen (15) calendar days of the date of issuance of Notice to Proceed. All Work, including punclilist items, shall be completed within forty-five (45) calendar days of the date of issuance of Substantial Completion. 3. Statement of Work The work under this contract is for TAP Interne Booster Pump Station 5r~Lect including conslnidion Dean 840 jVuare oot booster-Pump station, including all tzvil, s1mallral, mechanical, electrical, and automatic control) or,. as is more fully described in the Contract Documents, incorporated herein and made a part hereof by this reference. The statement of work, including the delivery schedule for the work, is contained in the Contract Documents. Contractor acknowledges receipt of all Contract Documents in existence at the date the Contract is signed and further acknowledges Contractor has read and fully understands the Contract Documents, and understands that in signing this Agreement contractor waives all rights to plead misunderstandings regarding the same. Contractor shall, at its own risk and expense, perform the work described in the Contract Documents and furnish all permits, labor, tools, machinery, materials, transportation, egtupment and services of all kinds required for, necessan- for, or reasonable incidental to, performance of the work, that is, the construction of this IAP Intertie Booster Pum- Station for the City of Ashland, Oregon, as shown in the Contract Documents. Contractor shall secure all Municipal, County, State, or Federal Permits or licenses including payment of permit fees, license fees and royalties necessary or incident to performance of the work on this contract. The risk of loss for such work shall not shift to the City until written acceptance of the work by the City. 4. Required Clauses 1. Contractor shall comply with Executive Order 11.246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 12, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60)." 2 Both,11 Uata',(J A`.1014-033,.01 Final Pump Star m, `,(.on t-,tir n (onto ,I (:oncract for VA' I "'l- fot (:O \ m I VP Pump tiri ti. a '01 ~L'U_.&- II. Contractor receiving SDWRL funds shall under or through this contract to, post notice of the rights and remedies provided to whistleblowers under No Tear Act Pub. L. 107-174.29 CFR & 1614.703 (d)." III. Contractor certifies that it is not debarred or suspended or is otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension, and shall not contract or permit any subcontract at any level with any party similarly excluded or ineligible. A list of excluded parties is available in the Excluded Parties List System at Nvww.epls.gov under search records. IV. Contractor shall comply with the Copeland "Anti-Kickback" Act (18 U.S.C, 847) as supplemented in Department of Labor regulations (29 CFR part 3). V. Contractor hereby grants to the U.S. EPA a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government purposes, any intellectual property developed under this contract. Contractor shall secure from third parties the same license in the name of the U.S. EPA regarding any intellectual property developed by third parties as subcontractors under this contract, or developed under contract with the Contractor specifically to fulfill Contractor's obligations related to this contract. VI. Contractor shall permit and cause its' subcontractors to allow the City of Ashland, the State of Oregon, the federal government and any party designated by them to: • Examine, visit and inspect, at any and all reasonable times, the property, if any, constituting the Project • Inspect and make copies of any accounts, books and records, including, without limitation, its records regarding receipts, disbursement, contracts, and anv other matters relating to the Project, and to its financial standing, and shall supply such reports and information as reasonable requested • Interview any officer or employee of the Contractor, or its subcontractors, regarding the Project. Contractor shall retain all records related to the Project for three years after final payments are made and any pending matters are closed. VII. Recipient will implement the good faith efforts for solicitation and contracting with Disadvantaged Business Enterprises (DBE) described in Section 4.1 of the Safe Drinking Water Handbook. This applies to all solicitation and contracting for construction, equipment, supplies, engineering or other services that constitute the Project financed by this Contract. Recipient will maintain documentation in a Project file and Disadvantaged Business Enterprises. Recipient will implement the good faith efforts for solicitation and contracting with Disadvantaged Business Enterprises (DBl?) described in Section 4.1 of the safe Drinking Water Handbook. This applies to all solicitation and contracting for construction, equipment, supplies, engineering, or other services that constitute the Project financed by this contract. Recipient will maintain documentation in a Project file and submit required forms, as described in Section 4.1 of the Safe Drinking Water Handbook. Recipient will ensure that all prime contractors and subcontractors implement the good faith efforts for solicitation and contracting, and comply with all DBE procurement forms, statements, and reporting 3 I'i "15_:11'1'\1 /Bodo11 1 .ita',C(1 V J011 11 ,U41 nal Pump v,tun< ,-1,i Id, m Cnn.u`. I:rm uau f~ , AAA I,1" f," 0 ~ A rc l_AP I'wnp Stan"",'u 1-,1 2(10d, requirements. If the Loan exceeds $250,000, recipient agrees to apple the current regional fair share objectives. Recipient will ensure that each procurement contract (prime plus all subcontractor contracts) includes the following term and condition: The contractor shall not discrinyinate on the ba u*S of race, color, national origin or six in the performance of this contract. I he contractor shall carry orrt applicable requirements of 4 0 CF R part 33 in the award and administration of contracts awarded under EPA financial aj-37'stance agreements. Failure ly contractor to carry out there requirements is a material breach of this contract which may result in the temination o f this contract or other legally available remedies. Recipient will ensure that all prime contractors and subcontractors implement the good faith efforts for solicitation and contracting, and comply with all DBEW procurements forms, statements, and reporting requirements. If the Loan Exceeds $250,000, Recipient agrees to apple the current regional fair share objectives. VIII. American Iron Steel: The Contractor acknowledges to and for the benefit of the City of Ashland ("Purchaser") and the State of Oregon (the "State") that it understands the goods and services under this Agreement are being funded with monies made available by the Drinking Water State Revolving Fund that have statutory requirements commonly known as "American Iron and Steel;" that requires all of the iron and steel products used in the project to be produced in the United States American Iron and Steel Requirement") including iron and steel products provided by the Contactor pursuant to this Agreement. The Contractor hereby represents and warrants to and for the benefit of the Purchaser and the State that (a) the Contractor has reviewed and understands the American Iron and Steel Requirement, (b) all of the iron and steel products used in the project will be and/or have been produced in the United States in a manner that complies with the American Iron and Steel Requirement, unless a waiver of the requirement is approved, and (c) the Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the American Iron and Steel Requirement, as may be requested by the Purchaser or the State. Notwithstanding; any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Purchaser or State to recover as damages against the Contractor any loss, expense, or cost (including without limitation attorncy's fees) incurred by the Purchaser or State resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the State or any damages owed to the State by the Purchaser). While the Contractor has no direct contractual privity with the State, as a lender to the Purchaser for the funding of its project, the Purchaser and the Contractor agree that the State is a third-party beneficiary- and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the State. Prevailing Wage Requirements. "Construction projects assisted in whole or in part with the Safe Drinking Water Revolving Loan Fund Program (SDWRLF) must be carried out in compliance with Federal Davis Bacon and Related Acts and the Oregon Bureau of Labor and Industries (BOLI) requirements. Contractor shall pay each 4 I'_;--11'_a 112011\1 / Ii,th, il Uata('O.AA 11) 14 113 ,n~ 1 inal Pump Stm n ,C n>~n ion f;onn cr..Contnut tnr AA -nirr Gar C(1.A rc 1_AP Pump tindnn i1 'W 1,,cx worker employed in the performance of this contract not less than the higher of the wage rate for the type of work being performed as set forth in either the Oregon Prevailing Wage "Prevailing Wage Rate for Public Works Contracts in Oregon" or the applicable federal Davis-Bacon Wage Decision. Contractor shall download a U.S. Department of Labor Employee Fair Compensation Notice and post it at the work site along with a list of locally prevailing wage rates. Contractor shall prepare and submit weekly Certified Payroll Reports on forms to be supplied by Oregon Business Development Department. Contractor shall permit access to construction site in order to conduct on-site interviews with workers during working hours." (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage detertninafion for the classification of work actually performed, without regard to skill, except as provided in j 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. Subrecipients may obtain wage determinations from the U.S. Department of Labor's web site, (ii)(A) The subrecipient(s), on behalf of EPA, shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The State award official shall approve a request for an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determvlation. 5 1'_-15 3:0_ P\1 `..BothJ1VUata`.C(1V'..1 11 (1 ,u-1 1 ina1 Pump Scat onA(.r "s"o"trn m (:nntiact (:ontnct 6n )AA" I-.I%,It, for CO.A rc I VP Pt np Station ~ 1]51 2a? docs (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the subrecipient(s) agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), documentation of the action taken and the request, including the local wage determination shall be sent by the subrecipient (s) to the State award official. The State award official will transmit the request, to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210 and to the EPA DB Regional Coordinator concurrently. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification request within 30 days of receipt and so advise the State award official or will notify the State award official within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the subrecipient(s) do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the award official shall refer the request and the local wage determination, including the views of all interested parties and the recommendation of the State award official, to the Administrator for determination. The request shall be sent to the EPA DB Regional Coordinator concurrently. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt of the request and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii)(B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withholding. The subrecipient(s), shall upon written request of the EPA Award Official or an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 6 t~ - 1, ~:~e P\I B,,thdl Wt, ).1 ..101-1 033V(14I inal Pump Snr<n'.Con:uucii m Conn.ict Conua't her AA 1-14'1 for (:(7_A 11 1' \P Pump Station'0151''n_ 11,11 (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a) (1) (iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b) (2) (B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the subrecipient, that is, the entity that receives the sub-grant or loan from the State capitalization grant recipient. Such documentation shall be available on request of the State recipient or EPA. As to each payroll copy received, the subrecipient shall provide written confirmation in a form satisfactory to the State indicating whether or not the project is in compliance with the requirements of 29 CFR 53(a)(1) based on the most recent payroll copies for the specified week. The payrolls shall set out accurately and completely all of the information required to be maintained under 29 CFR 53(a)(3)(i), except that full social security numbers and home addresses shall not be included on the weekly payrolls. Instead the payrolls shall only need to include an individually, identifving number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and I lour Division Web site at http://«v,,-v,~-.dol.ov/esa/v~,-hd/fot-tns/`wh347instr.litm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the subrecipient(s) for transmission to the State or EPA if requested by EPA, the State, the contractor, or the Wage and Ilour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the subrecT'ent(s). (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: 1'11 1", P\I / i h,11 1):v:t',( ( ) V'Iu)14 033 04 1 eal Pump tirar on -trncti n G ntract ( nrcicr tnr JAA- I -dcr t- (:U.A rc I V Pu np Stan n '015I'W do" (1) That the payroll for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the State, EPA or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency or State may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees- (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice iti such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, I mployer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an 8 I'_''; I'\I ss / `Bodhdl Da(, < O AVluld 019 ()41S-l 1'u,-p Sri -n ..(.-,,t-, rvon t:onn<si`.( , nnacr f,,r AAA' Pin 1, 6n1Y1.A rc T.AP 1) p stami n'n151d, apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the ikdministrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized b}' the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and 't'raining Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity-. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. 9 1°: r iii] ISM /.'Rndnll Data1014 u13 (11 1 final Pu-p Sias n`.~.u n-o( - Cw, G nuau IVn)AA li,clcr f,r C:C1 \ rc T-AP Pump Sm~i m'UI SI_n'_.(1, (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the EPA determines may by appropriate, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance With Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and Subrecipient(s), State, EPA, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractors firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CF'R 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Contract Provisions for Contracts in Excess of $100,000: (a) Contract Work I lours and Safety Standards Pict. The subrecipient shall insert the following clauses set forth in paragraphs (a)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by Item 3, above or 29 CFR 4.6 as used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall to II, lo, P\I / VB,,th,11 Baia1111103S 0114nal Pump Stars i ( anstrncnon t:onu act ( mtractfireIAA 1 1,,t(rr(A rc I VP Pump Srvlnn'U I, 1 3U?. doc\ require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (a)(1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (a) (1) of this section, in the sum of $10 for each calendar day on which individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (a)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The subrecipient, upon written request of the EPA Award Official or an authorized representative of the Department of Labor, shall withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract of any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work I lours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph by (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (a)(1) through (4) of this section and also a clause requiting the subcontractors to include these clauses in any lower-tier-subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (s)(1) through (4) of this section. (b) In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract Work flours and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the Subrecipient shall insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Subrecipient shall insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. (5) Compliance Verification (1) the subrecipient may periodically interview employees to provide a check against payroll data, throughout the duration of the construction project, but interviews are not required for Safe Drinking Water Revolving Loan Fund projects. The subrecipient has the option to conduct interviews, an options that should be exercised if needed to address any compliance issues. Contractors must allow access to all workers for interviews, if requested. As 11 -'.N t1,J1 OmaIn l-1 11 3 14 1 inal Pump Star n, ,f:on: unc~ion < < nn ct ( mu-act f- VA I', ,Nclcr f - <:O A rc I AP Pump tir~ir,n 3uGI3n3d-, provided in 29 CFR 5.6(s)(6), all interviews if conducted, must be conduction in confidence. The subrecipient must use Standard Form 1445 (SF 1445) or equivalent documentation to memorialize the interviews. Copies of SF 1445 are available from EPA on request. (b) The subrecipient shall establish and follow an interview schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors throughout the duration of the contract or subcontract. If necessary, the subrecipient should conduct interviews with a representative groups of employees Subrecipients must conduct more frequent interviews if the initial interviews or other information indicates that there is a risk that the contractor or subcontractor is not complying with DB. Subrecipients shall immediate conduct necessary interviews in response to an alleged violation of the prevailing wage requirements. All interviews shall be conducted in confidence. (c) The subrecipient shall periodically conduct spot checks of a representative sample of weekly payroll data to verify that contractors or subcontractors are paying the appropriate wage rates. The subrecipient shall establish and follow a spot check schedule based on its assessment of the risks of noncompliance with dB posed by contractors or subcontractors and the duration of the contract or subcontract. At a minimum, if practicable, the subrecipient should spot check payroll data within two weeks of each contractor or subcontractor's submission of its initial payroll data and two weeks prior to the completion date the contract or subcontract. Subrecipients must conduct more frequent spot checks if the initial spot check or other information indicates that there is a risk that the contractor or subcontractor is not complying with DF. In addition, during the examinations the subrecipient shall verify evidence of fringe benefit plans and payments thereunder by contractors and subcontractors who claim credit for fringe benefit contributions. (d) The subrecipient shall periodically review contractors and subcontractor's use of apprentices and trainees to verify registration and certification with respect to apprenticeship and training programs approved by either the U.S. Department of Labor or a state, as appropriate, and that contractors and subcontractors are not using disproportionate numbers of, laborers, trainees and apprentices. These reviews shall be conducted in accordance with the schedules for spot checks and interviews described in Item 5(b) and (c) above. (e) Subrecipients must immediately report potential violations of the DB prevailing wage requirements to the EPA DB contact listed above and to the appropriate DOI., Wage and Hour District Office listed at litm://www.dol.gov/esa/contact/whd/amcrica".litm IX. Contractor shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), 1 Jxecutive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). 5. Consideration a. City agrees to pay Contractor, at the times and in the manner provided in the Contract Documents, a sum not to exceed: One million fifteen thousand dollars and no cents 1,015,000.00) for accomplishing the work required by this contract, including allowable expenses. This fixed sum cannot be modified except by Change Order approved in writing by City and Funding Agency. Any progress payments to Contractor shall be made only in accordance with the schedule and requirements iti Section 21, Standard Terms and Conditions. 12 L'_r' 1.3 _':u°_ PAI /,KthJI ..1)m, 10 14 0 i3011 ialPfill) tat II <-ti icti nt Cann acr,Coutnct l~n- 1A\ Fo1, far C(1.Arr 1.AP I'll 1, Scvion'u 13l'n_. dux-~ b. City certifies that sufficient funds have been appropriated to make payments required by this contract during the current fiscal year. Contractor understands and agrees that Citv's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event Citv has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. CONTRACTOR DATA, CERTIFICATION, AND SIGNATURE Business Name (please print): James W. Fowler, Co. Contact Name: lames B. Fowler Phone: 503/623-5373 Fax: 503/623-5373 Address: 12775 Westview Drive Dallas, OR 97338 Do Not lYlrite Federal and State I a. ID Nnwben on Mis flgrehment.• One eopy of lr9 i'S to be snblvitted zvitb the .rimer( contract to be kept on file in Me City of Asbland I'inane Department. Ashland Business License # Construction Contractors Board # 63701 Citizenship: Nonresident alien Yes X No Business Designation (check one): Individual _ Sole Proprietorship Partnership Y Corporation _ Gov ernment/Nonprofit The above information must be provided prior to contract approval. Payment information will be reported to the Internal Revenue Service (IRS) under the name and taxpayer I.D. number provided above. (See IRS 1099 for additional instructions regarding taxpayer ID numbers.) Information not matching IRS records could subject you to 31 percent backup withholding. 1, the undersigned, understand that the Standard Perms and Conditions for Public Improvement Contract and all other Contract Documents as outlined above as being incorporated into this contract. I further understand the City is prohibited from entering into a contract when the contractor has neglected or refused to file any return, pay any tax, or properly contest a tax pursuant to ORS 305.385. I hereby certify, under penalty of perjury and false swearing, that I/my business am/is not in violation of any Oregon Tax laws. I further certify hat the certification and representations in Standard Term and Condition #16 [CCB 70-g ation R q errents] arc true and correct, and further I certify that I am an independent contraas c)ef O 670.600. Signed by Contractor: 0/2 -l 5 Signature/Title Date Printed Name:-, 1 V 13 11 T 1> 1111 MI / ..N th,11 IJata`,(JI A ,In1-1 nA3, 141 J 1"1 1, Sru u`,(i)n.t' union r onn -t'.(:on t, act Ilrc VA I In 6n CU_A rc I.AP Pimp Srv i, n'U1513T.d,c~ NOTICE TO CONTRACTOR- This contract doer not bind the City ofAsbland unless and until it has been executed by the Public Contracting Ocer or designee as well as City Finance and Legal Department representatives. CITY OF ASHLAND SIGNATURE Approved: I Dave Kanner, City Administrator, City of Ashland Date - Authorized by Ordinance 3013 and Delegation Order dated jnne 22, 2010 Coding: ' wed: 1a -ter-15 RZz4-') ave Lohman, City Attorney (approved as to legal form) Date 14 12/7/15 2:03 PN1 Z:ABothcll\llata\CO:1\ 1014-033\04 Pmal Pump Station\Constmctton Contract VContnct for)\A- Powder for C( 1 re -CAP Pump Station 20151203.docs City of Ashland TAP Intertie Booster Pump Station Proiect No. 2008-08 Bid Schedule ITEM DESCRIPTION QTY. UNIT UNIT PRICE ITEM TOTAL NO. FIGURES Mobilization/Demobilization, Site Prep & Clean Up 1 Unit Price in Words 1 D COQ ] 000 • UO koo oc)aclz Temporary Erosion and Sediment Control 2 Unit Price in Words 1 LS Site Work and Utilities 3 Unit Price in Words e - 1 LS Unscheduled Excavation' + 4 Unit Price in Words pp n 30 CY 31t _ oc-0' 0 Unscheduled Structural Backfill' $ Unit Price in Words 60 TON Building Structure 6 Unit Price in Words i 1 LS Mechanical 7 Unit Price in Words 1 LS DYU^~\M^t~r Q~ crill~t dLr< < Iw Pumps and Motors 8 Unit Price in Words 1 LS h V w• 0 Electrical 9 Unit Price in Words p 1 LS -%,o 6 kA Z51 ~C~30. 06 Telemetry and Automatic Control 10 Unit Price in Words 1 LS As-builts and Operation and Maintenance 11 Manuals 1 LS Unit Price in Words X na~ d caw\)<~ rn ~J- i O~~ - UO f OCR? . Cab TAP Intertie Booster Pump Station Base Bid Total: Not to Exceed 1 O 52 U 010.- GO Notes: 1. Directed work item, see bid item descriptions 11 10/1 /I512:22 PI.t 0 2015 RH2 Engineering, Inc Z:\Bnthe9\Data\C0A\1014033\04 Final Pump Stadun\Specs Final PS\\on•Tcchnicals\Volumc I - Sections\Part I Bid Documents PUMP Station Pgs 13 -.dom Moog- 37. Bidder Information and Signature James W. Fowler Co. Firm Name of Bidder Sign at of Idder James W. Fowler Printed Name of Bidder President Official Title Oregon 63701 State of Incorporation CCB Number Dated this 29th day of October 2015. Name of Bidder James W. Fowler Co. Address 12775 Westview Drive, Dallas, OR 97338 Telephone No. (503) 623-5373 t; 12 10/1/15 1222 PM 0 2015 RH2 Engineering, Inc. ZAB0thell\Dat3\C0A\1014.033\04 I1na1 Pump Sudon\Specs FnA PS\Non-Tcchnicals\Volume I - Sections\Part I Bid Documrnts Pump Station Pgs 13 -aloe PERFORMANCE BOND The undersigned James W. Fowler Co. as principal, further referred to in this bond as Contractor, and Liberty Mutual Insurance Company , as surety, further referred to in this bond as Surety, are jointly and severally bound unto City of Ashland, as obligee, further referred to in this bond as City, in the sum of One Million Fifteen Thousand & 00/100---------------------------------------------------------------------------- Dollars 1,015,000.00 Contractor and City have entered into a written contract dated for the following project: TAP Intertie Booster Pump Station. This contract is further referred to in this bond as the Contract and is incorporated into this bond by this reference. The conditions of this bond are: 1. If Contractor faithfully performs the Contract in accordance with the plans, specifications and conditions of the contract within the time prescribed by the Contract, as required by ORS 279C. 380 through 279C.385, then this obligation is null and void; otherwise it shall remain in full force and effect. 2. If Contractor is declared by City to be in default under the Contract, the Surety shall promptly remedy the default, perform all of Contractor's obligations under the contract in accordance with its terms and conditions and pay to City all damages that are due under the Contract. 3. This bond is subject to claims under ORS 279C.380 through 279C.390. 4. This obligation jointly and severally binds Contractor and Surety and their respective heirs, executors, administrators, successors. 5. Surety waives notice of modification of the Contract or extension of the Contract time. 6. Nonpayment of the bond premium shall not invalidate this bond. 7. The bond number and the name, address, and telephone number of the agent authorized to receive notices concerning this bond are as follows. Bond Number: 023034191 Bond Agent: Parker, Smith & Feek, Inc. Address: 2233 112th Avenue N.E. Bellevue WA 98004 Telephone: (425) 709-3600 83 10/1/15 12:22 P\I O 2015 RH2 F,ngineenng, Inc. Z:\Bothell\Data\COA\1014-033\04 Final Pump Station\Specs Finn] PS\Non-Technicals\6o1ume I - Sections\Pm I Bid Documents Pump Station Pgs 13 -.docx SIGNED this day of 2015. A PERFORMANCE BOND Page 2 WITNESS: CONTRACTOR: J r o. /1, By: I v vv J?v (Corporate Seal) Title: Legal Address: 12775 Westview Drive Dallas, OR 97338 Attest: l Corporate Secretary WITNES ~a SURETY: Liberty Mutual Insurance Company (Corporate Seal) By: J ll . Boyle Title: A rney-in-Fact Legal Address: 175 Berkeley Street Boston, MA 02116 ~!F l Z'l ( ~2~ C C l l Attest: Corporate Secretary 84 10/1/15 12:22 P\I O 2015 RI-I2 Engineering, Inc. Z'\Bothell\Data\CO9\1014-033\04 Final Pump Station\Specs Final PS\Non-Technicals\Volume I - Sections\Part I Bid Documents Pump Station Pgs 13 -.docx PAYMENT BOND The undersigned James W. Fowler Co. as principal, further referred to in this bond as Contractor, and Liberty Mutual Insurance Company as surety, further referred to in this bond as Surety, are jointly and severally bound unto City of Ashland, as obligee, further referred to in this bond as City, in the sum of One Million Fifteen Thousand & 00/100----------------------------------------------------------------------------- Dollars 1,015,000.00 Contractor and City have entered into a written contract dated for the following project: TAP Intertie Booster Pump Station. This contract is further referred to in this bond as the Contract and is incorporated into this bond by this reference. The conditions of this bond are: 1. If Contractor faithfully performs the Contract within the time prescribed by the Contract, and promptly makes payment to all claimants, as defined in ORS 279C.600 through 279C.620, then this obligation is null and void; otherwise it shall remain in full force and effect. 2. If Contractor is declared by City to be in default under the Contract, the Surety shall promptly remedy the default, perform all of Contractor's obligations under the contract in accordance with its terms and conditions and pay to City all damages that are due under the Contract. 3. This bond is subject to claims under ORS 279C.600 through 279C.620. 4. This obligation jointly and severally binds Contractor and Surety and their respective heirs, executors, administrators, successors. 5. Surety waives notice of modification of the Contract or extension of the Contract time. 6. Nonpayment of the bond premium shall not invalidate this bond. 7. The bond number and the name, address, and telephone number of the agent authorized to receive notices concerning this bond are as follows: Bond Number: 023034191 Bond Agent: Parker, Smith & Feek, Inc. Address: 2233 112th Avenue N.E. Bellevue, WA 98004 Telephone: (425) 709-3600 SIGNED this day of 2015. 85 I0/1/15 12:22 P\I O 2015 RH2 Engineering, Inc. ZABotheU\Data\C0A\l011-033\04 Final Pump Station\Specs Final PS\Non-Technicals\Volume I - Sections\Part I Bid Documents Pump Station Pgs 13 -.docz PAYMENT BOND - Page 2 WITNESS: CONTRACTOR: J jjj jo /e/Jc. By: (Corporate Seal) Title: V-P Legal Address: 12775 Westview Drive Dallas, OR 97338 Attest: Corporate Secretary WITNESS: LjQiq SURETY: -Liberty Mutual Insurance Company (Corporate Seal) By' Jill . Boyle Title: A rnery-in-Fact Legal Address: 175 Berkeley Street Boston, MA 02116 Attest: 1,~~z2 -721 Corporate Secretary 86 10/1/15 12:22 I'M © 2015 RH2 Engineering, Inc. Z:\Bothell\Data\C0.9\1013-033\03 Final pump Station\Specs Final PS\Non-TechnlcalAVo1 me I - Sections\Part I Bid Documents Pump Station Pgs 13 -.docx THIS• FLOWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7104890 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Deanna M French; Elizabeth R Hahn; Guy Armfield• Jana M. Roy Jill A. Boyle; Jim Hamlin; John Claeys; Lawrence J. Newton; Mindee L. Rankin Roger Kaltenbach; Ronald J Lange; Scott Fisher Scott McGilvray• Susan B. Larson all of the city of Bellevue state of WA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 3rd day of September 2015 American Fire and Casualty Company a' The Ohio Casualty Insurance Company uJ .c - l R~9c" O ,or a ,-T 9Z o 4 Y~, (/1 Liberty Mutual Insurance Company m x 1905 y 0 1919 n s = o 1912 1991 West mencan Insurance Company By: ( A C David M. Care , Assistant Secretary STATE OF PENNSYLVANIA ss ca 41 L COUNTY OF MONTGOMERY - O ti On this 3rd day of September , 2015 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and v v a) Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, >,W p execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. L d > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. O CL CA PpSTF COMMONWEALTH OF PENNSYLVANIA Q M y Q - - 41 Q. aoNw$ ` Notarial Seal ! N Qt i F Teresa Pastella, Notary PubliC By: O M O y of Plymouth Twp., Montgomery County Teresa Pastella, Notary Public y = My Commission Expires March 28, 2017 3 Q +y~'ti5YG~3p~'a~G Member. Pennsylvania Association of Notaries O E w N RFly Pig a. N c This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance m p y ; Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: r d ARTICLE IV - OFFICERS - Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject O C 4) to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, y O = acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective E 6 powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so m executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under > the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. dam' = N M r ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, E oQ > i and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, M '6r_- GO Z v seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their U 6 respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so Oo executed such instruments shall be as binding as if signed by the president and attested by the secretary. O Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in- ~ fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. _ IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of 20 ' aC Sr, -j I JS'- ~ 4N ,S 1 c o 0 313 1512 991 By: s Gregory W. Davenport, Assistant Secretary 2 p <9 507 of 700 LMS 12873 122013 ,acoR°0 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDVYYV) 12/9/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER CONTACT NAME: Kimberly Schlei er Woodruff Sawyer Oregon, Inc. PHONE . 503-416-7180 Fax Nol: 503-243-1815 1001 SW 5th Avenue, Suite 1000 E-MAIL kschlei Portland OR 97204 ADDRESS, ger@wsandco.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: SAI F Corporation _ 36196 INSURED JAM E W FO-01 INSURER B : James W Fowler Co. INSURER C : 12775 Westview Drive Dallas OR 97338 INSURER D: INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: 122200320 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE NSD WVD POLICY NUMBER (MM/DDNYYY) Y EFF (MM/DD Y EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 71 CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ POLICY PRO- ❑ JECT LOC PRODUCTS - COMP/OP AGG $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accidenf ANY AUTO BODI', Y '.4JLRY (Per person) $ ALL OWNED SCHEDULED BODIL", NJURY Per accident) $ AUTOS AUTOS ( HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS Per accident) $ P - $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION S $ A WORKERS COMPENSATION 812482 10/1/2015 10/1/2016 PER OTH- AND EMPLOYERS' LIABILITY Y / N X STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E1 . EACACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $1,000,000 If yes, describe under - DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space is required) Operations of the Named Insured subject to the terms, conditions and exclusions of the policy issued by the insurance Company. TAP Intertie Booster Pump Station; Project No. 2008-08 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main Street Ashland OR 97520 AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 2015 Y) AC0 CERTIFICATE OF LIABILITY INSURANCE 1DATE2//1MM/1 /2015 164~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE SSUiNG INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Parker, Smith & Feek, Inc. PHONE 425 709 3600 FAX 425-709-7460 2233 112th Avenue NE A-c No E-MAIL Bellevue, WA 98004 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Zurich American Insurance Co. INSURED James W. Fowler Co. INSURER B: American Guarantee & Liability Ins. - 12775 Westview Drive INSURER c: National Union Fire Insurance Co. of Dallas, OR 97338 INSURER D: INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAP IED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN :S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MM DD MM DD LIMITS GENERAL LIABILITY GLA286250313 11/1/2015 11/1/2016 EACH OCCJRRENCE $ 1,000,000 A X COMMERCIAL GENERAL'-IABILITY DAM,-~ _SO RENTED X I PR M~+=s ;Fa c currence $ 300,000 CLAIMS-MADE X OCCUR Mrs EXD w,y one person) $ 10,000 PRSO:NAL 3ADV INJURY $ 1,000,000 F CEN A RE'GAT-. $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODCCTS - COMP/OP AGG $ 2,000,000 POLICY X PRO- X _OC ~i~ $ AUTOMOBILE LIABILITY li GLA286250313 COMBINED SINGLE LIMIT 1 000 000 B 11/1/2015 11/1/2016 (Eaacc,der0 X ANY AUTO X BODILY INJU RY(Per person) $ ALL OWNED SCHEDIJ LED BODI~Y AUTOS AUTOS IN.,URY (Per accident) $ I~ NON-OWNED ! PRO P-Y AMAGE HIRED AUTOS ;AUTOS $ $ C UMBRELLA LIAB X'. cccUR BE026059475 11/1/2015 11/1/2016 EA ,<.CiRI,;cE $ 1,000,000 EXCESS LIAB X 1 L CLAIMS-MADE AC Z a $ DIED X RETENTIONS 19,000 $ - A WORKERS COMPENSATION GLA286250313 `ATU- jOTH- ANDEMPLOYERS'LIABILITY 11/1/2015 11/1/2016'x. 11TS ANY PROPRIETOR/PARTNER EXECJT~,`!E ,Y,~ j WA Stop Gap E _A 'H ACCIDENT $ 1 ,000+000 OFFICER/MEMBER EXCLUDED? UN A - (Mandatory In NH) E L. Da-asU - EA. EMPLOYE $ 1,000,000 If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E D!SEAS POLICY LIMIT $ DESCRIPTION OF OPERATIONS LOCATIONS r VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) TAP Intertie Booster Pump Station Frojeci No. 2008-08. City of Ashland, and its agents. officers, and employees are ar. ~duit.ona''. ins!red on the general liability, automobile, and excess iabiiity pDlio'es per the attached endorsements/forms. CERTIFICATE HOLDER CANCELLATION s SHOULD ANY OF THE ABOVE DESCRIEEC F'O_ICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, N=_'T3 E WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PFti b`iSC'i'uS. City of Ashland 20 East Main AUTHORIZED REPRESENTATIVE Ashland, OR 97520 AM © 1988-2010 ACORD :'rUR.~C RATiON. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 1 of 10 JAMEFOVVL (TLJ01) 0 Coverage t o Endorsement ZURICH"' Policy No. _..C Poi_ Exp. Date of Pol. Eff. Date of End. Producer No. I Add'/, Pren- Return Prem. GLA-2862503- . -5 11/01/2016 11/01j2015 7 _ N/A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modif es i, ,surance provided under the: Business Auto Coverage Form Motor Carrier Cove-ace Form A. Amended Who is An ~ s; red 1. The following is ad'Jed to the Who Is An Insured Provision in Section If - Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating ari "auto" hired or rented under a contract or agreement in an "employee's'= name, with your Permiss;o-;, e performing duties related to the conduct of your business. b• Anyo,e rig services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to tr zns~oFt your clients or other persons in activities necessary to your business. c. Anyone else vi-o furnishes an "auto" referenced in Paragraphs A.1.a. and A.i.b, in this endorsement. d. Where and to 'the extent permitted by law, any person(s) or organization(s) where required by written contract or written a reement with you executed prior to any "accidentincluding those person(s) or organization(s) directing your v!ork pursuant to such written contract or written agreement with you, provided the "accident" arises out o' .-j aerations governed by such contract or agreement and only up to the limits required in the written coat°-c written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is sued to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance - Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any -ersor.(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additic),n< S red" will apply on an excess basis. However, in no even; will this coverage extend beyond the terms and c is of the Coverage Form. B. Amendment - upplc; -,antary Payments Paragraphs a.() a cl a.(4) of the Coverage Extensions Provision in Section lI Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. 1,11e do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. U-CA-424-F CW (04-14) Page 1 of 6 "_.des copyrighted material of Insurance Services Office, Inc, w'`~ it-- -e--Jssi,), 2 of 10 JAMEFOWL (TLJ01 t Coverage Extension Endorsement ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add']. Prem Return Prem. GLA-2862503-13 11/01/2015 11/01/2016 11/01/2015 73791000 Incl. N/A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An insured 1. The following is added to the Who Is An Insured Provision in Section II - Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.i.a. and A.i.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance - Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization (s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment -Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II - Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. U-CA-424-F CW (04-14) Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 2 of 10 JAMEFOWL (TLJ01) Endorsement # 5 This ends :F 12:01 am. November 1, 2015 Forms a F-026059475 Issued to Co- By, N, INSURANCE COMPANY OF PITTSBURGH, FAA. Cc .r.-arcial,Umbrella Liability Policy whit r i- ial Insured Endorsement Primary and Non- This polic Sectioo f-v.ragraph M. is amended to include the fr 'l ~ In rion for Mom you have agreed in vnit3~ at such d an additional insured on your police,, aeon is ! coverage provided by Scheduled ter d,-. ~ sort or di'tional insured only Wth respect to Hat hty a ~ location to liability arising out of the st ioization ft r n:,.;sions or those of its employees or an, overage a, r-heal insured parties, withers required by to, and y tither Insurance purchased and iss aid v, All otht inditions and exclusions of this policy remain unchang~!J, Counters:grn*, 853x35 O l AH3 8 C. The following is added to Pa g raph 2. Duties In The Event Of Occurrence, Offense Ez 0 Suit of Section IV - Commercial General Liabiltty Conditions: The additional insured must s,,~e to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result it a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV - Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is pr"rnar y to and will not seek contribution from any other insur available to an additional insured provided that: a. The additional insured, is a Named Insured under such other insurance; and b. You are required bl written contract or written agreement that this insurance oe primary and not seek contribution from any rut,ner insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV - Commercial General Liability Conditions: This insurance is excess over: Any of the other ir,s~rrarce, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additioral sured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which t`~e additional insured is a Named Insured on such other policy and where our policy is required by a written cortra::~ or vbitten agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement ,oes r,at apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endc,ssment applies specifically to that identified ad&'1 rai i ;su ed F. With respect to the ir,suran- afforced to the additional insureds under this endorse e ~c"owing is added to Section III - Limits Of Insurance: The most we will pa=y on beh_ if of the additional insured is the amount of insurance: 1. Required by the written contract cr written agreement referenced in Paragraph A. of this endorsement; or 2. Available under -,.e applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement ---.-ease the applicable Limits of Insurance shown in the D s. All other terms and rord`aons of „ policy' remain unchanged. U-GL-1175-F CW (04113) Page 2 of 2 rcludcs copyrighted material of Insurance Services Office, Inc., with its permissio,^ 9 of 10 JAMEFOWL (TLJ01) C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV - Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV - Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by -o,ritten contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV - Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contras- or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III - Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U-GL-1175-F CW (04113) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 9 of 10 JAMEFOWL (TLJ01) CITY OF -ASHLAND Bid Council Communication November 17, 2015, Business Meeting Award of Bid to the Apparent Low Bidder for the Talent Ashland Phoenix Emergency Pipeline Permanent Pump Station FROM: Michael R. Faught, Public Works Director, faughtm@asllland.or.us SUMMARY: The Council is asked to award a contract to James W. Fowler Co., the apparent low bidder for the TAP permanent pump station construction project, in the amount of $1,015,000. BACKGROUND AND POLICY IMPLICATIONS: Bidding procedure The permanent pump station project was publicly bid on October 6, 2015. The project was advertised in the Daily Journal of Commerce and bid documents were available through the Quest CDN (construction data network) an online procurement network. Quest CDN provides an online bid management program that was utilized for bidding the permanent pump station as recommended by RH2 Engineers. Bids were opened and publicly read aloud on October 29, 2015 at 2:00 pm in the Siskiyou Conference room. Three bids were received. JW Fowler Co. provided the low responsive bid of $1,015,000 for the permanent pump station project. RH2 Engineers has reviewed all required bid document submittals and generated a letter of recommendation for bid award that is attached. Project Description The project entails construction of the new permanent 2.13 million gallon per day (mgd) pump station with designed ability to expand to 3 mgd. The initial estimated cost provided by RH2 to the Council at the December 2, 2014 meeting was $1,020,000 for the pump station construction portion. The total project cost was estimated to be $4,860,000. The project also involves removing the temporary pump station components and relocating a majority of them to the permanent pump station. Background TAP project included engineering and construction of 14,000 feet of 16-inch pipeline within ODOT Highway 99 right-of-way from Ashland Mine Road in Ashland to Creel Road in Talent, and construction of an initial temporary pump station located near Butler Ford at the corner of Valley View and Highway 99. The new water supply system was designed to provide an additional 2.13mgd of water to Ashland for emergencies. Page 1 of 3 11rALLA CITY OF -AS H LA N D The project was designed and constructed in phases and funding for the project was accomplished just prior to the construction process. Staff successfully secured a $2.97 million Safe Drinking Water Revolving Loan at 1% interest that included $950,000 in loan forgiveness. Subsequently after Council approved the permanent pump station project in December, staff obtained an additional $541,027 in loan funding from the Infrastructure Financing Authority (IFA) to cover the additional costs associated with constructing the permanent pump station. In addition, staff successfully negotiated a long term water delivery agreement with the Medford Water Commission. Project History Ashland's 1998 Water Master Plan projected that daily peak water demand would exceed the treatment plant's capacity by 2016. At that time, the preferred solution was hooking into the City of Medford's drinking water supply through an interagency agreement called TAP. To that end, the City entered into a TAP agreement, invested $2.6 million to upsize the pipe from Medford to Talent and purchased Lost Creek water rights. The adopted 2012 water master plan recommended connectivity into the Talent Ashland Phoenix (TAP) pipeline to provide a backup emergency water supplement for Ashland. This project was scheduled for 2015; however, low snow fall and winter drought conditions led staff to recommend an emergency procurement process to move planning, permitting, engineering and construction of the emergency TAP water line from 2015 to 2014. An accelerated project schedule necessitated the emergency procurement process. At the February 18, 2014 Council meeting, Council approved the emergency engineering procurement process for the TAP pipeline. At the March 4, 2014 meeting Public Works presented the cost options for paying the MWC, SDC for both options along with the water delivery agreement. These options included whether to purchase 2.13 or 3 mgd worth of SDC's from the MW C. The 2.13 mgd represents the amount of water the City could receive on a daily average amount over 5 months based on the 1,000 acre feet of Lost Creek water rights. At the April 22, 2014 Council meeting, Council approved the emergency construction procurement of the TAP pipeline, re-obligated $2.4 million Park Estates Pump Station monies to the TAP project, granted the City Administrator contracting authority in excess of $100,000 for construction of the TAP pipeline, and granted the City Administrator authority to sign a State Revolving Fund loan agreement in the amount of $2.97 million. At the December 2, 2014 Council meeting, Council approved design and construction of a 2.13 mgd pump station capable of expanding to 3.0 mgd at an estimated cost of $1,020,000 with a total project cost of $4.86 million. COUNCIL GOALS: • Maintain existing infrastructure to meet regulatory requirements and minimize life-cycle costs • Deliver timely life-cycle capital improvement projects • Maintain and improve infrastructure that enhances the economic vitality of the community • Evaluate all city infrastructure regarding planning, management, and financial resources Page 2 of 3 11Fr, CITY OF ASHLAND FISCAL IMPLICATIONS: The TAP permanent pump station is funded directly as an approved capital improvement. The total approved budget for the project as approved by Council is $4.86 million. This amount includes the previously approved budget of $4.32 million along with the Council approved increase of $541,027 to the IFA loan. While the bids for the pump station are within the engineers estimate, the overall cost for the project will exceed initial projection of $4.86 million by $236,801. These additional costs are 4.9% over the previously estimated budget total and can be accounted for in the additions specified below. Additions included: • Rogue Valley Council of Governments assistance with IFA loan requirements ($8,205) • Civil West Engineering peer review of pump station design ($5,084) • Design of a booster station to move water from the Granite zone to the Crowson zone ($21,680) • Pump selection and analysis to support a future 3.0 mgd firm capacity ($23,344) • Design for installation of a second flow meter ($4,260) • Additional coordination to meet IFA contractual requirements ($2,640) • Design of additional architectural features to meet City's agreement with property owner and coordination of site design to be consistent with property owners future development. Design of additional electrical systems to meet future 3.0 mgd firm capacity ($99,373) • Remaining amount of RH2 engineering contract that covers construction administration of permanent pump station ($85,504) Total: $236,801 STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of a construction contract with James W. Fowler Co. for construction of the TAP permanent pump station. SUGGESTED MOTION: I move to approve a contract in the amount of $1,015,000 with James W. Fowler for construction of the permanent TAP pump station. ATTACHMENTS: 1. Bid Summary 2. Recommendation of award letter Page 3 of 3 o °O c°y <°o (°o °o o N ~j v a vi n m rn~ ro m o of N C r fO V O tn0 N f~0 vmi o O aND C F N to aN9 t0+] t~+1 tm0 M w Of in p O of of v~ iA N~ ~ eA O .u N o _ N N O O p O N V m m q O U ~ a N 1n <O QI f0 OD Oi O ~ N y r 6M9 H lc LO to o m r 2 r HN9 ~ nM V ~ N N fA ~ ~ b9 fA M f9 O O O O O O O O O O O O O O O O O O O O O O O Q n O O O O O O O O O O ~ n O O N O O O O O O O U J n O O N n O O O O O O n C < O M O N N O lA O h O u N m fA EA CN• N M m fA (y C r i» as efi iA rn Ln U) y dS ` o 0 0 0 0 0 0 0 0 0 0 7 W O O O O O O O O O O O U n O O In N O O O O O O n o 0 n v o 0 0 0 0 0 u n n o o .n ui 0 0 0 0 0 0 r m M LOi In o m o to ui 2 M N to 7 EA fA bi fA f9 O O O O O O O O O O O Q O O O O O O O O O O O Q O O O O O O O O O O O ~ O O O O O O O O O O O O J O O O O O O O O O O O C V < O M O M m O In o n m In L Q O fA O EA to N V m N N NfA to 3 r Vf fA Vi b9 fA fA G O ~ LL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a o 0 0 0 0c O C 0 0 0 E d o 0 0 0 0 0 0 0 ,p in i» 7 C O HM9 O O ~ m M N ~ 2 N N fA O V! ~ b9 fA fA f9 O O o O O O O O O O O Q O O O O O O O O O O O Q G O O O O O O O G O O G O O O O O V N m O M a9 f r Hm9 N !A m ~ t00 N m n O M Q W di Rj M Ef) EA Q r fq 0 0 0 0 0 0 0 0 0 0 0 W 0 0 0 0 0 0 0 0 0 0 0 y ~ o 0 o ui ao 0 0 0 0 0 0 ° ~ a o 0 o i» i» °o v n°{ c°o 0 0 W r ~ ao of of m o cv ~ r W 2 N bn9 N fA f9 Z ~ fA fA 69 N Z O O t W M m > i U p 7 2 W Q U N fn N > ZO y y ~ N j y O U ~ Q _ F 4f4 a E a d N O O O 4 C d ~ 7 C w c C O y G w U vti d w ~ CL O 2 M - lC6 y m E_ - E L d ° U v 7 ~ m d p -o o m 8 @ m d w > a c n a s y z 4 0 3 °v °v _ E E ma 2 F ti > > m' a' w F o:a ~ Y 0 W N M m n m O° LL i O 2 U November 5, 2015 www,rh2.com mailbox@rh2.com 1.8oo.720.8052 Mr. Morgan Wayman Senior Project Manager City of Ashland Community Development 51 Winburn Way Ashland, OR, 97520 22722 291' Drive SE, Suite 210 Bothell, WA 98021 Sent via: Email Subject: Recommendation of Bid Award -TAP Intertie Booster Pump Station Dear Mr. Wayman: The bids for the TAP Intertie Booster Pump Station Improvements project were opened at 51 Winburn Way on October 29th, 2015 at 2:00 p.m. Of the three bids received, James W. Fowler Co. submitted the lowest bid. The bids for this project are as follows. James W. Fowler Co. $1,015,000.00 McClure and Sons Inc. $1,152,727.00 Vitus Construction, Inc. $1,209,462.52 The engineer's estimate was $1,040,030.00 which is 2.4% percent above James W. Fowler Co. bid. RH2 Engineering, Inc., has reviewed the required documentation for the bid and everything submitted is in accordance with the bid specifications. RH2 Engineering, Inc. has 6500 SW Macadam Ave. Suite 125 Portland, OR 97239 also reviewed the required prequalification documentation and determined that James W. Fowler Co. is qualified to complete this work. Based on the complete bid provided and our review of the submitted documentation, we recommend that they be awarded the contract central Point for this project. If you have any questions regarding this recommendation, please feel free to contact me at (541) 665-5233 ext. 5413. Bend Sincerely, RH2 ENGINEERING, INC. Jeff Ballard, P.E. Project Manager 11/05/15 1:38 PM Z:\Bothell\Dam\COA\1014-033\04 Final Pump Station\SDB\Recotnmendadon of Awud - TAP Intettie Booster Pump Station-jab-1 10515.docx Page 1 / 1 CITY OF . ASHLAND DATE PO NUMBER 20 E MAIN ST. 1/5/2016 13314 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 003562 SHIP TO: Ashland Public Works JAMES W FOWLER COMPANY (541) 488-5587 P O BOX 489 51 WINBURN WAY DALLAS, OR 97338 ASHLAND, OR 97520 FOB Point: Ashland, Oreqon Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: Morqan Warman Special Inst: Confirming? NO Quantity Unit Description Unit Price Ext. Price TAP Permanent Pump Station 1,015,000.00 Contract approved by Council; 11/17/2015 1 Public Improvement Contract Contract siqned by City 12/2112015 i SUBTOTAL 1,015,000.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 1, 015, 000.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 670.08.15.00.70420 E 200808.999 1,015,000.00 VENDOR Autho,dzed Sign-,-. COPY i-2 FORM #3 CITY OF ASHLAND REQUISITION Date of request: Dec. 30, tots Required date for delivery: ASAP Vendor Name James W- Fowller, Co- Address, City, State, Zip 12775 wagtv6ew nriva nallag r1R g73:18 Contact Name & Telephone Number James B. Fowler Ph: 503-623-5373 Fax Number SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ® Invitation to Bid (Copies on file) ❑ Council Special Meeting Minutes, April 22,2014 ❑ AMC 2.50 Date approved by Council: November 17, 2015 ❑ Written quote or proposal attached ❑ Written quote or proposal attached ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract # ❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $51K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost Project Includes: All materials and construction activities needed to install the Ashland TAP $ 1,015,000.00 Permanent Pump Station. Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ® Per attached quotelproposallcontract $ Project Number: 2008-08 Account Number: 670.08.15.00.704200 `Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support -Yes /No By signing this requisition form, 1 certify th the City's public contracting requirements have been satisfied. Employee: Department Head: - (Equal to oFgrea er than $5,000) Department Mana erlSuperviso City Administrator: c -c -w (Equako or greater than $25,000) Funds appropriated for current fiscal year. YES ,gfj( 1 L/-~1l Finance Director- (Equal to orgrea than $5,000) Date Comments: CtJa ► as2 Fu n J _~Lw pz-y Gi P -AP? RD P2r,, -r=*j /t=i ~ 5'.qg- M 1 ta,t C-;J r-crz- le iS-1 7„ i A-P uo o a-K_ G L,-A Ce_rn~:b zvo kyL i-i ti, ' i Fav{ P uc w~P S IA-ne A) AfLE Su T ?~,20~ o n;S c c F r[ ~-Trf c S ; rz u ~rrtr Ag&Jt-z 114 A-y A) ~G n Z:-D 8&- r7 AZ A:5 'LsUA )IjS,,~< s ~-P Pf rug c, n; ; a L 1,&_D6 a_7- t S ; n Form #3 Requisition 119,11,