Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2023-008 PO 20230213 - Knife River Materials
Purchase Order CITY RECORDER Fiscal Year 2023 Page: 1 of: 1 —=rj-._r "sem.» _ B City of Ashland ATTN: Accounts Payable • Purchase 20 E. Main Order# 20230213 Ashland, OR 97520 • T Phone: 541/552-2010 O Email: payable@ashland.or.us. ✓ H C/O Public Works Department EKNIFE RIVER MATERIALS I 51 Winburn Way PO BOX 1145 . p Ashland, OR 97520 MEDFORD, OR 97501 Phone: 541/488-5347 R . T Fax:541/488-6006 (541) 779-6304 _ _ _^ _ Scott Fleury _:_ :; =EJ rs _ sem-.r =�F—=v—,$o g r �= =a.,1�? { {i]__.".T4 _]k's9}. — _ :_. ,". = �1_sl le�y;l�]@Sr_�a]E: 01/17/2023 - 774 FOB ASHLAND OR/NET30 pp City Accounts Payable y^ A' 4tp � �5 a.— - Phase 2 Airport Taxiway Rehab 1 Phase Two Construction of the Ashland Airport Taxiway Rehab 1.0 EACH $2,604,807.75 $2,604,807.75 • Public Improvement Contract Completion date: 90 Calendar days following Contractor's receipt of Notice to Proceed Project Account: E-202018-999 *************** GL SUMMARY*************** 085700-704200 $2,604,807.75 { • Lid ( /5By: . Date: V ' r_= _ Ti_ $2,604,807.75 Auto ize• Signature ' a-j-P' . . • FORM #3 '7"- CITY O. F A SHLAND A request for a Purchase Order • REQUISITIONDat_ . -west: ,---0 67-- Q v Required date for delivery: • Vendor Name LTM, Inc DBA Knife River Materials • Address,City,State,Zip 3959 Hamrick Rd, Central Point, Or 97502 Contact Name&Telephone Number_ 'Philip Graff, (Philip.Graff@knifeRiver.com)(541-770-2960) Email address SOURCING METHOD ❑ Exempt from Competitive Bidding 0 Emergency ❑ Reason for exemption: El Invitation to Bid 0 Form#13,Written findings and Authorization o AMC 2.50 Date approved by Council:1 02e22 ❑ Written quote or proposal attached ❑ Written quote or proposal attached _(Attach copy of council communication) If council a..roval required,attach cos of CC ❑ Small Procurement ❑ Request for Proposal Cooperative Procurement . Not exceeding$5,000 Date approved by Council: ❑ State of Oregon • ❑ Direct Award _(Attach copy of council communication) . -Contract# ❑ Verbal/Written bid(s)or proposal(s) ❑ Request for Qualifications(Public Works) LI State of Washington Date approved by Council:_ Contract# Attach cos of council communication ❑ Other government agency contract Intermediate Procurement .❑ Sole Source Agency GOODS&SERVICES ❑ Applicable Form'(#5,6,7 or 8) Contract# Greater than$5,000 and less than$100,000 ❑ Written quote or proposal attached Intergovernmental Agreement I (3)Written bids&solicitation attached ❑ Form#4,Personal Services$5K to$75K Agency PERSONAL SERVICES ❑ Special Procurement_ ❑ Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 • ❑ Form#9,Request for Approval •Agreement approved by Legal and approved/signed by ❑ Less than$35,000,by direct appointment ❑ Written quote or proposal attached City Administrator.AMC 2.50.070(4) O (3)Written proposals&solicitation attached Date approved by Council: 0 Annual cost to City exceeds$25,000,Council ❑ Form#4,Personal Services$5K to$75K Valid until: ' (Date) approval required.(Attach copy of council communication) Description of SERVICES • Total Cost r Phase Two Construction of the Ashland Airport Taxiway Rehab • • $$2604;807.75_ Item # Quantity Unit Description of MATERIALS Unit Price Total Cost ' UI Per attached quotelproposal TOTAL COST Project Number 2020-18, _ _ _- Account Number 085700 - 704200 Account Number_ - • Account Number' - • '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,l certify that the City's public contracting requirements have been satisfied. / , Employee: V cX i- t ut!V�,�Q Department Head: r 2%1--- ,`_i, /Z-ZS'-.2Z tq og eaterth ,000) Department Manager/Supervisor: City Administrator: ' e, qual to or greater an$2 ,000) Il . . r 4 ?rC, Funds appropriated for current fiscal year: (YS / NO V De, I : e Director-(Equal to or greater than$5,000) Date Comments: Form#3-Requisition • • t , Memo • TO: Joseph Lessard, City Manager FROM: Tami De Mille-Campos,Administrative Analyst DATE: 12/28/2022 RE: City Manager Signature Needed for a contract between LTM, dba Knife Riverand the City Background: See attached Council Communication for background. Council Action: Approved by Council at December 20 Council meeting. • Signatures Re i uired: 110 O'nanc Directo IPor, a-EI Porm 30caty i ianaer eo i contras, Other Relevant Information: N/A Insurance waived or reduced? No Who to return to if different from sender? . Are all other signatures required collected? Yes' Are all attachments listed included?Yes • CITY OF ASHLAND 20 East Main Street Tel:541-488-6002 Ashland,Oregon 97520 Fax:54.1-488-5311 www.ashland.or.us TTY: 800-735-2900 raft Council Business Meeting December 20, 2022 Approval of a Personal Services.Contract with Century West Engineering & a Agenda Item Public Works Improvement Contract with LTM dba, Knife River Materials for the Airport Taxiway Reconstruction and Rehabilitation Project (2020-18) From ' ' Scott Fleury, PE Public Works Director Chance Metcalf, PMP Senior Project Manager Contact. scott.fleuryAashland.or.us 541.552.2412 chance.metcalfAashland.or.us 541.552.2448 SUMMARY Before the Council, acting as the Local Contract Review Board, is a request to approve a Personal Services Contract with Century West Engineering for Construction Administration Services in the amount of $348,577.64 and a Public Works Construction Contract with LTM dba, Knife River Materials in the amount of$2,604,807.75. Both contracts support the Ashland Municipal Airport.Taxiway Reconstruction and Rehabilitation Project. POLICIES,PLANS & GOALS SUPPORTED City Council Goals and Objectives • Strengthen the Ashland Municipal Airport as an enterprise. Value Services • Emergency Preparedness Department 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 PREVIOUS COUNCIL ACTION The City Council approved the 2021-2023 Biennium Budget at June 1, 2021 Business Meeting,which included the phase 2 construction of the Parallel Taxiway Reconstruction and Rehabilitation Project (Minutes). The City Council accepted a Federal Aviation Administration(FAA)Airport Improvement Grant(AIP) for the design of the Taxiway Rehabilitation project at the April 6, 2021,Business Meeting (Staff Report). The City Council approved a Personal Services Contract with Century West Engineering for Phase 1 Design of the Ashland Municipal Airport.Taxiway Rehabilitation Project at the May 4, 2021,Business Meeting (Staff Report). The City Council accepted an FAA AIP Grant and Oregon Department of Aviation(ODA) Critical Oregon Airport Relief(COAR) grants at the May 23, 2022, Special Business Meeting. The grants provide the primary Page 1 of 3 CITY OF „lic 41 ANn 1 fiscal support for the construction of the Ashland Municipal Airport Taxiway Reconstruction and Rehabilitation Project. (Staff Report). BACKGROUND AND ADDITIONAL INFORMATION After Century West Engineering completed the phase 1 design for the project, staff applied for the FAA ATP grant and the COAR grant. The COAR grant provides up to a maximum of$150,000 to be used towards the 10% local match requirement for FAA funded projects. The City was awarded an FAA grant of $2,664,796.63 and a COAR grant award not to exceed$150,000 for the construction phase of the project. The City of Ashland released the Invitation to Bid(ITB) documents resulting in a public improvement contract with the City of Ashland for supplying all labor, equipment, and materials necessary to construct the Ashland Municipal Airport—Taxiway Reconstruction and Rehabilitation Project No. 2020-18. The ITB was posted on the Oregon Buys Network on March 1, 2022, and documents were also on file at the City in the Community Development Building at 51 Winburn Way. Bids were received and opened on March 29, 2022. Three bids were received from Knife River Materials, Central Pipeline and JRT Construction, all three were deemed responsive. Knife River Materials provided the lowest responsive bid. ASHLAND MUNICIPAL AIRPORT-TAXIWAY RECONSTRUCTION AND REHABILITATION PROJECT(2020-18) - vaP Materials , Jiff Construeti©n j Cent al,Pi�peline — I $2,604,807.75 $2,737,493.50 $2,893,548.87 Project Description: , The airports parallel taxiway is shown in the 2016 ODA Pavement Maintenance report as satisfactory to poor. Work elements for the project are general mill and overlay of the taxiway,new subsurface drainage, new taxiway edge lights and new mandatory lighted hold position signs. The project is primarily grant funded from the Federal Aviation Administration Grant requiring 10%match through the Airport Fund with a percentage of that 10%required match funded through the Critical Care Airport Relief grant leaving what is remaining coming from the airport fund revenues generated through hangar leases,hangar rentals and tie down fees. Figure 1: Proposed Taxiway Rehabilitation Layout �. at r'r a-c'.- S,3 tf °tF(.r"a' '-"In," + t- .*,,,:1,,,, 2& s r s- ---,.-,yt ro l �p z v ,, ', � - ' ` �f .�` �� .fJ >> � a� � tr i ,,t2.., *,*41,,t.„ (r r , 'i'. ..,,,,fie;.,-;,,i' ¢' _z s+'a :t S� e*-,4-1.,--:,;44, t�z 3 a4, ..,,,' •, ei „C;11),.,;, l t t� ; z. vi• i Vi x " ;f ,� -*/ , „ ,. „ , , a a�S , V:,x..„.. `*,- eif Llg 'f1-1 I C er 5 ¢ 1c t� "TM. r .+x -,,!..T0') ,44!,..--*? , v.. { k :,3,7 €.: '-y„X sot° ' .�',, ^y�.` r �, �r , .,f YS,,.J, 1 ,;��;, ',e,-0, R *c y x,f-y t r a 5 d , / i r, } ;. ,i 34 ,a',-01,,,.i.or,A., 1 '` +t. r ,--?` r t r l�.# ti `ti � E r•y„5�,„ A r z av y �r 9 `. .Y.4-14 1 t ares tTitwi ve c" 6 :z, . „t a 'r)3 Y `4 hfftTAx'eAr[OGa ? ^'' fit rf "a. s S �,}'^^ --" _ r' , } t t'yr j, t., > :fir �t � +•'� ,. t +wG.+S" yr '}� a .,x ..., x _. ..qtr -c.Y•� r^�41 t•.^.,r^.? K.3••lr t ' ( F - r•.�' ,,; T — +' :--Af -:'.--')4-6\-7--;-7,----,:,: ,e.- ,: -- ro -A- Y r. �r �,,„,,, nvssm , , E `' d _ + tRUWAl230 a s ryrt9WW11CAtroxos 311, ^,,' .S r r ,, T r Page 2 of 3 CITY OF .,ACuI ANn • FISCAL IMPACTS The 2021-23 Biennium Airport Budget includes requested appropriations to support this project. The phase 2 Construction fee was estimated to be $2,960,886. This project has received two grants to support the construction. The FAA grant received an amount of $2,664,796.63 towards total project cost. In addition to that we received a grant from ODA at a max value of $150,000 to go towards the required match funds. Leaving the remaining $140,000 to be covered by airport revenues. STAFF RECOMMENDATION Staff recommends approval of a Personal Services contract with Century West Engineering and a Public Works Improvement contract with LTM dba, Knife River Materials for the construction of the Airport. Taxiway Reconstruction and Rehabilitation Project. ACTIONS, OPTIONS &POTENTIAL MOTIONS • 1. I move to approve a Personal Services contract with Century West Engineering for the Airport Taxiway Reconstruction and Rehabilitation Project for a contract amount not to exceed$348,577.64. 2. I move to approve a Public Works Improvement contract with LTM dba, Knife River Materials for the Airport Taxiway Reconstruction and Rehabilitation Project for a contract amount not to exceed $2,604,807.75. REFERENCES&ATTACHMENTS Attachment#1: Century West Personal Services Contract Attachment#2: Knife River Construction Contract • Page 3 of 3 CITY OF I-II A 1\T Tl 1 " CITY OF , 111. ASHLANI ) t411 ..' PUBLIC IMPROVEMENT CONTRACT FOR ASHLAND MUNICIPAL AIRPORT/SUMNER PARKER FIELD TAXIWAY RECONSTRUCTION AND REHABILITATION PROJECT PROJECT NO. 2020-18 AIP # 3-41-0002-016-2022 This Public Improvement Contract (hereinafter"Contract") is entered into by and between the CITY OF ASHLAND,an Oregon municipal corporation(hereinafter"City"), and LTM.Inc dba-Knife River Materials:(hereinafter"Contractor"). NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged,the parties mutually covenant and agree as follows: 1. PROJECT MANAGER: The City's Project Manager for this Contract is: Chance Metcalf,EngineeriuR Project Manager,City of Ashland Public Works EnRineerinr Department., 2. WORK: 2.1. The Work under this Contract is for the ASHLAND MUNICIPAL AIRPORT/SUMNER PARKER FIELD TAXIWAY•RECONSTR UCTIONAND REHABILITATION PROJECT Pi oject No 2020-18 AIP#3-4M002-016-2022°0002-016-2022 as more fully described in the Contract Documents listed in Section 5 of EXHIBIT A, STANDARD TERMS AND CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS. Contractor shall complete all Work as specified in the Contract Documents. The Work is generally described as follows: 2.1.1. Shift and reconstruct Taxiway A.centerline approximately 12'west to create a consistent,full-length, 150' offset between Runway 12-30 and Taxiway A centerlines. Reconstruction of Taxiway A extending from Taxiway A3 to Taxiway A6 (approximately 2,750 ft by 25 ft), including reconstruction of Northwest Apron Taxiway 1 and 2,partial reconstruction of Taxiway A5 and A6,and the run-up apron; 2.1.1.1. Demolish, overexcavate,and replace approximately 10,000 SY of pavement section. - ._ 27 2.1.2. Taxiway rehabilitation extending from Taxiway A3 southeast along Taxiway A to taxiway end(approximately 1,850 ft by 35 ft) including Taxiways Al,A2, and A3; 2.1.2.1. Crack seal and/or surface seal approximately 4,800 SY of existing pavement. 2.1.3. New taxiway edge lighting, 'including new conduit/wire and electrical building improvements; 2.1.4. New underdrains; 2.1.5. Associated drainage improvements; 2.1.6. New airfield signage and pavement marking associated with the taxiway and its connectors; 2.1.7. Replace the Constant Current Regulator(CCR); 2.1.8. Replace the Radio Control Equipment; 2.1.9. Constructed electrical room modifications as needed for the CCR and radio control equipment replacement and associate NEC code updates; 2.1.10. Upgrade/modify existing power and control, as required; and 2.1.11. Associated shoulder grading,topsoil,seeding and restoration. The Statement of Work, including the delivery schedule for the Work, is contained in the Contract Documents. 2.2. 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, equipment and services of all kinds required for,,necessary for, or reasonable incidental to, performance of the Work,that is,the construction of the ASHLAND MUNICIPAL AIRPORT/SUMNER PARKER FIELD TAXIWAY RECONSTRUCTION AND REHABILITATION PROJECT Project o..2020 1.8 All-'#.3=:41-0002-016=2022. Contractor shall secure all municipal;County, State,or Federal Permits or licenses including payment of permit fees, license fees, and royalties necessary for or incidental to the performance of the Work. The risk of loss for such Work shall not shift to the City until written acceptance of the Work by the City. 3. EFFECTIVE DATE AND DURATION: This Contract is effective as of the date of execution by the City(the"Effective Date"). All Work under this Contract shall,unless`otherwise terminated or extended,be completed on or before 90 calendar days following Contractor's receiptof the written Notice to Proceed. 4. CONSIDERATION 4.1. City agrees to pay Contractor,at the times and in the manner provided in the Contract Documents,the sum of$2,604,807.75 for performing the Work required by this Contract, including allowable expenses. This sum cannot be modified except.by Change Order approved in writing by the City.Any progress payments to Contractor shall be made only in accordance with the schedule and the requirements as set forth in the Standard Terms and Conditions. 4.2. 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 City's payment of amounts under this Contract attributable to Work performed after the last day of the current fiscal year is contingent upon City appropriations,or other expenditure authority 28 sufficient to allow City in the exercise of its reasonable discretion,to continue to make payments under this Contract. In the event City 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. 5. CONTRACTOR'S REPRESENTATIONS In order to induce City to enter into this Contract, Contractor makes the following representations: Contractor has examined and carefully studied the Contract Documents,and any data and reference items identified in the Contract Documents. 5.2. Contractor has visited the Site,conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost,progress, and performance of the Work. 5.3. Contractor is familiar with and is satisfied as to all laws and regulations that may affect cost, progress,and performance of the Work. 5.4. Contractor has carefully studied all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions,especially with respect to Technical Data in such reports and drawings,and reports and drawings relating to Hazardous Environmental Conditions,if any, at or adjacent to the Site that have been,identified in the Supplementary Conditions,especially with respect to Technical Data in such reports and drawings. 5.5. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site;the Contract Documents;and the Site-related reports and drawings identified in the Contract Documents,with respect to the effect of such information, observations, and documents on(1)the cost,progress, and performance of the Work; (2)the means,methods,techniques,sequences, and procedures of construction to be employed by Contractor; and(3)Contractor's safety precautions and programs. 5.6. Based on the information and observations referred to in the preceding paragraph, Contractor • agrees that no further examinations, investigations,explorations,tests,studies,or data are necessary for the performance of the Work at the Contract Price,within the Contract Times, and in accordance with the other terms and conditions of the Contract. 5.7. Contractor is aware of the general nature of work to be performed by City and others at the Site that relates to the Work as indicated in the Contract Documents. 5.8. Contractor has given City written notice of all conflicts,errors,ambiguities, or discrepancies that Contractor has discovered in the Contract Documents,and the written resolution thereof by City is acceptable to Contractor. 5.9. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 29 6. Governing Law The provisions of this Contract shall be construed in accordance with the laws of the State of Oregon. Any action or suits involving any question arising under this contract must be brought in the appropriate court in Jackson County, Oregon. If the claim must be brought in a federal forum, then it shall be brought and conducted in the United States District Court for the District of Oregon. Contractor,by the signature herein of its authorized representative,hereby consents to the in persopnam jurisdiction of said courts. In no event shall this section be construed as a waiver of the City of any form of defense or immunity. • • 30 CONTRACTOR DATA, CERTIFICATION,AND SIGNATURE Business Name (please print): LTM Inc.,dba Knife River Materials Contact Name: Philip Graff Phone:541-770-296QYax: 541-664-4567 Address 3959 Hamrick Rd Central Point,OR 97502 Do Not Write Federal and State Tax ID Numbers on this Agreement: One copy of W-9 is to be submitted with the signed contract to be kept on file in the City of Ashland Finance Department. Ashland Business License#14001456 Construction Contractors Board#56603 Citizenship: Nonresident alien Yes x No Business Designation(check one): " Individual Sole Proprietorship Partnership x Corporation - Government/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. I, the undersigned, understand that the Standard Terms and Conditions For Public Improvement Contracts (Exhibit A) together with Exhibits B through T together with all other Contract Documents as described in Standard Terms and Conditions Section 5 below, and the separately bound FAA Advisory Circulars (latest editions and changes) and Oregon 2021 Standard Specifications for Construction, as amended by the City of Ashland's most recent Addenda to the 2021 Standard Specifications ate an integral part of this contract and agree to perform the work described in the Contract Documents, including Exhibit A, in accordance with the terms and conditions of 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 that the certification and representations in Standard Term and Condition # 16 [CCB Registration Requirements] are true and correct,and further I certify that I am an independent contractor as defined in ORS 670.600. 31 CONTRACTOR: ' C General Manager Si( :ture/Title- Joe Soares Printed name 12/20/2022 Date NOTICE TO CONTRACTOR: This contract does not bind the City of Ashland unless and until it has been executed by the Public Contracting Officer or designee. CITY OF ASHLAND SIGNATURE CITY: 10:747/ of As and l/5/2_3 Date Approved as to Form � � ff�/�1 ATTACHMENTS: Certificate of Representation Doug cGeary Standard Terms&Conditions Actineity Attorney Bid Schedule Insurance Requirements CERTIFICATE OF REPRESENTATION Contractor,under penalty of perjury,certifies that: (a) The number shown on this form is its correct taxpayer ID(or is waiting for the number to be issued to it; and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends,or (iii)the. IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract,when executed and delivered,shall be a valid and binding obligation of Contractor enforceable in accordance with its terms,and (c) The work under the Contract shall be performed in accordance with,the highest professional standards, and (d) Contractor is qualified,professionally competent and duly licensed to perform the work.Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws,and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent contractor as defined in the contract documents, and has checked four or , more of the following criteria: (1) I carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. _ (5) Labor or services are performed for two or more different persons within a period of one year. - (6) I assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. S(_ 2 LS ,"._. 12/ 0/2022 Co 'tractor -----_-__ __ - . Date 33 THIS PAGE INTENTIONALLY LEFT BLANK 34 STANDARD TERMS AND CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS (EXHIBIT A) 1. Contractor is Independent Contractor a. Contractor shall perform the work required by this Contract as an independent contractor. b. The Contractor represents and warrants that Contractor(i)is not currently an employee of the federal government or the State of Oregon, and(ii)meets the specific independent contractor standards of ORS 670.600, as certified on the Independent Contractor Certification Statement attached as Exhibit D. c. Contractor will be responsible for any federal or state taxes applicable to any compensation or payment paid to Contractor under this contract. d. Contractor is not eligible for any federal Social Security, unemployment insurance, state Public Employees'Retirement System,or workers' compensation benefits from compensation or payments to Contractor under this contract. 2. Subcontracts and Assignment Contractor shall not subcontract any of the work required by this contract,or assign, sell,dispose of,or transfer any of its interest in this contract, nor delegate duties under the contract,either in whole or in part, without the prior written consent of the City. Such consent if provided shall not relieve the Contractor of any of the obligations under the contract. Any assignee or transferee shall be considered the agent of the contractor and be bound to abide by all provisions of the contract. If the City consents in writing to an assignment, sale, disposal or transfer of the Contractor's rights or delegation of Contractor's duties, the Contractor and its Surety, if any, shall remain liable to the City for complete performance of the Contract as if no such assignment,sale,disposal,transfer or delegation had occurred unless the City otherwise agrees in writing. [OAR 137-049-0200(2)] Use of Subcontractors,material suppliers or equipment suppliers shall in,no way release Contractor from any obligations of contract with City. Contractor will provide in all subcontract agreements that the Subcontractor, material supplier and equipment supplier will be bound by the terms and conditions of this Contract to the extent that they relate to`the Subcontractor's work, material or equipment. All Subcontracts are assignable to the City at City's option, in the event this agreement is terminated for default of Contractor. Contractor covenants and agrees to bind any and all subcontractors for performance of work under this Contract in the same manner Contractor is bound to City. Contractor further agrees that if subcontractors are employed in the performance of this contract,the Contractor and its subcontractors are subject to the requirements and sanction of ORS Chapter 656,Workers' Compensation. 3. No Third-Party Beneficiaries City and.Contractor are the only parties to this Contract and are the only parties entitled to enforce its terms. Nothing in this Contract gives or provides any benefit or right, whether directly, indirectly, or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Contract. 35 4. Successors in Interest The provisions of this Contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and approved assigns, if any. 5. Contract Documents The Contract Documents,which comprise the entire Contract between the City and Contractor,include all sections or parts of the bid package however denominated,including all documents and plans attached or referenced therein, the Notice to Contractors - Invitation to Bid, Offer, First-Tier Subcontractors Disclosure Form, Surety Bond,Public Improvement Contract,Contract Standard Terms and Conditions and Exhibits thereto,Performance Bond,Payment Bond,Special Provisions,Plans entitled"ASHLAND MUNICIPAL AIRPORT/SUMNER PARKER FIELD TAXIWAY RECONSTRUCTION AND REHABILITATION PROJECT,NO.202048,AIP#3-41-0002-016-2022", Construction Drawings, Standard Drawings, and Contract Addendums, all attached hereto, and incorporated herein by this reference,together with the Prevailing Wage.(BOLI and Davis:Bacon)AND any other separately bound reference, FAA Advisory Circulars (latest editions and changes), Oregon 2021 Standard Specifications for Construction, and City of Ashland Addenda, incorporated herein by this reference. All exhibits, schedules and lists attached to the Contract Documents, or delivered pursuant to the Contract Documents,shall be deemed a part of the Contract Documents and incorporated herein,where applicable,as if fully set forth herein. 6. Contractor's Representations By executing this contract, the Contractor hereby certifies that the representations made by the Contractor in the Contract Documents, including specifically the Offer, are true and correct and are incorporated herein by this reference. Contractor further certifies that Contractor has given the City written notice of conflicts, errors, ambiguities, or discrepancies that it has discovered in the Contract Documents, and the written resolution thereof by the City is acceptable to the Contractor, and the Contract Documents are generally sufficient to indicate and convey understanding of terms and conditions for performing and furnishingthe project work. _ 7. Drug Testing [ORS 279C.505(2)] a. Contractor shall certify to the City that it has a drug-testing program in place for all its employees that includes,at a minimum,the following: i. A written employee drug-testing policy, ii. Required drug testing for all new Subject Employees or alternatively, required testing of all Subject Employees every 12 months on a random selection basis,and iii. Required testing of a Subject Employee when the Contractor has reasonable cause to believe the Subject Employee is under the influence of drugs. b. A drug-testing program that meets the above requirements will be deemed a"Qualifying Employee Drug-testing Program."For the purposes of this section,an employee is a"Subject Employee"only if that employee will be working on the Public Improvement project job site. c. By executing and returning this contract the Contractor certifies,represents and warrants to the City that a Qualifying Employee Drug-testing Program is in place at the time of execution,will continue 36 in full force and effect for the duration of this contract, and that Contractor will'comply with the provisions of subsection (d) below. Further, the City's performance obligation (which includes; without limitation,the City's obligation to make payment)is contingent on Contractor's compliance with this representation and warranty. d. Contractor will require each subcontractor providing labor for the project to: i. Demonstrate to the Contractor that it has a Qualifying Employee Drug-testing Program for the subcontractor's Subject Employees, and represent and warrant to the Contractor that the Qualifying Employee Drug-testing Program is in place at the time of subcontract execution and will continue in full force and effect for the duration of the subcontract;.or ii. Require that the subcontractor's Subject Employees participate in the Contractor's Qualifying Employee Drug-testing Program for the duration of the subcontract. 8. Notice to Proceed Written Notice to Proceed will be given by the City after the Contract has been executed and the Performance Bond,Payment Bond,and all required insurance documents approved. Notice To Proceed shall not be unreasonably delayed and shall generally occur within thirty(30)days of the contract date. Reasonable delay may be occasioned by the need to obtain necessary permits or easements or utility relocation. The Contractor shall commence the project work within ten (10) days of the date of the written Notice To Proceed. Contractor is not to commence work under the Contract prior to such written notice. Due to the timing and availability of project funding, City of Ashland Zoning/Land Use Permits for work within a FEMA Floodway, weather, field conditions or operational circumstances, Notice to Proceed(NTP)for various segments of the contractwork may be issued beginning in May/June 2023, and will be issued by the Owner at the Owner's convenience. Dates listed below for the various segments of work are approximate only,and the Owner reserves the right to issue NTP at any time that project funding, weather, field conditions, or operational circumstances allow. No adjustments will be made to the pricing established in this proposal regardless of when Notice to Proceed is issued. Np work shall begin prior to issuance of Notice to Proceed by the Owner. Notice to Proceed for work segments shall be as follows: 1. NTP for construction items related to all phases of,construction is anticipated on or about May/June 2023,at the convenience of the Owner. 2. NTP for the final application of painted pavement markings is anticipated after expiration of the asphalt concrete/slurry seal curing period. The time allowed for this work is 1 calendar day.NTP will be issued at the convenience of the Owner. 9. Suspension of the Work The City, and its authorized representatives, may suspend portions or all of the project work due to causes including,but not limited to: a. Failure of the Contractor to correct unsafe conditions; b. Failure of the Contractor to carry out any provision of the Contract; c. Failure of the Contractor to carry out orders; d. Conditions, in the opinion of the City,which are unsuitable for performing the project work; 37 e. Allowance of time required to investigate differing site conditions; f. Any reason considered to be in the public interest. The contract time will not be extended,nor will the Contractor be entitled to any additional compensation if the work is suspended pursuant to subsections(a),(b)or(c). If the project work is suspended pursuant to subsection(f),the Contractor is entitled to a reasonable extension of the contract time and reasonable compensation for all verified costs resulting from the suspension plus a reasonable allowance for overhead with respect to such costs. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. The foregoing provision concerning compensation in the event of a suspension of Work of this contract shall not apply if such suspension occurs as a result of the Contractor's violation of any Federal,State,or Local statutes, ordinances, rules or regulations, or as a result of any violation by the Contractor of the terms of this contract,including a determination by the City that the Contractor has not progressed satisfactorily with the Work in accordance with specifications. 10. Early Termination a. The City and the Contractor,by mutual written agreement,may terminate this Contract at any time. b. The City, on 30 days written notice to the Contractor,may terminate this Contract for any reason deemed appropriate in its sole discretion. c. The City may terminate this contract, in whole or in part, at any time for any reason considered by the City,in the exercise of its sole discretion,to be in the public interest. The City will provide the Contractor, and the Contractor's surety, seven (7) days prior written notice of a termination for public convenience. d. Either the City or the Contractor may terminate this Contract in the event of a breach of the Contract by the other. Prior to such termination,however,the party seeking the termination shall give to the other party written notice of the breach and of the party's intent to terminate. If the Party has not entirely cured the breach within 15 days of the notice,then the party giving the notice may terminate the Contract at any time thereafter by giving a written notice of termination. 11. Payment on Early Termination a. If this contract is terminated under 10(a),(b),or(c),the City shall pay the Contractor for work performed in accordance with the Contract prior to the termination date. b. If this contract is terminated under 10(d),by the Contractor due to a breach by the City,then the City shall pay the Contractor as provided in subsection(a)of this section. c. If this contract is terminated under 10(d), by the City due to a breach by the Contractor, then the City shall pay.the Contractor as provided in subsection(a)of this section,subject to set off of excess costs,as provided for in section 12,Remedies. 12. Remedies In the event of termination under 10(d),by the City due to a breach by the Contractor,then the City may complete the work either itself, by agreement with another contractor, or by a combination thereof. In the event the cost of completing the work exceeds the remaining unpaid balance of the total compensation provided under this contract,then the Contractor shall pay to the City the amount of the reasonable excess. After notice of termination under paragraph 10(c), the Contractor and the Contractor's surety shall provide the City with immediate and peaceful possession of the Project site and 38 premises, and materials located on and off the Project site and premises for which the Contractor received progress payment. In no circumstances shall Contractor be entitled to lost profits due to termination. The remedies provided to the City under section 10 through 12 for a breach by the Contractor shall not be exclusive. The City also shall be entitled to any other equitable and legal remedies that are available. In the event of breach of this Contract by the City, then the Contractor's remedy shall be limited to termination of the Contract and receipt of payment as provided in section 11(b). 13. Access to Records Contractor shall maintain,and the City and its authorized representatives shall have access to all books, documents, papers and records of Contractor which relate to this contract for the purpose of making audit, examination, excerpts, and transcripts for a period of three years after final payment. Copies of applicable records shall be made available upon request. Payment for cost of copies is reimbursable by the City. 14. Ownership of Work All work products of the Contractor that result from this contract, including but not limited to background data, documentation and staff work that is preliminary to final reports, are the property of City. Draft documents and preliminary work submitted to the City for review and comment shall not be considered as owned, used or retained by the City until the final document is submitted. The City shall own all proprietary rights, including but not limited to copyrights,trade secrets, patents and all other intellectual or other property rights in and to such work products. Pre-existing trade secrets of the Contractor shall be noted as such and shall not be considered as a work product of this contract. All such work products shall be considered"works made for hire"under the provisions of the United States Copyright Act and all other equivalent laws. Use of any work product of the Contractor by the City for any purpose other than the use intended by this contract is at the risk of the City. Use of any work product by Contractor is prohibited without the written consent of the City. All documents or other materials submitted to City by Contractor shall become the sole and exclusive property of City. Such materials are subject to Oregon Public Records laws. 15. Compliance with Applicable Law Contractor certifies and shall comply and require all Subcontractors to comply with all federal, state, and local laws and ordinances, including specifically City of Ashland and State of Oregon Public contracting laws and rules applicable to the work under this Contract, including without limitation ORS Chapter 279A, ORS Chapter 279B, ORS Chapter 279C, ORS 279C.500 through 279C.670, and specifically ORS 279A.120(3), ORS 279C.515, ORS 279C.520, ORS 279C.530, ORS 279C.830 and ORS 279C.580 as set forth on Exhibit B,attached hereto and made a part hereof by this reference In addition,the provisions of ORS 279C.360, ORS 279C.365(4), and ORS 279C.370 (Bid Documents and Disclosure); ORS 279A.010(p), 279A.120, 279C375, and 279C.380(4), (Award of Contract and Bond);ORS 279A.110(Prohibition on Discrimination in Subcontracting);ORS 279C.585(Substitution first-tier Subcontractor); ORS 279C.650 to 279C.670 (Termination); ORS 279C.520, ORS 279C.540, 279C.545 (Hours); ORS 279C.800 to 279C.870 (Oregon Prevailing Wage Law), if applicable; ORS 39 279C.550 to 279C.565 (Retainage); ORS 279C.4570 (Payments); and ORS 279C.600 to 279C.625 (Bonds) ORS 279A.125 (Recyclable Products) are all incorporated into this contract by this reference as though set forth in full. Without limiting the foregoing, Contractor expressly agrees to comply with: (i)any requirements of the DAVIS BACON ACT(40 U.S.C.3142 and applicable Davis-Bacon Related Acts; (ii)Title VI of the Civil Rights Act of 1964;(iii)Section V of the Rehabilitation Act of 1973;(iv) the Americans with Disabilities Act of 1990,(v)ORS 659A.142,(vi)all regulationsand administrative rules established pursuant to those laws; and(vii)all other applicable requirements of federal and state civil rights and rehabilitation statues,rules and regulations. In addition,Contractor expressly agrees to comply with all federal and state tax laws. A condition or clause required by law to be in this contract shall be considered included and incorporated into the Contract and made a part hereof by these references. 16. Registration with Construction Contractor's Board The Contractor,hereby certifies that the Contractor is licensed with the Construction Contractors Board or licensed by the State Landscape Contractor's Board in accordance with ORS 701.035 to 701.055 and, further,that all subcontractors performing work as described in ORS 701.005(2)(i.e.,construction work) will be licensed with the Construction Contractors Board or licensed by the State Landscape Contractor's Board in accordance with ORS 701.035 to 701.055 before the subcontractors commence work under the contract. 17. Prevailing Wages/BOLI Fee a. Contractor shall certify in the Contract and it shall be a condition of the bond, as provided in ORS 279C.800 through 279C.870,that in performing this,Contract, Contractor will pay and cause to be paid not less than the prevailing rate of wages as of the date of the Public Notice,per hour,per day, and per week for and to each and every worker who may be employed in and about the performance of the Contract. In accordance with ORS 279C.838, each worker in each trade or occupation employed in the performance of the Contract either by Contractor,subcontractor or other person doing or contracting to do or contracting for the whole or any part of the work on the Contract shall be paid not less than the applicable state or federal prevailing rateof wage, whichever is higher. Copies of the current BOLI prevailing wage schedule and federal wage rate schedule,if applicable, can be found at the following website: https/lwww:oregon.gov/boli/WF-ID/PWRIPageSIpwi• state:aspx. When both federal and state prevailing wages are required-to be incl.-tided-in-We contract specifications,the City shall also include in the specifications information showing which prevailing rate of wage is higher for workers in each trade or occupation in each locality,as determined by the Commissioner of the Bureau of Labor and Industries under ORS 279C.815 (2)(c). b. Contractor shall be bound by and shall fully comply with ORS 279C.800 to 279C.870, Oregon's . Prevailing Wage Law. CONTRACTOR AGREES TO BE BOUND BY AND WILL COMPLY WITH PROVISIONS OF ORS 279C.840. Pursuant to ORS 279C.830(1), the existing prevailing rate of wage that may be paid to workers in each trade or occupation required,in the form of a BOLI document, is included in the contract and bid documents and made a part hereof by this reference. For public works for which the contract price is$50,000 or more,all workers shall be paid not less , than such specified minimum hourly rate of wage. [ORS 279C.830(1)] c. The City of Ashland shall pay the fee to the Commissioner of the Bureau of Labor and Industries pursuant to the administrative rule of the commissioner and as provided in ORS 279C.825(1). The fee shall be paid on or before the first progress payment or 60 days from the date work first begins on the Contract,or as otherwise provided by administrative rule,whichever is the earliest date. The 40 fee is payable to the Bureau of Labor and Industries Wage and.Hour Division Prevailing Wage Unit 800 N.E. Oregon Street#32 Portland Oregon 97232. d. Contractor and some subcontractors shall also file with the Construction Contractors Board a public works bond with a corporate surety authorized to do business in this state in the amount of$30,000 , as required by ORS 279C.836 and shall cause all subcontractors to do the same prior to,starting work on the project. [ORS 279C.830(2)] The bond must provide that the contractor or subcontractor will pay claims ordered by the Bureau of Labor and Industries to workers performing labor upon public works projects. The bond must be a continuing obligation, and the surety's liability for the aggregate of claims that may be payable from the bond may not exceed the penal sum of the bond. The bond must remain in effect continuously until depleted by claims paid under this section,unless the surety sooner cancels the bond. Contractor shall verify that subcontractors have complied with this requirement prior to permitting the subcontractor to start work on the project. e. If the Contract is for a public work and the Contract price is$50,000 or more,Contractor shall supply and file, and require every Subcontractor to supply and file, with the City and with the Wage and Hour Division, Bureau of Labor and Industries (BOLI), 800 NE Oregon #32, Portland, Oregon 97232 a certified statement in writing that conforms to the requirements of ORS 279C.845. 18. Hours of Labor/Overtime limitation [ORS 279C.520] [ORS 279C.540] [ORS 279C.545] Pursuant to ORS 279C.520, no person may be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services, the employee shall be paid at least time and a half pay: (a) (1) For all overtime in excess of eight hours in any one day or 40 hours in any one week when the work week is five consecutive days,Monday through Friday;or (2) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four consecutive days,Monday through Friday;and (b) For all work performed on Saturday and on any legal holiday specified in ORS 279C.540. (c) Collective bargaining and negotiated labor agreements may provide exceptions to the requirements of this section and from ORS 279C.520 and ORS 279C.540. (d) When labor is employed by the City through another as a contractor,any worker employed by the contractor shall be foreclosed from the right to collect for any overtime provided in ORS 279C.540 unless a claim for payment is filed with the contractor within 90 days from the completion of the contract,providing the contractor has: (1) Caused a circular clearly printed in boldfaced 12-point type font and containing a copy of this section to be posted in a prominent,place alongside the door of the timekeeper's office or in a similar place that is readily available and freely visible to workers employed on the work. (2) Maintained the circular continuously posted from the inception to the completion of the contract on which workers are or have been employed. (e) At or before the commencement of work,the Contractor shall give notice in writing to employees or by posting,of the number of hours and days per week the employees may be required to work. [279C.520(2)(5)] 41 19. Medical Care and Workers Compensation [ORS 279C.530] (1) Pursuant to ORS 279C.530(l),Contractor shall promptly,as due,make payment to any person, co-partnership,association or corporation furnishing medical,surgical and hospital care services or other needed care and attention, incident to sickness or injury,to the employees of the contractor, of all sums that the contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of employees under any law,contract or agreement for.the purpose of providing or paying for the services. (2) Pursuant to ORS 279C.530(2),All employers,including Contractor,that employ subject workers who work under this contract in the State of Oregon shall comply with ORS 656.017 and provide the required Workers Compensation coverage unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of its subcontractors complies with these requirements. 20. Retainage The withholding of retainage by a contractor or subcontractor on public improvement contracts shall be in accordance with ORS 701.420 and Section 90-06. [ORS 279C.555]"Retainage"means the difference between the amount earned by a contractor on a public improvement contract and the amount paid on the contract by the City. [ORS 279C.550] Moneys retained by a contracting agency under ORS 279C.570(7) shall be: (a) retained in a fund by the City and paid to the contractor in accordance with ORS 279C.570 and Section 90-06. If the contracting agency incurs additional costs as a result of the exercise of the options in ORS 279C.560(1) or (5), the City may recover such costs from the contractor by, reduction of the final payment. As work on the contract progresses, the contracting agency shall, upon demand, inform the contractor of all accrued costs. Bonds and,securities deposited or acquired in lieu of retainage, as permitted above, shall be of a character approved by the City Attorney and City Finance Director, including but not limited to: a. Bills,certificates,notes or bonds of the United States. b. Other obligations of the United States or its agencies. c. Obligations of any corporation wholly owned by the federal government. d. Indebtedness of the Federal National Mortgage Association. e. General obligation Bond of the State of Oregon or a political subdivision thereof. Unless the City finds that accepting a bond or instrument poses an extraordinary risk that is not typically associated with such bond or instrument,the contractor may deposit a surety bond for all or any portion of the amount of funds retained,or to be retained,by the City in a form acceptable to the City.The bond and any proceeds there from shall be made subject to all claims and liens andin the same manner and priority as set forth for retainage under ORS 279C.550 to 279C.570 and 279C.600 to 279C.625. The City shall reduce the retainage in an amount equal to the value of the bond and pay the amount of the reduction to the contractor in accordance with ORS 279C.570. Whenever a City accepts a surety bond from a contractor in lieu of retainage, the contractor shall accept like bonds from any subcontractor or supplier from which the contractor has retainage. The contractor shall then reduce the retainage in an amount equal to the value of the bond and pay the amount of the reduction to the subcontractor or supplier. [279C.560] 42 21. Progress Payments a. Payment for all work under the Contract will be made promptly by the City at the price orprices bid,and those prices shall include full compensation for all approved incidental work. b. Contractor shall make progress estimates of work performed in any calendar month and submit to the City for approval, before the fifth of the following month, or as mutually agreed between the Contractor and City. These estimates shall include value of labor performed and materials incorporated in the work since commencing work under the Contract. Such estimates need not be made by strict measurements and may be approximate only and shall be based upon the whole amount of money that will become due according to terms of the Contract when Project has been completed. The City may include in payments eighty five percent(85%)of the cost to Contractor of materials or equipment not yet incorporated in the Work but delivered and suitably stored at the site, or at some other location agreed upon in writing. Such a payment shall be conditioned upon submission by the Contractor of bills of sale or such other documentation satisfactory to the City Attorney to establish the City's title to such materials or equipment or otherwise protect the City's interest including applicable insurance and transportation to the site,and a statement from Contractor explaining why it is necessary to procure said equipment and/or materials. When such payments are made,the Contractor warrants and guarantees that the title to all materials and equipment covered by a progress payment,whether incorporated in the project or not,will pass to the City upon receipt of such payment by the Contractor, free and clear of all liens, claims, security interests or encumbrances. Notwithstanding the above, when the progress estimate indicates that the progress payment would be less than one thousand dollars($1,000),no progress payment will be made for that estimate period, unless approved by the City. c. If the Contract price is determined, in whole or in part, on a Lump Sum basis, Contractor shall prepare an itemized cost breakdown relating thereto and have the City approve same before commencing work;progress estimates based on said itemized cost breakdown may be the basis for progress payments. Upon direction by the City, Contractor shall provide for revision of the costs breakdown to reflect the true costs of the work as it progresses. d. If the Contract price is determined wholly on a unit basis, City may use unit prices bid in making progress estimates on the work. In case said unit prices do not, in the opinion of the City, truly represent actual relative costs of different parts of work,a.percentage of the Unit Price may be used in making progress estimate adjustments. e. If the City receives written notice of any unsettled claims for damage or other costs due to Contractor's operations including, without limitation, claims from any City Department or other governmental agency; an amount equal to the claim may be withheld from the progress payments, final paymentsor retainage until such claim has been resolved to the satisfaction of City. f. Progress payments will be made by City on a monthly basis within thirty(30)days from sign off by the Contractor of the progress payment or fifteen(15)days after the payment is approved by City of work performed, whichever is the earlier date. Failure to pay progress payments within the timeframe set forth above will result in the imposition of interest as required by ORS 279C.570(2)(3). Defective or improper invoices will be addressed as set forth in ORS 279C.570(4)(5)(6). g. Payment will be issued by City for the amount of the approved estimate, less five percent (5%) retainage. Except as provided in paragraph 20 above and the applicable ORS Sections noted herein, such amount of retainage shall be withheld and retained by City until it is included in and paid to Contractor as part of the final payment of the Contract amount. Upon Substantial Completion of the work under the Contract which shall be understood to be not less than ninety-seven and one-half percent(97.5%)of the work,the City may, at its discretion, reduce the retained amount equivalent 43 to not less than one hundred percent(100%) of the contract value or estimated value or estimated cost,whichever is greater,of the work remaining to be done. [279C.570(7)]. h. The City may decline to approve an application for payment and may withhold such approval if,in the City's opinion, and in good faith, the work has not progressed to the point indicated by the Contractor's submittal. The City may also decline to approve an application for payment or may reduce said payment or, because of subsequently discovered evidence or subsequent inspections, City may nullify the whole or any part of any payment previously made to such extent as may be necessary in their opinion to protect the City from loss because of: (1)defective work not remedied, (2)third party claims filed or failure of the Contractor to make payments properly to Subcontractors for labor,materials or equipment,unless Surety consents to such payment,(3)reasonable doubt that the work can be completed for the unpaid balance of the Contract sum, (4) damage to another contractor's work,(5)reasonable indication that the work will not be completed within the Contract time,(6)unsatisfactory prosecution of the work by the Contractor,(7)claims against the Contractor by the City,(8)failure to submit a construction schedule or failure to keep said construction schedule updated, or (9)exceeding work limits. When any or all of the criteria'set forth above have been remedied satisfactorily to the City, payment shall.be made for amounts withheld because of them. Withholding of progress payments or partial payments under the criteria set forth above shall not entitle the Contractor to interest on such withheld payments or partial payments,except as provided in ORS 279C.570(9). i. If Contractor fails to complete the Project within the time limit fixed in the Contract or any extension, no further estimate may be accepted, or progress or other payments allowed until the Project is completed, unless approved otherwise by City. Progress estimates are for the sole purpose of determining progress payments and are not to be relied.on for any other purpose. A progress payment is not considered acceptance or approval of any work or materials or waiver of any defects therein. [ORS 279.570(2)]. 22. Final Estimate and Final Payment 1' a. SUBSTANTIAL COMPLETION. Contractor shall notify the City in writing when all or a portion of the work is considered substantially complete. If it appears to the City that the work is not substantially complete,the City shall not make an inspection. The City may make a general list of major work components remaining. If it appears that the work is substantially complete, the City shall,within fifteen(15)days after receiving notice,make an inspection and either accept the work or notify Contractor of work yet to be performed. If accepted, City shall prepare a Certificate of Substantial Completion, Exhibit F. Upon acceptance of the Certificate of Substantial Completion by both parties,the City shall be responsible for operation and maintenance of that part of the work described in the Certificate of Substantial Completion, subject to the warranty requirements and protection of the work and all other applicable terms of the contract documents. The date of substantial completion of all the work shall stop the accrual of liquidated damages,if applicable. b. FINAL COMPLETION. Contractor shall notify the City in writing whenworkis 100% complete. If it appears to the City that the work is not 100%complete,the City shall not make a final inspection. The City may make a general list of major work components remaining. If it appears that the work is 100% complete, the City shall, within fifteen (15).days after receiving notice, make a final inspection and either accept the work or notify Contractor of work yet to be performed on the Contract. A Certificate of Final Completion shall not be prepared until all provisions of the Contract have been met,including but not limited to,the submission by the Contractor of a signed Certificate of Compliance,Exhibit G and executed"Release of Liens and Claims"(Exhibit H). 44 When the work is 100%complete,the City shallprepare a final pay estimate and Certificate of Final Completion accepting the work as of a certain date.The Contractor shall execute and return the final pay estimate and Certificate of Final Completion within five (5) working days of receipt. Unless otherwise provided as a Special Provision, when City accepts the Certificate of Final Completion, the date the Contractor signs the Certificate of Final Completion shall be the date the City accepts Ownership of the work and the start date of the warranty period. The contractor may substitute a Warranty Bond in replacement of the Performance and Payment Bonds in accordance with Section 29.The City shall include in the final pay estimate an addition to the contract amount for any contract deduction from the contract amount for any liquidated damages and a deduction from the contract price in a fair and equitable amount for any damages to the City or for any costs incurred or likely to be incurred by the City due to Contractor's failure to meet any contract provision or specification other than timely completion. If the Contractor believes the quantities and amounts specified in the final pay estimate prepared by the City to be incorrect, Contractor shall submit to the City within five(5) working days of receipt of the City's final pay estimate, an itemized statement of any and all claims for additional compensation under the Contract which are based on differences in measurements or errors of computation. Any such claim not so submitted and supported by an itemized statement within said period is expressly waived and the City shall not be obligated to pay the same. The Contractor shall commence any suit or action to collect or enforce the claim or claims for any additional compensation arising from errors of computation in the final estimate within a period of one (1) year following the original mailing of the City's final estimate and Certificate of Final Completion to the Contractor's last known address as shown in the records of City. The City's issuance of a revised final estimate pursuant to this subsection does not alter the original final estimate date. If said suit, action or proceeding is not commenced in said one (1)year period, the final estimate and Certificate of Final Completion or revised final estimate and Certificate of Final Completion, if revisions are made, shall be conclusive with respect to the amount earned by the Contractor, and the Contractor expressly waives any and all claims for compensation and any and all causes of suit or action for the enforcement thereof that Contractor might have had. Upon return of the fully executed Certificate of Final Completion from the Contractor,the City will submit the Certificate of Final Completion and final estimate to the City for approval.Upon approval and acceptance by the City,Contractor will be paid a total payment equal to the amount due under the Contract including retainage within thirty(30)days in accordance with ORS 279C.570. Failure to pay within 30 days shall implicate the interest on final payment/retainage requirements of ORS 279C.570(8). Monies earned by the Contractor are not due and payable until the procedures set forth in the contract documents for inspection,approval and acceptance of the work;for determination of the work done and the amount due therefore; for the preparation of the final estimate and Certificate of Final Completion and processing the same for payment;,for consideration of the Contractor's claim, or claims, if any; and for the preparing of a revised final estimate and Certificate of Final Completion and processing same for payment all have been carried out. As a prerequisite to final payment, if Contractor is not domiciled in or registered to do business in the State of Oregon, the Contractor will provide City with evidence that the requirement of ORS 279A.120(3)has been satisfied. 45 If City declares a default of the Contract, and Surety completes said Contract, all payments made after declaration of default and all retainage held by City shall be paid to Surety and not to Contractor in accordance with the terms of the Contract. Acceptance by Contractor of final payment shall release City from any and all claims by Contractor whether known or unknown,arising out of and relating to the work.No payment,however,final or otherwise, shall operate to release Contractor or its Sureties from warranties or other obligations required in the performance of the Contract. Disputes as to compensation resolved in favor of the contractor implicate the interest provisions of ORS 279.570(9). 23. Change Orders/Extra Work The Contractor agrees to complete this Contract in accordance with the attached specifications and requirements, including any change orders. A change order submitted by the City must be agreed upon by the Contractor,the City,and FAA and in the event of failure to so agree,the City may then proceed with any additional work in any manner the City may choose. A decision by the City to proceed to have work done by another party shall in no way relieve either the Contractor or City of this Contract and neither will such action be cause for collection of damages by either party to the contract, one from the other. Only the City designated Contracting Officer or individual with delegated contracting authority can authorize extra(and/or changed)work and compensation. Such authorization must be in writing. The parties expressly recognize that,except when such order is in writing by an individual with delegated authority, City personnel are not authorized to order extra(and/or)changed work or to waive contract requirements or authorize additional compensation. Failure of the Contractor to secure City authorization for extra work shall constitute a waiver of any and all claims or rights to adjustment in the contract price or contract time due to such unauthorized extra work and thereafter Contractor shall be entitled to no compensation whatsoever for the performanceof such work. Contractor further expressly waives any and all right or remedy by way of restitution and quantum meruit for any,and all extra work performed by Contractor without express and prior authorization of the City. 24. Contractor/Subcontractor Payment Obligations a. The Contractor is required to include in each subcontract for property or services entered into by the Contractor and a first-tier subcontractor, including a material supplier, for the purpose of performing this contract: r i. A payment clause that obligates the Contractor to pay the first-tier subcontractor for satisfactory performance under its subcontract within 10 days out of such amounts as are paid to the Contractor by the City under such contract; [279C.580(3)(a)]and ii. An interest penalty clause that obligates the Contractor,if payment is not made within 30 days after receipt of payment from the City,to pay to the first-tier subcontractor an interest penalty on amounts due in the case of each payment not made in accordance with the payment clause included in the subcontract pursuant to paragraph(a)(i)above. A contractor or first-tier subcontractor shall not be obligated to pay an interest penalty if the only reason that the contractor or first-tier subcontractor did not make payment when payment was due is that the contractor or first-tiersubcontractor did not receive payment from the City or contractor when payment was due. The interest penalty shall be: A. For the periodbeginning on the day after the required payment date and ending on the date on which payment of the amount is due made;and 46 r , B. Computed at the rate specified in ORS 279C.515(2). [279C.580(3)(b)] b. The Contractor is further required to include in each of its subcontracts, for the purpose of performance of such contract condition,a provision requiring the first-tier subcontractor to include a payment clause and an interest penalty clause conforming to the standards of section a.above in each of its subcontracts and to require each of its subcontractors to include such clauses in their subcontracts with each lower-tier subcontractor or supplier. [279C.580(4)] c. The Contractor shall not request payment of any amount withheld or retained in accordance with ORS 279C.580(5) until such time as the Contractor has determined and certified to the City that the subcontractor is entitled to the payment of such amount. [279C.570(1)]. d. A dispute between the Contractor and a subcontractor relating,to the amount or entitlement of a subcontractor to a payment or a late payment interest penalty under a clause included in the subcontract pursuant to subsections(3)and(4)of ORS 279C.580 does not constitute a dispute to which the City is a party. The City shall not be included as a party in any administrative or judicial proceeding involving such a dispute. [279C.580(2)] e. The Contractor shall make payment promptly, as due,to all persons supplying to the Contractor labor ormaterial for the performance of the work provided for in the contract. [ORS 279C.505(1)(a)]The Contractor shall pay all contributions or amounts due the Industrial Accident Fund and the State Unemployment Compensation Fund from the Contractor or Subcontractor incurred in the performance of the contract.[ORS 279C.505(1)(b)]The Contractor shall not permit any claim or lien to be filed or prosecuted against the City and shall be fully responsible for any lien or claim filed against the City on account of any labor or material furnished. [ORS 279C.505(1)(c)] The Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. [ORS 279C.505(1)(d)] f. Pursuant to ORS 279C.515(1), if Contractor fails,neglects or refuses to make prompt payment of any claim for labor or services furnished to the Contractor or a subcontractor by any person in connection with the Contract as such claim becomes due, the proper officer(s) representing the City may pay the claim and charge the amount of the payment against funds due or to become due Contractor under this Contract. g. Pursuant'to ORS 279C.515(2), if the Contractor or a first-tier subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract within 30 days after receipt of payment from the contracting agency or a contractor, the contractor or first-tier subcontractor shall owe the person the amount due plus interest charges commencing at the end of the 10-day period that payment is due under ORS 279C.580(4)and ending upon final payment,unless payment is subject to a good faith dispute as defined in ORS 279C.580.The rate of interest charged to the contractor or first-tier subcontractor on the amount due shall equal three times the discount rate on 90tday commercial paper in effect at the Federal Reserve Bank in the Federal Reserve district that includes Oregon on the date that is 30 days after the date when payment was received from the contracting agency or from the contractor,but the rate of interest may not exceed 30 percent.The amount of interest may not be waived. h. Pursuant to ORS 279C.515(3), if the Contractor or a subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract,the person may file a complaint with the Construction Contractors Board,unless payment is subject to a good faith dispute as defined in ORS 279C.580. Pursuant to ORS 279C.515(4), the payment of a claim in the mariner authorized in this section does not relieve the contractor or the contractor's surety from obligation with respect to any unpaid claims. 47 • j. Living Wage Rates: If the amount of this contract is$18,703 or more,and Contractor is not paying prevailing wage for the work, Contractor must comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter,to all employees performing work under this contract and to any subcontractor who performs 50%or more of the work under this contract.Contractor must post the attached Living Wage Notice predominantly in areas where it will be seen by all employees. 25. Inspection and Acceptance Inspection and acceptance of all work required under this contract shall be performed by the City. The Contractor shall be advised of the acceptance or of any deficiencies in the deliverable items. 26. Liquidated Damages City and Contractor recognize that time is of the essence of this Contract and that City will suffer substantial financial loss if the project work is not completed within the timeframe specified in Section (1) of the Public Improvement Contract. City and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or other dispute resolution preceding the actual loss suffered by City if the project work is not completed on time. Accordingly, instead of requiring any such proof, City and Contractor agree that as liquidated.damages for delay(but not as a penalty)the Contractor shall pay the City a dollar amount per day based on calculations set forth in the Oregon Standard Specifications for Construction and the Special Provisions for this project, for each and every day that elapses in excess of the contract time or the final adjusted contract time. This amount is a genuine pre- estimation of the damages expected because of a delay in the completion of this project. Any sums due as liquidated damages shall be deducted from any money due or which may become due to the Contractor under this Contract. Payment of liquidated damages shall not release the Contractor from obligations in respect to the fulfillment of the entire contract, nor shall the payment of such liquidated damages constitute a waiver of the City's right to collect any additional damages which may be sustained by failure of the Contractor to complete the work on time. Permitting the Contractor to continue and finish the project work or any part thereof after the contract time,or adjusted contract time, has expired shall in no way operate as a waiver on the part of the City or any of its rights under this contract. The City may in its discretion grant the Contractor an extension of time upon a showing made by the Contractor that the work has been unavoidably delayed,by conditions beyond the control of the parties. Notwithstanding the above, the Contractor further agrees to pay liquidated damages according to the following hourly rates for the unscheduled employment of the Engineer necessitated by the Contractor: a. Working more than nine(9)hours per day,more than five(5)days per week and Saturdays (time and one-half),and holidays,and Sundays(double time). b. Furnishing materials or equipment not in conformance with Contract Documents necessitating redesign by the Engineer. c. Working beyond the time of completion established in the Notice to Proceed with Construction. d. Engineering budget will be analyzed at the end of the project to determine whether any unscheduled employment of the Engineer,during the scheduled contracttime,resulted in a cost savings to the Owner.If,as a result of working more than nine hours per day,five days per week, the Contractor completes the project within the scheduled time, and if the overtime results in a reduced contract time and cost savings to the Owner,no liquidated damages will be assessed for the unscheduled employment of the Engineer :during the 48 scheduled_contraet.time.Liquidated damages will be assessed as stipulated for each day the work remains uncompleted beyond the scheduled contract time Time and-One- Double Time:Sundays and Expense Tyne ,Straight.Time Half Mon.-Sat. Holidays Engineer $175.00/Hr. $175.00/Hr. $175.00/Hr: Resident Project Rep. $120.00/Hr. - $180.00/Hr. $240.00/Hr. Out of Pocket Cost material, equipment, supplies, At Cost+10% At Cost+10% At Cost+10% transportation, subsistence 27. Liability,Indemnity and Hold Harmless Contractor warrants that all its work will be performed in accordance with generally accepted practices and standards as well as the requirements of applicable federal,state,and local laws,it being understood that acceptance of Contractor's work by City shall not operate as a waiver or release. The Contractor shall hold harmless, indemnify, and defend City, its officers, agents, and employees from any and all liability, actions, claims, losses, damages or other costs of whatsoever nature, including attorney's fees and witness costs (at both trial and appeal level, whetheror not a trial or appeal ever takes place)that may be asserted by any person or entity arising from,during or in connection with the performance of the work, actions or failure to perform actions, and other activities of Contractor or its officers, employees, subcontractors or agents, under this contract, including the professional negligent acts, errors, or omissions of Contractor or its officers, employees, subcontractors, or agents except liability arising out of the sole gross negligence of the City and its employees. The Contractor shall assume all responsibility for the work and shall bear all losses and damages directly or indirectly resulting to the Contractor, to the City, and to their officers,agents, and employees on account of(a)the character or performance of the work, (b)unforeseen difficulties, (c) accidents,or(d) any other cause whatsoever. The Contractor shall assume this responsibility even if(a)fault is the basis of the claim,and(b)any act, omission or conduct of the City connected with the Contract is a condition or contributory cause of the claim,loss,damage or injury. Contractor waives any and all statutory or common law rights of defense and indemnification by the City. Such indemnification shall also cover claims brought against City under state or federal workers compensation laws. Contractor shall also defend and indemnify City from all loss or damage that may result from'Contractor's wrongful.of unauthorized use of any patented article or process. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. Any specific duty or liability imposed or assumed by the Contractor as may be otherwise set forth in the Contract documents shall not be construed as a limitation or restriction of the general liability or duty imposed upon the Contractor by this section. In the event any such action or claim is brought against the City,the Contractor shall,if the City so elects and upon tender by the City, defend the same at the Contractor's sole cost and expense,promptly satisfy any judgment adverse to the City or to the City and the Contractor jointly, and reimburse the City for any loss, cost, damage, or expense,including attorney fees, suffered or incurred by the City. 49 28. Insurance The Contractor shall provide and maintain during the life of this Contract the insurance coverage as described in Exhibit C. All costs for such insurance shall be borne by the Contractor and shall.be included in the contract price. In case of the breach of any provision of this section,the.City may elect to take out and maintain at the expense of the Contractor such insurance as the City may deem proper. The City may deduct the cost of such insurance from any monies that may be due or become due the Contractor under this Contract. Failure to maintain insurance as provided is also cause for immediate termination of the Contract. Contractor shall furnish City certificates of insurance acceptable to City prior to execution by the City and before Contractor or any subcontractor commences work under this Contract. The certificate shall show the name of the insurance carrier,coverage,type,amount(or limits), policy numbers, effective and expiration dates and a description of operations covered. The certificate will include the deductible or retention level and required endorsements. Insuring companies or entities are subject to City's acceptance. If requested,copies of insurance policies shall be provided to the City. Contractor shall be responsible for all deductibles, self-insured retention's, and/or self-insurance. Approval of the insurance shall not relieve or decrease the liability of the Contractor hereunder. 29. Performance,Payment and Warranty Bonds/Notice of Bond Claims At the time of execution of the Contract, the Contractor shall furnish: (1) Performance Bond and (2) Payment Bond written by a corporate surety or other financial assurance in an amount equal to the amount of the Contract based upon the estimate of quantities or lump sum as set forth in the Contract and in accordance with ORS 279.380. The bonds shall be continuous in effect and shall remain in full force and effect until compliance with and fulfillment of all terms and provisions of the Contract, including the obligations of'Sections 27 and 30, all applicable laws and the prompt payment of all persons supplying labor and/or material for prosecution of the work. The bond(s) or other fmancial assurance is subject to approval by the City. Contractor shall furnish a separate warranty bond written,by a corporate surety or other financial assurance, in an amount equal to 10% of the final amount of the contract. The City may permit the warranty amount to be included in the initial performance and payment bonds. The warranty bond or other financial assurance shall be in effect for a period of one year from the date of Final Completion. The City may require a separate warranty bond or financial assurance for any repairs done pursuant to the warranty obligation. Such separate warranty bond or financial assurance shall be for a period of one year from the date of completion of such repairs. The notice of claim on a bond required by ORS 279C.600 must be sent by registered or certified mail or hand delivered no later than 120 days after the day the person last provided labor or furnished materials or 120 days after the worker listed in the notice of claim by the Commissioner of the Bureau of Labor and Industries last provided labor.The notice may be sent or delivered to the contractor at any place the contractor maintains an office or conducts business or at the residence of the contractor. Notwithstanding the above,if the claim is for a required contribution to a fund of any employee benefit plan,the notice required by ORS 279C.600 must be sent or delivered within 150 days after the employee last provided labor or materials. The notice of claim must be in writing substantially as set forth in ORS 279C.605(3)-(5). 50 30. Warranty In addition to and not,in lieu of any other warranties required under the Contract,Contractor shall make all necessary repairs and replacements to remedy, in a manner satisfactory to the City and at no cost to the City,any and all defects,breaks,or failures of the work occurring within one year following the date of completion due to faulty or inadequate materials or workmanship. A warranty of 4 years shall apply to any new LED lighting installed as part of this project. Repair damage or disturbances to other improvements under, within, or adjacent to the work, whether or not caused by settling, washing, or slipping, when such damage or disturbance is caused, in whole or in part, from activities of the Contractor in performing its duties and obligations under this Contract when such defects or damage occur within the warranty period. The one-year-warranty period shall, with relation to such required repair,-be extended one year from the date of completion of such repair. If Contractor, after written notice, fails within ten days to proceed to comply with the terms of this section, City may have the defects corrected,and the Contractor and Contractor's surety shall be liable for all expense incurred. In case of an emergency where, in the opinion of the City,delay would cause serious loss or damage,repairs may be made without notice being given to Contractor and Contractor or Surety shall pay the cost of repairs. Failure of the City to act in case of an emergency shall not relieve Contractor or Surety from liability and payment of all such costs. 31. Nondiscrimination in Labor No person shall be subject to discrimination in the receipt of the benefits of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, marital status, age, sexual orientation or national origin. Contractor shall comply with provisions of Owner's Equal Opportunity Policy and comply with ORS Chapter 659 and ORS Chapter 659A relating to unlawful employment practices and discrimination by employers against any employee or applicant for employment because of race,religion,color, sex, national origin,marital status or age if the individual is 18 years of age or older. Particular reference is made to ORS 659A.030,which states that it is unlawful employment practice for any employer,because of the race,religion,color,sex,national origin,marital status or age if the individual is 18 years or older or-because of the race, religion, color, sex, national origin or age of any other person with whom the individual associates, or because of a juvenile record that has been expunged pursuant to ORS 419A.260 and ORS 419A.262 of any individual,or to refuse to hire or employ or to bar or discharge from employment such individual or to discriminate against such individual in compensation or in terms,conditions or privileges of employment. Any violation of this provision shall be considered a material violation of the Agreement and shall be grounds for cancellation, termination,or suspension in whole or in part(q). • 51 N 32. Construction Debris and.Yard Waste Contractor shall salvage or recycle construction and demolition debris, if feasible and cost effective. If the contract includes lawn and landscaping maintenance,Contractor shall compost or mulch yard waste material at an approved site,if feasible and cost effective. [ORS 279C.510(1)&(2)] 33. Environmental Regulations ' Pursuant to ORS 279C.525(1), the following is a list of federal, state and local agencies which have enacted ordinances or regulations dealing with the prevention, of environmental pollution and the preservation of natural resources that may affect the performance of the contract. Federal Agencies: Agriculture,Department of Forest Service Soil Conservation Service Commerce Department of National Oceanic and Atmospheric Administration(NOAA) National Marine Fisheries Service(NMFS) Defense,Department of Army Corps of Engineers Energy,Department of Federal Energy Regulatory Commission Environmental Protection Agency Health and Human Services Department of Housing and Urban Development, Solar Energy and Energy Conservation Bank Interior,Department of Bureau of Land Management Bureau of Indian Affairs Bureau of Mines Bureau of Reclamation Geological Survey Minerals Management.Service U.S.Fish and Wildlife Service Labor,Department of Mine Safety and Health Administration Occupational Safety and Health Administration Transportation,Department of Coast Guard ' Federal Highway Administration Federal Aviation Administration Water Resources Council State Agencies: Administrative Services,Department of Agriculture,Department of Consumer&Business Services,Department of Oregon Occupational Safety&Health Division Energy,Department of 52 Environmental Quality,Department of Fish and Wildlife,Department of Forestry,Department of Geology and Mineral Industries, Department of Human Resources,Department of Land Conservation and Development Commission Parks and Recreation,Department of Soil and Water Conservation Commission State Engineer State Land Board(Land's,Division of State) Water Resources Department Local Agencies: CITY of ASHLAND City Council(Ashland Municipal Code) County Courts County Commissioners of Jackson County, County Service Districts Sanitary Districts Water Districts Fire Protection Districts Historical Preservation Commissions Planning Commission If the Contractor awarded the projectis delayed or must undertake additional work by reason of existing ordinances, rules or regulations.of agencies not cited above or due to the enactment of new or the amendment of existing statutes, ordinances, rules or regulations relating to the prevention of environmental pollution and the preservation of natural resources occurring after the submission of the successful bid,the City may: (a) Terminate the contract; (b) Complete the work itself; (c) Use non-City forces already under contract with the City; (d) Require that the underlying property owner be responsible for cleanup; (e) Solicit bids for a new contractor to provide the necessary services; or (f) Issue the contractor a change order setting forth the additional work that must be undertaken. The solicitation documents make specific reference to known conditions at the construction site that may require the successful bidder to comply with the ordinances, rules or regulations identified above. If Contractor encounters a condition not referred to in the solicitation documents, not caused by the successful bidder and not discoverable by a reasonable pre-bid visual site inspection,and the condition requires compliance with the ordinances, rules or regulations enacted by the governmental entities identified above,the successful bidder shall immediately give notice of the condition to the contracting agency. Except in the case of an emergency and except as may otherwise be required by any environmental or natural resource ordinance,rule or regulation,the Contractor shall not commence work nor incur any additional job site costs in regard to the condition encountered and described in subsection (3)of this section without written direction from the contracting agency. Upon request by the City,the Contractor shall estimate the emergency or regulatory compliance costs as well as the anticipated delay 53 and costs resulting from the encountered condition.This cost estimate shall be promptly delivered to the contracting agency for resolution. Within a reasonable period of time following delivery of an estimate of this section,the City may: (a) Terminate the contract; (b) Complete the work itself; (c) Use non-City forces already under contract with the City; (d) Require that the underlying property owner be responsible for cleanup; (e) Solicit bids for a new contractor to provide the necessary services;or (f) Issue the contractor a change order setting forth the additional work that must be undertaken. If the City chooses to terminate the contract under either subsection(a)of this section,the Contractor shall be entitled to all costs and expenses incurred to the date of termination, including overhead and reasonable profits, on the percentage of the work completed. The City shall have access to the contractor's bid documents when making the contracting agency's determination of the additional compensation due to the contractor. If the contracting agency causes work to be done by another contractor under either subsection(c)or(e)above,the initial contractor may not be held liable for actions or omissions of the other contractor. The change order under either subsection(0 of this section shall include the appropriate extension of contract time and compensate the contractor for all additional costs, including overhead and reasonable profits, reasonably incurred as a result of complying with the applicable statutes, ordinances, rules or regulations. The City shall have access to the contractor's bid documents when making the contracting agency's determination of the additional compensation due to the contractor. Notwithstanding the above, the City has allocated all or a portion of the known environmental and natural resource risks to a Contractor by listing such environmental and natural resource risks in the solicitation documents. 34. Waiver The failure of the City to enforce any provision of this contract shall not constitute a waiver by the City of that or any other provision. City shall not be precluded or estopped by any measurement,estimate or certificate made either before or after completion and acceptance of work or payment therefore, from showing the true amount and character of work performed and materials furnished by the Contractor,or from showing that any such measurement, estimate or certificate is untrue or incorrectly made, or that work or materials do not conform in fact to the Contract. City shall not be precluded or estopped, notwithstanding any such measurement, estimate or certificate, or payment in accordance therewith, from recovering from the Contractor and their Sureties such damages as it may sustain by reason of their failure to comply with terms of the Contract, or from enforcing compliance with the Contract. Neither acceptance by City, or by any representative or agent of the City, of the whole or any part of the work, nor any extension of time,nor any possession taken by City,nor any payment for all or any part of the project,shall operate as a waiver of any portion of the Contract or of any power herein reserved,or any right to damages herein provided. A waiver of any breach of the Contract shall not be held to be a waiver of any other breach. 54 35. ' Errors The Contractor shall perform such additional work as may be necessary to correct errors in the work required under this Contract without undue delays and without additional cost. 36. Severability If any term or provision of this contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law,the validity of the remaining terms and provisions shall not be affected,and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular term or provision held invalid. 37. Attorney's Fees If a suit or action is filed to enforce any of the terms of this contract,the prevailing party shall be entitled to recover from the other party, in addition to costs and disbursements provided by statute, any sum which a court, including any appellate court,may adjudge reasonable as attorney's fees. 38. Business License The Contractor shall obtain a City of Ashland business license as required by City ordinance prior to beginning work under this Contract. The Contractor shall provide a business license number in the space provided in this contract. 39. Notices/Bills/Payments - All notices, bills, and payments shall be made in writing and may be given by personal delivery or by mail. Notices,bills,and payments sent by mail should be addressed as follows: City of Ashland Chance Metcalf,Engineering Project Manager Public Works/Engineering Department 20 E.Main Street Ashland,OR 97520 and when so addressed, shall be deemed given upon deposit in the United States Mail,postage prepaid. In all other instances,notices,bills,and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills, and payments are to be given by giving notice pursuant to this paragraph. 40. Conflict of Interest Contractor covenants that it presently has no interest and shall not acquire any interest,direct or indirect, which would conflict in any manner or degree with the performance of its services. The Contractor further covenants that in the performance of this contract no person having any such interest shall be employed. 55 41. Merger Clause THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER,CONSENT,MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER,CONSENT,MODIFICATION OR CHANGE,IF MADE,SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. BY ITS SIGNATURE, CONTRACTOR ACKNOWLEDGES IT HAS READ AND UNDERSTANDS THIS CONTRACT,AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 56 ATTACHMENTS: EXHIBITS B-T EXHIBIT B COMPLIANCE WITH APPLICABLE PUBLIC CONTRACT LAW EXHIBIT C INSURANCE REQUIREMENTS EXHIBIT D INDEPENDENT CONTRACTOR CERTIFICATION EXHIBIT E BONDS(BID,PAYMENT AND PERFORMANCE) EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION EXHIBIT G CERTIFICATE OF COMPLIANCE EXHIBIT H RELEASE OF LIENS AND CLAIMS EXHIBIT I CERTIFICATE OF FINAL COMPLETION EXHIBIT J INSTRUCTIONS TO BIDDERS EXHIBIT K CERTIFICATION OF NON-SEGREGATED FACILITIES EXHIBIT L BIDDER'S STATEMENT ON PREVIOUS CONTRACTORS SUBJECT TO EEO CLAUSE EXHIBIT M LETTER OF INTENT EXHIBIT N RESTRICTION ON FEDERAL PUBLIC WORDS PROJECTS EXHIBIT 0 BUY AMERICAN PREFERENCE EXHIBIT P BUY AMERICA CONFORMANCE LISTING EXHIBIT Q INSTRUCTION FOR PERMISSIBLE WAIVERS EXHIBIT R COMPONENT COST CALCULATION TABLE EXHIBIT S CERTIFICATION OF OFFERER/BIDDER REGARDING TAX DELINQUENCY AND FELONY CONVICTIONS EXHIBIT T BIDDERS LIST 57 THIS PAGE INTENTIONALLY LEFT BLANK • 58 EXHIBIT B COMPLIANCE WITH APPLICABLE LAW PUBLIC IMPROVEMENT CONTRACT Refer to the OregonLaws website for public contracting as set forth in ORS 279C.360 through and including ORS 279C.800.This information is also available through the city Engineering Office at 51 Winburn Way, Ashland,Oregon or online at.wwwJeg.state:or.uslors 59 THIS PAGE INTENTIONALLY LEFT BLANK 60 EXHIBIT C • PUBLIC IMPROVEMENT CONTRACT INSURANCE REQUIREMENTS To: Insurance Agent. Please provide Certificates.of Insurance to the Project Manager. During the term of the contract, please provide Certificates of Insurance prior to each renewal. Insurance shall be without prejudice to coverage otherwise existing. During the term of this contract, Contractor shall maintain in force at its own expense all insurance noted below: Workers Compensation insurance in compliance with ORS 656.017. All employers,including Contractor and any subcontractors,that employ subject workers who work under this Contract in the State of Oregon shall comply with ORS 656.017 and provide the required Workers'Compensation coverage,unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of its subcontractors complies with these requirements. Commercial General Liability insurance on an occurrence basis,with a combined single limit of not less than ❑ $1,000,000 or Z $2,000,000 for each occurrence of bodily injury,personal injury and property damage. It shall include coverage for broad form contractual liability;broad form property damage;personal and advertising injury; owners and contractor protective; premises/operations; and products/completed operations. Coverage shall not exclude excavation,collapse,underground,or explosion hazards. Aggregate limits shall apply on a per- project basis. ® Required by City ❑ Not required by City Commercial Automobile Liability insurance with a combined single limit,or the equivalent of not less than❑ $1,000,000 or® $2,000,000 for each accident for Bodily Injury and Property Damage, including coverage for owned,hired and non-owned vehicles."Symbol One"coverage shall be designated. ® Required by City ❑ Not required by City ❑ Builders Risk(Check here if required)insurance during construction to the extent of 100 percent of the value of the work for the benefit of the parties to the Contract as their interest may appear. Coverage shall also include: (1)formwork in place;(2)form lumber on site;(3)temporary structures;(4)equipment; and(5)supplies related to the work while at the site. Notice of Cancellation or Change. There shall be no cancellation,material change,reduction of limits or intent not to renew the insurance coverage(s)without 30 days written notice from the Contractor or its insurer(s)to the City. This notice provision shall be by endorsement physically attached to the certificate of insurance. Additional Insured. For general liability insurance and automobile liability insurance the City, and its agents, officers,and employees will be Additional Insureds,but only with respect to Contractor's services to be provided under this contract. This coverage shall be by endorsement physically attached to the certificate of insurance. The Contractor shall defend,indemnify,and hold harmless,the City and the City's officers,agents,and employees against any liability that may be imposed upon them by reason of the Contractor's or subcontractor's failure to provide workers'compensation and employers liability coverage. Certificates of Insurance. Contractor shall furnish insurance certificates acceptable to City prior to commencing work. The certificate will include the deductible or retention level and required endorsements. Insuring companies or entities are subject to City approval. If requested,copies of insurance policies shall be provided to the City. Contractor shall be responsible for all deductibles,self-insured retention's,and/or self-insurance. 61 THIS PAGE INTENTIONALLY`LEFT BLANK 62 EXHIBIT D CERTIFICATION STATEMENT FOR CORPORATION OR INDEPENDENT CONTRACTOR A. CONTRACTOR IS A CORPORATION CORPORATION CERTIFICATION: I am authorized to act on behalf of the entity named below and certify under penalty of perjury that it is a corporation. LTM Inc.,dba Knife River Materials __ __ . ' 12/20/2022 Entity Signature Date B. CONTRACTOR IS INDEPENDENT. Independent Contractor Standards. As used in various provisions of ORS Chapters including but not limited to 316, 656,• 657, and 701, an individual or business entity that performs labor or services for remuneration shall be considered to perform the labor or services as an "independent contractor" if the standards of ORS 670.600 are met. Contractor and Project Manager certifies that the Contractor meets the following standards: 1.Contractor is free from direction and control over the means and manner of providing the labor or services, subject only to the specifications of the desired results. 2. Contractor is responsible for obtaining all assumed business registrations or professional occupation licenses required by state law or local ordinances. 3. Contractor furnishes the tools or equipment necessary for the contracted labor or services. 4. Contractor has the authority to,hire and fire employees to perform the labor or services. 5. Payment to the Contractor is made upon completion of the performance or is made on the basis of a periodic retainer. 6. Contractor is registered under ORS chapter 701, if the Contractor provides labor or services for which such registration is required. 7.Contractor has filed federal and state income tax returns in the name of the business or a business Schedule C as part of the personal income tax return,for the previous year, for labor or services performed as an independent contractor in the previous year. 8. Contractor represent to the public that the labor or services are to be provided by an independently established business as four or more of the following circumstances exist. 9.The bidder hereby certifies that neither the a bidder nor the bidder's principals are presently debarred, suspended or proposed for debarment by any federal agency..Bidder further agrees to include this clause in all subcontracts.Where the bidder or any subcontractors is unable to certify to this statement on explanation shall be attached to this proposal. 63 , (Check four or more of the following:) A. The labor or"services are primarily carried out at a location that is separate from Contractors residence or is primarily carried out in a specific portion of Contractors residence,which is set aside as the location of the business. B. Commercial advertising or business cards are purchased for the business, or Contractor has a trade association membership. C. Telephone listing is used for the business that is separate from the personal residence listing. D. Labor or services are performed only pursuant to written contracts. E. Labor or services are performed for two or more different persons within a period of one year. F. Contractor-assumes:financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds;warranties,errors and omission insuranceor liability-insurance relating to the labor Or services to.be provided. If any action is taken by,a person:or enforcement agency relating to Contractor.?s independent contractor status in connection with this contract, Contractor shall defend, hold harmless and indemnify the-CITY_of ASHLAND,.its elected and a ppoii nted officials,employees;volunteers and agents from any such action, claim,judgment, fine, penalty,or order to pay: Contractorshall pay any additional costs incurred by the City in defendingsuch action or incurred as a result of such action. This indemnification is in addition to any indemnification otherwise in this agreement. Rte- 12/20/2022 tractor Signature Date 12/20/2022 Project Manager Signature Date 64 EXHIBIT E BONDS CITY OF ASHLAND STANDARD PUBLIC IMPROVEMENT CONTRACT BID BOND We, - organized under the laws.of the State of , a corporation or partnership duly ,and authorized to transact business in the State of Oregon, as "PRINCIPAL,"and, We, organized under the laws of the State of a corporation or partnership duly and authorized to transact business in the State of Oregon,as "SURETY," hereby jointly and severally bind ourselves, our respective heirs,executors, administrators, successors and assigns firmly by these presents to pay unto the City of Ashland, Oregon, (OBLIGEE) the sum of ($ Dollars. The condition of the obligation of this bond, is that the PRINCIPAL herein has in response to City's Notice to Contractors and Invitation to Bid, submitted its Offer for the ASHLAND. MUNICIPAL AIRPORT/SUMNER PARKER- FIELD TAXIWAY RECONSTRUCTION AND REHABILITATION PROJECT Na_202018,AIP#3-41.0002-016=:2022, which Offer is incorporated herein and made a part hereof by this reference, and Principal is required to furnish bid security in an amount equal to ten (10%) percent of the total amount of the bid pursuant to ORS 279C.365 and the City's public contracting rules and contract documents. NOW THEREFORE, if:the Offer, submitted by PRINCIPAL, is accepted, and if the Contract pursuant.to. the Offer isawarded to the:PRINCIPAL,and if the PRINCIPAL executes such contract and'fu"rnishes such good:and sufficient Performance and Payment.Bonds as required by the Bidding and Contract documents within the time specified and fixed by'tlie Documents,then this_obligation shall be void;otherwise it shall remain in full force and effect Ifthe PRINCIPAL shall fail to execute the proposed Contract and-to furnish the Performance and Payment Bonds;the SURETY hereby agrees to pay the OBLIGER the surety bond sum as liquidated damages within ten(10)days of such failure. IN WITNESS WHEREOF,we have caused this instrument to be executed and sealed by our duly authorized legal representatives this day of ,20 Surety Principal Address Address By: By: Attorney-in-Fact [A certified copy of the Agent's Power of Attorney must be attached hereto.] 65 THIS PAGE INTENTIONALLY LEFT BLANK 66 IMPORTANT—Suretycompanies executingBONDS must appear on the.Treasury Department's most current list(Circular 570 as amended)and be authorized to transact business in the State of Oregon:. PERFORMANCEBOND The undersigned atiOncorpbratectdba KnifeRitier Materialas principal. :further referred to in this bond as COntractoir,and Liberty Mutual insurance- ,as surety,further referred to in this bond as Sittety,,are jointly and§eVerally::bOiindiintOtity'OfAshland4,as Obligee,further referred io inihis bond as City,in the stun of Two Million Six Hundred Four Thousand" Dollars(8 2604;8.07.75 1. Contractor and City have entered intoawritten eontiaof dated , for the „. following project ASHLAND MUNICIPAL _AIRPORT/SUMNER PARKER FIELD TAXIWAY RECONSTRUCTION'AND REHABILITATION-PROJECT; No 2020-18; AIP0 141-0002,016-2621__This 'eontractis-further:referred:to in this bond asthe.Cbñtract Anil is incorporated into this bond by:this refeirence. *company:4 Trayelers,casuaity.and Surety company of America _ _ _ , " Eight Htindred'Seven and 75/100 The conditions of this bond are: 1. If Contractor faithfully performs the Conked in accordance with the platiS,,Oecifieation and conditions of the tontract,within.The time prescribed by the'Contact, as required by ORS,279C.380 through 279C385,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 perforin all of Contractor's obligations under the contract in accordance with its terms and conditions and pay to City alt ditnages.that are due-ander the -Contract. 3. This bond is subject to claims under ORS 279C3 80 through 279G.390. 4. This obligation jointly and severally binds Contractor andSuretyand their respective heirs, - . executors administrators suedessors. . . 5. Suretywaives notice of modification of the Contract or extension of the-Contract 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 conceining.ithis bond are as.fellows. Bond Number: 190051969/107722588 • - Bond Agent: Willis Towers Watson Midwest-Inc. _ Address: 8400 Normandale Lake Blvd.,Suite 1700 Bloomington,MN 55437 _ Telephone: 763=302-7159 SIGNED this day of 20 . . . _ 67 } PERFORMANCE BOND Page 2 WITNESS: CONTRACTOR: LTM .Incorporated dba Knife River Materials By. 516 Title ; ` C°lt'r4, G4i'ili,S t.ir (Corporate Seal) _ Legal Address: P.O.Box 1145 Medford.'OR97501 0 Attest �t-�,-V` - �- Corporate Secretary U. WITNESS: Liberty Mutual Insurance Company& SURETY: Travelers Casualty,and Surety Company of America BY C. a rXtiIL./) t`� c�avok�r�YO (Corporate Seal) ' ° t. Title: ,: Heather R.Goedtel,Attorney-in-Fact >s 1912 h. o �aJ1 a'9ACIW9�,.aaS1 Legal Address: 8400 Normandale Lake Blvd.,Suite 1700 0/7 . Bloomington.MN 554370,0I0H04 ot Nike Attest: _I- °q Corporate=WW1 Witness [lARCONNTFOA.D, . . .* s tp PAYMENT BOND The.Undersigned LTM,incorporated dtia Knife River Materials; :as principal. 'further referred 'to in sthiS band as Contractor,and Liberty Mutual Insurance* ,as surety further referred to in this bond as SinetY,,are jointly and severally bound unto City of AShiand,riS.obligee,rftirtherrdferred to in this bond as city, in the sum of Two Million Six Hundred Four Thousand Eight Hundred Seven and 75/100 Dollars(5 2604,80775 ).. *Company&Travelers Casualty and Surety Company of America Contractor and City have entered into a written contract dated for the following ,proiect:. _ ASHLAND MUNICIPAL AIRPORT/SUMNER PARKER FIELD TAXI WAY RECONSTRUCTION.AND REHABILITATION PROJECT, 'No. :211iB-114 AIM 1=41-00024164022.. This contract is further referred to in this bond as the Contract and is incorporated into this bond by this referenee. The Conditions of this bond are: If Contractor faithfully performs the Contract within the time prescribed by the Caritract,-and promptly makes pavmentto all claimants,as defined in ORS 279C"..640throuh 279C.620;then this obligation is.mill and void:otherwise Shall remain in ftifitorce and affect. 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 terins.and.conditions and pay to Cit); 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;Stkeessers.. 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 naltie, address and telephone number of the agent authorized to receive notices concerning this bend are as follows: Bond Number: 190051969/107722588_ Bond Agent: Willis Towers Watson MirlikeM, Inc. - - Addreis: 8400 Normandale Lake Blvd,Suite 1700 Bloomington,MN 55437 Telephone: 763-302-7159 SIGNED this - day of 20 - _ 69 • PAYMENT BOND Page.2 WITNESS:. CONTRACTOR: LTM,I rpotated dba Knife River Materials By: 51 - - (Corporate Seal) Title: -v(e74ei.74 1/44f I j e,' Legal Address: P.O. Box 1.145 Medford,OR 97501 • Attest: t Corporate Secretary WITNESS: Liberty Mutual Insurance Company& SURETY: Travelers Casualty and Surety Company of America �Jp`�Qo 44 4. By! 0 to 1912, (Corporate Seal) _ o Title: Heather R.Goedtel,Attorney-in-Fact rd;,tic,ids$. A Legal Address: 8400 Normandale Lake Blvd.,Suite.1700 ��p1ipllWuuu,�.. Bloomington.MN 55437 A��4« y Attest: I ,. _ - HARFFOR Corporate sow* CONN. . a_ Witness ..N..,�'°0' ' I Surety Acknowledgment State of Minnesota -- } } ss. County of_ _ Hennepin } On this day of 20 , before me personally came Heather R. Goedtel,to me known,who being by me duly sworn,did depose and say that she is the Attorney-in-Fact of Liberty Mutual Insurance Company &Travelers Casualty and Surety Company of America described in and which executed the above instrument;that she knows the seal of said corporation;that the seal affixed to said instruments is such corporate seal,that it was so affixed by order of the Board of Directors of said corporation,and that she signed her name to it by like order. ji 411 Notary PO1ic ., KELLY NICOLE ENGHAUSER Notary Public-MInnesota ',14i ss• Mr Cli m uIon En)*Jan 31.207e , • s This Power of Attorneylimits 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. A\.tfV% Liberty Liberty•Mutual Insurance Company rt- 1Vtutual® The Ohio Casualty insurance Company Certificate No:8208081-190003 West American Insurance Company SURETY , POWER OF ATTORNEY KNOWN ALL;PERSONS BY THESE PRESENTS That The Ohio Casualty insurance Company is a corporation duly organized under the laws of the State of New'Hampshire,that liberty Mutual Insurance.Companycis a'eerporation duly organized under the laws of the State;of Massachusetts,and West American Insurance Company Ise corporation duly organized underthe:lawn of the State of Indiana(herein:collectively called the;Companies'),pursuantto'and by authority herein set forth,does hereby name,constitute and appoint, Blake'S. Bohlugt Biian:D:Carpenter;Craig Olmstead;Erik:T..Gunket;THeather It Goedtci;.Jessica Hoff;Kelly NicoleEnghauser,-Laurie Pflug;Megan�Scott,Michelle Halter; Michelle Ward;Nicole Langer-.:_--- - - • all of the cityof - Bloomington _state of. MN _each individually if there be moreltiah one namedits true andlawrul attorney-in-fact to make, execute,%seat acknowledge and deliver foranden 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 24th day of May 2022 . • Liberty Mutual Insurance Company p�tKsu4 �'t INS0 tKSbN. q The Ohio Casualty Insurance Company tiJ• a0aPORi.:4+. J 4oaPgggrN `4P�oaPOR,,F4 West American Insurance Company F. 1912 c - 19196 1991 , rA „ r v ( SZ^ -VS' a /q yE . 0 q 14 4 c / ,,* . 4 ,r ' es .1 g3 e David M.Carey,`Assistant Secretary • to State of PENNSYLVANIA ,County of MONTGOMERY ss i ....=.tg E o • = On this 24th day of May , 2022 .before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 5 a O m Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes E 0 >- therein contained by signing on behalf of the corporations by himself as a duly authorized officer: a) m 1r o IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at ting of Prussia,Pennsylvania,on the day and year first above written. c 'a•(,ca PA 0 1- �y• �aow,,,, ,c Common-Ali li01 ennsytvunte-NotarySeat ) . >.- �- ry 6)"' 'ke,'f • Teresa Pastella,Notary Public -co aj,0 t- t, �' Montgomery County /' - . L ,AI�� E p d OF My commission expires March 28,2025 , By: Q.6C:) LI O e1. *s C �ry LtM miltitfm number 1126044 eresa Pestefla Notary Public Q$ 0 y„y 'lb'yfA,.t.• Ny Wetter.PeenpbraniPMSectal mNaiades r ,�.�� 0)0) 14tf(P 4 4-N • 1, This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company,Liberty Mutual,3 00 o c Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: �.cv d ARTICLE IV—OFFICERS:Section 12.Power of Attorney. `'-,• .,,, OO ..- Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman orthe President and subject to such limitation as the Chairman or the B m President may prescribe,shall appoint such attorneys-In-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver assurety p Tia c any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-In-fact,subject to the limitations set forth in their respective powers of attorney,•shall c 2,3 o is 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 executed,such o:aa, z 0 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.n; 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. • t�a 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,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,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 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 executed such instruments shall be as binding as if signed by the president and attested by the secretary. 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,Renee C.Llewellyn,the undersigned,Assistant Secretary,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 ls 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 4'.i'P,'tN ktR, C+ y#ofo°!. ?St 1C �oP"oaPo'+++1+ J oaPo , rO.t{1, Q��. j0O'A .va FO,(a, 1912 0 1919 ' ". ,•` 1991 0 ,u'ec;4lAt`-- /- .ogm'4aCNilit'4 16-144-44-1,,iO4.� 0 r •oNOIAN9`,• a' By: _ _ _ -- .- s 4 Renee C:.Llewellyn;AssistantSecretary ell-+►. :?.� Hyl',.*.::t` �M-. t•N LMS-12873 LMIC OCIC WAIC Multi Co 02121 - Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS,] • St.Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of.America, Travelers Casualty and Surety Company, and .St.;Raul Fire and Marine Insurance Company. are corporations duly organized under the laws of the State of Connecticut (herein collectively called the"Companies"),and that'.the Companies do hereby make,constitute and appoint HEATHER R GOEDTEL of BLOOMINGTON Minnesota 'their true and lawful Attorney(s)-in-Fact to sign,. execute, seal and • acknowledge any and all bonds, •recogmzances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of,guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions ar proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this,instrument to be signed,and their corporate seals to be hereto affixed,this 21st day of April, 2021. �►W'aWl1Y Jpr4�44,0; .,', ^*. A. 4,r0 67 * • fH RPN H rND..' i' QP 4l State of Connecticut • By: _. _ City of Hartford ss. Robert L.Rana •enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF,I hereunto set my hand and official seal. P WARY . My Commission expires the 30th day of June,2026 * .a® ' p"gla.10: Anna P.Nowik,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President,any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-infect and Agents to act for arid on behalf of the Company and may give such.'appointee such'_authority as his or her certificate of authority may prescribe to sign with the Company's name a nd seal with the Company's seal bonds, recognizances, contracta.of indemnity, and other writings' ,obligatory in the nature of a bond :recognizanceor conditional undertaking, and any of said"officers or`the Board of Directors at any time may remove;any such appointee;and,revoke the power given him.or her;and'it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office.of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate`Secretary or any Assistant Secretary,and`duty attested and sealed .with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or'more Attorneys-in-Fact and.Agents pursuant to the power prescribed in his or her ..certificate for their,cerhficates;of authority,or by,one"or more Company officers.pursuant to a written delegation of authority;sand it is FURTHER RESOLVED, that the signature of each of the following,officers: President, any Executive Vice President, any Senior Vice President, •.any Vice President;'any Assistant Vice President,any Secretary,any Assistant Secretary,and theseal of the Company maybe 064 ed by facsimile to any Power;of Attorney or'to any certificate relating,thereto:appointing Resident Yoe Presidents, Resident 4siStant Secretaries_or Attorneys-in- Fact for purposes only er executing and attesting bonds and undertakings and:other WritiniSAibligatory.tnthe..nature thereof;-.rand any such:Power of Attorney_or,certiticate.bearing such facsimile;,signature or facsimile seal shall be y0.114',40 binding upon the Company and any power so executed and.certified by such facsimile signature and_;facsim rle.seal shall be valid::ann binding.on the con** in.'the.•future with respell :any bond or understanding to which it attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said.Companies,which remains in full force and effect. Dated this day of yy • 44,01.�M0;� 'ff. 1%.* . g714'ooia� c sw + rr.� �`� . =�" +s: ` Kevin E.Hughes,Asst tont•Secretary To verify the authenticity of this.Power of Attorney,please call us at 1-800-421-3880- Please refer to the above-named Attorney(s)-in-Fact and the details of the bond to Which this PowerofAttorney is attached EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION CITY'S Project No. Project No. N/A Project CONTRACTOR Contract Contract For Date This Certificate of Substantial Completion applies to: Q All Work under the Contract Documents,or ❑ To the following specified parts thereof: The Work to which this Certificate applies has been inspected by authorized representatives of CITY, CONTRACTOR and CITY, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within Days of the above date of Substantial Completion. The following documents are attached to and made a part of this Certificate: 71 Effective as of the last date set forth below,the responsibilities between CITY and CONTRACTOR shall be as follows: Security 0 City 0 Contractor Operation 0 City ❑ Contractor Safety 0 City 0 Contractor Maintenance ❑ City ❑ Contractor Heat 0 City 0 Contractor Utilities 0 City ❑Contractor Insurance 0 City 0 Contractor Warranties 0 City 0 Contractor Other Responsibilities: City _ Contractor- - This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents, nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. CONTRACTOR accepts this Certificate of Substantial Completion on: By: CITY accepts this Certificate of Substantial Completion on: • By: - - - CITY of ASHLAND File: 72 EXHIBIT G CERTIFICATE OF COMPLIANCE - CIP Number: _ _ __ Contractor: - I,(We)hereby certify that all work has been performed and materials supplied in accordance with the plans,specifications and contract documents for the above work,and that: 1. If required by law,not less than the prevailing rates of wages have been paid to laborers,workmen and mechanics employed on this work. 2. There have been no unauthorized substitutions of materials; substitutions or assignment of subcontractors; nor have any subcontracts. been entered into without the names of the subcontractors having been submitted to the City prior to the start of such subcontracted work. 3. All claims and indebtedness for material and labor and other service performed in connection with these specifications have been paid. 4. All moneys due the State Industrial Accident Fund,the State Unemployment Compensation Trust Fund, the State Department of Revenue.(ORS 316.62 to 316.212) hospital associations and/or others(ORS 279C.530)have been paid. 5. All privateproperty and easement areas have been satisfactorily restored in accordance with the contract. 6. If Contractor is not domiciled in or registered to business in the State of Oregon, Contractor has reported to the Oregon Department of Revenue such information and in the manner as required by ORS 279A.120(3). Contractor: By: .. - -.._,... _ Date: . Title: 73 THIS PAGE INTENTIONALLY LEFT BLANK 74 EXHIBIT H CONTRACTOR'S RELEASE OF LIENS AND CLAIMS [THIS SWORN STATEMENT IS A PREREQUISITE TO CERTIFICATE OF FINAL COMPLETION] TO: •City of Ashland 20 East Main Street Ashland,Oregon 97520 FROM: PROJECT: In connection with our request for final payment for the above project, I,_ , hereby state that: all subcontractors and suppliers on this project have been paid in full, all obligations on the project have been satisfied, all monetary claims and indebtedness on this project have been paid,and all disputes with property owners have been resolved. There are no liens or claims of any kind outstanding or threatened against the project. • Furthermore,I agree to indemnify and hold harmless CITY of ASHLAND from any and all claims for labor or materials furnished under the contract for the above project. SWORN STATEMENT I hereby certify, under penalty of perjury and false swearing,that the foregoing statements are true and correct. Dated this day of ,20_ Contractor: By: Title: STATE OF OREGON ) )ss: County of _ ) On this day of. , 20__, before me personally appeared whom I know personally whose identity I proved on the basis of whose identity I proved on the oath/affirmation of ,a credible witness to be the signer of the above document, and he/she acknowledged that he/she executed the same under oath/affirmation. Notary Public for Oregon 75 THIS PAGE INTENTIONALLY LEFT BLANK ' 1 76 r EXHIBIT I CERTIFICATE OF FINAL COMPLETION Project Number: Project: - - -_ _-.._ _ _ _ . . _ Contractor: • Contract Signed: Contract Expires: Contract Completed: Delinquent: I hereby certify that I have completed my contract,furnished the materials,and performed the work as shown by the final estimate of the City,according to the plans and specifications. Contractor - Title Date The City has determined the project is 100%complete in compliance with all contract documents. Inspector Supervisor ' Date Project Manager Date CITY of ASHLAND Title Date Unless otherwise provided as a Special Provision, when City accepts the Certificate of Final Completion, the date the Contractor signs the Certificate of Final Completion shall be the date the City accepts ownership of the work and the start date of the warranty period. 77 1 THIS PAGE INTENTIONALLY LEFT BLANK 78 EXHIBIT J ******************** INSTRUCTIONS TO BIDDERS ******************** The provisions of Oregon Administrative Rules Chapter 137, Divisions 46 and 49, apply to all bids and contracts concerning Public Improvements and Public Works in the City of Ashland. The OAR provisions control over any conflicting language in the City Standard Terms and Conditions, Special Provisions, including Technical Provisions and the-OAR provisions are incorporated herein by this reference. 1. SCOPE OF WORK The work contemplated under this contract includes all permits, labdr, tools, machinery, materials, transportation,equipment and services of all kinds required for,necessary for, or reasonable incidental to,the completion of all the work in connection with the project described in the contract documents, including the general conditions, all applicable special conditions, plans, specifications, or any supplemental documents. 2. EEO AFFIRMATIVE ACTION Bidders must comply with the City of Ashland Equal Opportunity Policy for Contractors. The policy is included in and made a part of these Contract Documents and is attached hereto and made a part hereof as Attachment A. Contractor shall not discriminate against minorities, women or emerging small business enterprises in the awarding of subcontracts. DBE Contract Goal:No DBE contract goal requirement has been established for this project. Bidders List(Exhibit T):The Bidder shall submit the name,address,DBE status,age,and gross receipts of all firms bidding or quoting subcontracts on DOT-assisted projects.The attached Letter of Intent form shall be used to report this information. The Bidders List shall be submitted with the Bidder's sealed proposal. By signing and submitting this Proposal to the Owner,the Bidder certifies that,per OAR 137-046-0210, it has not discriminated against any minority,women,or emerging small business enterprises in obtaining any subcontracts. 3. BID PROVISIONS a. Each bid must contain a completed Bid including the following: ' A. A Bid and Schedule of Prices. B. Acknowledgement that the bidder has received and reviewed all Addenda for the bid. C. A statement that all applicable provisions of ORS Chapters 279A-C, including ORS 279C.800 to 279C.870(Contracting and Prevailing Wages)shall be complied with. D. A statement by the bidder,as part of their bid,that the bidder agrees to be bound by and will comply with the provisions of ORS 279C.83 8,279C.840 or 40 U.S.C.3141 to 3148. E. A statement as to whether the bidder is a resident bidder as defined in ORS 279A.120. F. A statement as to whether or not the bidder is licensed under ORS 468A.720 for asbestos removal. 79 G. A statement that the bidder has a current and valid registration with the Construction Contractor's Board and/or the State Landscape Contractors Board as required by ORS 671.530. H. A statement confirming that the bidder has a Qualified Drug-testing Program for employees in place. [OAR 137-049-0200(1)(c)(B)]. I. First Tier Subcontractor form for the project on the City form (physically received in accordance with ORS 279C.370 within 2 working hours of the bid opening). J. A Surety Bond, Cashier's check or Certified check in the amount of 10 percent of the submitted bid. K. Certification:Non-discrimination(in bid) L. Certification:No Conflict of Interest(in bid) M. Certification:Not ineligible for Public Works Contracts [OAR 137-049-0230](in bid) b. The City will publish notice of any addenda on Oregon's web-based eProcurement system (OregonBuys)at oregonbuys.gov.The addenda may be downloaded or picked up at the City Engineering Office located at 51 Winbum Way,Ashland Oregon,97520. Check the website frequently until closing. c. No bid will be received or considered by the City of Ashland unless the bid contains a statement by the bidder as a part of its bid that the Contractor shall be bound by and will comply with the provisions of ORS 279C.838,279C.840 or 40 U.S.C.3141 to 3148. The statement shall be included in the Bid form. The existing prevailing rate of wage is available at: 'https://www.-oregomgov/bo I i/WHD/PWR/PageS/pwr state:aspx d. Each Bidder must identify in the Bid whether the Bidder is a"resident bidder" as defined in ORS 279A.120. e. Unless specified in the ITB, and Contract Special Provisions,the bidder or subcontractor need not be licensed under ORS 468A.720 relating to asbestos abatement. f. No bid for a construction contract shall be received or considered by the City of Ashland unless the bidder is licensed with the Construction Contractors Board or licensed by the State Landscape Contractors Board as required by ORS 671.530. g. Each Bidder must demonstrate that its firm has a Qualified Drug Testing Program for employees in place and demonstrate compliance prior to award. h. Instructions for First-Tier Subcontractors Disclosure. Bidders are required to disclose information about certain first-tier subcontractors when the contract value for a Public Improvement is greater than$100,000(see ORS 279C.370;OAR 137-049-0360). Specifically, when the contact amount of a first-tier subcontractor furnishing labor or labor and materials would be greater than or equal to (i) 5% of the project bid, but at least $15,000, or (ii) $350,000 regardless of the percentage,the bidder must disclose the following information about that subcontract in its bid submission or within two(2)'working hours after bid closing: (1) The subcontractor's name, (2) The dollar value of the subcontract,and (3) The category of work that the subcontractor would be performing. --- 80 If the bidder will not be using any subcontractors that are subject to the above disclosure. requirements, the bidder is required to indicate "NONE" on the accompanying form. Disclosure forms will be available for public inspection after the opening of the bids. THE CITY OF ASHLAND MUST REJECT A BID AS NON-RESPONSIVE IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE FORM WITH THE REQUIRED INFORMATION,BY THE STATED DEADLINE(see OAR 137-049-0360). is Bid Security. [OAR 137-049-0290] No bid will be received or considered unless the Bid is accompanied by a certified check,cashier's check, (payable to the City of Ashland), surety, bond (in approved form)(f/k/a/ bid bond), or irrevocable letter of credit issued by an insured institution[ORS 706.008] (in an approved form)in an amount equal to ten percent(10%)of the total amount bid. The successful bidder will be required to furnish a faithful performance bond and a labor and material payment bond each in the amount of one hundred percent(100%)of the amount of the contract. Said security shall be irrevocable for 60 days,unless specified otherwise. The bid security shall be forfeited,at the City's option,as fixed and liquidated damages,if the bidder fails or neglects ito furnish the required performance bond,the insurance, or to execute the contract within 10 working days after receiving thecontract from the City for execution. When a bond is used for bid security, the bond shall be executed by a surety company authorized to transact business in the State of Oregon. THE BIDDER SHALL HAVE THE SURETY USE THE BID BOND FORM PROVIDED HEREIN. IF THIS FORM IS NOT USED,THE BIDWILL BE DEEMED NON-RESPONSIVE AND SHALL BE REJECTED. All such certified checks or surety bonds will be returned to the respective bidders within 10 working days after the bids are opened,except those of the two low bidders. The bid security of the two low bidders will be held by the City until the selected bidder has accomplished the following: A. Executed a formal contract; B. Executed and delivered to the City a Performance Bond and Payment Bond, both in the amount equal to 100%of the Contract Price; C. Furnish proof of public works bond filed with BOLI;and D. Furnish the required Certificates of Insurance. Upon the execution and delivery to the City of Ashland of the Contract and Performance Bond and Payment Bond and furnishing proof of a Public Works Bond filed with BOLI by the successful bidder,the bid security shall be returned to the bidder. The bidder who has been awarded a contract and who fails or neglects to promptly and properly execute the contract or bonds shall forfeit the bid security that accompanied the bid. It is hereby specifically provided that a forfeiture of said bid security be declared by the Council if the contract and'performance bond and payment bond are not executed and delivered to the City within ten (10) working days of the day of the receipt by the successful bidder of the prepared contract. The Council,at its option,may determine that the bidder has abandoned the submitted accepted bid, in which case the bid security shall become the sole property of the City and shall be considered as liquidated damages and not as a penalty for failure of the bidder to execute the contract and bond. The security of unsuccessful bidders shall be returned to them after the contract has been awarded and duly signed. j. A Bidder submitting a bid thereby certifies that no officer, agent, or employee of the City who has a pecuniary interest in this bid has participated in the contract negotiations on the part of the City, that the Bid is made in good faith without fraud,collusion,or connection of any kind with any other 81 Bidder for the same call for bids,and that the Bidder is competing solely on its own behalf without connection with,or obligation to,any undisclosed person or firm. k. The Bidder,in submitting the bid,certifies that the Bidder has not been disqualified and is eligible to receive a contract for a public work pursuant to ORS 279C.860 as well as the disqualification provisions of ORS 279C.440 and OAR 137-049-0370. Bidder agrees, if awarded a contract,that every subcontractorwill not be ineligible to receive a contract for a public work pursuant to ORS 279C.860 and will otherwise not be disqualified under ORS 279C.440 and OAR 137-049-0370. 4. PRE-BID CONFERENCE AND PREQUALIFICATION OFBIDD_ERS If a pre-bid conference is scheduled, notice will be provided in accordance with OAR 137-049- 0200(1)(a)(B). If prequalification will be required it will be specifically stated in the Notice to Contractors and Invitation to Bid, including the date prequalification applications must be filed under ORS 279C.430 and the class or classes of work for which bidders must be pre-qualified. [OAR 137-049-0200(1)(a)(C).] [ORS 279C.365(1)(c)] For example, the requirement for ODOT Prequalification reads as follows: Bidders must be pre-qualified with the Oregon Department of Transportation or General Service per ORS 279C.435 to perform the type and size of work contemplated herein and shall submit, to the City upon request. The City will investigate and determine the qualifications for the apparent low bidder prior to awarding the contract. [OAR 137-049-0220]. Applications submitted without being designated for a project advertised for bid by the City will be considered as a general prequalification application and processed pursuant to ORS 279C.430 to 279C.450 and notice of prequalification status will be given within thirty(30)days of the receipt of the application. A notice of disqualification can be given orally. An oraldisqualification notice will be followed by written notice and bear the date of the oral notice. (NOTE: No person may engage in any business within the City without first obtaining a City Business License and paying the fee prescribed pursuant to City of Ashland Ordinance and accompanying Fee Resolution) S. FORM OF BID A. Bids shall besubmitted in sealed envelopes to: For:In-Person Bid Deliv erv: To Mail Bid: Street Address: Mailing Address: Chance Metcalf Chance Metcalf Engineering Project Manager Engineering Project Manager City of Ashland City of Ashland 51 Winburn Way 20 E.Main Street Ashland,Oregon 97520 Ashland,Oregon 97520 The outside of the transmittal envelope shall bear the following information: Name of Bidder Address and telephone number of Bidder Title of Project Date of opening The words"Sealed Bid" 82 If the sealed bid is forwarded by mail or messenger service,the sealed envelope containing the bid, and marked as above, must be enclosed in another envelope addressed as noted above. Facsimile and Electronic Data Interchange bids shall not be accepted unless otherwise specified in the Special Provisions. No bid will be received or considered by the City unless the bid contains all the Required Bid Documents and Certifications. B. All bids must be clearly and distinctly typed or written with ink or indelible pencil and be on the Bid form furnished by Owner. The bid must be signed by the Contractor or a duly authorized agent.If erasures or other changes appear on the form,they shall be initialed in ink by the person who signs the bid. The bidder shall not alter,modify or change the Bid forms except as directed by addendum.All applicable blanks giving general information must be completed, in addition to necessary unit price items and total prices in the column of totals to make.a complete bid. The Bid is the bidder's offer to enter into a contract which, if the Bid is accepted for award, binds the bidder to a contract and the terms and conditions contained in the Bid, as well as the Solicitation Documents. A bidder shall not make the Bid contingent upon the City's acceptance of specifications or contract terms which conflict with or are in addition to those advertised in the Notice to Contractors and Invitation to Bid. Any statement accompanying and tending to qualify a bid may cause rejection of such bid, unless such statement is required in a bid embracing alternative bids C. Unless otherwise specified, Bidders shall bid on all bid items included in the bid and the low Biddershall be determined. Except as provided herein, bids which are incomplete,(or fail to reply to all items required in the bid may be rejected. D. Bidders shall state whether business is being done as an individual, a co-partnership, a corporation,or a combination thereof,and if incorporated,in what state,and if a co-partnership, state names of all partners. The person signing on behalf of a corporation,a co-partnership or combination thereof shall state their position with the firm or corporation,and state whether the corporation is licensed to do business in the State of Oregon. 6. LATE BIDS Bids received after the scheduled closing time for submission of bids as set forth in the invitation for bids will be rejected. Bids will be time and date stamped by Community Development Department/Public Works Counter personnel upon receipt. Such time and date stamps will govern the determination of on-time submission of bids. Bids received after the time so fixed are late bids. Late bids will be time and date stamped at the time of receipt by City personnel,marked as"Rejected as Late Bid"and will be returned,unopened,to the submitted. 7. INTERPRETATION OF CONTRACT AND ADDENDA If a bidder finds error, discrepancies in, or omissions from the plans, specifications or contract documents,or has doubt as to their interpretation or meaning,the bidder shall at once notify the City Contact Person/Project Manager. The City will,investigate and determine if an addendum will be issued. If it should appear to a Bidder that the work to be done or matters relative thereto are not sufficiently described or explained in the Contract Documents or that Contract Documents are not definite and 83 clear,or the Bidder needs additional information or an interpretation of the contract,the Bidder may make written inquiry regarding same to the Project Manager at least ten(10)days,unless otherwise specified,before the scheduled closing time for submission of bids. If, in the opinion of the Project iManager, additional information or interpretation is required, an addendum will be issued to all known specification holders. Any addendum or addenda issued by the City which may include changes, corrections, additions, interpretations or information, and-issued seventy-two (72) hours or more before the scheduled closing time for submission of bids, Saturday, Sunday and legal holidays not included, shall be binding upon the Bidder. City shall supply copies of such Addenda will not be mailed but will be posted on the website and available at Community Development Department Counter;failure of the Contractor to receive or obtain such addenda shall not excuse them from compliance therewith if they are awarded the contract. ORAL INSTRUCTIONS OR INFORMATION CONCERNING THE CONTRACT, OR THE PROJECT GIVEN OUT BY OFFICERS, EMPLOYEES OR AGENTS OF THE CITY TO PROSPECTIVE BIDDERS SHALL NOT BIND THE CITY. 8. EXAMINATION OF CONTRACT,SITE OF WORKAND SUBSURFACE DATA A. Prior to submitting a bid, it is the responsibility of each Bidder to: (1) Examine the plans,specifications and contract documents thoroughly. (2) Become fully informed as to the quality and quantity of materials and the character of the work required. • (3) Visit the site to become familiar with local conditions that may affect cost, progress, or performance of the work and sources and supply of materials. (4) Consider all federal, state and local laws,ordinances,rules and regulations that may affect cost, progress, or performance of the work, including environmental and natural resource ordinance and regulations (5) Consider identified site conditions and conduct pre-bid inspection to address environmental and natural resource laws implicated by the project. (6) Study and correlate the Bidder's observations,especially as regards site conditions with the Contract Documents. (7) Notify the Contact Person of all conflicts,errors,ambiguities or discrepancies discovered in the Contract Documents. B. Bidders shall determine for themselves all the conditions and circumstances affecting the project or the cost of the proposed work, including without limitationutilityinterferences,by personal examination of the site, careful review of the Contract and by such other means as the Bidder feels may be necessary. It is understood and agreed that information regarding subsurface or other conditions, or obstructions indicated in the Contract Documents, is provided by Owner only for the convenience of Bidders and may not be complete or accurate and such information is not expressly or tacitly warranted to accurately represent actual conditions. Bidder's use of such information shall be at Bidder's sole risk, and Bidder is responsible to confirm any information provided from such-independent-sources as Bidder feels may be necessary. C. Logs of test holes, test pits, soils reports, ground-water levels and other supplementary subsurface information are offered as information of underlying materials and conditions at the 84 locations actually tested. Owner will not be liable for any loss sustained by the Bidder as a result of any variance between conditions contained in or interpretations of test reports and the actual conditions encounteredduring progress of the work. D. The submission of a Bid shall be conclusive evidence that the Bidder has investigated and is satisfied as to the site subsurface conditions to be encountered, as to the character, quality and quantities of work to be performed and materials to be furnished,and as to the requirements of the Contract. E. The City will not pay any costs incurred by any Bidder in the submission of a Bid,or in making necessary studies or designs for the preparation thereof, or for procuring or contracting for the items to be furnished under the Invitation to Bid. When submitting a bid,the Bidder agrees that consideration has been given to the requirements and conditions contained throughout these Bid Documents. F. Notice:It is further understood that a Bid awarded hereunder is subject to the City being able to comply with all zoning and land development ordinances or obtain rezoning of the property where necessary,and comply with local building code restrictions and conditions for structures contemplated in the project,any or all of which conditions may be contained in the Contract or Contract Special Provisions and if such conditions are not satisfied may result in,termination of the Contract. 9. FAMILIARITY WITH LAWS AND ORDINANCES A. The Bidder is presumed to be familiar with all Federal, State, and Local laws,ordinances, and regulations which in any manner affect those,engaged or employed in the work or the materials or equipment used in the proposed construction,or which in any way affect the conduct of the work. If the Bidder,or Contractor,shall discover any provision in the Contract which is contrary to or inconsistent with any law,ordinance or regulation,it shall immediately be reported to the Owner in writing. B. No person may engage in any business within the City without first obtaining a City Business License and paying the fee prescribed pursuant to City of Ashland Ordinance. The Contractor and their subcontractors shall obtain a City of Ashland Business License prior to beginning any work within the City of Ashland. 10. UNIT BIDS A. The estimate of quantities of work to be done under unit price bids is approximate and is given only as a basis of calculation for comparison of bids and award of the Contract. The City does not warrant that the actual amount of work will correspond to the amount as shown or estimated. Payment will be made at unit prices under a contract, only for work actually performed or materials actually furnished according to actual measurement that were necessary to complete the work. B. Bidders must include in their bid prices the entire cost of each item of work set forth in the Bid, and when, in the opinion of the City,the prices in any bid are obviously unbalanced, such bid may be rejected. 85 C. The unit contract prices for the various bid items of the contract shall be full compensation for all labor, materials, supplies, equipment,tools and all things of whatsoever nature are required for the complete incorporation of the item into the work the same as though the item were to read"In Place." 11. WITHDRAWAL,MODIFICATION OR ALTERATION OF BID A. Bids may be withdrawn on written request received from the bidders prior to the time fixed for opening. The request shall be executed by the bidder or a duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new Bid. Negligence on the part of the Bidder in preparing the Bid confers no right for the withdrawal of the bid after it has`been opened. The Bid will be irrevocable until such time as the City: • Specifically rejects the Bid,and • Awards the contract to another bidder and said contract is properly executed. All bids shall remain subject to acceptance by the City for sixty(60) days after the date of the bid opening. , B. Prior to Bid Opening, changes may be made provided the change is initialed by the Bidder or the Bidder's agent. If the intent of the Bidder is not clearly identifiable,the interpretation most advantageous to Owner will prevail. C. No Bidder may withdraw a bid after bid opening unless sixty (60) days have elapsed and the City has not awarded a contract. 12. MISTAKES IN BIDS A. To protect the integrity of the competitive solicitation process and to assure fair treatment of Bidders, City will carefully consider whether to permit waiver, correction or withdrawal for certain mistakes. B. Treatment of Mistakes. City shall not allow a Bidder to correct or withdraw a Bid for an error in judgment. If the City discovers certain mistakes in a Bid after Opening,but before Award of the Contract,the City may take the following action: (a) City may waive,or permit a Bidder to correct,a minor informality.A minor informality is a matter of form rather than substance that is evident on the face of the Bid, or an insignificant mistake that can be waived or corrected without prejudice to other Bidders. Examples of minor informalities include a Bidder's failure to: (i) Return the correct number1of Signed Bids or the correct number of other documents required by the Solicitation Document; (ii) Sign the Bid in the designated block,provided a Signature appears elsewhere in the Bid,evidencing an intent to be bound;and (iii)Acknowledge receipt of an Addendum to the Solicitation Document,provided: it is clear on the face of the Bid that the Bidder received the Addendum and intended to 86 be bound by its terms;and the Addendum involved did not affect price,quantity or delivery. (b) City may correct a clerical error if the error is evident on the face of the Bid, or other , documents submitted with the Bid, and the Bidder confirms the City's correction in writing. A clerical error is a Bidder's error in transcribing its Bid. Examples include typographical mistakes,errors in extending unit prices,transposition errors,arithmetical errors, instances in which the intended correct unit or amount is evident by simple arithmetic calculations(for example a missing unit price maybe established by dividing the total price for the units by the quantity of units for that item or a missing,or incorrect total price for an item may be established by multiplying the unit price by the quantity when those figures are available in the Bid). In the event of a discrepancy, unit prices shall prevail over extended prices. (c) City may permit a Bidder to withdraw a Bid based on one or more clerical errors in the Bid only if the Bidder shows with objective proof and by clear and convincing evidence: (i) The nature of the error; (ii) That the error is not a minor informality under this subsection or an error in judgment; (iii)That the error cannot be corrected or waived under subparagraph (b) of this subsection; (iv)That the Bidder acted in good faith in submitting a Bid that contained the claimed error and in claiming that the alleged error in the Bid exists; (v) That the Bidder acted without gross negligence in submitting a Bid that contained a claimed error; (vi)That the Bidder will suffer substantial detriment if the City does not grant it permission to withdraw the Bid; (vii) That the City's or the public's status has not changed so significantly that relief from the forfeiture will work a substantial hardship on the City or the public it represents;and (viii) That the Bidder promptly gave notice of the claimed error to the City. (d) The criteria in subsection I above shall determine whether a City will permit a Bidder to withdraw its Bid after Closing.These criteria also shall apply to the questionwhether an City will permit a Bidder to withdraw its Bid without forfeiture of its bid bond(or other bid security), or without liability to the City based on The difference between the amount of the Bider's Bid and the amount of the Contract actually awarded by the City, whether by award to the next lowest Responsive and Responsible Bidder or the best Responsive and Responsible Proposer,or by resort to a new solicitation. C. Rejection for Mistakes. The City shall reject any Bid in which a mistake is evident on the face of the Bid and the intended correct Bid is not evident or cannot be substantiated from documents accompanying the Bid(i.e.,documents submitted with the Bid). 13. REJECTION OF BIDS a. The City may reject any Bid upon a finding that the Bid meets the criteria specified in OAR 137- 049-0440(1)(a)or(b)or has not provided the certification required under OAR 137-049-0440(3) 87 • or has not included Contractor's qualification statement,in accordance with Section 20-02, including"Evidence of Competency"and"Evidence of Financial Responsibility." The City shall reject a Bid from a Bidder who meets the criteria specified in OAR 137-049-0440(1)(c). The City may,for good cause,reject any or all bids upon a finding it is in the public interest to do so. In any case where competitive bids are required and all bids are rejected,iand the proposed contract is not abandoned,new bids may be called for as in the first instance. The City may,at its own discretion,waive minor informalities. b. This Invitation to Bid does not commit the City to pay any costs incurred by any Bidder in the submission of a Bid, or in making necessary studies, subsurface investigations or designs for the preparation of a Bid, or for procuring or contracting for the items to be furnished pursuant to the Contract Documents. The City reserves the right to reject any or all bids when such rejection is in the best interest of the City of Ashland. Bids may be rejected if they show any alteration of form, additions not called for, conditional Bids,incomplete Bids,erasures, or irregularities of any kind. When Bids are signed by an agent, other than the officer or officers of a corporation authorized to sign contracts on its behalf,or a member of a partnership,a"Power of Attorney"must be submitted with the Bid or on file with the City Administrator prior to opening of bids; otherwise,the Bid will be rejected as irregular. More than one Bid from an individual,firm,partnership, corporation, or combination thereof with an interest in more than one bid,for the items bid,will be cause for the rejection of all Bids in which such individual,firm,partnership,corporation,or combinationthereof,is interested. If there is reason to believe that collusion exists among bidders,none of the bids of the participants in such collusion will be considered, and all involved bids shall be rejected. Bids in which prices are obviously unbalanced may be rejected. 14. BID PROTEST. [OAR 137-049-0260]. Bidders may, in writing protest or request changes of any specifications or contract terms in accordance with adopted City contracting rules. The written protest or request for changes must be received by the City no later than ten(10)calendar days prior to the Bid Closing Date. The written protest or request shall include the reasons for the protest or request, and any proposed changes to the bid specifications or contract terms and a description of the prejudice to the bidder. Envelopes containing bid protests shall be marked "Contract Provision Protects or Request" with the Bid Number and Closing Date. No protest against award,owing to the content of the bid specifications or contract terms shall be considered after the deadline established for submitting protests of bid specifications or contract terms. 15. ORS 654.150 SANITARY FACILITIES AT CONSTRUCTION PROJECTS.STANDARDS, EXEMPTIONS If the contract price is estimated(itemized bid) or bid(lump sum) by Contractor at$1,000,000 or , more,Contractor shall be responsible for all costs(which costs shall be included in the bid whether or not a specific bid item is provided therefore)that may be incurred in complying with or securing exemption or partial exemption from 'the requirements of ORS 654.150 (Sanitary facilities at construction projects;standards,exemptions)and the rules adopted pursuant thereto. Determination of applicability of ORS 654.150 to the project is the sole responsibility of the Contractor. 88 16. PREVAILING WAGE RATE The Contractor shall be required to follow standard billing format as set forth from State or Federal Funding sources. The Ashland Municipal Airport Taxiway Reconstruction and Rehabilitation project shall follow the current State of Oregon BOLI Wage Rates or Federal Davis Bacon wage rate, whichever is higher. The rates utilized will be noted at the date of the bid shown at the following location:.{ittp//www:a!cuoti gov/boliIWHD/PWR/Paeesfpwr state:as* 89 Attachment A CITY OFASHLAND Nondiscrimination and Equal Opportunity Policy for Contractors' 1. GENERAL POLICY OF NON-DISCRIMINATION It is the policy of the City of Ashland to promote equal opportunity to all persons regardless of race, religion, color, national origin, sex, age, marital status, handicap, or political affiliation, in respect to employment, public services, facilities and accommodations. This policy is reinforced by obligations assumed by the City as a condition of receipt of federal and state funds. This policy thus becomes an obligation which must be assumed by the Contractor as well. Because insome cases religion, sex, age,or disability may properly be the basis for denial or restriction of privileges with respect to employment, public services, facilities or accommodations,the following more specific obligations,terms,or conditions shall apply. The proposed contract is under and subject to Executive Order 112456 of September 24, 1986, and to the Equal Employment Opportunity(EEO)and Federal Labor Provisions.The EEO requirements, labor provisions,and wage rates are included-in the specifications and bid documents. A Contractor having 50 or more employees and their subcontractors having 50 or more employees and who may be awarded a subcontract of $50,000 or more will be required to maintain an affirmative action program,the standards for which are contained in the specifications. To be eligible for award, each Bidder must comply with the affirmative action requirements which are contained in the specifications. Disadvantaged Business Enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race,color,or national origin in consideration for an award of any contract entered into pursuant to this advertisement. In accordance with federal requirements,the City of Ashland has determined that this contract has subcontracting possibilities and encourages the participation of Disadvantaged Business Enterprises as prime contractors and subcontractors.A non-mandatory DBE goal of 3.9%has been established for the project. Based on the 9th Circuit Court Decision in Western States Paving Company v. Washington State Department of Transportation, the City of Ashland has determined that it is appropriate to use a race/gender neutral goal. The City encourages all bidders to take active race/gender neutral steps to include DBE's in this contract. Race/gender neutral steps include: unbundling large contracts, subcontracting work the prime contractor may self-perform, providing bonding or financing assistance, providing technical assistance, etc. This contract can be awarded without the lowest responsive bidder meeting the goal or demonstratinggood faith effort to meet the goal. 2. DISCRIMINATION BECAUSE OF RELIGIOUS BELIEF With respect to terms and conditions of employment arid hiring only,the Contractor shall be deemed to have complied with the general obligation of according equal opportunity without regard to religion if every reasonable effort has been made to accommodate the particular religious beliefs or 90 practices of an employee or applicant for employment, but such accommodation cannot be made without undue hardship to the employer. 3. DISCRIMINATION BECAUSE OF SEX With respect to terms and conditions of employment and hiring only,the Contractor shall be deemed to have complied with the general obligation of according equal opportunity notwithstanding any rule, standard, practice, or decision which accords an employee or applicant different treatment because of sex, if such rule, standard, practice, or decision is based upon a bona fide occupational qualification which the employer cannot,without undue hardship,modify or waive to accommodate the employee or applicant. With respect to public services, facilities, and accommodations the Contractor shall be deemed to have complied with the general obligation of according equal opportunity notwithstanding any rule, standard,practice,or decision which restricts or limits access to such on a basis of sex where: A. Physical facilities such as restrooms, bathing facilities, dressing rooms, etc. must be segregated on the basis of sex to accord personal privacy or comply with local, state, or federal law,or ordinance,or administrative regulation;or B. The content or subject matter of a program or service is clearly of benefit to persons of a particular sex only because it deals with medical, psychological, or sociological factors inherently linked to the characteristics of one sex only, or its effectiveness in providing benefit to persons of one sex would be unreasonably and adversely affected by the participation of persons of the opposite sex. 4. DISCR.JMINATIONBECAUSE OF DISABILITY With respect to terms and conditions of employment and hiring only,the Contractor shall be deemed to have complied with the general obligation of according equal opportunity to persons who are physically or mentally disabled if every reasonable effort has been made to accommodate any physical or mental disabilities of an employee or applicant, but such accommodations cannot be made without undue.hardship to the employer; or where, because of such disability,the employee or applicant cannot meet a bona fide occupational qualification that cannot be waived or modified without undue hardship to the employer. With respect to public services,facilities and accommodations only,the Contractor shall be deemed to have complied with the general obligation of according equal opportunity to persons whoare physically or mentally disabled where: A. Architectural barriers limiting access to facilities owned or occupied by the Contractor cannot be eliminated without structural alterations, and are permitted to remain under the provisions of the Oregon State Structural Specialty Code;or B. A program or activity,viewed in'its entirety, is readily accessible to and usable by persons who are physically or mentally disabled. C. The purpose of the program, service, or facility is to provide a special benefit to persons characterized by a particular handicap in some respect specially related to the educational, medical,psychological,mobility, social or economic needs of persons so disabled. 91 • 5. DISCRIMINATIONBECAUSE OF AGE With respect to terms and conditions of employment and hiring only,the Contractor shall be deemed to have complied with the general obligation of according equal opportunity regardless of age where: A. Certain positions include duties which must,by law or ordinance,be performed by persons over a certain age,and the employer cannot accommodate the employment of a person under that minimum age without undue hardship; B. The employee or applicant has passed anyapplicable age established by the Congress of the United States beyond which an employer may reject an employment application or mandate an employee's retirement. With respect to public services,facilities,and accommodations only,the Contractor shall be deemed to have complied with the general obligation of according equal opportunity without regard to age where: A. The purpose of the service,facility, or accommodation is to benefit or serve persons under 18 years of age or their adult custodians in some respect specially related to the needs of such persons;or B. The purpose of the service, facility, or accommodation is to benefit or serve persons 65 ' years of age or older in some respect specially related to the educational, medical, psychological,mobility,social,or economic needs common to persons of that age group. 6. DEFINITIONS As used in this Policy,there are several terms specifically defined in various federal,state,and local laws, ordinances, and administrative regulations applicable either because of the City's receipt of federal or state funds, or because they are general laws and ordinances prohibiting discrimination. In addition,judicial and administrative decisions have created an additional body of law further defining these terms in their application. Because of the magnitude and complexity of these various legal definitions and interpretations,it is not possible to provide exhaustive definitions herein. The Contractor should be guided by the following general:rules: A. Where two separate legal definitions or interpretations may apply in a given situation,the one according the greatest degree of protection to the person entitled to their protection shalt govern. B. "Disability"and"handicap" are intended to be synonymous. C. The Contractor is not entitled to advisory opinions or advice from City representatives as regards the specific application of this policy. It is up to the Contractor,and their own legal counsel to ascertain compliance with this policy, federal, state and local law. The City expressly disclaims any responsibility for the Contractor's reliance on advice or opinions given by City representatives. 92 1 � D. The Contractor is cautioned that restrictions in deeds, leases, collective bargaining agreements, and other contracts may not in every case justify an otherwise discriminatory act,policy,or practice. The Contractor must,at his own risk and expense,comply with this Policy regardless of contractual restrictions which do not justify Contractor's acts,policies, or practices. 7. ADVERTISING AND PROMOTIONAL MATERIAL A. In all advertising,postings,and promotional material relating to hiring,the Contractor shall include the following statement: (name of contractor) is an equal opportunity employer and does not discriminate in hiring, promotion, layoff, discipline, transfer, compensation, or other terms of employment because of a person's race,religion,color,national origin, sex,age,marital status, handicap,or political affiliation." EXCEPTION: In"classified"advertising the Contractor need only include the statement"An Equal Opportunity Employer". B. In all advertising, postings, and promotional material relating to programs and services funded in whole or in part under a contract with the City of Ashland,the Contractor shall include the following statement: "This (program or service as applicable) _ is open to all persons without regard to race, religion, color, national origin, sex, age, marital status, handicap or political affiliation. For further information about this equal opportunity policy, contact (name-of contractor's representative) at_ (phone number) - . 8. RETALIATION The Contractor shall not, in any manner, accord different or unequal treatment to or in any way discriminate,against any person because of such person's filing of or participation in any grievance or complaint of discrimination contrary to its policy,whether such grievance or complaint is logged with the City of Ashland,or any state or federal court or agency. 9. GRIEVANCE PROCEDURE During the term of this Contract, and for at least six months thereafter, the Contractor shall conspicuously display the attached "Notice: Your Rights to Have Discrimination Complaints _Heard" in locations accessible to the public at its principal office and all other premises within the City of Ashland where it conducts any operations. Likewise, the Contractor shall fully cooperate with the designated representative of the City of Ashland and state and federal civil rights compliance agencies in investigating, mediating, and otherwise handling complaints or grievances concerning this Policy. 10. VIOLATIONS Violation by the Contractor of any provision of this Policy may,in addition to any remedy accorded an aggrieved person,be cause for termination of the Contract,debarment from participation in future City of Ashland contracts,or.both. 93 `. 11. CONTRACTS DIRECTLY FUNDED BY FEDERAL OR STATE AGENCIES s If this Contract is funded in whole or in part by federal or statergrants,there may be imposed on the Contractor the additional obligation of"affirmative action",to ensure equal opportunity,and specific standards and reporting requirements to be met. "Affirmative action", in general, means taking positive and affirmative steps to involve historically disadvantaged classes of persons in the performance of the work or participation in the benefits of this Contract. These steps may include special recruitment efforts,specific goals as to percentages of such persons employed in certain jobs, specific goals as to percentages of such persons employed in certain jobs,specific standards for the amount of work to be subcontracted to minority-owned businesses,etc. If there are such additional requirements beyond this policy,the Invitation for Bids will state: "This project is funded in whole or in part through (name of agency) . Special equal opportunity requirements imposed by that agency are contained in the bid documents, and bidders are cautioned to examine them carefully in preparing their bids." 94 EXHIBIT K CERTIFICATION_OF NONSEGREGATED:FACILITIES The federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments,and that he does not permit hisemployees to perform their services at any location,under his control,where segregated facilities are maintained.The federally assisted construction contractor certifies further that he will not maintain or provide for his employees segregated facilities at any of his establishments,and that he will not permit his employees to perform their servicesat any location, under his control,where segregated facilities are maintained.The federally assisted construction contractor agrees that a breach of this certification is a violation of the equal opportunity clause in this contract. As used in this certification,the term"segregated facilities"means any waiting rooms,work areas, restrooms and washrooms,restaurants and other eating areas,time=clocks,locker rooms and other storage or dressing areas,parking lots,drinking fountains,recreation or entertainment areas,transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race,color,religion, sex,or national origin,because of habit, local custom,or any other reason.The federally assisted construction contractor agrees that(except where obtained identical certification from proposed subcontractors for specific time periods).he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding$10,000 which are not exempt from the provisions of the equal opportunity clause,and that he will retain such certifications in his files. Certification: The information above is true and complete to the best of my knowledge and belief. Name and Title of Signer(Please type) Signature Date NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. 95 THIS PAGE INTENTIONALLY LEFT BLANK 96 EXHIBIT L BIDDER'S STATEMENT ON PREVIOUS CONTRACTORS SUBJECT TO EEO CLAUSE • The Bidder(proposer)has has not _participated in a previous contract subject to the nondiscrimination clause prescribed by Section 202 of Executive Order No. 11246 dated September 24, 1965. The Bidder(proposer)has had submitted compliance reports in connection with any such contract as required by applicable instructions. If the Bidder(proposer)has participated in a previous contract subject to the nondiscrimination clause and has not submitted compliance reports as required by applicable instructions,the Bidder(proposer)shall submit Standard Form 100(for federal construction contracts)with the bid or proposal indicating current compliance. Name and Title of Signer'(Please type) Signature Date • • 97 THIS PAGE INTENTIONALLY LEFT BLANK 98 EXHIBIT M LETTER OF INTENT Name of Bidder's Firm: Bidder's Address: City: State - _ Zip Code Name of DBE Firm: Address: - - City: State Zip Code r ° Telephone:- Area Code: State DBE Certification Number: -- - - - Description of work to be performed by DBE firm: Bidder intends to utilize the above-named minority firm for the work described above.The estimated amount of work is valued at$ . If the above-named bidder is s no t determined to be the successful bidder;the Letter of Intent shall be null and void. By: (Signature) (Title) (Copy this page for each DBE subcontractor) (Letter of intent is not required if no DBE firms participate in the project) 99 THIS PAGE INTENTIONALLY LEFT BLANK aoo EXHIBIT N RESTRICTION ON FEDERAL PUBLIC WORKS PROJECTS (a) General:This clause,implements provisions contained in the Airport and airway Safety and Capacity Expansion Act of 1987,Public Law No.100223. (b) Restrictions on Contract Award:No contract will be awarded to a bidder(1)who is owned or controlled by one or more citizens or nationals of a foreign country included on the.list of countries that discriminate against U.S. firms,published by the United States Trade Representative(USTR)or (2)whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or(3)who incorporates in the project any production of a foreign country on such USTR List; unless a waiver to these restrictions is granted by the President of the United States or the Secretary of Transportation.(Notice of the granting of a waiver will be published in the Federal Register.) (c) Certification:By this page the bidder certifies that with respect to this solution, and any resultant contract the bidder: 1. Is Is not a contractor of a foreign country included on the USTR list; 2. Has Has not _entered into any contract with a subcontractor of a foreign country included on the USTR list; 3. Has Has not entered into any contract for any product to be used on this project that is produced in a foreign country included on the USTR list. (d) The bidder may rely upon the certification of a prospective subcontractor for the above conditions unless the bidder has knowledge that the certification is erroneous. (e) Erroneous Certification: This certification is a material representation of fact upon which reliance was placed when making the award.If it is later determined that the bidder knowingly rendered an erroneous certification,the sponsor may cancel this contract for default at no cost to the sponsor. (f) Subcontracts:The bidder shall incorporate this clause,without modification, including this paragraph (f)in all solicitations and subcontracts under this contract. _ (g) Applicability of 18 U.S.C. 1001:This certification concerns a matter within the jurisdiction of the federal Aviation Administration and the making of a false or fraudulent certification may render the maker subject to prosecution under Title 18,Unites States Code, Section 1001. Firm Name - - Authorized Signature_ Title- Date ---- 101 THIS PAGE INTENTIONALLY LEFT BLANK 102 • EXHIBIT O BUY:AMERICAN:PREFERENCE. The Contractor agrees to comply with 49 USC§ 50101,whichprovides that Federal funds may not be obligated unless all steel and manufactured goods used in AIP funded projects are produced in the United States, unless the Federal Aviation Administration has issued a waiver for the product;the product is listed as an Excepted Article,Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers Issued list. A bidder or offeror must complete and submit the Buy America certification included herein with their bid or offer.The Owner will reject as nonresponsive any bid or offer that does not include a completed Certificate of Buy American Compliance. As a matter of bid responsiveness,the bidder or offeror must complete, sign,date,and submit this certification statement with its proposal. The bidder or offeror must indicate how it intends to comply with 49 USC § 50101 by selecting one of the following certification statements. These statements are mutually exclusive. Bidder must select one or the other(i.e.not both)by inserting a checkmark(1)or the letter «X» • ❑ Bidder or offeror hereby certifies that it will comply with 49 USC'§ 50101 by: a) Only installing steel and manufactured products produced in the United States; or b) Installing manufactured products for which the Federal Aviation Administration(FAA) hasissued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing; or c) Installing products listed as an Excepted Article,Material or Supply in Federal Acquisition Regulation Subpart 25.108. By selecting this certification statement,the bidder or offeror agrees: • To provide to the Owner evidence that documents the source and origin of the steel and manufactured product. • To faithfully comply with providing U.S.domestic products. • To refrain from seeking a waiver request after establishment of the contract,unless extenuating circumstances emerge that the FAA determines justified. ❑ The bidder or offeror hereby certifies it cannot comply with the 100 percent Buy American Preferences of 49 USC § 50101(a)but may qualify for either a Type 3 or Type 4 waiver under 49 USC § 50101(b). By selecting this certification statement,the apparent bidder or offeror with the apparent low bid agrees: a) To the submit to the Owner within 15 calendar days of the bid opening,a formal waiver ;request and required documentation that supports the type of waiver being requested. b) That failure to submit the required documentation within the specified timeframe is cause for a non-responsive determination that may result in rejection of the proposal. c) To faithfully comply with providing U.S.domestic products at or above the approved U.S.domestic content percentage as approved by the FAA. d) To furnish U.S.domestic product for any waiver request that the FAA rejects. e) To refrain from seeking a waiver request after establishment of the contract, unless extenuating(circumstances emerge that the FAA determines justified. 103 a THIS PAGE INTENTIONALLY LEFT BLANK r 104 Required Documentation Type 3 Waiver—The cost of components and subcomponents produced in the United States is more than 60 percent of the cost of all components and subcomponents of the"facility".The required documentation for a Type 3 waiver is: a) Listing of all manufactured products th,at are not comprised of 100 percent U.S. domestic content(excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart 25.108;products of unknown origin must be considered as non-domestic products in their entirety). b) Cost of non-domestic components and subcomponents,excluding labor costs associated with final assembly and installation at project location. c) Percentage of non-domestic component and subcomponent cost as compared to total "facility"component and subcomponent costs,excluding labor costs associated with final assembly and installation at project location. Type 4 Waiver—Total cost of project using U.S.domestic source product exceeds the total project cost using non-domestic product by 25 percent.The required documentation for a Type 4 of waiver is: a) Detailed cost information for total project using U.S.domestic product b) Detailed cost information for total project using non-domestic product False Statements: Per 49 USC §47126,this certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false,fictitious or fraudulent certification may render the maker subject to prosecution under Title 18,United States Code. Date Signature Company Name Title 105 • THIS PAGE INTENTIONALLY LEFT BLANK 106 EXHIBIT P BUY AMERICA CONFORMANCE LISTING Title 49 U.S.-C Section 50101 (b) For Airfield Development Projects funded under the Airport Improvement Program • Preparation of a Component Cost Calculation Table is not necessary for equipment listed on the FAA national listing: htlps//w ikw.ftkr:j n/c'ii,.ports/efp/bni.) ;amenCalc/nleclzahnationwide=buv clime)ican-w rives= issuedpdf ,• Bidder shall submit a listing of equipment it proposes to install on the project that is included on the current National Buy American conformance list. ;•. This form is to be filled out and submitted to the Owner within 7 days of the notice of apparent low bid. Equipment Type Name Of Manufacturer Product Number Certification Signature: Bidder hereby certifies that the above listed equipment,which we propose for installation on the subject project;are on the current National Buy America Conformance list as established at: liilpc //ii+ii ii�.faa oi��aupoi,s/a,p/buv_irnrei r�cni/iiteclki/iia/roirii�ide=GuV=irirrerican-waNeis msziedpclf• I hereby certify the above information is accurate and complete. Date Signature Company Name Title _ 107 THIS PAGE INTENTIONALLY LEFT BLANK 108 EXHIBIT Q Buy America Waiver Request Title 49 U.S.0 Section 50101 (b) For Airfield Development Projects funded under the'Airport Improvement Program Instructions for:Permissible.Waivers Nationwide Waivers: The FAA Office of Airports publishes national waivers for equipment and products that meet Buy American requirements under 49 USC 50101. Nationwide waivers are published at: http://www.faa.gov/airports/aip/procurement/federal contract_provisions/media/buy_american waiver.xls Section SO .I O l(b)(1)&(b)(2)Waivers: The bidder may request a waiver based upon the best interests of the public,Section 50101 (b)(1)or request a waiver based upon insufficient supply of U.S.manufactured products,Section 50101 (b)(2), however approval is rare and waivers may only be approved by the FAA Office of Airports in Washington DC. Section 50101(b)(3) Waiver: The bidder may request a waiver if 60%or more of the components are produced in the United States and final assembly occurs in the U.S. Bidder is hereby advised that the Owner's approval with the bidder's waiver request is contingent upon FAA approval. 1. "Equipment"in Section 50101 shall mean the following: a) Individual type"L"items(Airfield Lighting Equipment)as listed in FAA Advisory Circular 150/5345-53. b) Individual bid items as established within FAA Advisory Circular 150/5370-10. c) A waiver request may only address one specific equipment item. Submit separate requests for each equipment item for which a waiver. d) Items listed under the Nationwide Waiver referenced above do not require further review. 2. The bidder must base the U.S.percentage upon the value that results from completing a component cost calculation table similar to the attached format.The Bidder must submit the component cost calculation table as an attachment to the waiver request. 3. Components/subcomponents are the material and products composing the"equipment". 4. The final assembly of the AIP-funded"equipment"must be within the USA (Section 50101(b)(3)(B)). Final assembly is the substantial transformation of the components and subcomponents into the end product. 5. All steel used in the"Equipment"must be produced in the United States. 6. The Buy American requirements apply to all tier contractors and subcontractors. All contractors/subcontractors are required to provide appropriate documentation that indicates origin of manufacturer and percentage of domestic made product. 7. The bidder is hereby advised there is no implied or expressed guarantee that a requested waiver will be issued by the Federal Aviation Administration(FAA). Less than 60%USA component/subcomponent proposed for this facility CANNOT be waived.Products made with foreign steel are not eligible fora waiver. 8. North America Free Trade Act(NAFTA):Free Trade Agreements such as NAFTA do not apply to the AIP. Products and material made in Canada or Mexico must be considered as foreign made products. 9. Preparation of a Component Cost Calculation Table is not necessary for equipment listed on the FAA national listing: http://www.faa:gov/airports/aip/procurement/federal .contract_:provisions/media/buy. american waiv.._ 109 1 er.xls. Bidder however shall submit a listing of any equipment it proposes to install on the project that is included on the National Buy American conformance list. Instructions for:Section'50101(li)(4).Waiver: 1. The bidder may request a waiver if application of Buy America preferences results in a 25%cost increase in the overall project.This waiver is rarely applicable.Consult the Owner before making this request. 110 • EXHIBIT R BuV-Atnerita Waiver Request- . Title 49 US C$eption30101-0X3) For Airfield Development PrNCO!:funded under the Airport Improvement Program COMPONENT VAT CALCULATION TABLE(Type Waiver) • In lieu ecompletingthislahlo;Newer mayprepare a spreadsheet that addresses the same info,ma/ion and calculations aspreSented.hei•ein. • Preparation ofaCon tpOrientCbil,Calqulation Table is not necessary for equipment listed on the FAA.national us/int /flvnhtiante )ot.is/al ihrott(lifittentl edetal tofu tilbOisioithlthedia/bM, rican _ __ , „ _ aiver.xls. • The component breakout shall be along major components of the equipment Submit separate caltulatiOnfor-each different equipment types. Do not combine the component cost calculations Ofayffereht types olequipittent • Fpr.4hfield development prject,F; equipment h tefinga 2"items fAirfteldLighling Elitiptnetit)as listed in 1144 AdviSotj)Circular 1.5*$34:5 $3:and the b).040014,hid items-els established within FAA AdOiSo0Ch•ctilar.150$70-16. The individual bid item method may not ,b0 applied to the.IIL"type items. • An authorized person shall attest under signature and date that the submitted information is accurate and complete. Equipment Type: _ _ _ Cost of Foreign Cost of USA Manufactured Manufactured .s 'Component/Subcomp Name of - 'Country of Components/Subc . Components/Subc ' onents . Manufacturer . Origin • - • - - . _ . _ • . . . _ _ Sum of US Manufactured Component/Subcomponent Costs: Sum of all Equipment Components and Subcomponents: Percentage of Equipment Components Manufactured in the United States: _ Place of Final Assembly: .CertiticatiOn Siditattire Bkiderheeeliy-Oqueats 4-waiver to Buy America preferences based Offien:Peetion,50101.(b)(3)for the equipment identifiea above The bidder certifies that %of the cost of components and subcomponents comprising the equipment are produced in the United States and that filial assembly occurs-with in the IlitikdStates, . - . . 111 I hereby certify the above information is accurate and complete. Date Signature Company Name Title 112 • . .>„., . ® A9RD® CERTIFICATE OF LIABILITY INSURANCE DATE(M !DD/Y�) 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 have ADDITIONAL INSURED provisions or 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 • CONTCONTACT . 'MarshIU.S.Operations Marsh USA Inc. PHONE - -4664FAX 212-948-5382 333 South 7th Street,Suite 1400 . • (A/C.No.Ext): 866966 (A/C.No): Minneapolis,MN 55402-2400 E-MAIL MDU.CertRequest@marsh.com Attn:MDU.CertRequest@marsh.com;Fax:(212)948-5382 ADDRESS: INSURER(S)AFFORDING COVERAGE - NAIC# CN102299309-Exp12-GAWX-22-23 INSURER A:Liberty Mutual Fire Ins Co 23035 INSURED INSURER B:'N/AN/A LTM,Incorporated 42404 dba Knife River Materials INSURER c:Liberty Insurance Corporation PO Box 1145 • INSURER D: Medford,OR 97501 •• ' INSURER E: • INSURER F: COVERAGES CERTIFICATE NUMBER: CHI-010199012-01 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. ADDL SUBR POLICY EFF POLICY- EXP IN • LTRR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY TB2-641-005097-042 01/01/2022 01/01/2023 EACH OCCURRENCE $ . 2,000,000 • DAMAGE TO X PREMISES Ea occurD rence)OCCUR $ 1,000,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 • GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY X JEC PROT- LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: $ A AUTOMOBILE LIABILITY Al2-641-005097-052 01/01/2022 01/01/2023COMBINED SINGLE LIMIT $ 2,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $- OWNED SCHEDULEDBODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED x NON-OWNED PROPERTY DAMAGE $ • AUTOS ONLY AUTOS ONLY (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ _ $- - C WORKERS COMPENSATION WA7-64D-005097-022(Regulated) • 01/01/2022 01/01/2023 X STATUTE ERH AND EMPLOYERS'LIABILITY Y/.N C WA7-64D-005097-012(AOS) 01/01/2022 01/01/2023 E.L.EACH ACCIDENT $ 1,000,000 ANYPROP R I ETOR/PARTN ER/EXEC UTIVE OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) "'Includes"Stop-Gar" E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ J DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) , Re:.KRM Job#:16221126 CoA AMA Taxiway Reconstruct&Rehab. . • The City of Ashland,its agents,officers and employees is/are included as additional insured under general liability-per the attached CG 2010 and CG 2037 endorsements and does not include professional liability coverage. Blanket Additional Insured for Automobile Liability is included per attached designated Insured Endorsement CA 20 48. Auto Liability:Primary and Non-contributory applies to our insured's owned autos, subject to the terms&conditions of policy form CA 2048. Primary and Non-Contributory applies for General Liability per CG 20 01 attached. • • CERTIFICATE HOLDER . CANCELLATION . City of Ashland - .SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20 East Main StreetTHE EXPIRATION.DATE THEREOF, NOTICE• WILL BE DELIVERED IN Ashland;OR 97520 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE • 1 . :a c4 21.5 V`u. ©1988-2016 ACORD CORPORATION. All rights reserved. • ACORD 25(2016/03) The ACORD name and logo-are registered marks of ACORD a POLICY NumBFFtAl2-641-05o97.:o5? COMMERCIAL AUTO, CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ CAREFULLY: • IT DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form,apply unless modified by the endorsement. This endorsement identifies person(s) or organization(s)who are"insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision Of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name Of Person(s)Or Organization(s): Any person or organization whom you have agreed in writing to add as an additional insured,but only to.coverage and minimum limits of insurance required by the written agreement, and in no event to exceed either the scope of coverage or the limits of insurance provided in this policy. This policy will be primary and non-contributory to any like insurance available to the person or organization noted above. Information required to con-iplete this Schedule, if not shown above,will be shown-in the Declarations. Each person Or organization shown in the Schedule,is an"insured"for Covered Autos Liability Coverage,but only to the extent that person or organization qualifies as an"insured"under the Who Is An Insured provision contained in Paragraph Al.of Section II- Covered Autos Liability Coverage in the Business Auto_and Motor Carrier Coverage Forms and Paragraph 0.2.of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form, CA 20 48 10 13 ,• Insurande Services Office InC 2011 Page 1 of 1 • Policy Number:Al2-641-005097052 IsSued 13y: Liberty Mutual Fire Insurance Co „ . THIS ENDORSEMENTCHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO.THIRD PARTIES. This endorsement modifies insurance prciVided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART • Schedule Name of Other Person(s)! Email Address or mailing Number Organization(s): address:, bays Notice: Per schedule on file with the Per schedule of bertificate holdera 90 Company on file with the Company A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed ths notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditiOns of this policy remain Unchanged. LIM 99 01 os 11 ©2011, Libert9 Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. • with its permission. • POLICY NUMBER:TB2-641-005097-042 COMMERCIAL GENERAL LIABILITY CG.20 10 1279 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED.- OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insuranceprovided under the following: COMMERCIAL GENERAL LIABILITY CQ,VERAGE PART • A. Section II - Who Is An Insured is amended to - 1. All work, including materials, parts or include as an additional insured the persons) or equipment furnished in connection with such organiization(s) shown in the Schedule, but only with work,, on the project .(other than. service, respect 'to liabilityfor "bodilyinjury", "property maintenance or repairs) to be performed by or damage" or "personal and advertising injury" on behalf of the additional irisured(s) 'at the caused,in whole or in part,by: location of the covered operations has been 1. Your acts or omissions;or completed;or 2. The acts or omissions of those acting on your 2. That portion of "your work" out of which the behalf; injury or damage arises has been put to its. in the performance of your ongoing operations for intended use by any person or organization the additional insured(s) at the. locations) 'other`than another contractor or subcontractor designated above. engaged in performing operations for a principal as a part of the same project: However: C. With respect to the insurance afforded to these 1. The insurance afforded to such additional additional insureds; the following is added to insured only applies to the extent permitted by Section III—Limits Of Insurance: law;and x if coverage provided to the additional insured is 2. If coverage provided to the additional insured is required by a contract or agreement, the'most we required by a contract or agreement, the will pay an behalf off the additional insured its the insurance afforded to such additional insured will amount of insurance: not be broader than that which you are required 1. Required by the contract or agreement;or by the contract or agreement to.provide for such additional insured. 2. Available under the 'applicable limits of B. With respect to the insurance afforded to these insurance; additional insureds, the following additional whichever is less. exclusions apply: This endorsement shall not increase the This insurance does not apply to "bodily injury" or applicable limits of insurance. "property damage"occurring after SCHEDULE • CG 20 10 12 19 ©Insurance Services Office, Inc:,2018 Pagel of 2 • POLICY NUMBER`TB2-641=005097-042 COMMERCIAL.GENERAL LIABILITY CG 20 10 12 19 • SCHEDULE (Continued) Name Of Additional.Insured Person(s) Or Organization(s): nLocatios)Of Covered Operations Any person or organization with whom you have agreed All locations as required by a written.contract or in writing in a contract or agreement, prior to,an agreemententered into prior to an"occurrence:'or "occurrence" or"offense";that such person or offense. organization be added as an additional insured.on your policy: and 2.Any other person or organization you are required to add as an additional insured under the contract or agreement described in item (1)above. Information required to completethis Schedule,if not shown above,will be shown in the Declarations. • • CG 20 10 12'19 ©Insurance Services Office,Inc.;2018 Page2 of 2 • • POLICY.NUMBER:TB2-641-005097-042 COMMERCIAL GENERAL LIABILITY CG 2037 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED"OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS%COMPLETED OPERATIONS LIABILIITY:COVERAGE PART A. Section II — Who is An Insured is amended to B. With respect to the insurance, afforded to these include as an additional insured:the person(s) or. , additional insureds, the following. is, added to organizations) shown in the Schedule; but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage: provided to the additional insured is "property damage" caused, in wholeor in part, by "your work" at the location designated and; required by a contract or agreement, the most we described in the Schedule of this endorsement will pay`on behalf: of the additional insured is the performed for that.additional insured and included amount of insurance: in the"products-completed operations hazard". 1. Required by the contract or agreement;or However: 2 Available under the applicable limits of 1. The ins_urance afforded to such additional insurance; insured only applies to the extent permitted by whichever is less. LAW;and This-endorsement shall not increase the applicable 2. If coverage provided to the additional insured is limits of insurance. required by a contract or .agreement, the insurance afforded to such additional insured will not be broader than that whichyou are required by the contract or agreement to provide for such additional insured. SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Any person or organization for whom you have agreed All locations as required by a written contract or in writing in a contract or agreement, prior to an agreement entered into prior to an"occurrence"or "occurrence'or"offense";that such person o'r offense, organization be`added as an additional insured on your policy;and 2:Any other person or organization you are required to add as an additional insured under the contract or agreement described in item(1)above. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. CG 20 37 12 19 ©Insurance Services Office,Inc.;2018 . Page 1 of 1 • Policy Number TB2-641-005097;042 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED'TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY-UMBRELLA COVERAGE FORM A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations-shown in the Schedule of this endorsement. We will send notice.to the email or mailing address listed above at least 10 days, or the number of days listed above, if any before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy.only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. Schedule Name of Other Person(s)! Email Address or mailing address: Number Days Notice: Organization(s): Per Schedule on file with the Company Per Schedule on file with the company 90 LIM 99 01 05 1.1 ©2011,Liberty Mutual Group of Companies:.All rights reserved. Page .1 of 1 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. • - ; NOTICE OF CANCELLATION TO THIRD PARTIES A. If we cancel this policy for any reason other than nonpayment Of premium, we will notify the persons or organizations shown in the Schedule below.We will send notice to the email or mailing address listed below at feast 10.days, or the number of days listed below, if any, before cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the ,policy. Schedule - Name of Other Person(s)I Email Address or mailing address: Number Days Notice: Organization(s): Per Schedule On file with the Per Schedule on flewith the 90 - Company Company All other terms and conditions of this policy remain unchanged. • Issued by Liberty Insurance Corporation 21814 For attachment to.Policy No.WA7-84D-OQ50g7-012 Effective Date Premium$ Issued to Centennial Energy Holdings,Inc. Endorsement No. WC 99 20 75 ©2016 Liberty Mutual Insurance Page 1 of 1 Ed. 12101/2016 NOTICE OF CANCELLATION TO THIRD PARTIES A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below.We will send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, if any, before cancellation becomes effective. In no event does the notice to the third.party exceed the notice to the first named insured. B. This advance notification ofa pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. Schedule • Name of Other Person(s)I Email Address or mailing address: Number Days Notice: Organization(s): Per schedule on file with the Per schedule on file.with,the 90• Company • Company • All other terms and conditions of this policy remain unchanged. Issued by Liberty Insurance Corporation 21814 For attachment to Policy No.WA7-64D=005097-022 Effective Date Premium$ Issued to MDU Resources Group, Inc. Endorsement No. WC 99 20 75 ©2016 Liberty Mutual Insurance Page 1 of 1 Ed.12/01/2016