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HomeMy WebLinkAbout2022-046 PO 20220355- Pilot Rock Excavation Purchase Order\ trAll Fiscal Year 2022 Page: 1 of: 1 B City of Ashland REG*, �� Y �� `� � � k f D - k _ ATTN: Accounts Payable err REG. 3 L 20 E. Main Purchase 20220355 L Ashland, OR 97520 Order# T Phone: 541/552-2010 O Email: payable@ashland.or.us V H 0/0 Purchasing Division E PILOT ROCK EXCAVATION I 90 North Mountain Ave N 5 S STAGE ROAD p Ashland, OR 97520 MEDFORD, OR 97501 Phone: 541/488-5354 O T Fax: 541/488-5320 R a� `a®r - Layer ay./A # —� F=1-. - f'-fie§i-t s �zs tel, _ `r _S�1'r__pzF °_?e`._ _ _ (541) 664-9288 Scott Fleury _ _ [__® e[-../ -le _Rev! Ys r— € aeXi g of=amen 1P.i o f. , 06/14/2022 678 FOB ASHLAND OR City Accounts Payable WWTP Outfall Relocation 1 Wastewater Treatment Plant Outfall Relocation 1.0 $2,555,186.00 $2,555,186.00 Jacobs Engineering Agreement Approved by City Council May 23, 2022 Project Account: E-201321-999 ***************GL SUMMARY*************** 086100-704200 $2,555,186.00. • . - - � -:_ 'fir -•=�,_ By: Date: Authorize Signature =� �P=1 - - .2 555108.00 r FORM #3CITY OF ASHLAND REQUISITION liaes „4...&..7.7-- 6—at of request: . 05131/2022 Required date for delivery: Vendor Name Pilot Rock G�_, Address,City,State,Zip 356 Bateman Dr.Central Point,OR 97502 ,.......1 Contact Name&Telephone Number Alison Fowler 541-779-4916 y Email address A SOURCING METHOD ? #7_ W�" ❑ Exempt from Competitive Bidding 0 Emergency ❑ Reason for exemption:_ 0 Invitation to Bid 0 Form#13,Written findings and Authorization 1 ❑ AMC 2.50 Date approved by Council: 0 Written quote or proposal attached I ❑ Written quote or proposal attached _(Attach copy of council communication) (If council approval required,attach copy of CC) ❑ Small Procurement 0 Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: multiple 0 State of Oregon O Direct Award • (Attach copy of council communication) Contract# ❑ Verbal/Written bid(s)or proposal(s) ❑ Request for Qualifications(Public Works) ❑ State of Washington Date approved by Council: Contract#_ (Attach copy of council communication) ❑ Other government agency contract Intermediate Procurement 0 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 O (3)Written bids&solicitation attached ❑ Form#4,Personal Services$5K to$75K Agency PERSONAL SERVICES ❑ Special Procurement 0 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 approvedlsigned by I ❑ Less than$35,000,by direct appointment ❑ Written quote or proposal attached City Administrator.AMC 2.50.070(4) ❑ (3)Written proposals&solicitation attached Date approved by Council: ❑ 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 Wastewater Treatment Plant Outfall Relocation 2;555,186.00: - - Item# Quantity Unit Description of MATERIALS Unit Price Total Cost .4 AC5C- ❑■ Per attached quotelproposal TOTALtOS T! Project Number 2 o 1 a 2 1 . e s s Acco - t Number o e c 1 o 0.7 0 4 2 0 0 /67 to d� r Account Number - Acco nt Number pG‘ >✓ > y *Expenditure must be charged to the appropriate account numbers for • inancials to accurately reflect the actual expenditure �,rM' _ IT;Director in collaboration with department to approve all hardware and software pure a 13-Director Date Supped-Yes/No By signing this nrequisition �form,IIcertify thatthe �Citty's_publliic contracting requirements have been satisfied. Employee:�1O'�9`r"�/ IJQ�1 AtQ -l OJ Department Head: �s V 31/2a �„��� '�� ,terth• $5,000) Department Manager/Supervisor: City Administrator: � � f�s;__..,-,t. A (•:Fa to or greater th•n$25,000) Funds appropriated for-current fiscal year: YES/NO 4PP Ciao, June 1,2022 Finance Director-'(Equal to orgieater(han$5,000), Date Comments: Form#3-Requisition Kariann Olson • From: Tami Campos Sent: Tuesday,June 14,2022 7:26 AM To: Kariann Olson;Kaylea Kathol Subject RE:Pilot Rock My apologies, I inadvertently forgot to remove 083500 from form 3. It sh•. I• be 100%to 086100. Thanks for checking! ra wl&V Administrative Analyst 1 City of Ashland, Public Works Department 20 East Main Street,Ashland,OR 97520 541-552-2420 Fax:541-488-6006,TTY?1-800-735-2900 • glffiLike Public Works on Facebook for updates and information! Like Ashland Water Conservation on Facebook for updates and information! This email transmission is official business of the City of Ashland,and it is subject to Oregon Public Records law for disclosure and retention. If you have received this message in error,please contact me at 541-552-2420..Thank you. S From: Kariann Olson<kari.olson@ashland.or.us> Sent: Monday,June 13, 2022 4:58 PM To:Tami Campos<tami.campos@ashland.or.us>; Kaylea Kathol<kaylea.kathol@ashland.or.us> Cc: Kariann Olson<kari.olson@ashland.or.us> Subject: Pilot Rock Hello, What amounts do you want to go to each of the two (2) account numbers? Please advise. Thank you. _ , Kariann Kariann Olson Purchasing Specialist 1 City of Ashland 90 N. Mountain Ave. Ashland, Oregon 97520 Tel 541-488-5354 Fax 541-488-5320 TTY 800-735-2900 kari.olson(laashland.or.us Visit the City's web site at: www.ashland.or.us This email transmission is official business of the City of Ashland, and it is subject,to Oregon Public Records law for disclosure and retention. If you have received this message in error, please contact me at(541)488-5354.Thank you. 1 • r • • • • Kariann Olson From: Kaylea Kathol Sent: Friday,June 10,2022 4:29 PM To: Tami Campos;Kariann Olson • Subject- RE:PO for WWTP Outfall Project It is possible Ihey'll start mobilizing very soon. Just sent out notice to proceed. So yes, I think we should issue the PO in FY 2022 be use they may bill us for a few days of work this month. Thanks, I, -a • From:Tauri Campos<tami.campos@ashland.or.us> Sent: Friday,June 10, 2022 8:01 AM To: Kariann Olson<kari.olson@ashland.or.us>; Kaylea Kathol<kaylea.kathol@ashland.or.us> Subject: RE: PO for WWTP Outfall Project This.will be an FY23 project for the most part. Kaylea do you know if they'll have any work billed for the month of June, 2022? ra ww v M Cii&-Ccvsnp Administrative Analyst City of Ashland, Public Works Department 20 East Main Street,Ashland,OR 97520 541-552-2420 Fax:541-488-6006,TTY:1-800-735-2900 Like Public Works on Facebook for updates and information! Like Ashland Water Conservation on Facebook for updates and information! 2 r r This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records law for disclosure and retention. If you have received this message in error,please contact me at 541-552-2420. Thank you. From: Kariann Olson<kari.olson@ashland.or.us> • Sent:Thursday,June 09, 2022 5:02 PM To:Tami Campos<tami.camposPashland.or.us>; Kaylea Kathol<kavlea.kathol@ashland.or.us> Cc: Kariann Olson<kari.olson@ashland.or.us> Subject: PO for WWTP Outfall Project Hello, ,Do you want the PO issued in FY 22? (Is the contractor going to do any of the work in June 2022?) Or do you want the PO issued in FY 23? (Work will begin in July 2022?) • Please advise. Thank you. • Kariann Olson Purchasing Specialist 1 ' 1 City of Ashland 90 N. Mountain Ave. ' Ashland, Oregon 97520 Tel 541-488-5354 Fax 541-488-5320 TTY 800-735-2900 kari.olson@ashland.or.us' Visit the City's website at: www.ashland.or.us ti This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records law for disclosure and retention.If you have received this message in error, please contact me at(541)488-5354.Thank you. • • • 2 • • Memo TO: Joseph Lessard FROM: Tami De Mille-Campos (Public Works) DATE: 6/1/2022 RE: City Manager Signature Needed for contract execution—Pilot Rock Excavation Background: Public Works wishes to enter into a contract for development of the WWTP Outfall Relocation, Project No. 201321. This project is required by the NPDES Permit(an extension of the federal Clean Water Act)that authorizes the City to discharge treated effluent from its wastewater treatment plant into receiving waters of the state. Council Action: Council authorized this contract during a special business meeting on Ma022 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 If no,please collect before sending them to the City Manager. Are all attachments listed included? Yes If no,please include all attachments before sending to the City Manager. CITY OF ASHLAND 20 East Main Street Tel:541-488-6002 Ashland,Oregon 97520 Fax:541-488-5311 www.ashland.or.us TTY: 800-735-2900 ,� Checklist of Submittals for Contract Award Ashland Wastewater Treatment Plant Outfall Relocation,Project 2013-21 Signed contract(attached Agreement, sign on page 14) Bonds: Performance Bond (attached Agreement,page 15) Payment Bond(attached Agreement,page 19) d Proof of filing Public Works Bond with CCB W9 on the current(2018) federal form Certificates of Insurance and Endorsement naming City as Additional Insured: General Liability Umbrella Coverage (if applicable) Automobile Liability Workers Compensation DEQ Forms BC 9, 10, 11, 12, and 14. These forms were provided in the bid documents, or they can be accessed at the links provided below: BC 9 Certification of Lobbying Activities,updated May 2019 BC 10 Disclosure of Lobbying Activities BC 11 Certification of Non-Segregated Facilities, updated January 2021 BC 12 Non-Discrimination Notice, updated May 2019 BC 14 Contractor's Compliance with EO 11246 Statement, updated May 2019 CITY OF ASHLAND WASTEWATER TREATMENT PLANT OUTFALL RELOCATION AGREEMENT THIS AGREEMENT is by and between The City of Ashland, Oregon (Owner) and Pilot Rock Fxcavatinn. Inc (Contractor). Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: 1. WORK. 1.1. Contractor shall complete the Work as specified or indicated in the Contract Documents. The Work is generally described as follows: 1.1.1. Installation of approximately 1,200 linear feet of 36-inch gravity PVC pipeline and 800 linear feet of 30-inch pressure HDPE pipeline, manholes, outfall, intake coffer dams, in-water work, over-excavation, embankment construction, and diversion structures, and includes erosion and sedimentation control. 2. ENGINEER 2.1. The Project has been designed by Jacobs Engineering Group (Engineer), who is to act as Owner's representative, assume duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. 3. CONTRACT TIMES 3.1. Time of the Essence: Time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.2. Days to Achieve Substantial Completion and Final Payment: 3.2.1. The Work shall be substantially completed within 300 calendar days from the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 330 calendar days after the date when the Contract Times commence to run. PW\DEN003\D3527000 AGREEMENT FEBRUARY 2022 00 52 13 - 1 ©COPYRIGHT 2022 JACOBS Page 1 WASTEWATER TREATMENT PLANT CITY OF ASHLAND OUTFALL RELOCATION 3.3. Liquidated Damages: 3.3.1. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified for Work completion and readiness for final payment in Paragraph Contract Times above,plus any extensions thereof allowed in accordance with Article 11 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time.Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner for each day that expires after the time specified herein for completion and readiness for final payment until the Work is completed and ready for final payment an amount established by the following formula: Liquidated Damages per calendar day are 15 percent of C divided by T, where: C=Contractor's Bid amount of the Contract T=Total calendar days between the date of bid opening and the date for Work completion. 4. CONTRACT PROVISIONS 4.1. Contractor shall pay promptly, as due, all persons supplying labor or materials for the prosecution of the Work provided for in the Contract and shall be responsible for such payment of all persons supplying such labor or material to any subcontractor. 4.1.1. ORS 279C.580(3)(a)requires the prime Contractor to include a clause in each subcontract requiring 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 prime Contractor by the public contracting agency; and 4.1.2. ORS 279C.580(3)(b)requires the prime Contractor to include a clause in each subcontract requiring Contractor to pay an interest penalty to the first- tier subcontractor if payment is not made within 30 days after receipt of payment from the public contracting agency. 4.1.3. ORS 279C.580(4) requires the prime Contractor to include in every subcontract a requirement that the payment and interest penalty clauses required by ORS 279C.580(3)(a) and (b) be included in every Contract between a subcontractor and a lower-tier subcontractor or supplier. AGREEMENT PW\DEN003\D3527000 00 52 13 -2 • FEBRUARY 2022 ©COPYRIGHT 2022 JACOBS Page 2 CITY OF ASHLAND WASTEWATER TREATMENT PLANT. OUTFALL RELOCATION 4.2. Contractor shall promptly pay all contributions or amounts due the Industrial Accident Fund from such Contractor or subcontractor incurred in the performance of the Contract and shall be responsible that all sums due the State Unemployment Compensation Fund from Contractor or any subcontractor in connection with the performance of the Contract shall promptly be paid. 4.3. Contractor shall not permit any lien or claim to be filed or prosecuted against the public contracting agency on account of any labor or material furnished and agrees to assume responsibility for satisfaction of any such lien so filed or prosecuted. 4.4. A notice of claim on Contractor's payment bond shall be submitted only in accordance with ORS 279C.600 and ORS 279C.605. 4.5. Contractor and any subcontractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. 4.6. Contractor shall demonstrate to the Public Contracting Agency that an employee drug-testing program is in place within 10 days of receiving a Notice of Award. 4.7. If Contractor fails,neglects, or refuses to make prompt payment of any claim for labor or materials furnished to the Contractor or a subcontractor by any person in connection with the Contract as such claim becomes due, the public contracting agency may pay such claim to the persons furnishing the labor or material and charge the amount of payment against funds due or to become due Contractor by reason of the Contract. The payment of a claim in the manner authorized hereby shall not relieve the Contractor or his or her surety from his or her or its obligation with respect to any unpaid claim. If the public contracting agency is unable to determine the validity of any claim for labor or material furnished, the public contracting agency may withhold from any current payment due Contractor an amount equal to said claim until its validity is determined and the claim, if valid, is paid. 4.8. 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 contract for a public improvement within 30 days after receipt of payment from the public contracting agency or 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 Contractor or first-tier subcontractor on the amount due shall equal three times the discount rate on 90-day 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 public contracting agency or from the Contractor, but the rate of interest shall not exceed 30 percent. The amount of interest may not be waived. PW\DEN003\D3527000 AGREEMENT FEBRUARY 2022 00 52 13 - 3 ©COPYRIGHT 2022 JACOBS Page 3 WASTEWATER TREATMENT PLANT CITY OF ASHLAND OUTFALL RELOCATION 4.9. 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 contract, the person may,file a complaint with the Construction Contractor's Board, unless payment is subject to a good faith dispute as defined in ORS 279C.580. 4.10. Contractor shall promptly,as due, make payment to any person, co-partnership, association, or corporation, furnishing medical, surgical and hospital care or other needed care and attention, incident to sickness or injury,to employees of such Contractor, of all sums which the Contractor agrees to pay for such services and all monies and sums which the Contractor collected or deducted from the wages of employees pursuant to any law,contract or agreement for the purpose of providing or paying for such service. 4.11. Contractor shall employ no person for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency, or where public policy absolutely requires it, and in such cases, except in cases of contracts for personal services designated under ORS 279A.055, Contractor shall pay the employee at least time and one-half pay for all overtime in excess of 8 hours a day or 40 hours in any 1 week when the Work is 5 consecutive days, Monday through Friday; or for all overtime in excess of 10 hours a day or 40 hours in any 1 week when the Work week is 4 consecutive days, Monday through Friday; and for all Work performed on Saturday and on any legal holidays as specified in ORS 279C.540. 4.12. The Contractor must give notice to employees who work on this Contract in writing, either at the time of hire or before commencement of work on the Contract, or by posting a notice in a location frequented by employees, of the number of hours per day and the days per week that the employees may be required to work. 4.13. The provisions of ORS 279C.800 to ORS 279C.870 relating to Oregon's prevailing wage rates and 40 U.S.C. 276a will be complied with. 4.14. Unless exempt under ORS 279C.836(4), (7), (8)or(9), before starting work on this Contract, or any subcontract hereunder, Contractor and all subcontractors must have on file with the Construction Contractors Board a public works bond with a corporate surety authorized to do business in the state of Oregon in the amount of $30,000. 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 ORS 279C.836(2), unless the surety sooner cancels the bond. Contractor further certifies that Contractor will include in every subcontract or provision requiring a subcontractor to have a public works bond filed with the AGREEMENT PW\DEN003\D3527000 00 52 13 -4 FEBRUARY 2022 ©COPYRIGHT 2022 JACOBS Page 4 L • CITY OF ASHLAND WASTEWATER TREATMENT PLANT OUTFALL RELOCATION Construction Contractors Board before starting Work on the Project, unless exempt under ORS 279C.836(4), (7), (8), or(9). 4.14.1. Unless exempt under ORS 279C.836(4), (7), (8), or (9),before permitting a subcontractor to start Work on this public works project,the Contractor shall verify that the subcontractor has filed a public works bond as required under this Section or has elected not to file a public works bond under ORS 279C.836(7). 4.14.2. Unless public contracting agency has been notified of any applicable exemptions under ORS 279C.836(4), (7), (8), or(9),the public works bond requirement above is in addition to any other bond contractors or subcontractors may be required to obtain under this Contract. 4.15. Contractor or Contractor's surety and every subcontractor or subcontractor's surety shall file certified payroll statements with the public contracting agency in writing,pursuant to ORS 279C.845. 4.15.1. If a Contractor is required to file certified statements under ORS 279C.845, the public contracting agency shall retain 25 percent of any amount earned by the Contractor on the public works project until the Contractor has filed with the public agency certified statement as required by ORS 279C.845. The public contracting agency shall pay the Contractor the amount retained within 14 days after.the Contractor files the required certified statements, regardless of whether a subcontractor has failed to file certified statements required by statute. The public contracting agency is not required to verify the truth of the contents of certified statements filed by the Contractor under this Section and ORS 279C.845. 4.15.2. The Contractor shall retain 25 percent of any amount earned by a first-tier subcontractor on this public works contract until the subcontractor has filed with the public agency certified statements as required by ORS 279C.845. The Contractor shall verify that the first-tier subcontractor has filed the certified statements before the Contractor may pay the subcontractor any amount retained. The Contractor shall pay the first-tier subcontractor the amount retained within 14 days after the subcontractor files the certified statements as required by ORS 279C.845. Neither the public agency nor the Contractor is required to verify the truth of the contents of certified statements filed by a first-tier subcontractor. 4.16. All employers, including Contractor,that employ subject workers who work under this Contract shall comply with ORS 656.017 and provide the required Workers' Compensation coverage, unless such employers are exempt under PW\DEN003\D3527000 AGREEMENT FEBRUARY 2022 00 52 13 - 5 ©COPYRIGHT 2022 JACOBS Page 5 WASTEWATER TREATMENT PLANT CITY OF ASHLAND OUTFALL RELOCATION ORS 656.126. Contractor shall ensure that each of its subcontractors complies with these requirements. 4.17. All sums due the State Unemployment Compensation Fund from the Contractor or any subcontractor in connection with the performance of the Contract shall be promptly so paid. 4.18. The Contract may be canceled at the election of public contracting agency for any willful failure on the part of Contractor to faithfully perform the Contract according to its terms. 4.19... Contract Fee: The Owner is required to pay a fee to the Bureau of Labor and Industries pursuant to the provisions of ORS 279C.825(1). The fee is one-tenth of 1 percent of the price of this Contract,but not less than$250 nor more than $7,500, regardless of the Contract price.The fee shall be paid at the time Owner enters into this Contract. The fee is payable to the Commissioner of the Bureau of Labor and Industries and shall be mailed or otherwise delivered to the Bureau at the following address: 4.19.1. Bureau of Labor and Industries Wage and Hour Division Prevailing Wage Unit 800 NE Oregon Street,#32 Portland, OR 97232 4.20. Contractor certifies that it has not discriminated against minorities,women or emerging small business enterprises in obtaining any required subcontractors. 4.21. Contractor certifies its compliance with the Oregon tax laws, in accordance with ORS 305.385. 4.22. In the performance of this Contract, the Contractor shall use,to the maximum extent economically feasible, recycled paper, materials, and supplies. 4.23. Contractor certifies that all subcontractors performing construction work under this Contract will be registered with the Construction Contractors Board or licensed by the state Landscaper Contractors Board in accordance with ORS 701.035 to 701.056 before the subcontractors commence work under this Contract. AGREEMENT PW\DEN003\D3527000 00 52 13 -6 FEBRUARY 2022 ©COPYRIGHT 2022 JACOBS Page 6 CITY OF ASHLAND WASTEWATER TREATMENT PLANT OUTFALL RELOCATION 4.24. In compliance with the provisions of ORS 279C.525,the following is a list of federal, state and local agencies, of which the Owner has knowledge,that 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: 4.24.1. FEDERAL AGENCIES 4.24.1.1. Agriculture,Department of. 4.24.1.2. Forest Service. 4.24.1.3. Soil Conservation Service. 4.24.1.4. Defense, Department of. 4.24.1.5. Army Corps of Engineers. 4.24.1.6. Environmental Protection Agency. 4.24.1.7. Interior,Department of. 4.24.1.8. Bureau of Sport Fisheries and Wildlife. 4.24.1.9. Bureau of Outdoor Recreation. 4.24.1.10. Bureau of Land Management. 4.24.1.11. Bureau of Indian Affairs. 4.24.1.12. Bureau of Reclamation. 4.24.1.13. Labor, Department of. 4.24.1.14. Occupational Safety and Health Administration. 4.24.1.15. Transportation, Department of. 4.24.1.16. Coast Guard. 4.24.1.17. Federal Highway Administration. PW\DEN003\D3527000 AGREEMENT FEBRUARY 2022 00 52 13 - 7 ©COPYRIGHT 2022 JACOBS Page 7 c •WASTEWATER TREATMENT PLANT CITY OF ASHLAND OUTFALL RELOCATION 4.24.2. STATE AGENCIES 4.24.2.1. Agriculture,Department of. 4.24.2.2. Environmental Quality, Department of. 4.24.2.3. Fish and Wildlife, Department of. 4.24.2.4. Forestry, Department of. 4.24.2.5. Geology and Mineral Industries,Department of. 4.24.2.6. Human Resources, Department of. 4.24.2.7. Land Conservation and Development Commission. 4.24.2.8. Soil and Water Conservation Commission. 4.24.2.9. State Engineer. 4.24.2.10. State Land Board. 4.24.2.11. Water Resources Board. 4.24.3. LOCAL AGENCIES 4.24.3.1. City Council. - 4.24.3.2. County Court. 4.24.3.3. County Commissioners,Board of. 4.24.3.4. Port Districts. 4.24.3.5. Metropolitan Service Districts. 4.24.3.6. County Service Districts. 4.24.3.7. Sanitary Districts. 4.24.3.8. Water Districts. 4.24.3.9. Fire Protection Districts. AGREEMENT PW\DEN003\D3527000 00 52 13 - 8 FEBRUARY 2022 ©COPYRIGHT 2022 JACOBS Page 8 CITY OF ASHLAND WASTEWATER TREATMENT PLANT OUTFALL RELOCATION 5. CONTRACT PRICE 5.1. For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit 6. PAYMENT PROCEDURES 6.1. Submittal and Processing of Payments: Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.2. Progress Payments and Retainage: Owner will make progress payments on account of the Contract Price on the basis of Contractor's Application for Payment on the date of each month as established in the preconstruction conference during performance of the Work as provided herein. All such payments will be measured by the Schedule of Values established as provided in Paragraph 2.05 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided in the General Requirements. 6.2.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 15.01 of the General Conditions: 6.2.1.1. Ninety-five percent(95%) of Work completed (with the balance being retainage); and 6.2.1.2. Ninety-five percent(95%) of cost of materials and equipment not incorporated in the Work but delivered and suitably stored at the site, or at some other location agreed upon in writing, (with the balance being retainage). 6.2.2. In lieu of retainage, and at the Contractor's option,provisions may be made as provided in ORS 279C.560 for either depositing with Owner or in a bank or trust company, bonds or securities for all or any portion of the retainage in a form acceptable to Owner. Interest on such bonds or securities shall accrue to Contractor. Costs incurred by Owner as a result of this option will be deducted from Contractor's final payment. 6.2.3. Upon Substantial Completion, Owner will pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts as Engineer will determine in accordance with Paragraph 15.01.C.6 of the General Conditions and less 100 percent of PW\DEN003\D3527000 AGREEMENT FEBRUARY 2022 00 52 13 - 9 ©COPYRIGHT 2022 JACOBS Page 9 WASTEWATER TREATMENT PLANT CITY OF ASHLAND OUTFALL RELOCATION Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.3. Final Payment: 6.3.1. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner will pay the remainder of the Contract Price as recommended by Engineer as provided in Paragraph 15.06. 7. INTEREST 7.1. Monies not paid when due as provided in Article 15 of the General Conditions shall bear interest as required by ORS 279C.570(2)(3). 8. CONTRACTOR'S REPRESENTATIONS 8.1. In order to induce Owner to enter into this Agreement, Contractor makes the following representations: 8.1.1. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 8.1.2. Contractor has visited the Site 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. 8.1.3. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost,progress, and performance of the Work. 8.1.4. Contractor has carefully studied: (1)reports of explorations and tests of subsurface conditions at or contiguous to the Site and drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) if any,which have been identified in Paragraph 5.03 of the Supplementary Conditions as containing reliable "technical data, at the Site which have been identified in Paragraph 5.06 of the Supplementary Conditions as containing reliable"technical data." 8.1.5. Contractor has considered the information known to Contractor; 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 Site-related reports and drawings identified in the Contract Documents,with respect to the effect of such information, AGREEMENT PW\DEN003\D3527000 00 52 13 - 10 FEBRUARY 2022 ©COPYRIGHT 2022 JACOBS Page 10 ` A CITY OF ASHLAND WASTEWATER TREATMENT PLANT OUTFALL RELOCATION 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, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and 3) Contractor's safety precautions and programs. 8.1.6. Based on the information and observations referred to above, Contractor does not consider that any 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 Documents. 8.1.7. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 8.1.8. Contractor has given Engineer written notice of conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 8.1.9. The Contract Documents are generally sufficient to indicate and convey understanding of terms and conditions for performance and furnishing of the Work. 9. CONTRACT DOCUMENTS 9.1. Contents: 9.1.1. The Contract Documents that are attached to this Agreement(except as expressly noted otherwise) consist of the following: 9.1.1.1. This Agreement(pages 1 to 14 , inclusive). 9.1.1.2. Performance bond(pages 15 to 18 , inclusive). 9.1.1.3. Payment bond (pages 19 to 22 , inclusive). 9.1.1.4. General Conditions (pages 23 to 80 , inclusive). 9.1.1.5. Supplementary Conditions(pages 81 to 96 , inclusive). 9.1.1.6. Specifications as listed in the table of contents of the Project Manual. PW\DEN003\D3527000 AGREEMENT FEBRUARY 2022 00 52 13 - 11 ©COPYRIGHT 2022 JACOBS Page 11 WASTEWATER TREATMENT PLANT CITY OF ASHLAND OUTFALL RELOCATION 9.1.1.7. Drawings consisting of 51 sheets with each sheet bearing the , following general title: Ashland WWTP Outfall Relocation. 9.1.1.8. Addenda(numbers 1 to 1 , inclusive). 9.1.1.9. Volume 2:Permits and Approvals. 9.1.1.10. Volume 5: Clean Water State Revolving Fund Forms and Provisions. 9.1.2. Exhibits to this Agreement(enumerated as follows): 9.1.2.1. Contractor's Bid (pages 97 to 107, inclusive). 9.1.3. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: 9.1.3.1. Notice to Proceed(pages to , inclusive). 9.1.3.2. Work Change Directives. 9.1.3.3. Change Order(s). 9.2. There are no Contract Documents other than those listed above in this Article. 9.3. The Contract Documents may only be amended,modified, or supplemented as provided in Paragraph 11.01 of the General Conditions. • 10. MISCELLANEOUS 10.1. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.2. Successors and Assigns: Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.3. Severability: Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. AGREEMENT PW\DEN003\D3527000 00 52 13 - 12 FEBRUARY 2022 ©COPYRIGHT 2022 JACOBS Page 12 CITY OF ASHLAND WASTEWATER TREATMENT PLANT OUTFALL RELOCATION 10.4. Assignment of Contract: 10.4.1. No assignment by a party hereto of any rights under or interests in the Contract shall be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, monies that may become due and monies that are due may not be assigned without such consent(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment shall release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.5. Contractor's Certifications: 10.5.1. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this paragraph: • 10.5.1.1. "corrupt practice"means the offering, giving,receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in Contract execution; 10.5.1.2. "fraudulent practice"means an intentional misrepresentation of facts made (a)to influence the bidding process or the execution of the Contract to the detriment of Owner, (b)to establish Bid or Contract Price at artificial noncompetitive levels, or(c) to deprive Owner of the benefits of free and open competition; 10.5.1.3. "collusive practice"means a scheme or arrangement between two or more Bidders,with or without the knowledge of • Owner, a purpose of which is to establish Bid prices at artificial, noncompetitive levels;and 10.5.1.4. "coercive practice"means harming or threatening to harm, directly or indirectly,persons or their property to influence their participation in the bidding process or affect the execution of the • Contract. 10.6. Other Provisions: 10.6.1. Federally Funded Project: Oregon Revised Statute 279A.030 states that if federal rules or regulations conflict with certain ORS provisions, the applicable federal laws,rules, and regulations shall govern. PW\DEN003\D3527000 AGREEMENT FEBRUARY 2022 00 52 13 - 13 ©COPYRIGHT 2022 JACOBS Page 13 WASTEWATER TREATMENT PLANT CITY OF ASHLAND OUTFALL RELOCATION IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in triplicate. One counterpart each has been delivered to Owner, Contractor, and Engineer. All portions of the Contract Documents have been signed or identified by Owner and Contractor or on their behalf. // This Agreement will be effective on 6// , 20�. which is the Effective Date of the Agreement). ////// OWNER: CONTRACTOR: f.:60 E AL! ( ) I C o C 10ti' By: �.io5r'S L • L P ss(\s--4, By: O PP ,gyp LLL`I Title: CIy _I ekikaser Title:' �7i_tom Attest: CORPORATE SEAL] Title: Attest: Ir Address for giving notices: Title: t EST . Address for giving notices: 351,7 F-AKrs.Mikod oJL (If Owner is a corporation, attach evidence of authority to sign. If Owner is a public - '` `� �" t`rr �� body, attach evidence of authority to sign S� (239and resolution or other documents License No. authorizing execution of this Agreement.) (Where applicable) Agent for service or process: �� O 3 (Ff�ontracts a corporation, oe0 artnership;`.or oylt>venttire,raclu V.exi dem of utho0 to7§ END OF SECTION A- 0' 0 D ,S TO FORM 4 AA Signature IN Date AGREEMENT PW\DEN003\D3527000 00 52 13 - 14 FEBRUARY 2022 ©COPYRIGHT 2022 JACOBS Page 14 04/12/2017 15:52 5417798742 FOWLER MCNAIR PAGE 02/03 Articles of Amendment-Business/Professional Corporation '--N, •;,;1r: • .• 1(, aecatery of State-Corporation OMsion•291i Capitol 6G NE,8ulte 151-Salem,OR 97810.1327.httpJllw r.v.F�omnyinorepon.com-Phone: (503)680.2200 V....---- .--.1.': . �i���_.... ,• FILED .....I",,,_..,l",+;�Ir�ri i. APR 18 2097 . i,,. . ....- •- -- 170799-97 �:,;:.,;;: - REGISTRY NUMBER: :•..: • In accordance with Oregon Revised Statute 102.410-162.480,the infatn ellon on this application Is public record. • OREGON SECRETARY OF STATE We must release this Information to sit parlay upon request and It will be pestod on au:r ebake For office uae only Please Type or Print Legibly in Black ink.Attach Additional Sheet if Necessary. 1. EN ITYNAME: PILOT ROCK EXCAVATION, INC. 2..THE FOLLOWING AMENOMENT(S)TO THE ARTICLES OF INCORPORATION IS MADE HEREBY: State the article I umbor(s)and sot forth the ardcie(s),as It Ls emended to resd.(Attach a separate sheet if necessary,) ARTICLE 2: The number of shares of common stock the core oration _s :ut • Z . _, -. --_ ' - • 011 . :0l° I 1 - - 1 I . ADD ARTICLE 7i The corporation elects to indemnify its directors, officers, employees and�a eats for liabiliy and related expenses under ORS 60.387-60.414. ADOPTED 04-12-2017 I • . 1 3.THE AMENDMENT WAS ADOPTED ON: S B L S a bane - . (If more than one amendment was adopted,Identify the date of adoption of each amendment. • • 4, PLEASE CHECK THE APPROPRIATE STATEMENT: X' Shareholder action was required to adopt the amendment(s). • The vote was as follows: Gass or series of shares Number of shares Number of votes entitled Number of votes cast Number of votes cast outstanding to be cast — FOR i AGAINST , _ COMMON 2,000 2,000 2,000 1 -0- • C'Shareholder action was not required to adopt the amendment(s).The amendment(s)was adopted by the board of directors without shareholder action. • C The corporation has not Issued any shares of stock.Shareholder action was not required to adopt the Gin, endment(s). • The amendment(s)was adopted by the Incorporators or by the board of directors. 5.rybelef,true,correct,and complete.Making false statements InIner that this tithre.dotument is gainst the law and may penalized by firths,Imprisonment CtN. By my signature,I declare as an`authorlied sI tin has been examined by me and Is,to the be of myknowledge and ' ar both. Signa rec Printed Name: • Title: . Alyson L. Fowler President i • • CONTACT NAME(To re aIvn aveadeM with this Ming) ; FEE PILOT ROCK EXCAVATION,' INC. William E. Fowler •- Race /Th PHONE NUMBER:(Include area code) I Pfotc I Mil 1 1111 11111 1111111111 1111 . 541=7791F075 , km' 17079997-17883275 AMDART Articles of Amendment-9uslness/Professtonal Corporation (05/14) Received Time Apr. 12. 2017 3:47PM No. 7668 1 . 1 AMENDED BY-LAWS OF PILOT ROCK EXCAVATION. INC. Adopted by the Board of Directors and the Shareholders on the 8th day of September, 2016. These Amended By-laws supersede the Bylaws of Pilot Rock Excavation, Inc., that were adopted September 10, 2003, and shall be the By-laws of Pilot Rock Excavation, Inc., until duly Amended or Restated. ARTICLE I. SHAREHOLDERS Section 1: All meetings of the Shareholders of this corporation shall be held at the principal office of the corporation at Medford, Jackson County, Oregon, or such other place as may be designated by the President. Section 2: The annual meeting of the Shareholders of this corporation shall be held on the second Thursday of September of each year hereafter, at which meeting Directors of said corporation shall be elected for the ensuing year and until their successors are elected and qualified. A notice of such meeting, either written or printed, or partly written and partly printed, shall be mailed not more than sixty (60) days and not less than ten (10) days before such meeting to each stockholder to his or her mailing address appearing upon the records of the corporation, in addition to any notice which may be required by law to be given or published. Section 3: If, for any reason, the annual meeting of the Shareholders shall not Amended By-Laws - Page 1 of 8 • be held as hereinabove provided, such annual meetings shall be called by the President as soon thereafter as is practicable. Section 4: Special meetings of the Shareholders of this corporation may be called at any time by the President. It shall be the duty of the President to call a meeting of the Shareholders whenever requested in writing to do so by two other Shareholders of capital stock subscribed or issued. Notices of such special meeting shall be given by mailing notice thereof to each Shareholder to his or her mailing address appearing upon the records of the corporation not more than sixty (60) days and not less than ten (10) days before such meeting. Such notice, in addition to stating the time at which such meeting shall be held, shall briefly state the objectives of such meeting. Section 5: No meeting of the Shareholders shall be called or held except as authorized by the By-Laws of this corporation or the laws of the State of Oregon. Section 6: At such Shareholders' meeting, Shareholders owning more than fifty (50%) percent of the capital stock of the corporation subscribed or issued and present in person or by proxy shall be necessary to constitute a quorum. If less than a quorum shall be in attendance at the time for which a meeting shall have been called, the meeting may be adjourned by a majority of the Shareholders present or represented by proxy without notice other than by announcement at the meeting. VOTING Section 7: At all meetings of the Shareholders the right of any Shareholder to vote shall be governed and determined by the transfer books of the corporation. Only Amended By-Laws - Page 2 of 8 , such persons shall be entitled to vote who appear as Shareholders upon the transfer records of the corporation as of the date on which notices of the meetings are mailed as hereinabove required. Section 8: No share of stock which has been transferred upon the records of the corporation after the date on which meeting notices are mailed as hereinabove required shall be entitled to vote at said meeting. Section 9: At all meetings of the Shareholders, all questions except the question of election of Directors, and all such other questions, the decision of which is specifically regulated by statute, shall be determined by a majority vote of those shares represented at such meeting in person by the Shareholder or by proxy. Section 10: All meetings of Shareholders shall be presided over by the President of the corporation. At all meetings of the Directors and at all meetings of the Shareholders, the President may vote. In the absence of the President the Vice- President shall preside and shall have all of the powers herein conferred upon the President when acting as presiding officer of any meeting. ORDER OF BUSINESS Section 11: At all meetings of the Shareholders, the President shall observe that order of business which is consistent with the purpose of the meeting. Such order shall include, but not be limited to, the reading of the Minutes of the preceding meeting, reports of the officers and committees, unfinished business, new business and adjournment. Amended By-Laws - Page 3 of 8 ARTICLE II. DIRECTORS/OFFICERS Section 1: The affairs of this corporation shall be managed by one (1) Director or more, not to exceed three (3), as the Shareholders shall determine, who shall be chosen at the annual meeting of the Shareholders, except as these By-Laws otherwise provide. Section 2: If a vacancy occurs, the President may call a special meeting and the new Director shall be elected at such special meeting in the manner provided for the election of Directors at a regular meeting. Section 3: Any Director may resign the office at any time and it shall take effect from the time of its delivery to the President or to the corporate Secretary. All such resignations shall be made in writing. Section 4: Two (2) members of the Board of Directors present in person shall constitute a quorum, in the event the Board is comprised of only one member, otherwise, a majority of Board Members is required to constitute a quorum. Section 5: Any action of the Directors, although not at a regularly called meeting, the record thereof having been approved in writing by the Director necessary to satisfy quorum requirements, shall always be as valid and binding and effective in all respects as if passed by the Board in a regular assembled meeting. Section 6: The Board of Directors may adopt such rules and regulations for the conduct of their meetings and the management of the affairs of this corporation as Amended By-Laws - Page 4 of 8 they may deem proper and which are not inconsistent with the laws of the State of Oregon or these By-Laws. Section 7: The Directors may hold their meetings at such time and times and place and places either within or without the State as they may determine. Notice of meetings of the Board shall be given by mailing to the mailing address of each Director, as that address appears on the records of the corporation, a notice thereof not less than three (3) days before the meeting. If attended by not less than the majority of Members, or if not less than a majority of members consents thereto, either orally or in writing, whereof a record shall be made, any action taken at any meeting shall be as valid and effective as if due notice of the meeting had been given. Section 8: Any Director who may be guilty of fraud, crime, or conduct prejudicial to the interest of this corporation, may be removed as a Director by an affirmative vote of a majority of Shareholders. In the event of removal, the remaining Directors, if any, shall immediately declare the office of such Director vacant and the vacancy so created shall be filled in the same manner as any other vacancy may be filled. OFFICERS Section 9: The Directors shall appoint a President, Vice-President, Secretary, and Treasurer, and may appoint such other officers and agents as they deem necessary, who shall hold their offices at the pleasure of the Board. Amended By-Laws - Page 5 of 8 Section 10: The salary of all officers shall be fixed by a vote of the Board of Directors and may be changed from time to time as the Board of Directors may determine. Section 11: None of the offices or positions of this corporation shall be considered as being incompatible, and one person may hold and discharge the duties of two or more offices and positions. ARTICLE III. POWERS OF OFFICERS Section 1: President- The President shall have the power to employ and discharge all clerks, employees and agents, and to fix their salaries; subject, however, to the right of the Board of Directors to direct the employment of any agent, clerk or other employee, or the dismissal of any agent, clerk or employee, and to fix their salaries. The President shall preside over meetings of Shareholders and Directors and perform such other duties as the President may be directed to perform by the Board of Directors and shall have a general oversight over the business and affairs of the corporation. Section 2: Secretarv/Treasurer-The Secretary/Treasurer shall record 'all votes of the corporation and of the Directors in books to be provided for that purpose. The Secretary/Treasurer shall record all transfers of stock and cancel and preserve all certificates of stock transferred; and shall also keep a record of all persons who are Shareholders of this corporation showing their places of residence, their mailing addresses, the number of shares of stock held by them and the time when they became Amended By-Laws - Page 6 of 8 • owners of such stock. The Secretary/Treasurer shall also be the transfer agent of the corporation for the transfer of all certificates of stock. The Secretary/Treasurer shall make and file with the proper offices of the State all reports which may be required to be filed by the laws of the State of Oregon. Such reports shall first, however, be submitted to and approved by the Board of Directors. The Secretary/Treasurer shall deposit the money and securities belonging to the corporation in such banks as the Board of Directors may direct, and all orders for the payment of money or the delivery of securities belonging to this corporation shall be signed by the President or the Secretary/Treasurer. No payment for a sum greater than Five Hundred and no/100ths ($500.00) Dollars shall be made except by check. The Secretary/Treasurer shall keep such books of account as the Board of Directors may direct. A report of the financial condition of the corporation shall be made by the Secretary/Treasurer to the annual meeting of the Shareholders. The Secretary/ Treasurer shall perform such other duties as the Board of Directors may require. ARTICLE IV. STOCK Section 1: All certificates of stock shall be signed by the President and by the Secretary. Section 2: The shares of stock authorized by the Articles of Incorporation of this corporation may be subject to certain restrictions to transfer and certificates representing such stock may be transferred, sold, assigned or pledged by a Shareholder only in accordance with the restrictions imposed upon such stock by Amended By-Laws - Page 7 of 8 , ,---- agreement between the Shareholders and the corporation. Such shares may be transferred by the corporation's transfer agent in the corporation's stock book only after surrender of the certificate of stock subject to such transfer for cancellation and delivery of proof by Affidavit of the transferor and the remaining Shareholder that such transfer is not in violation of such restrictions. Until such transfer of stock is made and the issuance of a new certificate in lieu of that surrendered has occurred, the corporation may regard and treat the transferor as being still the owner of that stock. Section 3: Duplicate certificates of stock may be issued for such as may have been lost or destroyed, under such regulations as the Board of Directors may prescribe. ARTICLE V. Section 1: The books and records of the corporation shall be kept at the principal office and place of business of the corporation, except such books and records as the Board of Directors may authorize, by resolution, to be kept at some other place. Section 2: These Amended By-Laws may be amended at any Board of Directors' meeting which is duly called and at which meeting a quorum is present. The foregoing Amended By-Laws were adopted by action of the Directors and Shareholders on the date first hereinabove mentioned. ATTEST: / PIZ ;r1P11----- (9 $ i- Je9e Fowler, Shareholder and Director d4 ,./144. / Alyson 0Fowler, Shareholder and Director Amended By-Laws - Page 8 of 8 A CITY OF ASHLAND WASTEWATER TREATMENT PLANT OUTFALL RELOCATION PERFORMANCE BOND FORM Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR SURETY (Name and Address): (Name and Address of Principal Place of Business): Pilot Rock Excavation, Inc. Hudson Insurance Company 356 Bateman Drive 100 William Street Fifth Floor Central Point, OR 97503 New York, NY 10038 OWNER(Name and Address): City of Ashland 51 Winburn Way Ashland, OR 97520 CONTRACT Date: May 24, 2022 Amount:$2,555,186.00 Description(Name and Location): Project No. 2013-21: Wastewater Treatment Plant Outfall Relocation BOND Bond Number:HA10104199 Date(Not earlier than Contract Date): May 25, 2022 Amount: $2,555,186.00 Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby,subject to the terms printed on the reverse side hereof,do each cause this Performance Bond to be duly executed on its behalf by its authorized officer,agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Company: Pilot ock Excavation, Inc. Signature: A.//t ,u (Seal) Hudson Insurance Company (Seal)- Name and Title A yson Fowler, President Surety's `.me and Corporate Seal SLY / . ' Sig atu• and Title Kristine Yfes, Attorneyin Fact, (Attach Power of Attorney) (Space is provided below for signatures of additional • parties,if required.) Attest: ti' Signature; 'itle Witness PW\DEN003\D3527000 PERFORMANCE BOND FORM FEBRUARY 2022 00 61 13.13 - 1 ©COPYRIGHT 2022 JACOBS Page 15 WASTEWATER TREATMENT PLANT CITY OF ASHLAND OUTFALL RELOCATION CONTRACTOR AS PRINCIPAL SURETY Company: Signature: (Seal) (Seal) Name and Title Surety's Name and Corporate Seal By: Signature and Title • (Attach Power of Attorney) Attest: Signature and Title • • PERFORMANCE BOND FORM PW\DEN003\D3527000 00 61 13.13 -2 FEBRUARY 2022 ©COPYRIGHT 2022 JACOBS Page 16 CITY OF ASHLAND WASTEWATER TREATMENT PLANT OUTFALL RELOCATION 1. Contractor and Surety,jointly and severally, bind 4.2. Undertake to perform and complete the themselves,their heirs,executors,administrators, Contract itself,through its agents or through successors,and assigns to Owner for the performance independent contractors;or of the Contract,which is incorporated herein by reference. 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a 2. If Contractor performs the Contract,Surety and contract for performance and completion of the Contractor have no obligation under this Bond, Contract, arrange for a contract to be prepared for except to participate in conferences as provided in execution by Owner and Contractor selected with Paragraph 3.1. Owner's concurrence,to be secured with performance and payment bonds executed by a 3. If there is no Owner Default, Surety's obligation qualified surety equivalent to the bonds issued on under this Bond shall arise after: the Contract, and pay to Owner the amount of damages as described in Paragraph 6 in excess of 3.1. Owner has notified Contractor and Surety,at the Balance of the Contract Price incurred by the addresses described in Paragraph 10 below, Owner resulting from Contractor Default;or that Owner is considering declaring a Contractor Default and has requested and attempted to 4.4. Waive its right to perform and complete, arrange a conference with Contractor and Surety arrange for completion,or obtain a new contractor to be held not later than 15 days after receipt of and with reasonable promptness under the such notice to discuss methods of performing the circumstances: Contract. If Owner,Contractor and Surety agree, Contractor shall beallowed a reasonable time to 1. After investigation,determine the amount perform the Contract,but such an agreement shall for which it,may be liable to Owner and, as not waive Owner's right, if any, subsequently to soon as practicable after the amount is declare a Contractor Default;and determined,tender payment therefor to Owner; or 3.2. Owner has declared a Contractor Default and formally terminated Contractor's right to 2. Deny liability in whole or in part and complete the Contract. Such Contractor Default notify Owner citing reasons therefor. shall not be declared earlier than 20 days after Contractor and Surety have received notice as 5. If Surety does not proceed as provided in provided in Paragraph 3.1;and Paragraph 4 with reasonable promptness,Surety shall be deemed to be in default on this Bond 15 days after 3.3. Owner has agreed to pay the Balance of the receipt of an additional written notice from Owner to Contract Price to: Surety demanding that Surety perform its obligations under this Bond,and Owner shall be entitled to 1. Surety in accordance with the terms of the enforce any remedy available to Owner.If Surety Contract; proceeds as provided in Paragraph 4.4,and Owner refuses the payment tendered or Surety has denied 2. Another contractor selected pursuant to liability, in whole or in part,without further notice Paragraph 4.3 to perform the Contract. Owner shall be entitled to enforce any remedy available to Owner. 4. When Owner has satisfied the conditions of Paragraph 3,Surety shall promptly and at Surety's 6. After Owner has terminated Contractor's right to expense take one of the following actions: complete the Contract,and if Surety elects to act under Paragraph 4.1,4.2,or 4.3 above,then the 4.1. Arrange for Contractor,with consent of responsibilities of Surety to Owner shall not be Owner,to perform and complete the Contract;or greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To a limit of the amount of this Bond,but subject to PW\DEN003\D3527000 PERFORMANCE BOND FORM FEBRUARY 2022 -00 61 13.13- 3 ©COPYRIGHT 2022 JACOBS Page 17 WASTEWATER TREATMENT PLANT CITY OF ASHLAND OUTFALL RELOCATION commitment by Owner of the Balance of the Contract 10. Notice to Surety, Owner,or Contractor shall be Price to mitigation of costs and damages on the mailed or delivered to the address shown on the Contract, Surety is obligated without duplication for: signature page. 6.1. The responsibilities of Contractor for 11. When this Bond has been furnished to comply correction of defective Work and completion of with a statutory requirement in the location where the the Contract; Contract was to be performed,any provision in this Bond conflicting with said statutory requirement 6.2. Additional legal,design professional,and shall be deemed deleted herefrom and provisions delay costs resulting from Contractor's Default, conforming to such statutory requirement shall be and resulting from the actions or failure to act of deemed incorporated herein.The intent is that this Surety under Paragraph 4;and Bond shall be construed as a statutory bond and not as a common law bond. 6.3. Liquidated damages,or if no liquidated damages are specified in the Contract, actual 12. Definitions. damages caused by delayed performance or non- performance of Contractor. 12.1.Balance of the Contract Price:The total amount payable by Owner to Contractor under the 7. Surety shall not be liable to Owner or others for Contract after all proper adjustments have been obligations of Contractor that are unrelated to the made, including allowance to Contractor of any Contract,and the Balance of the Contract Price shall amounts received or to be received by Owner in not be reduced or set off on account of any such settlement of insurance or other Claims for unrelated obligations.No right of action shall accrue damages to which Contractor is entitled, reduced on this Bond to any person or entity other than by all valid and proper payments made to or on Owner or its heirs,executors,administrators,or behalf of Contractor under the Contract. successors. 12.2.Contract:The agreement between Owner 8. Surety hereby waives notice of any change, and Contractor identified on the signature page, including changes of time,to Contract or to related including all Contract Documents and changes subcontracts,purchase orders,and other obligations. thereto. 9. Any proceeding, legal or equitable,under this 12.3.Contractor Default: Failure of Contractor, Bond may be instituted in any court of competent which has neither been remedied nor waived,to jurisdiction in the location in which the Work or part perform or otherwise to comply with the temis of of the Work is located and shall be instituted within the Contract. two years after Contractor Default or within two years after Contractor ceased working or within two 12.4.Owner Default: Failure of Owner,which has years after Surety refuses or fails to perform its neither been remedied nor waived,to pay obligations under this Bond,whichever occurs first. Contractor as required by the Contract or to If the provisions of this paragraph are void or perform and complete or comply with the other prohibited by law,the minimum period of limitation terms thereof. available to sureties as a defense in the jurisdiction of the suit shall be applicable. FOR INFORMATION ONLY—Name,Address and Telephone Surety Agency or Broker Owner's Representative(engineer or other party) END OF SECTION PERFORMANCE BOND FORM PW\DEN003\D3527000 00 61 13.13 -4 FEBRUARY 2022 ©COPYRIGHT 2022 JACOBS Page 18 CITY OF ASHLAND WASTEWATER TREATMENT PLANT OUTFALL RELOCATION PAYMENT BOND FORM Any singular reference to Contractor, Surety, Owner,or other party shall be considered plural where applicable. CONTRACTOR SURETY (Name and Address): (Name and Address of Principal Place of Business): Pilot Rock Excavation, Inc. Hudson Insurance Company 356 Bateman Drive 100 William Street Fifth Floor Central Point, OR 97503 New York, NY 10038 OWNER(Name and Address): City of Ashland 51 Winburn Way Ashland, OR 97520 CONTRACT Date: May 24, 2022 Amount:$2,555,186.00 Description(Name and Location): Project No. 2013-21: Wastewater Treatment Plant Outfall Relocation BOND Bond Number: HA10104199 Date(Not earlier than Contract Date): May 25, 2022 Amount: $2,555,186.00 Modifications to this Bond Form: None Surety and Contractor,intending to be legally bound hereby,subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer,agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Company: Pilot Rock Excavation, Inc. Signature: �� (Seal) Hudson Insurance Company (Seal) Name and TitleA yson Fowler, President Surety's o ame and Corporate Seal Aar���"•, ' �1.4. 4/11. I / � ` I ) . - Sign. u e and Title Kristine,ates, Attorney in Fact (Attach Power of Attorney) (Space is provided below for signatures of additional parties, if required.) Attest: i L Signatur: :n'° itle Witness PW\DEN003\D3527000 PAYMENT BOND FORM FEBRUARY 2022 00 61 13.16 - 1 ©COPYRIGHT 2022 JACOBS Page 19 WASTEWATER TREATMENT PLANT CITY OF ASHLAND OUTFALL RELOCATION CONTRACTOR AS PRINCIPAL -SURETY Company: Signature: (Seal) (Seal) Name and Title Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title PAYMENT BOND FORM PW\DEN003\D3527000 00 61 13.16 - 2 FEBRUARY 2022 ©COPYRIGHT 2022 JACOBS Page 20 CITY OF ASHLAND WASTEWATER TREATMENT PLANT OUTFALL RELOCATION 1. Contractor and Surety,jointly and severally, bind supplied, or for whom the labor was done or themselves,their heirs,executors,administrators, performed;and successors,and assigns to Owner to pay for labor, materials,and equipment furnished by Claimants for 2. Have either received a rejection in use in the performance of the Contract, which is whole or in part from Contractor, or not incorporated herein by reference. received within 30 days of furnishing the above notice any communication from 2. With respect to Owner,this obligation shall be Contractor by which Contractor had indicated null and void if Contractor: the claim will be paid directly or indirectly; and 2.1. Promptly makes payment,directly or indirectly,for all sums due Claimants,and 3. Not having been paid within the above 30 days,have sent a written notice to Surety 2.2. Defends, indemnifies,and holds harmless and sent a copy, or notice thereof,to Owner, Owner from all claims, demands, liens,or suits stating that a claim is being made under this alleging non-payment by Contractor by any Bond and enclosing a copy of the previous person or entity who furnished labor,materials, or written notice furnished to Contractor. equipment for use in the performance of the Contract,provided Owner has promptly notified 5. If a notice by a Claimant required by Paragraph 4 Contractor and Surety(at the addresses described is provided by Owner to Contractor or to Surety,that in Paragraph 12)of any claims,demands, liens, or is sufficient compliance. suits and tendered defense of such claims, demands,liens,or suits to Contractor and Surety, 6. Reserved. and provided there is no Owner Default. 7. Surety's total obligation shall not exceed the 3. With respect to Claimants,this obligation shall amount of this Bond,and the amount of this Bond be null and void if Contractor promptly makes shall be credited for any payments made in good faith payment,directly or indirectly,for all sums due. by Surety. 4. Surety shall have no obligation to Claimants 8. Amounts owed by Owner to Contractor under under this Bond until: the Contract shall be used for the performance of the Contract and to satisfy claims,if any, under any 4.1. Claimants who are employed by or have a performance bond.By Contractor furnishing and direct contract with Contractor have given notice Owner accepting this Bond,they agree that all funds to Surety(at the addresses described in earned by Contractor in the performance of the Paragraph 12)and sent a copy,or notice thereof, Contract are dedicated to satisfy obligations of to Owner,stating that a claim is being made under Contractor and Surety under this Bond,subject to this Bond and,with substantial accuracy,the Owner's priority to use the funds for the completion amount of the claim. of the Work. 4.2. Claimants who do not have a direct contract 9. Surety shall not be liable to Owner,Claimants, with Contractor: or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable 1. Have furnished written notice to for payment of any costs or expenses of any Claimant Contractor and sent a copy,or notice thereof, under this Bond,and shall have under this Bond no to Owner,within 90 days after having last obligations to make payments to,give notices on performed labor or last furnished materials or behalf of,or otherwise have obligations to Claimants equipment included in the claim stating,with under this Bond. substantial accuracy,the amount of the claim and the name of the party to whom the 10. Surety hereby waives notice of any change, materials or equipment were furnished or including changes of time,to the Contract or to PW\DEN003\D3527000 PAYMENT BOND FORM FEBRUARY 2022 00 61 13.16 - 3 ©COPYRIGHT 2022 JACOBS Page 21 WASTEWATER TREATMENT PLANT CITY OF ASHLAND OUTFALL RELOCATION related Subcontracts, purchase orders and other 14. Upon request of any person or entity appearing obligations. to be a potential beneficiary of this Bond,Contractor shall promptly furnish a copy of this Bond or shall 11. No suit or action shall be commenced by a permit a copy to be made. Claimant under this Bond other than in a court of competent jurisdiction in the location in which the 15. Definitions: Work or part of the Work is located or after the expiration of one year from the date(1)on which the 15.1.Claimant: An individual or entity having a Claimant gave the notice required by Paragraph 4.1 direct contract with Contractor,or with a first-tier or Paragraph 4.2.3,or(2)on which the last labor or subcontractor of Contractor,to furnish labor, service was performed by anyone or the last materials materials, or equipment for use in the or equipment were furnished by anyone under the performance of the Contract.The intent of this Construction Contract,whichever of(1)or(2)first Bond shall be to include without limitation in the occurs. If the provisions of this paragraph are void or terms"labor,materials or equipment"that part of prohibited by law,the minimum period of limitation water,gas, power, light, heat, oil,gasoline, available to sureties as a defense in the jurisdiction of telephone service,or rental equipment used in the the suit shall be applicable. Contract, architectural and engineering services required for performance of the Work of 12. Notice to'Surety, Owner,or Contractor shall be Contractor and Contractor's Subcontractors,and mailed or delivered to the addresses shown on the all other items for which a mechanic's lien may be signature page. Actual receipt of notice by Surety, asserted in the jurisdiction where the labor, Owner,or Contractor,however accomplished,shall materials,or equipment were furnished. be sufficient compliance as of the date received at the address shown on the signature page. 15.2.Contract:The agreement between Owner and Contractor identified on the signature page, 13. When this Bond has been furnished to comply including all Contract Documents and changes with a statutory requirement in the location where the thereto. Contract was to be performed,any provision in this Bond conflicting with said statutory requirement 15.3.Owner Default:Failure of Owner,which has shall be deemed deleted herefrom and provisions neither been remedied nor waived,to pay conforming to such statutory requirement shall be ' Contractor as required by the Contract or to deemed incorporated herein.The intent is that this perform and complete or comply with the other Bond shall be construed as a statutory Bond and not terms thereof as a common law bond. FOR INFORMATION ONLY—Name,Address and Telephone Surety Agency or Broker: Owner's Representative(engineer or other party): END OF SECTION PAYMENT BOND FORM PW\DEN003\D3527000 00 61 13.16 -4 FEBRUARY 2022 ©COPYRIGHT 2022 JACOBS Page 22 U DSON Bond Number: HA 10104199 INSURANCE GROUP'") • POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That HUDSON INSURANCE COMPANY, a corporation of the State of Delaware, with offices at 100 William Street, New York, New York, 10038, has made, constituted and appointed, and by these presents, does make, constitute and appoint • Kristine Yates Of the State of OR its true and lawful Attorney(s)-in-Fact,at New York,New York,each of them alone to have full power to act without the other or others,to make, execute and deliver on its behalf, as Surety, bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking shall obligate said Company for any portion of the penal sum thereof in excess of the sum of Two Million Five Hundred and Fifty-Five Thousand One Hundred and Eighty-Six Dollars and Zero Cents Such bonds and undertakings when duly executed by said Attorney(s)-in-Fact,shall be binding upon said Company as fully and to the same extent as if signed by the President of said Company under its corporate seal attested by its Secretary. In Witness Whereof, HUDSON INSURANCE COMPANY has caused these presents to be of its Senior Vice President thereunto duly authorized,on this 23rd day of August,2021 at New York,New York. ` '39uY of SkAe ;ea HUDSON INSURANCE COMPANY G1/�l (6005.L___cc. E Attest............................. ........ By............................`......................... ... ........ Dina Daskalakis Michael P.Cifone Corporate Secretary Senior Vice President STATE OF NEW YORK COUNTY OF NEW YORK. SS. On the 23rd day of August, 2021 before me personally came Michael P.Cifone to me known, who being by me duly sworn did depose and say that he is a Senior Vice President of HUDSON INSURANCE COMPANY,the corporation described herein and which executed the above instrument,that he knows the seal of said Corporation,that the seal affixed to said instrument is such corporate seal,that it was so affixed by order of the Board of Directors of said Corporation,and that he signed his name thereto by like order. f19411711111I11jI \\t:P, i G° C'a4114_i. n .......................................................... ........ (Notarial Seal) "Cr '�v-v e CAMERON GOURLAY J ‘AO TA J.:4_` Notary Public,State of New York = No.01006372305 Qualified in New York County '. -/B1—\G '� if Commission Expires June 4,2022 -,sT' ' 4 �'�e CERTIFICATION STATE OF NEW YORK -''., �FOF NNI`l�,p`‘ • COUNTY OF NEW YORK '""5511''''''`''' The undersigned Dina Daskalakis hereby certifies: That the original resolution,of which the following is a true and correct copy,was duly adopted by unanimous written consent of the Board of Directors of Hudson Insurance Company dated July 271,2007,and has not since been revoked,amended or modified: "RESOLVED,that the President,the Executive Vice Presidents,the Senior Vice Presidents and the Vice Presidents shall have the authority and discretion, to appoint such agent or agents, or attorney or attorneys-in-fact, for the purpose of carrying on this Company's surety business, and to empower such agent or agents,or attorney or attomeys-in-fact,to execute and deliver,under this Company's seal or otherwise,bonds obligations,and recognizances, whether made by this Company as surety thereon or otherwise, indemnity contracts, contracts and certificates, and any and all other contracts and undertakings made in the course of this Company's surety business,and renewals,extensions,agreements,waivers,consents or stipulations regarding undertakings so made;and FURTHER RESOVLED,that the signature of any such Officer of the Company and the Company's seal may be affixed by facsimile to any power of attomey or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or other written obligation in the nature thereof or related thereto,such signature and seal when so used whether heretofore or hereafter,being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed." THAT the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked,and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney is now in force. Witness the hand of the undersigned and the seal of said Corporation this 25th day of May ,20 22 tee,' ,e ( .034. d) Dina Daskalakis, Corporate Secretary Construction Contactors Board Public Works Bond History for CCB#157139(3 Records) CCB ID# Bond Company Bond Number Bond Amount Effective From Cancellation Date 157139 DEVELOPERS SURETY AND INDEMNITY COMPANY 736813C • 30000 8/10/2006 •11/4/2009 • • 157139 INTERNATIONAL FIDELITY INS CO 0607983 30000 3/18/2015 3/18/2022 157139 INTERSTATE FIRE&CASUALTY HA10103904 30000 2/15/2022 CCB Home I CCB License Search O 2022 Oregon Construction Contractors Board 1 44411 T s • •-e---41 DATE(MMIDDIYYW) �►`�a' CERTIFICATE OF LIABILITY INSURANCE 05/09/2022 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 CONTACT NAME: Michelle Ely Hart Insurance Agency PHONE FAX PO Box 1240 (A/C.No.Esti: (541) 779-4232 (A/C,No):(541) 772-3963 ADDRESS: mely@hartinsurance.cora Grants Pass OR 97528 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:American Hallmark Insurance Co 43494 INSURED (541) 779-4916 INSURERS: Pilot Rock Excavation Inc INSURER C: 356 Bateman INSURERD: Medford OR 97502 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:Cert ID 19841 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP WLIMITS LTR INSD VD POLICY NUMBER (MMIDDIYYYY) IMM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 AMAGE TO RENTED CLAIMS-MADE X OCCUR Y 44CL494969 07/20/2021 07/20/2022 PREMSES(Ea occurrence) $ 100,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000. GENt AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PRO- JECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) 1,000,000 A X ANY AUTO 44CL494969 07/20/202107/20/2022 BODILY INJURY(Per person) $ OWNED --SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY _AUTOS ONLY (Per accident) $ A X UMBRELLA LIAB X OCCUR 44CL494969 07/20/2021 07/20/2022 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ • • $ $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached If more space Is required) re: City of Ashland Wastewater Treatment Plant Outfall Project, Project #2013-21 City of Ashland and its employees, officers and agents are included as additional insured as respects to general liability and auto liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Ashland 20 E. Main Street AUTHORIZED REPRESENTATIVE Ashland OR 97520 1 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) • The ACORD name and logo are registered marks of ACORD Page 1 of 1 • � l ® A`� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 05/09/2022 • 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 pollcy(les)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 CONTACT Michelle Ely Hart Insurance Agency PHONE FAX PO Box 1240 (A/C.No.Extl: (541) 779-4232 (NC,NO:(541) 772-3963 ADDRESS: mely@hartinsurance.com Grants Pass OR 97528 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:American Hallmark Insurance Co 43494 INSURED (541) 779-4916 INSURERS: Pilot Rock Excavation Inc INSURER C: 356 Bateman INSURERD: Medford OR 97502 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:Cert ID 19841 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. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MMIDD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 AMAGE TO RENTED CLAIMS-MADE X OCCUR Y 44CL494969 07/20/2021 07/20/2022 PREM SES Ea occurrence) $ 100,000 MED EXP(Any one person) $ 5,000 PERSONAL 8,ADV INJURY_`$ 1,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X 'CT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILELIABILITY COMBINED SINGLE LIMIT $ 1,000,000 ,(Ea accident) A X ANY AUTO 44CL494969 07/20/202107/20/2022 BODILY INJURY(Per person) $ OWNED —SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY (Per accident) $ A X UMBRELLALIAB X OCCUR 44CL494969 07/20/2021 07/20/2022 EACH OCCURRENCE _ $ 5,000,000 EXCESS UAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITYY/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVENIA E.L.EACH ACCIDENT $ OFFICER/MEM BER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ • $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached If more space la required) Re: City of Ashland Wastewater Treatment Plant Outfall Project, Project No 2013-21 Certificate holder is listed as additional insured where required by written contract per attached form MP9767 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Jacobs, Inc. 1100 NE Circle Blvd Ste 300 AUTHORIZED REPRESENTATIVE Corvallis OR 97330 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 1 of 1 T ' General Liability Additional Coverages The following Additional Coverages are added to the COMMERCIAL GENERAL LIABILITY COVERAGE FORM. A. Blanket Additional Insured Coverage 1. SECTION II—WHO IS AN INSURED of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended to include as an insured any person or organization(referred to as Additional Insured)whom you are required to add as an Additional Insured on this policy under: a.A written contract or agreement;and b.Where a certificate of insurance showing that person or organization as an additional insured has been issued c.When the written contract or agreement and certificate of insurance are currently in effect or becoming in effect during the term of the policy and executed prior to the"bodily injury,""property damage,"or"personal and advertising injury." 2.The insurance provided to the Additional Insured is limited as follows: a.The Additional Insured is only an additional insured for: (1)"Bodily injury,""property damage,"or"personal and advertising injury"caused in whole or in part by negligent acts or omissions of the Named Insured or anyone directly or indirectly employed by the Named Insured or for whose acts a Named Insured may be liable. (2)Liability arising out of your ongoing operations for the Additional Insured by or for you.A person's or organization's status as an insured under this coverage ends when your operations for that insured are completed. b.The Limits of Insurance applicable to the Additional Insured are those specified in the written contract or agreement but not more than the Limits of Insurance specified in the Declarations for this policy.The Limits of Insurance applicable to the Additional Insured are inclusive of and not in addition to the Limits of Insurance shown in the Declarations for the Named Insured. 3. In addition to the other exclusions applicable to Section I,Coverages A.,B.and C.of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM,the insurance provided to the Additional Insured does not apply to: a."Property damage"to: (1)Property owned,used,occupied by, loaned or rented to the Additional Insured; (2)Property in the care,custody or control of the Additional Insured or over which the Additional Insured are for any purpose exercising physical control;or (3)"Your work"performed for the Additional Insured. b."Bodily injury,""property damage,"or"personal and advertising injury"arising out of an architect's, engineer's or surveyor's rendering or failure to render any professional services for you,for the Additional Insured or for others, including,but not limited to: (1)The preparing,approving or failure to prepare or approve maps,drawings,opinions, reports,surveys,change orders,designs or specifications;or (2)Supervisory,inspection or engineering services. c."Bodily injury"or"property damage"occurring after: (1)All work,including materials, parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs)to be performed by or on behalf of the additional insured at the site of the covered operations has been completed;or (2)That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 4.SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4.Other Insurance, is amended to add the following subparagraph: d.Additional Insured's Other Insurance As Excess Insurance To the extent required by an"insured contract,"this insurance is primary on behalf of the Additional Insured;and any other insurance maintained by the Additional Insured is excess and not contributory with this insurance. If the "insured contract"does not require this provision,then Paragraph a.above will apply. B.Mobile Equipment Broadened Coverage V.12.f.(1)of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is replaced by the following: (1)Equipment designed primarily for: (a)Snow Removal; (b)Road maintenance, but not construction or resurfacing;or (c)Street cleaning. Except the above provisions do not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight which are not intended for use on a highway. C.Aggregate Limit Per Project MP 97 67 10 10 Includes copyrighted material of Insurance Services Office,Inc.and Page 1 of 2 American Association of Insurance Services,Inc.,with their permission The General Aggregate Limit under SECTION III—LIMITS OF INSURANCE of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM applies separately to each of your projects away from premises owned by or rented to you.Page 22 of 25 Includes copyrighted material of Insurance Services Office, Inc.and MP 97 67 10 10 American Association of Insurance Services, Inc.,with their permission D.Blanket Waiver Of Transfer Of Rights Of Recovery Against Others To Us The Transfer Of Rights Of Recovery Against Others To Us Condition(SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS)is amended by the addition of the following: We waive any right of recovery we may have against any person or organization to whom you by written contract or written agreement have waived your own right or recovery for loss caused by that person or organization because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a written contract or written agreement with that person or organization and included in the"products-completed operations hazard." This provision does not apply unless the written contract or written agreement has been executed prior to the "occurrence"or offense giving rise to the"bodily injury"or"property damage." E.Voluntary Property Damage Coverage 1.We will,at your request, pay but not defend any claim for"property damage"to the property of others otherwise excluded under A.2.j.(4), (5)and(6)of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM provided that: a.Such"property damage"takes place while such property is in your care,custody or control,or is property of others over which you,for any purpose, are exercising or have exercised physical control;and b. Such"property damage"takes place away from any premises you own,rent or lease; and c. Such"property damage"takes place within the"coverage territory"and during the policy term;and d. Such"property damage"takes place only during your operations that are known to us,are scheduled on the policy and for which a premium has been charged. 2.The insurance under this additional coverage does not apply to"property damage"to property: a. Held by you for servicing,repair,storage or sale at premises owned by, rented or leased to you; b.While being transported by or caused by the ownership,maintenance,operation, use,"loading or unloading"of any "auto,"watercraft or aircraft;or c. Owned or occupied by or rented to you. 3. Deductible This additional coverage will apply only to that amount of any loss in each"occurrence"that exceeds $500.The terms of the policy with respect to your duties in the event of"occurrence,"claim or"suit"and the Company's right to investigate,negotiate and settle any claim or"suit"apply irrespective of the application of the deductible amount of$500. We may pay any part or all of the deductible amount of$500 to effect settlement of any claim or"suit."Upon notification of the action taken,you must promptly reimburse us for such part of the deductible amount as has been paid by us. 4.Limits of Liability The Limit of Liability for this additional coverage shall not exceed$2,500 for each"occurrence"and is the limit of the Company's liability for all damages on account of each claim or"suit"covered herein.The annual aggregate Limit of Liability is$2,500 and is, subject to the above provisions respecting each claim,the total limit of the Company's liability for all damages. 5.Settlement In the event of loss covered by this additional coverage,you shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs thereto at actual cost to you,excluding prospective profit or overhead charges of any nature.Any property so paid for or replaced shall,at our option, become the property of the Company. Payment hereunder shall not constitute an admission of liability of you or,except as stated herein,of the Company. MP 97 67 10 10 Includes copyrighted material of Insurance Services Office,Inc.and Page 2 of 2 American Association of Insurance Services,Inc.,with their permission 900796 BBB! May 09, 2022 PILOT ROCK EXCAVATION INC 356 BATEMAN DR CENTRAL POINT, OR 97502 Re: Barrett Business Services, Inc. ("BBSI") - Letter of Self-Insurance for Workers' Compensation Coverage As the named addressee of this Letter, your company's required workers' compensation coverage is provided through BBSI's state approved Self-Insured Workers' Compensation Plan by way of your co-employment contract with BBSI. Additional information is as follows: State: Oregon Workers'Compensation Limits: Employer Liability Limits: Self Insurance Certification #: '1068 Statutory $5,000,000.00 Each Accident $5,000,000.00 Disease Coverage Limit by Client $5,000,000.00 Disease; Each Employee Other Comments(place an"X"if applicable): nNamed"Letter Holder": Jacobs, Inc., and its agents, officers and employees 1100 NE Circle Blvd Suite 300 Corvallis, OR 97330 ElOther: RE:All Operations. This letter of self-insurance for workers'compensation replaces Acord form 25. Effective 5/1/2012, renewed through 5/1/2023. Subject to 30 days' notice of cancellation. Additionally, BBSI's self-insured program is further supported by an excess workers'compensation insurance policy with ACE American Insurance Co.. Copy of certificate is available upon request. For additional information, please contact your local BBSI office at: MEDFORD (541)772-5469 2045 Cardinal Way Suite 100 Very truly yours, Medford, OR 97504 Gary Kramer President and Chief Executive Officer doc:LOSI-2 • ` 900796 BBsi May 09, 2022 PILOT ROCK EXCAVATION INC 356 BATEMAN DR CENTRAL POINT, OR 97502 Re: Barrett Business Services, Inc. ("BBSI") Letter of Self-Insurance for Workers' Compensation Coverage As the named addressee of this Letter, your company's required workers' compensation coverage is provided through BBSI's state approved Self-Insured Workers' Compensation Plan by way of your co-employment contract with BBSI: Additional information is as follows: State: Oregon Workers'Compensation Limits: Employer Liability Limits: Self Insurance Certification #: 1068 Statutory $5,000,000.00 Each Accident $5,000,000.00 Disease Coverage Limit by Client $5,000,000.00 Disease; Each Employee • Other Comments(place an"X"if applicable): riNamed"Letter Holder": City of Ashland and its agents, officers and employees 20 East Main St Ashland, OR 97520 nOther: RE:All Operations. This letter of self-insurance for workers'compensation replaces Acord form 25. Effective 5/1/2012, renewed through 5/1/2023. Subject to 30 days' notice of cancellation. Additionally, BBSI's self-insured program is further supported by an excess workers'compensation insurance policy with ACE American Insurance Co.. Copy of certificate is available upon request. For additional information, please contact your local BBSI office at: MEDFORD (541)772-5469 2045 Cardinal Way Suite 100 Very truly yours, Medford, OR 97504 Gary Kramer President and Chief Executive Officer doc:LOSI-2 Form BC 9 State of Oregon Department of Environmental Quality *42 Certification Regarding Lobbying Activities Contact:Regional Project Officer DEQ. 503-229-LOAN Smro("Oregon Depaon roof EnvIronnvidil Wally This form must be signed by the prime contractor and submitted by the loan recipient by the time the contract is award. A copy must be included in the contract copy to DEQ.The prime contractor must obtain a signed copy of this form from each subcontractor,and retain them in the prime contractor's contract file. The undersigned certifies,to the best of his or her knowledge and belief,that: (1) No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal, amendment,or modification of any Federal contract,grant, loan,or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal Contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities,"in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers(including subcontracts, subgrants,and contracts under grants, loans,and cooperative agreements)and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. 5/2:7 22 SignatureDate Alternative formats DEQ can provide documents in an alternate format or in a language other than English upon request. Call DEQ at 800-452-4011 or email deqinfo@deq.state.or.us. T indated May 9019 Foran BC 10 DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB , Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046 (See reverse for public burden disclosure.) 1.Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a a. contract a a. bid/offer/application a a. initial filing b. grant b. initial award 1 b. material change c. cooperative agreement c. post-award For Material Change Only: d. loan year quarter e. loan guarantee date of last report f. loan insurance 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is a Subawardee, Enter Name 0 Prime ❑Subawardee and Address of Prime: Tier , if known: Pilot Rock Excavation, Inc 356 Bateman Dr , Central Point, OR 97501 ,Congressional District, if known: Congressional District, if known: 6. Federal Department/Aaencv: 7. Federal Program Name/Description: $2,555,186.00 CFDA Number, if applicable: 8. Federal Action Number. if known: 9.Award Amount, if known: 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name, Ml): different from No. 10a) No lobbing performed (last name, first name, Ml): 11Information requested through this form is authorized by title 31 U.S.C. section //////JJ .1352. This disclosure of lobbying activities is a material representation of fact Signature: �!'�l�upon which reliance was placed by the tier above when this transaction was made rint Name: Alysonah7L4.- wler or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for President public inspection. Any person who fails to file the required disclosure shall be Title: subject to a civil penalty of not less that$10,000 and not more than$100,000 for 541-779-4916 2/27/2022 each such failure. Telephone No.: Date: 3 4 F Q , � � � � Authorized for Local Reproduction Federal Use Only �'� �� �� � ��6d � � �� �7 � Standard Form LLL(Rev.7-97) INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of a covered Federal action,or a material change to a previous filing,pursuant to title 31 U.S.C.section 1352.The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employeeof a Member of Congress in connection with a covered Federal action.Complete all items that apply for both the initial filing and material change report.Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred.Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city,State and zip code of the reporting entity.Include Congressional District, if known.Check the appropriateclassification of the reporting entity that designates if it is,or expects to be,a prime or subaward recipient.Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the 1st tier.Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee,"then enter the full name,address, city, State and zip code of the prime Federal recipient.Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment.Include at least one organizationallevel below agency name,if known.For example,Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance (CFDA)number for grants,cooperative agreements,loans,and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal(RFP) number; Invitation for Bid (IFB) number;•grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency).Include prefixes,e.g.,"RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a)Enter the full name,address,city,State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b)Enter the full names of the individual(s)performing services,and include full address if different from 10(a).Enter Last Name,First Name,and Middle Initial(MI). 11. The certifying official shall sign and date the form,print his/her name,title,and telephone number. According to the Paperwork Reduction Act,as amended,no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0046),Washington, DC 20503. Form BC 11 State of Oregon Department of Environmental Quality Certification of Non-Segregated Facilities or in, DEQ Contact:Regional Project Officer 503-229-LOAN soleoiaesm Dapetmu tof Environmental Gustily This form must be signed by the prime contractor and submitted by the time of contract award from the Loan Recipient.A copy must be included in the contract copy to DEQ.The prime contractor must obtain a signed copy of this form from each subcontractor,and retain them in the prime contractor's contract file. Applicable to federally-funded construction contracts and related subcontracts exceeding$10,000 which are not exempt from the Equal Opportunity clause. The federally-assisted construction contractor certifies that they do not maintain or provide for their employees any segregated facilities at any of their establishments,and that they do not permit their employees to perform services at any location,under the contractor's control,where segregated facilities are maintained. The federally-assisted construction contractor certifies further that they will not maintain or provide for their employees any segregated facilities at any of their establishments,and that they will not permit employees to perform services at any location,under the contractor's 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,rest rooms and wash rooms,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, creed,color,or national origin,because of habit,local custom,or otherwise. The federally-assisted construction contractor agrees that(except where they have obtained identical certifications from proposed contractors for specific time periods) they 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 they will retain a copy of such certification. 494- - , �, 612 7/2.2 Signature Date Ar ` U Name and Title of signer(please type) Alternative formats DEQ can provide documents in an alternate format or in a language other than English upon request. Call DEQ at 800-452-4011 or email deginfo(&,,deq.state.or.us. Updated January 2021 Forte BC 12 State of Oregon Department of Environmental Quality v< Non-discrimination in Employment PE Q Notice to Labor Unions or Other Organizations of Workers mea Contact: Regional Project Officer Britronmental Qualtty 503-229-LOAN The CWSRF loan recipient must provide this notice to the contractor and subcontractor(s)advising the labor union or workers'representative of the contractor's commitments under Executive Order No. 11246. The contractor will send a signed notice to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. TO: NAME OF UNION OR ORGANIZATION OF WORKERS The undersigned currently holds contract(s)with NAME OF LOAN RECIPIENT Using funds or credit of the U.S. government,or one or more subcontractors with a prime contractor holding such contracts. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * You are advised that under the provisions of the above contract(s)or subcontract(s)and in accordance with Section 202 of Executive Order 11246 dated Sept.24, 1965,as amended,the undersigned is obliged not to discriminate against any employee or applicant for employment because of race, color,religion, sex or national origin. This obligation not to discriminate in employment includes,but is not limited to,the following: EMPLOYMENT,UPGRADING, TRANSFER OR DEMOTION - RECRUITMENT OR RECRUITMENT ADVERTISING RATES OF PAY OR OTHER FORMS OF COMPENSATION SELECTION FOR TRAINING INCLUDING APPRENTICESHIP,LAYOFF OR TERMINATION * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * This notice is furnished to you pursuant to the provisions of the above contract(s)or subcontract(s)and Executive Order#11246. CONTRACTOR OR SUBCONTRACTOR(S) DATE Updated May 2019 1 Alternative formats DEQ can provide documents in an alternate format or in a language other than English upon request. Call DEQ at 800-452-4011 or email deqinfo@deq.state.or.us • Updated May 2019 2 Form BC 14 State of Oregon Department of Environmental Quality Contractor's Compliance Statement DEQExecutive Order #11246 ao Contact:Regional Project Officer Stateal 503-229-LOAN Enbtrorsmentil Away This form must be signed by the prime contractor and submitted by the time of contract award from the Loan Recipient. A copy must be included in the contract copy to DEQ. Date ' ('Z-'7 /2'Z_ This statement relates to a proposed contract with G rc �t AS bAl (Name of CWSRF loan recipient) who expects to finance the contract with assistance from the Environmental Protection Agency. I am the undersigned bidder or prospective contractor. I represent that: I have I have not❑participated in a previous contract or subcontract subject to Executive Order 11246 of September 24, 1965 (regarding equal employment opportunity)or a preceding similar Executive Order. I agree to comply with all the provisions of this Executive Order and the rules, regulations,and relevant orders of the Secretary of Labor. (41 CFR 60-1.4(b); 41 CFR 601.7(b)) .5/Z7/22- Signature Date Name and Title of signer(please type) / �,�c�.� 'r(;A 1--g. (� e� i C.2exr Alternative formats DEQ can provide documents in an alternate format or in a language other than English upon request. Call DEQ at 800-452-4011 or email deginfogdeq.state.or.us. Updated May 2019 1 EXHIBIT A: CONTRACTOR'S BID CITY OF ASHLAND ASHLAND, OREGON BIDDING REQUIREMENTS AND CONTRACT DOCUMENTS for the construction of the CITY OF ASHLAND WASTEWATER TREATMENT PLANT OUTFALL RELOCATION VOLUME 1: SPECIFICATIONS Project No.2013-21 **** r **** JACOBS Corvallis, Oregon March 2022 ©Jacobs 2022.All rights reserved. This document and the ideas and designs incorporated herein,as an instrument of professional service,is the property of Jacobs and is not to be used in whole or part,for any other project without the written authorization of Jacobs. Project No.D3527000 Copy No. Page 97 CITY OF ASHLAND WASTEWATER TREATMENT PLANT OUTFALL RELOCATION NOTE TO BIDDER: Use typewriter or ink for completing this Bid Form. BID FORM (STIPULATED PRICE BASIS) 1. BID RECIPIENT • 1.1. This Bid is submitted to: Owner: City of Ashland,Oregon Address: Siskiyou Conference Room Community Development Building 51 Winburn Way,Ashland, Oregon 97520 Mailing Address: 20 East Main Street,Ashland,Oregon 97520 Project Identification: Project No.2013-21: Wastewater Treatment Plant Outfall Relocation 1.2. The undersigned Bidder proposes and agrees,if this Bid is accepted,to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2. BIDDER'S ACKNOWLEDGEMENTS 2.1. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security.This Bid will remain subject to acceptance for 60 days after the Bid opening,or for such longer period of time that Bidder may agree to in writing upon request of Owner. • PW\DEN003\D3527000 BID FORM MARCH 2022' 00 41 13 - 1 ©COPYRIGHT 2022 JACOBS Page 98 WASTEWATER TREATMENT PLANT CITY OF ASHLAND OUTFALL RELOCATION 3. BIDDER'S'REPRESENTATIONS 3.1. In submitting this Bid,Bidder represents that: 3.1.1. Bidder has examined and carefully studied the Bidding Documents,the other related data identified in the Bidding Documents, and the following Addenda,receipt of which is hereby acknowledged. Addendum No. Addendum Date (70LZ (Bidder shall insert number of each Addendum received.) 3.1.2. Bidder has visited the Site 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. 3.1.3. Bidder is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress,and performance of the Work. 3.1.4. Bidder has carefully studied: i)reports of explorations and tests of subsurface conditions at or contiguous to the Site and drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities)which have been identified in Paragraph 5.03 of the Supplementary Conditions as containing reliable"technical data,";and ii)reports and drawings of Hazardous Environmental Conditions, if any,at the Site that have been identified in Paragraph 5.06 of the Supplementary Conditions as containing reliable"technical data." 3.1.5. Bidder has considered the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site;the Bidding Documents; and the Site-related reports and drawings identified in the Bidding 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 Bidder, including applying the specific means, methods,techniques, sequences, and procedures of construction expressly required by the Bidding Documents;and(3)Bidder's safety precautions and programs. BID FORM PW\DEN003\D3527000 00 41 13 -2 MARCH 2022 ©COPYRIGHT 2022 JACOBS Page 99 CITY OF ASHLAND WASTEWATER TREATMENT PLANT OUTFALL RELOCATION 3.1.6. Based on information and observations referred to in paragraph above, Bidder does not consider that further examinations, investigations, explorations,tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s)Bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents. 3.1.7. Bidder is aware of the general nature of work to be performed by Owner and others at the Site.that relates to the Work as indicated in the Bidding Documents. 3.1.8. Bidder has given Engineer written notice of conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. 3.1.9. The Bidding Documents are generally sufficient to indicate and convey understanding of terms and conditions for the performance of the Work for which this Bid is submitted. 4. BIDDER'S CERTIFICATION 4.1. Bidder certifies: 4.1.1. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization or corporation; 4.1.2. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; • 4.1.3. Bidder has not solicited or induced any individual or entity to refrain from bidding; and 4.1.4. Bidder has not engaged in corrupt,fraudulent,collusive, or coercive practices in competing for the Contract. For the purposes of this paragraph: 4.1.4.1. "corrupt practice"means the offering, giving,receiving,or soliciting of anything of value likely to influence the action of a public official in the bidding process; 4.1.4.2. "fraudulent practice"means an intentional misrepresentation of facts made(a)to influence the bidding process to the detriment of PW\DEN003\D3527000 BID FORM MARCH2022 004113 -3 ©COPYRIGHT 2022 JACOBS Page 100 WASTEWATER TREATMENT PLANT CITY OF ASHLAND OUTFALL RELOCATION Owner, (b)to establish Bid prices at artificial noncompetitive levels,or (c)to deprive Owner of the benefits of free and open competition; 4.1.4.3. "collusive practice"means a scheme or arrangement between. two or more Bidders,with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial,noncompetitive levels; and 4.1.4.4. "coercive practice"means harming or threatening to harm, directly or indirectly,persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 4.1.5.' Required sales and use taxes are included in the stated Bid prices for the Work unless provision is made herein for the Bidder to separately itemize the estimated amount of sales tax or if Instructions to Bidders state Owner is tax exempt. 4.1.6. Bidder accepts the provisions required by the Davis Bacon Act (40 USC 276a)relating to prevailing wage rates and that Bidder shall make applicable restitution to the Oregon.Bureau of Labor and Industries Commissioner in accordance with ORS 279C.825. 4.1.7. Neither Bidder nor their Subcontractors are on the Bureau of Labor and Industries list of persons having violated prevailing wage rate laws. 4.1.8. Bidder has not discriminated against minority,women, or emerging small business enterprises in obtaining required subcontracts. 4.1.9. Bidder is not in violation of any tax laws described in ORS 305.385. 4.1.10. Bidder has established a drug-testing program for employees per ORS 279C.505. 4.1.11. In accordance with OAR 137-049-0200,Subcontractors performing work will be registered with the Construction Contractors Board before Subcontractor commences work. BID FORM PW\DEN003\D3527000 00 41 13 -4 MARCH 2022 ©COPYRIGHT 2022 JACOBS Page 101 CITY OF ASHLAND WASTEWATER TREATMENT PLANT OUTFALL RELOCATION 5. BASIS OF BIDS 5.1. Bidder shall complete the Work in accordance with the Contract Documents for the following price(s): 5.2. Unit Price Bid Schedule: 5.2.1. Unit prices have been computed in accordance with Paragraph 13.03.0 of the General Conditions. 5.2.2. Bidder acknowledges that estimated quantities are not guaranteed and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities,determined as provided in the Contract Documents. Unit Price Bid Schedule Extended Item Estimated Bid Unit Bid Unit No. Description Quantity Unit Price Price 1. Mobilization 1 LS $2u itsb .d11.$ZIAtjDU•Ci 2 Temporary Flow Control Plan:Sewer 2 EA Relocation 2.,tj. .00 4-,OM C Temporary Flow Control System: 3' Sewer Relocation 2 EA (Dpi m.0 0 120r .(5D 4 Temporary Flow Control Plan: 1 EA Embankment Construction 2.,1 .0D 2,Om.D� 5 Temporary Flow Control System: 1 EA Embankment Construction 4 iSUD:.OU 4,51`2•t 6. Erosion and Sediment Control 1 LS l sj,L •Oo tb,b e.0� Erosion and Sediment Control: 7' Sediment Fence and Straw Wattle 4200 LF 3.S 0 14,100.es0 Erosion and Sediment Control:Inlet 8' Protection . 1 EA (5D.00 Ct. Erosion and Sediment Control: 9' Dewatering Discharge Sediment 1 EA Settling Tank $►(:CA.OD %,ODD• Erosion and Sediment Control: 1 10. 1 EA Dewatering Discharge Sediment Settling Pond 1`ca.OD 1n,CM.OD 11. Erosion and Sediment Control:Gravel 2 EA y Construction Entrance est-,.ice 3.lX.0 l2 Erosion and Sediment Control:Tree EA Protection Fence ,11,0to .q y'CUO6 OU Erosion and Sediment Control: 13. Floating Silt Barrier 2 EA 4-�LOD ()D $ j..OD 14. Water.Control Plan:Ashland Pond 1 EA Pump Down 210t0.W 2.0.1D.00 PW\DEN003\D3527000 BID FORM MARCH 2022 00 41 13 -5 ©COPYRIGHT 2022 JACOBS Page 102 w e I , WASTEWATER TREATMENT PLANT CITY OF ASHLAND OUTFALL RELOCATION Unit Price Bid Schedule Extended Item Estimated Bid Unit Bid Unit No. Description Quantity Unit Price Price 15. Water Control:Ashland Pond Pump 1 EA Down UILIN..Id)a (D1(CD,DO 16. Water Control Plan:Bear Creek 1. EA Outfall 2%; o ' :2.i Ctz.0i, 17. Water Control System:Bear Creek 1 EA Outfall St(b'.(.511, 6 oob.00 18. Water Control Plan:Ashland Pond 1 EA Intake 2-0-1 •00 24170.00 19. Water Control System:Ashland Pond 1 EA Intake 5,0 O.Ot 5,a)0.0t 20. Dewatering 1 LS t 0 ADC).OD la i`Ot •00 21. Construction Surveying 1 LS $161UD.0%) $6.c.03.07z. 22. .Chainlink Fence 75 LF C(0:01,1 So'.DO 23. 36"PVC Outfall Pipeline,Earthfill 1100 LF Trench Backfill 440-o0 4414-,lob 24. 36"PVC Outfall Pipeline,in 220 LF Embankment Soc .(Sc 11oicco.00 25 36"PVC Outfall Pipeline,Reinforced 20 LF Concrete Encasement. 100.60.14.t(1x)•OD 26. Embankment:Excavation . 1290 CY SC.OD 4S1tS15.00 27. Embankment:Construction 1900 CY 1..14.OD C►SS Ol'A.00 28. Embankment: 18"PVC Pipe 52 LF $ Ilt.a'D $5,24x.00 29. Embankment:Permanent ESC 6200 SF $ $ Matting 3.00 'l i 1 toCO.00 30. 60"Diameter Manhole 9 EA (Plax)..615 64,Q:D.DO 31. Settlement Monitoring 1 LS 2...00D.00 2L1'o o:oo 32. 30"HDPE.Outfall Pipeline,CLSM .300 LF Trench Backfill 3,0D.07 A0A0.017. 33. 30"HDPE Outfall Pipeline, 130 LF Reinforced Concrete Encasement 44Z•CDSt)00•DD 34. 30"HDPE Outfall Pipeline,Earthfill 320 LF Trench Backfill 2.50:OC SL2,t> a.OD 35. . Air Vent . 1 EA %COM0'..13D 3LDine7o=UQ 36. 72"Diameter Manhole 1 EA 12,0 00.00 12611.).00 37. HDPE Access Ports 4 EA $Z2j0.60, Vattli)U.6'D 38. Access Port Vent 1 EA $12.1 )D.t9.5 $12;- D.01.? BID FORM PW\DEN003\D3527000 00 41 13-6 MARCH 2022 ©COPYRIGHT 2022 JACOBS Page 103 • • lk 7 CITY OF ASHLAND WASTEWATER TREATMENT PLANT OUTFALL RELOCATION Unit Price Bid Schedule Extended 1 Item Estimated Bid Unit Bid Unit No. Description Quantity Unit Price Price 39. Controlled low strength material 80 LF $ $ (CLSM)trench backfill ke3.m 12,11p°.07 40. Effluent Diversion Structure 1 LS ISOiLDo.D0 150ita .a0 41. 12"HDPE Sewer Relocation 710 LF 125.tYD S%1S0.o1 42. 48"Diameter Manholes 5 EA $ 4,Sti.00. $4500.OD 43. Foundation Stabilization Rock 25 CY 6S.t* 1 105.oD 44. Bear Creek Outfall:Structure 1 LS 11Ss MO.cYo 115,00.C 45. Bear Creek Outfall:Riprap 780 SF Stabilization 2:D.OD t 143).DO 46. Ashland Pond Emergency Spillway: 240 CY Excavation and Grading IUD.OD o .Otb. 47. Ashland Pond Emergency Spillway: 770 SF turfstone pavers 2.1000 2Dt020.00 • 48. Ashland Pond Emergency Spillway: 470 SF - Turf Reinforcement Matting ZD.M. gl4t5 .OD 49. Ashland Pond:Drain Piping 12"PVC 15 LF Pipe kA .130 all0.. 1 50. Ashland Pond:Drain Piping 30"PVC 20 LF A1110.00 g,MO.(SIJ 51. Ashland Pond:Berm Fill 25 CY 50.CO %SSO.3 52. Ashland Pond:Intake Structure 1 LS LAO.Wo.CD40,000.00 53. Ashland Pond Intake: 18"PVC Pipe 35 LF SS.LID 1,22.S.00 54. Ashland Pond Intake:Outfall 1 LS kIhS03.oro U,SCO.Oo 55. Ashland Pond Intake:Riverbank 1 LS Stabilization lo.;ts o.()L7' 41;W).O0 56. Rock Excavation 630 CY VS/OD 15i./S).•OC 57. Cleaning,Flushing,and Testing for 1 LS Pipes and Structures. ,ilAD.cam' 'N3,020.00 58. Bear Creek Excavation:Driveway 1 LS preparation,maintenance,and restoration 1 ismoD 1E0'(X 59. Bear Creek Excavation:Access Road 1 LS preparation,maintenance,and u` .o,) Lft oc restoration PW\DEN003\D3527000 BID FORM MARCH2022 004113-7 ©COPYRIGHT 2022 JACOBS Page 104 WASTEWATER TREATMENT PLANT CITY OF ASHLAND OUTFALL RELOCATION Unit Price Bid Schedule Extended Item Estimated Bid Unit Bid Unit No. Description Quantity Unit Price Price 60. Bear Creek Excavation:Stripping and 6870 SF stockpiling 0.15 ,152.--Sei 61. _Bear Creek Excavation:Excavation 209 CY J;O0 —113►5 62. Bear Creek Excavation:Site 6870 SF Restoration 0.15 5,152.50 63. Bear Creek Excavation:Fence 30 LF Extension and Restoration IMOD OD 3,(tD.O0 64. Bear Creek Riparian Zone Restoration 500 SF 20.or) 1(X).0t 65. Soil Preparation 2.5 AC I I.DtD.rb 17,50D.co 66. Hydro-Seed 2.5 AC SitOD.00 2twoo.DO. 67. Pathway Surfacing 9450 SF 1.1p lb,3615.0D 68. Asphalt Pavement 120 SF 10.00 2,013.Q0 69. Demobilization 1 LS t.QD 1.013 Total of Extended Bid Unit Prices $L555.I86.00, • 5.3. Bid Summary: 5.3.1. Total Extended Unit Bid Prices: $ 21 — •be 6. TIME OF COMPLETION 6.1. Bidder agrees the Work will be substantially complete within 460 calendar days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 490 calendar days after the date when the Contract Times commence to run. 6.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work,and any specified Milestones,within the Contract Times. 7. ATTACHMENTS TO THIS BID 7.1. The following documents are submitted with and made a condition of this Bid: 7.1.1. Required Bid security in the form of Bid bond. BID FORM PW\DEN003\D3527000 00 41 13- 8 MARCH 2022 ©COPYRIGHT 2022 JACOBS Page 105 CITY OF ASHLAND WASTEWATER TREATMENT PLANT OUTFALL RELOCATION 7.1.2. Certificate of Bidder Regarding Equal Opportunity. 7.1.3. Evidence of authority to do business in the state of the Project;or a written covenant to obtain such license within the time for acceptance of Bids. 7.1.4. Contractor's License No.: f 5-1(3 7.1.5. Subcontractor Disclosure Form(required within two hours of Bid closing). 7.1.6. Noncollusion Affidavit. 7.1.7. City of Ashland Bidder Responsibility Form 8. DEFINED TERMS 8.1. The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders,the General Conditions,and the Supplementary Conditions. 9. BID SUBMITTAL 9.1. This Bid submitted by: If Bidder is: An Individual Name(type. o : '.ted): By(signature): Doing business as: —A—Partnership Partnership Name. (SEAL) By: (Signature of general partner—attach ev ►:.ce of authority to sign) Name (typed or printed): PW\DEN003\D3527000 BID FORM MARCH 2022 00 41 13 -9 ©COPYRIGHT 2022 JACOBS Page 106 WASTEWATER TREATMENT PLANT CITY OF ASHLAND OUTFALL RELOCATION A Corporation Corporation Name: P .4 J Ai( \t.3 C (SEAL) State of Incorporation: DC -F Type(General Business,Professional, Service,Li •ted Liability): By: (Signature —attach evidence of authority to sign) Name(typed or printed):AL 6?9J 12 41)t ,e— Title: V/.. c, (CORP RATE SEAL) ', Attest: (Signat ire of Corporate Secretary) Date of ualifi ation to do business in Oregon is: A Jo'nt Venture Joint - • rer Name: (SEAL) By: (Signature of joint venture par • • •—attach evidence of authority to sign) Name(typed or printed): Title: (Each joint venturer must sign.The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.) BID FORM PW\DEN003\D3527000 00 41 13 - 10 MARCH 2022 ©COPYRIGHT 2022 JACOBS Page 107 f ' Council Business Meeting May 23, 2022 Approval of Two Contracts for Construction and Engineering Services During Agenda Item Construction for the Wastewater Treatment Plant Outfall Relocation Project No. 2013-21 From Kaylea Kathol, PMP Sr. Project Manger Scott Fleury, PE Director of Public Works Contact Kaylea.kathol@ashland.or.us (541) 552-2419 Scott.fleury@ashland.or.us (541) 552-2412 SUMMARY Before Council is a request to authorize two agreements for the construction of the Wastewater Treatment Plant (WWTP) Outfall Relocation Project,No. 2013-21. Staff seeks Council's authorization to enter into a Personal Services Agreement with Jacobs Engineering Group for Construction Engineering Services for$996,550, and a public improvement construction contract with Pilot Rock Excavation for$2,555,186. Completion of the WWTP Outfall Relocation Project is a requirement of the National Pollution Discharge Elimination System(NPDES)Permit that governs the City's operation of the WWTP. POLICIES,PLANS & GOALS SUPPORTED Policy—Execution of these two agreements will support the City's obligation to comply with policy established by the Federal Clean Water Act and applied as enforceable conditions by DEQ in the City's active National Pollutant Discharge Elimination System(NPDES)permit for the WWTP, issued on March 1, 2022. Plans—These agreements will enable the City to complete an important compliance project identified in the 2012 Comprehensive Sanitary Sewer Master Plan, approved by Council approximately 10 years ago. City Council Goals -(supported by this project): Maintain Essential Services. • Wastewater Department Goals-The requested loan revisions will support applicable 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 Council has taken numerous actions over the past decade that have had a nexus to the project: • March 15, 2011 —DEQ and Keller Associates presented effluent temperature compliance solutions. • April 17, 2012—Council adopted a Comprehensive Sanitary Sewer Master Plan(and complimentary 2014 Wastewater Facilities Plan)that recommended a combination of relocating the outfall from Ashland Creek to Bear Creek, effluent discharge through constructed wetlands during various times Page 1 of 5 CITY OF ASHLAND of the year, selective discharges from Reeder Reservoir, and water quality temperature trading to meet thermal regulations. • May 21, 2013 - Council approved a Resolution Authorizing and Approving State Revolving Fund Loan Agreement R11751. The loan amount was for$4,549,691, and was intended to fund three projects, including the Outfall Relocation,water quality temperature trading, and membrane filter replacement. • May 6, 2014—Council awarded a contract to CH2M Hill(now Jacobs) to complete an outfall relocation study. The study investigated and recommended the best outfall relocation spot on Bear Creek that could comply with the mixing zone, thermal plume and toxics requirements anticipated in the updated NPDES permit. • December 5, 2017—Council awarded a contract to CH2M Hill (now Jacobs)to complete pre- engineering for the Outfall Relocation project. Predesign, including environmental permitting,was complete in early 2020. • February 6, 2018—Council approved a Resolution Authorizing and Approving State Revolving Fund Loan Agreement R11754 and Amendment Number 1 R11751. The resolution resulted in a new loan total of$4,829,000, intended to finance the Outfall Relocation and water quality temperature trading. Note that in early 2021,DEQ split this loan into two loans that separately financed the Outfall Relocation and the water quality temperature trading. CWSRF Loan R11755,for$2,500,000 was created to finance the design of the Outfall Relocation project. The balance of R11754 continues to finance water quality temperature trading. This action,which resulted in a more financially favorable repayment schedule for the City, did not require authorization of additional debt and was therefore not taken before Council. • May 4, 2021 —Council awarded a contract to Jacobs to complete final engineering for the Outfall Relocation project. • May 3, 2022—Council approved Resolution Authorizing and Approving an Amendment to State Revolving Fund Lona Agreement R11755. The resolution converted the balance of a pre-existing design loan to a construction loan and increased the loan amount to a total of$3,500,000. BACKGROUND AND ADDITIONAL INFORMATION (1) General Background Information The outfall of the WWTP currently discharges warm effluent to Ashland Creek. In-stream flows in Ashland Creek are often too low to buffer the temperature impact from the effluent, and do not promote effective mixing(i.e. beneficial dilution),which results in exceedances of water quality standards DEQ has established to protect migratory fish in the Bear Creek basin. On March 1,2022 the City received a new NPDES Permit from Oregon DEQ. The Permit includes limits on effluent temperature at the point of discharge and the in-stream mixing zone, with which the City is currently unable to comply. One of several capital projects required by the new Permit to meet temperature and mixing zone regulations is the Outfall Relocation Project. This Project was first endorsed in the 2012 Comprehensive Sanitary Sewer Master Plan(Keller Associates), in anticipation of today's Permit terms. Relocating the outfall to Bear Creek, a much larger stream than Ashland Creek,has been approved by DEQ as an effective temperature mitigation and mixing strategy and a path to regulatory compliance. (2) Personal Services Agreement for Construction Engineering Services—Background and Information Page 2 of 5 CITY OF ASH LAN D The City outlined the components of the WWTP Outfall Relocation Design in a public Request for Qualifications Based Proposals that closed on October 12, 2017. The Project components described in that document were broken into the following project phases: • Phase 1A, Preliminary Engineering(COMPLETED) • Phase 1B, Easements,Permitting, and Public Outreach(COMPLETED) • Phase 2,Final Engineering and Bidding Services (COMPLETED) • Phase 3, Construction Engineering Services (THIS SCOPE) Following evaluation of three qualifications-based proposals, the City selected CH2M Hill Engineers, Inc. (now Jacobs Engineering Group) in October 2017 for Outfall Relocation Design. Phases 1A and 1B of the Project. Council retained Jacobs for Phase 2, which ended in a successful construction bid event on April 26,2022. Staff now seeks Council's authorization to award Phase 3 Construction Services to Jacobs for project completion. Construction engineering services will be provided by staff at Jacobs who possess the required professional certifications and can provide the time commitment and project presence required by DEQ not currently available amongst the City's limited staffing resources. Major services for this project generally include: • Construction engineering services and project management by the design engineer and engineering team as stipulated in the CWSRF loan funding this project. These services are required by the funding mechanism to ensure the project conforms to the specifications and plans that were reviewed and approved by DEQ. Ultimately the design engineer must sign DEQ's "Loan Construction Certification Form", which affirms that the project was built and performs as specified. Likewise, the City must sign off DEQ's "Affirmative Certification Form", identifying the design engineer and affirming the project performs to specification. Construction engineering services and associated documentation enable both parties to attest to project performance in good faith. • On-site construction management and field services required by the terms of DEQ's project approval notification, dated March 1, 2022 (attached). DEQ requires construction supervision from the design engineer, or his/her representative, to observe and document that construction and testing occurs according to the plans and specifications approved by the agency. On more complex projects,DEQ requires daily supervision and documentation, but DEQ accepted the City's proposal of part-time supervision(3 days per week)by the design engineer for this project. One of the important roles of the construction manager will be coordination of all required inspections and tests with the contractor, including pipe,manhole, cleanout and appurtenance testing specified in the construction plans. • Environmental compliance tracking and coordination. Multiple agencies, including DEQ, Oregon Department of State Lands,US Army Corps of Engineers,Rogue Valley Sewer Services and Oregon Department of Fish and Wildlife,have issued construction permits requiring the project adhere to specific environmental protections and mitigation activities. This service provided by Jacobs will help the City track the performance of the contractor's environmental compliance measures,verify the contractor's work is in compliance with permit conditions, and assist the City in responding to compliance events during construction. Construction engineering services are budgeted for the full 17-month duration of the project for a cost not to exceed $996,550. This total cost is the sum of estimated time and materials, meaning the City will be billed only for services actually received,up to $996,550. A significant portion of Jacob's cost—over$200,000-are allowances and owner-carried contingencies. Allowances are costs encumbered on a contract for services that will be performed as needed and as requested by the City. Some line-item allowances may not be needed at all during the term of the contract, some may be partially expended,while other allowance line items may be fully liquidated. There are Page 3 of 5 CITY OF ASHLAND ` f approximately$65,000 of allowances in this contract, identified by asterisk in the Level of Effort(LOE) document (Attachment 1). Owner-carried contingencies, in the context of this agreement, are costs encumbered for extended services of a construction manager, should the project require the construction manager's presence for the full 17- month duration. Under normal circumstances, this project would be expected to last just under a year. However, about 5.75 months of additional labor have been added to this contract based on feedback from City suppliers about the effects of ongoing disruptions in the global materials supply chain,which has particularly impacted the manufacture and delivery of iron and steel products,HDPE and PVC pipe. These delays are being experienced industry-wide, even amongst the City's internal procurements. Accordingly,the owner-held contingency of about $141,000 for another 5.75 months (680 hours) of construction management services has been added to the contract. As with allowances, these contingency funds might remain unused, or they may be partially or fully liquidated. Owner-held contingencies for construction management are identified in the LOE as a separate expense from routine construction management services. (3)Public Improvement Contract for Construction—Background and Information The construction solicitation initially closed on March 8, 2022 but resulted in no bids received. Staff solicited the project a second time,which returned two responsive bids on April 26, 2022. The table below summarizes the bid results. Staff seeks council's authorization to enter into a construction contract with Pilot Rock Excavation,the lowest responsive bidder, for$2,555,286. Pilot Rock Excavation Central Pipeline,Inc. $2,555,186.00 $3,888,532.90 The City is currently on-track to complete construction ahead of the Compliance Schedule established in the new NPDES Permit. The Compliance Schedule identifies major milestones from achieving compliance with a handful of water quality regulations the City currently exceeds on a regular basis. Maintaining a good lead on the Compliance Schedule is beneficial for several reasons. First, it ensures that the City will comply with applicable regulations on- time, thus avoiding costly civil and/or criminal penalties could be levied for non-compliance. Second, it helps minimize the financial impact of inflationary pressures and construction cost escalation that will inevitably continue to drive project costs up as time passes. FISCAL IMPACTS This project is funded by CWRSF Loan R11755. The loan amount, amended by Council on May 3, 2022, is for $3,500,000, with a balance of about$2,586,000. The combined cost of both agreements brought before Council is $3,551,736. The CWSRF Loan currently does not have sufficient funds to complete the project because recent and ongoing escalation in labor and materials costs are driving construction costs higher than anticipated when DEQ and City of Ashland negotiated the current loan and amendment amounts. Staff will need to explore additional project funding. Two apparent viable options are being considered by staff, include (a)utilizing the ending fund balance for the wastewater treatment plant 2021-2023 biennium capital expense account, and(b) a future amendment to the loan ceiling. Staff will continue evaluating funding options and will bring a recommendation to Council regarding additional funding source in the third or fourth quarter of 2022. STAFF RECOMMENDATION Staff recommends Council move approval of a Personal Services Agreement with Jacobs Engineering Group and a public improvement contract with Pilot Rock Excavation for completion of the WWTP Outfall Relocation Project. Due to multiple delays in receiving the NPDES Permit, combined with a difficult bidding environment,the City will be unable to comply with certain water quality terms of the NPDES Permit if further delays occur in the award of Page 4 of 5 CITY OF 'ASHLAND these contracts. During the previous month, staff discussed the possibility and ramifications of further delays with DEQ. While a regulatory remedy can be devised for delays beyond the City's control that result in non-compliance, actions taken by the City that lead to non-compliance may result in civil and/or criminal penalties imposed by DEQ and the federal Environmental Protection Agency(EPA),in accordance with a schedule of penalties outlined in the NPDES Permit. ACTIONS, OPTIONS &POTENTIAL MOTIONS I move approval of a personal services agreement with Jacobs Engineering Group,Inc. for engineering services during construction in the amount of$996,550 and a public improvement contract with Pilot Rock Excavation in the amount of$2,555,186. REFERENCES &ATTACHMENTS Attachment#1: Jacobs Engineering Group,Inc. Scope of Services for Engineering Services During Construction of the Wastewater Treatment Plant Outfall Relocation Project and Level of Effort(LOE)document Attachment#2: Pilot Rock Excavation Bid Submittal for Construction of the Wastewater Treatment Plant Outfall Relocation Project Attachment#3: DEQ's Plan Approval for Outfall Relocation Page 5 of 5 CITY OF ASHLAND ATTACHMENT 1 Exhibit A City of Ashland - Wastewater Treatment Plant Outfall Relocation Design and Construction Services Phase 3 Construction Services Scope of Work and Estimated Fee Introduction The City of Ashland, Oregon (City) outlined the components of the Wastewater Treatment Plant (WWTP) Outfall Relocation Design (Project#2013-21-D)in a public Request for Qualifications Based Proposals that closed on October 12, 2017.The project components described in that document were broken into the following project phases: • Phase 1A Preliminary Engineering • Phase 1B Easements, Permitting,and Public Outreach • Phase 2 Final Engineering and Bidding Services • Phase 3 Construction Services Following evaluation of three qualifications-based proposals,the City selected CH2M Hill Engineers, Inc. (now a wholly owned subsidiary of Jacobs Engineering) on October 26, 2017 to perform the Wastewater Treatment Plant Outfall Relocation Design (Project#2013-21-D). Phases 1A and 1B of the project were completed with the issuance of a Basis of Design report in December. 2018 and the issuance of permits to construct the project. Phase 2 Final Engineering and Bidding Services Is nearing completion with the receipt of bids April 26, 2022. The design includes approximately 2,000 feet of 36-inch PVC and 30-inch HDPE pipeline, outfall structure on Bear Creek, a flow diversion structure in the WWTP, excavation, grading,and an intake structure on Ashland Creek allowing diversion of water into Ashland Pond.The City wishes to move forward with Phase 3 of this project to support construction. Jacobs shall provide Services During Construction (SDC) as defined below.These SDC are intended to assist the City to administer the contract for construction, monitor the performance of the construction contractor,verify that the contractor's work is in substantial compliance with the Contract Documents,and assist the City in responding to events that occur during the construction.These SDC are based upon the understanding that the City will contract directly with the General Contractor and will be actively involved in the construction process to make decisions, provide approvals,and perform other actions necessary for the completion of the construction. Scope of Work Our approach to completing Phase 3 of the project is organized into seven main tasks,which are further subdivided into several subtasks.The tasks and subtasks include: Task 1 Project Management Task 1.1 Progress Meetings and Updates Task 1.2 Project Work Plan Task 1.3 Monthly Narrative Report and Invoice Task 2 Engineering Services During Construction Task 2.1 Document Management System and Procedures Task 2.2 Site Coordination Task 2.3 Construction Contract Administration Task 2.4 Contract Changes Task 2.5 Project Controls Task 2.6 Claims and Disputes Task 2.7 Interpretation of Contract Documents(RFIs) Task 2.8 Submittals/Shop Drawing Reviews Task 2.9 Proposed Substitutions Task 2.10 Design Team Site Visits Task 2.11 Testing, Inspection and Survey Services Task 3 Public Outreach Support Task 3.1 Public Outreach Support Task 4 Construction Management/Field Services Task 4.1 Resident Project Representative Task 4.2 Resident Project Representative(Owner-Held Contingency) Task 5 Operations and Maintenance Manual and Startup Support Task 5.1 O&M Manual Task 5.2 Startup Support and Training Task 6 Post Construction,Construction Closeout and Documentation Task 6.1 Construction Document Closeout Task 6.2 Substantial and Final Completion Task 6.3 Warranty Period Services Task 6.4 Record Drawings Task 6.5 Oregon Clean Water SRF Documentation Task 7 Safety Task 7.1 Health,Safety and Environment Plan Task 8 Environmental Compliance Monitoring—Quality Verification Task 8.1 Environmental Compliance Plan Review Task 8.2 Pre-Construction Coordination Task 8.3 ECM QV Commitment Tracking Spreadsheet Review/Status/Updates Task 8.4 ECM QV Oversight of Reporting and Close-out The work included under each subtask is detailed further in the following sections. General Assumptions The level of effort and cost are based on the following general assumptions. • Prolog software will be used as the means of project construction documentation including submittals, RFI's, pay requests, and change orders. • Where deliverable documents are identified, unless noted otherwise,five(5) hard copies of the deliverable will be provided in addition to electronic version in .PDF and original .DOC format. • The project will be constructed under one general contract with a unit price approach. • Submittals will be provided via an electronic document management system (e.g. Prolog). Materials samples and O&M submittals are the only physical submittals anticipated. • Engineer's services during construction are based upon the schedule or duration of construction as follows o Contractor Notice to Proceed on June 3, 2022 o Substantial Completion on or before September 6, 2023 (460 calendar days) o Final Completion on or before October 6, 2023 (490 calendar days) (approximately 17 months duration) • Engineer will not be responsible for the means, methods,techniques, sequences,or procedures of the Contractor, nor will Engineer be responsible for the Contractor's failure to perform in accordance with the Contract Documents. • As required by Oregon Department of Environmental Quality(DEQ),Jacobs will arrange for Professional Engineer to submit to the DEQ a statement certifying that the project has been constructed in compliance with the approved plans and specifications. • As-Built Drawings will be prepared in MicroStation (to be converted to AutoCAD) and will be presented as half-size(11"x17") sheets. Additional assumptions are noted under individual subtasks. City Provided Information and Services The level of effort and cost are based on the following general assumptions for City-provided information and services. 1 1 • City will make its facilities accessible to Jacobs as required for Jacob's performance of its services and will provide labor and safety equipment as required by Jacobs for such access. • City will provide specifications and operations and maintenance data for existing facilities to be affected by planned improvements • City will provide locations of known utilities and utility easements in project area • City staff will actively participate in public involvement and agency consultation meetings • City will provide timely responses to requests for information and review comments • The City will obtain access agreements for construction activities where required. Task 1 Project Management— SDC Phase 1.1 Progress Meetings and Updates Engineer's project manager shall meet with City's project manager once a week throughout the construction phases of the project to review project progress and discuss upcoming work activities. Engineer project manager may also participate in weekly Contractor coordination meetings. Assumptions:Task budget is based on 4 hours per week for progress meeting preparation, progress meeting time, consolidation and distribution of progress meeting notes and as needed participation in weekly Contractor coordination meeting. 1.2 Project Work Plan Engineer shall prepare a general work plan that defines Engineer's delivery approach,staffing, responsibilities,and project deliverables. The following subtasks are provided under this task: • Update and maintain a work plan to include organization, roles, responsibilities, schedule, budget,and staff plan for execution of services during construction or the Project. • Work with Engineer's Project Representative to develop a Construction Management Manual and Construction Quality Assurance Plan. 1.3 Prepare and Submit Monthly Narrative Report and Invoice Engineer shall submit a monthly invoice with a report regarding progress of construction. Task 1 Deliverables:Monthly progress meeting notes, invoice summary reports, invoices,and project work plan. Task 2 Engineering Services During Construction Engineer shall provide services to assist in coordinating the site activities,administering the contract for construction, monitoring the contractor's performance, responding to design and technical submittals, and closing out the contract for construction. 2.1 Document Management System and Procedures Engineer will establish a system and set of procedures for managing,tracking, and storing all relevant documents between the Contractor, Engineer,and City produced during the Construction phase of the project. Engineer will utilize a computer-based document management system selected by the Engineer. Engineer will implement procedures for the logging and tracking of correspondence and documents. Engineer shall, in coordination with the City, maintain electronic and hard copy records,suitably organized, of relevant documentation. Engineer shall assist the City in monitoring all outstanding decisions,approvals or responses required from the City. Task 2.1 Deliverables: Document management instructions. 2.2 Site Coordination 2.2.1 Preconstruction Meeting Engineer's construction manager and project manager will attend one on-site preconstruction meeting with the Contractor and City at the Project site prior to the commencement of construction. 2.2.2 Mobilize On-Site Staff Engineer shall mobilize staff on-site for the duration of the construction to provide site coordination,contract administration and monitor the performance of the contractor. Engineer on-site staff shall mobilize in the field offices to be provided by the Contractor. 2.2.3 Project Site Meetings Engineer's construction manager shall conduct weekly construction coordination meeting with the contractor and prepare and distribute minutes of these meetings. 2.2.4 Site Communications Engineer shall issue other communications during construction as provided in the Contract Documents. Task 2.2 Deliverables: Preconstruction meeting agenda and notes;weekly construction meeting agenda and notes. 2.3 Construction Contract Administration 2.3.1 Permits, Bonds and Insurance Engineer shall verify that the required permits, bonds and insurance have been obtained and submitted by the contractor. This work will be performed primarily under Task 4.An allowance for support from office staff has been included. 2.3.2 Correspondence and Communication Engineer shall coordinate all written communication among the contractor, Engineer and City during the construction phase. Engineer shall prepare written communication to the contractor and provide recommendations to the City for written communication between the City and contractor. Assumptions: Required information will be stored in Prolog with distribution through Outlook. 2.3.3 Payments to Contractor Engineer shall receive and review the contractor's monthly requests for payment. Engineer shall determine whether the amount requested reflects the progress of the contractor's work and is in accordance with the contract for construction. Engineer shall provide recommendations to the City as to the acceptability of the requests. Engineer shall advise the City as to the status of the total amounts requested, paid, and remaining to be paid under the terms of the contract for construction. Engineer's knowledge, information,and belief from its observations of the work on site and selected sampling that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by Engineer to ascertain that the contractor has completed the work in exact accordance with the contract for construction;that Engineer has made an examination to ascertain how or for what purpose the contractor has used the moneys paid;that title to any of the work, materials or equipment has passed to the City free and clear of liens, claims,security interests or encumbrances. This work will be performed primarily under Task 4.An allowance for support from office staff has been included. Task 2.3 Deliverables: Payment recommendation,written communication to contractor. 2.4 Contract Changes Engineer will assist the City with the issuance of changes to the contract for construction. Assumptions:The Level of effort is an allowance of 80 hours for this subtask. 2.4.1 Defective Work Engineer shall disapprove or reject work which Engineer believes to be defective,or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2.4.2 Minor Variations in Work(Field Order) Engineer may authorize minor variations in the work from the requirements of the Contract Documents which do not involve an adjustment in the contract price or the contract times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2.4.3 Engineer/City Initiated Changes (Work Change Directive) With input and assistance from the City, Engineer will take the lead in issuing any changes to the contract for construction. Engineer will receive and review the Contractor's response to the request for change and will obtain such further information to evaluate the basis for the Contractor's proposal.With input from the City, Engineer will lead the negotiations for the agreed to change and, upon approval by the City, prepare final change order documents for execution by the City and Contractor. 2.4.4 Contractor Requested Changes (Change Order) Engineer will review Contractor requested changes to the contract for construction. Engineer will make recommendations to the City regarding the acceptability of the Contractor's request and, upon approval of the City, lead negotiations of the requested change. Upon agreement and approval, Engineer will prepare final change order documents. 2.4.5 Coordinate Issuances of Changes Engineer shall assist the City with the issuance of changes to the contract for construction. Engineer shall receive and review the contractor's response to the request for change including cost, construction schedule,duration and completion date and will obtain such further information as is necessary to evaluate the basis for the contractor's proposal. Engineer shall assist the City with negotiations of the proposal and, upon approval by the City, prepare final change order documents for execution by the City and contractor. Engineer shall review all contractor-related changes to the contract for construction including impact on cost, construction schedule, duration,and completion date. Engineer shall make recommendations to the City regarding the acceptability of the contractor's request,and, upon agreement and approval, Engineer shall prepare change order documents. 2.4.6 Change Order Reports Engineer will provide reports to the City about the status of Change Orders.The report will include issued Change Orders, pending change orders,and change order amounts. Task 2.4 Deliverables: Defective work notices;field orders;work change directives;change order documents;and change order reports. 2.5 Project Controls 2.5.1 Contractor's Schedule Submittal Engineer shall review the contractor's initial construction schedule and verify that it is consistent with the requirements of the contract for construction. Engineer shall advise contractor of any areas where the schedule is not in compliance with the contract for construction. Engineer shall provide comments to the City to assist with City in approving, accepting, or taking other action on the contractor's schedule,in accordance with the contract for construction. This work will be performed primarily under Task 4.An allowance for support from office staff has not been included. 2.5.2 Contractor's Schedule Updates Engineer shall review the contractor's periodic schedule updates or other schedule submissions. Engineer shall advise the contractor if the updates or other submissions are not in accordance with the contract for construction. Engineer shall provide comments to the City regarding the updates or other submissions. This work will be performed primarily under Task 4.An allowance for support from office staff has not been included. . 1 2.5.3 Reports During Construction for Compliance Clean Water SRF Program Engineer shall prepare reports as required by the Clean Water SRF(CWSRF) program during construction for City's review and submission. Engineer shall maintain current the documentation for the reports on the document management system. Clean Water SRF reports include: CWSRF Monthly Inspection Reports(Form DC-2) and CWSRF Change Order Summary (Form DC-5). Receipt of contractor's documentation by the Engineer shall be a requirement of recommendation of approval of contractor's pay request. Jacobs will draft the Draft and Final Performance Evaluation Standards and 50%and 90% construction completion in accordance with the DEQ Design-Bid-Build Manual for the Clean Water State Revolving Fund It is understood that the City will be responsible for or contract with a third-party to complete the following: DBE Utilization Reports, CWSRF Disbursement Requests, and American Iron and Steel Certification Forms. Assumptions: • CWSRF Monthly Report is limited to providing responses for items 1.a, 1.b, 2.a, 2.b, 3, 5.b and 6 on Form DC-2. • Draft and Final Performance Evaluation Standards will conform to the DEQ State Revolving Fund Design-Bid-Build Manual(January 2022) requirements and Condition 9 listed in the DEQ PLAN APPROVAL Letter dated March 1, 2022. Task 2.5 Deliverables: DEQ CWSRF reports, Draft and Final Performance Evaluation Standards. 2.6 Claims and Disputes Engineer shall receive, log,and notify the City about all letters and notices from the contractor concerning claims or disputes between the contractor and City pertaining to the acceptability of the work or the interpretation of the requirements of the contract for construction. Engineer shall review all such letters and notices and will discuss them with the contractor as necessary to understand each such claim or dispute. Engineer shall advise the City regarding the contractor's compliance with the contract requirements for such claims and disputes. Engineer will assist the City in discussions with the contractor to resolve claims and disputes. Engineer will not issue decisions on Contractor claims or disputes. Engineer shall issue recommendations to the City on contractor claims or disputes. Engineer will not, except as part of Additional Services, undertake comprehensive and detailed investigation or analysis of Contractor's claims and disputes,nor participate in judicial or alternative dispute resolution procedures for the claims or disputes. Assumptions:The level of effort includes an allowance of 24 hours for this subtask. Task 2.6 Deliverables:Written documentation related to claims and disputes. 2.7 Interpretation of Contract Documents (RFIs) Engineer shall issue written clarifications or interpretations of the requirements of the Contract Documents as necessary. Per common construction language,these are called "Requests for a I Information (RFIs)". Engineer will coordinate such review with City. Engineer will log and track the Contractor's requests. Assumptions:Up to 30 RFIs will be answered by the RPR,and up to 30 RFIs answered by Office Staff. Task 2.7 Deliverables: RFI log will be located in construction the document management system, RFI review comments documented in the construction document management system. 2.8 Submittals/Shop Drawing Reviews Engineer shall obtain from the contractor a proposed shop drawing and submittal schedule, which will identify all shop drawings,samples and submittals required by the contract for construction with the anticipated dates for submission.The contractor shall submit all submittals and shop drawings to Engineer via the construction document management system. Engineer shall review and approve shop drawings and samples required by the Contract Documents. Engineer shall log and track all shop drawings,samples and submittals. Engineer's review of all shop drawings, samples and submittals shall be for general conformance with the design concept and general compliance with the requirements of the contract for construction. Such review shall not relieve the contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings,samples and submittals is free of errors, inconsistencies or omissions. Assumptions:280 original submittals and 50%resubmittals will be reviewed. Task 2.8 Deliverables: Submittal log located in construction document management system, submittal review comments documented in construction document management system. 2.9 Proposed Substitutions Engineer shall assist the City in reviewing and responding to the contractor's request for substitution of materials and equipment. Engineer shall review such requests and advise the City as to the acceptability of such substitutions. Assumptions:The level of effort is an allowance of 40 hours for this subtask. Task 2.9 Deliverables: Documentation of reviews and recommendations for substitution. 2.10 Design Team Visits Engineer shall coordinate visits to the site by the design team members to review progress and quality of the work.The visits shall observe the general quality of the work at the time of the visit and review any specific items of work that are brought to the attention of the design team members by the Contractor or the City. Engineer will typically provide City 48-hour notice of design team member visit. Assumptions: An allowance for a total of 10 general site visits has been included.Assume 5 site visits for civil,and one site visit for mechanical and 4 site visits for the PM to perform construction observation. Task 2.10 Deliverables:Trip Report for each site visit completed. ♦ L 2.11 Testing, Inspection and Survey Services The City will employ or cause the contractor to employ independent firms for material testing, survey services and the Engineer shall complete geotechnical and structural observation services listed below. Engineer will assist in coordinating City provided testing, inspection and survey services. Engineer will review the reports and other information prepared by the independent firms that are provided to the City. Engineer will assist in coordinating their schedules and the transmittal of their reports,findings or other information to the Contractor and the City. Engineer will not be responsible for the accuracy or completeness of the work and reports of the independent testing, inspection,and survey firms. Factory and Off-Site Tests and Inspections: None. Geotechnical Observation of Specialty Work: Up to 3 continuous days for pile installation at the Bear Creek Outfall Structure to determine the required socket depth in the field. Structural Special Inspection: Engineer structural Engineer of Record will make project visits at key points of construction for the Bear Creek Outfall Structure, Flow Diversion Structure and Ashland Pond Intake Structure,and document findings and any defects observed for corrective action. Up to 10 trips will be made to make a pre-concrete-placement observation of the excavation and reinforcing bar,for the first concrete placement,for the exterior walls of the structures,and for final completion of each structure. 2.12 Inadvertent Discovery Archeological Services The City will employ an independent firm for primary management of inadvertent discovery events. Jacobs will provide an archeologist as a backup in case the City's contracted archeologist is unavailable. The scope of these services is limited to making a site visit, securing the area of the site in question (approximately 50-foot by 50-foot area with stakes and caution tape),an initial determination,and preliminary documentation. Fulfilling any regulatory requirements for a determination beyond negative is not included in this scope. Assumptions:This task is an allowance for up to 3 trips to the site for a total of 72 hours. Task 2.12 Deliverables:Trip Report. Task 3 Public Outreach Support 3.1 Descriptions/Objectives This task will provide limited support to the City for communicating project information to public during construction of the Project. Specific activities are to be authorized in advance as tasks by the City. Assumptions: • This task is an allowance of 56 hours. • The City will be leading all public outreach and the Engineer is only providing office support • Attendance at public meetings is considered Additional Services. Task 3.1 Deliverables: Drawings and other design materials,such as posters and PowerPoint presentations that may be requested,to the limits of the task budget. Task 4 Construction Management/Field Services Engineer shall provide one on-site part-time Resident Project Representative three days per week for duration of project.These construction contract management services are based upon the responsibilities, authority and limitations of authority set forth in the Contract Documents for the Resident Project Representative and are further described and limited as follows: Review of Work:When the Resident Project Representative is on site,they will conduct daily on- site observations of the Contractor's work for the purposes of determining if the work generally conforms to the contract for construction and that the integrity of the design concept as reflected in the contract for construction has been implemented and preserved by the Contractor. Engineer's Resident Project Representative will prepare written reports, diaries, or other records of their observations. Engineer's Resident Project Representative will arrange for monthly photographs of the work in progress by the Contractor,which will be made available to the Owner. Engineer's observation of the work is not an exhaustive observation or inspection of all work performed by the Contractor. Engineer does not guarantee the performance of the Contractor. Engineer's observations shall not relieve the Contractor from responsibility for performing the work in accordance with the contract for construction,and Engineer shall not assume liability in any respect for the construction of the project. Engineer shall,with the assistance of the Owner, obtain written plans from the Contractor for quality control of its work, and will monitor the Contractor's compliance with its plan. Responsibilities and Authority of Resident Project Representative The Resident Project Representative(RPR) is expected to follow the responsibilities and exercise authority as designated by the Contract Documents. • Schedules:Review and monitor Progress Schedule,Schedule of Submittals,and Schedule of Values prepared by contractor and consult with Engineer concerning acceptability. • Conferences and Meetings:Conductor attend meetings with contractor,such as preconstruction conferences,progress meetings,Work conferences and other Project related meetings. • Liaison:(i)Serve as Engineer's liaison with contractor,working principally through Contractor's authorized representative,and assist in understanding the intent of the Contract Documents;(ii)assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's onsite operations; (iii)assist in obtaining from Owner additional details or information when required for proper execution of the Work • Interpretation of Contract Documents:Inform Engineer and Owner when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor technical clarifications and interpretations as issued by Engineer,or non-technical clarifications and interpretations of the Contract Documents issued by Owner. • Submittals:Receive submittals that are furnished in the construction document management system by Contractor and notify Engineer of availability for examination.Advise Engineer and Contractor of the commencement of any Work or arrival of materials and equipment at Site,when recognized,requiring a Shop Drawing or Sample if the submittal has not been approved by Engineer. • Modifications:Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and provide recommendations to Engineer;transmit to Contractor,in writing decisions as issued by Engineer. • Review of Work and Rejection of Defective Work based on assumption of RPR being on-site three days per week(i)Conduct onsite observations of the Work in progress to assist Engineer in determining if the Work is,in general,proceeding in accordance with the Contract Documents;(ii)inform Engineer and Contractor whenever RPR believes that any Work is defective;(iii)advise Engineer whenever RPR believes that any Work will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents,whenever RPR believes Work should be uncovered for observation,or requires special testing,inspection,or approval;(iv)monitor to ensure that tests,equipment and systems startups and operating and maintenance training are conducted in the presence of appropriate personnel,and that Contractor maintains adequate records thereof,(v)observe,record and report to Engineer appropriate details relative to the test procedures and startups;and(vi)accompany visiting inspectors representing public or other agencies having jurisdiction over the Project,record the results of these inspections and report to the Engineer. • Inspections,Tests,and System Startups:Contractor will employ independent firms for the material testing, specialty inspection,survey,or other services related to verifying the Contractor's work Engineer will work with the Contractor to coordinate these independent services as needed and necessary to help facilitate the overall construction process. Engineer will(i)Verify tests,equipment and systems startups and operating and maintenance training are conducted in the presence of appropriate personnel,and that Contractor maintains adequate records thereof,(ii)observe,record,and report to Engineer appropriate details relative to the test procedures and system startups and(iii)accompany visiting inspectors representing public or other agencies having jurisdiction overthe Project,record the results of these inspections,and report to Engineer. Engineer will review the reports and other information prepared by the independent firms.Engineer will assist in coordinating their schedules and the transmittal of their reports, findings,or other information to the Contractor.Engineer shall not be responsible for the accuracy or completeness of the work and reports of the independent testing,inspection,and survey firms. • Records:(i)Maintain at the Site files for correspondence,conference records,Submittals including Shop Drawings and Samples,reproductions of original Contract Documents including all Addenda,the signed Agreement;Written Amendments,Work Change Directives,Change Orders,Field Orders,additional Drawings issued after the Effective Date of the Agreement,Engineer's written clarifications and interpretations,progress reports,and other Project related documents;(ii)keep a record of pertinent Site conditions,activities,decisions and events. • Reports:(i)Furnish Engineer periodic reports of progress of the Work and of Contractor's compliance with the Progress Schedule and Schedule of Submittals;(ii)consult with Engineer in advance of scheduled major tests,inspections or start of important phases of the Work and(iii)assist in drafting proposed Change Orders,Work Change Directives,and Field Orders,and obtain backup material from Contractor as appropriate. • Payment Requests:Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer,noting particularly the relationship of the payment requested to the Schedule of Values,Work completed,and materials and equipment delivered at the Site but not incorporated in the Work • Certificates,operation and Maintenance Manuals:During the course of the Work,verify materials and equipment certificates and operation and maintenance manuals and other data required by Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents,and ensure these documents have been delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work • Substantial Completion:(i)Conduct an inspection in the company of Engineer,Owner,and contractor and prepare a list of items to be completed or corrected;(ii)submit to Engineer a list of observed items requiring completion or correction. • Final Completion:(i)Conduct final inspection in the company of Engineer,owner,and contractor,and (ii)notify Contractor and Engineer in writing of all particulars in which this inspection reveals that the Work is incomplete or defective;and(iii)observe that all items on final list have been completed,corrected,or accepted byOwnerand make recommendations to Engineer concerning acceptance. Limitations of Authority Resident Project Representative will not: • Have authority to authorize a deviation from Contract Documents or substitution of materials or equipment,unless authorized by Owner;or • Exceed the limitations of Engineer's authority as set forth in Contract Documents,or • Undertake any of the responsibilities of contractor,subcontractors,suppliers,or contractor's authorized representative;or • Advise on,issue directions relative to,or assume control over an aspect of the means,methods,techniques, sequences,or procedures of contractor's work unless such advice or directions are specifically required by. the Contract Documents;or • Advise on,issue directions regarding,or assume control over safety practices,precautions,and programs in connection with the activities or operations of Owner or Contractor;or • Participate in specialized field or laboratory tests or inspections conducted offsite by others,except as specifically authorized by City,or • Accept Shop Drawings or Samples from anyone other than contractor;or • Authorize Owner to occupy the Project in whole or in part or • Take an action that would affect Owner's obligations related to scope or schedule of the Work. 4.1 Resident Project Representative Assumptions: • The RPR will be on-site 3 consecutive days per week for up to 142 working days,when the Contractor or their sub-contractors are performing active construction. • The RPR will not be on-site (i) 2 days per week during active construction and (ii)for periods of time when the site is temporarily stabilized, and no active construction is in progress. 4.2 Resident Project Representative (Owner-Held Contingency) Assumptions: • The City will authorize use of budget for this task in writing or by email if the contractor exceeds 330 calendar days for Final Completion or if there are circumstances, mutually agreed upon by the City and Engineer,that require greater than 3 days per week of on-site presence, up to the contracted amounts. • The RPR will be on-site 3 consecutive days per week for up to 68 working days,when the Contractor or their sub-contractors are performing active construction. • The RPR will not be on-site (i) 2 days per week during active construction and (ii)for periods of time when the site is temporarily stabilized, and no active construction is in progress. Task 5 O&M Manual and Startup Support 5.1 Operations and Maintenance Manual. Engineer shall develop modifications to the WWTP Operations and Maintenance manual describing the operation and maintenance of facilities and systems constructed and modified by this Project.The manual will explain the various primary modes of operation that may be used, including both normal operation and initial emergency operation procedures.Where appropriate, reference will be made to the manufacturer's detailed O&M submittals. The manual will be suitable for use as an operational tool and to facilitate operator training. Draft modifications to the Manual that describes the operation and maintenance of the new facilities will be prepared and submitted to the City review prior to the 50%point of construction completion. Engineer shall then incorporate City review comments into a final updated O&M Manual to be delivered with Final Completion. Task 5.1 Deliverables: Electronic copies of modifications to the WWTP O&M Manual will be prepared for City's use. Draft and final copies in MS WORD and PDF format. 5.2 Startup Support and Training Engineer will provide engineering and operations and maintenance support during startup. Engineer will ensure that the new systems are operating as they were designed.This assistance includes: • Prepare a Plan of Operation to identify specific actions and related completion dates for startup and operation of new facilities. • Review Contractor's startup plan. • Provide training material for the new and modified facilities.These materials shall cover both the basic operational concept and actual operation of the systems and components under both normal and abnormal operations that are likely to occur. Task 5.2 Deliverables: Plan of Operation,Training PowerPoint slides. Task 6 Post Construction, Construction Closeout and Documentation 6.1 Construction Document Closeout Engineer shall finalize documentation and project notebooks associated with Engineer support during the construction phase, providing any critical information and documentation to the City, and archiving critical backup files and documents. Engineer shall provide to the City an organized set of electronic project documents and records exported from Prolog. An export of the Prolog data will be provided on a portable external hard disk drive or USB flash drive. Engineer shall coordinate with the Contractor for the submission of required warranties, guarantees, lien releases and other similar documents as required by the contract for construction. Engineer will advise the City as to the acceptability and compliance of these documents with the contract for construction. 6.2 Substantial and Final Completion Engineer shall assist the City in issuing Contractor notification for substantial and final completion and final acceptance of the work. Engineer will advise the City on payment,and partial release of retention,final payment, release of retention,and release of insurance and bonds. Assumptions: • Substantial Completion site visit will be attended by up to 2 office staff and the CM. • Final Completion site visit will be attended by up to 2 office staff and the CM. 6.3 Warranty Period Services Engineer shall coordinate with the contractor for,the submission of required warranties, guarantees, lien releases and other similar documents as required by the Contract Documents. Engineer shall advise the City as to the acceptability and compliance of these documents with the Contract Documents. Engineer will provide the following warranty performance review services during the one-year warranty period to assist the Owner in coordinating corrections of deficient equipment or construction: Participate in an end-of-warranty period inspection one month prior to completion of the warranty period for the construction contract and provide a letter identifying any deficiencies found and recommended actions. An allowance is provided for up to 2 site visits with up to 2 Jacobs staff for a total of 48 hours as requested by Owner during the warranty period to monitor contract deficiencies in workmanship, materials or equipment and prepare correspondence informing the Contractor of such deficiencies and observing correction of deficiencies. Task 6.3 Deliverables: Letter identifying deficiencies, and acceptance of corrective work. 6.4 Record Drawings Engineer will update 2-dimensional record drawings on the basis of information furnished by the contractor and field staff. Following substantial completion,these updates will be checked by Engineer field staff against all RFI's and any changes to design. Field staff shall inspect the contractor redlines monthly,prior to approving contractor pay request. No formal updates to specifications will be prepared or performed as part of this work.The field staff is anticipated to keep an updated set of specifications in the field office noting changes authorized by the Contract. Task 6.4 Deliverables: 1 electronic copy of half and full-size drawings in PDF and AutoCad formats; 3 hard copies of half-size drawings on bond paper. 6.5 Oregon Clean Water SRF Documentation Engineer shall assemble project documentation and furnish to City to support CWSRF Loan closeout.This work is expected to include the Loan Construction Certification Form (AC1), Performance Evaluation Report one year after construction and Certification (AC2). Assumptions: Performance Evaluation Report will conform to the DEQ State Revolving Fund Design-Bid-Build Manual(January 2022) requirements listed in Section 5.2 which consist of a summary of the results of the specified warranty inspection. Task 6.5 Deliverables: CWSRF Loan Construction Certification Form and the Performance Evaluation Report. Task 7 Safety Engineer shall manage the health,safety and environmental activities of its staff and the staff of its subcontractors to achieve compliance with applicable State and Federal health and safety laws and regulations. Engineer will prepare a Health Safety and Environment(HS&E) Plan covering its staff activities. It is assumed that confined space entry is not required by Engineer employees. Engineer shall coordinate its health,safety and environmental program with the responsibilities for health,safety and environmental compliance specified in the contract for construction. Engineer shall coordinate with responsible parties to correct conditions that do not meet applicable federal,state and local occupational safety and health laws and regulations,when such conditions expose Engineer staff, or staff of Engineer subcontractors,to unsafe conditions. Engineer shall notify affected personnel of any site conditions posing an imminent danger to them which Engineer observes. Engineer is not responsible for health or safety precautions of construction workers. Engineer is not responsible for the contractor's compliance with the health and safety requirements in the contract for construction,or with federal,state,and local occupational safety and health laws and regulations. Task 8 Environmental Compliance Monitoring — Quality Verification The Environmental Compliance Monitoring—Quality Verification (ECM QV) services are intended to assist Client as ECM QV to monitor the environmental compliance performance of the construction Contractor,verify that the Contractor's work is in compliance with the permit commitments,and assist Client in responding to permit compliance events that occur during construction. ECM QV Services shall be for general conformance with the permit commitments and general compliance with the requirements of the contract for construction. Such reviews shall not relieve the Contractor from its responsibility for compliance in accordance with the permit commitments and contract requirements, nor is such review a guarantee that the submittals are free of errors, inconsistencies, or omissions. Assumptions • In the case of any violations of permit conditions,Jacobs is not responsible or liable for any penalties imposed or construction downtime related to stop work orders issued by the regulatory authorities. • This scope and budget do not include work to revise or amend any permits or approvals or additional contact and negotiations with Agencies. • Construction is assumed to occur over one season,with in-water work occurring from June 15, 2022 through September 30, 2022. • This scope assumes virtual ECM QV onsite monitoring through site photos. • This task assumes: up to 20 hours to review the ECP, up to 20 hours to participate in pre- construction coordination activities, up to 20 hours to develop the Commitment Tracking Spreadsheet,and up to 16 hours per month for ECM QV Manager oversite of reporting and close-out. • ECM QV staff will report to Client through Engineer PM and will not direct the contractor or contact regulatory agency personnel. • If exceedances of state or federal water quality standards occur, Contractor notifications to agencies will be reviewed by Jacobs ECM QV and coordinated with Client prior to contact. • No mitigation or remediation efforts are accounted for within this scope. 8.1 Environmental Compliance Plan Review Jacobs' ECM QV Manager will review the Contractor's Environmental Compliance Plan (ECP)submittal and other permit required reporting and provide comments along with recommended disposition to the project engineer. Task 8.1 Deliverables: ECP Review Comments in Prolog. 8.2 Pre-Construction Coordination . This task includes efforts associated with reviewing and synthesizing project permits and approvals and completing overall preparatory actions required to verify Contractor's BMP implementation,on-site monitoring activities and permit required reporting in accordance with regulatory requirements. • Attend one on-site pre-construction meeting for environmental and constructability reviews. This meeting will review environmental commitments with Client and Contractor staff. Meeting will cover the Contractor's ECP implementation, requirements from agency permits and approvals, applicable water quality requirements, best management practices(BMPs) and methods for compliance, and monitoring schedule and effort. - • Coordinate with the Contractor,and agencies as needed to verify pre-construction notifications are completed. 8.3 ECM QV Commitment Tracking Spreadsheet Review/Status/Updates This task includes developing and maintaining the QV Commitments Tracking Spreadsheet for the project.The Commitments Tracking Spreadsheet will contain commitments, deliverables, reports, and notifications required by all permits and approvals for the project. Jacobs will maintain the QV Commitment Tracking Spreadsheet week to week and provide a monthly update to Client to verify continued permit compliance by the Contractor.Also included a list of notification requirements for construction activities with contact information and timing for each required notification. Task 8.3 Deliverables: ECM QV Commitments Tracking Spreadsheet. 8.4 ECM QV Oversight of Reporting and Close-Out ECM QV Oversight Reporting includes providing Client with weekly updates and monthly reports on Contractor's provision of agency documentation as stipulated in the project permits and approvals obtained for this action.Verification of close-out reporting to Agencies as required is also included. Task 8.4 Deliverables: • Weekly status updates emailed to Client project manager and Jacobs project manager. • Verification of timely submission of results of water quality sampling. • Verification of pre-and post-construction notifications to agencies as required.This includes review and verification of the Contractor close out for the project with any reporting or required information from permit and/or regulatory requirements. • Verification of Turbidity Monitoring Reports per NPDES permit and Biological Opinions,as required by NMFS and USFWS • Completion of a post-project final QV Commitments Spreadsheet to Client documenting permit commitments met during the project. Additional Services The following services shall be considered as Additional Services. No budget has been included for Engineer to support the following: • Services related to development of the Owner's project financing and/or budget. • Services related to disputes over pre-qualification, bid protests, bid rejection and re-bidding of the contract for construction. • Services related to provision of Owner furnished equipment, materials,and supplies, other than those authorized herein. • Services related procurement or management of third-party contractors. • Performance of materials testing,specialty testing and surveying services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire,flood, earthquake,or other acts of God. • Services related to the Owner's operation and use of the completed project other than as specifically provided in the above scope of work. • Services related to warranty claims, enforcement,and inspection, other than those authorized herein. • Services for the investigation and analysis of contractor claims; preparation of reports on contractor claims; provision of professional claims analysis services; participation in litigation or alternative dispute resolution of claims. • Preparation for and serving as a witness in connection with any public or private hearing or other forum related to the project. • Services supporting the Owner in public relations activities, other than those authorized herein. • Development, coordination, or participation in partnering programs. • Value engineering or similar value analysis studies. • Services for review and/or preparation of Owner or Contractor proposed changes to the project beyond the budgeted allowance. • Services to support, prepare,document, bring, defend, or assist in litigation undertaken or defended by the Owner. • Performing periodic labor evaluations and processing prevailing wage documentation. • Engineer shall perform miscellaneous and supplemental services related to the project as requested by the Owner • Any other services designated in this scope of services as additional services. Estimated Budget Jacobs will perform work on a time and materials basis.The budget for the Phase 3 work is $996,550.The fee estimate is based on raw labor cost times 3.1 and expenses at cost. A detailed breakdown of hours, labor costs, expenses,and total cost by subtask is provided in the attached Exhibit B. Schedule The scope and budget are based on the following schedule for the Phase 3 work, assuming notice to proceed is issued on or before June 3, 2022: Contractor NTP issued:June 3, 2022 Final Completion:October 23, 2023 Project Closeout: December 15, 2023 Exhibit B Document Project Jacobs TOTAL LABOR, Ashland WWTP Outfall Relocation Project Design Construction SDC Controls/ Project ECM QV Sr.CAD Assistant/E Labor Jacobs SUBCONTRACT& Phase 3 Services During Construction Manager CSL Manager Manager Coordinator Prolog Admin Engineer/Lead Manager Archeologist (incl DDL) MISC CAD Accounting ditor Hours Labor Dollars Expenses EXPENSES Matt Craig Todd Art Teresa Rajesh James Rob Garrett Shireen Baldwin Massie Dye Bowcock Riddle Bangdiwala TOD Adrian Braxton Mayer Cowan TBD Bates Dalton 2022 Rate $192.56 $275.00 $216.18 $184.82 $100.55 $149.04 $170.50 $214.34 $175.42 $176.22 $130.00 $135.08 $118.86 1.8 ProjecfManagement -.,-_.;-..- _ t-,- `_- ..r •.. _ _ _ ,. ., ». _ _ .. . . 1.1 Progress Meetings and Updates 272 17 289 $ 57,053 $ 500 $ 57,553 1.2 Project Work Plan 12 1 4 4 4 25 $ 5,047 $ 25D $ 5,297 1.3 Monthly Narrative Report and Invoice 34 17 17 68 $ 10,864 $ 10,864 2.0:Engineering Services During Construction - ' - _ .- '"" -. - -• - -' _ •- - _ - - 2.1 Document Management System and Procedures - 20 12 340 108• - 480 $ 56,730 $ 56,730 2.2 Site Coordination 17 17 34 $ 6,949 $ 6,949 2.3 Construction Contract Administration 40 40 S 7,703 $ 7,703 2.4 Contract Changes 30 20 40 90 $ 16,921 $ 16,921 2.5 Project Controls 42 42 $ 8,088 $ 8,088 2.6 Clalms and Disputes 24 - 24 $ 4,622 -$ 4,622 2.7 Interpretation of Contract Documents(RFIs) 135 20 80 235 $ 37,704 $ 37,704 2.8 Submittals/Shop Drawing Reviews 500 20 520 $ 89,537 $ 89,537 2.9 Proposed Substitutions'•• 8 8 8 16 40 $ 7,477 $ 7,477 2.10 Design Team Site Visits••• 120 120 $ 20,46D $ 1,800 $ 22,260 2.11 Testing,Inspection and Survey Services 40 156 196 $ 34,301 $ 2,600 $ 36,901 2.12 Inadvertent Discovery Archeological Services*" 72 - 72 $ 12,630 $ 1,063 $ 13,693 3.0:PubllcOutreach.Support•-`•_- - - . • -16. 8.-. :,'•16 _ -- -.-16' - - - _ - .' 56'$c. .• _11;468.:$: '1500..$ , 41,968, 4,0"Construction'Management/•Field.Services•.,. .-' -• -_ - -...- - _ , .. -. -� -. " 4.1 Resident Project Representative 1420 1420 $ 262,451 $ 31,637 5 294,088 4.2 Resident Project Representative (Owner Held Contingency) 680 680 $ 125,681 $ 15,340 $ 141,021 S:OOperations and Maintenance Manual Support:.•�..-"• - -` - °. •-'t -_..-• -..i':.-. -"°�-""" '•" :' _ 5.1 O&M Manual 8 16 16 4 44 $ 6,824 $ 250 $ 7,074 52 Startup Support and Training 16 24 40 $ 7,173 $ 500 $ 7,673 6.0,Post Constructlon,.Construction Closeout and.Documentation -- '" - .. -' "' ' - •-, - - ' - -, - - - - - 6.1 Construction Document Closeout 16 16 32 $ 5,809 $ 250 $ 6,059 6.2 Substantial and Final Completion 24 24 48 $ 9,28D $ 500 $ 9,780 6.3 Warranty Period Services... 24 24 48 $ 9,280 $ .1,000 $ 10,280 6.4 Record Drawings 30 24 50 8 50 162$ 27,356 $ 500 $ 27,856 6.5 Oregon Clean Water SRF Documentation 8 8 B 24 $ 4,634 $ 4,634 7.1 Health,Safety and Environment Plan 8 8 16'$ 3,270 $ 50D $ 3,770 8.0 Environmental Compliance-Monitoring=Quality.Verigcation 8.1 Environmental Compliance Plan Review _ 20 20 $ 4,287 $ 4,287 8.2 Pre-Construction Coordination 20 20 $ 4,287 $ 1,050 5 5,287 8.3 ECM QV Commitment Tracking Database ReviewlStatuslUpdates 20 20 $ 4,287 5 4,287 8.4 ECM QV Oversight of Reporting and Close-Out 272 272 $ 58,300 $ 58,300 1Totat Hours "' •'"- :""' 6115 - 26� 171;: 2;136' 340 1108 '1,145':`. -,376 •72 *• ,8'.i. 146, - .,17",., `-211 ;5,177a;$. '920,469 +$:„ 56;690.r$.: `'.977;159; •••Denotes Allowance Task Budget Labor $920,469 Subconsultanis $0 Expenses $56,690 2023 Labor Escalation $19,391 $996,550 Page 1 Revised 5191202211:44 AM ATTACHMENT 2 'Q.11'87 OF ASALAN'.. ASHLAND, OREGON ,.olppiNqiwgosmo. r.s CONTRACT DOCUMENTS for the construction f the CITY or ASHLAND WASTEWATER TREATMENT PLANT OLiTFALL.R.E1,0,CATION voLiuma 1: SPECIFICATIONS Project No. 2913,21 *4004: JACOBS 0** coi*allis,Oregon mArehi2022. Jacobs 2922:All rights 0$0n,ed:.. Tins ClObOmein and the ideas and designs incorporated 1ercin i an jOstrument of professional sevic ,i ihc property Of. klanobS nnii is not.to b used in whole orpart,for.day otlior-pkject Without the Written nOthotiption of Jacobs, ProjectNo.D3521000 Copy NO. 2 • CITY OF ASHLAND 'W4gfEWATER TREATMENT PLANT OUTFALL RELOCATION NOTE TO BIDDER: Use typewriter or ink for completing this Bid porin. tillaypiRm (STIPULATED PRICE BASIS) 1. BI p RECIPIENT 1.1. This Bid is submitted to: Owner; City of Ashland Oregon - Address: SiSliyou Conference Rooth Community Development Building Si Milburn Way,Ashland;Oregon 97520 Mailing Address; 20 East Main Street, Ashland,Oregon 97520 , Project Identification; 'Project No.2013-21:Wastewater Treatment Plant !Outfall Relocation LI The undersigned Bidder,proposes and iv*, if this Bid is accepted,to enter into an Agreementwith Owner in the form included in the Bidding Documents to perform all Work as specified orindiCated in the Bidding Documents for the prices and within the times indicated in this Bid arid in accordance with the ether terms and conditiOns of the Bidding Documents. 2. BIDDER'S ACKNOWLEDGEMENTS 2 1 Bidder aaCeptS all of the terns and ConditionS of;the InstiliCtionS to Bidders including without limitation those dealing with the disposition of Bid securityi This Bid will remain subject to acceptance for 60 day0.after the Bid opening, or for such longer period of time that Bidder may agree to in writing Ligon reouett Of Owner. PW\DEN0031M527000 BID FORM. MARCH2022 0041 13- 1 OCOPYRIONT 2022 JACOBS D.- WASTEWATER TREATMENT PLANT CITY OFASHLAN OUTFALL RELOCATION 3. BIDDER'S REPRESENTATIQNS 3.1, In submitting this.13id,Bi presents that: 3.1,1. Bidder has examined and carefully Studied the Bidding Documents,the other related data identified in the Bidding Documents,and the Following Addenda,receipt ófwhich ithereby 4C.151i!ziWledged. Addendum No. Addendum Date 4:%10.0` 41 Kt'2-6 (Bidder shall insert number Of each Addendum recoil-NO Bidder has visited the Site and become familiar with and is satisfied as to the general,local,and Site conditions that may affect cost,progress, and perforinance of the Work, 5.1 j. Bidder is familiar with and is satisfied as.to all Laws and Regulations that may affeet eOst; pregress, and performance Of the Work, 3.1.4. Bidder has carefully studied: i)reports of explorations and tests of subsurface conditions at or contiguous to the Site and drawings of physical conditions relating to existing surface or Subsurface Structures at the Site (except Underground Fadilities)which have been identified in Paragraph 5:03 of the Supplementary Conditions as containing reliable"technical data,"; and ii)reports and drawings of Hazardous EMeironmeOtal Conditions, if any,at the Site that have been identified hi Paragraph 5.00 of the Supplementary Conditions as containing.r.oliable tephrtital data," 3.1.5. Bidder has considered the infOrthrition known to Bidder; information commonly known to contractors tieing business in the locality of the Site; information and abseil/Atkins obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents,with respect to the effect of such information, ObServations, and documents on(1)the cost,OrOgfesS,and pet tottlatiCe of the Work;(2)the means,qiethods, techniques, sequences,and procedures of construction to be employed by Bidder, including applying the specific means, Method*,techniques,sequences, and tirocpd9tes.of construction expressly required by the Bidding Documents,and(3)Bidder's safety precautions and programs, BID FORM PW\DEN0031D3527000 00 41 13 MARCH_2622 C.COMIGHT 2022,.1AC0.135 CITY OF ASHLAND WASTEWATER TREATMENT Plj.VNIT OUTPALL RELOCATION 3.1,0. Based On inforinationand observations referred tri in.paragraph above;Bidder does not Consider that further examinations, investigations, explorations,tests, studies, or data are necessaryfOr the determination Of this Bid for performance of the WO& at the priCe(S)Bid and within the times required, and in accordance with the other tern-O.:and:conditions-of the Bidding DOcuments. 3,1.7. Bidder is aware of the-general nature 0f-Work to be performed by Owner.and others at theSitediat relateS to the Work as indicated in the Kidding Document. 3..1.8. Bidder has given Engineer.Written notice of conflicts,'effort, ambiguities, oi discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. The Bidding Documents,are generally sufficient to indicate and convey tilicipt*Odfrig of terms and conditions fOr the performance of the'Work for which this Bid is.submitted. 4. BIDDER'S CERTIFICATION 4.1: Bidder certifies: 4.1,1, This Bid is genuine and not made in the interest oflor on behalf Of any ondiselosectindiyidnal or entity and is notsubmitted in'conformity with any collusive agreernent or rules of any gi.oup, association,organization or , corporation; " . • . • . 4J Bidder has not directly.or indirectly induced.Or solicited ow other Bidder to submit a false or Sham.Bid;, Bidder has not solicited or induced any individual or entity to refrain from bidding;and 4.1.4. BidderhaS not engaged in tOrrnpt, fratillttlent,tellusiye;or coercive practices,in competing foil the Contract. Per the purposes of this!paragraph: 4,1.4,1, "corrupt practiee'? means the offering, giving,receiving, oi soliciting ofanything of value likely to influence the action of a.public official in the'bidding:piocesa; "fraudulent practice" means an intentional misrepresentation of fatismade(a)to itiflitence.the bidding process to the detriment of :PW\OPIQII:.065.57900 FORM MARCH2022 00 41 13 -3 ©COPYRIGI IT 2022 IA.C108$, WASTEWATER TREATMENT PLANT CiTY OF ASHLAND OUTFALL RELOCATION Owner, (bi establish Bid prices at artificial nopcOnipetitive levels,,or • (0)to deprive Owner of the betiefits Of free Obd open'cOrnpetition; "fcallusivepraCtice"means a SChetne or arrangement bOtWech two or more Bidders,with or Without the knowledge of Owner, a puipose of which is to establish Bid prices at artificial,noncompetitive levels;and "coercive Practice"means*thing Or threatening to bairn, directly Or indirectly; persons or their property to influence their participation in the bidding processor affect the execution of the COntraCt. 4 15 Required sakes and use taxes ate included in the stated Bid prices for the Work unless provision is mado herein for the Bidder to separately itemize the estimated amount of sales tax or if insoietions to Bidders state Owner is tax eXernpt. 43.6. Bidder accepts the provisions required bY the Davls Bacon Act (40 USC 276a) relating tQ prevailing wage rates and that Bidder shall make applicable restitution to the Oregon Bureau of Labor and industries Commissioner in accordance.With ORS 179C.825. 4:1.7. Neither Bidder nor their Subcontractors are on the Bureau of Labor and Industries list of person's having-violated prevailing wage rate laws. 4.1.8, Bidder has not dikoritninated against minority,women,or emerging small business enterprise's in Obtaining required subeontraOts. 4.1.9'. Bidder is not in Violation of any tax laws deactibed in ORS 365,385, 4.1..10, Bidder has established a'drug-testing prograin for employees per ORS 279C505. 4:1,11. In aeeordanee With OAR 07-94970100i Subcontractors perfOrming work Will be registered with the Construction Contractors 13oardlbefore Subcontractor cOnithendeS WOrk. BID FORM PW\OEN005\W527000 0041 MARCH2022 OCOPYRIGHT 2022 JACOBS CITY OF ASHLAND WASTEWATER.TREATMENT.PLANT OUTFALL RELOCATION 5. BASIS OF BIDS 5.1. Bidder shall complete the Walt in accordance with the Contract Documents for the following price(S): 5.2. Unit Price Bid Schedule: 52.I, Unit prices have been computed in accordance with Paragraph 13 of the General Conditions. 5.2.2. Bidder acknowledges that eatitnated quantities are not guaranteed and are solely for the purpose of comparison of Bids,and final payment for all unit price Bid items will be based on actual quantities,determined as provided in the Contract Documents. • Unit Price Bid Schedule Extended Item Estimated Bid Unit Bid Unit No. Description Quantity Unit Price Price I. Mobilization 1 _ LS 1 , i Temporary Flaw Control Plan:Sewer 2, 2 EA Re ideation Temporary Flow Control SYstem: gA 60,1.)6).(5,2 .& . Sewer Relocation t201 Temporary Flow Control Plant 4. 1 EA Embankment Construction . 2.i 01.1:):(yo 21000 ' - -Temporary Flow Control System: " 5. Embankment ConstrUction 1 EA 4)501Z).M 4-;$t.Z.W. 6. Erosion and Sediment Control 1 LS %!: .06 Vb.t)C0'.t : • Erosion and Sediment Control: 4200 pF Sediment Fence and Straw Wattle S.t 0 .l4 ilia.tStS Erosion and Sediment Control:Inlet 8. Protection 1 EA It3.66 •%Si .ciz. 0 Erosion and Sediment'Centro! . EA Dewatering Discharge Sediment Settling Tank - %iltD.t.V• % Z. Erosion and Sediment Control: 1 EA Dewatering Discharge Sediment Settling Pond Lotan.00 Erosion and Sediment Control Gravel 2 EA• ,CcinstruCtion Entrance A Sob.t..t, i I. Erosion and Sediment control:Tree 0 EA Protect ion Fence iii;AD4A elsbit.ob 3Erosion and Sediment Control: . EA 1 Floating Silt Barrier 2 • 4ittib.ar, tich5.OD 14' Water Control Platt;Ashland Pond 1 EA PumpDown . 1,otip.o0 I PW\DEN003M-4527000 BID FORM MARCH2022 00 41 13- 5 ©COPYRIGHT 2022.1ACoss . , WASTEWATER TREATMENT PLANT CITY OF ASHLAND OUTFALL RELOCATION I., Unit Price Bid Schedule - 1 Extended Item Estimated Bid Unit Bid Unit No. Description Quantity Unit Price Price ,c Water Control:Ashland Pond Pump 1 EA Down _ kliUNIt 18# VICDO;IZO Water Control Plan:Boar Creek 16. 1 EA Outfall 2 Imo m 2,cbD.c0:3 Water Control System:Bear Creelc 17. 1 Outfall BA- teeti.(513 6, 18. Water Control Plan: Ashland Pond 1 EA Intake 24.1.3).'00 ialt;00 19. Water Control System:Ashland Pond 1 EA Intake ,000:0C SAZO 001) 20. Dewatering 1 LS i 0 six).01) 1.0 I OM:rk 21. Construction Surveying 1 LS OSi(X0.00 $tS.6.13.01`4 22. Chainlink Fence 75 LF 010.1)1) lilcao.t.o 36"PVC Outfall Pipeline,Earthfill 23. 1100 •LF Trench Backfill : 44-0.oz 4i4taot 36"PVC Outfall Pipeline,in 24. 220 LF Embankment_ _ . L • 25 36"PVC Outfall Pipeline,Reinforced 20 LF Concrete Encasement 1 00.0D t zit CCD.OD 26, Embankment:Excavation 1290 CY _ S.iso "4igo.00 27. Embankment:Construction 1900 CY 66.OD.q5,0m..00 28. Embankment: 1.8"PVC Pipe 52 LF $ I W.0C.> $5,2a).OD 29. Embankment:Permanent ESC 090 'SF $ $ Matting . _ S.60 11.40.00 30. 60"Diameter Manhole 9 EA 14:1‘0.:-.0:OD 64,ctv:00 31. Settlethent Monitoring i LS 2_,0313.00 Z,a)o.OD 32. 30"I-IDPE Outfall Pipeline,CLS1V1 300 LF Trench Backfill SL1?.ob AD;O-11 OD 33. 30"HDPEOutfall Pipeline, 130 LP Reinforced Concrete Encasement.. .646bSt,6to.w 34. Trench30HOPE11)Backfill Ooltifall Pipeline,Earthfill 320 LF _ 2.50,ct tb,ow.co 35. 'AirVent . 1 EA '&2060.06.760.4(500-00 , • 36. 72"Diameter Manhole 1 EA ta.,1±0.00 O.:A.1).60 37. HDPE Access Nita 4 EA $Z .00 silittsob.00 38. Access Port Vent I EA $12:t500.0.) $Z .0.00 _ BID FORM. PW\DEN003\D3527000 00 41 13 -6 MARCH 1(0 ©COPYRIGHT 2022 JACOBS 7 CITY OF ASHLAND WASTEWATER TREATMENT LANT OUTFALL RELOCATION Unit Price Bid Schedule Extended Item Estimated Bid Unit Bid Unit No. Description Quantity Unit Price Price 39, Controlled low strength material 80 LF. $ $ (CLSMj trench backfill_ 1%.0z) 1.2,iiis?.ot) 40. Effluent Diversion Structure 1 : LS lo bbo.-60 60 ex6:b0 k 41. 12"HDPE Sewer Relocation , 710 __ LF % L6.( .) t%1St/.Ott 42. 48"Diameter Manholes . 5 EA t, 4 Stutg_tl ifglk... . b 43. Foundation Stabilization Rock 25 CY 65.03::. t'2115.ot) 44. Bear Creek Outfall:Structure _1. LS 11 511A)1),D)., 11600).CO 45. Bear Creek Outfall:Riprap 780 SF Stabilization W.OD t5itbez 700, 46, Ashland Pond Emergency Spillway 240 CY Excavation and Grading IUD.00 SIstAte..CC> 47. Ashland Pond Emergency Spillway: 770 SF turfatone pavers LUCID 2D1P1.0.00 48. Ashland Pond Emergency Spillway:, 470 SF Turf Reinforcement Matting U.00 A 140:),:OTS 49. Ashland Pond:Drain Piping 12"PVC 15 LF Pipe larks 6V)a.oO 50. Ashland Pond:Drain Piping 30"PVC 20 LF 4,3•o Ritta.o6 51. Ashland Pond:Berm Fill 25 CY SO.co' 11-So.60 _ 52. Ashland Pond:Intake Structure 1 LS Lao,1/4x6..in Ltottyy).0a 53. Ashland Pond Intake: 1 it"PVC.Pipe _' 35 . LF ,SS.Lib 54.. Ashland Pond intake:Outfall 1 LS kt,,, a.OD U., 60.00 55. Ashland Pond Intake:Riverbank i LS Stabilization2.il00. 56. Rock Excavation 630 CY _ 2.5o.e0 6,-1. 0.tki 57. Cleaning,Flushing,and Testing for 1 LS Pipes and Structures. . 'WAX).00 "Nzx trij.00 58. Bear Creek Excavation:Driveway 1 LS preparation,maintenance,and rotoilition '.1.1$01).O3 1 60.3.i01> . . 59. Bear Creek Excavation:Access Road 1 LS preparation,maintenance;and restoration U iCIP•a) 4/A5P64.) PW\DEN003\D3527000 BID FORM MARCH2Q22 00 41 0 ,1 ©COPYRIGHT 2022 JACOBS WASTEWATER TREATMENT PLANT CITY OF ASHLAND OUTFALL RELOCATION Unit Price Bid Schedule Extended Item Estimated Bid Unit Bid Unit NO. DacriptionQuantity Unit Price Price 60, Bear Creek Excavation:Stripping and 6870 SF stockpiling _ 61.5260 61. Bear Creek ExeaVatiOn:Excavation 209 CY S6-013 '7015.ct. 62. Bear Creek ExcaVation:Site 6870 SF Restoration 0:15 5,152..50 63. Bear Creek Excavation:Fence 30 LF Extension and Restoration (An.00 64. Bear Creek Riparian Zone Restoration 500 SF 10.00 1U bb 65. Soil Preparation 2.5 AC j l4oto.00 t1icX c3 66. Hydro Seed 25 AC 2,,toci.00 2Ar130_,Di) 67. Pathway Surfacing 9450 SF 68 Asphalt Pavement 120 Sf (0 00 69. Demobiliation '1 LS t CIO 1,.00 Total of Extended Bid Unit Prices SZ,535,1lS4..ea. 53, Bid SumMary! 5.3.1. Total Extended Unit Bid Priees:$ I Vi.A0' •0)0 6. TIME OF COMPLETION. 6.1, Bidder agrees the Work will be substantially complete within 460 calendar days after the date when the Contract Times commence to run as Provided in Paragraph 4.01 of the General Conditions and will be completed and ready for final payment in'accordance with Paragraph 15,06 of the General Conditions within 490 calendardays after the date when the Contract Times commence to run. 6.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the. event of failure to complete the Work, arid any specified Milestones, within the Contract Tithes. .7;- ATTACHMENTS TO THIS BID 7.1. The following dociithents are submitted With and made a condition of this Bid: 7.1.1, Required Old security in the form of Bid bond, BID FORM pwoN003052idoo 00 41 13 -8 MARCH2022 ©COPYRIGHT 2022 JACOBS CITY OF ASHLAND WASTEWATER TREATMENT PLANT OUTFALL RELOCATION 7,1.2. Certificate af'Bidder Regarding Equal Oppertunity, 7,1.3. Evidence of authority to do business.in the state of the Project,or a Written covenant to obtain license within Me time for acceptance of Bids. Contractor's License No.: 151 I 1_ 7,1,5, Subcontractor Disclosure Perm (required within two hours of Bid closing). 7.14NorieolluSion AffidaVit, 7.1.7. City Of Ashland Bidder Responsibility FOrrn S. DEFINED TERMS 8.1. The terins used in this Bid with initial capital letter§have the meanings stated in the Instructions.to Bidders,the General conditions,and the Supplementary Conditions. 9. BID 'urifrurrAL, 9.1. This Bid submitted by; If Bidder is: An Individual Nttnype ed); - By(signature): Doing Inisiness as: "WPar rship PartrierShip Name. • (SEAL) By: (SYgrptui.e gersieral pciriilei7— ov ce 010117pm))(0 Name(toed ár printed): PW\DENM\p3527009 BID FORM MARCH 2022 0041 13- 9 ©COPYRIGHT 2022 JACOBS WASTEWATER TREATMENT PLANT CITY OF ASHLAND OUTFALL RELOCATION A CorpOratiori Corporation'NairrC: ty•cAll lakeAl N)c_ (SEAL) C9/J State'of IndorpOration:, OP-- • - Type(General Business,Professional, Service,Lii ted Liability) - By • AlIzift (Signatur -attach evidence of authority to,sign) Name(typed or printed):4-- .-1- Title: g2=s,(6.-e...o:ST" (CORP RATE SEAL) Attest. _ 4414.'444 • I-- (Signal Ire of Corporate Secretary) Date of yual ifilation to do business in Oregon is: A Jo'nt Venture Joint rer Name: (SEAL) (Signature of.joint venture par —'aitadh oicience of authori()to sign) Name(typed dr printed): Title: (Each joint venturer must sigh,The manner of signing for each individual, partnership,and corporation that is a party to the joint venture should be in the manner in4ioted aboVe.) BID FORM ,PW\DEN0031D3527000 00 41 1j.;10 MARCH 2022 ©COPYRIGHT 2022 JACOBS CITY OF ASHLAND WAsTgwATEJI TREATMENT PLANT ouTPAtit,ttvwcATION M.D.BQND Any singular referenee to Bidder,Suretyi'0‘9tior,or Otherebo$Idcred plural where applicable. BIDDER(NaMo and Address): Pilot Rock;Excavation, Inc 356 Bateman.Drive Central Paint, OR 97503 SURETY'(Name and Address of Principal.Pinof Btisiti*)! Hudson Insurance Company 100 William Street Fifth Floor • ;New York, NY 10038 OWNER(Name and Address): City of Ashland 51 Winbyrn Way Ashland, OR;97520 BID B14 Due mid: April 26-,2022 Project(Brief Description Ineluding Loeatioh) Wastewater Treatment Plant Outfall Relocation BOND Project#.2013=21 Bond Number: HA10104199 Date(Not later than Bid iltie:date): April 20,2'02-2 Penal sum 100pearantsilbqkaauntBid 10% (Words) (Iigiires) Bur*0(1131(100,,intending to be legally bound hereby,subject to un.,term oritited on the reverse_side hereof, d9 each cause this Bid Bond to be.dtly executed on its behalf by its authorized Officer,*it,or representative. PW\DE!N003\1)3527000 BID'BOND u ARY'2022 00 43 OCIOPyit161-0'204,4AOils WASTEWATER TREATMENT PLANT CITY OF ASHLAND OUTFALL RELOCATION •nipETR SURETY Pilot ROCK Eccovetion, Inc. Oehlj Hudson I ns,rOrjc0 Company _ oello Biddces Name and Corporate Seal Stirdjes N010itii;lCoiliorate Seal 2M17144A Zed/' ' . . _ . 4, . 8y: pee-4detn"Ir2 13P• ut&ee, 4/7 a, Signature ãJ7 c)Title - igtiattie. -nd Title Attorne n-Feot (Attach Pow •Of Attorney). - i1 Attest: $. 21_,i _ /i‘ L.0 ra...1‹..S& Attest: 8ignature..rid Tit .2 • SIO;haturd\% nd Title Witness , Note:AboVe addresses arc to be used.for giving required notice, \ • BID BOND PW\DEN0031b327000 00 43 13-2 FEBRUARY 2022 OCOPYRIOHT 2022 JACOBS . : Hu'Dpond Ntulther: 0,41010499• t• !- i ' . ', , * N ' 4 so NS(111ANq 1.11(A BB' '-,7.1ticut'• POWER OF ATTORNEY .„ .. .. . . _ , KNOW AIL MEN BY tilitSK iit.5.t.NTS; That 14U.1)St)N INSURANCP•CQtyiFANY,..it corporation of the State Of.bolinviire; with . . , .:...... . .. , . . . . . ., . offices at 1011 William Street,Ness, York, New Ycirk,1003R;-has made, eonstinited and.;appointed, acid by ;hese iftSeilts. does Make, emisiitute!Ind appoint :keigtinellatea • Of the-gtlite'of. of Ihe testate of Oregon • , .. its true and lawful Attorney(S)-in-Fael,at NOW York,NeW York,'eneh(*Mein alone to have tut]power to ac without-the,Othet!Or others,to niake, - e*eabte arid deliVei*on its behalf, is $tiftItY, Voids and 9nclektalcings given for any and all Ptirp0Ses,.alSO. 10e)toPtite:and cioitver on its'bobtails aftifogitd.roitot,tts,eioebskipg,dgroombilis,WaiVer$,eangents instipulations ielding to stili bonds Or tin ei takings ptavicled,howqi.t.that no single bond or,ntidertaking,shall obligate said'CanitinOy'foi..-any:-Portion 6f the Penal aunt theleof in 'e)cegs .or olt., ,solli ,of 'N.eiily Vi‘'e Malian ., Dollars(S25,000,00 .00). . . Such.bonds and undertakings When duly op4c'otod4Plid.AittvOi(s)-in-F01.,shall tw.6jlidi'llg-9P6#saidC9'.1--nfiipiY,Ils fully.:lilt+to thci 4ailie. extent as if signed by the President of said Company tinder its eprinthate soil!attested by its Secretary, . In Witness Whereof,1-11.M.SON 1N$ORANdE COMPANY has'entiSed these-• .-:(-.t toI ' -r its' S .6•Ye. P1' etle I tl ' t d j'. , prt..s.ii. it,n r . mit i L ft. .g r n roptin ti. it y , , antliori4ed,on this 23rd day Of Atigist,2021 at New York,Nev Vett: 4,Pal'izl' . li.t)OSON INS(.114,4,$CF..COMPANY :,.„ t,-A5,,,W. ' •: f . . Attest - —s •' - • N- . . . Dhtia paSkilialtis • Miebael P.Mane. Corporate Seeictary Senior Vice President stAtt oP•Nhiiv NtIiit . • COUNTY OP NW YORK. -.SS: . On the jt clay of August, 2621 in(ore the poisanally,came Michael P.(Iilline tti mc known, who being by it duly.sworn,ilid depose and say(lint he is t-inior Vice President of iiivboolNINSURANCE'COMPANY,the corporation described herein and which executed iheabove itistrunieirt,that he knows die:sell of said corPoindon,that:the:seal affixed to said instrunient is such amiiimile seal,that it was so affixed by Order of the Board Of pireetorS of said Comoratinn,and that he signed his name thereto by like order. ...-•"‘ :.c.' ckON 0 et).-71,./ (Notarial:Seal) •S'..ti.. ,-- '',...,1><, • 4'. 0 .,' 4." , '• • ' ./....1.1%, ,,.,,,...':-,•-• .,,•-•.elt.o.r,.t. ......."r;.t:..1:.;..!!.i...•..1';' '..",' CAIVIEIP:Mj tiOURMY .. E / \4:0 TA ij?. • `• t. .•Notai-YValilia,Slate OfNeW YM k .1:. R • ' NO,(11GO(t372305 Qualified in New Vprk-CouiIty .r—li B I it() i 4: Cominlisiini Expires itine.4.2022 (5.›- ''- . .. :.• 0...., . -. .. . . ._ . . ,CERTIFICATION -, .17, - ",.,..tcp,..e. ... i.A-moi,NEW-YORK ''',, i.:17 t') N"N.)'',N..'s- • COUNTY OF NEW YORK .S(1 ii II 0,kt° , . The undersigned rima RaSkaloldsliereby-teir)ties: . Tin(t the original resolution;of which the Plowing is a true and corral copyi sues dilly:adopted by unanimous written consent of the Board of Directors Of I itniSort Insurance Company dated July 27q",.2007,mid has nut Since:been:revirked,amended or nindi Bed: .. 1W. 01.;VE,P,that tita:PFoidttot,the xecutwc Vic Presidents,hit.Suitor Vice PreSidenis and the Vice Presidents shall Have the aitiliority and dis.c0.11I90. 10 tippunit such agent or agents;.or attorney or anotneYs4n-hici, fin the:ptiiiiese.91-currying on:thlircoMPIthy'S Sin*boSiness, and to ,arnpoWer Stich-agent or agents,or.ntioniey or ationteyi.in7thel,to exeunte and deliver,Uniterthis Company's Seal Of Otliorwise;'honds obligMi.ons,,and recugtiiiiinces,whether'made by this Company as Surety thereon or Othertl4sehitielimitY einUractic,copiracts and:eertilleates,and nnyaild all other contracts and undertakings Matte in the course Of this Company's surety IniiineSS,and renewnis;extensions,ogre:v*0:4r Waivers,eonitenis-Orstiphiatidns regarding'meiclertaisiag4so made;and ' • . • - • FURTHER R.BOVLBD.dial thc-Signattirerif iticY,Stich Oftieer•Orthe Company and the COMPaq'S Seal Milk berit0Xed by Rieshilile.1.0_11ny power of iittotiati,ot,:iiiiinotioo.oveii for theeSeentiOn ofaliY_Imildi undertaking:,reengniOnee,cotiMielof indemnitY,or 011terythtch•rildigatitin ili the nature McMillin'related thereinsuch signature.andSeal..Whell so used'Whether liereMfOre'or herialler,being hereby (he Camping as flu,original signinare Of such officer and the Original'Seid..9r the rCompany to be.viiiti)410 binding upon time Company Willi the•.(iarrie fOree end girder as'tlicirtgli • inaMially affiktre .: . . . . . _. , THAT The above mid foregoing is..!kilt,true.and Cornier copy ofrtiwor of.Attorney isatietl!by:Saiti Conipatly,and of the witch,of the original andthal the . ... ,. -, • said Power of Attorney is Still in full force and effect and has not beta-revoked,mind ButhoWorc'thal the esolutiOir:f tlm Board Of pirectorsi set forth in the said Power of Attorney IS now in(Otte., , .- ..' .' P'.0a1- :•.,. :- lit . • :;;/ l.. Witness(Ile hand prdie.undersigned and the seal iirsaid Cot:pontoon this * - day.p'- • •. : -' ..., . .20/le ,. i .• • ..... 41,0coikt... . : . 1 ),-zi .ist0-7-it) . - . : .._.,. i . Jit' \1 BY.,,,, r .•,-, . . . -A . ..,f" ! o .!.!_....i if. Bina Birsitallilds, Collimate Seeielary . , . . . • CITY OF ASHLAND WASTEWATER,TREATMENT PLANT OUTFALL RELOCATION . , . . . I, PitidOond Stiretyljointly end severally,bind -4. 14d suit or action shell be commenced tinder this themselves,their heirs,executorsuadmidiStreters, porkjprior to 30,efir days after the ne of . letida otic... successors,and.asSignS to Pay to Owner Upon default required in ParagraPh 4.above la re** . .. , , default of Bidder the penal sum set forth on the .by bidder.and Surety and in no case later than one face of this Bond.Payment of the penal.sum is the year after Bid due date. extent of Surety's liability, 7! Any suit or action under this Bond shall be 2. Default of Bidder shall occur upon the failure of commenced nnly,jail court of competent , Bidder'to,deliver within the time required by the jut isdietion located in the state in which the Project Bidding Documents(or any extension thereof is*eked. agreed to in Writing by Owner)the e-'cecuted Agreement required by the Bidding Documents 8. Notices required hereunder shall be in writing and any pet and payment bonds required and sent to Bidder and Surety at their respective by the Bidding D.Oentnen#, addscS.sliii.W11 on the face of this BOticl.Such notices may be.sent by personal cieliyery, 3. This obligatiop shall be null and void if: entrimei.eial dewier,Or by United States Registered Or Certified Mail,return receipt requested,postage 3.1. Owner accepts Bidder's Did and Bidder pie-paid,and shall be deemed to be effective upon delivers within the time required by the Bidding receipt by the party edneetned. Documents(or any extension thereof agreed to in writing by Owner)the executed Agreement 9. Surety shill cause to be attaelted to this POO a . requited by the Bidding Documents and any current and tiffeethie Power of Attorney evidencing performance and payment bonds required by the plItki4 or_0(6 effieer,agent,(ar.repreSentative the Bidding Documents,Or who executed this Bond on behalf of Surety to execute,seal,and deliver such Bond and bind the. 32. Ali Bids are rejected by Owner,or Surety thereby: 3 3. Owner fails to issue a Notice of Award to 10 This Bond is intended to conform to all ,. Bidder within the time specified in the Bidding applicable statutory reqtdreMents.Any applicable Documents(or any extension thereof agreed to requitement Of any applicable statute that has.been in writing by pitidqr•and,,if applicable, omitted flow this Bond shall be deemed to be consented to by Surety when required by included herein as if set forth,at iength.If any Paragraph 5 hereof). provision of this Bond conflicts with any applicable statute,then the Provision of said statute 4, Payment under this Bond will be;(*add shall govern aqd the reMainder of this pond that is payable upon default;by Bidder and within not in conflict therewith shall cOntinnein:ful i.three 30'calendar days after receipt by Bidder and Surety and effect. of written notice of default from Ownei,which . . • . . . . notice Will be given with reasonable promptness, 11.Theterth!Mid"as used herein includes a Bid, „.. ..... ... identifying this Bond and the Project and including .offer,or proposal as applinable, a statement&the amount due.. 5. Surety waives notice any and all Wed* based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder,provided that the total tithe for issuing Notice ofAwatd including egtenSien'iShili not in the aggregate exceed 1.29,days from Bid due date without S'mety's written consent, . MO:01i'SECTION .1)WOEN003113357(1013 .1311)BOND FEBRUARY 2022 '00 43 13 ,3 ©COPYRIGHT 2022.JAC05$ CITY OF,ASH.L,ANb WASTEWATER TREATMENTPIANef OUT AU RELOCATION AFFIDAVIT OF NONCOLLUSION Each Bidder shall cornOlete the folla*ing Statehtein STATE QF ) ) COUNTY 1 That(s)he is the agent authorized by the Bidder to submit the'attached Bid:Affiant further states that the Bidder has not been a party to,any collusion among Bidders in restraint of freedom of competition by Agreement to Bid at a fixed price or to refrain from bidding, or with any State,County,or City official or employee as to quantity, quality,or price in the prospective Contract,or any Other tertnS•of said prospective contract;or in any discussions between Bidders and any State,County, Or City official Concerning exchange of money at other thing of value for special osiclo4ion hi the letting of a contract Affiant further warrants that no person or selling agency has in employed or retained to solicit or*ore such COntradupon an agreement or understanding for a commission, percentage;brokerage or contingent fee,except bona fide employees Or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of seeming business. Vu6`1-4)C1.)6:6;Ce . - Name of Contractor Bidder.( fiant) Subseribed and sworn to before me this ?,5. 'ay of Apri 20 42- My commission expires: /7/?;3 '71 Notary Public ENr OF SECTION •03,r4, OFFICIAL EITAIVIP BRADLEY L HEBERT qsNOTARY PUBLI.C_;10Rp_99, COMMISSION NO.982711_ 1001AtISSIONDPIRES4AIIIMIr(17,20n i'YtApEN203\t/35,27P00 AFFIDAVIT ØF NON COLLUSION FEBRUARY 2022 60 45 54- I ©COPYRIGHT 2022.LABS CWSRF LOAN FORMS TO BE SUBMITTED WITH BID ] Form BC 4 ptato of Oregon Department of EnvirOnniemal Quality P-.!?-v"-:•"1 Sworn Statement of Compliance fitit Contact:Regional Project Officer •Mai giOragpi Amor Einelronnrial Gully Sworn Statement of Compliance with tniaii, Women and Minority Business Utilization Requirements To be eligible for award of thiS contract,each bidder mut ekectite,and submits as part oftheir proposal, and together with their bid,the following certification relating to SBE/WBE/MBE participation.The certification below shall be deemed a pait of the resulting contract. The bidder has taken the following affirmative steps in awarding subcontracts; (1) include qualified small,Minority and women's businesses on solicitation lists (2) insure that small,Minority and women's businesses are solicited Whenever they are potential sointos (3) Oivicielete!rondirernerits;when economically feasible, into smaller task .or quantities to permit maximum participation of small,minority and women's businesses ;(4) Use the services and,assistance of the Small BusinessAdminiStratien and the Minot ity Business PeVelppnieht Agency of the U.S.Department of Commeree as appropriate. cOnteadt 2013-21 Conti act Title. City of Ashland Wastewater Treatment Plant • Name of Ccimpany: Pilot Rock Excavation, InO, Signature of A Uthori zed.0!ficial ar(1".14Q Date givolg..t. Alysoii.Fowler, PrOidotit. Name and Title of Signer Alternative formats DEQ can provide documents in an alternate format or in a language Ober than Bnglish upon request. Call DEQ at;890-452401 1 or email deciiiifoRdeu:State.or.US, Updated May 2919 - 'State of Oregon Department of Environmental Otiality • Prevailing Wage Agreement 10.091 Contact:Regional Project Office sibiadOrnpri Dopulmontot Envfloprnaltni Putill.t)! The loan redipient,prime contractor and subcOntractors all must initial and sign,this.fcirm, • • • The prime.contracter copy must be submitted as,part of the bid/proposal to the loan reeipient, • A copy of this form signed by the loan recipient and the prime contractor must be submitted with the contract copy to DEQ. • The prime Contractor must obtain a signed copy of this form from each,subcontractor and retain thein in the prime contractor's contract file. The undersigned understands that this public works project is funded in Whole or in part by the Clean Water, State Revolving Fund and is subject to the prevailing wage item ironic:1U of Oregon's Bureau of CAMand industry and the requireinents'Of the Davis-BaCcin Act. The undersigned agrees that,notwithstanding any otherpiOViSion of law,all'laborers and mechanics employed ph the project Must be paid wages at rates not less than tlidse,preVailing on projects:of a similar character in the locality,as determined by the United States Secretary of Labor,.or the Commissioner of the Oregon Bureau of Labor and industries,whicht$r is higher, per ORS,2190838.,.0AR 8304)25405(4 When a•public works project is subject to both the-state and federal,prevailing.wage rate laws,contractors and,subcontractors Must pay the higher of eitherthe state or federal prevailing wage rates for the type of work being perforrned;.Per ORS 279C.838i OAR 839-02.5-015m. • DavisBacon (federal law) DaVis=Bacen applies to all treatment works construction'projects'for the entirety of the constrUctiOn. activities financed by.a ely .F1060-.hmugy.the completion of C9n*Uction, no matter When construction doinmerices. yei'V The Loan Agreement includes specific Davis-Bacon wt its.and conditions,contract language that must be passed through to the prime.contractor and all subcontractors in their contracts over$1,000. • The Secretary of Labor's determination, regarding the prevailing wages applicable in the state Of Oregon,are located at:http://www.wdoLgOVI While the solicitation remains open,the sub recipient shall •Monitor Www.wdol.gOv weekly to ensure that the w4go•opietitinhiion'toi6i contained in the solicitation remains current, The sub iecipients shall amend the solicitation if DOL issues a modification*ore than 10 days prior to the closing date(i.e. bid opening)for the-Solititation. ., If DOL, Modifies or supersedes the,applicable wage deterthinatiOn less than 10 days prior to the closing date,The sub recipients may request a finding No the State recipient that there is not a reaSOnableiiMe to notify interested conttaOtoi.S.of the modification of the wage deterinination.The State recipient will pi oVide a report of its,findings to the sub recipient. If the sub redipient does not award the contract:within 90 days. Of the closure of the solicitation, any modifications or supersedes DOL Makes to the wage determination contained in the solicitation shall be effective unless the State recipient, at the request of the sub lecipient,obtains an extension of the 90-day period from DOL pursuant to 29 CFR 1 6(c}(3)(►v), The sub recipient shall monitor www.wdol.gov on a weekly basis if it does not award the contt'act within 90.days of closure of the solicitation to,ensure that wage determinations contained in'the solicitation remain current.. The loan:recipient'or the prime contractor on behalf of the loan recipient maintains On-going wage information as a requirement of the CWSRF funding of aproject subject to,D'avis-Bacon The CWSRF program suggests using,the wage mairix tool at this link. http://wWW.deq.state:or.us/wq/loansiconstructionFormi.htin;and instructions for the wage matrix at this link into://www.deq.state.oi:us/wet/loans/docs/WageMatrixlnst.pdf The loan recipient conducts wage interviews with a representative group of workers during the project construction at 3A percent, 60 percent end 90 percent project completion. The loan recipient must .,conduct additional interviews if there is any reason to suspect a contractor.or their subcontractor is at risk for violating wage requireritents..As provided inn CFR 5.6(a)(6), all interviews must be.conducted..in confidence. Thelon recipient must use Standard Form 1445 or equivalent documentation to memorialize the interviews. Oregon Bureau of Labor and Industry,(state Bureau of'Labor and 'Industry prevailing wage rates :apply to projects over.$50;000, .Oregon prevailing wage rate regulations require every contractor or subcontractor employing workers on a public works project must pay to.such workers no less than the'applicable prevailing rate of wage for each Liade or occupation, as determined by the commissioner, in which the workers are employed. OAR 839-025- 0035. • /t The wage rates identified by the Conimissiorier of the Oregon bureau of Labor and Industry,are located at http://.wWw:oregon.gov/boli/WHb/PWR/Paaes/Uwe`-state.aspx The prevailing wage rates in effect at the time the bid specifications are fist advertised arc.the Oregon wage mates that apply for the duration of the project. Prevailing wages obtained through the Bureau of Labor and Industry websites must be included in the bid solicitation and incorporated iii all contracts resulting'from the prOeureMents. .. AV All 'contractors and subcontractors shall tile; with the Construction Contractors Board, a $30,000 ;public'works bond with a copoiatesurety authorized to do business-in this state.ORS 2790,836 The bond must provide that the contractor or subcontractor will pay claims ordered,by Bureau of Labor and Industry to workers performing labor upon public works projects. it must be filed before starting work on a contract. or subcontract for the.project: Payroll/Certified Statement(form WH-38). Form Wi.1-38 may be used by contractors foi reporting their payroll as required by ORS 279C.845 on public works projects subject to the Prevailing Wage Rate Law This'foim has not been.officially approved by the United States Department of Labor, however it is.designed to meet the requirements of the federal Davis-Bacon Act as well, _Prevailing.Wage Rate,Forms,, t , .'- . 4:44" - ..;.("•. - _...e..A.H . V41 zz &14,--), SignatureDate President Title Pilot Rock Excavation,Inc Company Alternative formats Documents can be provided upon request'in an alternate forinat for individuals With disabilities or in a language other than English for people with limited English skills.To request a docuritent in another format or language, call DEQ in Poitland at 503-229-5696,.or toll-free in Oregon at 1-800.452.4011, ext. 5696; or email deginfo@deq.state.or.us Form BC 6 Stato of Oregon Departfitorit of Enviremmorital Quality List of Contacted Disadvantaged • IJu Business Enterprises Contact':Regional Project Officer &Marmite! Oak/ Contact Phone Date of Name of Business Certification# Reason for NonparticipationPerson Numb9r Contact vi 24G2? "F3 - tS PP--es4 •-za•-• Ger.msr Nance of Business Certification N Contact Person Phone Nuiiibcr Untc of,Contsict Reason roe Nmi-pnrticipatloii • { 1 • • • Alternative formats Documents can be prrividetl upon request in an alternate format for indiividuahlwiih disabilities or in a language other thnri English for pewit:with limited hnglich skills.To request a document in another format or language,call D4Q in Portland at 50- 29.-.5696,-or toll=frac in Oregon at,1- '$00-452-401 I;ext.5690;or entail deginfa n deq.state,or,us, 1 1 Form Be 7 State of,Oregon Department of Environmental.Quality Certificate of Independent Price Ogg Determination g°' ,L,°,o,`°0i",f 'Contact:Relonnl Project Officer Dm:Emlialmental War/ The prince contractor must: .• Sign and submit this form as part of the bid/proposal to the loan recipient • Include a signed copy in their contract • Retain a signed copy of this form from each subootitractor Bidder's Name: Pilot Rock Excavation,Inc Address: 35,6 Bateman Dr,Central Point;OR 97502 a: The bid offeror certifies that: I. The prices in this Offer have been atTived at independently without; for the purpose of restricting competition;any consultation,communication or agreement with any other offeror or competitor relating to: i. Those prices IL Intention to submit an offer Methods or factors used to calculate the prices offered 2, The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly,to any other offeror or competitor before bid opening(in the case of a sealed bid.solicitation)or contract:award(in thecase:of:anegotiated solicitation)unless otherwise required by law 3. No attempt has been or will be ►rade by the offeror to induce any other`concern to submit or not to suaniit an•offer for the purpose of restricting canjpetition. b. Each signature on the offer is considered to be El certification by the signatory that the signatory: 1. Is the person in the offeror's"otganixation,responsiblefor detertitinirigthe prices being ,offered in this bid of proposal;and',that the'signatory has'not participatedand will not participate in any action contrary to subparagraphs(a)(1)through(a)(3)above;or 2. Has been authorized,'in writing;to act as,agent for the following principals in certifying that those principals have not participated,and Will not participate,in any action contrary to s'ubparagraphs'(a)(1:)through.(a)(3)above; 3. Asan authorized agent,certies that the principals named below have not participated,f and will not'participate,in any action contrary to subparagraph,(a)(l)through(OM above;and 4: As an agent, not,personally participated,and Will not Oartieipatei in nny action cOntrary to subparagraphs.(a)(1)thrixigh(a)(3)abOve. If offeroi deletes oi modifies subparagraph(a)(2)above,the Offeror:must furnish with its offersigned stSciperit setting forth in detail the,direllipstefices.ef the disClosuip. insert full natne of persons)in the offeroVs ot.ganixation responsible for determining the,prices offered in this bid or proposiii,and the title Of his Or her position in the'offeror's organizatiOn: ful1 Name of Person:(s) TOO 'paw in the Offeror'S Organization Jeff Fowler Mee President 4/2 /.2012 MiIeUssaiy Estimator 4/26/2022 . _ 8ignntni'o of Priinp COntractOr _ Signature of Subcontractor Alternative formats DEQ can imiiyide documents in an alternate folitiat Or in a language Other than English upon retitiest. Call DEQ at 0.9-45 ,4:011 of ethail 041th@d.04000.0.4S: State Of Oregon Department of Environmental Quality Good Faith Efforts, Contract red.,0 Administration and Contract Language ReciohatProiect•Officer Dciinpi6riel E0011(1101141 9111114 This form must be completed by the loan recipient,prune contractor and any subcontractor who will further subcontract.On the Clean Water State Revolving Fund prOject within the scope of the loan: All sections in this attachment must be initialed on the line provided and the IOW(signed, • One completed attachment FMthe prime,contractor must be SubMitted os,tiort of the'bOnrOpOSol. to the lean-recipient. • One completed attachment for each Subtentractor who will further subcontract Must be submitted before the contract.ttivard. • A copy of those must be included in the contract copy to DEQ,along with.one attachment initialed and signed by the loan recipient. KT:. DBE Certification • All Minority Business Enterprises and Woman Business Enterprises must be certified by Oregon's Office Of MinoritV..Wonienond Emerging Sand] Businesses or by the state in which they are loeated.This office • administers the Disadvantaged Business Etiteei*is4:Mistiiritie OtiSinesS Enterprise/Women Business Enterprise,and Emerging Small BusinesS prOgrains, 4F- Good Faith Efforts The good faith efforts are required methods to ensure that all DBEs have the opportunity to compete for procurements funded by the Clean Water State Revolving Fund;The loan recipient ondtheir prime contractor are required to: Ensure OBEs are made aware of contracting opportunities to the fullestextent practicable (hr-ough'outreach and recrtiiiinent'activitieS,For Indian tubal,state and local government recipients,this will include placing DBEs,on solicitation lists and sOliciting them whenevo they're potential sources. 2, Make information on fottbecnii4 opportunities available to DBEs and arrange time frames for contractsand establish delivery schedules,where the requiretnent •peontt,in a way that encourages and facilitates participation by bBFs in the competitive procest,This includes, whenever possible,posting solicitations'for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date, Consider in the.Contiacting.process whether firms competing fOr large contracts could subcontract with DBEs For Indian tribal,'state and local government ypciPtentS;this.will include dividing total yOuirenents wheneconomically feasible into smaller tasks of quantities to permit iñaxiinuni pattioipation by DBEs in the poiripethive process: 4.. piloontoge contracting with a consortium of DEEs when a contract is toe large for one.of these firths to handle 5. Use the SOVICCS and assistance of the'federal:811.011 Business Administration,Minority Business Development Agency of the U S Department of COritinei..ce,and the state Office of Minority, Women and Emerging Small • 6. If the prime-cOntractor awards subeentreets.,require the prime Contractor to take steps one through five above. , . Native AtnOican provisions 40 CFR,.S0000 33 304 . . The recipient agrees to comply with the contract administration provisions of 40 CFR,Section 33.304.Any recipient'whether ornot Native Ainerican,of an EPA financial assistance agreement for the benefit.Of Native Americans, is required to solicit and recruit Indian organizations and.Indian-owned economic enterprises and givethem preference in the award process prier to undertaking the six good faith efforts.If the efforts to solicit and recruit Indian organizations and Indian-owned economic enterprisei is not successful,then the recipient must fallow the six good faith efforts, • • • Contract administration AT The Loan Recipient must require its prime contractor to employ.the.six good faith efforts'even if the prime contractor has achieved its fair-sbare objectives. A-F.If a D138siibeoittraetor.fails to complete Work under the subcontract for any reason,the Loan . . . . Recipient must require the prime contractor to employ the six good faithefforts if soliciting a • replacethent.subcoritractor. . . . . The Loan Recipient must require its prime contractor to pay its Subcontractor for satisfactory perforMance no More than 30 days from the prime contradtor'S receipt Of payment front the Loan 'Redipient. . . . The Loan Recipient must require written notification from its prime contractor prior to any termination of a DBE subcontractor for Convenience by the prune contractor. . . 2CL Specific contract language .2 All contracts between the Loan Recipient and prime Contractor,and prime contractor and§Ocontiotois must ineludethe f011owing_Statetnent recitiired.by 40 CFR Part • "The contractor shall-net discriminate on the basis Of race,color, national'origin or:Sex in the performande of this contract The Contractor shall catty out applicable requirements of 40 CPR'part 33 in the award and administration of contracts awarded under CPA financial assistance agreements:failure by the Contractor to carry out these requirements is.a material breach of this contract which may result in the termination Of thia Contract or other legally:available reinedieS." The,Undersigned has initialed the items above and understands the resulting responsibility for each itern. 't 24,0 Signature ', Date 12-re .1 Title Company Accessibility Alternative formats DEQ can provide documents in an alternate format or in a language other than English upon request.Call DEQ at 800-452,4011 Or email deqinfo@deq.state,or.us, o F a ATTACHMENT 3 ,1. 41 'r �.�.�3 re on Department of Environmental Quality j,i Western Region Medford Office '-,iii4.9.-- 221 Stewart Avenue,Suite 201 Kate Brown,Governor Medford,OR 97501 (541)776-6010 FAX(541)776-6262 TTY 711 March 1,2022 Scott Fleury,Public Works Director City of Ashland 51 Winburn Way Ashland, Oregon 97520 RE: Ashland Wastewater Treatment Plant WQ Jackson County/NPDES Permit No. 101609/DEQ File No. 3780 Clean Water State Revolving Fund Loan No. R11755 PLAN APPROVAL—Outfall Relocation Dear Mr.Fleury: DEQ has completed our review of the above referenced project as required per OAR 340-52. DEQ received the final plans via email on February 11,2022. The plans are signed by Daniel J Peterson,PE and the specifications are signed by Matthew John Baldwin,PE,both of Jacobs Engineers. The technical activities fee associated with this project is $1,312.DEQ will send a separate invoice. The outfall relocation project is consistent with the 2014 wastewater facilities plan and the 2019 predesign report associated with this project.As part of this approval,DEQ is also approving the 2019 predesign report. Project Description The following is a brief description of the project: • Construction of a new gravity effluent pipeline intercepting the existing outfall pipe to a new outfall in Bear Creek.The new pipeline will consist of approximately 1302 feet of 36"PVC pipe, 737 feet of 30" HDPE pipe and ten manholes/access ports. • Construction of an approximately 9' by 5' diversion structure over the existing outfall pipe about 15' upstream of the Ashland Creek discharge point. • Construction of a new Bear Creek outfall with a 30"flanged rubber duckbill check valve. The 30"HDPE pipe will be encased in concrete for stability. • Replacement and realignment of existing sanitary sewer in two places, one consisting of approximately 1000' of 12"HDPE pipe and four manholes, and the other consisting of approximately 360' of 12" HDPE pipe. The project also includes work on the Ashland Pond intake and outfall structures.DEQ does not have any plan approval authority over these activities. Plan Approval Conditions The wastewater treatment effluent conveyance portion of the plans are hereby approved provided the following conditions are met: • Ashlaikd Wastewater Treatment Plant—Outfall Relocation Project March 1,2022 Page 1 of 3 1. The downstream side of the effluent diversion box must be grouted to prevent ponding in the box. DEQ recommends leaving the bottom half of the existing pipe in place and grouting around the half pipe. Alternatively,the pipe may be completely removed, and the box grouted to form a channel through the box. Grout must be sloped up the inner walls. This will assure that any water in the box drains to Ashland Creek. 2. A level sensor must be installed in the upstream side of the effluent diversion weir. The level sensor must send a signal to the treatment plant's SCADA system. The SCADA system must be programmed to estimate the amount of flow discharged to Ashland Creek and alert the operators when there is flow over the weir to Ashland Creek. 3. The 30"flanged rubber duckbill check valve must be installed per the manufacturer's instructions. If the valve has a curved bill,the valve must be installed so the bill points downstream. Since these valves have a lifting clevis on the top,please verify that the curved bill, if any,will point downstream with the lifting clevis on top. 4. Please note the following typographical errors: a. Sheets G-007 and C-202: OMH-01 outlet should be 30",not 36". b. Sheet C-221: Top of the sheet indicates"Ashland Creek",this should be"Bear Creek". 5. Construction must not take place unless under active inspection by the design engineer or his/her designated representative. 6. During construction,the city must assure that all the recordkeeping requirements of DEQ's Design-Bid- Build Manual for the Clean Water State Revolving Fund are met: http://www.oregon.gov/deq/Filterpocs/ConstManual.pdf. 7. Ashland must not accept or allow operation of the modifications without an appropriate modification to the plant Operation and Maintenance manual as required by OAR 340-52-040(4). The manual must conform to DEQ published guidelines,which we will use as the basis for our review. The guidelines are available on DEQ's website at https://www.oregon.gov/deq/FilterRulemakingDocs/div52- stpommanuals.pdf. 8. We recommend submittal of the proposed modifications to the O&M manual at the start of construction. A final O&M manual should be submitted at the 50% construction point to provide DEQ ample time to review and approve the final document by the completion of construction.Final approval of the O&M manual is required prior to operation of the new system. 9. The city must submit draft project performance standards for the new facilities prior to the 50% construction point and revised final project performance standards are by the 90% construction point. The standards must conform with requirements in DEQ's Design-Bid-Build Manual for the Clean Water State Revolving Fund(http://www.oregon.gov/deq/Filterpocs/ConstManual.pdf) and the following: a. Sanitary sewer pipe and manhole testing criteria must be included in the performance standards. b. Water levels in manholes must be measured during at least one high flow event and compared against the water levels expected in the hydraulic profile. c. Photographs of the discharge into Bear Creek during both low and high flow. d. The level sensor in upstream side of the diversion structure must be tested to confirm that the levels are accurate and that an alarm is appropriately triggered. Ashland Wastewater Treatment Plant—Outfall Relocation Project March 1,2022 Page 1 of 3 10. One year after initiation of operation,the city must certify whether the project meets its performance criteria. Certification must be accompanied by a report consistent with the approved Performance Certification Standards,which demonstrate the certification being affirmed. The city must correct any factors that do not meet the performance criteria as described in a corrective action plan previously approved by DEQ. 11. The final project must conform to all applicable electrical,plumbing,building,fire,and mechanical codes and safety requirements. 12. Upon completion, construction must be inspected and certified to DEQ in writing by the design engineer or his/her authorized representative as set forth in OAR 340-52-040. A certification form is available online at: https://www.oregon.gov/deq/FilterPermitsDocs/InspectCertConstruct.pdf 13. As-Built plans must be prepared upon completion of construction. The plans must be reviewed and approved by the design engineer or his/her designated individual. The As-Built plans are not required to be submitted to DEQ. Ashland must retain the As-Built plans for use in future sewer extension projects, collection system maintenance, and long-term facility/master planning endeavors. 14. This plan approval is valid for one(1)year.If construction has not commenced within one (1)year,plans must be resubmitted along with the appropriate fee for approval unless waived by DEQ. Permit Holder Responsibilities DEQ considers the Ashland as the party responsible for ensuring that the above conditions of approval are met. As holder of the National Pollutant Discharge Elimination System(NPDES)permit authorizing this project,Ashland is responsible for assuring timely submittal of the engineer's certification.Ashland must verify that the project inspector requires erosion controls and that the controls are effective and maintained. Ashland must verify that contractors, as well as Ashland crews, adhere to DEQ guidelines for proper flushing of water lines. For specific procedures,refer to the state dechlorination requirements posted at: https://www.oregon.gov/deq/Filterpocs/chlorwaterdisp.pdf. This letter of approval satisfies the requirements of OAR 340-52 for sewage works construction. Given that this project is being funded in part by Clean Water State Revolving Loan funds,the project officer should be contacted prior to advertising for bids to ensure all CWSRF requirements have been satisfied. For this project,the appropriate contact is Alexis Cooley, at(541)687-7341. Please address all submittals to my attention and contact me at(541) 776-6242 if you have any questions. Respectfully, 6,031/14rest....gkid Jonathan Gasik,MS,PE Senior Environmental Engineer cc: Oregon DEQ Medford Office Engineering File ec: Daniel Peterson,PE,Jacobs Engineers Matt Baldwin,PE,Jacobs Engineers Dave Gies,Wastewater Supervisor, City of Ashland Alexis Cooley, CWSRF Project Officer,Eugene,DEQ