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HomeMy WebLinkAbout2019-295 PO 20200233- HDR Engineering Inc ICO Purchase Order � E rag Fiscal Year 2020 Page: 1 of: 1 :gki Sir IIs, hviL B City of Ashland — I , ATTN: Accounts Payable Purchase L AshlandaiOR 97520 Order# 20200233 T Phone: 541/552-2010 • 0 Email: payable@ashland.or.us • 1 V H ,C/O Public Works Department E HDR ENGINEERING INC I 51 Winburn Way N PO BOX 74008202 p Ashland, OR 97520 O CHICAGO, IL 60674-8202 •Phone: 541/488-5347 R TFax: 541/488-6006 _•1§t=(=I a_l-�'setelAl i -'—.le[°�=F�_�� Is��f-i�I l��`I xisl I _ = •��__.�i£._�asa�-[..1=_IE c�� 1- (EIC�E(�s-� i [ -i �. _ -- -' • aula 11111M11111111111 ��, • Brown_. ---__ - -- a�___„-��.� tom:..._ ;_tie.i-t � z�}.S •n,�_._-_. v _�_.����i, i 1 ..2�.s _).—_ _ M al _ 2369 • FOB-ASHLAND_ OR/NET30 1' Ci_t _Accounts Pa able— {£. IEa,vv - ,._-- :.-_ �i'�_F7"-1 £.I=_g E 2 _ __ �E - 36 3$� £ �Sa'j't- - [ -. 1S�J Design 7.5 MGD WTP Phase 2 _ . 1 Design of a 7.5 MGD Water Treatment Plant- Phase 2 . 1 $ •,662,659.0000 $3,662,659.00 ( Personal Services Agreement(Greater than $25,000.00) Completion date: 06/30/2021 Project Account: E-201820-999 Project Account: E-201820-999 *************** GL SUMMARY*************** ' • 081900-704200 $3,296,393.10 083800-704200 $366,265.90 • j By: 1,-)01:46-111 Date: l 01 a 3 f i el �_ -�— _—_- Authorized Signature • � >([.- . $3 662 659.00 9 �1 li i . c),06,z_v_e_ r___) (?).4„. . FORM #3f P( CITY OF A rawest L t for i Purchase 'Oac`e' 11 ASHLAND ,, 7—® ® 09/2012019 REQUISITION Date of request: Vendor Name HDR Address,City,State,Zip 1050 SW Sixth Avenue,,Suite 1800 Portland,OR 97204 Contact Name Jeremy Holland Telephone Number 503-896-2883 Email address ' jeremy.holland a(�,hdrinc.com SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Invitation to Bid 0 Emergency ❑ Reason for exemption: Date approved by Council: 0 Form#13,Written findings and Authorization ❑ AMC 2.50 _(Attach copy of council communication) ❑ Written quote or proposal attached ❑ Written quote or proposal attached _(If council approval required,attach copy of CC) O Small Procurement 0 Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: 0 State of Oregon ❑ Direct Award (Attach copy of council communication) Contract# O Verbal/Written quote(s)or proposal(s) I Request for Qualifications(Public Works) 0 State of Washington - Intermediate Procurement Date approved by Council: 10/01/2019 Contract# _GOODS&SERVICES (Attach copy of council communication) 0 Other government agency contract Greater than$5,000 and less thad$100,000 0 Sole Source Agency ❑ (3)Written quotes and solicitation attached 0 Applicable Form(#5,6,7 or 8) ) Contract# PERSONAL SERVICES 0 Written quote or proposal attached Form Intergovernmental Agreement Greater than p,000 and less than$75,000 ❑ Form#4, Personal Services>$5K&<$75K Agency ❑Direct appointment not to exceed$35,000 ❑Annual cost to City does not exceed$25,000. ❑ Special Procurement Agreement approved byLegal and approved/signed 0(3)Written proposals/written solicitation ❑ Form#9,Request for Approval ❑Form#4,Personal Services>$5K&<$75K City Administrator.AMC g pp by 2.50.070(4) 0 Written quote or proposal attached Annual cost exceeds$25,000,Council Date approved by Council: ❑ toCity Valid until: (Date) approval required.(Attach copy of council communication) Description of SERVICES - Total Cost •3i,i662,6591OOi ` t Design of a 7.5 MGD water treatment plant-phase 2 6 Item# Quantity Unit Description of MATERIALS Unit Price Total Cost j] Per attached quotelproposal '"TOTAL;COST.; :' Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately 201820 081900 _ 704200 3,296,393.10 Project Number -_ _ Account Number $ ,_ _ s_ _ _•_ Project Number 201820 _ — — Account Number 083800 _ 704200 ' $ 366,265.90 -- Project Number _ _ _ Account Number - -$_,_ _ _,_ _ _•_ _ IT Director in collaboration with department to approve all hardware and software purchases: By signing this requisitionretiform,l certify that the City's public contracting requirements have been satisfied. IT Director Date Support-Yes/No \.JO�+�� iNil\e d Department Head: /7® 'V/(E al to or grea er than 5,000) /44 • Department Manager/Supervisor: City Administrator: to 2 l9 (Equ or great rthan 25,000) Funds appropriated for current fiscal year: /NO 6 X/1411//1 4 10111-1/1? ' Finance Director-(Equalto or greater than$5,000) Date r Comments: Fnrm II -Renuisifinn PERSONAL SERVICES AGREEMENT (greater than $25,000.00) CONSULTANT: HDR Engineering,Inc. CI T Y O r CONSULTANT'S CONTACT: Pierre Kwan ASHLAND 20 East Main Street ADDRESS: 1050 SW Sixth Avenue, Suite 1800 Ashland,Oregon 97520 Portland, OR 97204 Telephone: 541/488-5587 Fax: 541/488-6006 TELEPHONE: 503-896-2883 EMAIL: Pierre.Kwan@hdrinc.com This Personal Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and HDR Engineering Inc., a foreign business corporation ("hereinafter "Consultant"), for the design of a 7.5 Million Gallon a Day (MGD) water treatment plant—Phase 2: Final Engineering. NOW THEREFORE,in consideration of the mutual covenants contained herein,the City and Consultant hereby agree as follows: 1. Effective Date and Duration: This Agreement shall become effective on the date of execution on behalf of the City, as set forth below(the"Effective Date"), and unless sooner terminated as specifically provided herein, shall terminate upon the City's affirmative acceptance of Consultant's Work as complete and Consultant's acceptance of the City's final payment therefore,but not later than June 30, 2021. 2. Scope of Work: Consultant will provide design of a 7.5 Million Gallon a Day(MGD)water treatment plant—Phase 2: Final Engineering, as more fully set forth in the Consultant's Scope of Services for Final Design dated September 2019,which is attached hereto as"Exhibit A" and incorporated herein by this reference. Consultant expressly acknowledges that time is of the essence of any completion or delivery date(s) set forth in this Agreement and the exhibits hereto, and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. Consultant's services are collectively referred to herein as the"Work." 3. Supporting Documents/Conflicting Provisions: This Agreement and any exhibits or other supporting documents shall be construed to be mutually complimentary and supplementary wherever possible. In the event of a conflict which cannot be so resolved,the provisions of this Agreement itself shall control over any conflicting provisions in any of the exhibits or other supporting documents. 4. All Costs Borne By Consultant: Consultant shall, at its own risk and expense,perform the Work described above and,unless otherwise specified in this Agreement,furnish all labor, equipment, and materials required for the proper performance of such Work. 5. Qualified Work: Consultant has represented, and by entering into this Agreement now represents,that all personnel assigned to the Work to be performed under this Agreement are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, if required to be registered,licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Page 1 of 6: Personal Services Agreement with HDR 6. Compensation: City shall pay Consultant at the hourly rates and for the amounts actually incurred for any subcontracting activities as set forth in Consultant's fee schedule entitled"Ashland—WTP Phase 2, Pursuit NO. 10150564,"which is attached hereto as"Exhibit"D"and incorporated herein by this reference, as full compensation for Consultant's performance of all Work under this Agreement. In no event shall Consultant's total of all compensation and reimbursement under this Agreement exceed the sum of$3,662,659.00 (three million six hundred and sixty-two thousand six hundred and fifty-nine dollars)without the express,written approval from the City official whose signature appears below, or such official's successor in office. Payments shall be made within 30 days of the date of receipt by the City of Consultant's invoice. Should this Agreement be terminated prior to completion of all Work, payments will be made for any phase of the Work completed and accepted as of the date of termination. 7. Ownership of Work/Documents: All Work product or documents produced in furtherance of this Agreement belong to the City, and any copyright,patent,trademark proprietary or any other protected intellectual property right shall vest in and is hereby assigned to the City. 8. Statutory Requirements: The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220,279B.230 and 279B.235. 9. Living Wage Requirements: If the amount of this Agreement is$21,507.75 or more, Consultant is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in that chapter,to all employees performing Work under this Agreement and to any Subcontractor who performs 50% or more of the Work under this Agreement. Consultant is also required to post the notice attached hereto as"Exhibit B"predominantly in areas where it will be seen by all employees. 10. Indemnification: Consultant hereby agrees to defend,indemnify,save, and hold City,its officers, employees, and agents harmless from any and all losses,claims, actions, costs,expenses,judgments, subrogations, or other damages resulting from injury to any person(including injury resulting in death), or damage (including loss or destruction)to property, of whatsoever nature to the extent the losses, claims, costs, expenses,or other damages are caused by the negligent acts, or errors or omissions of Consultant(including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform Work or services attendant to this Agreement)in the performance of this Agreement. However, Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs,judgments, or other damages Paused selelyy by the negligence of City. 11. Termination: directly or solely a. Mutual Consent. This Agreement may be terminated at any time by the mutual consent of both parties. b. City's Convenience. This Agreement may be terminated by City at any time upon not less than 30 days' prior written notice delivered by certified mail or in person. c. For Cause. City may terminate or modify this Agreement,in whole or in part,effective upon delivery of written notice to Consultant, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; Page 2 of 6: Personal Services Agreement with HDR g ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement or are no longer eligible for the funding proposed for payments authorized by this Agreement; or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the Work required by this Agreement is for any reason denied,revoked,suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this Agreement in the event of a breach of the Agreement by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and its intent to terminate. If the party committing the breach has not entirely cured the breach within fifteen(15) days of the date of the notice,or within such other period as the party giving the notice may authorize in writing, then the Agreement may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this Agreement. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this Agreement if Consultant fails to provide services called for by this Agreement within the time specified herein or within any extension thereof. iii. The rights and remedies of City provided in this subsection(d) are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. e. Obligation/Liability of Parties. Termination or modification of this Agreement pursuant to subsections a,b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However,upon receiving a notice of termination(regardless whether such notice is given pursuant to Subsection a,b, c, or d of this section,Consultant shall immediately cease all activities under this Agreement,unless expressly directed otherwise by City in the notice of termination.Further,upon termination, Consultant shall deliver to City all Agreement documents,information,works-in-progress and other property that are or would be deliverables had the Agreement been completed. City shall pay Consultant for Work performed prior to the termination date if such Work was performed in accordance with this Agreement. 12. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City for any purpose. Consultant shall have the complete responsibility for the performance of this Agreement. Consultant shall provide workers' compensation coverage as required in ORS Chapter 656 for all persons employed to perform Work pursuant to this Agreement. Consultant is a subject employer that will comply with ORS 656.017. 13. Assignment: Consultant shall not assign this Agreement or subcontract any portion of the Work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract of the Work shall not create any contractual relation between the assignee or subcontractor and City. Page 3 of 6: Personal Services Agreement with HDR 14. Default. The Consultant shall be in default of this Agreement if Consultant: commits any material breach or default of any covenant,warranty, certification, or obligation under the Agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; ceases doing business on a regular basis of the type identified in its obligations under the Agreement; or attempts to assign rights in, or delegate duties under,this Agreement. 15. Insurance. Consultant shall, at its own expense,maintain the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017,which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000(two million dollars)per claim. This is to cover any damages caused by any error, omission or negligent act related to the professional services to be provided under this Agreement. "Tail"coverage will be required at the completion or expiration of this Agreement for a duration of forty-eight(48)months following such completion or expiration. Consultant will be responsible for furnishing acceptable insurance certificates showing such"tail"coverage as described or continuous "claims made"professional liability coverage for forty-eight(48)months following the termination or expiration of this Agreement. Continuous "claims made"professional liability coverage will be acceptable in lieu of"tail" coverage,provided its retroactive date is on or before the Effective Date of this Agreement. This coverage will be a condition of the final acceptance of the Work performed pursuant to this Agreement. • c. General Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars)per occurrence for Bodily Injury,Death, and Property Damage. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000 (one million dollars)for each accident for Bodily Injury and Property Damage,including coverage for owned,hired or non-owned vehicles,as applicable. e. Notice of cancellation or change. There shall be no cancellation,material change,reduction of limits or intent not to renew the insurance coverage(s)without 30 days'prior written notice from the Consultant or its insurer(s)to the City. f. Additional Insured/Certificates of Insurance. Consultant shall name the City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies, excluding Professional Liability and Workers' Compensation,required herein,but only with respect to Consultant's services to be provided under this Agreement. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Agreement, the Consultant shall furnish acceptable insurance certificates prior to commencing the Work under this Agreement. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance.- If requested,complete copies of insurance policies;trust agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance. 16. Nondiscrimination: Consultant agrees that no person shall, on the grounds of race,color,religion, creed, sex,marital status,familial status or domestic partnership,national origin, age,mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of any Work under this Agreement when employed by Consultant. Consultant agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes,rules Page 4 of 6: Personal Services Agreement with HDR 1 and regulations. Further, Consultant agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 17. Consultant's Compliance With Tax Laws: 17.1 Consultant represents and warrants to the City that: 17.1.1 Consultant shall,throughout the term of this Agreement,including any extensions hereof, comply with: (i)All tax laws of the State of Oregon,including but not limited to ORS 305.620 and ORS Chapters 316,317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant; and (iii) Any rules,regulations,charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 17.1.2 Consultant,for a period of no fewer than six (6) calendar years preceding the Effective Date of this Agreement,has faithfully complied with: (i) All tax laws of the State of Oregon,including but not limited to ORS 305.620 and ORS Chapters 316,317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant; and (iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 18. Governing Law; Jurisdiction;Venue: This Agreement shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws,'rules or doctrines. Any claim,action, suit or proceeding(collectively, "the claim") between the City and the Consultant that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within the Circuit court of Jackson County for the State of Oregon. If,however,the claim must be brought in a federal forum,then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Consultant, by its signature hereon of its authorized representative, hereby consents to the in personam jurisdiction of said courts. 19. THIS AGREEMENT AND THE ATTACHED EXHIBITS CONSTITUTE THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE,IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN,NOT SPECIFIED HEREIN REGARDING THIS AGREEMENT. CONSULTANT,BY SIGNATURE OF ITS AUTHORIZED • REPRESENTATIVE,HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT,UNDERSTANDS IT,AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. Page 5 of 6: Personal Services Agreement with HDR 20. Amendments. This Agreement may be amended only by written instrument executed by both parties with the same formalities as this Agreement. 21. Non-appropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this Agreement within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this Agreement attributable to Work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion,to continue to make payments under this Agreement. In the event City has insufficient appropriations,limitations or other expenditure authority, City may terminate this Agreement without penalty or liability to City, effective upon the delivery of written notice to Consultant,with no further liability to Consultant. 22. Certification. Consultant shall sign the certification attached hereto as"Exhibit C"and incorporated herein by this reference. CITY OF ASHLAND: HDR ENGINEERING,INC. (CONSULTANT): By: By: ;h.,/ City Admim tor Signature hili A . M ail,Ls// 0/0 Printed lame Printed Name lo�7-1 ,19 V c"-e-' Pr.e =tAI]1 Date Title /o/to f2-of Date Purchase Order No. fi U � (W-9,is to be submitted with this signed Agreement) APPROVED AS TO FORM: e7":4 Assistant City Attorney ,Z7a �� / / oc / / f Date Page 6 of 6: Personal Services Agreement with HDR ), ; Exhibit A I .. , i l 1 I � I ' ' City of Ashland, Oregon Desi n of a 7.5-MGD Water Treatment Plant - .,f g i , Phase 2 i , i Scope of Services for Final Design 11 1 1 September 2019 I ' 1 I 1 l ..i -I i ., ;,.� 1050 SW 6th Ave 1 ' FN Suite 1800 Portland, OR 97204 11 1 j ' - d Table of Contents Background 1 Reference Document 2 General Tasks and Activities 2 Abbreviations 2 Authorized Scope of Services 3 Project Management 3 Objective 3 HDR Services 3 City Responsibilities 4 Assumptions 4 Deliverables 4 PHASE 2A FINAL ENGINEERING 4 Task 210 Design Services 4 Objective 4 HDR Services 5 Shannon and Wilson Responsibilities 5 RH2 Responsibilities 6 City Responsibilities 6 Assumptions 6 Deliverables 7 Task 220 Cost Estimating and Pre-Construction Support Services 7 Objective 7 HDR Services ' / 7 Mortenson Construction Services 8 City Responsibilities 8 Assumptions 8 Deliverables 8 Task 230 Distribution System Water Quality Review 8 Objective 8 HDR Services 9 Confluence Engineering Services 9 City Responsibilities 9 Assumptions 9 Deliverables ' 10 Task 240 Public Meetings 10 Objective 10 City of Ashland, Oregon i Scope of Services Design of a 7.5-MGD Water Treatment Plant—Phase 2 4 ILYZ HDR Services 10 City Responsibilities 10 Assumptions 10 Deliverables 10 Task.250 Public Relations Support 11 Objective 11 HDR Services 11 City Responsibilities 11 Deliverables 11 PHASE 2B PERMITTING 11 Objective 11 HDR Services - 11 WillametteCRA Services 12 Frison Tree Service Services 12 City Responsibilities 12 Assumptions 12 Deliverables 13 PHASE 2C BIDDING SUPPORT 14 ' Objective 14 HDR Services 14 City Responsibilities 14 Assumptions 14 Deliverables 14 • City of Ashland,Oregon ii Scope of Services Design of a 7.5-MGD Water Treatment Plant—Phase 2 SCOPE OF SERVICES Background The City of Ashland, Oregon (City) owns and operates an existing water treatment plant(WTP). The plant is aging and several issues have made continuing operation and renovation an expensive effort. The City has requested HDR to assist them in completing the design of a new WTP at the Granite site. The City is executing the project in three phases: • Phase 1 —Treatment Alternatives and Preliminary Design • Phase 2— Final Engineering, Permitting, and Bidding Support. • Phase 3—Construction Services HDR has completed Phase 1 services. This scope authorizes HDR to use the Phase 1 final documents to conduct the Phase 2 tasks. Phase 2 is divided into three sub-phases: 2A (Final Engineering), 2B (Permitting), and 2C (Bidding Support). The subsequent phase (Construction Services) will be authorized by the City in subsequent contracts. Phase 2 tasks include: Phase 2A(Final Engineering) • Prepare the 60-percent, 90-percent, and 100-percent drawings, specifications, construction schedules, and cost estimates. • Conduct value engineering/constructability reviews of the 60-percent and 90-percent drawings and specifications. • Coordinatewith the permitting effort and update documents as needed. • Conduct a distribution system water quality study_. • Present project information at City Council and committee meetings. • Provide public relations support as requested by the City. • Engage in contractor outreach to increase contracting interest in the project prior to bidding. Phase 2B (Permitting) • Prepare information for use in permit applications. • Assist the City in consultations regarding permit applications. • Submit project permit applications on behalf of the City. Phase 2C (Bidding Support) • Assist the City in advertising the project. • Participate in pre-bid conference. • Prepare and issue addenda as directed by the City. • Prepare bid tabulation sheets and assist the City in evaluating bids. • Provide Engineer's Recommendation for project award. City of Ashland, Oregon 1 Scope of Services Design of a 7.5-MGD Water Treatment Plant—Phase 2 Reference Document The final Phase 1 documents are the basis of design for which this Phase 2 scope builds upon and are incorporated as reference. These documents include the Basis of Design Report, 30% drawings, specifications table of contents, 30%-'cost estimate, and 30% construction schedule. General Tasks and Activities Unless noted otherwise, the following assumptions are used for all tasks: • Workshops and review meetings are at the City's offices. • City is responsible for arranging meeting locations and attendance of required City staff. • HDR prepares meeting agenda, handouts, notes, and presentation materials. • Deliverables consists of one draft document and one final document. Multiple revisions are not provided. • HDR will perform QC reviews on all submittals in general conformance with HDR's quality assurance/quality control procedures prior to submittal to the City. • Deliverables are submitted as Adobe PDF files uploaded to the Project SharePoint site. Native files (MS,Office, Project, AutoCAD) are provided upon request. Drawings will be prepared in AutoCAD 3D (BIM). • City review comments to draft deliverables are provided to HDR in one collated file that addresses any conflicting comments. • City review will take no longer than three weeks per document. • Final deliverables include comment responselogs that show how HDR addressed the City's review comments. These logs are provided separate of the deliverables (i.e. not attached as appendices to the documents). • Design follows the standards and care of the profession and following State, County, and applicable City construction codes and manuals (Building, Electrical, Fire, Mechanical, Energy, Stormwater, etc.) in force by October 2019. • Deliverables follow HDR standards for memoranda, drawings, and cost estimating. The Construction Specifications Institute (CSI) Master Format standard are used for technical specifications. • Contract specifications (i.e. front end Division 00 and 01 documents) are provided by the City. • City is responsible for communication with all other governmental agencies and community groups not otherwise noted below. • The City is responsible to provide access to all properties that need to be accessed during the duration of this project. • City to pay for all permitting and agency review fees. Abbreviations Below are the abbreviations used in this scope. City of Ashland, Oregon 2 Scope of Services Design of a 7.5-MGD Water Treatment Plant—Phase 2 } • AWAC City of Ashland Water Advisory Committee CSI Construction Specifications Institute LU Land Use MGD Million Gallons per Day OCCT Optimal Corrosion Control Treatment ODEQ Oregon Department of Environmental Quality ODFW Oregon Department of Fish and Wildlife ODOT Oregon Department of Transportation ODSL Oregon Department of State Lands OHA Oregon Health Authority PLC Programmable Logic Controllers SCIADA Supervisory Control and Data Aquisition SHPO Oregon State Historic Preservation Office TAP Talent-Ashland Pipeline TID Talent Irrigation District TM Technical Memorandum USACE United States Army Corps of Engineers WTP Water Treatment Plant Authorized Scope of Services PROJECT MANAGEMENT Objective The purpose of this task is to monitor, control and adjust scope, schedule, and budget as well as provide monthly status reporting, accounting, and invoicing. HDR Services 1. Update the Phase 1 Project Management Plan (Project Guide) outlining the new project scope, team organization, schedule, and communications information. 2. Coordinate and manage the project team. City of Ashland, Oregon 3 Scope of Services Design of a 7.5-MGD Water Treatment Plant—Phase 2 -i, LL 3. Prepare monthly status reports describing the following: a. Services completed during the month. b. Services planned for the next month. c. Needs for additional information. d. Scope/schedule/budget issues. e. Schedule update and financial status summary. 4. Continue preparing and submitting monthly invoices. 5. Continue holding weekly project management phone calls with the City Project Manager to review project scope, schedule, and budget issues. 6. Continue maintaining and organizing the project's internet-based SharePoint site for document storage. 7. Prepare and manage new subconsultant contracts for this phase. City Responsibilities 1. Continue to participate in weekly project management phone calls. 2. Timely processing and payment of invoices. 3. Review and process contract change requests and amendments, if needed. Assumptions 1. The project duration is no longer than 16 months. 2. One project management phone call is held per week for the duration of one hour of project manager's time. One additional hour is required for preparation and follow-up (including notes)for each meeting. 3. Invoice format follows the format used for the Phase 1 contract. 4. Expense backup are provided with each invoice per City loan requirements. Deliverables ,1. Scope of services, schedule (Gantt chart or project milestones), and budget. 2. Monthly reports and invoices (one copy with invoice e-mailed as a PDF file) 3. Monthly project schedule and budget updates. 4. Project management meeting agenda and notes. PHASE 2A FINAL ENGINEERING TASK 210 DESIGN SERVICES Objective Advance the Phase 1 documentation to prepare 60-percent, 90-percent, and 100-percent set of bid drawings and specifications. Coordinate with OHA to facilitate approval of the new WTP. City of Ashland, Oregon 4 Scope of Services Design of a 7.5-MGD Water Treatment Plant—Phase 2 c r)1 HDR Services 1. Conduct Phase 1 conference call with the City to discuss/confirm items between the • conclusion of Phase 1 and the start of this contract. a. Coordination with Water Comprehensive Plan—plant flowrate and storage volumes. b. Coordination with Electric Department—power feeds and transformers. c. Coordination with Building Department—permitting schedule. d. Cut and spoils disposal. 2. Organize and lead final design kickoff workshop for HDR to present options for City staff to select: a. General plant control philosophy— how to start/stop plant and set plant production. b. Onsite and offsite control, monitoring, and reporting including the approach for integrating controls for existing sites with the new WTP control system. c. Worker health and safety features. d. New WTP site security features including access control and video surveillance. e. Final usage of existing WTP and secondary intake. f. Coordination with City's IT department regarding routing data networking infrastructure to the new WTP site. 3. Prepare and submit 60-percent design documents. 4. Conduct a presentation to the Fire Marshal to present 60-percent design information. 5. Conduct 60-percent comment review workshop to discuss City comments and document decisions. 6. Receive, review, and prepare responses to City and Fire Marshal 60-percent comments. 7. Prepare and submit 90-percent design documents and updated Basis of Design Report. 8. Coordinate with OHA to facilitate the approval of the new WTP including the review of the Basis of Design report and the OCCT report. 9. Conduct a presentation to the Fire Marshal to present 90-percent design changes. 10. Conduct 90-percent comment review workshop to discuss City comments and document decisions. 11. Receive, review, and prepare responses to City 90-percent comments. 12. Prepare and submit 100-percent design documents. 13. Provide quality control reviews to subconsultant documents prior to incorporation to design documents and submittal to the City. 14. Coordinate internally between all disciplines and subconsultants in preparation of design documents. Shannon and Wilson Responsibilities 1. Conduct one geotechnical boring at the new WTP clearwell site. City of Ashland, Oregon 5 Scope of Services Design of a 7.5-MGD Water Treatment Plant—Phase 2 EDIZ 2. Revise Phase 1 geotechnical report. 3. Review and provide input to the 60-percent and 90-percent site/civil design. RH2 Responsibilities 1. Provide input regarding the City's current control system standards and preferred SCADA architecture. 2. Provide background information regarding the control system at the existing sites and approach to transfer controls from existing WTP to the new WTP. City Responsibilities 1. Review the design documents and cost estimates, and provide comments at each design phase. 2. Participate in overview workshops. 3. Provide City's contractual front-end specifications (i.e. Division 00 and 01 documents)for HDR's incorporation. 4. Attend conference calls with OHA. Assumptions 1. Phase 1 review conference call is two hours in duration and attended by Pierre Kwan and Verena Winter. 2. Workshops are budgeted for eight hours each and attended in person by Pierre Kwan, Verena Winter, Katie Walker, Jeff Semigran (60-percent and 90-percent workshop only), Rich Stratton (kickoff workshop only). Others may attend by phone as needed. 3. HDR's effort excludes reviewing the existing condition and embankments at the access road creek crossing, and the condition, size, and capacity of the existing culvert. 4. Landscape design/re-vegetation plan will meet City code. 5. City has an existing radio path analysis and will update it as needed. 6. Coordination with OHA will be handled by conference calls only. Three calls are anticipated lasting two hours in duration and attended by Pierre Kwan, Verena Winter, and Katie Walker. 7. Roadways will be designed to ODOT standards. 8. A decision log will be developed to track decisions made at each design milestone. 9. HDR will design the facility following the general and applicable guidelines using the Envision and LEED environmental scoring systems to incorporate features to save energy and reduce environmental impacts. a. These efforts will be documented in the updated Basis of Design for the City's use to public meetings and communications. b. The City will not submit this project for formal Envision or LEED certification. As a result, HDR is not budgeted to develop, design around, or monitor the required documentation for such certification. City of Ashland,Oregon 6 Scope of Services Design of a 7.5-MGD Water Treatment Plant—Phase 2 1 Deliverables 1. Workshop agendas, presentation materials, decision log, and meeting notes. 2. 60-percent design: Includes 60-complete design drawings, draft major equipment technical specifications, and 3D model. 3. 90-percent design: Includes permit-ready design drawings, technical specifications, updated Basis of Design Report, and 3D model. 4. 100-percent design: Includes sealed bid drawings, compiled project specifications (HDR's technical specifications and City's contract specifications), and 3D model. TASK 220 COST ESTIMATING AND PRE-CONSTRUCTION SUPPORT SERVICES Objective Provide construction cost estimates, schedules, work sequencing, and value engineering services. HDR Services 1. Provide design information to support cost estimating and scheduling. 2. Organize and lead two planning workshop, one at project kickoff and one during 60- percent design, to: a. Plan out start-up/commissioning activities for the new WTP. b. Identify shut-down/decommissioning activities at the existing WTP. c. Establish a work sequence to bring the new WTP online and then shut-down the existing WTP. d. Identify design features that HDR needs to add to support these activities. e. Identify operational procedures that City needs to implement to support these activities. 3. Prepare for a 60-percent value engineering and constructability review together with Mortenson at Mortenson's office in Kirkland, WA. 4. Organize and lead a 60-percent value engineering and constructability review workshop at the City. 5. Prepare for a 90-percent value engineering and constructability review together with Mortenson at Mortenson's office in Kirkland, WA. 6. Organize and lead a 90-percent value engineering and constructability review workshop at the City. 7. Prepare and submit draft contractor pre-qualification requirements to the City. 8. Receive City comments to draft contractor pre-qualification requirements and incorporate into Task 210 100-percent documents. City of Ashland, Oregon 7 Scope of Services Design of a 7.5-MGD Water Treatment Plant—Phase 2 w pyo 9. Provide quality control reviews to subconsultant documents prior to incorporation to design documents and submittal to the-City. Mortenson Construction Services 1. Prepare cost estimates for the 60-, 90-, and 100-percent cost estimates. 2. Prepare construction schedules for the 60- and 90-percent deliverables. 3. Participate in preparation for 60- and 90-percent workshops. 4. Participate in the planning workshop. 5. Participate in the value engineering and constructability review workshops. 6. Organize and manage contractor outreach program to generate interest and multiple bids for project construction. 7. Provide input to draft and final contractor pre-qualification requirements. City Responsibilities 1. Participate in workshops. 2. Review and provide comments to draft contractor pre-qualification requirements. Assumptions 1. Workshops are budgeted for eight hours each and attended in person by Pierre Kwan, Verena Winter, Katie Walker, Rich Stratton (planning workshops only), Ed Griffenberg (planning workshops only), Jeff Semigran (60-percent and 90-percent workshops only), and Todd Peterson. Others may attend by phone as needed. 2. Reviews with Mortenson in Kirkland,WA are budgeted for eight hours each and attended in person by Pierre Kwan, Verena Winter, and Katie Walker. 3. The City may decide at a later date to cancel the 90-percent cost estimate. Deliverables 1. Workshop agendas, presentation materials, and meeting notes. 2. 60-percent cost estimate and schedule. 3. 60-percent value engineering tracking log. 4. 90-percent cost estimate and schedule. 5. 90-percent value engineering tracking log. 6. Final construction cost estimate. TASK 230 DISTRIBUTION SYSTEM WATER QUALITY REVIEW Objective Conduct a review of the distribution system to quantify the impacts of the new WTP treated water with the City's existing distribuiton system and blending with TAP water. In addition to evaluating any changes in the finished water quality with the new plant, OHA requires an OCCT TM be prepared. This task is being performed by Confluence Engineering Services. • City of Ashland, Oregon 8 Scope of Services Design of a 7.5-MGD Water Treatment Plant—Phase 2 HDR Services 1. Provide quality control reviews to subconsultant documents prior to incorporation into design documents and submittal to the City. 2. Organize and lead two-hour conference call to discuss distribution system operations, blending zones, current and future conditions, address questions, etc. 3. Participate in summary findings web presentation. Confluence Engineering Services 1. Develop data request. 2. Review information provided and develop system understanding. 3. Participate in two-hour conference call. 4. Prepare table/graphs summarizing and comparing finished water quality at points of entry and within the distribution system, including'seasonal variation, for key parameters related to corrosion control and pipe scale stability. 5. Identify data gap and determine need for additional monitoring to fill data gaps. 6. Update data summary graphs to incorporate new data gathered to fill data gaps. 7. Perform WQ modeling analysis utilizing WaterPro, RTW, or other modeling software to select finished water quality goals that will support optimal corrosion control at the new WTP. Modeling will include consideration of both the finished water quality at the plant and the blended water quality resulting from the mixing of sources in the distribution system. 8. Determine dosages of caustic soda or soda ash to be applied at the new WTP to provide the needed pH and alkalinity adjustment, across the range of finished water quality anticipated. 9. Summarize findings and lead a PowerPoint presentation of data delivered during a two- hour meeting via Web. 10. Prepare a draft TM summarizing study approach and recommended OCCT and associated finished water quality goals for the new WTP. 11. Receive, review, and incorporate City comments and submit a final TM. City Responsibilities 1. Conduct additional water quality monitoring if needed to fill data gaps and provide the results in table format in Excel. 2. Contract with RH2 to conduct any additional hydraulic modeling needed to understand flow paths and blending. Assumptions 1. Draft TM is no longer than ten pages in length. 2. No bench- or pilot-scale testing is included. City of Ashland, Oregon 9 Scope of Services Design of a 7.5-MGD Water Treatment Plant—Phase 2 FYZ 3. If additional monitoring is necessary, the City will conduct the monitoring in a timely manner so that the project is not delayed and the City will compile the data. Deliverables 1. Data request log: 2. Conference call agendas, presentation materials, and meeting notes. 3. Draft and final water quality and 000T TM. TASK 240 PUBLIC MEETINGS Objective Prepare materials and participate in public meetings with the City to discuss and present the project to the public. HDR Services 1. Prepare materials and participate in the following meetings: a. One City Council Study Session meeting b. Two City Council public meetings c. One meeting with Ashland Planning Commission. 2. Prior to each meeting, participate in a one-hour phone call with City staff to review presentation materials and topics. City Responsibilities ' 1. Schedule meeting dates and locations. 2. Provide comments to the presentation materials. 3. Reproduction and distribution of materials. 4. Facilitate the meetings. 5. Meetings notes is the City's responsibility. Assumptions 1. Meetings will be no more than two hours in duration and attended by Pierre Kwan. 2. Phone calls will be no more than one hour in duration and attended by Pierre Kwan. 3. Meeting materials will be materials prepared in other tasks with minimal modifications. Deliverables 1. Meeting materials (electronic files only). City of Ashland, Oregon 10 Scope of Services Design of a 7.5-MGD Water Treatment Plant—Phase 2 FZ TASK 250 PUBLIC RELATIONS SUPPORT Objective Support the City in public relations outreach in conjunction with StingRay Communications. This task will be further defined during the kickoff workshop and is based on an allowance based on time and materials of$50,000 to cover both HDR and StingRay services. HDR Services To be determined during kickoff workshop City Responsibilities To be determined during kickoff workshop Assumptions 1. The support will be defined by the City but this task can includes: a. Public flyers and posters b. Communication materials for the City's website. c. Documentation to regarding compliance with the City's Climate and Energy Action Plan. Deliverables To be determined during kickoff workshop PHASE 2B PERMITTING Objective Provide applications for conditional land use, building, fill/removal permits from City of Ashland, Jackson County, ODSL, and USACE. HDR Services 1. Prepare a Joint Permit Application.,In support of the application HDR will: a. Document that a fish passage barrier is not being created by completing the Fish Passage Plan worksheet provided by the state. b. Prepare Archaeological survey report (see WillametteCRA Services). c. Prepare a historical baseline memorandum based on field exploration d. Develop scaled drawings depicting impacts according.to ODSL and USACE guidance using the design drawings. e. Prepare a wetland and waters delineation report based on field explorations and desktop exercise. - /f. Prepare the "No effect"for Endangered Species Act listed species document. g. Prepare a Post-Construction Stormwater Management Plan that meets ODEQ requirements. City of Ashland, Oregon 11 Scope of Services Design of a 7.5-MGD Water Treatment Plant—Phase 2 s - FYZ 2. Prepare City LU application. In support of the application HDR will: a. Prepare a street•tree removal permit including completion of the risk assessment • form by an arborist(Frison Tree Service). b. Prepare pre-application conference submittal and attend Pre-Application Conference in person by Verena Winter and Brian Bauman in Ashland. c. Prepare and submit a draft and final LU application addressing the appropriate zoning requirements and information necessary to address issues detailed in the pre-application comment document. 3. Prepare and submit building permit application. 4. Prepare documents required for the submittal of the development/conditional use permit. WillametteCRA Services 1. Review records'of the SHPO, conduct limited and focused review of the literature on the Native peoples, and review historic maps of the project location. 2. Obtain an Oregon SHPO archaeological permit for the new WTP. 3. Conduct a systematic pedestrian survey of the site to determine if there is surface evidence of archaeological resources. The pedestrian survey will be supplemented by excavation of up to ten subsurface exploratory probes to determine if there is buried evidence of archaeological resources. All collected artifacts would be processed in the WillametteCRA laboratory and prepared for curation at the Oregon Museum of Natural and Cultural History. 4. Prepare a draft and final technical report with the results of the research and field survey along with recommendations for additional actions that may be necessary to meet state and federal requirements. Frison Tree Service Services 1. Prepare the risk assessment form in support of the street tree removal permit. 2. Attend meeting with Ashland Tree Commission. City Responsibilities 1. Review and provide a consolidated set of comments on draft deliverables. 2. Secure City signature on Land Use Compatibility Statement • 3. Provide payment to the agencies (City, ODSL, USAGE, ODEQ)for all permit and delineation submittals. 4. Attend Pre-Application Conference. Assumptions 5. One field visit by a historian will be performed. It is assumed the site visit will not result in finding potentially historic properties within the area of potential effect.:Findings will be documented in a TM. The Granite Street Reservoir will not be included in the area of potential,effect. 6. There will be no effect to any state or federal listed Endangered Species Act species. 7. A plant survey will not be required. , City of Ashland, Oregon 12 Scope of Services, Design of a 7.5-MGD Water Treatment Plant—Phase 2 8. City will be responsible for permit application fees. 9. The project is not within the regulated floodway or floodplain and will not require a No Rise Analysis. 10. One regulatory agency site visit is planned to be conducted to review the delineation, stream function assessment, and review the potential project,impacts. 11. Up to two staff may identify and delineate up to one perennial stream,four non-perennial streams, and one wetland during the site visit. 12. Up to two staff will attend the Pre-Application Conference with the City. Conference is two hours in duration. 13. Up to two staff will attend the Pre-Application Conference with Jackson County. Conference is 1-hour in duration. 14.A public hearing will be required to address the LU zoning requirements. Public hearing will be attended by City staff. HDR will provide support exhibits using already-prepared materials but will not attend. 15.The project will require a Type II LU approval. 16. USACE will be conducting all Section 106 consultation related to the SHPO and the Tribes. 17. No more than ten archaeological subsurface exploratory probes will be excavated. 18. No more than one archaeological resource will be identified and no more than ten artifacts will be collected. 19. Additional archaeological testing or site evaluation will be conducted under an amendment t&this scope. 20. The project will meet the stream simulation passage requirements. 21. The City has stated that fish are not present in the portion of Ashland Creek where the crossing will occur. Fish passage during construction is not necessary as this is not current or native migratory fish habitat. If ODFW requires fish passage a change in scope/fee will have to be established. 22. SHPO coordination will be conducted for the new WTP only. 23. City will complete the development/conditional use permit application and attend the meeting with the Planning Department. Deliverables 1. Draft and final Joint Permit Application. 2. Draft and final LU Application. 3. Draft and final archaeological technical report. 4. Draft and final historical baseline report. 5. Draft and final building permit application. City of Ashland, Oregon 13 Scope of Services Design of a 7.5-MGD Water Treatment Plant—Phase 2 6 PHASE 2C BIDDING SUPPORT Objective Assist the City in bid phase services associated with the project. HDR Services 1. Assist the City in advertising for and obtaining bids or proposals for the work and, where applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued. 2. Attend pre-bid conference and issue meeting minutes. 3. Issue addenda as appropriate to clarify, correct, or change the bid documents. - 4. Provide information or assistance needed by the City in the course of any negotiations with prospective contractors. 5. Attend bid opening. 6. Prepare Bid tabulation sheets, and assist the City in evaluating Bids or proposals, determining if contractors meet the pre-qualification requirements, and in assembling and awarding contracts for the Work. 7. Prepare conformed construction documents that updates the bid documents with changes identified in the addenda. City Responsibilities 1. Advertise and obtain bids or proposals for the Work. 2. Attend the pre-Bid conference. 3. Attend the bid opening. Assumptions 1. Pre-Bid Conference will occur at the City and be attended by Pierre Kwan and Verena Winter. 2. Bid opening attended by Verena Winter. 3. HDR will not provide dispute resolution services between the City and any bidders. 4. HDR will issue up to six addendum. 5. Scope does not include project rebidding for any reasons. Any HDR efforts to support a rebid will be funded by a time-and-cost amendment to this contract. Deliverables 1. Pre-Bid Conference Meeting Minutes 2. Addenda • 3. Bid Tabulation and Recommendation of Award Letter City of Ashland, Oregon 14 Scope of Services Design of a 7.5-MOD Water Treatment Plant—Phase 2 • Fee Summary - The fee associated with this scope and fee are as follows: Applied Mortenson Shannon& RH2-Eric Geotechnical Frison Tree Task HDR Construction Wilson WillametteCRA StingRay' Summers Engineering& Service Confluence Total Geologic Consulting - Project Management $242,611 $242,611 Phase 2A—Final Engineering Task 210—Design Services $2,537,176 $42,500 $10,000 $1,275 $2,590,951 Task 220—Cost Estimating and - Pre-Construction Support $109,519 $352,400 $461,919 Services - Task 230—Distribution System $9484 $90,336 $99,820 Water Quality Review - Task 240—Public Meetings $15,896 • $15,896 Task 250—Public Relations $50,000 Support $50,000 Phase 28—Permitting $127,221 $11,983 $10,000 - $149,204 Phase 2C—Bidding Support $52,258 $52,258 Total $3,144,165 $352,400 $42,500 $11,983 - $- $10,000 $1,275 $10,000 $90,336 $3,662,659 'Sting Ray effort to be determined during project kickoff City of Ashland,Oregon Scope of Services Design of a 7.5-MGD Water Treatment Plant EX IB CITY OF ASHLAND, OREGON City of Ashland LIVING ALL employers described VVAG E below must comply with City of Ashland laws regulating •a ment of a livin• wa•e. $15.39 per.hour,,Feffectwe June 30, 2019. The Living radlutted annually revery June.=30;by-the Consumer Price?Index..: Employees must be paid a portion of business of their 401K and IRS eligible living wage: employer,if the employer has cafeteria plans(including ten or more employees,and childcare)benefits to the has received financial amount of wages received by assistance for the project or the employee. D For all hours worked under a business from the City of service contract between their Ashland in excess of D Note: For temporary and employer and the City of $21,507.75. part-time employees,the Ashland if the contract Living Wage does not apply exceeds$21,507.75 or more. D If their employer is the City of to the first 1040 hours worked Ashland,including the Parks in any calendar year. For ➢ For all hours worked in a and Recreation Department. more details,please see month if the employee spends Ashland Municipal Code 50%or more of the D In calculating the living wage, Section 3.12.020. employee's time in that month employers may add the value working on a project or of health care,retirement, For additional information: Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall,20 East Main Street,Ashland, OR 97520,or visit the City's website at www.asl-)land.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASHLAND Page 1 of 1 EXHIBIT B EXHIBIT C CERTIFICATIONS/REPRESENTATIONS: Consultant,by and through its authorized representative, under penalty of perjury, certifies that(a)the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and(b) Consultant is not subject to backup withholding because: (i) it is exempt from backup withholding, or(ii)it has not been notified by the Internal Revenue Service(IRS)that it is subject to backup withholding as a result of a failure to report all interest or dividends, or(iii)the IRS has notified it that it is no longer subject to backup withholding. Consultant further represents and warrants to City that: (a) it has the power and authority to enter into and perform the Work,(b)the Agreement,when executed and delivered,shall be a valid and binding obligation of Consultant enforceable in accordance with its terms, (c) the work under the Agreement shall be performed in accordance with the customary professional standards, and (d) Consultant is qualified,professionally competent, and duly licensed (if applicable)to perform the Work. Consultant also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, it is an independent contractor as defined in the Agreement, it is authorized to do business in the State of Oregon, and Consultant has checked four or more of the following criteria that apply to its business. X (1) Consultant carries out the work or services at a location separate from a private residence or is in a specific portion of a private residence,set aside as the location of the business. X (2)Commercial advertising or business cards or a trade association membership are purchased for the business. JC (3)Telephone listing is used for the business separate from the personal residence listing. X (4)Labor or services are performed only pursuant to written contracts. (5)Labor or services are performed for two or more different persons within a period of one year. (6) Consultant assumes financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds,warranties,errors and omission (professional liability)insurance or liability insurance relating to the Work or services to be provided. (-r /o//J/ Consultant Date Page 1 of I EXHIBIT C 1 1 t EXHIBIT D 1- ..4sddaod-WTPPhuc2 . s 1 , ➢ ' a 5 g a � p s S 8 y g y S % S v S gg s • n 'yp gy `Pur U1t N0.1D15U564'., ' 1E ! .1 i i1 C 91 s § L { E 5 1 I C1 P d i I Al 1 1 I i S I 1.s I a 1 6 .. F„ S , a a a a .n a . a ,e.s .m._ s .. m.. _, a.w„s.::a an.' v1 a. m s. an a_-n s: na s w r..w s- w s .w l• -au a= los s..on a .m a +n sr w s ._ ... ' a v m xm• o.: u'..m. an a w sw a_ w s w t. w• +.,.:... . a a_:w a m s .s m a- w x..w a' . L te aa .w.. ,. w ... .. .,wo 7 ea o e o o . o ham' r.2a"1-�--+-" - _ _ _-___.._.. - .- .�____ _ _ __._ _, —.... :--- , yrtos.....larnaantsarntani.ran la ha . . ,..,_.,.a......, .1 . .I .i .1 .1 . .1 . J . I .I . . „....., and. o .1JI ! . of 1 i CU nuun,007 . • . w l 94P�ei4" e44Er?ZFFIYgaZ' "YSG3+d-g%•7`iE4 1 ago€'4 4.4 44 Xgr 4 49;4 it �, -,4,..8=','''''''ii ' �sep' 4 asara� ag° Sin y x' e s x :x;e' g !� l &, '' ' xy .... .� i' ..... 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Duns Number and SAM Registration All entities that enter into contracts with a Safe Drinking Water Revolving Loan Fund recipient(i.e. contractors) must have both a DUNS number and be a SAM Registration.The links below can be provided to contractors if they have not already addressed this requirement. SAM Registration:http://ww.sam.gov/portal/public/SAM/ DUNS Number http://www.dnb.com/get-a- duns-number.html NOTE: The SAM registration expires annually and must be kept active until the SDWRLF project is closed Contract Clause Language Instructions:The following language to be included verbatim in contracts according to any accompanying instructions. 2. Source of Funds Work under this contract is funded by the federal Safe Drinking Water Revolving Loan Fund through Business Oregon and a partnership of Local'and/or Private Funds. 3. Whistleblower(language to be included in all construction contracts and subcontracts) "Contractor receiving SDWRLF funds shall under or through this contract to, post notice of the rights and remedies provided to whistleblowers under No Fear Act Pub. L.107-174.29 CFR§1614.703 (d)." 4. Non Discrimination "The contractor shall not discriminate on the basis of race,color,national origin or sex in the performance of this contract.The contractor shall carry out applicable requirements of 40 CFR part 33 in the award and administration of contracts awarded under EPA 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 this contract or other legally available remedies." 5. Termination for Cause and for Convenience&Breach of Contract "Contractor shall address termination for cause and for convenience,including the manner by which it will be effected and the basis for settlement. In addition,contractor shall address administrative, contractual,or legal remedies in instances where contractors violate or breach contract terms,and provide for such sanctions and penalties as appropriate." 6. Intellectual Property(language to be included in all contracts:) "Contractor hereby grants to the U.S. E.P.A.a royalty-free, nonexclusive,and irrevocable license to reproduce, publish or otherwise use,and to authorize others to use,for federal government purposes, any intellectual property developed under this contract. Contractor shall secure from third parties the same license in the name of the U.S. E.P.A. regarding any intellectual property developed by third parties as subcontractors to perform this project,or developed under contract with the Contractor specifically to enable Contractor's obligations related to this project." 7. Inspections;Information(language to be included in all contracts and subcontracts:) "Contractor shall permit,and cause its subcontractors to allow[insert name of water system Owner),the State of Oregon,the federal government and any party designated by them to: (1) Inspect and make copies of any accounts, books and records,including,without limitation, its records regarding receipts,disbursement,contracts,and any other matters relating to the Project, and to its financial standing,and shall supply such reports and information as reasonably requested. (2) Interview any officer or employee of the Contractor,or its subcontractors,regarding the Project. Contractor shall retain all records related to the Project for three years after final payments are made and any pending matters are closed." 8. Prohibition on the Use of Federal Funds for Lobbying(Certification Regarding Lobbying form follows, for any contracts in excess of$100,000) (form follows) } CERTIFICATION REGARDING LOBBYING (Awards to Contractors and Subcontractors in excess of$100,000) 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 Form to Report Lobbying,"in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans,and cooperative agreements)and that all subrecipients shall certify anddisclose accordingly. This certification is a material representation offact 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 failsto 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. Signed `—? o Title a C-C Praiko Date . _w.._,,,� ,__ ... _._.., r,..__._ ... Legalepart`net Review ?6'> DOCUMENT,'TRANSMITTAL AND,.CON'T`ROL This form°will accompany the document through°the,drafting?reva�red ,nd s gnature.processes,and will ; be;kept°with the City's final.executed copy of;the docume t.` Re'''''_ d fields are indicated in gray scale. f " " < Document: he° . ase',?fin, design contract(Water•Treatment Plant) ` (Include namesaf parties to the document) Type of Document Contract.® Lease°❑ , Easement 0 Deed,0 TGA Other(Spec ) " Dept Contact: Tami.De.lvli le-Campos, ACTION REQUESTED Public Mix •Phone EXt'::z4zo • C} Review Draft Date submitted to Legal 09/12)2019 t ❑ Approve final and forward t© � F Draft due by (Ui6ess indicated Legal wilt t�turn'document .. Return`Requested by Tami DeMi11e Campos Complete trios section ONLY tl e first tame this form is filled.out f Has this document been previously worked onby the,Legal pep tStaff? - No. ❑"°Yes ' if es by whom y `? LEGAL DEPT First Date Received by Legal Date:!,:::,,' RIt ( °� By: '<" USE ONLY Retur• ned to Dept. for Revision' ` Date; By - - Received for additional°review by-Legal Date:: By �. < „ Returned to'Dept:for Revision:" Date: By 1 Received<`for additional review by Legal ° Date:' By 0 < `Returned to Dept.'for Revision Date:' By 1. < . ° Received'for a .c.ai. - ,Revision view by Legal Date: By f - , . Returned to Dept for Revision Date:: 7`,,,,,„,0-y:::.,.. Final Logged out by Legal Date: By!"; j Comments from LEGAL to DEPARTMENT: Comments from DEPARTMENT toL ® �. 1 d See-Attached The final scope and cost is st111 being worked out behind the " ,., e ,, scenes but we wanted to,"get this river to you as soon as posstbleiso you caro begin review:; et , -'''' pati g HDR wantin,,to use the same:contract template as phase 1 chan "es" ou a eed to Would; ou lease review and et 1t f ., g � � } . Y p �. ` . back to us`.;4,5,7()=-(3 s soon as you'are,able toe < < ,m < " � f ( EE Return-original a ecuted.document Does"this document need to be recorded9 Recorder,for safekeeping?;; ❑ No s, Yes No ❑ -Yes °° ° I CITY ADMINISTRATOR/DEPARTMENT HEAD I Please do not.sign the attached-document until this for ° tis been ed by file Legal Dept below Date. . , FINAL LEGAL DEPARTMENT APPROVAL.. e ' GcUegaltDEPARTMENTS\Contracting\F'}RMStLegal Doc Transmittal.-KLB.docx 9 J I Council Business Meeting October 1 , 2019 Agenda Item. Award of a Professional Services Contract; Phase 2, Final Engineering for a New 7.5 Million Gallon per Day Water Treatment Plant From Scott Fleury PE Deputy Public Works Director Contact Scott.fleury(a�ashland.or.us, (541) 552-2412 SUMMARY Before the Council is an award of a professional services contract with HDR for$3,662,659,to complete phase 2, final engineering for a new 7.5 million gallons per day(MGD)water treatment plant(WTP). The Council approved phase 1,preliminary engineering at the September 18, 2018 business meeting. Engineering services for the project were broken into distinct phases that include preliminary engineering, final engineering, bidding services and construction administration of a new 7.5 MGD WTP. Only phase 2, final engineering, is before the Council for approval at tonight's meeting. Phase 2 includes the completion of final plans and specifications in order to publicly solicit the construction phase. POLICIES,PLANS & GOALS SUPPORTED City Council Goals: Essential Service-Drinking Water System Emergency Preparedness Address Climate Change CEAP Goals: Natural Systems: Air,water, and ecosystem health, including opportunities to reduce emissions and prepare for climate change through improved resource conservation and ecosystem management. Strategy NS-2: Manage and conserve community water resources Strategy NS-3: Conserve water use within City operations Continue to leverage resources to develop and/or enhance Value Services Department Goals: • Maintain existing infrastructure to meet regulatory requirements and minimize life-cycle costs • Deliver timelylife 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 Staff has generated a chronological decision point memo that outlines previous Council decisions associated with the water treatment plant project. The memo contains links to all staff reports submitted to Council for the water treatment plant projects. See attachment#2. BACKGROUND AND ADDITIONAL INFORMATION The Council previously awarded phase 1;preliminary engineering contract to HDR for development of the 7.5 MGD WTP. To date HDR has developed preliminary engineering documents and estimates for 30% design. This information is encompassed in the Basis of Design Report. HDR and staff presented an update on the process to Council at the August 5,2019 Study Session. Page 1 of 8 CITY OF ASHLAND J The primary scope for phase 2 final engineering is the development of plans;specifications and estimates for the 7.5 MGD WTP and clear well. These final plans will be the documents used to perform a public solicitation for the construction phase. Phase 2A(Final Engineering) • Prepare the 60-percent, 90-percent, and 100-percent drawings, specifications, construction schedules, and cost estimates. • Conduct value engineering/constructability reviews of the 60-percent and 90-percent drawings and specifications. • Coordinate with the permitting effort and update documents as needed. • Conduct a distribution system water quality study. • Present project information at City Council and committee meetings. • Provide public relations support as requested by the City. • Engage in contractor outreach to increase contracting interest in the project prior to bidding. Phase 2B (Permitting) • Prepare information for use in permit applications. • Assist the City in consultations regarding permit applications. • Submit project permit applications on behalf of the City. Phase 2C (Bidding Support) • Assist the City in advertising the project. • Participate in pre-bid conference. • Prepare and issue addenda as directed by the City. • Prepare bid tabulation sheets and assist the City in evaluating bids. • Provide Engineer's Recommendation for project award. Climate Energy Action Plan (CEAP) The CEAP develops strategic initiatives to maximize the conservation of water and electricity within the city. The focus for the city's water system is interwoven into the natural systems sections. Public Works staff who provide management over the water system strive to ensure sustained access to high quality drinking water. The focus is on not only reducing the effects on climate change through resource management, but also through developing redundancy, resiliency and efficiency into the water system. 2015 CEAP Data I Changes to snowpack and water Heavy rainfall and drought risk availability 71 to-86%decline in +0.8-1.3 in rainfall increase April 1 snowpack in the Middle Rogue subasin during the heaviest rain days More precipitation as rain instead of snow +4-6 day increase in the longest dry spells Earlier springsnowmelt More winter precipitation ` Higher-winter streamilow Lower summer streamflow Water Conservation Program Development of the new water treatment plant and management of the City's water system are infused with CEAP strategies. The City has a robust water conservation and incentive program that focuses on the reduction of potable water usage for domestic and irrigation systems. The conservation program has hosted graywater workshops for both residents and contractors in order to detail all requirements of graywater Page 2 of 8 CITY OF ASHLAND systems. In development of the 2020-2040 water master plan update a conservation program tool was added that develops the cost benefits of conservation programs.This cost benefit analysis has allowed the conservation division to better focus on programsthat provide the best"bang for your buck". The water utility also has a tiered rate structure to provide incentives for conservation among the largest water uses. The conservation program has been formally tracking gallons saved per program since 2012. 2018 Conservation Program details: 2018 #of Rebates Gallons Saved (2018) Toilets 84388,999 1 5lowerfeads_ ._ 123., _1,186,250:. Bathroom:AeratorsX117 668_.. ,863�, Kitchen Aerators 3:6 19 X163 Washing Machine. 22' . .._151,256 `< 1 Dishwashers 6 3,888 OutdoorAuditsF.:.. . ?.1k_..._._ . _.. "°' 710,000 _ Completed LRPs Total 3,627,201 Water Supply Climate can have a significant effect on the City's water system; supply,treatment and distribution. These effects include the potential for less winter snowpack,more spring rainfall and higher summer temperatures leading to the potential of more algal blooms. The Oregon Health Authority(OHA)has developed a rule that began in December of 2018,.that requires specific testing protocols and noticing for algal toxins in both raw and finished water supplies. OHA recommends a multibarrier approach to managing cyanobacteria in water supply systems. The multibarrier approach includes treatment technologies and efficient management of the treatment train. The proposed new WTP features an effective and proven technology of conventional treatment that includes pretreatment with ozone, coagulation,high rate sedimentation, filtration using granular activated carbon and disinfection. The treatment train is being designed to manage taste and odor compounds that are prevalent in the city's source water during summer, but also to manage cyanobacteria that is generally present during summer as well. The current direct filtration plant is limited in its ability to apply a multibarrier approach for taste and odor compounds and cyanobacteria due to the pre-treatment lack of chemical contact. time with raw water prior to coagulation and filtration. The proposed new WTP also includes high rate sedimentation, a process that is lacking in the existing plant. The sedimentation process was specifically added to handle the greater periods of turbid water in Reeder Reservoir generated from larger amounts of soil washing into the water from more frequent and intense rainfall. The City is in a strong position with respect to water supply with redundant and resilient storage.First with its main storage from Reeder Reservoir, domestic and municipal rights from the Talent Irrigation District(TID) that can be treated for potable water and the addition of the Talent Ashland Phoenix (TAP) emergency connection that can supply potable water to Ashland from the Medford Water Commission(MWC). The City currently operates with the supply strategy to use Reeder Reservoir water first and as primary, supplement with TID as needed early in the season to maintain.Reeder Reservoir levels and then lastly supplement with TAP if needed based on end of season conditions. Page3of8 CITY OF ASH LAN D Envision HDR is assisting the City in implementing the ISI Envision program, a nationally-recognized framework for designing and constructing community-focused environmentally-sustainable infrastructure projects. Some of the major program tenets that we will continuously incorporate are: • Quality of Life—review of how the WTP project impacts the community and how the project is incorporated into existing networks and aligns with community goals. It includes credits for minimizing light pollution and construction impacts, and enhancing public spaces and amenities. Credits in this category include deterring vandalism,providing trails access, and community engagement, and institutional policies to advance equity. • Leadership—encourages holding value engineering sessions,providing for stakeholder involvement, making the project sustainable, and planning for long-term monitoring and maintenance. • Resource Allocation—concerned with the resources used on a project and the impacts on the overall sustainability. Credits include reducing construction/balancing earthwork, reducing energy consumption, using renewable energy, and preserving or reducing water consumption. • Natural World—understanding and minimizing impacts on natural systems. It includes credits like managing stormwater, using native landscape that does not require fertilizers or pesticides, and protecting soil health. • Climate and Resilience—minimizing emissions and ensuring a resilient project. Credits include reducing emissions from construction and operations, incorporating risk and resiliency goals and strategies as project features, and better integration of infrastructure. Resiliency The water treatment plant is being designed following guidelines in the 2013 Oregon Resilience Plan-water systems. The new water treatment plant will be designed to meet current seismic building codes, approved by building permits through the City's building division and inspected as required to ensure compliance with all applicable codes and specifications. The building codes are expected to be updated in October of 2019 and seismic requirements will be even more stringent. The current plant is constructed from unreinforced masonry and susceptible to earthquake damage as it was designed and built during a time when earthquake resiliency was not a consideration. The new WTP has been specifically placed at a location and elevation that allows it to survive and continue operating after either a 100-year flood as well as a catastrophic breach of Hosier Dam. In addition,the Water Infrastructure Act of 2018 requires community water systems,that serve more than 3,300 people, complete a risk and resilience assessment and develop an emergency response plan. The assessment must be completed by June 30, 2021 and the emergency response plan completed by December 30, 2021. The assessment is meant to identify all physical assets of the water system including electronic,. computer and automated systems with a focus on developing improvement needs for risk resilience. The emergency response plan is meant to develop strategies to improve resilience,provide response for a malevolent action or natural hazard and strategies to detect each. The design of the new water plant is taking this into account with the goal to operate a resilient,redundant, efficient plant. Below you will find an Emergency Recovery Protocol. Page 4 of 8 CITY OF ASH LAN D 3 KEY TO THE TABLE TARGET TIMEFRAME FOR RECOVERY: Desired time to restore component to 80-90%operational l @ Desired time to restore component to 50-60%operational Y Desired time to restore component to 20-30%operational I fl Current State(90%operational) X TARGET STATES OF RECOVERY:WATER a WASTEWATER SECTOR(COAST) 2 6 11fyyt 0-24 1-3 3-7 1-2 weeks 1-3 3-6 month 1-3 3+ °Caaw hours days days weeks —1 months month s—i years years month year Domestic Water wPPIV Potable water av able at y souice(w7P,wels .. Y source fWTp,wells impoundment) Main transmission facilities,pipes, pump stations,and R .. Y Q X reservoirs (backbone) operational Water supply to critical facilities C) Y O X • available Waterferfue- • suppression—at Y I Q x key supply points Waterforfire suppression—at © Y. © x fire hydrants Water available at community v O x distn3ution centers/points Distribution system a -y' Q X operational • Plant Sizing The proposed new water treatment plant is being sized for an initial peak capacity of 7.5 MGD of maximum production and when needed the infrastructure has the ability to expand to 10 MGD. The current plant has a maximum day production rating of 7.5 MGD. The city is currently is finalizing a water master plan update for the 2020-2040 planning period. The master plan update has updated demand projections that show daily demand of 6.6 MGD* within the 2040 planning period based on current trending(without conservation). This demand projection is down when compared to the 2012 projection of 7.4 MGD*by 2020 and 7.99 MGD* by .2030. The design life of the new water treatment plant is intended to be 80+years and the initial design footprint and major structures should account for demand projections developed during this planning period. As detailed above these demand projections vary and will be assessed in subsequent master plan updates. *note these are maximum day demand. Pumping Decisions with respect to the water system are not meant to act independently of each other as all work together as a"system" and there are trickle down effects that need to be managed. The City's current system is a combination gravity feed and booster pumped distribution network. The current configuration allows complete gravity feed into the city's two primary drinking water supply reservoirs, Crowson and Granite. From these two locations there are four pump stations that boost water to higher pressure zones and throughout the city and one pump station that sends raw water from the Ashland Canal to the treatment plant. The new treatment plant will be located below the Crowson reservoir which will require pumping to fill. Reducing water and energy resource use associated with Ashland's built environment will reduce emissions, Page 5 of 8 CITY OF ASHLAND r ease loads on the utility, and help secure resource supply and resiliency in a changing climate. The introduction of renewable energy sources can reduce energy-related emissions to an extent, but improved energy use efficiency will also be required to achieve deep emission reductions. One way to reduce electricity consumption for the water system is through reduction in pumping requirements. Work associated with the treatment plant design and the water master plan update has developed a formal plan to reduce the overall pumping requirement of the WTP by 60% in the planning period if recommended pipeline improvement projects occur, resulting in a savings of 235,000 kWh/year(equal to 22 homes/year). In addition,there is another ongoing distribution system project that will lead to the complete removal of one of the existing pump stations (South Mountain). Ozone HDR is currently performing bench scale testing for ozone system sizing and dosage requirements. Ozone is a powerful oxidant used in the treatment process to eliminate taste and odor compounds and cyanotoxins. The TID and Reeder Reservoir water are both being tested and generally late summer represents lower levels of water quality and higher levels of cyanobacteria so the system will be designed to manage the worst water quality and be scalable in dosage when not needed during times of better water quality thus reducing the power needs associated with ozone generation. Chemicals The new water treatment plant proposes using the same chemicals the current plant uses for coagulation and disinfection. Improved treatment process that include ozone and high rate sedimentation lead to generally less chemical addition requirements. Solar Energy Generation The project is also evaluating the installation of up to a 200KW solar system on the proposed plant site as a renewable energy source. The proposed site has excellent southern exposure that can be utilized with proposed building footprints to offset some of the energy requirements. There are a number of ways of funding and financing solar systems and PW staff is working with Administration and Electric Utility staff to identify the most cost effective way to expand solar generation on this and other City facilities. Plant Siting Information The Council previously awarded Keller Associates a professional services contract to develop a siting study and water treatment analysis. This work was associated with development of a 2.5 MGD WTP and 2.6 MG storage reservoir. After the scope of the project was updated to a 7.5 MGD WTP and clearwell,the siting documentation and water quality work was utilized moving forward with HDR. The siting study analyzed three distinct sites with five total plant and clearwell configurations. The Granite Pit site was selected based through pairwise comparison process with established criteria(capital cost, O&M costs, sustainability/carbon impact, expandability, access, development impacts). Page 6 of 8 CITY OF ASHLAND .., ` 17--.-,..-7;.—•:---;- -'--7:- -_ __.v _ --- 1t « - r'' 7..,___ _ t t •, . y >�ri ♦ +Y'`tk 1 r gib'} �. @R ''Rr 4 3�[I/ aS i 3'r ! ". a I ,., r'. it' J` 4! x , 114 £M.li w'x * 4 Y r u , F f its t ,t x 1.i. ` r N q‘ \\.,.— ' . ,s, ; ,� _ '�" is Y"a. i:� a-Asphalt Pit'S•ite - '� , fAvi Granl e Hig irSi a r .. , i ! ''+plr{r`fL _ , Y , Y "4- '�3tiV, y ;:'i, ` 'i '~ E t#.. .*: ,41 1 • l Y'' ~I r L, ] •?.. t,} 4' `444 aT l L,t. Granite Low Srte ; •`, 4S ' y .. • /, , t r: rt' yr.ity4 9 "1. 4 1'- �, 6. 'til;+.. S* ;' '4' .' ,, ."'`; .� +• .Concret'e High,Slte,,� ,z �. , • ) d � 1 'h' t'l ,., ` k} , .*f K '!i t'' e r., N... ' t ` . . . \1/4,: .'tki,'. ' ' La4t.: .0 y�; , C� F ._ t' ''. P. , 1 P 1..y. , 1` '1.] .�'4, * ..�, ,, . �At a �+e 250s 5t)0 1,000 .+.,,.' ' -- } 7 j , . ,�.� -44, y w M ol Plant Security A water treatment plant is considered critical infrastructure by the Department of Homeland Security and will require specific security protocols to be in place once fully constructed. These include video surveillance of the surrounding area, appropriate fencing and controlled access. Water System Historic Interpretive Display Public Works staff has reached out to the Historic Commission and Southern Oregon University regarding development of an interpretive display for inclusion with the new water treatment plant project. The intent is to visually demonstrate the history and evolution of the City's water supply,treatment and distributions systems. Terry Skibby of the Historic Commission has provided staff with numerous historic photos for use and Maureen Battistella in the sociology and anthropology department leads the development of the Southern Oregon Digital Archives. Maureen has agreed to work directly with staff to coordinate the display. FISCAL IMPACTS The proposed fee by HDR for final engineering is $3,662,659. The fee is on a time and materials not to exceed basis. The project is budgeted in the current biennium at$32,002,974. The 30%design construction estimate prepared by Mortenson Construction and presented to Council on August 5, 2019 was $35.9 million*. The final engineering will develop 60%, 90%and 100%cost estimates. The 60%and 90%estimates will be used as part of a continued value engineering approach to control/reduce overall project cost. Leading into the 2020/21 biennial budget public works contracted with Hansford Economic to analyze and project rates for the water department budget. The analysis projected rates based on the approved capital Page7of8 CITY OF ASHLAND f improvement program along with maintenance and staffing needs. The analysis detailed the recommended strategy for funding the water treatment plant project. *Mortensons 30% estimate includes construction inflation of 8.125% through the 1st quarter of 2021. Hansford Economic Hansford Economic recommends using a mixture of debt issued financing and cash reserves to fund major water system capital improvement projects in the current biennium. The City currently has a State Revolving Fund(SRF) loan of$14.8 million, of which$1,030,000 is a forgivable loan. The remaining funding requirement for the project will be through cash reserves and City-issued debt. The mixture of cash reserves and City issued debt still need to be fully determined in conjunction with expenditures for other capital improvement projects programmed in the biennial budget. The current SRF loan terms include a 1.79% interest rate repayable over 30 years,per the City's financing agreement with the State. In preliminary discussions with the Business Oregon Infrastructure Finance Authority(IFA)they are willing to work with the City to obtain the remaining unsecured funding requirements for construction of the new water treatment plant. The program available for the City to use IFA will depend on the amount of available dollars they have at the time of request. Staff continues to recommend a re-evaluation of rates heading into future biennium's as actual expenditures - for water system projects and final revenues become known values. The focus is on being consistent and maintaining the Hansford rate projections of 4%. This evaluation is important because there are three significant projects currently moving forward that will realize final construction costs and financing terms in the biennium. The projects are TID canal improvements, dam safety improvements and the water treatment plant project. STAFF RECOMMENDATION Staff recommends approval of the phase 2 final design engineering contract with HDR. ACTIONS, OPTIONS &POTENTIAL MOTIONS 1. I move to approve a professional services contract with HDR Engineering Inc. in the amount of $3,662,659 for.phase 2; final design of a new 7.5 MGD water treatment plant. 2. I move to send this back to staff to solicit a different engineer for final design. 3. I move to edit the scope of service to... (add edits). REFERENCES &ATTACHMENTS Attachment 1: Professional Services Contract-HDR Attachment 2: Previous Council Actions Memo Attachment 3: Water Conservation CEAP specific details Attachment 4: Conservation and Climate Policy Commission on Water Treatment Plant Actions Page 8 of 8 CITY OF �S H LAN D Page 1 of 2 • A`�O DATE(MM/DDIYYYI)CERTIFICATE OF LIABILITY INSURANCE 10/17/2019 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: Willis Towers Watson Midwest, Inc. PHONE c/o 26 Century Blvd (A/C.No.Ext): 1-877-945-7378 FAX No): 1-888-467-2378 P.O. Box 305191 ADDRESS: certificates@willis Nashville, TN 372305191 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Liberty Mutual Fire Insurance Company 23035 INSURED INSURER B: Ohio Casualty Insurance Company 24074 HDR Engineering, Inc. 1917 South 67th Street INSURER C: Liberty Insurance Corporation 42404 Omaha, NE 68106 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:W13397552 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 LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITYEACH OCCURRENCE-DAMAGE RETED $ 2,000,000 CLAIMS-MADE X OCCUR PREM SESO(Ea occurrence) $ 1,000,000 A X Contractual Liability MED EXP(Any one person) $ 10,000 Y Y TB2-641-444950-039 06/01/2019 06/01/2020 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY X jECT X LOC PRODUCTS-COMP/OPAGG $ 4,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y Y AS2-641-444950-049 06/01/2019 06/01/2020 BODILY INJURY(Per accident) $ • AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS-MADE Y Y EUO(20) 57919363 06/01/2019 06/01/2020 AGGREGATE $ 5,000,000 DED RETENTION$ $ WORKERS COMPENSATION X AND EMPLOYERS'LIABILITY SSTATUTE ERER H Y/N C ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? No N/A Y WA7-64D-444950-019 06/01/2019 06/01/2020 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 1111,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder is named as Additional Insured on General Liability, Automobile Liability and Umbrella/Excess Liability on a Primary, Non-contributory basis where required by written contract. Waiver of Subrogation.applies on General Liability, Automobile Liability, Umbrella/Excess Liability and Workers Compensation where required by written contract and as permitted by law. Umbrella/Excess policy is Follow Form over General Liability, Auto Liability and Employers 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 City of Ashland, Public Works Department Attn: Scott Fleury AUTHORIZED REPRESENTATIVE 20 East Main Street ‘21."6"aeAfrjke Ashland, OR 97520 ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 18692302 BATCH: 1417021 AGENCY CUSTOMER ID: LOC#: ACCWCP ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED HDR Engineering, Inc. Willis Towers Watson Midwest, Inc. 1917 South 67th Street POLICY NUMBER Omaha, NE 68106 See Page 1 CARRIER NAIC CODE i See Page 1 See Page 1 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Re: City of Ashland WTP Phase 2 Final Design 10193663. Additional Insureds: City of Ashland, Oregon, its elected officials, officers and employees. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 18692302 BATCH: 1417021 CERT: W13397552 k. 4 Policy Number: TB2-641-444950-039 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Location(s): All locations owned by or rented to the Named Insured Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. For all sums which the insured becomes legally b. Claims made or"suits"brought; or obligated to pay as damages caused by "occur- c. Persons or organizations making claims or rences" under Section I—Coverage A, and for all c. Persons or organizations making claims or medical expenses caused by accidents under bringing "suits". Section I — Coverage C, which can be attributed 3. Any payments made under Coverage A for only to operations at a single designated "loca- damages or under Coverage C for medical tion"shown in the Schedule above: expenses shall reduce the Designated Loca- tion General Aggregate Limit for that desig- 1. A separate Designated Location General nated "location". Such payments shall not re- Aggregate Limit applies to each designated duce the General Aggregate Limit shown in "location", and that limit is equal to the the Declarations nor shall they reduce any amount of the General Aggregate Limit other Designated Location General Aggre- shown in the Declarations. gate Limit for any other designated "location" 2. The Designated Location General Aggregate shown in the Schedule above. Limit is the most we will pay for the sum of all 4. The limits shown in the Declarations for Each damages under Coverage A, except damag- Occurrence, Damage To Premises Rented To es because of "bodily injury" or "property g You and Medical Expense continue to apply. damage" included in the "products-completed operations hazard", and for medical expenses However, instead of being subject to the General Aggregate Limit shown in the Decla- under Coverage C regardless of the number rations, such limits will be subject to the appli- of: cable Designated Location General Aggre- a. Insureds; gate Limit. CG 25 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 2 B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "occur- "products-completed operations hazard" is pro- rences" under Section I—Coverage A, and for all vided, any payments for damages because of medical expenses caused by accidents under "bodily injury" or "property damage" included in Section I — Coverage C, which cannot be at- the "products-completed operations hazard" will tributed only to operations at a single designated reduce the Products-completed Operations Ag- "location"shown in the Schedule above: gregate Limit, and not reduce the General Ag- 1. Any payments made under Coverage A for gregate Limit nor the Designated Location Gen- damages or under Coverage C for medical eral Aggregate Limit. expenses shall reduce the amount available D. For the purposes of this endorsement, the Defi- under the General Aggregate Limit or the nitions Section is amended by the addition of Products-completed Operations Aggregate the following definition: Limit,whichever is applicable; and "Location"means premises involving the same or 2. Such payments shall not reduce any Desig- connecting lots, or premises whose connection is nated Location General Aggregate Limit. interrupted only by a street, roadway, waterway or right-of-way of a railroad. E. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 ©Insurance Services Office, Inc., 2008 CG 25 04 05 09 .1 Policy Number: TB2-641-444950-039 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): All construction projects not located at premises owned, leased or rented by a Named Insured Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by "occur- damages or under Coverage C for medical rences" under Section I—Coverage A, and for all expenses shall reduce the Designated Con- medical expenses caused by accidents under struction Project General Aggregate Limit for Section I — Coverage C, which can be attributed that designated construction project. Such only to ongoing operations at a single designated payments shall not reduce the General Ag- construction project shown in the Schedule gregate Limit shown in the Declarations nor above: shall they reduce any other Designated Con- 1. A separate Designated Construction Project struction Project General Aggregate Limit for General Aggregate Limit applies to each des- any other designated construction project ignated construction project, and that limit is shown in the Schedule above. equal to the amount of the General Aggregate 4. The limits shown in the Declarations for Each Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A, ex- General Aggregate Limit shown in the Decla- cept damages because of "bodily injury" or rations, such limits will be subject to the appli- "property damage" included in the "products- cable Designated Construction Project Gen- completed operations hazard", and for medi- eral Aggregate Limit. cal expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing"suits". CG 25 03 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 2 ❑ • B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "occur- "products-completed operations hazard" is pro- rences" under Section I—Coverage A, and for all vided, any payments for damages because of medical expenses caused by accidents under "bodily injury" or "property damage" included in Section I — Coverage C, which cannot be at- the "products-completed operations hazard" will tributed only to ongoing operations at a single reduce the Products-completed Operations Ag- designated construction project shown in the gregate Limit, and not reduce the General Ag- Schedule above: gregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned under the General Aggregate Limit or the and then restarted, or if the authorized contract- Products-completed Operations Aggregate ing parties deviate from plans, blueprints, de- Limit,whichever is applicable; and signs, specifications or timetables, the project will 2. Such payments shall not reduce any Desig- still be deemed to be the same construction pro- nated Construction Project General Aggre- ject. gate Limit. E. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 ©Insurance Services Office, Inc., 2008 CG 25 03 05 09 POLICY NUMBER: TB2-641-444950-039 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to 1. All work, including materials, parts or include as an additional insured the person(s) or equipment furnished in connection with such organization(s) shown in the Schedule, but only work, on the project (other than service, with respect to liability for"bodily injury", "property maintenance or repairs) to be performed by or damage" or "personal and advertising injury" on behalf of the additional insured(s) at the caused, in whole or in part, by: location of the covered operations has been 1. Your acts or omissions; or completed; or 2. The acts or omissions of those acting on your 2. That portion of "your work" out of which the behalf; injury or damage arises has been p ut to its intended use by any person or organization in the performance of your ongoing operations for other than another contractor or subcontractor the additional insured(s) at the location(s) engaged in performing operations for a designated above. principal as a part of the same project. However: C. With respect to the insurance afforded to these 1. The insurance afforded to such additional additional insureds, the following is added to insured only applies to the extent permitted by Section III—Limits Of Insurance: law; and If coverage provided to the additional insured is 2. If coverage provided to the additional insured is required by a contract or agreement, the most we required by a c ontract or agreement, the will pay on behalf of the additional insured is the insurance afforded to such additional insured amount of insurance: will not be broader than that which you are 1. Required by the contract or agreement; or required by the contract or agreement to provide for such additional insured. 2. Available under the applicable Limits of Insurance shown in the Declarations; B. With respect to the insurance afforded to these additional insureds, the following additional whichever is less. exclusions apply: This endorsement shall not increase the This insurance does not apply to "bodily injury" or applicable Limits of Insurance shown in the "property damage" occurring after: Declarations. CG 20 10 0413 ©ISO Properties, Inc., 2012 Page 1 of 2 ❑ SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Any person or organization with whom you have Any location where you have agreed,through agreed,through written contract, agreement or writtencontract, agreement or permit,to provide permit to provide additional insured coverage. additionalinsured coverage Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 10 0413 ©Insurance Services Office, Inc., 2012 Page 2 of 2 POLICY NUMBER: TB2-641-444950-039 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization to whom onto which Any location where you have agreed,through you are required to provide additional insured written, contract,agreement or permit,to provide status in a written contract, agreement or permit additional insured coverage for completed except where such contract or agreement is operations. prohibited. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage"caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a c ontract or agreement, the insurance afforded to such additional insured will not be broader than that which you are. required by the contract or agreement to provide for such additional insured. CG 20 37 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 1 Policy Number TB2-641-444950-039 Issued by THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE AMENDMENT—SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Person or Organization: Where required by written contract. If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person or organization shown in the Schedule of this endorsement that qualifies as an additional insured on this policy, this policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV- Conditions will not apply. If the applicable written agreement does not specify on w hat basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section IV - Conditions will govern. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same"occurrence", claim or"suit". LC 24 20 02 13 ©2013 Liberty Mutual Insurance.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. } • POLICY NUMBER: AS2-641-444950-049 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s)who are"insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name Of Person(s) Or Organization(s): As required by written contract Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured"for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 ©Insurance Services Office, Inc., 2011 Page 1 of 1 • Policy Number:AS2-641-444950-049 Issued by:Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED-NONCONTRIBUTING This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIERS COVERAGE FORM • TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form.This endorsement does not alter coverage provided in the Coverage form. Schedule Name of Person(s)or Organizations(s); Any person or organization where the Named Insured has agreed by written contract to include such person or organization • Regarding Designated Contract or Project: • Any Each person or organization shown in the Schedule of this endorsement is an"insured"for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. The following is added to the Other Insurance Condition: If you have agreed in a written agreement that this policy will be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations, and the agreement was executed prior to the "bodily injury" or"property damage", then this insurance will be primary and we will not seek contribution from such insurance. • • AC 84 23 0811 ©2010,Liberty Mutual Group of Companies, All rights reserved. Page 1 of Includes copyrighted material of insurance Services Office, Inc„ with its permission. • e. POLICY NUMBER: TB2-641-444950-039 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization:As required by written contract or agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done un der a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1 POLICY NUMBER: AS2-641-444950-049 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Name(s) Of Person(s) Or Organization(s): Any person or organization for whom you perform work under a written contract of the contract requires you to obtain this agreement from us but only if the contract is executed prior to the injury or damage occurring. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the , person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 4410 13 ©Insurance Services Office, Inc., 2011 Page 1 of 1 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Where required by contract or written agreement prior to loss.. Issued by: For attachment to Policy No WA7-64D-444950-019 Effective Date 6/01/2019 Premium Issued to: WC 00 03 13 ©1983 National Council on Compensation Insurance, Inc. Page 1 of 1 Ed.4/1/1984 Policy Number TB2-641-444950-039 Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION OR MATERIAL REDUCTION IN COVERAGE TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY—UMBRELLA COVERAGE FORM Schedule Name of Other Person(s)/ Email Address or mailing address: Number Days Notice: Organization(s): As required by written contract or As required by written contract or written 30 written agreement agreement A. If we cancel this policy for any reason other than nonpayment of.premium, or make a material reduction in coverage, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation or material reduction of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 04 0314 ©2014 Liberty Mutual Insurance.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. r � Policy Number AS2-641-444950-049 Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION OR MATERIAL REDUCTION IN COVERAGE TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY—UMBRELLA COVERAGE FORM Schedule Name of Other Person(s)/ Email Address or mailing address: Number Days Notice: Organization(s): Per Schedule on File 30 A. If we cancel this policy for any reason other than nonpayment of premium, or make a material reduction in coverage, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation or material reduction of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 04 0314 ©2014 Liberty Mutual Insurance.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services.Office, Inc.,with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF MATERIAL CHANGE We will not make changes that reduce the insurance afforded by this policy until written notice of such reduction has been delivered to those scheduled below at least 30 days before the effective date of the material change to the insurance afforded by this policy. Our failure to provide notice under this endorsement will not affect the validity of the changes except as it relates to the person or organization listed below. NAME ADDRESS As required by written contract or written agreement In no event will the notification be less than the minimum days required for notification by state statute. Notification will be provided to all parties in a manner as required by state statute, if any. This endorsement is executed by the Liberty Insurance Corporation Premium: Effective Date:6/1/2019 Expiration Date:6/1/2020 For attachment to Policy No:WA7-64D-444950-019 6 1C42-etc ittl" Countersigned by Authorized Representative End.Serial No. WC 99 20 15 Page 1 of 1 Ed. 09/01/2010 Copyright 2010 Liberty Mutual Group of Companies.All Rights Reserved mr V I WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 20 74 (Ed. 12-16) NOTICE OF CANCELLATION TO THIRD PARTIES A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below by email as soon as practical after notifying the first Named Insured. B. This advance email notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. SCHEDULE Name of Other Person(s)/Organization(s): As required by written contract 30 Days or written agreement All otherterms and conditions of this policy remain unchanged. Issued by For attachment to Policy No. WA7-64D-444950-019 Effective Date 6/01/2019 Premium$ Issued to