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HomeMy WebLinkAbout2025-043 AGRMT Jacobs Engineering Group, IncX 11 TV 0 1 ASHLAND City Information City of Ashland Attn: 20 East Main Street Ashland, Oregon 97520 Phone: Email: • Consultant Information Firm Name Contact: Address: Phone', Email: Jacobs Engineering Group, Inc Craig Massie 1100 NE Circle Blvd, Corvallis, OR 97330 541-768-3478 craig.massie@jacobs.com Contract Summary Procurement Method:, Completion Date: Contract Amount: $64,864.00 Phase 1 VVArrP Headworks Upgrade — (Validate need, Description of Services: alternatives and recommend preferred solution Supporting Documents: Dated: Agreement for Professional Engineering Services for the City of Ashland Dated: Dated: Dated: This Personal Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and the Consultant listed under Consultant ]Information above, ("hereinafter "Consultant"), for the services listed under Description of Services and Supporting Documents as noted in the Contract Summary above. In the event of conflict between provisions of the Supporting Documents, the Supporting Documents shall be given precedence in the, order listed above. This Agreement, the Exhibits and the Supporting Documents shall be construed to be mutually complementary 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 supporting documents. The Consultant's initial's L Oe- j herein signify acknowledgment and agreement to this provision, if applicable, or if not sign "N/K. Pagel of 8 Personal Services Agreement Between the City of Ashland and Jacobs Engineering Consultant's services are collectively referred to in this Agreement as the "Work." 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 the Completion Date listed under the Contract Summary in the table one page one of this agreement. 1.1. Time is of the essence. 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 the Work called for by this Agreement within the time specified herein or within any extension thereof. 2. Compensation: City shall pay Consultant the sum listed as the "Contract Amount" under the Contract Summary on page one of this document 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 Contract Amount without the express, written approval from the appropriate Department Head or City Manager. Payments shall be made within thirty (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. 3. Consultant Obligations: 3.1. 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. 3.2. 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 services to which they will be assigned in a skilled manner and, if required to be registered, licensed, or bonded by the State of Oregon, are so registered, licensed, or bonded. 3.3. 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 Page 2 of 8 Personal Services Agreement Between the City of Ashland and Jacobs Engineering 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. 3.4. Work Performance Obligation. Consultant shall, at its own risk, perform the Work described in the Description of Services and in the Supporting Documents and, unless otherwise specified in this Agreement, furnish all labor, equipment, and materials required for the proper performance of such Work. 3.5. Certification. Consultant agrees to and shall sign the certification attached hereto as "Exhibit C" and incorporated herein by this reference. 4. Insurance: Consultant shall, at its own expense, maintain the following insurance: 4.1. Worker's Compensation. 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. 4.2. Workers' Compensation Exemption. If applicable, Consultant affirms and certifies that it is exempt from providing Workers' Compensation per ORS 656.027. Exemption criteria: Enter criteria here or delete if not applicable Consultant initials if exempt: Date: 4.3. Professional Liability insurance with a combined single limit, or the equivalent, of $2,000,000 (two million dollars) per occurrence. This is to cover any damage caused by error, omission or negligent acts related to the Work to be provided under this Agreement. 4.4. General Liability insurance with a combined single limit, or the equivalent, of $2,000,000 (two million dollars) per occurrence for Bodily Injury, Death, and Property Damage. 4.5. Automobile Liability insurance with a combined single limit, or the equivalent, of $2,000,000 (two million dollars) for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non -owned vehicles, as applicable. 4.6. 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 thirty (30) days' prior written notice from the Consultant or its insurer(s) to the City. 4.7. 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 excluding Professional Liability and Workers Compensation. 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 Page 3 of 8 Personal Services Agreement Between the City of Ashland and Jacobs Engineering 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, redacted copies of insurance policies etc. shall be provided to the City C to review at CONSULTANT's office subject to a non- disclosure. The Consultant shall be financially responsible for all pertinent deductibles, self -insured retentions, and/or self-insurance. 5. Termination: 5.1. Mutual Consent. This Agreement may be terminated at any time by the mutual consent of both parties. 5.2. City's Convenience. This Agreement may be terminated by City at any time upon not less than thirty (30) days' prior written notice delivered by certified mail or in person. 5.3. 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: 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; or 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 • If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this Agreement is for any reason denied, revoked, suspended, or not renewed. 5.4. For Default or Breach. 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. 5.4.1. 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; or ceases doing business on a regular basis of the type Page 4 of 8 Personal Services Agreement Between the City of Ashland and Jacobs Engineering identified in its obligations under the Agreement; or attempts to assign rights in, or delegate duties under, this Agreement. 5.5. Obligation/Liability of Parties. Termination or modification of this Agreement pursuant to subsections 5.1, 5.2, or 5.3 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 of whether such notice is given pursuant to subsection 5.1, 5.2, 5.3, or 5.4 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 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. 5.6. The rights and remedies of City provided in this subsection are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. 6. Indemnification: Consultant hereby agrees to 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 to the extent caused by the negligent acts, or errors or omissions or willful misconduct in the performance of this Agreement by Consultant (including but not limited to, Consultant's employees, and others designated by Consultant to perform Work or services attendant to this Agreement). However, Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, to the extent such losses are caused by the negligence of City. 7. Consultant's Compliance with Tax Laws: Consultant represents and warrants to the City that: Consultant shall comply with all Oregon tax laws, including but not limited to ORS 305,620, ORS 305.380(4), and ORS Chapters 316, 317, 318, in addition to any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions and any tax provisions imposed by a political subdivisions of the State of Oregon. 8. Living Wage Requirements: If the amount of this Agreement is $26,429.65 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 S" predominantly in areas where it will be seen by all employees. 9. Notice: Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery, by sending via a Page 5 of 8 Personal Services Agreement Between the City of Ashland and Jacobs Engineering reputable commercial overnight courier, by mailing using registered or certified United States mail, return receipt requested, postage prepaid, or by electronically confirmed at the addresses set forth on page one of this agreement with a copy to: City of Ashland — Legal Department 20 E. Main Street Ashland, Oregon 97520 Phone: (541) 488-5350 10. General Provisions: 10A1 Ownership of Work/Documents: All Work, work product, or other 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. 10.2. 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. 10.3. Statutory Requirements: The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 27913.220, 2798.230 and 27913.235. 10.4. 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 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. 10.5. Governing Law: This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any Page 6 of 8 Personal Services Agreement Between the City of Ashland and Jacobs Engineering action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed, or its venue transferred, as appropriate, so as to effectuate this choice of venue. 11. Merger: 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. 12. Standard of Care: The standard of care applicable to CONSULTANT's Services will be the degree of skill and diligence normally employed by professional engineers or consultants performing the same or similar services during the time said services are performed. CONSULTANT will reperform any services not meeting this standard without additional compensation. 13. Force Majeure: CONSULTANT is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, pandemics or other events beyond the control of CONSULTANT. In any such event, CONSULTANT'S contract price and schedule shall be equitably adjusted. Page 7 of 8 Personal Services Agreement Between the City of Ashland and Jacobs Engineering WITNESS WHEREOF, the parties have executed this Agreement in their respective name's by their duly authorized representatives as of the dates indicated below. This Agreement may be executed in two counterparts, each of which shall be deemed an original,, with equal force and effect as if executed In a single document. City of ,Ashland: Sy, Sabrina Cotta, City Manager // I/SOV5 Date Purchase Order No. APPROVED AS TO FORM: City Attorney 12.9.24 Date Jacobs Engineering Group (Consultant): 0 Signature, Printed Name Title Date (W-9 is to be submitted with this signed Agreetnent) Page 8 of 8 Personal Services Agreement Between the City of Ashland and Jacobs Engineering WITNESS WHEREOF, the parties have executed this Agreement in their respective names by their duly authorized representatives as of the dates indicated below. This Agreement may be executed in two counterparts, each of which shall be deemed an original, with equal force and effect as if executed in a single document. Inc City of Ashland: 0 Sabrina Cotta, City Manager Jacobs Engineering Grou4consultant): By: Alan Chiang Signature Date Printed Name Designated Manager Purchase Order No. 12/17/24 APPROVED AS TO FORM: f City Attorney 12.9.24 Date Title Date (A-9 is to be submitted with this signed Agreement) Page 8 of 8 Personal Services Agreement Between the City of Ashland and Jacobs Engineering Exhibit A Agreement for Professional Engineering Services for the City of Ashland Project #2024-02 WWTP Headworks Upgrade — Phase 1 Validate Need, Alternatives and Recommended Preferred Solution PROJECT DESCRIPTION The 2019 wastewater treatment plant evaluation performed by Jacobs recommended potential improvements to the treatment plant headworks. A new grit removal facility was recommended downstream of the existing headworks to eliminate operational challenges related to ragging and due to the age of the existing grit system. The new grit facility would include flow splitting to three oxidation ditches, two existing, and one planned future ditch. In addition, based on the condition of the existing headworks screening system, we further recommended the replacement of the influent screen, washer compactor and associated equipment. This scope includes the validation of the need for this proposed upgrade, an evaluation of alternatives, a recommended alternative, and associated cost estimates. BASIS OF DESIGN SCOPE AND FEE DEVELOPMENT The following key assumptions were made in the compilation of this scope of work and the estimation of the Ievel of effort: 1. The Phase 1 work on this project is expected to last 16 weeks from authorization to proceed. Preliminary alternatives will be developed within approximately 4 weeks from authorization. The draft and final reports will be developed approximately within 4 weeks of conducting the workshops. No additional workshops or deliverables are included beyond those identified in the Work Approach. 3. Where deliverable documents are identified, hereinafter, two (2) hard copies of the deliverable shall be provided in addition to electronic version in original .DOC format and stamped portable document format (pdf) version where required. 4. Except where stated otherwise, Consultant will submit deliverables for City review 1 week prior to review meeting. 5. All meetings and workshops will be held virtually by MS Teams. CiviI/Geotechnical/St ructural 1. Existing record drawings from the circa 2000 treatment plant construction will be used to document existing conditions during this phase. No additional surveying or analysis will be provided. Process/ Mechanical 1. Hydraulic assessments, flow/load projections, and liquids/solids balance will be based on the 2019 WWTP Facilities Assessment and Major Process Component Improvements Report by Jacobs, with an update to projected influent loads based on the last three years of plant influent loads and the current Portland State University population projections (2022 update) 2. Detailed hydraulic calculations will be performed during the next phase of design. Electrical and Instrumentation & Controls Systems 1. Evaluations or upgrades of the existing process control system will be considered in alternative evaluation. 2. The existing secondary and emergency electrical power supply system will be evaluated to determine adequacy to handle new loads. City -Provided Services 1. City will provide to Consultant all data in City's possession relating to Consultant's services on the Project. Consultant will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the City, and will identify any concerns with City provided data. 2. City will make its facilities accessible to Consultant as required for Consultanes performance of its services and will provide labor and safety equipment as required by Consultant for such access.. 3. City will give prompt notice to Consultant whenever City observes or becomes aware of any development that affects the scope or tinning of Consultant's services, or of any defect in the work of Consultant. 4. The City will examirne information submitted by Consultant and render in writing or otherwise provide decisions in a timely manner. 5. The City will furnish required information and approvals in a timely manner. 6. The City will provide a utility locate service to mark existing utilities, if necessary. WORK APPROACH Only the feasibility study phase is included herein, and future design phases would be contracted separately. A specific list of work products and deliverables are identified in the tasks below. Review workshops will be conducted with the City's personnel, key individuals from the Consultant's project team and others as needed; the review workshops will be conducted at critical project milestones as identified in the following section. Task 1: Project Management Task 2: Develop Alternatives Task 3: Alternatives and Recommended Project Workshops Task 1 - Project Management The purpose the Project Management task is to establish and monitor compliance with project budget and schedule. Task 1.1: Progress Meetings and Updates The Consultant's project manager will talk or email with the City's project manager weekly to review project progress and discuss upcoming work activities. The Consultant's project manager will provide monthly email summaries of work completed, upcoming activities and unresolved issues. Task 1.2: Project Management Plan The purpose of this task is to prepare the detailed project management plan that will be used during the execution of this project work. Specific elements of the plan will include: • Project Instructions: Define City and Consultant project organization, communication, project cost control procedures, document control, health and safety considerations, change management and other project management requirements. • Project Health and Safe ,, Plan: Consultant will develop a health and safety plan to apply to all employees working on this project. It will address safety in the office and during site visits. Task 1.3: Invoicing, Cost and Schedule Control The ConsuItant's project manager will manage, administer, coordinate, and integrate work of the Consultant's team as required to deliver the project within budget and on schedule. Consultant's project manager will prepare and submit to the City's project manager on a monthly basis, a brief cost and schedule status report and updated summary project schedule showing actual versus projected. The report shall include a narrative description of progress to -date, actual costs for each major task, estimates of percent complete, and potential cost variances. Deliverables: Monthly stratus reports arm invoices. Task 2 — Develop Alternatives The purpose of this task is to develop three alternatives with proposed design criteria, DEQ regulatory requirements, initial layout (one per alternative), and hydraulic considerations, including flow splits to the existing and future oxidation ditches. Alternatives will include: 1. Evaluation of the need for grit removal based on observed grit accumulation determined during the removal from service of one of the oxidation ditches in August of 2024. Jacobs and City staff observed what appeared to be a relatively small amount of buildup concentrated in anoxic selector portion of the ditch. It is understood that this is the first time the ditch was removed from service since it went online, and the grit accumulation represents approximately 20 years' accumulation. Evaluation will include an estimate of the current grit system removal, projected increase in accumulated grit based on population data, and also consider that a headworks screen with a tighter spacing than is currently used, will also remove some additional grit. 2. Evaluation of replacement of the existing screed and addition of a redundant screen in the current bypass channel. This alternative will consider the most appropriate screen technology given the configuration of the existing charmers. 3. Evaluation of the 2019 proposed headworks upgrade in the proposed Iocation and potentially located on property adjacent to the treatment plant site. Each evaluation will also consider hour flow splitting to the two existing oxidation ditches, plus one future oxidation ditch can be accommodated at the existing headworks location, at the current flow split location adjacent oxidation ditches 1 and 2, or at a new headworks location. In addition, each alternative will consider truck traffic access and potential access expansion needs. The current electrical system will be evaluated to determine if it is at capacity or if additional loads could be supported without significant upgrades. Potential instrumentation & controls system upgrades associated with each alternative will be discussed conceptually. The details of each alternative will be developed including integration into the existing plant operation, electrical needs, piping modifications and construction cost estimate. Figures will utilize existing drawings with marked up headworks modifications similar to the approach used un the 2019 evaluation. No formal CAD drawings will be provided. AACE Class 5 estimate of probable construction cost to be included. Task 3 — Alternatives and Recommended Project Workshops Following completion of Task 2, the alternatives will be presented as a draft techunicaI memorandum for evaluation at the alternatives workshop. A pair -wise tool will be employed to score the alternatives. Task 3.1: Alternatives Workshop Jacobs will present proposed design criteria including an update to projected influent loading, regulatory requirements, initial layouts, and hydraulic considerations, including flow splits to the existing and future oxidation ditches. The details of each alternative will be shared. The outcome of this workshop will be to collect City input on preliminary features and findings and provide direction for the additional consultant and City work required to finalize the understanding and evaluation of each alternative. Task 3.2: Recommended Project Workshop Jacobs will submit a draft alternatives report. A key activity of this workshop brill be to rank all alternatives using cost and non -cost factors using a pair -wise evaluation tool that will provide the City with an objective, structured approach to collect O&M and engineering input to rank alternatives. The results of the ranking will suggest the preferred alternative. The recommended alternative will be summarized in the final technical memorandum. Attachment A Fee Summary Total Jacobs Jacobs Labor Miloage and Labor Hours $ Additional Task No. TasklSublask Total Total Expenses and Expenses 1.0 Project Management $8,959 $8,959 Task Hours 46 2.0 Develop Alternatives $34,912 $34,912 Task Hours 162 3.0 Alternatives and Recommendations $20,993 $20,993 Project Workshops Task Hours 98 TOTAL 306 $64,864 $0 $64,864 Exhibit B City of Ashland' LIVING > For all hours worked under a service contract between their employer and' the City of Ashland if the contract exceeds $26,429.65 or more. For all hours worked in month, if the employee spends 50% or more of the employee's time in that month per hour, effect�ive June 30, 2024. The Living Wage is adjusted annually every June 30 by the Consumer Price Index. working on a projector portion of the business of their employer, if the employer has ten or more employees, and has received financial assistance for, the project or business from the City of Ashland over $26,429.65. > If their employer is the City of Ashland, including the Parks and Recreation Department. )'i, In calculating the living wage, employers may add the value of health care,, retirement, 401K ' and IRS eligible cafeteria plans (including childcare) benefits to the employee's amount of wages. Note, Far temporary and part-time employees, the Living Wage does not apply to the first 1040 hours worked in any calendar year. For more details, please see Ashland Municipal Code Section 3.12.020. Call the Ashland City Manager's office at 541-488-6002 or write to the City Manager, City Hall, 20 East Main Street, Ashland, OR 975201, or visit the City's website at www.as1,)iand.or.us. Notice to Employers: This notice must be posted in areas where it can be seen by all employees. C I TY 0 F ASHLAND 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 this Agreement 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 professional standards in accordance with the degree of skill and diligence normally employed by professional engineer 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. (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. (2) Commercial advertising or business cards or a trade association membership are purchased' for the business. OIL (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) 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 001- relating to the Work or services to be provided. Consultant's signature 12/17/24 Date A� > CERTIFICATE OF LIABILITY INSURANCE °0A1/23/20 5") 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 LIC #0437153 1-212-948-1306 CONTACT NAME: Marsh Risk & Insurance Services CIRTS Support@jacobs.com — PHONE FAX A/C No Ext: A/C,No: 1-212-948-1306 E-MAIL 633 W. Fifth Street ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:ACE AMER INS CO 22667 Los Angeles, CA 90071 USA INSURED INSURER B: INDEMNITY INS CO OF NORTH AMER 43575 Jacobs Engineering Group Inc. INSURER C INSURERD: C/O Global Risk Management INSURERE: 555 South Flower Street, Suite 3200 INSURERF: Los Angeles, CA 90071 USA COVERAGES CERTIFICATE NUMBER: 751714772 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY HDO G4892007A 07/01/24 07/01/25 EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 500, 000 X MED EXP (Any one person) $ 5,000 CONTRACTUAL LIABILITY PERSONAL &ADV INJURY $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,000 POLICY ❑ PRO ❑ LOC JECT X PRODUCTS-COMP/OPAGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY ISA H10739585 07/01/24 07/01/25 COMBINED SINGLE LIMIT Ea accident $ 2,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLALIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LAB CLAIMS -MADE DED RETENTION $ $ B A A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN OFFICE PREMBR/PARTNER/EXECUTIVE OFFICE ory in NH) EXCLUDED? (Mandatory in NH) N/A WLR C5072041A (AOS) SCF C57256710 (WI) WCU C57256564 (OH) * 07/01/24 07/01/24 07/01/24 07/01/25 07/01/25 07/01/25 X STATUTE EERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 A If ESCRIPTIONOFO DESCRIPTION OF OPERATIONS below WLR C57256667 (AZ) 07/01/24 07/01/25 E.L. DISEASE - POLICY LIMIT $ 1,000,000 A PROFESSIONAL LIABILITY EON G21655065 015 07/01/24 07/01/25 PER CLAIM/PER AGG 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) PROJECT MGR: Jessica Penetar. CONTRACT MGR: Elsa Cervantes. RE: Phase 1 WWTP Headworks Upgrade - (Validate need, alternatives and recommend preferred solution). CONTRACT END DATE: 04-30-2025.SECTOR: Public. City of Ashland, Oregon, and its elected officials, officers and employees are added as an additional insured for general liability & auto liability as respects the negligence of the insured in the performance of insured's services to cert holder under contract for captioned work. Coverage is primary and certificate holder's insurance is excess and non- contributory. *THE TERMS, CONDITIONS, AND LIMITS PROVIDED UNDER THIS CERTIFICATE OF INSURANCE WILL NOT EXCEED OR BROADEN IN ANY WAY THE TERMS, CONDITIONS, AND LIMITS AGREED TO UNDER THE APPLICABLE CONTRACT.* CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main Street AUTHORIZED REPRESENTATIVE Ashland, OR 97520 USA cv ACORD 25 (2016103) spatel_newgalexy 751714772 © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE 01/23/2025 NAME OF INSURED: Jacobs Engineering Group Inc. Additional Description of Operations/Remarks from Page 1: Additional Information: *$2,000,000 SIR FOR STATE OF: OHIO SUPP (05/04)