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Home My WebLink About2020-064 PO 20200444- Infinity Electrical Contractors Inc • a S FitAl Purchase Order ,M Fiscal Year 2020 Page: 1 of: 1 �l,17 m:E r 1015 9 toI T4 111 41-iYi4��U , _ B City of Ashland ATTN:Accounts Payable • 20 E.Main Purchase 20200444 Ashland,OR 97520 Order�� T Phone:541/552-2010 O Email: payable@ashland.or.us . • E H C /O Public Works Department •.• INFINITY ELECTRICAL CONTRACTORS,INC 1 51 WInburn Way N 4778 AIRWAY DR p Ashland,OR 97520 O CENTRAL POINT,OR 97602 Phone:541/488-6347 R O Fax:541/488-6006 — — z _=: _--. : . i -- _-- -.�'��—t.l-I.1- ��1 eelc`I.1�=1 �_�-r �.... C_�i�m 1--C-, �� s� t!!F®e_�— - -." ..—�Bi �i4gi�t=10:1:(:.!::�-v._s.-��. Scott Fleury __ --ir s-5R'I ._I_ T.ej `am ii . ? 1~~•,,_,,(, _- .--=_---_--..=. 7•-e •.: q--1 EI 5 W._�-� —_�5 e s 1_Ir:/-3f''=t � - - 06/09/2020 5431 • City Accounts Payable fS�tsati"---r-= --_`_` �rt-5t=lM._�M= -- r;=_ _-- t-'C=119 112175-pm�--ti_I'tivap. 2 c c EOC Power Supply The Grove - 1 Provision of emergency power supply system at The Grove • 1 1,125,600.0000 $125,600.00 Standard Public Improvement Contract • For Project No.2019-16:The Grove EOC Emergency Power ; Supply System . Project Account: E-201916-999 *AA****IlA*AA***GL SUMMARY****a**w*e***e* 082400-704200 $125,600.00 + • • By: Date: 171 6/9 ° _ —_— Authori d Signature [1T Ire ,125 600.00 . Wel Plfi- • • FORM#3 t� CITY OF ,y ,SHL.A ND A request for a Purchase 0 40' D 1461,90• REQUISITION Date of request: 05126/2020 Required dale for delivery; Vendor Name Iniinity Electrical Contractors,Inc. . Address,City,State,Zip PO Box 2575 White City,OR 97503 •• Contact Name&Telephone Number Marty Daniels 641-824-2430 Email.address martyd@lecontractors.com SOURCING METHOD • + j 0 Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: 0 Invitation to Bid 0 Form#13,Written findings and Authorization ❑ AMC 2.50 .Date approved by Council:05/19/2020 0 Written quote or proposal attached ❑ Written quote or proposal attached 01 (Attach copy of council communication) (If council approval required,attach copy of CC) ❑ Small Procurement ❑ Request for Proposal Cooperative Procurement; clot exceeding$5,000 Dale approved by Council: ❑ State of Oregon ' ❑ Direct Award (Attach copy of council communication) Contract!! ❑ VerbaUWritten bid(s)or proposal(s) ❑ Request for Quallficatlons(Public Works) ❑ Stale of Washington . Dale approved by Council Contract!! • •• _(Attach copy of council communication) ' 0 Other government agency contract . intermediate Procurement • ❑ Sole Source - Agency GOODS&SERVICES - ❑ Applicable Form(115,6,7 or 6) ' Contrract!! Greater than$5,000 and less than$100,000 ❑ Written quote or proposal attached intergovernmental Agreement ❑ (3)Written bids&solicitation attached 0 Form 114,Personal Services$51(to$751( Agency PERSONAL SERVICES ❑ Special Procurement ❑ Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 0 Form 119,Request for Approval Agreement approved by Legal and approved/signed by ❑ Less than$35,000,by direct appointment a Written quote or proposal attached CltyAdministrator.AMC 2.50.070(4) ❑ (3)Written proposals&solicitation attached Date approved by Council:_ 0 Annual cost to City exceeds$25,000,Council • ❑ Form/14,Personal Services$51(to$751( Valid until: (Date) approval required.(Attach copy of council communication) Description of SERVICES Total Cost • Provision of emergency power supply system at The Grove $ 125,600,00 Item# Quantity Unit Description of MATERIALS Unit Price Total Cost • • • i ❑i Per attached quote/proposal • TOTAL-COST Project Number 20 1 0 1 e. Account Minter 082 4 0 0.7 0 4 2 0 0 $ IZS'i boa • 1 Account Number • Account Number • 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. I IT Director in collaboration with department to approve all hardware and software purchases: IT Director Dale Support-Yes/No By signing this requisition form,I codify that the City's public contracting requirements have been satisfied. Employee: XD UaJnWG' P(0 "wl�4..4410. �-{ toDepartment Hea -� e toorgrea or the nS5,000)i Department Manager/Supervisor: City Administrator: . ' • (Equal to or greater than 425,0001 • Funds appropriated for current fiscal year: 07ES NO 1 10khd* JA. i ,74 Finance tractor-(Equal toorgroalerrhonS5,000) Dale • Comments: • Formil3-Requisition , i • i . i • i Council Business Meeting May 19, 2020 Award of Public Improvement Contract to infinity Electrical Contractors for the Agenda Item; _ Grove EOC Emergency Power Supply System Scott Fleury, PE Interim Public Works Director •Fr°m _ Kaylea Kathol, PMP Project Manager scott.fleurvAashland.or.us; (541) 552-2412 Contact,: • kaylea.kathol ashland.or.us; (541) 552-2419 SUMMARY Before the Council is a public improvement contract for the Grove Emergency Operations Center(EOC) Emergency Power Supply System,Project No.2019-16. The contract will result in the provision of a standby generator, fuel supply, and automatic transfer switch at the Grove, enabling the building to function as an EOC. Upon completion,the Grove will permanently replace various EOCs the City has previously established that are inadequate due to capacity and/or structural concerns. On May 5, 2020 at 2:00 p.m. bids submitted for Project 2019-16 were opened and read in a virtual meeting. Bids were received from three contractors with Infinity Electrical Contractors, Inc.providing the lowest bid at$125,600. If the contract is approved staff will work with the contractor to develop schedule to perform onsite activities this summer and fall. POLICIES,PLANS & GOALS SUPPORTED City Council Goals: • Maintain Essential Services—Electric Service • Continue to leverage resources to develop and/or enhance Value_Services -Emergency Preparedness Depa tment Goals: • Maintain existing infrastructure to meet regulatory requirements and minimize life-cycle costs • Deliver timely life cycle capital improvement projects • Maintain and improve infrastructure that enhances the economic vitality-of the community • Evaluate all city infrastructure regarding planning management and financial resources PREVIOUS COUNCIL ACTION • There are no previous Council actions related to the Grove EOC Emergency Power Supply System. BACKGROUND AND ADDITIONAL INFORMATION The City maintains an EOC that serves as a central command and control facility for the purposes of preparing for,responding to, and managing emergencies and disasters. The EOC was traditionally located within the Municipal Court building(Courts). In late 2018,the City determined that structural deficiencies in Courts disqualified it as an EOC. The City's Police Department facility was identified as an alternative location,but it proved to be undersized for EOC purposes. In early 2019,the City identified the Grove as a suitable location for an EOC. The Grove is a 6,500 square foot public facility located at 1195 E.Main Street in Ashland, Oregon. The building houses the Recreation Division of Ashland Parks and Recreation Commission, as well as many seasonal community recreation and education programs. The facility was built and owned by a private party in 2000 and briefly served as a youth center. The City assumed ownership of the Grove in the early 2000's. In 2015,the Grove was renovated and converted to its current use. The Grove's modern vintage and large size makes it an ideal location for an EOC. However,the Grove lacks a backup power supply necessary for an essential facility. Page 1 of 2 CITY OF AS H LAN D r The City intends to install an emergency power supply system to facilitate conversion of the Grove to an EOC on an as-needed basis. Prior and Ongoing Engineering Services: A Request for Proposals (RFP) for design of an emergency power supply system was publicly released on June 7, 2019. -The RFP was advertised on the City's website and the full solicitation was posted on the Oregon Procurement Information Network(ORPIN). Three proposals were received,with RH2 Engineering providing the highest scoring proposal based on qualifications and cost. A Personal Services Contract was awarded to RH2 for design of the Emergency Power Supply System. Upon completing design,the City directly award a contract to RH2 for the provision of bidding and construction support services, as permitted by AMC 2.50.120A(3) [Continuation of Work Exemption] and ORS 279C.115 [Direct Contracts for Services of Consultants]. Planned Electrical Construction: An Invitation to Bid (ITB) for electrical construction services was publicly released on the City's website, ORPIN, and the Daily Journal of Commerce on April 1,2020. On May 5, 2020 at 2:00 PM bids were opened and read via a virtual meeting to which all potential bidders were invited. Three responsive bids were received,with Infinity Electrical Contractors providing the lowest responsive and responsible bid at$125,600. In submitting the bid, Infinity Electrical Contractors acknowledged that the project would begin in June 2020 and would be complete by November 1, 2020. FISCAL IMPACTS The Grove EOC Emergency Power Supply System Project is a capital improvement line item in the Facilities Fund. The established budget for the 2020-2021 biennium is $250,000,which includes engineering services and construction services. The City has spent$50,503 on design,has encumbered$22,102 for bid/construction support from RH2 Engineering, and has expended$730 in soft costs. The Project is currently on track to be completed on schedule and under budget. STAFF RECOMMENDATION Staff recommends Council award a public improvement contract to Infmity Electrical Contractors for Project No. 2019-16, The Grove EOC Emergency Power Supply System, in the amount of$125,600. ACTIONS, OPTIONS & POTENTIAL MOTIONS • I move to award a public improvement contract to Infmity Electrical Contractors, Inc. for Project No. 2019-16,the Grove EOC Emergency Power Supply System, in the amount of$125,600. • I move to request Public Works perform a new solicitation for the Grove EOC Emergency Power Supply System project. • I move to deny the contract with Infinity Electrical Contractors,Inc. for the Grove EOC Emergency Power Supply System project. ATTACHMENTS Attachment 1: Full bid package submitted by Infinity Electrical Contractors,Inc. Attachment 2: Tabulation of all bids received, responsiveness analysis, and Engineer's recommendation Page 2 of 2 CITY OF ASHLAND CITY OF ASHLAND CITY OF ASHLAND wAl STANDARD PUBLIC IMPROVEMENT CONTRACT FOR PROJECT NO.2019-16: THE GROVE EOC EMERGENCY POWER SUPPLY SYSTEM This Public Improvement Contract(hereinafter"Contract")is entered into by and between the CITY OF ASHLAND,a municipal corporation of the State of Oregon(hereinafter"City"),and INFINITY ELECTRICAL CONTRACTORS,INC. (hereinafter"Contractor"). WHEREAS,the City caused to be prepared that certain bound Project Manual or Bid Package(including but not limited to the Invitation to Bid,Bid Schedule,Bid forms,Bid,Performance and Payment Bonds,as applicable, Public Improvement Contract,Standard Terms and Conditions,General Provisions,Technical Specifications, Drawings,and Addenda No. 1 through No. 2 ,more particularly described in Standard Condition 5, (hereinafter referred to collectively as the"Contract Doctunents")for the City's Project No.2019-16:The Grove EOC Emergency Power Supply System(hereinafter the"Project"); and WHEREAS,Contractor did on the 5TH day of MAY,2020,file with City a Bid to furnish equipment, labor,material,and appurtenances for construction of said project as set forth in the Contract Documents and agreed to accept as payment therefore the sums fully stated and set forth in the Bid;and WHEREAS,the Contract Documents and Bid fully and accurately set forth and describe the terms and conditions upon which the Contractor proposes to furnish said equipment,labor,material and appurtenances and perform said work,together with the manner and time of furnishing same;and NOW THEREFORE,for good and valuable consideration the parties mutually covenant and agree as follows: . 1. EFFECTIVE DATE AND DURATION This Contract is effective on the date at which every party has signed this contract,whichever is later. The work under this contract shall,unless otherwise terminated or extended,be completed on or before NOVEMBER 1, 2020 or before 150 calendar days following Contractor's receipt of the Notice to Proceed,whichever is earlier. 2. PROJECT MANAGER The City's Project Manager for this Contract is Kaylea Kathol,City of Ashland Public Works Department. • 3. STATEMENT OF WORK The Grove EOC Emergency Power Supply System Project No.2019-16 Page 24 of 63 J 4 CITY OF ASHLAND A. The work under this Contract is more fully described in the Contract Documents,incorporated herein and made a part hereof by this reference. The statement of work,including the delivery schedule for the Work,is contained in the Contract Documents. Contractor acknowledges receipt of all Contract Documents in existence at the date the Contract is signed and further acknowledges Contractor has read and fully understands the Contract Documents,and understands that in signing this Agreement contractor waives all rights to plead misunderstandings regarding the same. B. Contractor shall,at its own risk and expense,perform the work described in the Contract Documents and furnish all permits,labor,tools,machinery,materials,transportation,equipment and services of all kinds required for,necessary for,or reasonable incidental to,perfonnance of the work,that is,the construction of this Project for the City of Ashland,Oregon,as shown in the Contract Documents. Contractor shall secure all Municipal, County,State,or Federal Permits or licenses including payment of permit fees,license fees and royalties necessary or incident to performance of the work on this contract. The risk of loss for such work shall not shift to the City until written acceptance of the work by the City. 4. CONSIDERATION A. City agrees to pay Contractor,at the times and in the manner provided in the Contract Documents,a sum of: $125,600(ONE HUNDRED TWENTY FIVE THOUSAND SIX HUNDRED DOLLARS) for accomplishing the work required by this contract,including allowable expenses.This fixed sum cannot be modified except by Change Order approved in writing by City.Any progress payments to Contractor shall be made only in accordance with the schedule and requirements in Section 21, Standard Terms and Conditions. B. City certifies that sufficient funds have been appropriated to make payments required by this contract during the current fiscal year.Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations,or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion,to continue to make payments under this contract. In the event City has insufficient appropriations,limitations or other expenditure authority,City may terminate this contract without penalty or liability to City,effective upon the delivery of written notice to Contractor,with no further liability to Contractor. 5. CONTRACT DOCUMENTS A. The Contract Documents consist of the following: 1. This Contract(pages 24 to 27,inclusive). 2. Performance bond(pages 57 to 58,inclusive). 3. Payment bond(pages 59 to 60,inclusive). 4. Other bonds. a. NA(pages NA to NA,inclusive). • 5. Exhibit A,Standard Terms and Conditions for Public Improvement Contracts(pages 32 to 51, inclusive). 6. Special Provisions(pages 62 to 62,inclusive). 7. Specifications and Plans as listed in the table of contents of the Project Manual as: a. Section 4: Technical Specifications titled"Bid Proposal,Contract Documents,and Specifications for The Grove EOC Emergency Power Supply System" b. Section 5: Plans and Details titled"The Grove Emergency Power Supply System" 8. Addenda(numbers 1 to 2,inclusive). • 9. Contractor's Bid(pages 5 to 21,inclusive),including completed IFA forms. 10.The following which may be delivered or issued on or after the Effective Date of this Contract and are not attached hereto: a. Notice to Proceed. The Grove EOC Emergency Power Supply System Project No.2019-16 Page 25 of 63 • CITY OF ASHLAND b. Work Change Directives. c. Change Orders. d. Field Orders. B. The documents listed in Section 5.A are attached to this Agreement(except as expressly noted otherwise above)and expressly incorporated herein by this reference. 6. CONTRACTOR DATA,CERTIFICATION,AND SIGNATURE Business Name(please print): Infinity Electrical Contractors, Inc. Contact Name:Marty Daniels Phone: 541-824-2430 Fax: 541-826-2460 Address:P.O. Box 2575, White City OR 97503 Do Not Write Federal and State Tax ID Numbers on this Agreement: One copy of W-9 is to be submitted with the signed contract to be kept on file in the City of Ashland Finance Department. Ashland Business License#022932 Construction Contractors Board#24638 Citizenship: Nonresident alien: Yes XX No Business Designation(check one): Individual Sole Proprietorship Partnership XX Corporation Government/Nonprofit The above information must be provided prior to contract approval. Payment information will be reported to the Internal Revenue Service(IRS)under the name and taxpayer I.D.number provided above.(See IRS 1099 for additional instructions regarding taxpayer ID numbers.) Information not matching IRS records could subject you to 31 percent backup withholding. I,the undersigned,understand that the Standard Terms and Conditions tor Public Improvement Contracts (Exhibit A)together with the additional Contract Documents referenced in Section 5,Above,are an integral part of this Contract and agree to perform the Work described in the Contract Documents in accordance with the terms and conditions of this Contract. I further understand the City is prohibited from entering into a Contract when the contractor has neglected or refused to file any return,pay any tax,or properly contest a tax,pursuant to ORS 305.385; I hereby certify,under penalty of perjury and false swearing,that I/my business am/is not in violation of any Oregon tax laws;I further certify that the certification and representations in Standard Term and Condition# 16[CCB Registration Requirements] are true and correct,and further I certify that I am an independent contractor as defined in ORS 670.600. J The Grove EOC Emergency Power Supply System Project No.2019-16 Page 26 of 63 • • • CITY OF ASHLAND CONTRACTOR: 5/8/20 Signature Date Martin L. Daneils, Jr. President Printed Name Title +� • NOTICE TO CONTRACTOR: This contract does not bind the City of Ashland unless and until it has been executed by the Public Contracting Officer or designee as well as City Finance and Legal Department representatives. • CITY OF ASHLAND SIGNATURE Approved: • Date • ,City Administrator Printed Name Reviewed: • Date , City Attorney(approved as to legal form) Printed Name • i • • The Grove EOC Emergency Power Supply System Project No.2019-16 Page 27 of 63 • CITY OF • ASHLAND CONTRACTOR: . 5/8/20 Signature Date Martin L. Daneils, Jr. President • , Printed Name Title • • • NOTICE TO CONTRACTOR: This contract does not bind the City ofAshland Curless rind un!il it has been . executed by the Public Contracting Officer or designee as well as City Finance and Legal Department representatives. •• CITY OF ASHLAND SIGN• URE . Approved: -sl ?eta o as Date crGh Aawkr ,City Administrator " Printed Name Reviewed: - j (1 A Date sir ' 61- AP/;14-- I. ,'Vbt4'L, , City Attomey(approved as to legal form) Pr nted Name j , , • . i • I. • I The Grove EOC Emergency Power Supply System Project_No.2019-16 Page 27 of 63 J 4 CITY OF ASHLAND ATTACHMENT A: • NONDISCRIMINATION AND EQUAL OPPORTUNITY POLICY FOR CONTRACTORS 1. GENERAL POLICY OF NON-DISCRIMINATION It is the policy of the City of Ashland to promote equal opportunity to all persons regardless of race,religion, color,national origin,sex,age,marital status,handicap,or political affiliation,in respect to employment,public services,facilities and accommodations. This policy is reinforced by obligations assumed by the City as a condition of receipt of federal and state funds. This policy thus becomes an obligation which must be assumed by the Contractor as well. Because in some cases religion,sex,age,or disability may properly be the basis for denial • or restriction of privileges with respect to employment,public services,facilities or accommodations,the following more specific obligations,terms,or conditions shall apply. 2. DISCRIMINATION BECAUSE OF RELIGIOUS BELIEF • With respect to tenns and conditions of employment and hiring only,the Contractor shall be deemed to have complied with the general obligation of according equal opportunity without regard to religion if every reasonable effort has been made to accommodate the particular religious beliefs or practices of an employee or applicant for • employment,but such accommodation cannot be made without undue hardship to the employer. 3. DISCRIMINATION BECAUSE OF SEX With respect to terms and conditions of employment and hiring only,the Contractor shall be deemed to have complied with the general obligation of according equal opportunity notwithstanding any rule,standard,practice, or decision which accords an employee or applicant different treatment because of sex,if such rule,standard, practice,or decision is based upon a bona fide occupational qualification which the employer cannot,without undue hardship,modify or waive to accommodate the employee or applicant. - With respect to public services,facilities,and accommodations the Contractor shall be deemed to have complied with the general obligation of according equal opportunity notwithstanding any rule,standard,practice,or decision which restricts or limits access to such on a basis of sex where: A. Physical facilities such as restrooms,bathing facilities,dressing rooms,etc.must be segregated on the basis of sex to accord personal privacy or comply with local,state,or federal law,or ordinance,or administrative regulation;or B. The content or subject matter of a program or service is clearly of benefit to persons of a particular sex only because it deals with medical,psychological,or sociological factors inherently linked to the characteristics of one sex only,or its effectiveness in providing benefit to persons of one sex would be unreasonably and adversely affected by the participation of persons of the opposite sex. 4. DISCRIMINATION BECAUSE OF DISABILITY With respect to terms and conditions of employment and hiring only,the Contractor shall be deemed to have complied with the general obligation of according equal opportunity to persons who are physically or mentally disabled if every reasonable effort has been made to accommodate any physical or mental disabilities of an employee or applicant,but such accommodations cannot be made without undue hardship to the employer;or where,because of such disability,the employee or applicant cannot meet a bona fide occupational qualification that cannot be waived or modified without undue hardship to the employer. With respect to public services,facilities and accommodations only,the Contractor shall be deemed to have complied with the general obligation of according equal opportunity to persons who are physically or mentally disabled where: The Grove EOC Emergency Power Supply System Project No.2019-16 Page 28 of 63 CITY OF ASHLAND A. Architectural barriers limiting access to facilities owned or occupied by the Contractor cannot be eliminated without structural alterations,and are permitted to remain under the provisions of the Oregon State Structural Specialty Code;or B. A program or activity,viewed in its entirety,is readily accessible to and usable by persons who are physically or mentally disabled. C. The purpose of the program,service,or facility is to provide a special benefit to persons characterized by a particular handicap in some respect specially related to the educational,medical,psychological, mobility,social or economic needs of persons so disabled. • 5. DISCRIMINATION BECAUSE OF AGE With respect to terms and conditions of employment and hiring only,the Contractor shall be deemed to have complied with the general obligation of according equal opportunity regardless of age where: A. Certain positions include duties which must,by law or ordinance,be performed by persons over a certain age,and the employer cannot accommodate the employment of a person under that minimum age without undue hardship; B. The employee or applicant has passed any applicable age established by the Congress of the United States beyond which an employer may reject an employment application or mandate an employee's retirement. With resp'ect to public services,facilities,and accommodations only,the Contractor shall be deemed to have complied with the general obligation of according equal opportunity without regard to age where: A. The purpose of the service,facility,or accommodation is to benefit or serve persons under 18 years of age or their adult custodians in some respect specially related to the needs of such persons;or B. The purpose of the service,facility,or accommodation is to benefit or serve persons 65 years of age or older in some respect specially related to the educational,medical,psychological,mobility,social, or economic needs common to persons of that age group. 6. DEFINITIONS As used in this yolicy,there are several terms specifically defined in various federal,state,and local laws, ordinances,and administrative regulations applicable either because of the City's receipt of federal or state funds, or because they are general laws and ordinances prohibiting discrimination. In addition,judicial and administrative decisions have created an additional body of law further defining these tenns in their application. Because of the magnitude and complexity of these various legal definitions and interpretations,it is not possible to provide exhaustive definitions herein. The Contractor should be guided by the following general rules: A. Where two separate legal definitions or interpretations may apply in a given situation,the one according the greatest degree of protection to the person entitled to their protection shall govern. B. "Disability"and"handicap"are intended to be synonymous. C. The Contractor is not entitled to advisory opinions or advice from City representatives as regards the specific application of this policy. It is up to the Contractor,and their own legal counsel to ascertain compliance with this policy,federal,state and local law. The City expressly disclaims any responsibility for the Contractor's reliance on advice or opinions given by City representatives. The Grove EOC Emergency Power Supply System Project No.2019-16 Page 29 of 63 CITY OF ASHLAND D. The Contractor is cautioned that restrictions in deeds,leases,collective bargaining agreements,and other contracts may not in every case justify an otherwise discriminatory act,policy,or practice. The • Contractor must,at his own risk and expense,comply with this Policy regardless of contractual restrictions which do not justify Contractor's acts,policies,or practices. 7. ADVERTISING AND PROMOTIONAL MATERIAL A. In all advertising,postings,and promotional material relating to hiring,the Contractor shall include the following statement: • (name of contractor) is an equal opportunity employer and does not discriminate in hiring,promotion,layoff,discipline,transfer,compensation,or other terms of employment because of a person's race,religion,color,national origin,sex,age,marital status, handicap,or political affiliation." EXCEPTION: In"classified" advertising the Contractor need only include the-statement"An Equal Opportunity Employer". B. In all advertising,postings,and promotional material relating to programs and services funded in whole or in part under a contract with the City of Ashland,the Contractor shall include the following statement: "This (program,or service as applicable) is open to all persons without regard to race, • religion,color,national origin,sex,age,marital status,handicap or political affiliation. For further information about this equal opportunity policy,contact (name of contractor's representative) at (phone number) . • 8. RETALIATION The Contractor shall not,in any mariner,accord different or unequal treatment to or in any way discriminate against any person because of such person's filing of or participation in any grievance or complaint of discrimination contrary to its policy,whether such grievance or complaint is logged with the City of Ashland,or any state,or federal court or agency. 9. GRIEVANCE PROCEDURE., During the term of this Contract,and for at least six months thereafter,the Contractor shall conspicuously display the attached"Notice: Your Rights to Have Discrimination Complaints Heard"in locations accessible to the public at its principal office and all other premises within the City of Ashland where it conducts any operations. Likewise the Contractor shall fully cooperate with the designated representative of the City of Ashland and state and federal civil rights compliance agencies in investigating,mediating,and otherwise handling complaints or grievances concerning this Policy. 10. VIOLATIONS Violation by the Contractor of any provision of this Policy may,in addition to any remedy accorded an aggrieved person,be cause for termination of the Contract,debarment from participation in future City of Ashland contracts, or both. 11. CONTRACTS DIRECTLY FUNDED BY FEDERAL OR STATE AGENCIES If this Contract is funded in whole or in part by federal or state grants,there may be imposed on the Contractor the additional obligation of"affirmative action"to ensure equal opportunity,,and specific standards and reporting requirements to be met. "Affirmative action",in general,means taking positive and affinnative steps to involve historically disadvantaged classes of persons in the performance of the work or participation in the benefits of this • Contract.-These steps may include special recruitment efforts,specific goals as to percentages of such persons The Grove EOC Emergency Power Supply System Project No.2019-16 Page 30 of 63 • 1 CITY OF ASHLAND employed in certain jobs,specific goals as to percentages of such persons employed in certain jobs,specific standards for the amount of work to be subcontracted to minority-owned businesses,etc. If there are such additional requirements beyond this policy,the invitation to Bidders or Request for Proposals will state: "This project is funded in whole or in part through (name of agency) . Special equal opportunity requirements imposed by that agency are contained in the Bid documents,and Bidders are cautioned to examine them carefully in preparing their Bids." The Grove EOC Emergency Power Supply System Project No.2019-16 Page 31 of 63 CITY OF ASHLAND EXHIBIT A: • STANDARD TERMS AND CONDITIONS FOR CITY OF ASHLAND PUBLIC IMPROVEMENT CONTRACTS 1) Contractor is Independent Contractor a) Contractor shall perform the Work required by this contract as an independent contractor. Although the City reserves the right(i)to specify the desired results;(ii)to determine(and modify)the delivery • schedule for the work to be performed;and(iii)to evaluate the quality of the completed performance,the City cannot and will not control the means or manner of the Contractor's performance. The Contractor is responsible for determining the appropriate means and manner of performing the work. b) The Contractor represents and warrants that Contractor(i)is not currently aemployee of the federal government or the State of Oregon,and(ii)meets the specific independent contractor standards of ORS 670.600,as certified on the Independent Contractor Certification Statement attached as Exhibit D. • c) Contractor will be responsible for any federal or state taxes applicable to any compensation or payment paid to Contractor under this contract. d) Contractor is not eligible for any federal Social Security,unemployment insurance,state Public • Employees' Retirement System,or workers' compensation benefits from compensation or payments to Contractor under this contract. - 2) Subcontracts and Assignment Contractor shall not subcontract any of the Work required by this Contract,or assign,sell,dispose of,or transfer any of its interest in this contract,nor delegate duties under the contract,either in whole or in part,without the prior written consent of the City. Such consent if provided shall not relieve the Contractor of any of the obligations under the contract.Any assignee or transferee shall be considered the agent of the contractor and be bound to abide by all provisions of the contract. If the City consents in writing to an assignment,sale,disposal or transfer of the Contractor's rights or delegation of Contractor's duties,the Contractor and its Surety,if any,shall remain liable to the City for complete performance of the Contract as if no such assignment,sale,disposal, transfer or delegation had occurred unless the City otherwise agrees in writing. [OAR 137-049-0200(2)] Use of Subcontractors,material suppliers or equipment suppliers shall in no way release Contractor from any obligations of contract with City. Contractor will provide in all subcontract agreements that the Subcontractor, • material supplier and equipment supplier will be bound by the terms and conditions of this Contract to the extent that they relate to the Subcontractor's work,material or equipment. All Subcontracts are assignable to the City at City's option,in the event this agreement is terminated for default of Contractor. Contractor covenants and agrees to bind any and all subcontractors for performance of work under this Contract in the same manner Contractor is bound to City. Contractor further agrees that if subcontractors are employed in ' the performance of this contract,the Contractor and its subcontractors are subject to the requirements and sanction of ORS Chapter 656,Workers'Compensation. 3) No Third-Party Beneficiaries City and Contractor are the only parties to this contract and are the only parties entitled to enforce its terms. Nothing in this contract gives or provides any benefit or right,whether directly,indirectly,or otherwise,to third The Grove EOC Emergency Power Supply System Project No.2019-16 - Page 32 of 63 J CITY OF ASHLAND persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this contract. 4) Successors in Interest The provisions of this contract shall be binding upon and shall inure to the benefit of the parties hereto,and their respective successors and approved assigns,if any. 5) Contract Documents The Contract Documents,which comprise the entire Contract between the City and Contractor,include all sections or parts of the Bid package however denominated,including all documents and plans attached or referenced therein,the Notice to Contractors-Invitation to Bid, Offer,First-Tier Subcontractors Disclosure Form,Surety Bond,Public Improvement Contract,Contract Standard Terms and Conditions and Exhibits thereto, Performance Bond,Payment Bond,Special Provisions,Plans,Construction Drawings,Standard Drawings,and Contract Addendums,all attached hereto,and incorporated herein by this reference,together with the Prevailing Wage(BOLD if applicable AND any other separately hound reference,Oregon 2018 Standard Specifications for Construction,and City of Ashland Addenda,incorporated herein by this reference. All exhibits,schedules and lists attached to the Contract Documents,or delivered pursuant to the Contract Documents,shall be deemed a part of the Contract Documents and incorporated herein,where applicable,as if fully set forth herein. 6) Contractor's Representations By executing this Contract,the Contractor hereby certifies that the representations made by the Contractor in the Contract Documents,including specifically the Offer,are true and correct and are incorporated herein by this reference. Contractor further certifies that Contractor has given the City written notice of conflicts,errors, ambiguities,or discrepancies that it has discovered in the Contract Documents,and the written resolution thereof by the City is acceptable to the Contractor,and the Contract Documents are generally sufficient to indicate and convey understanding of terms and conditions for performing and furnishing the project work. 7) Drug Testing[ORS 279C.505(2)] a) Contractor shall certify to the City that it has a drug-testing program in place for all its employees that includes,at a minimum,the following: i) A written employee drug-testing policy, ii) Required drug testing for all new Subject Employees or alternatively,required testing of all Subject Employees every 12 months on a random selection basis,and iii) Required testing of a Subject Employee when the Contractor has reasonable cause to believe the Subject Employee is under the influence of drugs. b) A drug-testing program that meets the above requirements will be deemed a"Qualifying Employee Drug- testing Program."For the purposes of this section,an employee is a"Subject Employee"only if that employee will be working on the Public Improvement project job site. c) By executing and returning this contract the Contractor certifies,represents and warrants to the City that a Qualifying Employee Drug-testing Program is in place at the time of execution,will continue in full force and effect for the duration of this contract,and that Contractor will comply with the provisions of subsection(d)below. Further,the City's performance obligation(which includes,without limitation,the The Grove EOC Emergency Power Supply System Project No.2019-16 Page 33 of 63 1 • CITY OE ASHLAND City's obligation to make payment)is contingent on Contractors compliance with this representation and warranty. d) Contractor will require each subcontractor providing labor for the project to: i) Demonstrate to the Contractor that it has a Qualifying Employee Drug-testing Program for the subcontractor's Subject Employees,and represent and warrant to the Contractor that the Qualifying Employee Drug-testing Program is in place at the time of subcontract execution and will continue in full force and effect for the duration of the subcontract;or ii) Require that the subcontractor's Subject Employees participate in the Contractor's Qualifying Employee Drug-testing Program for the duration of the subcontract. 8) Notice to Proceed Written Notice to Proceed will be given by the City after the Contract has been executed by both parties and the Performance Bond,Payment Bond,and all required insurance documents approved. Notice to Proceed shall not be unreasonably delayed and shall generally occur within thirty(30)days of the contract date. Reasonable delay may be occasioned by the need to obtain necessary permits or easements or utility relocation. The Contractor shall commence the project work within ten(10)days of the date of the written Notice to Proceed., Contractor is not to commence work under the Contract prior to such written notice. 9) Suspension of the Work The City,and its authorized representatives,may suspend portions or all of the project work due to causes including,but not limited to: a) Failure of the Contractor to correct unsafe conditions; b) Failure of the Contractor to carry out any provision of the Contract; c) Failure of the Contractor to carry out orders; d) Conditions,in the opinion of the City,which are unsuitable for performing the project work; e) Allowance of time required to investigate differing site conditions; f) Any reason considered to be in the public interest. The contract time will not be extended,nor will the Contractor be entitled to any additional compensation if the work is suspended pursuant to subsections(a),(b)or(c). If the project work is suspended pursuant to subsection (f),the Contractor is entitled to a reasonable extension of the contract time and reasonable compensation for all verified costs resulting from the suspension plus a reasonable allowance for overhead with respect to such costs. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. The foregoing provision concerning compensation in the event of a suspension of Work of this contract shall not apply if such suspension occurs as a result of the Contractor's violation of any Federal,State,or Local statutes,ordinances,rules or regulations,or as a result of any violation by the Contractor of the teens of this contract,including a determination by the City that the Contractor has not progressed satisfactorily with the Work in accordance with specifications. 10) Early Termination The Grove EOC Emergency Power Supply System Project No.2019-16 Page 34 of 63 n 4 CITY OF ASHLAND a) The City and the Contractor,by mutual written agreement,may terminate this Contract at any time. b) The City,on 15 days written notice to the Contractor,may terminate this Contract for any reason deemed appropriate in its sole discretion. c) The City may terminate this contract,in whole or in part,at any time for any reason considered by the City,in the exercise of its sole discretion,to be in the public interest. The City will provide the Contractor,and the Contractor's surety,seven(7) days prior written notice of a termination for public convenience. d) Either the City or the Contractor may terminate this Contract in the event of a breach of the Contract by the other. Prior to such termination,however,the party seeking the termination shall give to the other party written notice of the breach and of the party's intent to terminate. If the,Party has not entirely cured the breach within 15 days of the notice,then the party giving the notice may terminate the Contract at any time thereafter by giving a written notice of termination. 11)Payment on Early Termination a) If this contract is tenninated under 10(a),(b),or(c),the City shall pay the Contractor for work performed in accordance with the Contract prior to the termination date. b) If this contract is terminated under 10(d),by the Contractor due to a breach by the City,then the City shall pay the Contractor as provided in subsection(a)of this section. c) If this contract is terminated under 10(d),by the City due to a breach by the Contractor,then the City shall pay the Contractor as provided in subsection(a)of this section,subject to set off of excess costs,as provided for in section 12,Remedies. 12) Remedies In the event of termination under 10(d),by the City due to a breach by the Contractor,then the City may complete the work either itself,by agreement with another contractor,or by a combination thereof. In the event the cost of completing the work exceeds the remaining unpaid balance of the total compensation provided under this contract,then the Contractor shall pay to the City the amount of the reasonable excess. After notice of termination under paragraph 10(c),the Contractor and the Contractor's surety shall provide the City with immediate and peaceful possession of the Project site and premises,and materials located on and off the Project site and premises for which the Contractor received progress payment. In no circumstances shall Contractor be entitled to lost profits due to termination. The remedies provided to the City under section 10 through 12 for a breach by the Contractor shall not be exclusive. The City also shall be entitled to any other equitable and legal remedies that are available. In the event of breach of this Contract by the City,then the Contractor's remedy shall be limited to termination of the Contract and receipt of payment as provided in section 11(b). • 13)Access to Records Contractor shall maintain,and the City and its authorized representatives shall have access to,all books, documents,papers and records of Contractor which relate to this Contract for the purpose of making audit, The Grove EOC Emergency Power Supply System Project No.2019-16 Page 35 of 63 CITY OF ASHLAND examination,excerpts,and transcripts for a period of three years after final payment. Copies of applicable records shall be made available upon request. Payment for cost of copies is reimbursable by the City. 14) Ownership of Work • All work products of the Contractor that result from this contract,including but not limited to background data, documentation and staff work that is preliminary to final reports,are the property of City. Draft documents and • preliminary work submitted to the City for review and comment shall not be considered as owned,used or retained by the City until the final document is submitted. L - The City shall own all proprietary rights,including but not limited to copyrights,trade secrets,patents and all other intellectual or other property rights in and to such work products. Pre-existing trade secrets of the • Contractor shall be noted as such and shall not be considered as a work product of this contract. All such work products shall be considered"works made for hire"under the provisions of the United States Copyright Act and all other equivalent laws. Use of any work product of the Contractor by the City for any purpose other than the use intended by this contract is at the risk of the City. Use of any work product by Contractor is prohibited without the written consent of the City. All documents or other materials submitted to City by Contractor shall become the sole and exclusive property of City. Such materials are subject to Oregon Public Records Law,ORS 192.311 to 192.478. 15) Compliance with Applicable Law Contractor certifies and shall comply and require all Subcontractors to comply with all federal,state,and local laws and ordinances,including specifically City of Ashland and State of Oregon Public contracting laws and rules applicable to the work under this contract,including without limitation ORS Chapter 279A-C, 279C.500 through 279C.670,and specifically ORS 279A.120(3),279C.515,279C.520,279C.530,279C.830 and 279C.580 as set forth on Exhibit B,attached hereto and made a part hereof by this reference In addition, the provisions of ORS 279C.360,279C365(4),and 279C.370(Bid Documents and Disclosure);ORS 279A.010(p),279A.120, 279C.375,and 279C.380(4),(Award of Contract and Bond);ORS 279A.110(Prohibition on Discrimination in Subcontracting);ORS 279C.585(Substitution first-tier Subcontractor);ORS 279C.650 to 279C.670 (Termination);ORS 279C.520,279C.540,279C.545 (Hours);ORS 279C.800 to 279C.870(Oregon Prevailing Wage Law),if applicable; ORS 279C.550 to 279C.565(Retainage);ORS 279C.4570(Payments);and ORS 279C.600 to 279C.625 (Bonds) ORS 279A.125 (Recyclable Products)are all incorporated into this contract by this reference as though set forth in full. Without limiting the foregoing,Contractor expressly agrees to comply with: (i)any requirements of the DAVIS BACON ACT(40 U.S.C.3142 and applicable Davis-Bacon Related Acts; (ii)Title VI of the Civil Rights Act of 1964;(iii)Section V of the Rehabilitation Act of 1973;(iv)the Americans with Disabilities Act of 1990,(v)ORS 659A.142,(vi)all regulations and administrative rules •• established pursuant to those laws; and(vii) all other applicable requirements of federal and state civil rights and rehabilitation statues,rules and regulations. In addition,Contractor expressly agrees to comply with all federal and state tax laws. A condition or clause required by law to be in this contract shall be considered included and • incorporated into the Contract and made a part hereof by these references. 16) Registration with Construction Contractor's Board The Contractor,hereby certifies that the Contractor is licensed with the Construction Contractors Board or licensed by the State Landscape Contractor's Board in accordance with ORS 701.035 to 701.055 and,further,that all subcontractors performing work as described in ORS 701.005(2) (i.e.,construction work)will be licensed with the Construction Contractors Board or licensed by the State Landscape Contractor's Board in accordance with ORS 701.035 to 701.055 before the subcontractors commence work under the contract. The Grove EOC Emergency Power Supply System Project No.2019-16 Page 36 of 63 • I CITY OF ASH LAN D 17) Prevailing Wages/BOLI Fee a) Contractor shall certify in the Contract and it shall be a condition of the bond,as provided in ORS 279C.800 through 279C.870,that in performing this Contract,Contractor will pay and cause to be paid not less than the prevailing rate of wages as of the date of the Public Notice,per hour,per day,and per week for and to each and every worker who may be employed in and about the performance of the Contract. In accordance with ORS 279C.838,each worker in each trade or occupation employed in the performance of the Contract either by Contractor,subcontractor or other person doing or contracting to do or contracting for the whole or any part of the work on the Contract shall be paid not less than the applicable state or federal prevailing rate of wage,whichever is higher. Copies of the current BOLI prevailing wage schedule and federal wage rate schedule,if applicable,can be found at the following website:httus://www.oregon.gov/boli/WHD/PWR/Pages/index.aspx. When both federal and state prevailing wages are required to be included in the contract specifications,the City shall also include in the specifications information showing which prevailing rate of wage is higher for workers in each trade or occupation in each locality,as determined by the Commissioner of the Bureau of Labor and Industries under ORS 279C.815(2)(c). b) Contractor shall be bound by and shall fully comply with ORS 279C.800 to 279C.870,Oregon's Prevailing Wage Law. CONTRACTOR AGREES TO BE BOUND BY AND WILL COMPLY WITH PROVISIONS OF ORS 279C.840.Pursuant to ORS 279C.830(1),the existing prevailing rate of wage that may be paid to workers in each trade or occupation required,in the form of a BOLI document,is included in the contract and Bid documents and made a part hereof by this reference. For public works for which the contract price is$50,000 or more;all workers shall be paid not less than such specified minimum hourly rate.of wage. [ORS 279C.830(1)] c) The City of Ashland shall pay the fee to the Commissioner of the Bureau of Labor and Industries pursuant to the administrative rule of the commissioner and as provided in ORS 279C.825(1). The fee shall be paid on or before the first progress payment or 60 days from the date work first begins on the Contract,or as otherwise provided by administrative rule,whichever is the earliest date. The fee is payable to the Bureau of Labor and Industries Wage and Hour Division Prevailing Wage Unit 800 N.E. Oregon Street#32 Portland Oregon 97232. d) Contractor and some subcontractors shall also file with the Construction Contractors Board a public works bond with a corporate surety authorized to do business in this state in the amount of$30,000 as required by ORS 279C.836 and shall cause all subcontractors to do the same prior to starting work on the project. [ORS 279C.830(2)]The bond must provide that the contractor or subcontractor will pay claims ordered by the Bureau of Labor and Industries to workers performing labor upon public works projects. The bond must be a continuing obligation,and the surety's liability for the aggregate of claims that may be payable from the bond may not exceed the penal sum of the bond.The bond must remain in effect continuously until depleted by claims paid under this section,unless the surety sooner cancels the bond. Contractor shall verify that subcontractors have complied with this requirement prior to permitting the subcontractor to start work on the project. e) If the Contract is for a public work and the Contract price is$50,000 or more,Contractor shall supply and file,and require every Subcontractor to supply and file,with the City and with the Wage and Hour • Division,Bureau of Labor and Industries(BOLI),800 NE Oregon#32,Portland,Oregon 97232 a certified statement in writing that conforms to the requirements of ORS 279C.845. 18) Hours of Labor/Overtime limitation[ORS 279C.520] [ORS 279C.540] [ORS 279C.545] The Grove EOC Emergency Power Supply System Project No.2019-16 Page 37 of 63 • CITY OF ASHLAND Pursuant to ORS 279C.520,no person may be employed for more than 10 hours in any one day,or 40 hours in any one week, except in cases of necessity,emergency or when the public policy absolutely requires it,and in such cases,except in cases of contracts for personal services,the employee shall be paid at least time and a half pay: a) (1)For all overtime in excess of eight hours in any one day or 40 hours in any one week when the work week is five consecutive days,Monday through Friday;or(2)For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four consecutive days,Monday through Friday;and b) For all work performed on Saturday and on any legal holiday specified in ORS 279C.540. c) Collective bargaining and negotiated labor agreements may provide exceptions to the requirements of this section and from ORS 279C.520 and ORS 279C.540. d) When labor is employed by the City through another as a contractor,any worker employed by the contractor shall be foreclosed from the right to collect for any overtime provided in ORS 279C.540 unless a claim for payment is filed with the contractor within 90 days from the completion of the contract, providing the contractor has: i) Caused a circular clearly printed in boldfaced 12 point type font and containing a copy of this section to be posted in a prominent place alongside the door of the timekeeper's office or in a similar place that is readily available and freely visible to workers employed on the work. ii) Maintained the circular continuously posted from the inception to the completion of the contract on which workers are or have been employed. At or before the commencement of work,the Contractor shall give notice in writing to employees or by posting, of the number of hours and clays per week the employees may be required to work. [279C.520(2)(5)] 19)Medical Care and Workers Compensation[ORS 279C.5301 a) Pursuant to ORS 279C.530(1),Contractor shall promptly,as due,make payment to any person,co- partnership,association or corporation furnishing medical,surgical and hospital care services or other needed care and attention,incident to sickness or injury,to the employees of the contractor,of all sums that the contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of employees under any law,contract or agreement for the purpose of providing or paying for the services. b) Pursuant to ORS 279C.530(2),All employers,including Contractor,that employ subject workers who work under this contract in the State of Oregon shall comply with ORS 656.017 and provide the required Workers Compensation coverage unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of its subcontractors complies with these requirements. 20)Retainage The withholding of retainage by a contractor or subcontractor on public improvement contracts shall be in accordance with ORS 701.420 and 701430. [279C.555]"Retainage"means the,difference between the amount earned by a contractor on a public improvement contract and the amount paid on the contract by the City. [279C.550] Moneys retained by a contracting agency under ORS 279C.570(7)shall either be: (a)retained in a The Grove EOC Emergency Power Supply System Project No.2019-16 Page 38 of 63 CITY OF ASHLAND fund by the City and paid to the contractor in accordance with ORS 279C.570;or(b)At the election of the contractor,paid to the contractor in accordance with the two options below: 1. The contractor may deposit bonds,securities,or other instruments with the City or in any bank or trust company to be held in lieu of the cash retainage for the benefit of the contracting agency. In such event the City shall reduce the retainage in an amount equal to the value of the bonds,securities or instruments. and pay the amount of the reduction to the contractor in accordance with ORS 279C.570.Interest on the bonds or securities shall accrue to the contractor. {or} 2. If the contractor elects,the City shall deposit the retainage,as accumulated,in an interest-bearing account in a bank,savings bank,trust company or savings association for the benefit of the City. Earnings on the account shall accrue to the contractor. If the contracting agency incurs additional costs as a result of the exercise of the options in ORS 279C.560(1)or (5),the City may recover such costs from the contractor by reduction of the final payment.As work on the contract progresses,the contracting agency shall,upon demand,inform the contractor of all accrued costs. Bonds and securities deposited or acquired in lieu of retainage,as permitted above,shall be of a character approved by the City Attorney and City Finance Director,including but not limited to: • Bills,certificates,notes or bonds of the United States. • Other obligations of the United States or its agencies. • Obligations of any corporation wholly owned by the federal government. • Indebtedness of the Federal National Mortgage Association. • General obligation Bond of the State of Oregon ora political subdivision thereof. Unless the City finds that accepting a bond or instrument poses an extraordinary risk that is not typically associated with such bond or instrument,the contractor may deposit a surety bond for all or any portion of the amount of funds retained,or to be retained,by the City in a form acceptable to the City.The bond and any proceeds there from shall be made subject to all claims and liens and in the same manner and priority as set forth for retainage under ORS 279C.550 to 279C.570 and 279C.600 to 279C.625.The City shall reduce the retainage in an amount equal to the value of the bond and pay the amount of the reduction to the contractor in accordance with ORS 279C.570.Whenever a City accepts a surety bond from a contractor in lieu of retainage,the contractor shall accept like bonds from any subcontractor or supplier from which the contractor has retainage.The contractor shall then reduce the retainage in an amount equal to the value of the bond and pay the amount of the reduction to the subcontractor or supplier. [279C.560] 21)Progress Payments a) Payment for all work under the Contract will be made promptly by the City at the price or prices bid,and those prices shall include full compensation for all approved incidental work. b) Contractor shall make progress estimates of work perfonned in any calendar month and submit to the City for approval,before the fifth of the following month,or as mutually agreed between the Contractor and City. These estimates shall include value of labor perfonned and materials incorporated in the work since commencing work under the Contract. Such estimates need not be made by strict measurements and may be approximate only,and shall be based upon the whole amount of money that will become due according to tenns of the Contract when Project has been completed. The City may include in payments eighty five percent(85%)of the cost to Contractor of materials or equipment not yet incorporated in the Work but delivered and suitably stored at the site,or at some other location agreed upon in writing. Such a payment shall be conditioned upon submission by the Contractor of bills of sale or such other documentation The Grove EOC Emergency Power Supply System Project No.2019-16 Page 39 of 63 a• CITY OF ASHLAND satisfactory to the City Attorney to establish the City's title to such materials or equipment or otherwise protect the City's interest including applicable insurance and transportation to the site,and a statement from Contractor explaining why it is necessary to procure said equipment and/or materials. When such payments are made,the Contractor warrants and guarantees that the title to all materials and equipment covered by a progress payment,whether incorporated in the project or not,will pass to the City upon receipt of such payment by the Contractor,free and clear of all liens,claims,security interests or encumbrances. Notwithstanding the above,when the progress estimate indicates that the progress payment would be less than one thousand dollars($1,000),no progress payment will be made for that estimate period,unless approved by the City. c) If the Contract price is determined,in whole or in part,on a Lump Sum basis,Contractor shall prepare an itemized cost breakdown relating thereto and have the City approve same before commencing work; progress estimates based on said itemized cost breakdown may be the basis for progress payments. Upon direction by the City,Contractor shall provide for-revision of the costs breakdown to reflect the true costs of the work as it progresses. d) If the Contract price is determined wholly on a unit basis,City may use unit prices bid in making progress estimates on the work. In case said unit prices do not,in the opinion of the City,truly represent actual relative costs of different parts of work,a percentage of the Unit Price may be used in making progress estimate adjustments. e) If the City receives written notice of any unsettled claims for damage or other costs due to Contractor's operations including,without limitation,claims from any City Department or other governmental agency, an amount equal to the claim may be withheld from the progress payments,final payments or retainage until such claim has been resolved to the satisfaction of City. f) Progress payments will be made by City on a monthly basis within thirty(30)days from sign off by the Contractor of the progress payment or fifteen(15)days after the payment is approved by City of work performed,whichever is the earlier date. Failure to pay progress payments within the timeframe set forth above will result in the imposition of interest as required by ORS 279C.570(2)(3). Defective or improper invoices will be addressed as set forth in ORS 279C.570(4)(5)(6). g) Payment will be issued by City for the amount of the approved estimate,less five percent(5%)retainage. Except as provided in paragraph 19 above and the applicable ORS Sections noted herein,such amount of retainage shall be withheld and retained by City until it is included in and paid to Contractor as part of the final payment of the Contract amount. Upon Substantial Completion of the work under the Contract which shall be understood to be not less than ninety-seven and one-half percent(97.5%)of the work,the City may,at its discretion,reduce the retained amount equivalent to not less than one hundred percent (100%)of the contract value or estimated value or estimated cost,whichever is greater,of the work remaining to be done. [279C.570(7)] h) The City may decline to approve an application for payment and may withhold such approval if,in the City's opinion,and in good faith,the work has not progressed to the point indicated by the Contractor's submittal. The City may also decline to approve an application for payment or may reduce said payment or,because of subsequently discovered evidence or subsequent inspections,City may nullify the whole or any part of any payment previously made to such extent as may be necessary in their opinion to protect the City from loss because of: (1)defective work not remedied,(2)third party claims filed or failure of the Contractor to make payments properly to Subcontractors for labor,materials or equipment,unless Surety consents to,such payment,(3)reasonable doubt that the work can be completed for the unpaid balance of the Contract sum,(4)damage to another contractor's work,(5)reasonable indication that the work will not be completed within the Contract time, (6)unsatisfactory prosecution of the work by the The Grove EOC Emergency Power Supply System Project No.2019-16 Page 40 of 63 CITY OF ASHLAND Contractor,(7)claims against the Contractor by the City,(8)failure to submit a construction schedule or failure to keep said construction schedule updated,or(9)exceeding work limits. When any or all of the criteria set forth above have been remedied satisfactorily to the City,payment shall be made for amounts withheld because of them. Withholding of progress payments or partial payments under the criteria set forth above shall not entitle the Contractor to interest on such withheld payments or partial payments, except as provided in ORS 279C.570(9). i) If Contractor fails to complete the Project within the time limit fixed in the Contract or any extension,no further estimate maybe accepted or progress or other payments allowed until the Project is completed, unless approved otherwise by City. Progress estimates are for the sole purpose of determining progress payments and are not to be relied on for any other purpose. A progress payment is not considered acceptance or approval of any work or materials or waiver of any defects therein. [ORS 279.570(2)]. 22) Final Estimate and Final Payment a) SUBSTANTIAL COMPLETION. Contractor shall notify the City in writing when all or a portion of the work is considered substantially complete. If it appears to the City that the work is not substantially complete,the City shall not make an inspection: The City may make a general list of major work components remaining. If it appears that the work is substantially complete,the City shall,within fifteen (15)days after receiving notice,make an inspection and either accept the work or notify Contractor of work yet to be performed. If accepted,City shall prepare a Preliminary Certificate of Substantial Completion,Exhibit F. Upon acceptance of the Preliminary Certificate of Substantial Completion by both parties,the City shall be responsible for operation and maintenance of that part of the work described in the Preliminary Certificate of Substantial Completion,subject to the warranty requirements and protection of the work and all other applicable terms of the contract documents. The date of substantial completion of all the work shall stop the accrual of liquidated damages,if applicable. b) FINAL COMPLETION. Contractor shall notify the City in writing when work is 100%complete. If it appears to the City that the work is not 100%complete,the City shall not make a final inspection. The City may make a general list of major work components remaining. If it appears that the work is 100% complete,the City shall,within fifteen(15)days after receiving notice,make a final inspection and either accept the work or notify Contractor of work yet to be performed on the Contract. A Final Certificate of Substantial Completion shall not be prepared until all provisions of the Contract have been met.7 When the work is 100%complete,the City shall prepare a final pay estimate and Final Certificate of Substantial Completion(Exhibit F)accepting the work as of a certain date.The Contractor shall execute and return the final pay estimate and Final Certificate of Substantial Completion within five(5)working days of receipt.Unless otherwise provided as a Special Provision,when City accepts the Final Certificate of Substantial Completion,the date the Contractor signs the Final Certificate of Substantial Completion shall be the date the City accepts Ownership of the work and the start date of the warranty period.The contractor may substitute a Warranty Bond in replacement of the Performance and Payment Bonds in accordance with Section 29.The City shall include in the fmal pay estimate an addition to the contract amount for any contract deduction from the contract amount for any liquidated damages and a deduction from the contract price in a fair and equitable amount for any damages to the City or for any costs incurred or likely to be incurred by the City due to Contractor's failure to meet any contract provision or specification other than timely completion. If the Contractor believes the quantities and amounts specified in the final pay estimate prepared by the City to be incorrect,Contractor shall submit to the City within five(5)working days of receipt of the City's final pay estimate,an itemized statement of any and all claims for additional compensation under the Contract which are based on differences in measurements or errors of computation.Any such claim The Grove EOC Emergency Power Supply System Project No.2019-16 Page 41 of 63 L •' CITY OF ASHLAND not so submitted and supported by an itemized statement within said period is expressly waived and the City shall not be obligated to pay the same. The Contractor shall commence any suit or action to collect or enforce the claim or claims for any additional compensation arising from errors of computation in the final estimate within a period of one(1) year following the original mailing of the City's final estimate and Final Certificate of Substantial • Completion to the Contractor's last known address as shown in the records of City.The City's issuance of a revised final estimate pursuant to this subsection does not alter the original final estimate date.If said suit,action or proceeding isnot commenced in said one(1)year period,the final estimate and Final ' Certificate of Substantial Completion or revised fmal estimate and Final Certificate of Substantial Completion,if revisions are made,shall be conclusive with respect to the amount earned by the- Contractor,and the Contractor expressly waives any and all claims for compensation and any and all causes of suit or action for the enforcement thereof that Contractor might have had. Upon return of the fully executed Final Certificate of Substantial Completion from the Contractor,the City will submit the Final Certificate of Substantial Completion and final estimate to the City for) • approval.Upon approval and acceptance by the City,Contractor will be paid a total payment equal to the amount due under the Contract including retainage within thirty(30)days in accordance with ORS 279C.570. Failure to pay within 30 days shall implicate the interest on final payment/retainage requirements of ORS 279C.570(8). Monies earned by the Contractor are not due and payable until the procedures set forth in the contract _documents for inspection,approval and acceptance of the work;for determination of the work done and the amount due therefore;for the preparation of the final estimate and Final Certificate of Substantial Completion and processing the same for payment;for consideration of the Contractor's claim,or claims, if any;and for the preparing of a revised final estimate and Final Certificate of Substantial Completion and processing same for payment all have been carried out. As a prerequisite to final payment,if Contractor is not domiciled in or registered to do business in the State of Oregon,the Contractor will provide City with evidence that the requirement of ORS 279A.120(3) has been satisfied. If City declares a default of the Contract,and Surety completes said Contract,all payments made after declaration of default and all retainage held by City shall be paid to Surety and not to Contractor in accordance with the terms of the Contract. Acceptance by Contractor of final payment shall release City from any and all claims by Contractor whether known or unknown,arising out of and relating to the work.No payment,however,final or otherwise,shall operate to release Contractor or its Sureties from warranties or other obligations required in the performance of the Contract. Disputes as to compensation resolved in favor of the contractor implicate the interest provisions of ORS 279.570(9). 23) Change Orders/Extra Work The Contractor agrees to complete this Contract in accordance with the attached specifications and requirements, including any change orders. A change order submitted by the City must be agreed upon by the Contractor and the City,and in the event of failure to so agree,the City may then proceed with any additional work in any manner the City may choose. A decisionbythe City to proceed to have work done by another party shall in no way relieve either the Contractor or City of this Contract and neither will such action be cause for collection of • • The Grove EOC Emergency Power Supply System Project No.2019-16 Page 42 of 63 CITY OF ASHLAND damages by either party to the contract,one from the other. Only the City designated Contracting Officer or individual with delegated contracting authority can authorize extra(and/or changed)work and compensation. Such authorization must be in writing.The parties expressly recognize that,except when such order is in writing by an individual with delegated authority,City personnel are not authorized to order extra(and/or)changed work or to waive contract requirements or authorize additional compensation. Failure of the Contractor to secure City authorization for extra work shall constitute a waiver of any and all claims or rights to adjustment in the contract price or contract time due to such unauthorized extra work and thereafter Contractor shall be entitled to no compensation whatsoever for the performance of such work. Contractor further expressly waives any and all right or remedy by way of restitution and quantum meruit for any and all extra work performed by Contractor without express and prior authorization of the City. 24) Contractor/Subcontractor Payment Obligations a) The Contractor is required to include in each subcontract for property,or services entered into by the Contractor and a first-tier subcontractor,including a material supplier,for the purpose of performing this contract: i) A payment clause that obligates the Contractor to pay the first-tier subcontractor for satisfactory performance under its subcontract within 10 days out of such amounts as are paid to the Contractor by the City under such contract; [279C.580(3)(a)]and ii) An interest penalty clause that obligates the Contractor,if payment is not made within 30 days after receipt of payment from the City,to pay to the first-tier subcontractor an interest penalty on amounts due in the case of each payment not made in accordance with the payment clause included in the subcontract pursuant to paragraph(a)(i)above. A contractor or first-tier subcontractor shall not be obligated to pay an interest penalty if the only reason that the contractor or first-tier subcontractor did not make payment when payment was due is that the contractor or first-tier subcontractor did not receive payment from the City or contractor when payment was due. The interest penalty shall be: (1) For the period beginning on the day after the required payment date and ending on the date on which payment of the amount is due made;and (2) Computed at the rate specified in ORS 279C.515(2). [279C.580(3)(b)] b) The Contractor is further required to include in each of its subcontracts,for the purpose of performance of such contract condition,a provision requiring the first-tier subcontractor to include a payment clause and an interest penalty clause conforming to the standards of section a. above in each of its subcontracts and to require each of its subcontractors to include such clauses in their subcontracts with each lower-tier subcontractor or supplier.[279C.580(4)] c) The Contractor shall not request payment of any amount withheld or retained in accordance with ORS 279C.580(5)until such time as the Contractor has determined and certified to the City that the subcontractor is entitled to the payment of such amount. [279C.570(1)]. d) A dispute between the Contractor and a subcontractor relating to the amount or entitlement of a subcontractor to a payment or a late payment interest penalty under a clause included in the subcontract pursuant to subsections(3)and(4)of ORS 279C.580 does not constitute a dispute to which the City is a party. The City shall not be included as a party in any administrative or judicial proceeding involving such a dispute. [279C.580(2)] The Grove EOC Emergency Power Supply System Project No.2019-16 Page 43 of 63 CITY OF ASHLAND e) The Contractor shall make payment promptly,as due,to all persons supplying to the Contractor labor or material for the performance of the work provided for in the contract. [ORS 279C.505(1)(a)] The • Contractor shall pay all contributions or amounts due the Industrial Accident Fund and the State Unemployment Compensation Fund from the Contractor or Subcontractor incurred in the perfonnance of the contract. [ORS 279C.505(1)(b)] The Contractor shall not permit any claim or lien to be filed or prosecuted against the City and shall be fully responsible for any lien or claim filed against the City on account of any labor or material furnished. [ORS 279C.505(1)(c)] The Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. [ORS 279C.505(1)(d)] f) Pursuant to ORS 279C.515(1),if Contractor fails,neglects or refuses to make prompt payment of any claim for labor or services furnished to the Contractor or a subcontractor by any person in connection with the Contract as such claim becomes due,the proper officer(s)representing the City may pay the claim and charge the amount of the payment against funds due or to become due Contractor under this Contract. g) Pursuant to ORS 279C.515(2),if the Contractor or a first-tier subcontractor fails,neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract within 30 days after receipt of payment from the contracting agency or a contractor,the-- contractor or first-tier subcontractor shall owe the person the amount due plus interest charges commencing at the end of the 10-day period that payment is due under ORS 279C.580(4)and ending upon final payment,unless payment is subject to a good faith dispute as defined in ORS 279C.580.The • rate of interest charged to the contractor or first-tier subcontractor on the amount due shall equal three times the discount rate on 90-day commercial paper in effect at the Federal Reserve Bank in the Federal Reserve district that includes Oregon on the date that is 30 days after the date when payment was received from the contracting agency or from the contractor,but the rate of interest may not exceed 30 percent. The amount of interest may not be waived. h) Pursuant to ORS 279C.515(3),if the Contractor or a subcontractor fails,neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract,the person may file a complaint with the Construction Contractors Board,unless payment is subject to a good faith dispute as defined in ORS 279C.580. ri i) Pursuant to ORS 279C.515(4),the payment of a claim in the manner authorized in this section does not relieve the contractor or the contractor's surety from obligation with respect to any unpaid claims. j) Living Wage Rates: If the amount of this Contract is$21,507.75 or more,and Contractor is not paying prevailing wage for the work,Contractor must comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage,as defined in this chapter,to all employees performing work under this contract and to any subcontractor who performs 50%or more of the work under this contract.Contractor must post the attached Living Wage Notice predominantly in areas where it will be seen by all employees. 25) Inspection and Acceptance Inspection and acceptance of all Work required under this Contract shall be performed by the City. The Contractor shall be advised of the acceptance or of any deficiencies in the deliverable items. 26) Liquidated Damages City and Contractor recognize that time is of the essence of this Contract and that City will suffer substantial • financial loss if the project work is not completed within the timeframe specified in Section(1)of the Public 1 The Grove EOC Emergency Power Supply System Project No.2019-16 Page 44 of 63 CITY OF ASHLAND Improvement Contract. City and Contractor also recognize the delays,expense,and difficulties involved in proving in a legal or other dispute resolution preceding the actual loss suffered by City if the project work is not completed on time. Accordingly,instead of requiring any such proof,City and Contractor agree that as liquidated damages for delay(but not as a penalty)the Contractor shall pay the City$300.00(three hundred dollars)per day for each and every day that elapses in excess of the contract time or the final adjusted contract time. This amount is a genuine pre-estimation of the damages expected because of a delay in the completion of this project. Any sums due as liquidated damages shall be deducted from any money due or which may become due to the Contractor under this Contract. Payment of liquidated damages shall not release the Contractor from obligations in respect to the fulfillment of the entire contract,nor shall the payment of such liquidated damages constitute a waiver of the City's right to collect any additional damages which may be sustained by failure of the Contractor to complete the work on time. Permitting the Contractor to continue and finish the project work or any part thereof after the contract time,or adjusted contract time,has expired shall in no way operate as a waiver on the part of the City or any of its rights under this contract. The City may in its discretion grant the Contractor an extension of time upon a showing made by the Contractor that the work has been unavoidably delayed by conditions beyond the control of the parties. 27)Liability,Indemnity and Hold Harmless Contractor warrants that all its work will be performed in accordance with generally accepted practices and standards as well as the requirements of applicable federal,state,and local laws,it being understood that acceptance of Contractor's work by City shall not operate as a waiver or release. The Contractor shall hold harmless,indemnify,and defend City,its officers,agents,and employees from any and all liability,actions, claims,losses,damages or other costs of whatsoever nature,including attorney's fees and witness costs(at both trial and appeal level,whether or not a trial or appeal ever takes place)that may be asserted by any person or entity arising from,during or in connection with the performance of the work,actions or failure to perform actions,and other activities of Contractor or its officers,employees,subcontractors or agents,under this contract, including the professional negligent acts,errors,or omissions of Contractor or its officers,employees, subcontractors,or agents except liability arising out of the sole gross negligence of the City and its employees. The Contractor shall assume all responsibility for the work and shall bear all losses and damages directly or indirectly resulting to the Contractor,to the City,and to their officers,agents,and employees on account of(a)the character or performance of the work,(b)unforeseen difficulties,(c)accidents,or(d)any other cause whatsoever. The Contractor shall assume this responsibility even if(a)fault is the basis of the claim,and(b)any act,omission or conduct of the City connected with the Contract is a condition or contributory cause of the claim,loss,damage or injury. Contractor waives any and all statutory or common law rights of defense and indemnification by the City. Such indemnification shall also cover claims brought against City under state or federal workers compensation laws. Contractor shall also defend and indemnify City from all loss or damage that may result from Contractor's wrongful or unauthorized use of any patented article or process. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever,such illegality or invalidity shall not affect the validity of the remainder of this indemnification. Any specific duty or liability imposed or assumed by the Contractor as may be otherwise set forth in the Contract documents shall not be construed as a limitation or restriction of the general liability or duty imposed upon the Contractor by this section. In the event any such action or claim is brought against the City,the Contractor shall,if the City so elects and upon tender by the City, defend the same at the Contractor's sole cost and expense,promptly satisfy any judgment adverse to the City or to the City and the Contractor jointly,and reimburse the City for any loss,cost,damage,or expense,including attorney fees,suffered or incurred by the City. 28) Insurance The Contractor shall provide and maintain during the life of this Contract the insurance coverage as described in Exhibit C. All costs for such insurance shall be borne by the Contractor and shall be included in the contract The Grove EOC Emergency Power Supply System Project No.2019-16 Page 45 of 63 CITY OF • ASHLAND price. In case of the breach of any provision of this section,the City may elect to take out and maintain at the expense of the Contractor such insurance as the City may deem proper. The City may deduct the cost of such insurance from any monies that may be due or become due the Contractor under this Contract. Failure to maintain insurance as provided is also cause for immediate termination of the Contract. Contractor shall furnish City certificates of insurance acceptable to City prior to execution by the Cityland before Contractor or any subcontractor commences work under this Contract. The certificate shall show the name of the insurance carrier, coverage,type,amount(or limits),policy numbers,effective and expiration dates and a description of operations covered. The certificate will include the deductible or retention level and required endorsements. Insuring companies or entities are subject to City's acceptance. If requested,copies of insurance policies shall be provided to the City. Contractor shall be responsible for all deductibles,self-insured retention's,and/or self-insurance. Approval of the insurance shall not relieve or decrease the liability of the Contractor hereunder. • 29) Performance,Payment and Warranty Bonds/Notice of Bond Claims • At the time of execution of the Contract,the Contractor shall furnish: (1)Performance Bond and(2)Payment Bond written by a corporate surety or other financial assurance in an amount equal to the amount of the Contract based upon the estimate of quantities or lump sum as set forth in the Contract and in accordance with ORS 279.380. The bonds shall be continuous in effect and shall remain in full force and effect until compliance with and fulfillment of all terms and provisions of the Contract,including the obligations of Sections 27 and 30,all applicable laws and the prompt payment of all persons supplying labor and/or material for prosecution of the work.The bond(s)or other financial assurance is subject to approval by the City. Contractor shall furnish a separate warranty bond written by a corporate surety or other financial assurance,in an amount equal to 10%of the final amount of the contract. The City may permit the warranty amount to be included in the initial performance and payment bonds. The warranty bond or other financial assurance shall be in effect for a period of one,year from the date of Final Completion. The City may require a separate warranty bond or financial assurance for any repairs done pursuant to the warranty obligation. Such separate warranty bond or financial assurance shall be for a period of one year from the date of completion of such repairs. The notice of claim on a bond required by ORS 279C.600 must be sent by registered or certified mail or hand delivered no later than 120 days after the day the person last provided labor or furnished materials or 120 days after the worker listed in the notice of claim by the Commissioner of the Bureau of Labor and Industries last provided labor.The notice may be sent or delivered to the contractor at any place the contractor maintains an office or conducts business or at the residence of the contractor. Notwithstanding the above, if the claim is for a required contribution to a fund of any employee benefit plan,the notice required by ORS 279C.600 must be sent or delivered within 150 days after the employee last provided labor or materials. The notice of claim must be in writing substantially as'set forth in ORS 279C:605(3)-(5). • 30) One-Year Warranty • In addition to and not in lieu of any other warranties required under the Contract,Contractor shall make all necessary repairs and replacements to remedy,in a manner satisfactory to the City and at no cost to the City,any and all defects,breaks,or failures of the work occurring within one year following the date of completion due to faulty or inadequate materials or workmanship. Repair damage or disturbances to other improvements under, within,or adjacent to the work,whether or not caused by settling,washing,or slipping,when such damage or disturbance is caused,in whole or in part,from activities of the Contractor in performing its duties and obligations _ under this Contract when such defects or damage occur within the warranty period. The one-year warranty period shall,with relation to such required repair,be extended one year from the date of completion of such repair. The Grove EOC Emergency Power Supply System Project No.2019-16 Page 46 of 63 CITY OF ASHLAND If Contractor,after written notice,fails within ten days to proceed to comply with the terms of this section,City may have the defects corrected,and the Contractor and Contractor's surety shall be liable for all expense incurred. In case of an emergency where,in the opinion of the City,delay would cause serious loss or damage,repairs may be made without notice being given to Contractor and Contractor or Surety shall pay the cost of repairs. Failure of the City to act in case of an emergency shall not relieve Contractor or Surety from liability and payment of all such costs. 31) Nondiscrimination in Labor No person shall be subject to discrimination in the receipt of the benefits of any services or activities made possible by or resulting from this Agreement on the grounds of sex,race,color,creed,marital status,age,sexual orientation or national origin.Contractor shall comply with provisions of Owner's Equal Opportunity Policy and comply with ORS Chapter 659 and ORS Chapter 659A relating to unlawful employment practices and discrimination by employers against any employee or applicant for employment because of race,religion,color, sex,national origin,marital status or age if the individual is 18 years of age or older. Particular reference is made to ORS 659A.030,which states that it is unlawful employment practice for any employer,because of the race, religion,color,sex,national origin,marital status or age if the individual is 18 years or older or because of the race,religion,color,sex,national origin or age of any other person with whom the individual associates,or because of a juvenile record that has been expunged pursuant to ORS 419A.260 and ORS 419A.262 of any individual,or to refuse to hire or employ or to bar or discharge from employment such individual or to discriminate against such individual in compensation or in terms,conditions or privileges of employment. Any violation of this provision shall be considered a material violation of the Agreement and shall be grounds for cancellation,termination,or suspension in whole or in part. 32) Construction Debris and Yard Waste Contractor shall salvage or recycle construction and demolition debris,if feasible and cost effective. If the contract includes lawn and landscaping maintenance,Contractor shall compost or mulch yard waste material at an approved site,if feasible and cost effective. [ORS 279C.510(1)&(2)] 33) Environmental Regulations Pursuant to ORS 279C.525(1),the following is a list of federal,state and local agencies which have enacted ordinances or regulations dealing with the prevention of environmental pollution and the preservation of natural resources that may affect the perfonnance of the contract. The Grove EOC Emergency Power Supply System Project No.2019-16 Page 47 of 63 CITY OE ASHLAND Federal Agencies: Local Agencies: Agriculture,Department of CITY of ASHLAND Forest Service City Council(Ashland Municipal Code) Soil Conservation Service County Courts Commerce,Department of County Commissioners of Jackson County National Oceanic and Atmospheric Administration County Service Districts (NOAA) - Sanitary Districts National.Marine Fisheries Service(NMFS) Water Districts Defense,Department of Army Corps of Engineers Fire Protection Districts Energy,Department of Federal Energy Regulatory Historical Preservation Commissions Commission Planning Commission Environmental Protection Agency Health and Human Services�Department of Housing and Urban Development,Solar Energy and Energy Conservation Bank Interior,Department of Bureau of Land Management -Bureau of Indian Affairs Bureau of Mines Bureau of Reclamation Geological Survey . • Minerals Management Service U.S.Fish and Wildlife Service Labor,Department of Mine Safety and Health Administration Occupational Safety end Health Administration Transportation,Department of �. Coast Guard Federal Highway Administration Water Resources Council State Agencies: Administrative Services,Department of Agriculture,Department of Consumer&Business Services,Department of Oregon Occupational Safety&Health Division Energy,Department of Environmental Quality,Department of Fish and Wildlife,Department of Forestry,Department of Geology and Mineral Industries,Department of Human Resources,Department of - Land Conservation and Development Commission Parks and Recreation,Department of • Soil and Water Conservation Commission State Engineer • State Land Board(Lands,Division of State) Water Resources Department The Grove EOC Emergency Power Supply System Project No.2019-16 Page 48 of 63 ' J CITY OF ASHLAND If the Contractor awarded the project is delayed or must undertake additional work by reason of existing ordinances,rules or regulations of agencies not cited above or due to the enactment of new or the amendment of existing statutes,ordinances,rules or regulations relating to the prevention of environmental pollution and the preservation of natural resources occurring after the submission of the successful Bid,the City may: • Terminate the contract; • Complete the work itself; • Use non-City forces already under contract with the City; • Require that the underlying property owner be responsible for cleanup; • Solicit bids for a new contractor to provide the necessary services;or • Issue the contractor a change order setting forth the additional work that must be undertaken. The solicitation documents make specific reference to known conditions at the construction site that may require the successful Bidderto comply with the ordinances,rules or regulations identified above. If Contractor encounters a condition not referred to in the solicitation documents,not caused by the successful Bidder and not discoverable by a reasonable pre-bid visual site inspection,and the condition requires compliance with the ordinances,rules or regulations enacted by the governmental entities identified above, the successful Bidder shall immediately give notice of the condition to the contracting agency. Except in the case of an emergency and except as may otherwise be required by any environmental or natural resource ordinance,rule or regulation,the Contractor shall not commence work nor incur any additional job site costs in regard to the condition encountered and described in subsection(3)of this section without written direction from the contracting agency.Upon request by the City,the Contractor shall estimate the emergency or regulatory compliance costs as well as the anticipated delay and costs resulting from the encountered condition.This cost estimate shall be promptly delivered to the contracting agency for resolution.Within a reasonable period of time following delivery of an estimate of this section,the City may: • Terminate the contract; • Complete the work itself; • Use non-City forces already under contract with the City; • Require that the underlying property owner be responsible for cleanup; • Solicit Bids for a new contractor to provide the necessary services;or • Issue the contractor a change order setting forth the additional work that must be undertaken. If the City chooses to terminate the contract under either subsection(a)of this section,the Contractor shall be entitled to all costs and expenses incurred to the date of termination,including overhead and reasonable profits,on the percentage of the work completed.The City shall have access to the contractor's Bid documents when making the contracting agency's determination of the additional compensation due to the contractor. If the contracting agency causes work to be done by another contractor under either subsection(c) or(e)above,the initial contractor may not be held liable for actions or omissions of the other contractor. The change order under either subsection(t)of this section shall include the appropriate extension of contract time and compensate the contractor for all additional costs,including overhead and reasonable profits,reasonably incurred as a result of complying with the applicable statutes,ordinances,rules or regulations.The City shall have access to the contractor's Bid documents when making the contracting agency's determination of the additional compensation due to the contractor. Notwithstanding the above,the City has allocated all or a portion of the known environmental and natural resource risks to a Contractor by listing such environmental and natural resource risks in the solicitation documents. 34)Waiver The Grove EOC Emergency Power Supply System Project No.2019-16 Page 49 of 63 4 CITY Of ASHLAND The failure of the City to enforce any provision of this contract shall not constitute a waiver by the City of that or any other provision. City shall not be precluded or estopped by any measurement,estimate or certificate made either before or after completion and acceptance of work or payment therefore,from showing the true amount and character of work performed and materials furnished by the Contractor,or from showing that any such measurement,estimate or certificate is untrue or incorrectly made,or that work or materials do not confonn in fact to the Contract.City shall not be precluded or estopped,notwithstanding any such measurement,estimate or certificate,or payment in accordance therewith,from recovering from the Contractor and their Sureties such damages as it may sustain by reason of their failure to comply with terms of the Contract,or from enforcing compliance with the Contract. Neither acceptance by City,or by any representative or agent of the City,of the whole or any part of the work,nor any extension of time,nor any possession taken by City,nor any payment for all or any part of the project,shall operate as awaiver of any portion of the Contract or of any power herein reserved,or any right to damages herein provided. A waiver of any breach of the Contract shall not be held to be a waiver of any other breach. 35)Errors The Contractor shall perform such additional work as may be necessary to correct errors in the work required under this Contract without undue delays and without additional cost to the City. 36) Governing Law The provisions of this contract shall be construed in accordance with the laws of the State of Oregon and ordinances of the City of Ashland,Oregon. Any action or suits involving any question arising under this contract must be brought in the appropriate court in Jackson County,Oregon. If the claim must be brought in a federal forum,then it shall be brought and conducted in the United States District Court for the District of Oregon. Contractor,by the signature herein of its authorized representative,hereby consents to the in ° personam jurisdiction of said courts. In no event shall this section be construed as a waiver of the City of any fonn of defense or immunity. a 37) Severability - If any term or provision of this Contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law,the validity of the remaining terms and provisions shall not be affected,and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular term or provision held invalid. - 38)Attorney's Fees If a suit or action is filed to enforce any of the terms of this Contract,the prevailing party shall be entitled to recover from the other party,in'addition to costs and disbursements provided by statute,any sum which a court,including any appellate court,may adjudge reasonable as attorney's fees. 39)Business License The Contractor shall obtain a City of Ashland business license as required by City Ordinance prior to beginning work under this contract. The Contractor shall provide a business license number in the space provided in this contract. 40)Notices/Bills/Payments All notices,bills,and payments shall be made in writing and may be given by personal delivery or by mail. Notices,bills,and payments sent by mail should be addressed as follows: The Grove EOC Emergency Power Supply System Project No.2019-16 Page 50 of 63 CITY OF ASHLAND City: K.aylea Kathol City of Ashland Public Works Department 20 East Main Street Ashland,OR 97520 and when so addressed,shall be deemed given upon deposit in the United States Mail,postage prepaid. In all other instances,notices,bills,and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices,bills,and payments are to be given by giving notice pursuant to this paragraph. 41) Conflict of Interest Contractor covenants that it presently has no interest and shall not acquire any interest,direct or indirect, which would conflict in any manner or degree with the performance of its services. The Contractor further covenants that in the performance of this contract no person having any such interest shall be employed. 42) Merger Clause This Contract and attached exhibits constitute the entire agreement between the parties. No waiver,consent, modification or change of terms of this Contract shall bind either party unless in writing and signed by both parties. Such waiver,consent,modification or change,if made,shall be effective only in the specific instance and for the specific purpose given. There are no understandings,agreements,or representations, oral or written,not specified herein regarding this contract. By its signature,contractor acknowledges it has read and understands this Contract,and agrees to be bound by its terms and conditions. 0 The Grove EOC Emergency Power Supply System Project No.2019-16 Page 51 of 63 CITY OF ASHLAND EXHIBIT B: APPLICABLE CONTRACT LAW This Exhibit B contains the requirements for public improvement contracts as set forth in ORS 279C.360 through and including ORS 279C.800 and is available through the City's Engineering Office at 51 Winburn Way,Ashland,Oregon or online at www.leg.state.or.us/ors The Grove EOC Emergency Power Supply System Project No.2019-16 Page 52 of 63 CITY OF ASHLAND EXHIBIT C: INSURANCE REQUIREMENTS To; Insurance Agent. Please provide Certificates of Insurance to the Project Manager. During the term of the Contract,please provide Certificates of Insurance prior to each renewal. Insurance shall be without prejudice to coverage otherwise existing. During the term of this contract,Contractor shall maintain in force at its own expense all insurance noted below: Workers Compensation insurance in compliance with ORS 656.017. All employers,including Contractor and any subcontractors,that employ subject workers who work under this Contract in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage,unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of its subcontractors complies with these requirements. Commercial General Liability insurance on an occurrence basis,with a combined single limit of not less than$2,000,000(two million dollars)for each occurrence of bodily injury,personal injury and property damage. 'It shall include coverage for broad form contractual liability;broad form property damage;personal and advertising injury;owners and contractor protective;premises/operations;and products/completed operations. Coverage shall not exclude excavation,collapse,underground,or explosion hazards. Aggregate limits shall apply on a per-project basis. Commercial Automobile Liability insurance with a combined single limit,or the equivalent of not less than $2,000,000(one million dollars)for each accident for Bodily Injury and Property Damage,including coverage for owned,hired and non-owned vehicles."Symbol One"coverage shall be designated. Notice of Cancellation or Change. There shall be no cancellation,material change,reduction of limits or intent not to renew the insurance coverage(s)without 30 days written notice from the Contractor or its insurer(s)to the City. This notice provision shall be by endorsement physically attached to the certificate of insurance. Additional Insured. For general liability insurance and automobile liability insurance the City,and its agents,officers,and employees will be Additional Insureds,but only with respect to Contractor's services to be provided under this contract. This coverage shall be by endorsement physically attached to the certificate of insurance. The Contractor shall defend,indemnify,and hold harmless,the City and the City's officers,agents, and employees against any liability that may be imposed upon them by reason of the Contractor's or subcontractor's failure to provide workers'compensation and employers liability coverage. Certificates of Insurance. Contractor shall furnish insurance certificates acceptable to City prior to commencing work. The certificate will include the deductible or retention level and required endorsements. Insuring companies or entities are subject to City approval. If requested,copies of insurance policies shall be provided to the City. Contractor shall be responsible for all deductibles,self-insured retention's,and/or self- insurance. The Grove EOC Emergency Power Supply System Project No.2019-16 Page 53 of 63 CITY OF ASHLAND EXHIBIT D: CERTIFICATION STATEMENT FOR CORPORATION OR INDEPENDENT CONTRACTOR A. CONTRACTOR IS A CORPORATION Corporation Certification: I am authorized to act on behalf of the entity named below,and certify under penalty of perjury that it is a corporation. Infinity Electrical Contractors, Inc. 5/8/20 Entity Signature Date B. CONTRACTOR IS INDEPENDENT Independent Contractor Standards: As used in various provisions of ORS Chapters including but not limited to 316,656,657,and 701,an individual or business entity that performs labor or services for remuneration shall be considered to perform the labor or services as an"independent contractor"if the standards of ORS 670.600 are met. Contractor and Project Manager certifies that the Contractor meets the following standards: 1. Contractor is free from direction and control over the means and manner of providing the labor or services,subject only to the specifications of the desired results. 2. Contractor is responsible for obtaining all assumed business registrations or professional occupation licenses required by state law or local ordinances. 3. Contractor furnishes the tools or equipment necessary for the contracted labor or services. 4. Contractor has the authority to hire and fire employees to perform the labor or services. 5. Payment to the Contractor is made upon completion of the performance or is made on the basis of a • periodic retainer. 6. Contractor is registered under ORS chapter 701,if the Contractor provides labor or services for which such registration is required. 7. Contractor has filed federal and state income tax returns in the name of the business or a business - Schedule C as part of the personal income tax return,for the previous year,for labor or services performed as an independent contractor in the previous year. • 8. Contractor representsto the public that the labor or services are to be provided by an independently established business as four or more of the following circumstances exist(Check four or more of the following): XX A. The labor or services are primarily carried out at a location that is separate from Contractors residence or is primarily carried out in a specific portion of Contractors residence,which is set aside as the location of the business. XX B. Commercial advertising or business cards are purchased for the business,or Contractor has a trade association membership. XX C. Telephone listing is used for the business that is separate from the personal residence listing. D. Labor or services are performed only pursuant to written contracts. The Grove EOC Emergency Power Supply System Project No,2019-16 Page 54 of 63 CITY OF ASHLAND XX ' E. Labor or services are performed for two or more different persons within a period of one XX year. F. Contractor assumes financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds,warranties,errors and omission insurance or liability insurance relating to the labor or services to be provided. If any action is taken by a person or enforcement agency relating to Contractor's independent contractor status in connection with this contract,Contractor shall defend,hold harmless and indemnify the CITY of { ASHLAND,its elected and appointed officials,employees,volunteers and agents from any such action, claim,judgment,fine,penalty,or order to pay. Contractor shall pay any additional costs incurred by the City in defending such action or incurred as a result of such action. This indemnification is in addition to any indemnification otherwise in this agreement. 5/8/20 Contractor Signature Martin L. Daniels, Jr. -President Date 5/8/20 Project Manager Signature Martin L. Daniels, Jr. -President Date • { The Grove EOC Emergency Power Supply System Project No.2019-16 Page 55 of 63 - t CITY OF • ASHLAND EXHIBIT E: BONDS • • • • The Grove EOC Emergency Power Supply System Project No.2019-16 Page 56 of 63 ti 5J CITY OF ASHLAND CITY OF ASHLAND STANDARD PUBLIC IMPROVEMENT CONTRACT PERFOANCE BOND Bond No. GROR48265 Solicitation No. 2019-16 Project Name: The Grove EOC Emergency Power Supply System Granite Re,Inc. (Surety No. 1) Bond Amount No. 1: $ 125,600.00' N/A (Surety No.2)* Bond Amount No.2:4` $ N/A - , *if using multiple sureties Total Penal Sum of Bond: $ 125400.00 The undersigned Infinity Electrical Contractors,Inc ,as Principal,further referred to in this bond as Contractor,and above identified surety(ies), further referred'to in this bond as Surety(ies), are jointly and severally bound unto City of Ashland,as obligee,further referred to in this bond as City,in the sum of(Total Penal Sum of Bond) Otte Hundred Twenty Five Thousand Six Dollars($ 125,600.00 ). Hundred&00/100 Contractor and City have entered into a writtencontract dated May 8,2020 , the plans,specifications,terms and conditions of which are contained in the above-referenced Solicitation. This contract is further referred to in this bond as the Contract and is incorporated.into this bond by this reference. The conditions of this bond ire: 1. If Contractor faithfully performs the Contract in accordance with the plans,specifications and _ conditions of the:contract within the time prescribed by the Contract,-as required by ORS 279C.380 through 279C.385,then this obligation is nullamid void;'otherwise it shall remain in full force and effect. 2. If Contractor is declared by City to be in default under the Contract,the Surety shall promptly remedy the default,perform all of contractor's obligations under the'contract in accordance with its terns and conditionsand pay to City all damages thataredue under the'Contract. 3., This bond is subject to claims under ORS 279C.380 through 279C.390. 4. This obligation jointly and severally binds Contractor and Surety and their respective heirs, executors,administrators,successors. V 5. Surety waives notice of modification of the Contract or extension of the Contract time. 6. Nonpayment of the bond premium shall not invalidate this bond. 7. 'The name,address,and telephone number of the agent authorized to receive notices concerning this bond are as follows: Signed this 21st day of. May ,20 20 The Grove EOC Emergency Power Supply System Project No.2019-16 Page 57 of 63 CITY OF ASHLAND PERFORMANCE BOND Page 2 PRINCIPAL: Infinity Electrical Contractors,Inc By: Signature Official Capacity Attest: Corporation Secretary SURETY: Granite Re,Inc. [Add signatures for each if using multiple bonds] BY ATTORNEY-IN-FACT: [Power-of-Attorney must accompany each bond] Kenneth D.Whittington Name 0.4 ' attire ti r 14001 Quailbrook Drive Address �,.... Oklahoma City,OK 73134 . City State Zip 405-752-2600 405-749-6800 Phone Fax The Grove EOC Emergency Power Supply System Project No.2019-16 Page 58 of 63 CITY OF ASHLAND CITY OF ASHLAND STANDARD PUBLIC IMPROVEMENT CONTRACT PA!MENT BOND Bond No. GROR48265 Solicitation No. 201946 Project Name: The Grove EOC Emergency Power Supply System Granite Re,Inc. (Surety No. 1) Bond Amount No. 1: $ 125,600.00 N/A (Surety No.2)* Bond Amount No.2:* $ N/A *if using multiple sureties Total Penal Sum of Bond: $ 125,600.00 The undersigned Infinity Electrical Contractors,Inc. ,as principal,further referred to in this bond as Contractor,and above identified surety(ies), further referred to in this bond as Surety(ies), are jointly and severally bound unto City of Ashland,as obligee,further referred to in this bond as City,in the sum of(Total Penal Suitt of Bond) One.Hundred Twenty Five Thousand Six Dollars($ 125,600.00 ). Hundred'&.00/100 Contractor.and City have entered into a written contract dated May 8,2020 the plans, specifications,terms and conditions of which are contained in the above-referenced Solicitation. This contract is further referred to in this bond as the Contract and is incorporated into this bond by this reference. The conditions of this bond are: 1. If Contractor faithfully performs the Contract within the time prescribed by the Contract,and promptly:makes payment to all claimants,as defined in ORS 279C.600 through 2790.620,then this obligation is null and void;otherwise it shall remain in full force and effect. • 2. If Contractor is declared by City to be in default under the Contract,the Surety shall promptly remedy the default,performall of Contractor's obligations under the contract in accordance with its terms and conditions and pay to City all damages that are due under.the Contract. 3. This bond is subject to claims under ORS 279C.600 through 279C.620. 4. This obligation jointly and severally binds Contractor and Surety and their respective heirs, executors,administrators,successors. 5. Surety waives notice of modification of the Contract or extension of the Contract time. • 6. Nonpayment of the bond premium shall not invalidate this bond. 7. The name,address,and telephone number of the agent authorized to receive notices concerning this bond are as follows. Signed this 21st day of May ,20 20 The Grove EOG Emergency Power Supply System Project No.2019-16 Page 59 of 63 r , CITY OF ASHLAND PAYMENT BOND Page 2 • PRINCIPAL: Infinity Electrical Contractors,Inc By: Signature Official Capacity Attest: Corporation Secretary SURETY: Granite Re,Inc. [Add signatures for each if using multiple bonds] _BY ATTORNEY-1N-FACT: [Power-of-Attorney must accompany each bond] Kenneth D.Whittington Naine _ . 1 y afore 14001 Quailbrook Drive . Address . Oklahoma City,OK 73134 City State Zip 405-752-2600 405-749-6800 Phone Fax The Grove EOC Emergency Power Supply System Project No.2019-16 Page 60 of 63 } • GRANITE RE, INC. GENERAL POWER OF ATTORNEY • Know all Men by these Presents: That GRANITE RE,INC.,a corporation organized and existing under the laws of the State of MINNESOTA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and.appoint: KENNETH D.VIHIITTINGTON;KYLE MCDONALD its true and lawful Attorney-in-Fact(s)for the following purposes,to wit: To sign its name as surety to,and to execute,seal and acknowledge any and all bonds,and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE,INC.a certified copy of which is hereto annexed and made a part of this Power of Attorney;and the said GRANITE RE,INC.through us,its Board of Directors,hereby ratifies and confirms all and whatsoever the said: KENNETH D.WHITTINGTON;KYLE MCDONALD may lawfully do in the premises by virtue of these presents, In Witness Whereof,the said GRANITE RE,INC.has caused this instrument to be sealed with its corporate seal,duly attested by the signatures of its President and Secretary/Treasurer,this 3rd day of January,2020. KE Kenneth D.Whitti on,President``' STATE OF OKLAHOMA 0 a s E A L SS: = •."" /17,7,41COUNTY OF OKLAHOMA ) Kyl :P.McDonald,Treasurer On this 3rd day of January, 2020, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Kyle P. McDonald,Secretary/Treasurer of said Company.,with both of whom I am personally acquainted,who being by me severally duly sworn,said,that they,the said Kenneth U.Whittington and Kyle P.McDonald were respectively the President and the Secretary/Treasurer of GRANITE RE,we.,the corporation described in and which executed the foregoing Power of Attorney;that they each knew the seal of said corporation;that the seal affixed to said Power of Attorney was such corporate seal,that it was so fixed by order of the Board of Directors of said corporation,and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively,of the Company. My Commission Expires: Y �.�MIX ' 644407.)J 8,• Au�gust 2021 a NotPublic Cothmission#:01013257 4'orok0"�- GRANITE RE,INC. Certificate THE UNDERSIGNED,being the duly elected and acting Secretary/Treasurer of Granite Re,Inc.,a Minnesota Corporation,HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987,minutes of the meeting of the Board of Directors of Granite Re,Inc.and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED,that the President,any Vice President,the Secretary;and any Assistant Vice President shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile: On any instrument conferring such authority or on any bond or undertaking of the Company,the seal,or a facsimile thereof,maybe impressed or affixed or in any other manner reproduced;provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF,the undersignedhas,s1b5cribed-this Certificate and affixed the corporate seal of the Corporation this May 21,2020. . 1 Kyle :McDonald,Secretary/Treasurer GR0800-1 • t_• FEDERATED INSURANCE7® • Dear Policyholder, Thank you for choosing Federated Insurance to handle your insurance and risk management needs. The attached certificate document(s) have been issued or updated. Please feel free to contact us with any additional changes, additions or deletions that may be needed by contacting the Federated Client Contact Center at: Phone: 1-888-333-4949 Fax: 507-446-4664 E-mail: clientcontactcenter@fedins:com • Thank you for your business! Client Contact Center Enclosed: Certificate Document(s) MISC-0829 (04-13) ACOR CERTIFICATE OF LIABILITY INSURANCE DATE 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 FEDERATED MUTUAL INSURANCE COMPANY NAME: CLIENT CONTACT CENTER PHONE HOME OFFICE:P.O.BOX 328 (A/C,No,EXE):888-333-4949 FAX No):507-445'-4664 OWATONNA,MN 55060 E-ADDRESS:CLI ENTCONTACTCENTERan,FEDINS.COM INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:FEDERATED MUTUAL INSURANCE COMPANY 13935 INSURED 155-264-5 INSURER B: • INFINITY ELECTRICAL CONTRACTORS,INC. INSURER C PO BOX 2575 WHITE CITY,OR 97503-0575 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:93 REVISION NUMBER:0 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 EFP POLICY EXP IHER WVD POUCY NUMBER IMM/DD/YYVYI (MMIDDIYYYY) LIMITS X COMMERCIAL GENERAL UABIUTY EACH'OCCURRENCE $1,000,000 CLAIMS-MADE n OCCUR DAMAGE TO RENTED $100,000 PREMISES(Ea acmmenee) MED EXP(Any one person) EXCLUDED A Y N 9215875 10/30/2019 10/30/2020 PERSONAL&ADV INJURY $1,000,000 GE d'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY JECT LOC PRODUCTS-COMP/OP AGO $2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE UMIT $1,000,000 X ANY AUTO (En Imelda.)BODILY INJURY(Per person) A _OWNED AUTOS ONLY AmoOSSULED Y N 9215875 10/30/2019 10/30/2020 BODILY INJURY(Per accident) HIRED AUTOS ONLY NON-OWNED PROPERTY DAMAGE AUTOS ONLY (Per eceldemI X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $2,000,000 A EXCESS UAB CLAIMS-MADE N N 9215876 10/30/2019 10/30/2020 AGGREGATE $2,000,000 DED I I RETENTION WORKERS COMPENSATION °R Y/N AND EMPLOYERS'LIABILITY PER STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE L EACH ACCIDENT OFFICER/MEMBER EXCLUDED? II E. N/A (Mandatory in NH) E.L DISEASE-EA EMPLOYEE If yes,describe under EL DISEASE-POUCY UMIT DESCRIPTION OF OPERATIONS below • • DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is rewired) SEE ATTACHED PAGE CERTIFICATE HOLDER CANCELLATION 155-264-5 93 0 CITY OF ASHLAND SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE DEPT OF PUBLIC WORKS THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 E MAIN ST ACCORDANCE WITH THE POLICY PROVISIONS. ASHLAND,OR 97520-1814 AUTHORIZED REPRESENTATIVE /1G r v ^r el 1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 155-264-5 LOC#K ACORD® - �� ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED FEDERATED MUTUAL INSURANCE COMPANY INFINITY ELECTRICAL CONTRACTORS,INC. PO BOX 2575 POLICY NUMBER SEE CERTIFICATE#93.0 WHITE CITY,OR 97503-0575 CARRIER NAIC CODE SEE CERTIFICATE#93.0 EFFECTIVE DATE:SEE CERTIFICATE#93.0 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE PROJECT: THE GROVE EOC EMERGENCY POWER SUPPLY SYSTEM PROJECT NO. 2019-16 THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU ENDORSEMENT FOR GENERAL LIABILITY. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED BY CONTRACT ENDORSEMENT FOR BUSINESS AUTO LIABILITY. ACORD 101(2008101) O 2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD 4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. WHO IS AN INSURED for"bodily injury"and "property damage" liability is amended to include: Any person or organization other than a joint venture, for which you have agreed by written contract to procure bodily injury or property damage "auto" liability insurance arising out of operation of a covered "auto"with your permission. However,this additional insurance does not apply to: (1) The owner or anyone else from whom you hire or borrow a covered "auto". This exceptiondoes not apply if the covered "auto" is a "trailer" connected to a covered "auto"you own. (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". (5) A partner (if you are a partnership), or a member (if you are a limited liability company) for a covered "auto"owned by him or her or a member of his or her household. B. The coverage extended to any additional insured by this endorsement is limited to, and subject to all terms, conditions, and exclusions of the Coverage Part to which this endorsement is attached. In addition, coverage shall not exceed the terms and conditions that are required by the terms of the written agreement to add any insured, or to procure insurance. C. The limits of insurance applicable to such insurance shall be the lesser of the limits required by the agreement between the parties, or the limits provided by this policy. D. Additional exclusions. The insurance afforded to any person or organization as an insured under this endorsement does not apply: 1. To"loss"which occurs prior to the date of your contract with such person or organization; 2. To "loss" arising out of the sole negligence of any person or organization that would not be an insured except for this endorsement. 3. To "loss" for any leased or rented "auto" when the lessor or his or her agent takes possession of the leased or rented "auto"or the policy period ends, whichever occurs first. Includes copyrighted material of Insurance Services Office, Inc.with its permission. CA-F-127(03-03) Policy Number: 9215875 Transaction Effective Date:10-30-2019 .. COMMERCIAL GENERAL LIABILITY CG20330413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED,r, OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 5 A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or additional insureds, the following additional organization for whom you are performing exclusions apply: operations when you and such person or This insurance does not apply to: organization have agreed in writing in a contract 1. "Bodily injury", "property damage" or or agreement that such person or organization be "personal-and advertising injury" arising out added as an additional insured on your policy. of the rendering of, or the failure to render, Such person or organization is an additional insured only with respect to liability for "bodily any professional architectural, engineering or injury", "property damage" or "personal and surveying services, including: advertising injury"caused, in whole or in part, by: a. The preparing, approving, or failing to 1. Your acts or omissions; or prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, 2. The acts or omissions-of,those acting on your change orders or drawings and behalf; specifications; or in the performance of your ongoing operations for b. Supervisory, inspection, architectural or the additional insured. engineering activities. However, the insurance afforded to such This exclusion applies even if the claims against additional insured: any/ insured allege negligence or other 1. Only applies to the extent permitted by law; wrongdoing in the supervision, hiring, and employment, training or monitoring of others by 2. Will not be broader than that which you are that insured, if the "occurrence" which caused the required by the contract or agreement to "bodily injury" or "property damage", or the provide for such additional,insured. offense which caused the "personal and advertising injury", involved the rendering of or A person's or organization's status as an any professional additional insured under this endorsement ends the failure to render . architectural, engineering or surveying services. when your operations for that additional insured are completed. © Insurance Services Office, Inc., 2012 Page 1 of 2 CG 20 33 0413 Policy Number: 9215875 Transaction Effective Date: 10-30-2019 • S 2. "Bodily injury" or "property damage" C. With respect to the insurance afforded to these occurring after: additional insureds, the following is added to a. All work, including materials, parts or Section III -Limits Of Insurance: equipment furnished in connection with The most we will pay on behalf of the additional such work, on the project (other than insured is the amount of insurance: service, maintenance or repairs) to be 1. Required by the contract or agreement you performed by or on behalf of the additional have entered into with the additional insured; insured(s) at the location of the covered or operations has been completed;or b. 'Thatportion of "your2. Available under the applicable Limits of work" out of which Insurance shown in the Declarations; the injury or damage arises has been put whichever is less. to its intended use by any person or organization other than another contractor This endorsement shall not increase the or subcontractor engaged in performing applicable Limits of Insurance shown in the operations for a principal as a part of the Declarations. same project. / t Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 33 0413 Policy Number: 9215875 Transaction Effective Date:10-30-2019 1 a � o www.saif.com • saiFz; . Oregon Workers' Compensation Certificate of Insurance Mail to: Certificate holder: INFINITY ELECTRICAL CONTRACTORS INC CITY OF ASHLAND PO BOX 2575 -PUBLIC WORKS DEPARTMENT WHITE CITY, OR 97503-0575 20 EAST MAIN ST ASHLAND, OR 97520 The policy of insurance listed below has been issued to the insured named below for the policy period indicated.The insurance afforded by this policy is subject to all the terms,exclusions and conditions of such policy;this policy is subject to change or cancellation at any time. Insured , Producer/contact Infinity Electrical Contractors Inc CC Services Inc PO Box 2575 Hank Rademacher White City, Or 97503-0575 541.826.8900 hank.rademacher@countryfinancial.com Issued 05/11/2020 Limits of liability Policy 794162 Bodily Injury by Accident $500,000 each accident Period 10/01/2019 to 10/01/2020 Bodily Injury by Disease $500,000 each employee Body Injury by Disease $500,000 policy limit Description of operations/locations/special items Project#2019-16: The Grove EOC Emergency Power Supply System Important This certificate is issued as a matter of information only and confers no rights to the certificate holder.This certificate does not amend, extend or alter the coverage afforded by the policies above.This certificate does not constitute a contract between the issuing insurer,authorized representative or producer and the certificate holder. Authorized representative ) 4L- " r Kerry Barnett President and CEO ( 400 High Street SE Salem,OR 97312 P:800.285.8525 Policy_OLCA CertificateOflnsurance _. F:503:584.9812 CITY OF ASHLAND BID FORM To the Honorable Mayor and City Council City Hall City of Ashland 20 East Main Street Ashland,Oregon 97520 This Bid is submitted as an offer by the undersigned to enter into a contract with the City of Ashland for furnishing all permits,labor,tools,machinery,materials,transportation,equipment and services of any kind required for,or reasonably incidental to,the The Grove EOC Emergency Power Supply System(hereinafter "Project")for the City of Ashland,Oregon. This Bid is subject to the following declarations as to the acts, intentions and understandings of the undersigned and the agreement of the City of Ashland to the terms and prices herein submitted. $,9DtJS1NEStN3", IInfnitf EIectf .,1!-Otiacaa_,'tnc7» f .„, :4 :'fry;;.` M ilCl� le s-�! .i `� C�N�'TA�T�;I�A�+1V1'E�'�� p..:f�"�N�''ITZIZM e �4Q78`AI t 4�d•. ® @' sy ~js' a._r ':s,, � t T� !``k nl#(>t * e"�+L 4:' C i7 ft7 a5Ar_' A s a S_TaM, Tg l ;01\LEMA7`O'`<`v5" 1;82.2A30a sn. r ,g ADD .fij..tmgrtyo O.',°.ntrrotorstoa ilro t. x %-J 4 1. The undersigned has familiarized itself with the nature and extent of the Contract Documents,the Project, site,locality,general nature of work to be performed by City or othersat the site that relates to the project work required by the Contract Documents,local conditions,and federal,state,and local Laws and Regulations that in any manner may affect cost,progress,performance,or furnishing of the Project. 2. The undersigned has obtained and carefully studied(or assumes responsibility for obtaining and carefully studying)examinations,investigation,exploration,tests,and studies which pertain to the conditions(subsurface or physical)at or contiguous to the site or otherwise and which may affect the cost,progress,performance,or furnishing of the project work as Contractor deems necessary for the performance and furnishing of the project work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents;and no additional or supplementary examinations,investigations,explorations,tests, reports,or similar information or data are or will be required by Contractor for such purposes. 3. It is understood that the City shall investigate and determine the qualifications of the apparent low responsive Bidder prior to awarding the contract. The City shall reject any bid by a nonqualified or disqualified Bidder. The City of Ashland reserves the right to reject for any good cause any or all bids,waive formalities,or to accept any bid which appears to serve the best interests of the City in accordance with ORS 279B.100. The City reserves the right to reject any Bid not in compliance with all prescribed public bidding procedures and requirements,and may reject all bids for good cause upon a finding that it is in the public interest to do so. The Grove EOC Emergency Power.Supply System Project No.2019-16 Page 14 of 63 CITY OF ASHLAND 4. The terms and conditions of the contract and solicitation documents are hereby accepted,and that if this Offer is accepted,the undersigned will contract with the City of Ashland,Oregon,in a form substantially similar to that attached Agreement and agree to be bound to the terms and conditions of said contract and solicitation documents. 5. It is understood that the contract drawings may be supplemented by additional drawings and specifications in explanation and elaboration thereof and,if they are not in conflict with those referred to in paragraph 1 above, they shall have the same force and effect as though they were attached and they shall be accepted as part of the contract when issued. . 6. The undersigned agrees that upon written acceptance of this bid s/he will,within ten(10)working days,of receipt of such notice,execute a formal contract agreement with the City. The undersigned further agrees that s/he will provide the following in order to execute the contract: • Performance Bond and Corporate Surety Payment Bond,both in the amount equal to 100%of the awarded contract; • Certificates of Insurance for General Liability and Vehicle coverage • Certificates of Coverage for Workman Compensation and unemployment insurance; • All other bonds,permits,licenses,etc.as required in the contract documents. 7. It is understood that all the work will be performed under a lump sum or unit price basis and that for the lump sum or unit price all services,materials,labor,equipment,and all work necessary to complete the project in accordance with the plans and specifications shall be furnished for the said lump sum or unit price named. It is understood that the quantities stated in connection with the price schedule for the contract are approximate only and payment shall be made at the unit prices named for the actual quantities incorporated in the completed work. If there shall be an increase in the amount of work covered by the lump sum price,it shall be computed on a basis of"extra work"for which an increase in payment will have been earned and if there be a decrease in the lump sum payment,it shall be made only as a result of negotiation between the undersigned and the Owner. Furthermore,it is understood that any estimate with respect to time,materials,equipment,or service which may appear on the plans or in the specifications is for the sole purpose of assisting the undersigned in checking the undersigned's own independent calculations and that.at no time shall the undersigned attempt to hold the Owner, the Engineer,or any other person,firm or corporation responsible for any errors or omissions that may appear in any estimate. 8. The undersigned submits the unit prices as those at which he will perform the work involved. The extensions of the column headed"ITEM TOTAL"are made for the sole purpose of facilitating bid comparisons and if there are any discrepancies between the unit prices and the total amount shown,the unit prices shall govern. 9. The undersigned agrees to furnish labor,tools,machinery,materials,transportations,equipment and services of all kinds required for,necessary for,or reasonably incidental to,construction of this Project with all appurtenant work as required by the plans and specifications of this Offer for the unit or lump sum prices in the "BID SCHEDULE". 10. In stating prices,it is understood that the prices include all materials and work required to complete the contract in accordance with the plans and specifications. If any material,item or service required by the plans and specifications has not been mentioned specifically in the"BID SCHEDULE",the same shall be furnished and placed with the understanding that the full cost to the City has.been merged with the several prices stated in the "BID SCHEDULE." The Grove EOC Emergency Power Supply System Project No.2019-16 Page 15 of 63 CITY OF \LS H LAN D 11. The foregoing prices shall include all labor,inaterials,equipment,overhead,profit,insurance,and all other incidental expenses to cover the finished work of the several kinds called for. Unit prices are to be shown in both words and figures. In case of discrepancy,the amounts shown in words will govern. 12. The undersigned agrees to comply with the provisions of ORS 279C.800 to 279C.870,the Oregon Prevailing Wage law for proposed bid prices that exceed$50,000. The undersigned,as Bidder,acknowledges that provisions of ORS 279C.800—279C.870 relating to workers on public works to be paid not less than prevailing rate of wage shall be included in the contract,or in the alternative,if the project is to be funded with federal funds and is subject to the Davis-Bacon Act(40 U.S.C. §276a),Bidder agrees to comply with the Davis- Bacon Act requirements. The undersigned Contractor agrees to be bound by and will comply with the provisions of ORS 279C.838,279C.840 or 40 U.S.C.3141 to 3148. [OAR 137-049-0200(1)(a)(J)]. "Prevailing Wage Rates for Public Works Contracts in Oregon,"which are incorporated herein by reference,and can be accessed at: http://www.oregon.gov/boli/WHD/PWR/Pages/nwr state.aspx 13. The undersigned shall furnish bonds required by the specifications and comply with the laws of the Federal Government, State of Oregon and the City of Ashland which are pertinent to construction contracts of this nature even though such laws may not have been quoted or referred to in the specifications. 14. Accompanying this Offer is a certified check,cashier's check or a bid bond,payable to the City of Ashland, Oregon,this being an amount for ten percent(10%)of the total bid based upon the estimate of quantities at the above price according to the conditions of the advertisement. If this Offer is accepted by the City' and the undersigned fails to execute a satisfactory contract and bonds as stated in the Advertisement within ten(10) working days from the date of notification,then the City may,at its option,determine that the undersigned has abandoned the contract and there upon this Offer shall be considered null and void,and the bid security accompanying this Offer shall be forfeited to and become the property of the City of Ashland as liquidated damages for the delay and additional expense to the Owner caused thereby. If the bid is not accepted,the bid security accompanying this Offer shall be returned to the undersigned. ' I 15. The undersigned certifies that the undersigned Contractor is not ineligible to receive a contract for a public work pursuant to ORS 279C.860. Bidder further agrees,if awarded a contract,that every subcontractor will be eligible to receive a contract for a public work pursuant to ORS 279C.860. 16. The undersigned certifies that the undersigned Contractor has not discriminated against minority,women or emerging small businesses enterprises in obtaining any required subcontracts. The Bidder understands and acknowledges that it may be disqualified from bidding on this public improvement project as set forth in OAR 137-049-0370,including but not limited to City discovery a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing the Statute. 17. The undersigned agrees that the time of completion shall be defined in the specifications,and further,the undersigned agrees to initiate and complete this Project by the date stated below. i) The work shall be commenced within ten(10)working days after receipt of the written Notice to Proceed. ii) The work shall be completed in all respects within 60 calendar days following issuance of the Notice to Proceed. - iii)The undersigned agrees that the"Time of Completion"shall be as defined in the specifications and that the Bidder will complete the work within the number of consecutive calendar days stated for each schedule after"Notice to Proceed"has been issued by the Owner. Bidder furthermore agrees to pay as The Grove EOC Emergency Power Supply System Project No.2019-16 Page 16 of 63 CITY OF ASHLAND liquidated damages,for each calendar day thereafter,the amounts shown in Standard Conditions,for each day the project remains incomplete. 18. The undersigned Bidder is registered with the Oregon Construction Contractors Board(CCB),the registration is current and valid,and the Bidder's registration number is stated below. [OAR 137-049-0230(1)] Bidder understands that failure to have a current CCB license shall result in rejection of this bid. 19. The undersigned Bidder is licensed by the State Landscape Contractors Board,if applicable,the license is current and valid,and the Bidder's registration number is stated below. [OAR 137-049-0200(1)(a)(K)] Bidder understands that failure to have a current LCB license shall result in rejection of this bid. 20. In determining the lowest responsible Bidder,City shall,for the purpose of awarding the contract,add a percent increase on the bid of a non-resident Bidder equal to the percent,if any,of the preference given to that Bidder in the state in which the Bidder resides. "Resident Bidder" of Oregon means a Bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid,has a business address in this state and has stated in the bid that the Bidder is a"resident Bidder" of the State of Oregon.The undersigned represents him/her self in this bid to be either a Resident or a Non resident Bidder by completing the appropriate blank below. The Bidder is V 'EI or is not t:_ y ]a resident Bidder as defined in ORS 279A.120. 21. The undersigned hereby represents that no Councilor,Commissioner,officer,agency or employee of the City of Ashland is personally interested directly or indirectly in this Contract or the compensation to be paid hereunder and that no representation,statement or statements,oral or in Writing,of the City,its Councilors, Commissioners,officers,agents or employees had induced him/her to enter into this Contract,and the papers made a part of its terms; 22. The undersigned has not directly or indirectly induced or solicited any person to submit a false or sham bid or refrain from bidding. The undersigned certifies that this bid has been arrived at independently and submitted without connection with any person,firm or corporation making a bid for the same material and is,in all respects, fair and without collusion or fraud. 23. The undersigned confirms that this firm has a Qualified Drug Testing Program for employees in place and will demonstrate this prior to award of contract. [OAR 137-049-0200(1)(c)(B)] 24. The undersigned confirms that if this contract involves asbestos abatement or removal,the Bidder is licensed under ORS 468A.710 for asbestos removal. Asbestos abatement is not implicated in this contract. 25. The City of Ashland may waive minor informalities,reject any bid not in compliance with all prescribed public bidding procedures and requirements,and may reject for good cause any or all bids upon a finding that it is in the public interest to do so. 26. The undersigned confirms that this offer is not contingent upon City's acceptance of any terms and conditions other than those contained in the Solicitation and Contract documents. • 27. The Bidder understands that the City reserves the right to make changes to the Notice to Contractors/ Invitation to Bid and the resulting contract by written addenda,prior to the closing time and date. The City will transmit addenda to registered plan holders but shall publish notice of any addenda on the ORPIN website. The Bidder must check the website frequently until closing. The Grove EOC Emergency Power Supply System Project No.2019-16 Page 17 of 63 CITY OF ASH LAN D The Bidder acknowledges that the Addendum(s)listed below have been reviewed online or a copy obtained and considered as part of the submittal of this Offer and Bid Schedule. ADDENDUM NUMBER MITHROUGH gig HAVE BEEN REVIEWED 28. The Bidder understands that the City will be awarding the contract to the Responsible Bidder with the lowest Responsive Bid. OAR 137-049-0200(1)(b)(C). Whether a Bidder is responsible will be determined by ORS 279C.375 and the City's completion of the attached Bidder Responsibility Determination Fonn. 29. A First-Tier Subcontractor Disclosure Form is enclosed and must be filled out by the Bidder for the disclosure of information about certain first-tier subcontractors,in accordance with the"Instructions to Bidders" 30. Bidder Information and Signature Infinity Electrical Contractors, Inc. Finn Name of Bidder Signature of Authorized Representative Martin I Daniels, Jr. Printed Name of Authorized Representative President Official Title 204638 Oregon CCB Number State of Incorporation • Dated this 5th day of May ,20 20. The Grove EOC Emergency Power Supply System Project No.2019-16 Page 18 of 63 • y CITY OF ASHLAND BID SCHEDULE Base Bid ******Each Bid Item described below is summarized in Division 18 of Technical Specifications****** No. Description QTY Unit Unit Price Item Total 1. Mobilize,Demobilize Site 1 LS $ 11,000.00 $ 11,000.00 Preparation,and Cleanup 2. Site Work 1 LS $ 7,800.00 $ 7,800.00 3. Structural 1 LS $ 9,800.00 $ 9,800.00 4. Electrical 1 LS $ 97,000.00 $ 97,000.00 Total(Amount in Figures): $ 125,600.00 Total(Amount in Words): One Hundred Twenty Five Thousand Six Hundred Dollars and No/100 Amount shall be shown in both words and figures. In case of discrepancy,the amount shown in words shall govern. Martin L. Daniels, Jr. Printed Name of Authorized Representative 5/5/20 Signature of Authorized Representative Date II The Grove EOC Emergency Power Supply System Project No.2019-16 Page 19 of 63 CITY OF ASHLAND • BID BOND We, Infinity Electrical Contractors,Inc. ,as"PRINCIPAL,"and, We, Granite Re,Inc. ,a corporation or partnership duly organized under the laws of the State of Minnesota , and authorized to transact business in the State of Oregon,as "SURETY," hereby jointly and severally bind ourselves,our respective heirs,executors,administrators,successors and assigns firmly by these presents to pay unto the City of Ashland,Oregon,(OBLIGEE)the sum of Ten Percent of Bid Amount Dollars($ 10% ), The condition of the obligation of this bond,is that the PRINCIPAL herein has in response to City's Notice to Contractors and Invitation to Bid,submitted its Offer for THE GROVE EMERGENCY POWER SUPPLY SYSTEM,No.2019-16,which Offer is incorporated herein and made a part hereof by this reference,and Principal is required to furnish bid security in an amount equal to ten(10%)percent of the total amount of the bid pursuant to ORS 279C.365 and the City's public contracting rules and contract documents. NOW THEREFORE,if the Offer,submitted by PRINCIPAL,is accepted,and if the Contract pursuant to the Offer is awarded to the PRINCIPAL,and if the PRINCIPAL executes such contract and furnishes such good and sufficient Performance and Payment Bonds as required by the Bidding and Contract documents within the time specified and fixed by the Documents,then this obligation shall be void;otherwise it shall remain in full force and effect. If the PRINCIPAL shall fail to execute the proposed Contract and to furnish the Performance and Payment Bonds,the SURETY hereby agrees to pay the OBLIGEE the surety bond sum as liquidated damages within ten (10)days of such failure. IN WITNESS WHEREOF,we have caused this instrument to be executed and sealed by our duly authorized legal representatives this 5th day of May ,20 20 • PRINCIPAL: Infinity El tri al Contractors,Inc. SURETY: Granite Re,Inc.. By: BY ATTORNEY-IN-FACT: is Signature [Power-of-Attorney must accompany bond] Pre de Jl Kenneth D.Whittington • Official Capacity Name Attest: 4 -�. � - Corporation Secretary - 'Sig re' 14001 Ouailbrook Drive Address Oklahoma City OK 73134 City State Zip 405-752-2600 405-749-6800 Phone Fax • IMPORTANT—Surety companies executing BONDS must appear on the Treasury Department's most current Circular 570 and be authorized to transact business in the State of Oregon. The Grove EOC Emergency Power Supply System Project No.2019-16 Page 20 of 63 • CITY OF ASHLAND CITY OF ASHLAND STANDARD PUBLIC IMPROVEMENT CONTRACT FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM per ORS 279C.370 and OAR 137-049-360 Project Name: The Grove EOC Emergency Power Supply System Project No.: 2019-16 Bid Opening Date: 5/5/20 Bidder Name: Infinity Electrical Contractors, Inc. ❑ Check this box if you will not be using any first-tier subcontractors or if you are not subject to the disclosure requirements(see instructions to bidders) Firm Name: Dollar Amount:, Britanica Excavation $13,702.00 Category of Work: Excavation&Concrete Finn Name: Dollar Amount: Category of Work: Firm Name: Dollar Amount: Category of Work: Firm Name: Dollar Amount: Category of Work: Firm Name: Dollar Amount: Category of Work: Firm Name: Dollar Amount: Category of Work: (Attach additional sheets as necessary) The Grove EOC Emergency Power Supply System Project No.2019-16 Page 21 of 63 Y - � CITY OF ASHLAND - ENGINEERING DIVISION SUMMARY OF PROPOSALS Project: The Grove EOC Emergency Power Supply System Engineer's Estimate: $174,000 Project No.:201946 No of Addenda: 2 Date of Bid Opening: May 5,2020 at 2:00 PM 1 2 3 Name of Bidder& Dave Dobrin Construction Kunert Electric Infinity Electrical Address 4351 Pioneer Rd,Medford, PO Box 1729•Roseburg,OR PO Box 257 White City,OR (address can be filled out OR 97501 97470 97503 later) • Sum of Bid $128,520 $152,283 $125,600 Are bid items balanced TBD as needed TBD as needed Yes—see next page and correctly summed? First Tier Subcontractor Yes Yes Yes List by 4:00 PM? Name of Bonding Co. RLI Insurance Co. Markel Insurance Co. Granite Re,Inc. Amount of Bid Bond. 10% 10% - 10% Nos.of Addenda 2 2 2 Acknowledged (should be 2) Completed&Signed Bid Yes Yes . Yes Form G:\pub-wrks\eng\2019 Project Year\2019-16 Grove EOC Generator Set\01.•Admin\03.Construction Solicitation\06.Bids\Bid Summary and Findings The Grove EOC EPSS Proj 2019-16.docx Bid Balance Analysis for Infinity Electric Bid Item %o of Total,Engineer's Estimate % of Total,Apparent Low Bid Mobilize, etc 9.5% 8.8% Site Work 7.9% 6.2% Structural 7.9% 7.8% Electrical 74.8% 77.2% City of Ashland Findings: The percentages of total bid for each of the four bid items are sufficiently similar between the Engineer's Estimate and the Apparent Low Bidder's prices. The City is satisfied that Infinity Electric has submitted a balanced bid. All bid submittals have been met by Infinity Electric. The City'is reasonably satisfied that Infinity Electric has submitted the lowest responsive bid. • • • • • G:\pub-wrks\eng\2019 Project Year\2019-16 Grove EOC Generator Set\01.Admin\03.Construction Solicitation\06.Bids\Bid Summary and Findings_The Grove EOC EPSS_Proj 2019-16.docx x � 1 Kaylea Kathol From: Chris Roberts <croberts@rh2.com> Sent: Tuesday, May 05,2020 5:14 PM To: Kaylea Kathol Cc: Michael Morrison;Scott Fleury;Wes Hoadley Subject: RE: Bid Results-The Grove EOC Emergency Power Supply System Attachments: Bid Tabulation -The Grove EOC Emergency Power Supply.pdf [EXTERNAL SENDER] Kaylea, Our internal bid tabulation spreadsheet is attached for the City's use. I agree with your finding's that the bids were responsive and recommend approving Infinity Electrics low bid. I did find an error in the total amount listed on Dave Dobrin.Constructio'n's bid, but it does not affect the results. I calculate$127,800 instead of the$128,520 that they • wrote down. Thank you, Chris Roberts I RH2 Engineering,Inc. 0:425.951.5358 C:206.437.2878 From: Kaylea Kathol<kaylea.kathol@ashland.or.us> . Sent:Tuesday, May 5,2020 3:12 PM To:Chris Roberts<croberts@rh2.com> Cc: Michael Morrison<michael.morrison@ashland.or.us>;scott.fleury@ashland.or.us;Wes Hoadley <wes.hoadley@ashlarid.or.us> Subject: Bid Results-The Grove EOC Emergency Power Supply System Chris, Attached is my bid summary and findings. Three bids werereceived, and Infinity Electric appears to have submitted the lowest responsive bid at$125,600. I will send out the bid summary to the contractors, and will wait for your feedback before I submit Notice of Intent. Kaylea Kathol, PMP Project Manager, City of Ashland Public Works 20 E Main St,Ashland OR 97520 C: (541) 331-1144 I 0: (541)552-2419 NOTICE:This email transmission is official business of the City of Ashland,and is subject to the Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at 541-552-2419. Thank you. 1 • City of Ashland - ' The Grove EOC Emergency Power Supply System ,App_renr.Lott' Other Bidden Bid Tabulation ' Date: 5/5/202:00 PM Engineers Estimate infinity Electric Dave.Dobrin Construction cunert Electric Item Description Units quantity Unit Price Extended Unit Price I Extended. Unit Price Extended Unit Price Eutended ElMobilization,Demobilization,Site Preparation,and Cleanup © 1 $ 15,000.00 $ 15,000.00 $ 11,000.00 $ 11,000.00. $ 6,200.00 $ 0,200.00 $ 15,000.00 $ 15,000.00 Site work © 1 $ 12,500.00 $ 12,500.00 $ 7,800.00 $ 7,800.00 $ 11,000.00 $ 11,000.00 S 14,500.00 $ 14,500.00 ©structural 1 $ 12,500.00 $ 12,500.00 $ 9,800.00 $ 9,800.00 5 23,800.00 $ 23,800.00 $ 13,840.00 $ 13,840.00 Electrical 1 $ 118,125.00 $ 118,125.00 $ 97,000.00 $ 97,000.00 $ 00,800.00 $ 80,800.00 5 108,943.00 $ 108,943.00 TOTAL(ITEMS 1 TO 4) $ 158,125.00 -20.6%$ 125,600.00 -19.2%$ 127,800.00 -3.7% $ 152,283.00 • • rnnmamrw