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Item 02 Bid Award for Project P21181 Janus St and Osage St
AGENDA ITEM SUMMARY Meeting Date: 1/17/2023 Meeting Type: Regular Meeting Staff Contact/Dept.: Amanda Clinton, DPW Staff Phone No: 541-726-3628 Estimated Time: Consent Calendar SPRINGFIELD Council Goals: Maintain and Improve CITY COUNCIL Infrastructure and Facilities ITEM TITLE: BID AWARD FOR PROJECT P21181; S 37TH, S 38TH, JANUS ST AND OSAGE ST SEWER EXTENSION. ACTION Approve or reject the following motion: REQUESTED: TO AWARD THE SUBJECT CONTACT TO H & J CONSTRUCTION FOR THE AMOUNT OF $1,094,076.00. ISSUE STATEMENT: Three bids were received for this Sewer construction project. Contract award is now necessary to enable work to proceed ATTACHMENTS: 1. Bid Summary 2. Contract Packet - Stamped by CMO 3. Map of project locations DISCUSSION/ FINANCIAL The Project consists of furnishing all labor, equipment, materials and supervision IMPACT: for sanitary sewer construction of approximately 2652 lineal feet of 8 -inch diameter PVC pipe, along with associated manholes, service laterals, cleanouts, pavement restoration, and slurry seal. Work will take place at four separate locations. The following bids were received and opened on December 9t1i, 2022. Engineers Estimate: $962,285.00 H & J Construction $1,094,076.00 Riverbend $1,748,323.00 Wildish $1,390,743.00 H & J Construction is the low bidder on this project. Funding will be provided from the Sanitary Sewer funds. SPRINGFIELD t�,OREGON SUMMARY OF BID SUBMITTALS PROJECT. S 37th, S38th, Janus St, and Osage St Sewer Extension PROJECT #: P21181 11 Citv's Notice of Intent to Award as required by ORS 279C.375 11 It is the policy of the City of Springfield to award Contracts to the Responsible Bidder submitting the lowest Responsive Bid. The City of Springfield reserves its right to reject any or all bids not in compliance with all prescribed public bidding procedures and requirements, waive minor irregularities no, affecting substantial rights, and may reject for good cause any or all bids upon a finding of the City of Springfield that it is in the best public interest to do so, and accept such bids that in the opinion of the Springfield City Council are in the best interest of the City of Springfield. Please be informed that the City intends to award a contract to the Bidder so designated. Lowest Responsive Bidder: H & J CONSTRUCTION Attachment 1 Page 1 of 1 ENGINEER'S ENGINEER'S H & J CONSTRUCTION RIVERBEND WILDISH ITEM APPROX. UNIT PRICE EXTENDED UNIT EXTENDED EXTENDED NO. ITEM DESCRIPTION SPECIFICATIONS UNIT QUANTITY ESTIMATE PRICE ESTIMATE UNIT PRICE EXTENDED PRICE I UNIT PRICE PRICE UNIT PRICE I PRICE 1 Mobilization 00210.90 LS 1 $ 100,000.00 $100,000 $ 160,000.00 $ 160,000.00 $ 170,000.00 $ 170,000.00 $ 135,000.00 $ 135,000.00 2 Temporary Work Zone Traffic Control - Complete 00221.98 LS 1 $ 20,000.00 $20,000 $ 10,000.00 $ 10,000.00 $ 60,000.00 $ 60,000.00 $ 26,000.00 $ 26,000.00 3 Erosion Control 00280.90(a) LS 1 $ 5,000.00 $5,000 $ 3,000.00 $ 3,000.00 $ 12,000.00 $ 12,000.00 $ 15,000.00 $ 15,000.00 4 Mainline Video Inspection 00415.90(a) LF 2652 $ 3.00 $7,956 $ 4.00 $ 10,608.00 $ 4.00 $ 10,608.00 $ 4.00 $ 10,608.00 5 Controlled Low -Strength Material (CLSM) 00442.90(a) CY 730 $ 125.00 $91,250 $ 200.00 $ 146,000.00 $ 166.00 $ 121,180.00 $ 250.00 $ 182,500.00 6 6 -inch ASTM D3034 SDR 35 PVC Sanitary Sewer Pipe 00445.91(b.1) LF 1157 $ 125.00 $144,625 $ 68.00 $ 78,676.00 $ 300.00 $ 347,100.00 $ 145.00 $ 167,765.00 7 8 -inch ASTM D3034 SDR 35 PVC Sanitary Sewer Pipe 00445.91(b.2) LF 2652 $ 150.00 $397,800 $ 150.00 $ 397,800.00 $ 260.00 $ 689,520.00 $ 176.00 $ 466,752.00 8 6 -inch x 8 -inch x 8 -inch ASTM D3034 SDR 35 PVC Tee 00445.91(c) EA 37 $ 300.00 $11,100 $ 150.00 $ 5,550.00 $ 1,000.00 $ 37,000.00 $ 232.00 $ 8,584.00 9 Pipe Wyes, 6 -inch 00445.91(d) EA 9 $ 100.00 $900 $ 200.00 $ 1,800.00 $ 1,000.00 $ 9,000.00 $ 91.00 $ 819.00 10 Two Way 6 -inch Lateral Cleanout, Box and Cover -Complete in Plara 00445.91(m) EA 37 $ 500.00 $18,500 $ 675.00 $ 24,975.00 $ 1,100.00 $ 40,700.00 $ 1,300.00 $ 48,100.00 11 Concrete Sanitary Sewer Manholes 00470.90(a) EA 16 $ 5,000.00 $80,000 $ 5,075.00 $ 81,200.00 $ 8,500.00 $ 136,000.00 $ 11,000.00 $ 176,000.00 12 Slurry Seal, Type II 00706.90(a) SY 9,390 $ 1.60 $15,024 $ 5.30 $ 49,767.00 $ 4.50 $ 42,255.00 $ 5.50 $ 51,645.00 13 Level 2, %-inch Dense Asphalt Concrete Pavement (ACP) 00744.90(a) TON 398 $ 175.00 $69,650 $ 310.00 $ 123,380.00 $ 180.00 $ 71,640.00 $ 255.00 $ 101,490.00 14 Pavement Bar, Type B Preformed, Fused Thermoplastic Film 00860.90(a) SF 24 $ 20.00 $480 $ 55.00 $ 1,320.00 $ 55.00 $ 1,320.00 $ 20.00 $ 480.00 PROJECT BID ITEM -TOTAL $962,285.00 $ 1,094,076.00 $ 1,748,323.00 $ 1,390,743.00 Percent Over or Under Engineer's Estimate 13.70 % 81,68% 44.53 Attachment 1 Page 1 of 1 CITY OF SPRINGFIELD PUBLIC IMPROVEMENT CONTRACT FOR USE WITH OREGON STANDARD SPECIFICATIONS FOR CONSTRUCTION PROJECT #P21181 Dated: December 6, 2022 Parties: City of Springfield "CITY" A Municipal Corporation of the State of Oregon 225 Th Street Springfield, OR 97477 and H & J Construction, Inc. "Contractor" Additional Contractor Information: a) Type of Entity: ❑ Sole Proprietorship ❑ Partnership ❑ Limited Liability Comp ® Corporation b) Address: P.O. Box 2432, Eugene, OR 97402 c) Telephone: 541-521-8048 d) Email: hjconst@msn.com e) If Applicable, Listed among the Parties Excluded from Federal Procurement or Non - Procurement Programs found at: https://www.sam.gov/portal/public/SAM/: ❑Yes ❑ No City Account Number(s) To Be Charged (Include Percentages): Account Number Percentage 611-07600-8800-800008-P21181 100% RECITALS Contractor was the successful bidder for the contract for the construction of the public improvement project described in the plans and specifications for the project that were included in the bid documents and the 2021 Oregon Standard Specifications for Construction, issued by the Oregon Department of Transportation, as modified by the City's Amendments to the Specifications for the Project and any other Supplemental Specifications and Special Provisions included in the Bid Documents (all specifications, plans, Standard Drawings, Supplemental Specifications and Special Provisions included in the Contract are collectively referred to herein as the "Specifications' which form a part of the Contract. (00026318:1) Attachment 2 Page 1 of 74 REV JAN 2022 AGREEMENT 1. The Contract. The Contract between the City and Contractor (the "Contract') includes this Document and its exhibits, together with all of the documents and materials included in the definition of the "Contract Documents" in 00110.20 of the Specifications. In addition, the Contract between the City and Contractor shall be deemed to incorporate all reports, records, laws, rules and orders referenced in the Contract documents. This Document includes and incorporates the following Exhibits: Exhibit A - Solicitation Documents. 2. Definitions. Unless otherwise specifically defined in this Document, all capitalized terms which are not proper nouns shall have the meanings assigned thereto in the Specifications. 3. Project. The project is generally described as: The proposed work consists of furnishing all labor, equipment, materials, and supervision for sanitary sewer construction of approximately 2652 lineal feet of 8 -inch diameter PVC pipe, along with associated manholes, service laterals, cleanouts, & pavement restoration and slurry seal. Work will take place at four separate locations for this project. 4. Work to be Performed. Contractor agrees to furnish all services, labor, materials and equipment for and to construct the improvement listed above (the "Project'D, according to the Bid Documents ("the Work'D and according to the provisions of the Contract. All parts of the Work are the sole responsibility of Contractor. S. Time of Commencement and Completion. Time is of the Essence of the Contract. The time in which Contractor shall commence, prosecute and complete the Work is described in Section 00180 of the Section 100 Specifications. 1. All work performed under this Bid shall be completed by August 21St, 2023, with the following conditions: a. Pipe work and temporary trench restoration shall be completed by February 211t, 2023. Final surface pavement restoration work shall be completed by August 21St, 2023. 2. South 37th Street a. No work shall be performed before June 19th, 2023. 6. Contract Amount. The Contract Amount is $1,094,076.00 and consists of unit prices bid by Contractor multiplied by estimated quantities, together with lump sum amounts for portions of the Work, as described on Contractor's Bid attached hereto. The actual sum payable to Contractor for the Work shall be based on lump sum amounts and actual quantities, as modified by Change Orders and adjustments made in accordance with the Specifications. Payment will be made as provided in the Specifications. {00026318:11 REV JAN 2022 Attachment 2 Page 2 of 74 7. Indemnification and Hold Harmless. To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel approved by City) and hold harmless the parties as described in 00170.72 of the Specifications. 8. Insurance. Contractor shall maintain in force for the duration of the Contract the insurance coverages specified in 00170.70 of the Specifications. Each policy required by these provisions shall be written as a primary policy, not contributing with or in excess of any coverage which City may carry. Unless otherwise specified, each policy shall be written on an "occurrence" form with an admitted insurance carrier licensed to do business in the state of Oregon. In the event the statutory limit of liability of a public body for claims arising out of a single accident or occurrence is increased above the combined single limit coverage requirements specified below, City shall have the right to require Contractor to increase Contractor's coverages by the amount of the statutory limit increase for such claims and to increase the aggregate coverage by an amount that is twice as large as the statutory increase. The adequacy of all insurance required under the Contract shall be subject to approval by City's Risk Manager. Failure to maintain any insurance coverage required by the Contract shall be cause for immediate termination of the Contract by City. 8.1.Evidence of Insurance Coverage. Evidence of the required insurance coverages issued by an insurance company satisfactory to the City shall be provided to the City by way of a City approved certificate of insurance before any work or services commence. 8.2. Notice of Cancellation or Material Change in Coverage. The certificate of insurance shall contain a requirement that the Insurance company notify the City 30 days prior to any cancellation or material change in coverage. If the approved insurance company will not provide this 30 day notice, the Contractor shall provide written notice to the City contract manager within two days after the Contractor becomes aware that their coverage has been canceled or has been materially changed. The Contractor shall either fax 541-726-3782 said notice or email it'directly to City Finance Department at purchasing@springfield-or.gov. Regardless of what circumstances cause Contractor's insurance coverage to cease or be modified, it is the Contractor's responsibility to notify the City. Failure to maintain proper insurance or provide notice of cancellation or modification shall be grounds for immediate termination of this contract. 9. Performance and Payment Bonds. Prior to the commencement of the Work, Contractor shall provide good and sufficient performance and payment bonds as described in 00130.40 of the Specifications for approval by City and in the form of the bonds included in the Solicitation Documents. 10.Termination and Suspension. City may terminate the Contract or suspend the Work at any time as provided in 00180 of the Specifications. 11. Nonresident Contractors. 11.1. When a public contract is awarded to a nonresident bidder and the contract price exceeds $10,000, the bidder shall promptly report to the Department of Revenue on forms to be provided by the department the total contract price, terms of payment, _00026318:1; REV JAN 2022 Attachment 2 Page 3 of 74 length of contract and such other information as the department may require before the bidder may receive final payment on the public contract. The contracting agency shall satisfy itself that the requirement of this subsection has been complied with before the contracting agency issues a final payment on a public contract. 11.2. As used in this paragraph, "nonresident contractor" means a contractor that: (A) has not paid unemployment taxes or income taxes in the state of Oregon during the 12 calendar months immediately preceding submission of the bid for the contract, (B) does not have a business address in this state and (C) stated in the bid for the contract that it was not a "resident bidder" under ORS 279A.120. 12.Default; Remedies. Upon Contractor's default or if in the public interest, City may terminate the Contract and take all other remedial actions available to City, as further specified in the 00180.90 of the Specifications. Without limiting the City's right to disqualify Contractor pursuant to ORS279C.440, if Contractor willfully violates any of the provisions of sections EC 4.615 to 4.650 of The Eugene Code, 1971 or any of the provisions of State law or City's administrative rules governing public contracts, or if Contractor knowingly files false affidavits or certificates of compliance required under the Contract, Contractor shall waive for a period of one year any right to bid upon any public improvement project let by City. City's claims for damages and any other equitable relief available to City resulting from Contractor's breach shall survive a termination of the Contract. 13. Liquidated Damages. In the event the Work is not completed within the contract time as specified in the Contract, Contractor shall pay to City liquidated damages, as further specified in 00180.85 of the Specifications. 14. Notices. Any written notices permitted or required by the Contract shall be delivered according to 00150.30 of the Specifications to the attention of the representatives of the parties set for below, or such other address and/or numbers as either party may provide to the other by notice given in accordance with this provision. Contractor: H & I Construction, Inc. P.O. Box 2432, Eugene, OR 97402 City: Amanda Clinton, Contracts Analyst, aclinton springfield-or.gov 15.Contract Documents; Interpretation. Where possible, all parts of the Contract shall be interpreted in a manner that avoids conflict between the various documents and their provisions. In the event that any provision of this Document conflicts with any provision of the Specifications, the discrepancy will be resolved in the order of precedence in 00150.10 of the Specifications. 16.Dispute Resolution. All disagreements, protests, and claims relating to the Contract, including claims for additional compensation and time for performance and completion of the Work, must be resolved according to section 00199 of the Specifications. 17.Venue & Choice of Law. The Contract shall be governed by and interpreted in accordance with the laws of the State of Oregon without regard to principles of conflict of laws. If federal funding is included in the Contract, applicable Federal requirements govern in the event of conflicts among Federal, State and local laws. Any dispute ;00026318:1: REV JAN 2022 Attachment 2 Page 4 of 74 between the Agency and the Contractor that arises from or relates to this Contract and is not resolved under the provisions of 00199 of the Specifications, shall be brought in the forum described in 00170.00. 18.Force Majeure. If Contractor is delayed by reason of weather, fire, riot, strikes, acts of God or other circumstances beyond Contractor's reasonable control, City may terminate this Agreement in writing to Contractor after determining such delay or default will unreasonably prevent successful performance of the Contract. If City elects not to terminate the Contract, Contractor will be entitled to additional time to complete the Contract equal to that lost by an or all of the above causes. 19.Severability. If any provision of this Agreement is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions will not be affected; the rights and obligations of the parties will be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. 20.Waiver. Failure of City to enforce any provision of this Agreement shall not constitute a waiver or relinquishment by City of the right to such performance in the future nor of the right to enforce any other provision of this Agreement. 21.Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever, without prior written approval of City. No modification of this Agreement shall bind either party unless reduced to writing and subscribed by both parties, or ordered by a Court. 22.Assignment/Subcontract. Contractor shall not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this Agreement, in whole or in part, without the prior written approval of City. No such written approval shall relieve Contractor of any obligations of this Agreement, and any transferee or subcontractor shall be considered the agent of Contractor. Contractor shall remain liable as between the original parties to this Agreement as if no such assignment had occurred. 23.Compliance with All Government Regulations. Contractor shall comply with all Federal, State and local laws, codes, regulations and ordinances applicable to the work performed under this Agreement. Failure to comply with such requirements shall constitute a breach of contract and shall be grounds for termination of this Agreement. Damages or costs resulting from noncompliance shall be the sole responsibility of Contractor. This section includes, but is not limited to, compliance with all applicable requirements of Federal and State civil rights statutes, rules, and regulations, and all applicable provisions of the Americans with Disabilities Act of 1990, 42 USC Section 12101 et seq. and Section 504 of the Rehabilitation Act of 1973. 24.Construction of Agreement. This Contract shall not be construed more favorably to City due to the preparation of this Contract by City. The headings and subheadings in this Contract are for convenience, do not form a part of this Contract, and shall not be used in construing this Contract. 25.Entire Agreement. This Agreement signed by both parties is the parties' final and entire Agreement and supersedes all prior and contemporaneous oral or written communications between the parties, their agents and representatives. There are no 00026318:1'. REV JAN 2022 Attachment 2 Page 5 of 74 representations, promises, terms, conditions or obligations other than those contained herein. 26.Third Party Beneficiaries. The parties to the Contract do not intend to confer on any third party any rights under the Contract, except as otherwise described in 00170.79 of the Specifications. All Subcontractors are third parties. 27.Survival. Any obligation arising under the Contract which is not, or cannot be performed or paid prior to the expiration or termination of the Contract, including, but not limited to, all provisions concerning the quality of the Work, warranties and obligations for payment, indemnification, and reimbursement, shall survive termination or expiration of the Contract. CITY OF SPRINGFIELD: By: Name: Title: Date: REVIEWED & APPROVED AS TO FORM KrGstwxa Kr-aad- DATE' SPRINGFIELD CITY ATTORNEY'S OFFICE 00026318:1 CONTRACTOR: By: Name: Title: Date: `XUt W 21)22 Attachment 2 Page 6 of 74 REV JAN 2022 City of Springfield Public Contract Addendum Required Contract Terms Under ORS 2798 — Goods, Services, and Personal Services Pursuant to Oregon law, this public contract includes the following terms and conditions, when applicable: 1. The contractor must 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 279B.220(1). 2. The contractor must pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of the contract. ORS 279B.220(2). 3. That contractor must not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished. ORS 279B.220(3). 4. The contractor must pay to the Department of Revenue all sums withheld from employees under ORS 316.167. ORS 279B.220(4). 5. If the agreement is for lawn and landscape maintenance, Contractor must salvage, recycle, compost or mulch yard waste material at an approved site, if feasible and cost-effective. ORS 2796.225. 6. The contractor must 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. All employers shall comply with ORS 656.017. ORS 279B.230. 7. A person may not 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 designated under ORS 279A.055, the employee shall be paid at least time and a half pay: a. For all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive days; or b. 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 c. For all work performed on Saturday and on any legal holiday specified in ORS 2796.020. 8. An employer must give notice in writing to employees who work on a public contract, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. ORS 279B.235(1)-(2). 9. If the agreement is for personal services, the contract shall contain a provision that the employee shall be paid at least time and a half for all overtime worked in excess of 40 hours in any one week, except for individuals under personal services contracts who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201-209 from receiving overtime. ORS 279B.235(3). 10. If the contract is for services, persons employed under contracts shall receive at least time and half pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279B.020(1)(b)(B)-(G) and for all time worked in excess of 10 hours in any one day or in excess of 40 hours in any one week, whichever is greater. Contractor shall give notice in writing to employees who work on a contract for services, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number hours per day and days per week that the employees may be required to work. ORS 279B.235(5). Attachment 2 Page 7 of 74 (00026318:1) SPRINGFIELD V- - - odi40H; City of Springfield 225 Fifth Street Springfield, OR 97477 Construction Bid Submittal Project No. P21181 Project Title: Osage Street, South 37th Street, South 38th Street, ]anus Street Sanitary Sewer Extensions Bid Items: Item No. Description Payment Specification Number Approx. Quantity Total Price Per Unit Price Extension 1 Mobilization 00210.90 1 Ls U►DNO-0 11v0. 00D,°O 2 Temporary Work Zone Traffic Control - Complete 00221.98(b) 1 LS ID ppp °s• 10,000-09 3 Erosion Control 00280.90(a) 1 LS ppp, ODO, no 4 Mainline Video Inspection 00415.90(a) 2652 LF q.0Q,p (p00. 0 5 Controlled Low -Strength Materials 00442.90(a) 730 CY X00.19 I a (0 Opp, 00 6 6 -inch ASTM D3034 SDR 35 PVC Sanitary Sewer Pipe 00445.91(b.1) 1157 LF 7 8 -inch ASTM D3034 SDR 35 PVC Sanitary Sewer Pipe 00445.91(b.2) 2652 LF 150AIll.00 8 6 -inch x 8 -inch x 8 -inch ASTM D3034 SDR 35 PVC Tee 00445.91(c) 37 EA 150. U , 9 Pipe Wyes, 6 -inch 00445.91(d) 9 EA 2&9 ( 1 SOD. 00 10 Two Way 6 -inch Lateral Cleanout, Box and Cover, Complete in Place 00445.91(m) 37 EA S3 2q1 0116 11 Concrete Sanitary Sewer Manholes 00470.90(a) 16 EA 6,0-r_,02 S1 7M OR 12 Slurry Seal, Type II 00706.90(b) 9,390 SY ,X (D Co, 13 Level 2, 1/2 -inch Dense Asphalt Concrete Pavement (ACP) 00744.90(a) 398 TON 3(Q� 123 3$0. of 14 Pavement Bar, Type B -HS Preformed, Fused Thermoplastic Film: White 12 -inch 00867.90(r) 24 SF �j,,� 2 Oe 1, n0. 1 Terms, Declarations, and Bid Submittal Bidder's Understandin Bidders shall determine for themselves all the conditions and circumstances affecting the projected cost of the proposed work by personal examination of the site, Contract documents, and by such other means, they may deem to be necessary. It is understood and agreed that in the event the City has obtained information from data at hand regarding underground or other conditions or obstructions depicted in the Contract documents, there is no expressed or implied agreement that such conditions are fully or correctly shown, and the Bidder must take into consideration the possibility that conditions affecting the cost or quantity of work may differ from those indicated. The Bidder is familiar with and is satisfied with all federal, state and local laws and regulations that may affect the cost, progress, and performance of the work. Bid The undersigned Bidder, having examined the Specifications and Contractual Documents and having satisfied themselves as to all conditions to be encountered, hereby proposes to furnish all labor, material, and ITB4 — BIL Rev 10/28/2022 Attachment 2 Page 8 of 74 Exhibit A - 1 of 67 Page 1 of 8 equipment and perform all work necessary to complete Project P21181 in accordance with this Bid, the Contract Plans, Section 100 of the City of Springfield Standard Construction Specifications, 2021 Edition and all subsequent modifications, Parts 00200 through 03000 of the 2021 Oregon Standard Specifications for Construction, the Special Provisions, and all other Contractual Documents at the prices and on the terms herein contained. The unit price Bids are submitted with the understanding that the quantities stated are approximate and are given only as the basis of calculation for comparison of Bids and determining that the unit prices are balanced and that final payment for all unit price items will be based on actual quantities. It is understood that in the instance of a discrepancy between the unit price and the extension (total price extension) the unit price shall govern. The extension shall be determined by multiplying the unit price by the number of units (approximate quantity). Bid Guarantee As required by ORS 279C.365(5) each Bid shall be accompanied by a Bid Bond, cash, or a certified or cashier's check written upon a bank in good standing and in a form acceptable to the City, payable to the Finance Director of the City of Springfield, Oregon, in an amount equal to at least 10 percent of the total amount of the Bid. Bid Bonds shall be issued by a surety company registered to issue bonds in the State of Oregon, and utilizing a bond form acceptable to the City. The City will accept AIA Document A310-2010. The Bid Bond may not be altered. Such Bid Guarantee shall be forfeited and become the property of the City in case the Bidder shall fail or neglect to furnish a satisfactory Performance and/or Payment Bond issued by a viable bond company acceptable to the City as required by ORS 279C.380 and to execute the Contract within ten (10) days (Saturday, Sunday, and holidays excepted) after receiving Contract from the City for execution. For information regarding Performance and Payment Bond requirements see City of Springfield Contract document, Section 5. City Bonding. Bid Acceatance Period This Bid will remain subject to acceptance for a period of 60 days after the bid opening, or for such longer period of time that the Bidder may agree to in writing upon request of the City. Contract Award Bids will be accepted and awarded in accordance with Oregon Public Contracting Law and Section 130.10 of the City's most recent version of the Standard Construction Specifications. This Bid includes work at four different project locations. The four locations are as follows: Osage Street, Janus Street, South 37th Street, and South 38th Street. The lowest responsive Bidder shall be determined based on the Bidder who submits the lowest responsive total Bid for the two Project Locations combined. However, should the City determine it is not in the best interest of the City to award a contract for the two Project Locations the Bid shall be awarded to the Bidder who submits the lowest responsive combined total Bid for the Project Locations the City determines will be awarded. Prior to awarding the Contract, the City may, at its sole discretion, require Contractors and/or Subcontractors to demonstrate to the City's satisfaction that they have a complete and clear understanding of all requirements of the Prevailing Wage Rate Laws contained in ORS 279C.800 through 279C.870 and possess the expertise necessary for fulfilling their obligations pertaining to these requirements throughout the administration of the Contract. In determining competency, the City may consider Certified Payroll Reports submitted by the Contractor and/or Subcontractor for projects previously performed for the City, copies of Certified Payroll Reports submitted to other public entities, references from other public entities attesting to ITB4 - BIL Rev 10/28/2022 Page 2 of 8 Attachment 2 Page 9 of 74 Exhibit A - 2 of 67 the Contractor's expertise, or an interview with the Contractor regarding their personnel resources and expertise or their ability to obtain the resources and expertise necessary to meet all contractual responsibilities in accordance with ORS 279C.375. Time is of the Essence Time is of the essence in the Contractor's performance of the Contract. Delays in the Contractor's performance of the work may inconvenience the public, interfere with business and commerce, and increase cost to the City. It is essential and in the public interest that the Contractor prosecute the work vigorously to Contract completion. The City does not waive any rights under the Contract by permitting the Contractor to continue to perform the Contract, or any part of it, after the Contract Time of Completion shown below, or as adjusted by Contract Change Order, has expired. Liquidated Damages The City of Springfield and the Contractor agree that; (a) the amounts so fixed are reasonable forecasts of just compensation for the harm that is caused by the breach; (b) the harm that is caused by the breach is one that is incapable of or very difficult of accurate estimation; and, (c) the amount so fixed is not fixed as a penalty to coerce performance of the Contract but is rather intended to be a genuine pre -estimation of injury to the City of Springfield in lieu of performance within the contract time by the Contractor. a. Dellav It is agreed by the City of Springfield and by the Contractor that the need exists for a damage provision in the event the Contractor fails to complete the work within the Contract time specified, or any extension thereof, by the City of Springfield. The City of Springfield and the Contractor further agree that the Contractor shall be liable to the City of Springfield for fixed, agreed and liquidated damages for each and every calendar day of delay in the amount of $500.00 per day in accordance with Subsection 108.07 of the Standard Construction Specifications. b. Failure to Report Spills The Contractor also agrees to liquidated damages in the amount of $500.00 per incident for failure to report sewage spills plus an amount sufficient to reimburse the City for any civil and administrative penalties paid by the City as a result of the contractor's failure to report. Failure to report sewage spills may subject the City to (1) civil penalties of up to $32,500.00 per day of violation pursuant to Section 309(d) of the Clean Water Act, 33 U.S.C. § 1319(d); (2) administrative penalties of up to $11,000.00 per day for each violation, pursuant to Section 309(8) of the Clean Water Act, 33 U.S.C. § 1319(g); or (3) civil action in federal court for injunctive relief pursuant to Section 309(b) of the Clean Water Act, 33 U.S.C. § 1319(b). Contract Time of Completion All work performed under this Bid shall be completed by August 21St, 2023, with the following conditions: 1. Osage Street and Janus Street a. Pipe work and temporary trench restoration shall be completed by February 21st, 2023. Final surface pavement restoration work shall be completed by August 21st, 2023. 2. South 37th Street a. No work shall be performed before June 19th, 2023. The Contractor shall apply for any extensions of time as specified in Subsection 108.06 of the Standard Construction Specifications. If B4 - BIL Rev 10/28/2022 Attachment 2 Page 10 of 74 Exhibit A - 3 of 67 Page 3 of 8 Certifications The undersigned hereby certifies that: 1.) If awarded the Contract, they shall fully comply with all provisions regarding the prevailing wage rates as required by ORS 279C.800 to 279C.870 and/or 40 U.S.C. 2762 as applicable. 2.) The Contractor, Subcontractor, suppliers of materials or services, and others engaged by the Contractors, shall comply at all times with and observe all such laws, ordinances, regulations, orders, and decrees; and shall hold harmless and indemnify the City of Springfield and its representatives against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree. 3.) The 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 comply with all applicable requirements of Federal and State civil rights and rehabilitation statutes, rules and regulations. 4.) In conformance with OAR 137-049-0440(3) and ORS 279A.110(4) the Contractor has not, and will not, discriminate against a Subcontractor in the awarding of a subcontract because the Subcontractor is a minority, women or emerging small business enterprise certified under ORS 200.055 or a business enterprise that is owned or controlled by or that employs a disabled veteran, as defined in ORS 408.225. 5.) In accordance with ORS 279C.505, the Contractor will; a.) 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. b.) Promptly pay all contributions or amounts due to the State Industrial Accident Fund, or private carrier of accident insurance, from such Contractor or Subcontractor incurred in the performance of the Contract. If a private carrier is used, the Contractor shall notify the Engineer as to the carrier's name and address before the commencement of work. c.) Not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal corporation, or subdivision thereof, on account of any labor or material furnished. d.) Pay to the Department of Revenue all sums withheld from employees under ORS 316.167. e.) Have an employee drug -testing program in place at the time of signing the contract and will maintain such drug -testing program in place over the life of the Contract. Upon request, the Contractor shall furnish a copy of the employee drug testing program to the City. 6.) In accordance with ORS 279C.510, If demolition is involved, the Contractor shall salvage or recycle construction and demolition debris, if feasible and cost-effective as required by ORS 279C.510(1). rr64 — BIL Rev 10/28/2022 Page 4 of 8 Attachment 2 Page 11 of 74 Exhibit A - 4 of 67 If lawn or landscaping maintenance is involved, the Contractor shall compost or mulch yard waste in an approved site, if feasible and cost-effective as required by ORS 279C.510(2). 7.) In accordance with ORS 279C.520, no person will be employed by the Contractor or Subcontractor for more than 10 hours in any one day, or 40 hours in any one week except in cases of necessity, emergency, or where the public policy absolutely requires it, and in such cases the person so employed shall be paid at least time and one-half the regular rate of pay for all times worked in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or in excess of 10 hours a day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and for all work performed on a Saturday, Sunday and on any legal holiday specified in ORS 279C.540. 8.) In compliance with ORS 279C.525, the Contractor has received and reviewed Federal, State and local agencies that may have enacted ordinances, rules or regulations dealing with the prevention of environmental pollution and the preservation of natural resources that may affect the performance of this Contract as identified under Section 13 of the Contract. Accordingly, if the Contractor is delayed or must undertake additional work by reason of ordinances, rules, or regulations relating to the prevention of environmental pollution and the protection of natural resources subsequent to the date of submission or the successful quote, the City may: a.) Terminate the Contract, b.) Complete the work itself, c.) Use non -owner forces already under contract with the City of Springfield, d.) Solicit bids for a new contractor to provide the necessary services under competitive bid requirements 279C, e.) Issue the Contractor a change -order setting forth additional work that must be undertaken. 9.) In accordance with ORS 279C.530, the Contractor will; a.) Promptly, as due, make payments to any person, co -partnership, association or corporation, furnishing medical, surgical, and hospital care or other needed care and attention, incidental to sickness or injury, to the employees of such Contractor, of all sums which the Contractor agrees to pay for such services and all monies and sums which the Contractor: 1. May or shall have deducted from the wages of his employees for such services pursuant to the terms of Oregon Revised Statutes and any contract entered in pursuant thereto; or 2. Collected or deducted from the wages of his employees pursuant to any law, contract, or agreement for the purpose of providing or paying for such service; and 3. All employers working under the Contract are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126. The Contractor shall ensure that each of its Subcontractors complies with these requirements. IB4 — 8IL Rev 10/28/2022 Attachment 2 Page 12 of 74 Exhibit A - 5 of 67 Page 5 of 8 10.) No Contractor, Subcontractor or any firm, corporation, partnership or association in which the Contractor or Subcontractor has a financial interest who appears on the List of Contractors Ineligible to Receive Public Works Contracts, as established by the Bureau of Labor and Industries, will perform work under this Contract, as specified in ORS 279C.860. 11.) No Contractor, Subcontractor or any firm, corporation, partnership or association in which the Contractor or Subcontractor has a financial interest who appears on the Construction Contractor's Board Not Qualified to Hold Public Contracts list, will perform work under this Contract, as specified in ORS 701.227(4). 12.) The Contractor performing work on this project shall have a current, valid certificate of licensure issued by the Construction Contractor's Board in accordance with ORS 701 and, if performing work described in ORS 671.520, a current, valid certificate of licensure from the State Landscape Contractor's Board in accordance with ORS 671.560 as applicable in place at the time the quote is presented. 13.) Prior to performing any work under the Contract all Subcontractors shall have a current, valid certificate of licensure issued by the Construction Contractor's Board in accordance with ORS 701 and, if performing work described in ORS 671.520, a current, valid certificate of licensure from the State Landscape Contractor's Board in accordance with ORS 671.520 as applicable. 14.) In compliance with ORS 279C.836, the Contractor shall confirm that all Subcontractors have a valid public works bond on file with the Construction Contractors Board prior to allowing them to perform any work under the Contract. 15.) If the Contract specifies that the project includes Asbestos Abatement, the Contractor and all Subcontractors performing work on the project shall be licensed in accordance with ORS 467A.720 prior to performing any work on the project. Certification of compliance shall be presented to the City upon request. 16.) The Contractor shall function as an independent contractor for the purposes of this Contract and shall not be considered an employee of the City of Springfield for any purpose. The Contractor shall assume sole responsibility for any debts or liabilities that may be incurred by the Contractor in fulfilling the terms of this Contract and shall be solely responsible for the payment of all federal, state, and local taxes which may accrue because of this Contract. 17.) The Contractor and all Subcontractors shall comply with all applicable provisions of the Americans with Disabilities Act of 1990, 42 USC Section 12101 et seq. and Section 504 of the Rehabilitation Act of 1973. Bid Addenda All Addenda issued are considered to be part of the specifications of the Invitation to Bid and, as such, are as incorporated into the Contract as specified in Section 104.02 of the Standard Construction Specifications. By signing below, I acknowledge the receipt of the following Addenda documents and certify that the specifications contained in each have been considered and incorporated into the Bid as presented. All Addenda must be included with the Bid submitted. If B4 — BIL Rev 10/28/2022 Attachment 2 Page 13 of 74 Exhibit A - 6 of 67 Page 6 of 8 Addenda Number Addenda Date I- // / r� 12oza_ Declarations As required by ORS 305.385(6), under penalty of perjury, by signing below the Contractor represents that, to the best of their knowledge, neither they nor any applicable Subcontractors performing work under the Contract are in violation of any tax laws as described in ORS 305.380(4) and have complied with the tax laws of this state or a political subdivision thereof including, but not limited to, ORS 305.620 and ORS Chapters 316, 317 and 318. The Contractor shall also covenant to continue to comply with the tax laws of this state or a political subdivision thereof during the term of the Contract and that Contractor's failure to comply with such laws prior to execution of the Contract or during the term thereof is a default for which the City may terminate the Contract and seek damages and other relief available under the terms of the Contract or under applicable law. The undersigned Bidder declares that the only persons or parties interested in the Bid are those named herein, that this Bid is, in all respects, fair and without fraud, that it is made without collusion with any official of the City, and that the Bid is made without any connection or collusion with any person submitting another Bid on this project. I have read, fully understand, and agree that as Bidder I, and all Subcontractors, will comply with all of the terms and conditions of the contract for which this Bid is presented. By signing below I attest that I am an officer or a duly authorized representative of the business listed below and that I possess the legal authority to submit this Bid for consideration. If the Bid is submitted by a joint venture and is in the name of the joint venture, by signing below I certify that all parties have examined this Bid, including all requirements and the Contract terms and conditions and, if successful, the joint venture shall execute a Contract which incorporates the stated requirements, terms and conditions. Bidder's Signature 0� Y Bidder's Name (Please Print) Title Business Name Business Address Ino - BIL Rev 10/28/2022 Attachment 2 Page 14 of 74 Exhibit A - 7 of 67 Page 7 of 8 City State T Zip Phone Number (641 l_n� �$�� Cell Phone (546 521 ^ CD4 $ (y i((i0,K t, t)etb,�iu.:re5ick x)v) E-mail Address wACOAd6?MsA. con Date rTB4 - BIL Rev 10/28/2022 Page 8 of 8 Attachment 2 Page 15 of 74 Exhibit A - 8 of 67 CITY OF SPRINGFIELD INSTRUCTION TO BIDDERS Local Funding Sources 1. Contracting Law SPRINGFIELD .OREGON The Bidder is presumed to be familiar with all federal, state, and local laws, ordinances and regulations, orders and decrees which affect those engaged or employed in the work, materials, or equipment used in the proposed construction or which may affect the conduct of the work. If the Bidder or Contractor shall discover any provision in the Contract Documents which is contrary to or inconsistent with any law, ordinance, or regulation, he/she shall immediately report it to the Owner in writing. The Contractor, Subcontractor, suppliers of materials or services, and others engaged by the contractors, shall comply at all times with and observe all such laws, ordinances, regulations, orders, and decrees; and shall hold harmless and indemnify the City of Springfield and its representatives against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree. 2. Pre ualification There is no prequalification application to this Contract. Bidders unfamiliar to the City and who are not currently pre -qualified with ODOT or the City, may be required to prove to the City that they have the adequate resources, experience and equipment to complete the work. 3. Contract Documents 3_1 Plans and Specifications Plans, Specifications, and any additional information relative to this project which are on file in the City Engineer's Office shall be made available there for inspection by prospective Bidders. 3_2 Examination of Contract Documents and Site of Work Bidders shall determine for themselves all the conditions and circumstances affecting the projected cost of the proposed work by personal examination of the site, Contract Documents, and by such other means. It is understood and agreed that the City has obtained information regarding underground or other conditions or obstructions depicted in the Contract Documents from data at hand. There is no expressed or implied agreement that such conditions are fully or correctly shown, and the Bidder must take into consideration the possibility that conditions affecting the cost or quantity of work may differ from those indicated. 3_3 Interpretation of Contract Documents If it should appear to a Bidder that the work to be done is not sufficiently described or explained in the Contract Documents, or that Contract Documents are not definite and clear, the Bidder shall make written inquiry regarding same to the individual shown, in the manner instructed and within the timeframe indicated in the Invitation to Bid advertisement. Questions received will be evaluated and if, in the judgment of the City, the response does not alter or amend the requirements or scope of the Invitation to Bid, but merely clarifies existing information, the response will be entered on the Clarifications Log and posted to the project webpage as shown in the Invitation to Bid. If, in the judgment of the City, additional information or interpretation is necessary, such information shall be supplied in the form of an addendum to all individuals, firms, and corporations listed on the Plan Holders List and those individuals that attended rrB5-BIL Rev 04/12/2022 Attachment 2 Page 16 of 74 Page 1 of 6 Exhibit A - 9 of 67 the Pre -Bid Meeting and provided an accurate e-mail address on the sign -in sheet. Such addenda shall have the same binding effect as though contained in the main body of the Contract Documents. The City is not responsible for any explanation, clarification, interpretation, or approval made or given in any manner except by written addenda issued by City. 3.4 Addenda to Contract Documents Any addenda issued by the City, which may include changes, corrections, additions, interpretations, or information issued 72 hours or more before the scheduled closing time for filing the Bids shall be binding upon the Bidder. Addenda will be posted to the City's website at Invitations to Bi-' - City of Springfield Oregon (springfield-or.gov); click under the project the addenda pertains to. The Contractor should check the website frequently for new postings during the open bid period. The City shall make a reasonable effort to notify all individuals, firms, and corporations listed on the Plan Holders List and those individuals that attended the Pre -Bid Meeting and provided an accurate e-mail address on the sign -in sheet when addenda are issued. Failure of the Contractor to receive or obtain such addenda shall not excuse them from compliance. 4. Estimate of Listed Quantities The estimate of quantities of work to be done under unit price bids is approximate and is given only as the basis of calculation for comparison of Bids and award of the Contract. The Owner does not agree that the actual amount of work will correspond precisely to the amount as shown or estimated. Payment will be made at unit prices under a Contract only for work actually performed or materials actually furnished according to actual measurements. The Owner reserves the right to increase or decrease the amount of any class or portion of the work. No such change in the work shall be considered as a waiver of any condition of the Contract, nor shall such change invalidate any of the provisions thereof. 5. Bid 5.1 Bid Submittal and Forms The complete set of bid documents for this project consists of two sections, the Invitation to Bid Documents and the Project Plan Set. For the City of Springfield to consider your bid responsive, you must include all documents listed in the Instruction to Bidders, in numerical order according to the Table of Contents. The forms that must be included with all bid submittals, include: 1. Bid Submittal, Terms and Declarations 2. First -Tier Sub -Contractor Disclosure Form 3. Financial Responsibility Form 4. Certificate of Compliance - Statement of Non-Discrimination/ORS 279A.110 5. Minority, Woman and Emerging Small Business/Disadvantaged Business Enterprise Form (MWESB) 6. Conflict of Interest Disclosure Form (COI) 7. Non -Collusion Affidavit 8. Bid Bond The Project Plan Set is not required to be submitted as part of your bid. Additionally, any addendums or revisions must be acknowledged and submitted with your Bid. The Bid Submittal, Bid Bond, Certified Check, or Cashier's Check shall be enclosed in a sealed and labeled rrss-BIL Rev 04/12/2022 Attachment 2 Page 17 of 74 Page 2 of 6 Exhibit A - 10 of 67 envelope. The outside of the envelope shall plainly identify: The project name and project number and (2) The Bid opening date. All Bids must be clearly and distinctly typed or written with ink or indelible pencil. Unless otherwise specified, Bidders shall bid on all Bid items, and must include in their Bid prices the entire cost of each item of work set forth in the Bid. Any statement accompanying and tending to qualify a Bid may cause rejection of such Bid, unless such statement is required in a Bid embracing alternate Bids. If, in the opinion of the City, the items or prices in any Bid appear unbalanced, incomplete, or fail to comply with all the terms required, the Bid may be rejected. Sealed Bids shall be labeled clearly, addressed to Amanda Clinton, Contracts Analyst, and received at City of Springfield, City Hall, Development and Public Works, "Southeast Quad", 225 Fifth St. Springfield, Oregon, 97477 at, or before, the time and date noted on the Invitation to Bidders, after which time the Bids will be publicly opened and read aloud. All Bids shall be on the form furnished by the City, and in addition to necessary unit price items and total prices in the column of totals to make a complete Bid, all applicable blanks giving general information must be filled in and the Bids signed by an officer or duly authorized representative of the Bidder. The only exceptions to this requirement are the Performance Bond, Payment Bond and the Contract documents which are provided here as a reference. However, if you are awarded the Bid, you will be required to submit fully executed copies of these documents upon request. 5.2 First Tier Subcontractor Statement Bidders are required to disclose information about certain first-tier subcontractors when the contract value for a Public Improvement is greater than $100,000 (see ORS 279C.370). If the total Bid price for the contract exceeds $100,000, the Bidder shall submit on the form provided (within two working hours of the date and time of when the bids are due), a list of all first-tier subcontractors (those entities that would be contracting directly with the prime Contractor) which will be furnishing labor or material on the Contract whose subcontract value would be equal to or greater than 5 percent of the total Bid price, but at least $15,000. Also, any Subcontractor with a subcontract value greater than $350,000, regardless of the percentage of the total Bid price, must be listed. The following information must be listed: a) The Subcontractor's name and address, b) The Subcontractor's Construction Contractor Board registration number, if one is required, and c) The subcontract dollar value. If no subcontractors are being used that are subject to the above disclosure requirements, the Bidder is required to indicate "None" on the accompanying form. The form may be submitted with the Bid or may be submitted separately in a separate envelope from the Bid within two hours after the bid opening. The envelope containing the form should be marked "Subcontractor Disclosure Form Submitted for Project PXXXXX" and should also be marked with the name of the Bidder. 5.3 Non -Discrimination Pursuant to ORS 279A.110, that the bidder has not discriminated and will not discriminate against a disadvantaged business enterprise, a minority-owned business, a woman -owned business, a business that a service -disabled veteran owns, or an emerging small business in obtaining any required subcontracts. The bidder understands that it may be disqualified from bidding on this public improvement project if the Agency finds that the bidder has violated subsection (1) of ORS 279A.110. The Bidder certifies that it has a written policy and practice that meets the requirements described in ORS 279A.112 (House Bill 3060, 2017) of preventing sexual harassment, sexual assault and discrimination against employees who are members of a protected class. 5.4 Non -Collusion The price(s) and amount of this bid have been arrived at independently and without consultation, communication, or agreement with any other contractor, bidder, or potential bidder except as disclosed on rFB5-BIL Rev 04/12/2022 Attachment 2 Page 18 of 74 Page 3 of 6 Exhibit A - 11 of 67 a separately attached statement. Neither the price(s) nor the amount of this bid, and neither the approximate price(s) nor approximate amount of this bid has been disclosed to any other firm or person who is a bidder or potential bidder, and they will not be disclosed before the opening of bids. No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, to submit a bid higher than this bid, or to submit any intentionally high or noncompetitive bid or other form of complementary bid. This bid is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive bid. The bidder, its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted of or found liable for any act, prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract except as described on a separately attached statement. The bidder understands and acknowledges that the above representations are material and important and will be relied on by the Agency, in awarding the contract(s) for which this bid is submitted. The bidder understands that any misstatement in this certification is and shall be treated as fraudulent concealment from the Agency, of the true facts relating to the submission of bids for this contract. 5_5 Compliance With Oregon Tax Laws: By signature on this bid, the undersigned hereby certifies under penalty of perjury that the undersigned is authorized to act on behalf of bidder, that the undersigned has authority and knowledge regarding bidder's payment of taxes, and that bidder is, to the best of the undersigned's knowledge, not in violation of any Oregon Tax Laws. For purposes of this certification, "Oregon Tax Laws" means a state tax imposed by ORS 320.005 to 320.150 (Amusement Device Taxes), ORS 403.200 to 403.250 (Tax For Emergency Communications), and ORS Chapters 118 (Inheritance Tax), 314 (Income Tax), 316 (Personal Income Tax), 317 (Corporation Excise Tax), 318 (Corporation Income Tax), 321 (Timber And Forestland Tax), and 323 (Cigarettes And Tobacco Products Tax), and any local taxes administered by the Department of Revenue under ORS 305.620. 5.6 Withdrawal. Modification, or Alteration of Bid A Bid may be withdrawn on written or telegraphic request of the Bidder prior to the scheduled closing time for filing Bids. No Bidder may withdraw its Bid or any portion thereof after the time set for the opening of Bids until a Contract has been awarded and executed or until sixty (60) days have elapsed since the Bid opening. Negligence on the part of the Bidder in preparing its Bid confers no right to withdraw its Bid after the scheduled closing time for filing Bids. Prior to the scheduled closing time for filing Bids, changes may be made provided the changes are initialed by the Bidder or its Agent. If the intent of the Bidder is not clearly identifiable, the interpretation most advantageous to the City will prevail. 5.7 Late Bids Bids received after the scheduled closing time for filing Bids as set forth in the Invitation to Bidders will be rejected and returned unopened to the Bidder unless such closing time is extended by the City. 5_8 References In order to comply with the requirements of ORS279C.375 regarding the determination of bidder responsibility, completion of the Financia/Responsibility Form included in the Invitation to Bid documents must be completed in full. The City will use the information provided to ascertain the financial responsibility of the bidder as it pertains to the specific criteria to be considered prior to award of a public works contract. The City reserves the right to investigate the references, financial capacity, credit history and past rrB5-BIL Rev 04/12/2022 Attachment 2 Page 19 of 74 Page 4 of 6 Exhibit A - 12 of 67 performance of any Bidder, including service(s) provided to City of Springfield, with respect to their successful performance on other projects; compliance with specifications and contractual obligations; expertise regarding the completion and submission of Certified Payroll Reports; completion or delivery of a project on schedule and within budget; and its lawful payment of suppliers, subcontractors and workers. The City reserves the right to use any information or reference that may be discovered in evaluating any bid. The City reserves the right to find a bid to be nonresponsive for failure or refusal of bidder to provide all information in a timely manner, as requested. The city may postpone issuance of a Notice of Intent to Award in order to complete its investigation. The City reserves the right to reject any bid at any time prior to the City's execution of a Contract in the event reference checks prove unsatisfactory. The City's investigation may include Bidder's previous business entities of the principals involved. If more than one Bidder is involved the City may investigate each entity. In the event that the city requests information from the Bidder the completeness of the information submitted, its veracity and the extent to which it has been independently verified will impact the City's decision. 5.9 Bid Ownershi All material submitted by the Contractor shall be considered the property of the City, and as such, shall not be returned to the Contractor after the deadline for submission of the Bid in question has passed. After opening, all bids will become part of the public record unless exempt under Oregon Public Records Law, see ORS 192.501, ORS 192.502 and ORS 279C.340. 5.10 Reiection of Bids The City reserves the right to reject any or all Bids in whole, or in part, or to waive irregularities not affecting substantial rights. General or evasive replies will be considered grounds for rejection of the Bid as incomplete. The successful Bidder may be required to appear before the City Council and submit satisfactory evidence that he or she has the necessary capital and is qualified and prepared to prosecute the work to the full satisfaction of the Engineer. The City also reserves the right to reject any Bid which is 10 percent greater or 20 percent less than the Engineer's estimate or any Bid which contains item bids which vary more than 30 percent plus or minus from the Engineer's item bid estimate. 6. Pavments by Contractor 6_1 Wages It is agreed that if this project qualifies under Oregon law as a prevailing wage rate public works project, each worker in each trade or occupation employed in the performance of this Contract either by the Contractor, Subcontractor or other person doing or contracting to do or contracting for the whole or any part of the work on the Contract, must be paid not less than the applicable prevailing wage rate. If this project contains both federal and state funds, the hourly wages shall be not less than the higher of the state or the federal amount of the prevailing rate of wage. Prevailing wage rate payments include fringe benefits, for each trade or occupation in the locality where such labor or work is performed, as determined by the commissioner, in which the workers are employed. The existing rate of wage is the rate, in effect at the time the initial specifications were first advertised for bid solicitations as determined by the Commissioner of the Bureau of Labor and Industries under ORS279C.815. If any dispute arises as to what is the prevailing rate of wage for the same trade or occupation in the locality and if that dispute cannot be settled by the parties involved, the dispute may be referred to the Commissioner of the Bureau of Labor and Industries, who shall then determine the prevailing rate of wage for the same trade or occupation in the locality. It shall be the responsibility of the Contractor and any Subcontractor to post the prevailing wage rates on rrBS-BIL Rev 04/12/2022 Attachment 2 Page 20 of 74 Page 5 of 6 Exhibit A - 13 of 67 the job site in a conspicuous place which is accessible to employees and must remain posted for the duration of the job. 6_2 Certification No Bid will be received or considered by the City unless the Bid contains a statement by the Bidder as part of the Bid that the Bidder shall comply with provisions regarding prevailing rates of wages required by ORS 279C.840. MS -BIL Rev 04/12/2022 Attachment 2 Page 21 of 74 Page 6 of 6 Exhibit A - 14 of 67 PREVAILING WAGE RATE INFORMATION Prevailing Wage Rates information can be found at the following website: https://www.oregon.gov/boli/WHD/PWR/Pages/PWR-Rate-Publications---2019.aspx For the proper Prevailing Wage Rates applicable to this project please refer to the following publications: 1.) Prevailing Wage Rate Publication; Prevailing Wage Rates for Public Works Contracts in Oregon with an effective date of The following Amendments to the Prevailing Wage Rates for Public Works Contracts in Oregon also apply: a.) Occupation and Premium/Differential Pay for Ironworkers, effective October 15; 2022. rre7 Rev 02/20119 Attachment 2 Page 22 of 74 Exhibit A - 15 of 67 SPECIAL PROVISIONS SECTION B — Scope of Work P21181— Osage St, South 37th Street, South 38th Street, Janus St Wastewater Sewer Extensions B1. GENERAL B 1.1 Proiect Description The proposed work consists of furnishing all labor, equipment, materials, and supervision for sanitary sewer construction of approximately 2652 lineal feet of 8 -inch diameter PVC pipe, along with associated manholes, service laterals, cleanouts, & pavement restoration and slurry seal. Work will take place at four separate locations for this project. B1.2 Cooperation with Utilities Utility Information (No Anticipated Relocations) — The Contractor shall contact those Utilities having buried facilities and request that they locate and mark them for their protection before construction. Utility Comcast Contact's Name Address Email Phone Number Gabriel Norbury 2871 Chad Drive Eugene, OR 97408 Grabriel Norbury(&cable.comcast.com 541-731-1498 Dan Norland SUB Electric 1001 Main St Springfield, OR 97477 DanN@subutil.com 541-744-3784 Luke Pilon Lumen 1762 W 2nd Ave Eugene, OR 97402 Luke. Pilon(a lumen.com 458-221-7430 Monte Brown NW Natural 790 Goodpasture Island Rd Eugene, OR 97402 Monte. BrownCc* nw Lural.com 541-954-1255 Keoki Lapina SUB Water 202 South 18th St Springfield, OR 97477 KeokiL(dd)subutil.com 541-736-3291 The Contractor shall notify, in writing, the Utilities listed above, with a copy to the Engineer, at least 14 Calendar Days before beginning Work of the Project. P21181 Special Provisions Attachment 2 Page 23 of 74 Section B Exhibit A - 16 of 67 Page 1 of 9 NW Natural In the event of an emergency, and in addition to the calls required by the Utilities notification system, the Contractor shall call: • Northwest Natural Gas 1-800-882-3377 SUB Electric Contact SUB Electric Operations at 541-744-3784 at least 72 hours prior to any work or equipment encroaching within 20 feet of electrical lines. At certain locations, power, light, and telephone poles may interfere with excavation and operation of the Contractor's equipment. Coordinate with SUB Electric Operations 72 hours prior about supporting poles. The cost to support poles will be paid by the City of Springfield and shall not be included in the Contractor's cost. Lumen Contact Lumen at 458-221-7430 at least 72 hours prior to any work or equipment encroaching within 10' of communication lines. SUB Water Contact SUB Water Operations at 541-736-3291 at least 10 days prior to beginning work within 10 feet of all water facilities. SUB Water requires all construction at or near 12" or larger waterlines to have an on-site safety watcher at no cost to the Contractor. Contact SUB Water to request an on-site safety watcher at least 48 hours prior to construction. SUB Water also requires light compaction/no vibratory compaction with 2 feet directly above SUB water facilities. Waterline facilities are shallow, proceed with caution and direction from on-site watcher. B1.3 Construction Zone Work Hours Unless otherwise directed by the Engineer, normal construction work zones with active project operations are to be conducted Monday through Friday. Work outside the hours of 7:00 a.m. to 5:00 p.m. is not permitted unless the City Engineer or designee gives approval. No construction activities on South 37th Street are to take place before June 19th, while Douglas Gardens Elementary School is in session. B 1.4 Record Drawing Contractor shall maintain at the site one set of specifications, full size drawings, shop drawings, equipment drawings and supplemental drawings which shall be corrected as the work progresses to show all changes made, Drawings shall be available for inspection by the Engineer. Upon completion of the contract and prior to final payment, specifications and drawings shall be turned over to the Engineer. B 1.5 Competent Person Designation Contractor shall designate a qualified and experienced "competent person" at the site whose duties and responsibilities shall include enforcement of Oregon - OSHA regulations regarding excavations, the prevention of accidents, and the maintenance and supervision of construction site safety precautions and programs. B 1.6 Vehicle Parking The vehicles of the Contractor's and subcontractors' employees shall be parked in accordance with local parking ordinances. P21181 Special Provisions Section B Attachment 2 Page 24 of 74 Page 2 of 9 Exhibit A - 17 of 67 B 1.7 Survey Services Comply with Section 00150.15 ODOT Standard Specifications for Construction with Springfield specific revisions. All requests for survey services shall require a 48 hour minimum notice. B1.8 Prosecution and Prorens -Project Work Schedules Before starting work, the Contractor shall submit for written approval a proposed construction schedule to the Engineer. If it is desirable to carry on operations in more than one location simultaneously, a schedule shall be submitted for each location two weeks in advance of beginning such operations. In the event that the Contractor's proposed construction schedule does not meet the necessary construction program schedule as determined by the City, the Contractor shall resubmit a schedule that conforms as approved. The schedule shall show the proposed order of work and indicate the time required for completion of the major items of work. This working schedule shall take in to account the passage or handling of traffic with the least practicable interference therewith and the orderly, timely and efficient prosecution of work. It will also be used as an indication of the sequence of the major construction operations and as a check on the progress of work. The Contractor shall provide weekly progress schedules of expected project activities. The progress schedules shall indicate the Contractor's plan of work in sufficient detail to enable both the Contractor and the Engineer to plan, coordinate, appraise, document, and control their respective Contract responsibilities. The schedule of work, and the work forces and equipment supplied by the Contractor, shall be adjusted adequately to allow for the completion of the contract work by the stated contract completion date. Any work done without notification to the Engineer is subject to rejection. B1.9 Specifications Refer to Special Provisions Section A1.2 for applicable specifications. SECTION 00210 - MOBILIZATION Comply with Section 00210 of the 2021 Oregon Standard Specifications for Construction. SECTION 00220 — ACCOMMODATIONS FOR PUBLIC TRAFFIC Comply with Section 00220 of the 2021 Oregon Standard Specifications for Construction modified as follows: Add the following subsections: 00220.03(c) Public Notice — The Contractor will need to provide written communication to all properties adjacent to the work a minimum of 5 Calendar Days before work begins. Any notifications and communications the Contractor intends to send to neighboring properties need to be reviewed and approved by the City of Springfield, Contract Analyst, Amanda Clinton (aclintonC0.springfield-or. - ), five days prior to distribution. In addition, the Contractor will also need to provide the City of Springfield with all written notifications they intend to utilize for residents and businesses who will have their access interrupted by construction a minimum of 48 hours before flyer distribution for review and approval. Please send to Contract Analyst Amanda Clinton ( ). The Contractor will need to coordinate all work activities with Lane Transit District, Eugene -Springfield Fire, Springfield Police, local sanitation services, and USPS when applicable. 00220.03(d) Bus Stops — Notify in writing, with a copy to the Engineer, a minimum of 7 Calendar Days before performing any Work that requires closing or relocating an LTD bus stop. P21181 Special Provisions Attachment 2 Page 25 of 74 Section B Exhibit A - 18 of 67 Page 3 of 9 SECTION 00221— COMMON PROVISIONS FOR WORK ZONE TRAFFIC CONTROL Comply with Section 00221 of the 2021 Oregon Standard Specifications for Construction modified as follows: 00221.06 (b) Contractor Modified Traffic Control Plan In the sentence that begins "If the Contractor requests to use a modified Agency TCP..." delete "according to 00150.3". Add the following to the end of this subsection: The Traffic Control Plan (TCP) in the plan set has been approved by the Agency for use by the Contractor. A proposed Contractor Modified Traffic Control Plan shall incorporate all appropriate standards from the latest editions of Manual of Uniform Traffic Control Devices (MUTCD) and ODOTs Oregon Temporary Traffic Control Handbook. The TCP shall be approved by the City's Engineer prior to implementation. Allow 5 work days for the City's Engineer to review and return the drawings. Drawings which are not approved shall be corrected and resubmitted for review. If, as determined by the Engineer, the TCP does not meet these requirements the TCP will be rejected and no adjustment of Contract Time will be allowed. Allow 5 work days for the Engineer to review drawings each time they are resubmitted. 00221.98 Payment, Method "B" - Lump Sum Basis Temporary Work Zone Traffic Control - Complete, Bid Item 2, will be paid in accordance with the Standard Specifications. SECTION 00280 - EROSION AND 5EDIMENT CONTROL Comply with Section 00280 of the 2021 Oregon Standard Specifications for Construction modified as follows: 00280.04 Erosion and Sediment Control Plan on Agency Controlled Lands - Delete the following: The fifth paragraph which begins with "Ensure the Contractor's construction ESCP and implementation schedules are prepared by...." 00280.90 Payment — Delete the following: "Water used for non -chemical dust control will be paid according to Section 00340." SECTION 00405 —TRENCH EXCAVATION BEDDING AND BACKFILL Comply with Section 00405 of the 2021 Oregon Standard Specifications for Construction modified as follows: 00405.11 Trench Foundation — Delete the following: • Selected general backfill conforming to 00330.13. • Selected granular backfill conforming to 00330.14. • Selected stone backfill conforming to 00330.15. • Other approved material. Replace it with the following: P21181 Special Provisions Section B Attachment 2 Page 26 of 74 Page 4 of 9 Exhibit A - 19 of 67 • Commercially available 3/a" — 0 aggregate 00405.12 Bedding — Delete this subsection, except for the number and title, and replace it with the following: For all pipes, place pipe bedding with commercially available 3/a"— 0 aggregate. Labor, bedding, backfill and pipe zone material are incidental to the pipe work. 00405.13 Pipe Zone Material - Delete this subsection, except for the number and title, and replace it with the following: For all pipes, backfill the pipe zone with commercially available 3/4" — 0 aggregate. Pipe zone shall be constructed per Springfield Standard Drawing 4-17, Class C for all work within the roadway. Labor, bedding, backfill, and pipe zone material are incidental to the pipe work. 00405.14 Trench Backfill (b) Class B Backfill - Delete this subsection, except for the number and title, and replace it with the following: Class B Backfill (3/4" - 0 aggregate) shall be used for trench backfill on all roadway pipe work and shall be incidental to pipe work. Labor and backfill material, excluding Controlled Low -Strength Material, Bid Item 5, are incidental to the pipe work. 00405.15 Quality Control — Delete this subsection in its entirety. 00405.41 Trench Excavation (a) Within Paved Areas to be Preserved — Add the following to the end of this subsection: Removal of asphalt concrete within roadways is incidental to the pipe work. 00405.42 Rock Excavation - Delete the first sentence of the second paragraph that begins with "if using explosives, comply with ..." 00405.48 Surface Removal - Delete the following subsections in their entirety: (a) General (b) Topsoil Add the following to the end of subsection (c) Pavement, Curb, and Sidewalk: Saw -cutting and removal of concrete curb and gutter, and driveways are incidental to the pipe work. SECTION 00415 VIDEO PIPE INSPECTION Comply with Section 00415 of the 2021 Oregon Standard Specifications for Construction modified as follows: 00415.21 Service Line Lateral Inspection Equipment - Delete this subsection in its entirety. 00415.41 Pre -Construction Video Inspection - Delete this subsection in its entirety. 00419.90 Payment P21181 Special Provisions Attachment 2 Page 27 of 74 Section B Exhibit A - 20 of 67 Page 5 of 9 The accepted quantities of Work performed under this Section will be paid for at the Contract unit price, per unit of measurement, for the following items: Pay Item Unit of Measurement (a) Mainline Video Inspection (Bid Item 4) Lineal Foot (LF) SECTION 00442 — CONTROLLED LOW STRENGTH MATERIALS Comply with Section 00442 of the 2021 Oregon Standard Specifications for Construction modified as follows: 00442.00 Scope - Add the following to the end of this subsection: Controlled Low Strength Materials (CLSM) shall be used for the top 2' of trench restoration per City standard, and where specified by the Engineer. See SUB Standard Drawing W1.23.1, installation of new sanitary sewer pipe under existing water line. 00442.80 Measurement - Delete this subsection, except for the number and title, and replace it with the following: Controlled Low Strength Materials (CLSM) will be measured on a Cubic Yard (CY) basis. 00442.90 Payment - Delete this subsection, except for the number and title, and replace it with the following: Add the following pay item: Pay Item (a) Controlled Low Strength Materials (CLSM) (Bid Item 5) Unit of Measurement Cubic Yard (CY) SECTION 00445 - SANITARY STORM CULVERT SIPHON AND IRRIGATION PIPE Comply with Section 00445 of the 2021 Oregon Standard Specifications for Construction modified as follows: 00445.00 Scope - Add the following to the end of this subsection: Dewatering is considered incidental to all pipe work. 6 -inch and 8 -inch ASTM D3034 SDR 35 PVC Sanitary Sewer Pipe 6 -inch (Bid Item 6) and 8 -inch (Bid Item 7) ASTM D3034 SDR 35 PVC Sanitary Sewer Pipe includes saw -cutting, trench excavation, removal and disposal of any asphalt and/or concrete surfacing, native soil and existing pipe, installation of new 6 -inch and 8 -inch ASTM D3034 SDR 35 PVC Sanitary Sewer Pipe, and trench backfill using granular 3/4"-0 aggregate as shown in Springfield Standard Drawing 4-17, Class C. Work under these bid items also includes dewatering, diversion and by-pass pumping, disposal of excavated material as necessary. 6 -inch x 8 -inch x 8 -inch ASTM D3034 SDR 35 PVC Tee Bid Item 8, 6 -inch x 8 -inch x 8 -inch ASTM D3034 SDR 35 PVC Tee, calls for the connection and installation of 6 - inch x 8 -inch x 8 -inch ASTM D3034 SDR 35 PVC Tees. Backfill and surface restoration will be incidental to the 8 -inch ASTM D3034 SDR 35 PVC Sanitary Sewer Pipe, Bid Item 7. P21181 Special Provisions Section B Attachment 2 Page 28 of 74 Page 6 of 9 Exhibit A - 21 of 67 Two-way 6 -inch Lateral Cleanout, Box and Cover - Complete in Place Bid Item 10, Two-way 6 -inch Lateral Cleanout, Box and Cover - Complete in Place, calls for furnishing and installing Two-way 6 -inch Lateral Cleanouts, risers, plugs and connecting couplings, appropriate plastic valve box or traffic -rated box and lid with concrete collar, and all other incidental work and materials. Install Two- way, 6 -inch Cleanouts as shown on Springfield Standard Drawings 4-4A. Payment for this bid item shall be per Each (EA) Two-way 6 -inch Lateral Cleanout, Box and Cover - Complete in Place, regardless of depth and backfill class. Cleanouts shall be installed at location as shown in construction plans, or as specified by the Engineer. The Two-way 6 -inch Lateral Cleanout, Box and Cover are to be placed at the edge of the City of Springfield's right of way. If fence lines interfere with placing the Two-way 6 -inch Lateral Cleanout, Box and Covers then they are to be installed on the roadway side of the property owner's fence per Engineer's judgment. 00445.15 Quality Control - Delete this subsection in its entirety. 00445.91 Payment - The accepted quantites of Work performed under this Section will be paid for at the Contract unit price, per unit of measurement, for the following items: Pay Item (M) 6 -inch ASTM D3034 SDR 35 PVC Sanitary Sewer Pipe (Bid Item 6) Pay Item (b.2) 8 -inch ASTM D3034 SDR 35 PVC Sanitary Sewer Pipe (Bid Item 7) Pay Item (c) 6 -inch x 8 -inch x 8 -inch ASTM D3034 SDR 35 PVC Tee (Bid Item 8) Pay Item (d) Pipe Wyes, 6-imch (Bid Item 9) Add the following items: Pay Item (m) Two-way 6 -inch Lateral Cleanout, Box and Cover - Complete in Place (Bid Item 10) SECTION 00470 — MANHOLES CATCH BASINS AND INLETS Comply with Section 00470 of the 2021 Oregon Standard Specifications for Construction. SECTION 00490 — WORK ON EXISTING SEWERS AND STRUCTURES Comply with Section 00490 of the 2021 Oregon Standard Specifications for Construction. SECTION 00706 — EMULSIFIED ASHPALT SLURRY SEAL SURFACING Comply with Section 00706 of the 2021 Oregon Standard Specifications for Construction. SECTION 00744 — ASPHALT CONCRETE PAVEMENT Unit of Measurement LINEAL FOOT (LF) Unit of Measurement LINEAL FOOT (LF) Unit of Measurement EACH (EA) Unit of Measurement EACH (EA) Unit of Measurement EACH (EA) Comply with Section 00744 of the 2021 Oregon Standard Specifications for Construction modified as follows: P21181 Special Provisions Attachment 2 Page 29 of 74 Section B Page 7 of 9 Exhibit A - 22 of 67 00744.00 Scope - Add the following to the end of this subsection: Level 2, 1/2 -inch Dense Asphalt Concrete Pavement (ACP) shall be the Lane County 2023 Approved Mix. Level 2,1/2 -inch Dense Hot Mix Asphalt Concrete Pavement (ACP), Bid Item 13, shall be used for all areas within the project limits. Asphalt in trench cuts will be placed in 2 -inch lifts; match existing asphalt (minimum 4 inches). For Osage Street and Janus Street, pipe work, trench restoration, and temporary pavement restoration shall be completed by February 21st, 2023. Final pavement restoration shall be completed by August 21-5*, 2023. Temporary HMACP trench restoration patching may be used until a time when weather and scheduling conditions are favorable for final paving. 00744.17 Acceptance - Delete this subsection, except for the number and title, and replace it with the following: If the average for each mix gradation constituent and asphalt content is within specification limits, the material will be accepted. If the average asphalt content or one or more of the gradation constituents is not within the specification limits, the acceptance or rejection of the material will be determined as shown below. The Contractor shall furnish materials and shall perform work in close conformance to the contract documents. If the Project Engineer determines that the materials furnished or the work performed are not in close conformance with the contract documents, the Project Engineer may: • Reject the materials or work and order the Contractor, at the Contractor's expense, to remove, replace, or otherwise correct any non -conformity; or • Accept the materials or work as suitable for the intended purpose, adjust the amount paid for applicable material or work to account for diminished cost to the Contractor or diminished value to the City, document the adjustment, and provide written documentation to the Contractor regarding the basis of the adjustment. 00744.90 Payment - Delete this subsection, except for the number and title, and replace it with the following: The accepted quantities of ACP incorporated into the project will be paid for at the Contract unit price, per Ton, for item Level 2, 1/2 -inch Dense Asphalt Concrete Pavement (ACP), Bid Item 13. Payment will be payment in full for furnishing and placing all materials, and for furnishing all equipment, labor, and incidentals necessary to complete the work as specified. No separate or additional payment will be made for asphalt cement, mineral filler, lime, and anti -stripping or other additives. Add the following pay item: Pav Item Unit of Measurement (a) Level 2, 1/2 -inch Dense Asphalt Concrete Pavement (ACP) (Bid Item 13) TON SECTION 00867 - TRANSVERSE PAVEMENT MARKINGS — LEGENDS AND BARS Comply with Section 00867 of the 2021 Oregon Standard Specifications for Construction modified as follows: 00867.00 Scope — Add the following to the end of this subsection: All new pavement markings shall be P21181 Special Provisions Section B Attachment 2 Page 30 of 74 Page 8 of 9 Exhibit A - 23 of 67 completed using City approved thermoplastic material. Contractor shall replace all pavement markings removed or damaged through construction activities outside the removal area at the Contractor's expense. Removal of existing pavement markings is considered incidental. It is the Contractor's responsibility to verify all existing pavement marking locations prior to construction. 00867.45 Installation — Beginning with the sentence "Apply one or more of the following marking types:" add the following: Under "Type B: Preformed, Fused Thermoplastic Film" add the following: Preformed Thermoplastic Type B, "Permaline" with SWARCO beads 3130, by Ennis -Flint, or approved equivalent. Under "Type B -HS: Preformed, Fused Thermoplastic Film High Skid" add the following: Preformed Thermoplastic Type B -HS, Pre -Mark Vizigrip (Non -Slip), 125 mil, by Ennis -Flint or approved equivalent. 00867.90 Payment — The accepted quantities of Work performed under this Section will be paid for at the Contract unit price, per unit of measurement, for the following item: Pay Item Unit of Measurement (r) Pavement Bar, TYPE B -HS Preformed, Fused Thermoplastic Film, White 12 -inch SQUARE FEET (SF) END OF SECTION P21181 Special Provisions Attachment 2 Page 31 of 74 Section B Page 9 of 9 Exhibit A - 24 of 67 FIRST-TIER SUBCONTRACTOR DISCLOSURE STATEMENT ORS 279C.370 requires that bidders disclose to the City of Springfield certain first-tier subcontractors. When the contract value for a public improvement is greater than $100,000, the bidder shall list below the names, the Construction Contractors Board number and location of place of business of each subcontractor who will be furnishing labor or labor and materials in connection with the public improvement and whose contract value is equal to or greater than: five percent of the total project bid or $15,000, whichever is larger; or $350,000 regardless of the percentage of the total project bid. This form must be submitted at the location specified in the Invitation to Bid on the advertised bid closing date and within 2 working hours after the advertised bid closing time. This form must be submitted regardless of the use of subcontractors Mark "Noneyin the subcontractor list if there are no subcontractors that need to be disclosed. Failure to submit this form by the disclosure deadline will result in a nonresponsive bid. A nonresponsive bid may not be considered for award. If the form is submitted separately from the bid it should be enclosed in an envelope marked: "subcontractor Disciosure Form Submitted for Project Pa010101X forA_d_ der's Name) n Project Number: Project Title: St Bid Closing: Date: Time: Disclosure Deadline: Date: 11-01-3SQa Time: Bidder's Name: Bidder's Telephone Number: Contact Person: Check here if the bid amount less deductive alternates, if any, is $100,000 or less If the bid amount less deductive alternates, if any, is less than .$100, 000 the remainder of the form does not need to be completed, but the form must still be submitted. List below the Name, Address, Telephone Number, Contact Person, and Construction Contractor Board (CCB) numberfor each subcontractor that will be furnishing labor or labor and materials that are required to be disclosed, the category of work that the subcontractor will be performing, and the dollar amount of the subcontract. (If needed, please attach additional sheets) Firm Name: Address:q n Y Contact Person: invi A�A City, State, Zip: rh,r OQ o I CCB Number: -7q Telephone: / 11 t `t I Dollar Value: DO Category of Work Provided: __ asftwA mina, A8 Attachment 2 Page 32 of 74 Exhibit A - 25 of 67 Firm Name: Sk Address: C12—U1% Contact Person: .Tim M City, State, Zip: �i CCB Number: ' CI \-HD 2 Telephone:2 Dollar Value: 2S5 5o Category of Work Provided: 51 Firm Name: Address: Contact Person: City, State, Zip: CCB Number: Telephone: Dollar Value: Category of Work Provided: Firm Name: Address: Contact Person: City, State, Zip: CCB Number: Telephone: Dollar Value: Category of Work Provided: Firm Name: Address: City, State, Zip: Telephone: Category of Work Provided: Contact Person: CCB Number: Dollar Value: Firm Name: Address: Contact Person: City, State, Zip: CCB Number: Telephone: Dollar Value: Category of Work Provided: Rev 04/12/12 A8 Attachment 2 Page 33 of 74 2 Exhibit A - 26 of 67 CITY OF SPRINGFIELD Public Improvement Contracts OILS 279C.375 FINANCIAL RESPONSIBILITY FORM Organization Name:�� Principal(s): Name / Title Address: :Ro2:n& aa?,,Q, City: 'r�r �t1 StateZip: q QQL Telephone: FAX: Email: The information provided in this form is part of the City's inquiry concerning Bidder responsibility pursuant to ORS 279C.375 for public works/public improvement projects. Please print clearly or type. Answer all questions. Submission of a form with unanswered questions, incomplete, or illegible answers may result in a finding that you are not a responsible Bidder. This document will become part of your response to the solicitation and will be subject to Oregon Public Records laws. Any information that may be considered confidential must be marked according to instructions in the solicitation document. 1. K 3 Is your company a Resident Oregon Bidder as defined in ORS 279A.120? Resident ❑ Non-resident Note: "Resident bidder" means a bidder that has paid unemployment taxes or income taxes in the state of Oregon during the 12 calendar months immediately preceding submission of the bid, has a business in this state and has stated in the bid whether the bidder is a "resident bidder". ORS 279A.120(1)(b) Contractor's Construction Board Number: UDM as required by ORS 701.055. Expiration date: la &- QL0A'i .ompanies from wnom you obtain surety nonas: Surety Compan #1 Name: �lY� r'aWnf\CL_CI [IOClmi Contact Name: - Telephone: i11'A FAX: Present Amount of Bonding Coverage Surety Company #2 (if needed) Name: Contact Name: Telephone: FAX: Present Amount of Bonding Coverage ($): A-1 City ofSpringfreld Financial Responsibility fAto0~17l Page 34 of 74 Page l Exhibit A - 27 of 67 4. Has your application for Surety Bond ever been declined within the past 10 years? ❑ Yes (" No If yes, explai 5. During the past two years, have you been charged with a failure to meet the claims of your subcontractors or suppliers? ❑ Yes N No If yes, explain. 6. Has a judgment been entered against your company within the past 15 years finding it to be in breach of any contract for unperformed or defective work? El Yes MNo If yes, explain. 7. Has any officer, employee or agent of your company ever been convicted of a criminal offense arising out of obtaining, attempting to obtain, or performing a public or private contract or subcontract? El Yes � No If yes, explain. 8. Has any officer, employee or agent of your company been convicted under state or federal law of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty? ❑ Yes �& No If yes, explain. 9. Has your company or any officer, employee or agent of your company been convicted under state or federal antitrust laws? ❑ Yes UZ No If yes, explain._ 10. Has any officer or partner or principal of your organization ever been an officer, partner or principal of another Organization that failed to complete a construction contract? ❑ Yes L No If yes, explain. A-1 City ofSpn`ngfield Financial Responsibili ) Page 2 Exhibit A - 28 of 67 11. Indicate the total amount of work, expressed in dollars, your company reasonably believes it is capable of bonding at any one time: $5,.o_a0Qj`= What portion of this amount remains available at time of completion of this form? $ a 3(11, g82.J5 12. Has your firm ever been at any time in the last ten years the debtor in a bankruptcy proceeding? ❑ Yes [K No If yes, explain 13. Does your firm or any first tier subcontractors have any outstanding judgments pending against it? ❑ Yes � No If yes, explai 14. In the past ten years, has your firm been a party to litigation, arbitration or mediation on a matter related to payment to subcontractors or work performance on a contract? Check "Yes" even if the matter proceeded to arbitration or mediation without court litigation. ❑ Yes MA a No If yes, explain. 15. Has any officer, partner, or principal of your company discontinued business operation with outstanding debts? ❑ Yes M No If yes, explain. 16. Have all officers, partners or principals of your company and, to the best to your knowledge, all applicable Subcontractors, complied with the tax laws of this state or a political subdivision thereof including, but not limited to, ORS 305.620 and ORS Chapters 316, 317 and 318? Rh Yes ❑ No If no, explain. 17. Complete the attached Experience/ Reference form, Attachment 1, for your firm and submit with bid package. 18. Include with bid package a list of other business entities in which the Principles of your firm are currently or have previously been involved with or financially obligated to during the past 5-10 years. A-1 City ofspringfield Financia/Responsibility fA,�1Z) page 36 of 74 Page .3 Exhibit A - 29 of 67 19. At the sole discretion of City prior to award, responsive bidders may be required to submit Financial Statements including but not limited to one or more of the following: Balance Sheet, Profit and Loss Statement, Statement of Cash Flow, and/or past tax returns for the most recent past two (2) years. Declaration and Signatures The undersigned hereby declares that he or she is duly authorized to complete and submit this Organization/Responsibility Form and that the statements contained herein are true and correct as of the date set forth below. The undersigned further agrees to provide additional financial statements (described in #20 above) upon request by City's Finance Director. Incomplete, incorrect or misleading information may be reason for a determination by the City of non - responsibility. By: COL4jDate: Q - 01 '02 00" a (Signatur f aut prized official) Name: Mwa ' mpk,S Title:—fi-easuric ' (PI se type or print) (Please type or print) For: r , (Firm's name - Please type or print) Business Organization: (Check one) j� Corporation ❑ Limited Liability Company ❑ Partnership ❑ Sole Proprietorship ❑ Joint Venture ❑ Other A-1 CityofSpringfield Financia/ #age o Page 4 Exhibit A - 30 of 67 Attachment 1 Current Contracts in Force/Previous Experience — minimum of three required of similar nature with public sector work. Contract #1 Contract #2 Location c' state Owners Name Type of Work Y % Completed . Estimated Completion Date Contract #3 References — minimum of two project owner references and two subcontractor references. References may be contacted to discuss submitting Contractor's qualifications. #1 Project Owner Reference Reference Name Business or Emnlover!' S Amount #2 Proiect Owner Reference Reference Name Business or Employer Telephone Project NameJj Amount t`c- #1 Subcontractor Reference Reference Name t Business or Employer I(' Telephone L4I Project Name/.$ Amount 50 #2 Subcontractor Reference Business or Employer1r. ►. rr�� A-1 City of Springfield Financial Responsibility 5RMW} {I2) Page 38 of 74 Page s Exhibit A - 31 of 67 n CERTIFICATION OF COMPLIANCE STATEMENT OF NONIDISCRIMINATION The undersigned bidder hereby certifies that the bidder has not discriminated, and will not, discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a minority, women or emerging small business enterprise certified under ORS 200.055 as required by ORS 279A.110. f Company Name (P/ease Print) . t1• Bidder's Name (Please Print) Bidder's Address /` w 7 Bidder's ignature Title City V:\FORMS-PW\Engineering\Bid Book Forms\Certificate of Compliance Nondiscrimination.doc — 07/06 Rev 4-2022 Attachment 2 Page 39 of 74 Exhibit A - 32 of 67 State Zip 19L-01—cloo Date MWESB/DBE Voluntary Self -Declaration for City Procurement # or Project No. P MI The City of Springfield is seeking information on the various business entities that submit bids and proposals for working with the City. We request that you provide the following information to assist us with evaluating our efforts at reaching the underrepresented sectors of the business and construction communities. The Citi does not intend to use this data as criteria for selecting the successful bidders or proposers for city -funded procurements. For procurements with state or federal DBE requirements, the City will use the forms and criteria established by the state or federal agency for selecting the successful bidders or proposers. Please include this form with your bid/proposal submittal to the City. Business Name: Contact Person: w i``1 IJ Wft, I C0 T! L% L' Business Address: Business Phone: (5q 0 ��%' tO3 _ Please check each box indicating the business certification type that your firm has with the State of Oregon c the federal government, if any: ❑ Oregon Minority-owned Business Oregon Woman -owned Business ❑ Oregon Emerging Small Business ❑ Federal Disadvantaged Business Enterprise (DBE) rVI None of the above A2 MWESB Attachment 2 Page 40 of 74 Exhibit A - 33 of 67 CITY OF SPRINGFIELD Development and Public Works NON -COLLUSION AFFIDAVIT STATE OF reQ 0 ) SS. COUNTY OF kMf,— ) 'Phillip Huy being first duly sworn, on oath says that the bid submitted to which this of idavit is a part, is a genuine and not a sham or collusion bid, or made in the interest of or on behalf of any person not therein named; and that the person, firm, association, joint venture, partnership, co -partnership or corporation herein named, has not directly or indirectly induced or solicited any Bidder to put in a sham bid, nor directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competition bidding in the preparation and submission of a bid for consideration in the award of a Contract for the "S. 28th Street Sanitary Sewer Extension" sought by the CITY OF SPRINGFIELD described in the Contract Documents of which this affidavit is a part; and that said Bidder has not in any manner sought by collusion to secure to self an advantage over any other Bidder or Bidders. (Bidder) SUBSCRIBED AND SWORN TO before this day of C 20 o?o2. (Signature) OFFICIAL STAMP MCKAYLA MARIE BROOKS �'•,":;X, NOTARY PUBLIC -OREGON COMMISSION NO. 998454A MY COMMISSION EXPIRES MARCH 30, 2024 Notary Public in and for the State of Or�DOYI_ My commission expires: NOTE. This form must be completed on944#P IVA58 1 of 74 Exhibit A - 34 of 67 City of Springfield Development and Public Works Department Authorized by: d¢, fjirctoa Title: Contracts Analyst II Date: 11-17-2022 November 17th, 2022 SPRfiNGFIELD Addendum Number 1 to the Invitation to Bid, for P21181; S 37th, S 38th St, Osage St, ]anus St Wastewater Extensions The City of Springfield is amending the above-mentioned Invitation to Bid issued on November 9th, 2022. This Addendum is hereby made a part of the original contract documents to the same extent as though it were originally included therein. Quesft� Does the City have an idea for dewatering? Response: The Contractor shall submit a dewatering plan for approval by the Engineer prior to beginning any Work. The City shall make a reasonable effort to notify all individuals, firms, and corporations to whom the City provided the initial Invitation to Bid and those individuals that attended a Pre -Bid meeting and provided contact information on the sign -in sheet when addenda are issued. Failure of the Contractor to receive or obtain such addenda shall not excuse them from compliance, if they are awarded the Contract. The City is not responsible for any explanation, clarification, interpretation or approval made or given in any manner except by written addenda issued by City. All Addenda issued are considered to be part of the specifications of the Invitation to Bid and, as such, are incorporated into the Contract as specified in the 2021 Oregon Standard Specifications for Construction. By signing below, I acknowledge the receipt of the following Addenda documents and certify that the specifications contained have been considered and incorporated into the bid as presented. No other terms or conditions of the Invitation to Bid are changed as a result of this addendum. ALL BIDDERS MUST ACKNOWLEDGE THIS ADDENDUM BY SIGNING AND DATING THIS DOCUMENT AND INCLUDING IT AS PART OF THEIR SUBMITTAL PACKAGE. Signature Date P21165 Gateway at Kruse Way Intersection Improvements - Addendum Number 1 Dated 7/15/2022 Attach merPta§&13go142 of 74 Exhibit A - 35 of 67 Clarification Log Project Number: P21181 Project Title: S. 37TH, S. 38TH, JANUS ST, AND OSAGE STREET SEWER EXT. PROJECT Date Question ReWonse 1/14/2022 Manhole on Sheet C08 station 1+30.25 has no The INV OUT elevation for the manhole at invert outfall elevation. Can you please provide STA 1+30.25 on sheet C08 is 423.64 outfall elevation for manhole? 11/14/2022 Spec section 744.00 calls out for Osage street and Janus street to be temporary paved or permanent paved by February 21, 2023. The payment spec 744.90 says "Payment will be payment in full for furnishing and placing all materials, and for furnishing all equipment, labor, and incidentals necessary to complete the work as specified." Can the city confirm that permanent and temporary asphalt will be paid or under the item #13 per the payment section of 744.90? .1/15/2022 11/28/2022 n the city please provide concrete quantities curb & gutter, and concrete driveway Dlacement for the project? There is no ncrete shown on the plans to be removed and placed. There are some streets with curb and tter and others without. Due to the layout of services on the plans it is difficult to identify )m the information given if there will be ncrete driveway R&R required at each ddress. or clarification regarding scale bars 1/29/2022 For additional clarification regarding the PDF size/scale bars: Attachment 2 Page 43 of 74 Exhibit A - 36 of 67 oth temporary and permanent asphalt will e paid under Bid Item #13. Curb and gutter removal and replacement (note #12 on sheets C01-009) is proposed at approximately 32 locations, and is incidental to Bid Item 6. Janus St and Janus Ct are the work areas that do not have existing curb and gutter. There is no proposed removal and replacement of concrete driveways. )ue to the plotting process, scale bars are lisplayed as short by a small amount. All sale notes are correct with the following !xceptions: • Sheet C01 o Correct scale is 1" = 30', not 1"=40' as noted. • Sheet C08 o Correct scale is 1" = 30', not 1" = 40' as noted. he correct length is the noted length of 39.6'. The scaling discrepancy is due an rror in the conversion/plotting of DWG to DF, all sheets are scaled to fit the page, oomed to 96.61% of the actual. 'his can be corrected by printing the PDF vailable online at a custom scale of 103% 103.39% if possible). Payment Bond 40 AIA Document A312 TM -2010 CONTRACTOR: (Name, legal status and address) H&J Construction, Inc PO Box 2432 Eugene, OR 97402 OWNER: (Name, legal status and address) City of Springfield 225 Fifth Street Springfield, OR 97477 CONSTRUCTION CONTRACT Date: 12/06/22 Bond # 4460329 SURETY: (Name, legal status and principal place of business) Markel Insurance Company 4521 Highwoods Pkwy Glen Nq dVA 23n 6has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Amount: $1,094,076.00 One Million, Ninety Four Thousand, Seventy Six Dollars no/100ths Description: (Name and location) Project P21181 -- S. 37th, S 38th, Janus Street and Osage St. Sanitary Sewer Extension BOND Date: 12/22/2022 (Not earlier than Construction Contract Date) Amount: $1,094,076.00 Modifications to this Bond: ® None ❑ See Section 18 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) H&J Construction, Inc Markel Insuran y Signature: Signature: 71:� Name 1/ �L/ Name Ray M. Paiement, Attorney -in -Fact and Title: /� and Title: (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) The Rider Attached Hereto Is Incorporated in this Bond and Contains Important Coverage Information AIA Document A312TM —2010. The American Institute of Architects. This document was created on under the terms of Init. AIA Documents-on-DemandTM order no. and is not for resale. This document is licensed by The American Institute of Architects for 5 one-time use only, and may not be reproduced prior to�tstc�51FIM611t 2 Page 44 of 74 0e1010 ! i dC:flrTl Exhibit A - 37 of 67 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5. 1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § S The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. AIA Document A312Tm —2010. The American Institute of Architects. This document was created on 09120/2010 16:08:23 under the terms of Init. AIA Documents-on-DemandTm order no. 2005199009, and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior to�jttc Rletio6,t 2 Page 45 of 74 / /N�iictGn ff fill Exhibit A - 38 of 67 § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. AIA Document A312Tm —200. The American Institute of Architects. This document was created on 09/20/2010 16:08:23 under the terms of Init. AIA Documents-on-DemandTM order no. 2005199009, and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior 1:0AItcaompl0eht 2 Page 46 of 74 /-iii �f 1 Exhibit A - 39 of 67 Init. § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA Document A3127m —2010. The American Institute of Architects. This document was created on 09120/2010 16:08:23 under the terms of AIA Documents-on-DemandT" order no. 2005199009, and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior tot t or% eht 2 Page 47 Of 74 Exhibit A - 40 of 67 8 POA# 3710042 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris, Texas and Markel Insurance Company (the "Company'), a corporation duly organized and existing under the laws of the state of Illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint: Ray M. Paiement Their true and lawful agent(s) and attorney(s)-in-fad, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety or jointly, as co -sureties, and as their ad and deed any and all bonds and other undertaking in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: Fifty Million and 00/100 Dollars ($50,000,000.00) This Power of Attorney is granted and is signed and sealed under and by the authority ofthe following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED, Thatthe President, any Senior Vice President, Vice President, Assistant Vice President, Secretary, Assistant Secretary, Treasurer or Assistant Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 4th day of June 12021 . SureTec Insurance Company �`�SVRANCF�O o�OIVC �n' ark I surance mpany W X 9, =_Y SEAL oc' mot'- g By. Michael G Keimig, President 7� `�, 1 5� 1e %irtlq�5 •� t�� y ndey Jenni Vice President State of Texas ...N"* . t*u1,,```�� County of Harris: On this 4th day of June , 2021 A. D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COM PANI ES, to me personally known to be the individuals and officers described in, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals ofsaid Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force. IN TESTI MONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. Ue, YENIA�CHAVEZ a° ` Notary Public. State of Texas Notary IQ# 12911765-9 By My Gomtnm ssi0n Expires X . is havez, Notary Public SEPTEMBEA 10,•204 y ommission expires 9/10/2024 We, the undersigned Officers of SureTec Insurance Company and Markel Insurance Company do herby certify that the original POWER OF ATTORNEY ofwhich the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the 22nd day of December 2422 ur clnsur nce ny _ _---- Ma eIInsurance Company G ey By: M. BrAt Beaty, Assist nt Secretary Andrew Marquis, Assistant Sec ry Any Instrument Issued in exmss of the penalty stated above is totally void and without anyealid ity. 3710042 For verification of the authority of this Power you may call (713)812-0800 on any business day between 8:30 AM and 5:00 PM CST. Attachment 2 Page 48 of 74 Exhibit A - 41 of 67 NI:AIATMDocument A31 2 - 2010 Performance Bond CONTRACTOR: (Name, legal status and address) H&J Construction, Inc PO Box 2432 Eugene, OR 97402 OWNER: (Name, legal status and address) City of Springfield 225 Fifth Street Springfield, OR 97477 CONSTRUCTION CONTRACT Date: 12/06/22 Amount: $1,094,076.00 Bond # 4460329 SURETY: (Name, legal status and principal place of business) Markel Insurance Company gg 4521 Highwoods Pkwy Glen Sll sndocumenOthas important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. One Million, Ninety Four Thousand, Seventy Six Dollars no/100ths Description: (Name and location) Project P21181 -- S. 37th, S 38th, Janus Street and Osage St. Sanitary Sewer Extension BOND Date: 12/22/2022 (Not earlier than Construction Contract Date) Amount: $1,094,076.00 Modifications to this Bond: ✓❑ None ❑ See Section 16 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Core Seal) H&J Construction Inc Markel Insuran Com ny Signature: Signator . Name r/+t'e r,•,t d1 D_ � Name R M. Paiement, Attorn y -in -Fact and Title: V Y� G�(�q/ and Title: (Any additional signatures appear on the last page of this Performance t and.) (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or otherparty.) The Rider Attached Hereto Is Incorporated in this Bond and Contains Important Coverage Information Init. AIA Document A312' —2010. The American Institute of Architects. This document was created on under the terms of AIA Documents -on -Demand TM order no. , and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior to.itllaC" l�ilrrtion. 2 Page 49 of 74 061010 Exhibit A - 42 of 67 Init. § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. AIA Document A312 TM — 2010. The American Institute of Architects. This document was created on 09/2012010 16:08:23 under the terms of AIA Documents-on-Demand7m order no. 2005199009, and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior t%Tt9o(.:I IfT1Cl It 2 Page 50 of 74 //��iiLi Exhibit A - 43 of 67 § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perforin and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. Init. AIA Document A312Tm —2010. The American Institute of Architects. This document was created on 09120/2010 16:08:23 under the terms of AIA Documents -on -Demand' order no. 2005199009, and is not for resale. This document is licensed by The American Institute of Architects for 3 one-time use only, and may not be reproduced prior tc IttStaCm lletion 2 Page 51 of 74 Exhibit A - 44 of 67 § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of addedparties, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA Document A312 TM — 2010. The American Institute of Architects. This document was created on 09/20/2010 16:08:23 under the terms of Init. AIA Documents -on -Demand' order no. 2005199009, and is not for resale. This document is licensed by The American Institute of Architects for 4 one-time use only, and may not be reproduced prior to, ted8fiIfMenlit 2 Page 52 of 74 Exhibit A - 45 of 67 POA# 3710042 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SureTec I nsurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris, Texas and Markel Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the state of Illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint: Ray M. Paiement Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety or jointly, as co -sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: Fifty Million and 00/100 Dollars ($50,000,000.00) This Power of Attorney is granted and is signed and sealed under and by the authority ofthe following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED, Thatthe President, any Senior Vice President, Vice President, Assistant Vice President, Secretary, Assistant Secretary, Treasurer or Assistant Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel I nsurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 4th day of June 2021 . SureTec Insurance Companyt to/�OO `````ao�o����' ci By: °� ' 5 ; at SEAL -�= By: P. 1 Michael C. Keimig, President f �, State of Texas County of Harris: On this 4th day of June , 2021 A. D., before me, a Notary Public ofthe State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANI ES, tome personally known to be the individuals and officers described in, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers ofthe said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction ofthe said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal atthe County of Harris, the day and year first above written. ,2oi;PV'P� XtNINCHAVEZ Nolitxy Public, State of Texas +4*= Notary ID# 12911765-9 By k My Commission Expires X is i havez, Notary Public ,O„,`5""SEPTEMBER 14, 2Q24 y .ommission expires 9/10/2024 We, the undersigned Officers of SureTec Insurance Company and Markel Insurance Company do herby certify that the original POWER OF ATTORNEY ofwhich the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, we have hereunto setour hands, and affixed the Seals of said Companies, on the 22nd day of December 2022 VBrAtBeaty, nce any --- Ma el Insurance Company By. By: MAssistant Secretary ndrew Marquis, Assistant Se ry Any Instrument Issued in excess of the penalty stated above is totally void and without anyvalidity. 3710042 For verification of the authority of this Power you may call (713)812-0800 on any business day between 8:30 AM and 5:00 PM CST. Attachment 2 Page 53 of 74 Exhibit A - 46 of 67 / ACOR" CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 12/29/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER M&G Insurance and Risk Management 450 Country Club Rd Ste 100 Eugene OR 97401 CONTACT NAME: Donna ROva PHONE FAX AIC No Ext): 541-293-8200 AIC No): 503-297-1328 ADDRESS: donnar@mymgteam.com INSURER(S) AFFORDING COVERAGE NAIC # Y INSURERA: Ohio Security Insurance Co. 24082 11/22/2022 INSURED H&JCONS-01 H&J Construction, Inc. PO Box 2432 INSURER B : SAIF Corporation 36196 INSURER C: AGCS Marine Insurance Company 22837 INSURER D : Eugene OR 97402 INSURER E : INSURER F, $ 1,000,000 COVERAGES CERTIFICATE NUMBER: 1145715276 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y BKS63799043 11/22/2022 11/22/2023 EACH OCCURRENCE $1,000,000 Fv� CLAIMS -MADE OCCUR DAMAGE TO PREM SES a o_cur RENTED nce $ 1,000,000 MED EXP (Any one person) $ 10,000 Ltd Jobsite Poll PERSONAL & ADV INJURY $ 1,000,000 X AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 GEN'L POLICY jE LOC PRODUCTS - COMP/OP AGG $ 2,000,000 Ltd Jobsite Pollutio $ 300,000 OTHER: A AUTOMOBILE LIABILITY BAS63799043 11/22/2022 11/22/2023 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X HIRED�( NON -OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLA LAB X OCCUR US063799043 11/22/2022 11/22/2023 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED X RETENTION $ In nnn $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N 744797 10/1/2022 10/1/2023 X STATUTE ETH OR ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Installation Floater SML 93026121 11/22/2022 11/22/2023 Installation Floater $400,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder and all other entities are additional insureds when specified by written contract. Coverage is primary & non-contributory and includes waiver of subrogation when required by written contract. All subject to the terms, conditions and exclusions of the policies. The following attached endorsement applies, CG8810; GL 3085; Limited Auto Pollution CA9948; Auto Plus ENDT AC8501; Limited Jobsite Pollution CG8881. Umbrella Excess Liability goes over GL, Auto, and Employers Liability. Project: P21181 S. 37th, S 38th, Janus Street and Osage St Sanitary Sewer Extension CERTIFICATE HOLDER CANCELLATION ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORDAAtWhpd&do230agos54edfgatks of ACORD Exhibit A - 47 of 67 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Springfield ACCORDANCE WITH THE POLICY PROVISIONS. 225 Fifth Street AUTHORIZED REPRESENTATIVE Springfield OR 97477 United States ;— ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORDAAtWhpd&do230agos54edfgatks of ACORD Exhibit A - 47 of 67 COMMERCIAL GENERAL LIABILITY CG 86 11 10 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU - CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 2. of Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract or written agreement. Such person or organization is an additional insured but only with respect to liability for "bodily injury" or "property damage": 1. Caused by "your work" performed for that additional insured that is the subject of the written contract or written agreement; and 2. Included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a claim or "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section Ill - Commercial General Liability Condi- tions. B. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: 1. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. 2. "Bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawing and specifications; and b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrong- doing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any profes- sional services. 0 2016 Liberty Mutual Insurance CG 86 11 10 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 Attachment 2 Page 55 of 74 Exhibit A - 48 of 67 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill - Limits of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations. whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. D. With respect to the insurance afforded by this endorsement, Section IV - Commercial General Liability Conditions is amended as follows: 1. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claims Or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. Paragraph 4. of Section IV - Commercial General Liability Conditions is amended as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. b. The following is added to Paragraph b. Excess Insurance. When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. © 2016 Liberty Mutual Insurance CG 86 11 10 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2 Attachment 2 Page 56 of 74 Exhibit A - 49 of 67 COMMERCIAL GENERAL LIABILITY CG 88 60 12 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EACH LOCATION GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. For all sums which the insured becomes legally obligated to pay as damages caused by 'occurrences" under Section I - Coverage A - Bodily Injury And Property Damage Liability, and for all medical ex- penses caused by accidents under Section I - Coverage C Medical Payments, which can be attributed only to operations at a single "location" owned by or rented to you: 1. A separate Each Location General Aggregate Limit applies to each "location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Each Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard", and for medical expenses under Coverage C regard- less of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Each Location General Aggregate Limit for that "location". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Each Location General Aggregate Limit for any other "location". 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Each Location General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A - Bodily Injury And Property Damage Liability, and for all medical ex- penses caused by accidents under Section I - Coverage C Medical Payments, which cannot be attrib- uted only to operations at a single "location" owned by or rented to you: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -Completed Operations Aggregate Limit, whichever is applicable; and 2, Such payments shall not reduce any Each Location General Aggregate Limit. C. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Each Location General Aggregate Limit. D. For the purposes of this endorsement, the following definition is added to Sectio n V - Definitions: "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. E. The provisions of Section III - Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. CG 88 60 12 08 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 1 Attachment 2 Page 57 of 74 Exhibit A - 50 of 67 COMMERCIAL AUTO CA 99 48 03 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLLUTION LIABILITY - BROADENED COVERAGE FOR COVERED AUTOS - BUSINESS AUTO, MOTOR CARRIER AND TRUCKERS COVERAGE FORMS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. Liability Coverage is changed as follows: 1. Paragraph a. of the Pollution Exclusion applies only to liability assumed under a contract or agreement. 2. With respect to the coverage afforded by Paragraph A.1. above, Exclusion 113.6. Care, Custody Or Control does not apply. B. Changes In Definitions For the purposes of this endorsement, Para- graph D. of the Definitions Section is replaced by the following: D. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statu- tory or regulatory requirement that any "insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants"; or 2. Any claim or "suit" by or on behalf of a governmental authority for dam- ages because of testing for, monitor- ing, cleaning up, removing, contain- ing, treating, detoxifying or neutralizing, or in any way respond- ing to or assessing the effects of "pollutants". "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollu- tants": a. Before the "pollutants" or any prop- erty in which the "pollutants" are contained are moved from the place where they are accepted by the "in- sured" for movement into or onto the covered "auto"; or b. After the "pollutants" or any proper- ty in which the "pollutants" are con- tained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured." Paragraphs a. and b. above do not apply to "accidents" that occur away from premises owned by or rented to an "in- sured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (2) The discharge, dispersal, seep- age, migration, release or es- cape of the "pollutants" is caused directly by such upset, overturn or damage. CA 99 48 03 06 ARbWr�W�0%g8'(58 W4 Page 1 of 1 Exhibit A - 51 of 67 COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY -ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 3 ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU CG 88 10 04 13 Includes copyrighted mfi��� 401 waYsc��tadNTirInc., with its permission. Page 1 of 8 Exhibit A - 52 of 67 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY -ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. WA CG 88 10 04 13 Includes copyrighted mfif�P���ot����af�c�aNubfficee,, Inc., with its permission. Page 2 of 8 Exhibit A - 53 of 67 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or CG 88 10 04 13 Includes copyrighted mA011����af� N fif� co fflicelnc., with its permission. Page 3 of 8 Exhibit A - 54 of 67 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. CG 88 10 04 13 Includes copyrighted mfifAA011 Maf�cV t c ubfficee,, Inc., with its permission. Page 4 of 8 Exhibit A - 55 of 67 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. CG 88 10 04 13 Includes copyrighted mfi AAoo'HNaf�cV#0id ubfficee,, Inc., with its permission. Page 5 of 8 Exhibit A - 56 of 67 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS / MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II -Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and CG 88 10 04 13 Includes copyrighted mfif�P���blub�af�ct c�s�ubfficee,, Inc., with its permission. Page 6 of 8 Exhibit A - 57 of 67 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior 'occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior 'occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an 'occurrence", offense, claim or "suit' by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V - Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. CG 88 10 04 13 Includes copyrighted mfifAA011 Naf�cV t Officen, Inc., with its permission. Page 7 of 8 Exhibit A - 58 of 67 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. WS CG 88 10 04 13 Includes copyrighted mfif� iAbl1��b�af�c MARubfficee,, Inc., with its permission. Page 8 of 8 Exhibit A - 59 of 67 COMMERCIAL GENERAL LIABILITY CG 88 70 12 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONSTRUCTION PROJECT(S) - GENERAL AGGREGATE LIMIT (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. For all sums which the insured becomes legally obligated to pay as damages caused by 'occurrences" under Section I - Coverage A - Bodily Injury And Property Damage Liability, and for all medical ex- penses caused by accidents under Section I - Coverage C Medical Payments, which can be attributed only to ongoing operations at a single construction project away from premises owned by or rented to you: 1. A separate Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations . 2. The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard", and for medical expenses under Cov- erage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by 'occurrences" under Section I - Coverage A - Bodily Injury And Property Damage Liability, and for all medical ex- penses caused by accidents under Section I - Coverage C Medical Payments, which cannot be attrib- uted only to ongoing operations at a single construction project away from premises owned by or rented to you: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D. If the applicable construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Section III - Limits Of Insurance not otherwise modified by this endorsement shall continue to apply. CG 88 70 12 08 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 1 Attachment 2 Page 67 of 74 Exhibit A - 60 of 67 COMMERCIAL AUTO AC 85 01 06 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAL] IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. If the policy to which this endorsement is attached also contains a Business Auto Coverage Enhancement Endorsement with a specific state named in the title, this endorsement does not apply to vehicles garaged in that specified state. COVERAGEINDEX SUBJECT PROVISION NUMBER ACCIDENTAL AIRBAG DEPLOYMENT 13 ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 4 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 21 AMENDED FELLOW EMPLOYEE EXCLUSION 6 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 15 BODILY INJURY REDEFINED 25 EMPLOYEES AS INSUREDS (Including Employee Hired Auto) 3 EXTRA EXPENSE -BROADENED COVERAGE 11 GLASS REPAIR- WAIVER OF DEDUCTIBLE 17 HIRED AUTO COVERAGE TERRITORY 23 HIRED AUTO PHYSICAL DAMAGE (Including Employee Hired Auto) 7 LOAN I LEASE GAP (Coverage Not Available In New York) 16 NEWLY FORMED OR ACQUIRED SUBSIDIARIES 2 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 18 PERSONAL EFFECTS COVERAGE 12 PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 9 PHYSICAL DAMAGE DEDUCTIBLE -VEHICLE TRACKING SYSTEM 14 PRIMARY AND NON-CONTRIBUTORY -WRITTEN CONTRACT OR WRITTEN AGREEMENT 24 RENTAL REIMBURSEMENT 10 SUPPLEMENTARY PAYMENTS 5 TOWING AND LABOR 8 TRAILERS - INCREASED LOAD CAPACITY 1 TWO OR MORE DEDUCTIBLES 19 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 20 WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US 22 SECTION I - COVERED AUTOS is amended as follows: 1. TRAILERS - INCREASED LOAD CAPACITY The following replaces Paragraph C.1. Certain Trailers, Mobile Equipment And Temporary Substitute Autos of SECTION 1 - COVERED AUTOS: "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. O 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted )tgSQ ff2rftVgj sgff?aInc.,with its Permission Exhibit A - 61 of 67 Page 1 of 7 SECTION 11 - LIABILITY COVERAGE is amended as follows: 2. NEWLY FORMED OR ACQUIRED SUBSIDIARIES SECTION 11 - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured": d. Any legally incorporated subsidiary of which you own more than 50 percent interest during the policy period. Coverage is afforded only for 90 days from the date of acquisition or formation. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an "insured" under any other automobile policy except a policy written specificall y to apply in excess of this policy; or (3) Has exhausted its Limit of Insurance or had its policy terminated under any other automobile policy. Coverage under this provision d. does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 3. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, Paragraph A.I. Who Is An Insured is amended to include the following as an "insured": e. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any "employee". f. Any "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "emp[oyee's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 4. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION 11 - LIABILITY COVERAGE, Paragraph A.I. Who Is An Insured is amended to include the following as an "insured": g. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, written agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured" However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or written agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit. The "insured" is required to submit a claim to any other insurer to which coverage could apply for defense and indemnity. Unless the "insured" has agreed in writing to primary noncontributory 0 wording per enhancement number 24, this policy is excess over any other collectible insurance. 5. SUPPLEMENTARY PAYMENTS SECTION 11 - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, Paragraphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. © 2097 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted ( lqHbHtL2aF gog bg" Inc., with its Permission. Page 2 of 7 Exhibit A - 62 of 67 6. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow "employees" are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provi- sion is added: SECTION II - LIABILITY, Exclusion B.5. Fellow Employee does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire if you have workers compensation insurance in force for all of your "employees" at the time of "loss". This coverage is excess over any other collectible insurance. SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: 7. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of g Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: a. The most we will pay for 'loss" in any one "accident" or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss'; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. b. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. c. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. d. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial lass. e. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee" or any member of your "employee's" household. Coverage provided under this extension is excess over any other collectible insurance available at the time of "loss". 8. TOWING AND LABOR SECTION III - PHYSICAL DAMAGE COVERAGE, Paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled: a. For private passenger type vehicles, we will pay up to $75 per disablement. b. For "light trucks", we will pay up to $75 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have agross vehicle weight (GVW) of 10,001 -20,000 pounds. However, the labor must be performed at the place of disablement. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrightedM HHyntu2aFrNa&"s&" Inc., with its Permission. Page 3 of 7 Exhibit A - 63 of 67 9. PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A -4-a- Coverage Extensions, Transportation Expenses of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of $50 per day and a maximum limit of $1,500. 10. RENTAL REIMBURSEMENT SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those ex- penses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement requires the rental of a comparable or lessor vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". This limit is excess over any other collectible insurance. d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill. e. if "loss" results from the total theft: of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. g. The insurance provided under this extension is excess over any other collectible insurance. If this policy also provides Rental Reimbursement Coverage you purchased, the coverage provided by this Enhancement Endorsement is in addition to the coverage you purchased. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 12.13. 11. EXTRA EXPENSE - BROADENED COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, we will pay for the expense of returning astolen covered "auto" to you. The maximum amount we will pay is $1,000. 12. PERSONAL EFFECTS COVERAGE A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V - DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an "insured." "Personal effects" does not include tools, equipment, jewelry, money or securi- ties. 13. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or warranty. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrightesAfnpofi"hy27gD lleE)p�4e Inc., with its Permission. Page 4 of 7 Exhibit A - 64 of 67 14. PHYSICAL DAMAGE DEDUCTIBLE -VEHICLE TRACKING SYSTEM SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible, is amended by adding the following: Any Comprehensive Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global position device and that device was the method of recovery of the vehicle. 15. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph a. of the exception to exclu- sions 4.c. and 4.d. is deleted and replaced with the following: Exclusions 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not de- signed solely for the reproduction of sound, if the equipment is; (1) Permanently installed in the covered "auto" at the time of the "loss" or removable from a housing unit that is permanently installed in the covered "auto"; and (2) Designed to be solely operated by use from the power from the "auto's" electrical system; and (3) Physical damage coverages are provided for the covered "auto". If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. N 16. LOAN 1 LEASE GAP COVERAGE (Not Applicable In New York:) A. Paragraph C. Limit Of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss"; b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear; c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insur- ance purchased with the loan or [ease; d. Transfer or rollover balances from previous loans or leases; e. Final payment due under a "Balloon Loan"; f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto'; g. Security deposits not refunded by a lessor; h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto"; L Any amount representing taxes; j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. Additional Conditions This coverage applies only to the original loan for which the covered "auto" that incurred the "foss" serves as collateral, or lease written on the covered "auto" that incurred the "loss". © 20171-iberty Mutual Insurance AC 85 01 06 18 Includes copyrightedMi liHL=JML pcAo&- ,Z r&" [nc.,with its Permission. Page 5 of 7 Exhibit A - 65 of 67 C. SECTION V - DEFINITIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. 17. GLASS REPAIR- WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 18. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and c. Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. 19. TWO OR MORE DEDUCTIBLES Under SECTION III - PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same "accident", the following applies to Paragraph D. Deductible: a. If the applicable Business Auto deductible is the smaller (or smallest) deductible, it will be waived; or b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible , it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the "loss" involves two or more Business Auto coverage forms or policies, the smaller (or smallest) deductible will be waived. For the purpose of this endorsement, company means any company that is part of the Liberty Mutual Group. SECTION IV -BUSINESS AUTO CONDITIONS is amended as follows: 20. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the incep- tion date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. © x2017 Liberty Mutual Insurance AC 88 01 06 18 Includes copyrightedAiTtter! I o lnniuTrpe Se ' y Qfrn Inc., with its Permission. Page 6 of 7 Exhibit A - 66 of 67 i 21. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph A.2.a. is replaced in its entirety by the follow- ing: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to; (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) Member, if you are a limited liability company; (4) An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: (a) How, when and where the "accident" or "loss" took place; (b) The "insureds" name and address; and (c) The names and addresses of any injured persons and witnesses. m r 22. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph A.S. Transfer Of Rights Of Recovery Against Others To Us, is amended by the addition of the following: If the person or organization has in a written agreement waived those rights before an "accident" or "loss", our rights are waived also. 23. HIRED AUTO COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph 8.7. Policy Period, Coverage Territory, is amended by the addition of the following: f, For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the "insured's" responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. 24. PRIMARY AND NON-CONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREE- MENT The following is added to SECTION IV - BUSINESS AUTO CONDITIONS, General Conditions, B.S. Other Insurance and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". SECTION V - DEFINITIONS is amended as follows: 25. BODILY INJURY REDEFINED ° Under SECTION V - DEFINITIONS, Definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrightedAt4h�blhfup"ag"s&" Inc., with its Permission. Page 7 of 7 Exhibit A - 67 of 67 ATT3 P21181 Vicinity Map , NNOW1,01-0- 1. 'J6 1- 1, ulff WOMM CO ac� 21 bob Attachment 3 Page 1 of 1