City of Detroit Request for Competitive Quotes

Silver Bullet Generator & ATS

In accordance with ORS 279C.412 and ORS 279C.414, the City of Detroit (“City”) is informally soliciting competitive quotes (“Quotes”) from licensed and qualified contractors to provide certain construction services for and on behalf of the City (the “Services”) as described in this Request for Competitive Quotes (this “RFQ”).

PROJECT BACKGROUND

The City of Detroit, located in Marion County, is looking to make improvements to their Silver Bullet Raw Water

Reservoir and Pump Station. The City is seeking licensed, qualified, and bonded contractors to complete a design build project that would specify, purchase, and install a new permanent standby generator and automatic transfer switch (ATS) at this pump station. This project is funded through ARPA funds administered by Business Oregon.

Respondents should structure their proposals accordingly. The City reserves the right to award the full scope of work, a reduced scope, or any portion of the project that is deemed to be in the City’s best interest. The City may also reject any or all proposals if they exceed available funding or otherwise fail to meet the City’s needs.

SCOPE OF WORK

The City of Detroit is seeking competitive quotes from licensed and qualified electrical contractors to provide design/build services for the installation of a new diesel generator and automatic transfer switch (ATS) at the Silver

Bullet Pump Station. The Contractor shall furnish all materials, labor, and equipment necessary to complete the following work:

• Design and installation of a new diesel generator system and automatic transfer switch (ATS).

• Construct new concrete slabs for both the generator and ATS.

• Excavate and install underground electrical conduit for power and control connections between new and existing equipment.

• Provide all conduits, conductors, fittings, and accessories required for complete and functional power and control circuits.

• Coordinate all required underground utility locates before excavation.

• Provide erosion and sediment control measures as needed to prevent site impact.

• Supervise and perform startup and testing of the generator and ATS.

• Obtain all necessary electrical permits and coordinate with the local electrical inspector and power utility as required.

• Provide training for City staff on operation and maintenance of the generator and ATS.

• Design of seismic anchor bolts for the generator.

The electrical contractor submitting a quote should be familiar with the electrical demand of the site. This means a site visit is required to be made by the quoting contractor to obtain demand information, this will not be provided by the City. Generator shall be sized to support the full demand of the pump station. Inquiring contractors shall coordinate a site visit with the City. Site visits will not be offered after March 30th, 2026.

REQUIRED QUALIFICATIONS

All bidders must have experience with installing permanent standby generators for water or wastewater systems.

Contractor shall supply at least three references for municipal generator installations that may be verified.

FORM OF QUOTE SUBMISSION

The following minimum requirements as to the form and manner of submitting Quotes must be strictly observed;

variance from these requirements will result in rejection of the Quote as unresponsive. A contractor interested in performing the Services (or a portion of the Services) must submit a written Quote, on the quote form attached hereto as Exhibit A, containing the following information:

1. Contractor’s name, CCB license number, address, contact information, and the name of the primary contact in reference to the proposal.

2. A work plan and accompanying time schedule for availability to complete the Services described under above Tasks, as applicable.

3. Contractor’s estimated cost to perform the Services.

Each contractor must sign its Quote. The quote form must be used without alteration. All blank spaces in the quote form must be filled in, in ink, or typed, in both words and figures, where required.

BONDS & PREVAILING WAGES

Work under this contract is subject to the state prevailing rates of wage under ORS 279C.800 to 279C.870. Prevailing wage rates for public works contracts in Oregon are required for this project. No bid will be received or considered by the Owner unless the bid contains: 1) a statement that the bidder will comply with the provisions of ORS

279C.840; 2) a statement as to whether the bidder is a resident bidder as defined in ORS 279A.120. Oregon State

Bureau of Labor and Industries (BOLI) wage rate determinations can be found at the following link https://www.oregon.gov/boli/WHD/PWR/pages/index.aspx.

All Contractors must be licensed and bonded. Performance Bond will be required for this work, a Payment bond will not be required. The Performance Bond is included in Exhibit C

SUBMISSION OF QUOTES

To be considered, please submit your Quote to Matthew Del Moro, PE, City Engineer, via email at mdelmoro@hbh-consulting.com or by mail or hand delivery at the address provided below:

HBH Consulting Engineers, Inc.

Attn: Matthew Del Moro, City Engineer

501 E 1st St

Newberg, OR 97132

Please clearly label the outside of the envelope (or fill in the email subject line with) “City Hall Kitchen Septic

Project.” Quotes must be received by City on or before April 7th, 2026, at 2:00 pm. Quotes received after the deadline date/time will not be considered. Notwithstanding anything contained in this RFQ to the contrary, if in

City best interest, City reserves the right to, in accordance with Oregon law, (a) amend and/or revise this RFQ in whole or in part, (b) cancel this RFQ, (c) extend the submittal deadline for responses to this RFQ, (d) waive minor informalities and errors in such Quotes, and/or (e) reject all Quotes for any reason and/or without indicating reasons for rejection. Further, City reserves the right to seek clarification(s) from each contractor and/or require supplemental information for any contractor. This RFQ does not obligate the City to award a contract and/or to procure the Services described herein.

INSURANCE REQUIREMENTS

The contractor(s) will be required to meet all provisions of the Agreement (defined below), including, without limitation, the following minimum levels of insurance:

1. Commercial General Liability Insurance covering bodily injury and property damage in a form and with coverages that are satisfactory to City, including personal injury liability, products and completed operations, and contractual liability coverage for the indemnity provided under the Agreement. The insurance will have a combined single limit of not less than $1,000,000, and an aggregate limit of not less than $2,000,000. The insurance will name City and its officers, agents, and employees as additional insureds. Prior to execution of the Agreement, the contractor will deliver to City certificates (and any related endorsements) evidencing the insurance contractor is required to obtain under the Agreement.

2. Automobile Liability Insurance with limits of not less than $500,000 combined single limit or split limits of $250,000 per person, $500,000 per occurrence and $250,000 property damage. The insurance will name

City and its officers, agents, and employees as additional insureds. Prior to execution of the Agreement, the contractor will deliver to City certificates (and any related endorsements) evidencing the insurance contractor is required to obtain under the Agreement.

3. Workers’ Compensation Coverage. Unless exempt, the contractor will have Workers’ Compensation insurance satisfying the requirements of applicable Oregon law. Workers’ Compensation coverage will contain a waiver of subrogation in favor of City.

AWARD OF CONTRACT

If a contract is awarded, City will award the contract(s) to the contractor(s) whose Quote will best serve the interests of City, primarily taking into account price as well as considerations, including, without limitation, experience, specific expertise, availability, project understanding, contractor capacity, responsibility and similar factors.

Contractors responding to this RFQ do so at their own expense and City is not responsible for any costs and/or expenses associated with the preparation and/or submission of any Quote. City reserves the right to enter into one or more contracts concerning certain portion of the Services.

If a contract is awarded, City and the selected contractor(s) will enter into City’s Construction Services Agreement.

The Agreement will contain terms and conditions required under applicable law and will otherwise be in form and content satisfactory to City. Without otherwise limiting the generality of the immediately preceding sentence, the

Agreement will include terms and conditions concerning, among other things, acceptable standards of performance, compensation, minimum insurance requirements, compliance with laws, indemnification, representations and warranties, City’s right to terminate the Agreement and/or declare a default under the Agreement, the consequences for contractor’s failure to perform its obligations under the contract, and City’s right to seek damages and other relief available to City under contract and applicable law. Each contractor is responsible for inspecting the project site, and confirming the project work conditions, prior to submitting a Quote.

If you have any questions regarding this RFQ, or to arrange a site visit, please contact Michelle Connor by telephone

(503-979-2277) or via email (mconnor@detroitor.gov).

Exhibit A

Silver Bullet Generator & ATS - Quote Form

Date: ______________________________ Time:_______________________

TO: City of Detroit

Attn: Michelle Connor, City Recorder

345 Santiam Ave S

Detroit, OR 97342 mconnor@detroitor.gov

The undersigned, hereinafter called the “Contractor,” declares that the only persons or parties interested in this Quote are those named herein; that this Quote is, in all respects, fair and without fraud; and it is made without collusion with any official of the City of Detroit, Oregon, hereinafter called “City”; and that this Quote is made without any connection or collusion with any person making another Quote on the Agreement (as defined below).

Contractor agrees that all of the applicable provisions of Oregon law relating to public contracts (ORS Chapter

279A, 279B & 279C) and the District’s public contracting rules are, by this reference, incorporated in and made a part of this Quote. Contractor hereby states that Contractor agrees to be bound by and comply with the provisions of ORS 279C.838, 279C.840 or 40 U.S.C. 3141 to 3148, as applicable.

Contractor certifies that Contractor has not discriminated and will not discriminate against minority, women or emerging small business enterprises in obtaining required subcontracts.

Contractor agrees that if this Quote is accepted, Contractor will, within fourteen (14) days after notification of acceptance, execute an agreement with the City in the form of agreement attached to the Request for

Competitive Quotes (the “Agreement”); and will, at the time of execution of the Agreement, deliver to the City proof of the required insurance; and will, to the extent of this Quote, furnish all labor necessary to complete the work in the manner, in the time, and according to the methods as specified in the Agreement and required by the City Council.

Contractor agrees to commence work upon the issuance of a “Notice to Proceed” by the City and fully complete the project according to the times specifically set forth in the Agreement. Contractor further agrees to pay liquidated damages as set forth in the Agreement for failure to complete within the specified time.

CONTRACTOR INFORMATION

FROM: Contractor’s Name:

Primary Contact:

Address:

City/State:

Telephone:

Email:

CCB #:

Operating as (strike out conditions that do not apply) an individual, a Limited Liability Company, a Corporation, organized and existing under the law of the State of , or a Sole

Proprietorship, a Partnership, or Joint Venture consisting of

[Circle one.] Contractor (is) (is not) a resident of the State of Oregon. If Contractor is a resident of another state, specify state of residency: .

Having become completely familiar with the local conditions and legal requirements affecting the cost of Services (as the term is defined in the Request for Quotes) at the place where Services are to be executed, and having carefully examined the site conditions as they currently exist, and having carefully examined the scope of work prepared by HBH Consulting Engineers, Inc., together with any addenda, the undersigned hereby proposes and agrees to provide all labor, equipment, transportation, fittings, insulation, and other facilities and services as necessary and/or required to execute all of the Services described in project Tasks in the Scope of Work (as defined in the Request for Quotes) for each of the following:

QUOTE – TASK 1:

1. Site Work, Lump Sum:

QUOTE TOTAL: _____________________________________Total Dollars ($______________), said amount being hereinafter referred to as the “Task 1 Quote.”

QUOTE – TASK 2:

2. Purchase of Equipment, Lump Sum:

said amount being hereinafter referred to as the “Task 2 Quote.”

QUOTE – TASK 3:

3. Install of all Equipment Except Setting & Connection of Generator, Lump Sum:

said amount being hereinafter referred to as the “Task 3 Quote.”

QUOTE – TASK 4:

4. Install & Connect Generator, Lump Sum:

said amount being hereinafter referred to as the “Task 4 Quote.”

QUOTE – TASK 5:

5. Startup & Training, Lump Sum:

said amount being hereinafter referred to as the “Task 5 Quote.”

QUOTE – TASK 6:

6. Drawings, Permits, & Incidentals, Lump Sum:

said amount being hereinafter referred to as the “Task 6 Quote.”

TOTAL QUOTE:

TOTAL NOT TO EXCEED QUOTE: $______________________________________

ADDITIONAL CRITERIA:

1. Contractor will address the following criteria on a separate sheet and attach to this form:

a) Contractor shall provide a schedule of availability to complete the work described in the RFQ.

b) Contractor shall read and agree to the contract clauses included in Exhibit B.

Contractor shall sign and return a copy of the Certification Regarding Lobbying included in the contract clauses.

2. The City reserves the right to award the entire scope of work or portions thereof, depending on available funding. Work on the project will proceed until the allocated funds are depleted.

Bidders must include all costs associated with each work item for each street within the specified bid item. No additional compensation will be provided for work that is removed from the contract.

CONTRACTOR:

[Company Name]

By: Its: ______________________________

Exhibit B

ARPA Contract Clauses

(attached)

ARPA/SLFRF Required Contract Clauses

Clauses for All Contracts:

☐ Contractor must be registered in SAM.gov. - The Contractor shall register in the System for Award Management (SAM), which is the primary registrant database for the U.S.

Federal Government and shall update the information at least annually after the initial registration and maintain its status in the SAM through the Term of this Agreement.

Information regarding the process to register in the SAM can be obtained at Sam.gov

☐ Whistleblower - Contractor receiving ARPA funds shall under or through this contract post notice of the rights and remedies provided to whistleblowers under No Fear Act Pub.

L. 107-174. 29 CFR § 1614.703 (d).

☐ Inspections; Information - Contractor shall permit, and cause its subcontractors to allow the State of Oregon, the federal government and any party designated by them to:

• Examine, visit and inspect, at any and all reasonable times, the property, if any, constituting the Project.

• Inspect and make copies of any accounts, books and records, including, without limitation, its records regarding receipts, disbursement, contracts, and any other matters relating to the Project, and to its financial standing, and shall supply such reports and information as reasonably requested.

• Interview any officer or employee of the Contractor, or its subcontractors, regarding the Project.

☐ Equal Opportunity - Contractor shall comply with Executive Order 11246 of September

24, 1965, entitled ‘‘Equal Employment Opportunity,’’ as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60).

☐ Copeland “Anti-Kickback” Act - Contractor shall comply with the Copeland “Anti- Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

☐ Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see

2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2

CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689

(3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive

Order 12549.

☐ Prohibition on purchasing telecommunications or surveillance equipment, services, or systems. As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending loan or grant funds to procure or obtain;

extend or renew a contract to procure or obtain; or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment, video surveillance services or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE

Corporation (or any subsidiary or affiliate of such entities). Prohibitions extend to the use of Federal funds by recipients and subrecipients to enter into a contract with an entity that “uses any equipment, system, or service that uses covered telecommunications equipment or services” as a substantial or essential component of any system, or as critical technology as part of any system. Certain equipment, systems, or services, including equipment, systems, or services produced or provided by entities subject to the prohibition are recorded in the System for Award Management exclusion list.

☐ Preference to United States made goods. - As appropriate and to the extent consistent with law, the contractor should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section:

(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

(2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber;

and lumber.

☐ Procurement of recovered materials over $10,000. - The Contractor must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part

247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

☐ Termination for cause and for convenience - Contractor shall address termination for cause and for convenience, including the manner by which it will be affected and the basis for settlement.

The Contract Owner shall have the option, in its sole discretion, to terminate this

Agreement, at any time during the term hereof, for convenience and without cause. The

Contract Owner shall exercise this option by giving Contractor written notice of termination. The notice shall specify the date on which termination shall become effective.

☐ Certification form located in Appendix I. Byrd Anti-Lobbying Amendment (31 U.S.C.

1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used

Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352.

Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

☐ Note: Only include for contracts that involve the employment of mechanics or laborers. The Contract Work Hours and Safety Standards Act requires all contractors— prime and sub—to pay laborers and mechanics performing on a federal service contract and federal and federally assisted construction contract over $100,000, 1.5 times their basic rate of pay for all hours worked over 40 in a workweek. Employers are liable to employees for these unpaid wages. The failure of a contractor to comply with this Act may also result in liability under the False Claims Act. Employees who are due unpaid wages under the Contract Work Hours and Safety Standards Act may file a complaint with the Wage and Hour Division within the U.S. Department of Labor. The DOL may then enforce the provisions of the Act against violators.

☐ Contractor shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water

Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15).

Appendix I

Certification Regarding Lobbying

(Awards to Contractors and Subcontractors in Excess of $100,000) The undersigned certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any

Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of

Congress, or an employee of a Member of Congress in connection with this

Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signed :____________________

Title: ______________________

Date: ______________________

Exhibit C

Sample Agreement & Performance Bond

(attached)

CITY OF DETROIT – Silver Bullet Generator & ATS Agreement Project #2025-001

City of Detroit Page 1

THIS AGREEMENT is by and between City of Detroit (“Owner”) and XXX (“Contractor”).

Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows:

ARTICLE 1 - WORK

The Contractor shall complete all Work as specified or indicated in the Request for Competitive Quotes.

The work is generally described as follows:

The City of Detroit is seeking competitive quotes from licensed and qualified electrical contractors to provide design/build services for the installation of a new diesel generator and automatic transfer switch (ATS) at the Silver Bullet Pump Station. The Contractor shall furnish all materials, labor, and equipment necessary to complete the following work:

• Design and installation of a new diesel generator system and automatic transfer switch

(ATS).

• Construct new concrete slabs for both the generator and ATS.

• Excavate and install underground electrical conduit for power and control connections between new and existing equipment.

• Provide all conduits, conductors, fittings, and accessories required for complete and functional power and control circuits.

• Coordinate all required underground utility locates before excavation.

• Provide erosion and sediment control measures as needed to prevent site impact.

• Supervise and perform startup and testing of the generator and ATS.

• Obtain all necessary electrical permits and coordinate with the local electrical inspector and power utility as required.

• Provide training for City staff on operation and maintenance of the generator and ATS.

• Design of seismic anchor bolts for the generator.

ARTICLE 2 - THE PROJECT

2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described in Article 1 above.

City of Detroit Silver Bullet Generator & ATS Project No. 2025-001

ARTICLE 3 - CONTRACT TIMES

3.01 Time of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

3.02 Days to Achieve Substantial Completion and Final Payment

A. The Work will be completed and ready for final payment within 90 calendar days after the date when the Contract Time commences to run on the day indicated in the Notice to Proceed. A notice to Proceed may be given at any time after the Effective Date of the Agreement in 2026 after coordination of equipment lead times from selected contractor. All construction work on this project shall be completed no later than August 31st unless prior authorization given by the City Engineer.

3.03 Liquidated Damages

A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.02 above, plus any extensions allowed by the Owner in writing. The parties also recognize the delays, expense, CITY OF DETROIT – Silver Bullet Generator & ATS Agreement Project #2025-001

Page 2 City of Detroit and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $100 for each day that expires after the time specified in Paragraph 4.02.

ARTICLE 4 - CONTRACT PRICE

4.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds not to exceed the amounts determined pursuant to Paragraphs 5.01.A.

The estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Owner. Unit prices have been computed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item. Contractor shall not exceed any estimated quantities on the quote form without prior written authorization from the Owner. Unit quantities in excess of the estimated quantity that have not been approved by the Owner in writing, will be considered incidental to the project and will not be included for additional payment.

A. For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit price Work times the estimated quantity of that item as indicated in the Request for Qualified Contractors, Exhibit B – Quote Form and summarized below:

Total Not To Exceed Bid $ .

Contract amount will not exceed Total Bid amount shown above without warranted and approved change order.

ARTICLE 5 - PAYMENT PROCEDURES

5.01 Submittal and Processing of Payments

A. Contractor shall submit Applications for Payment to City of Detroit for review. Applications shall be filled out for work up until the date listed in the Application and shall be accompanied by any supporting documents for the work listed in the Application. Should more than one Application be used, a 5% retainage shall be withheld from progress payments until the work is completed. Retainage shall be paid out upon the completion of Contract work with the Final Payment.

5.02 Progress Payments; Retainage

A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment on or about the 25th day of each month during performance of the Work as provided in Paragraphs 6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established in the Quote Form:

1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may determine or Owner may withhold, including but not limited to liquidated damages:

a. 95 percent of Work completed (with the balance being retainage); and

b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage).

2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 95 percent of the Work completed, less such amounts as Owner shall determine for incorrect, defective, or damaged work.

City of Detroit Page 3

5.03 Final Payment

A. Upon receipt of the final Application for Payment, Owner shall pay Contractor the remainder of the Contract Price, less any sum Owner is entitled to, including but not limited to liquidated damages.

Contractor shall prepare contractor redlines of the work and provide them to the City for as built record.

ARTICLE 6 – CONTRACTOR’S REPRESENTATIONS

6.01 In order to induce Owner to enter into this Agreement Contractor makes the following representations:

A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents.

B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Contractor has carefully studied all:

E. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.

F. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.

G. Contractor has given Owner written notice of all conflicts, errors, ambiguities, or discrepancies that

Contractor has discovered in the Contract Documents, and the written resolution thereof by Owner is acceptable to Contractor.

H. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

I. Contractor is experienced and qualified to perform the Work and is properly staffed and financed to perform such services.

J. Contractor shall act as an independent contractor and not as an agent or employee of Owner in performing its services, maintaining control over its employees, and managing all subcontractors and suppliers.

ARTICLE 7 - CONTRACT DOCUMENTS

7.01 Contents

A. The Contract Documents consist of the following:

1. This Agreement.

2. Request for Competitive Quotes (RFQ) and all Attachments

3. Performance bond

4. Other bonds (N/A).

Page 4 City of Detroit

5. Addenda.

6. Exhibits to this Agreement (enumerated as follows):

a. Contractor’s Bid (Quote Form and Schedule of RFQ).

b. Documentation submitted by Contractor prior to Notice of Award.

c. Notice of Award

7. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto:

a. Notice to Proceed.

b. Work Change Directives.

c. Change Order(s).

B. The documents listed in Paragraph 7.01.A are attached to this Agreement (except as expressly noted otherwise above).

C. There are no Contract Documents other than those listed above in this Article 7.

D. The Contract Documents may be amended to provide for additions, deletions, and revisions in the

Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways.

a. A Field Order.

b. Owner’s written interpretation or clarification.

City of Detroit Page 5

ARTICLE 8 - MISCELLANEOUS

8.01 Assignment of Contract

A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

8.02 Successors and Assigns

A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

8.03 Severability

A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

8.04 Other Provisions

A. Tax Compliance. By its signature on this Contract, CONTRACTOR hereby certifies that it is not in violation of any Oregon tax law. For the purpose of this certification, "Oregon tax laws" includes, but may not be limited to, ORS Chapter 118, 314, 316, 317, 318, 320, 321, and 323, Oregon Laws 1981, as amended by subsequent versions of Oregon Laws); the Homeowner's and Renters Property Tax Relief Program under ORS 310.630 to 310.690; and any local tax laws administered by the Oregon Department of Revenue under ORS 305.620.

B. Access to Records: For not less than three (3) years after the Contract Expiration Date, the

OWNER, the State of Oregon, the federal government, and their duly authorized representatives shall have access to the books, documents, papers, and records of the CONTRACTOR which are directly pertinent to this Contract for the purpose of making audit, examination, excerpts, and transcripts. If for any reason, this Contract, or any part thereof, becomes the subject of or is involved in litigation, CONTRACTOR shall retain all pertinent records for not less than three years or until all litigation is resolved, whichever is longer. Full access will be provided to the OWNER in preparation for and during litigation. All records related to project shall be made available to OWNER upon request at no charge, and made available for inspection by the public as applicable under the Oregon Public Records Law, ORS 192.410-192.505.

C. Funds Available and Authorized: OWNER reasonably believes at the time of entering into this

Contract that sufficient funds are available and authorized for expenditure to finance costs of this Contract within the OWNER's current appropriation or expenditure limitation.

Page 6 City of Detroit

D. Indemnity: CONTRACTOR shall defend, save, and hold harmless the OWNER, its officers, agents, engineers, attorneys and employees, from all losses, expenses (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, and all court or arbitration or other dispute resolution costs) claims, suits, or actions of whatsoever nature, including intentional acts, resulting from or arising out of the activities of CONTRACTOR or its subcontractors, agents, or employees under this Contract

E. (1) Compliance with Applicable Law: CONTRACTOR certifies that it will comply with all federal, state, and local laws, ordinances, and regulations applicable to this Contract, including, but not limited to all applicable requirements of federal and state civil rights and rehabilitation statutes, rules, and regulations. (2) Without in any manner limiting the applicability of the foregoing, CONTRACTOR agrees, as a condition of entering into this contract, that the provisions of ORS 279C.345 and ORS 279B.270(2), as well as ORS 279C.505- 279C.530, ORS Chapter 656, and ORS 279C.840 apply to CONTRACTOR's performance under this Contract.

G. Waiver: The terms of this Contract shall not be waived, altered, modified, supplemented, or amended, in any manner whatsoever, except by written instrument. Such waiver, alteration, modification, supplementation, or amendment, if made, shall be effective only in the specific instance and for the specific purpose given, and shall be valid and binding only if it is signed by all parties to this Contract. The failure of the OWNER to enforce any provision of this contract shall not constitute a waiver by the OWNER of that or any other provision.

H. Governing Law and Venue: This Contract shall be governed by and construed in accordance with the laws of the State of Oregon. Any litigation between the OWNER and the CONTRACTOR arising out of or related to this Contract shall be brought and maintained solely and exclusively in the Circuit Court of Linn County, Oregon. Provided, if any litigation arising under this Contract must be brought in a federal forum, it shall be brought and maintained solely and exclusively in the United States District Court for the District of Oregon in Portland, Oregon. CONTRACTOR hereby consents to the personal jurisdiction of all courts within the State of Oregon. Should any litigation be brought to enforce the terms of this Contract, the prevailing party shall be entitled to reasonable attorney fees, costs and disbursements at trial and upon appeal. Should any dispute over the terms and conditions of this contract result in mediation or arbitration, any attorney's fees and costs incurred in such mediation or arbitration shall be paid by the party incurring such fees and costs.

I. Merger. This Contract, which includes all Contract Documents as defined herein, constitutes the entire agreement between the parties. There are no understandings, agreements, or representations, oral or written, regarding this contract, except as specified or referenced herein.

CONTRACTOR, by the signature below of its authorized representative, hereby acknowledges that it has read this contract, understands it and agrees to be bound by its terms and conditions.

J. Execution in Counterparts. This contract may be executed in counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.

City of Detroit Page 7

IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in four copies. One counterpart each has been delivered to Owner, Contractor, and Agency. All portions of the Contract Documents have been signed, initialed, or identified by Owner and Contractor.

This Agreement is dated _________________________________. This Agreement shall not be effective unless and until Agency's designated representative concurs.

OWNER: CONTRACTOR

City of Detroit

By: By:

Title: Title:

Attest: Attest:

Title: Title:

Address for giving notices: Address for giving notices:

CITY OF DETROIT

345 Santiam Ave, W, DETROIT, OR 97136

Agent for service of process:

(If Contractor is a corporation or a partnership, attach evidence of authority to sign.)

Agency Concurrence:

As lender or insurer of funds to defray the costs of this Contract, and without liability for any payments thereunder, the Agency hereby concurs in the form, content, and execution of this Agreement.

Agency: By:

Date: Title:

By: ________________________ Date:_________________Title:__________________

CITY OF DETROIT – Silver Bullet Generator & ATS Section 00610 Project #2025-001 Performance Bond

City of Detroit Page 1

SECTION 00610 – PERFORMANCE BOND

Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.

CONTRACTOR (Name and Address) SURETY (Name and Address of Principal Place of Business):

OWNER (Name and Address):

City of Detroit

PO Box 589

345 Santiam Ave. W.

Detroit, OR 97342

CONSTRUCTION CONTRACT

Date:

Amount Not to Exceed:

Description (Name and Location):

Silver Bullet Generator & ATS Project, City of Detroit, Marion County, Oregon

BOND

Bond Number:

Date (Not earlier than Contract Date):

Amount:

Modifications to this Bond Form:

Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative.

CONTRACTOR AS PRINCIPAL SURETY

Company: (Corp. Seal) Company: (Corp. Seal)

Signature: Signature:

Name and Title: Name and Title:

(Attach Power of Attorney)

(Space is provided below for signatures of additional parties, if required.)

CONTRACTOR AS PRINCIPAL SURETY

Company: (Corp. Seal) Company: (Corp. Seal)

Signature: Signature:

Name and Title: Name and Title:

Section 00610 CITY OF DETROIT – Silver Bullet Generator & ATS Performance Bond Project #2025.001

Page 2 City of Detroit

1. The CONTRACTOR and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Contract, which is incorporated herein by reference.

2. If the CONTRACTOR performs the Contract, the Surety and the CONTRACTOR shall have no obligation under this Bond, except to participate in conferences as provided in paragraph 3.1.

3. If there is no OWNER Default, the Surety's obligation under this Bond shall arise after:

3.1. The OWNER has notified the CONTRACTOR and the Surety at its address described in paragraph 10 below, that the OWNER is considering declaring a CONTRACTOR Default and has requested and attempted to arrange a conference with the CONTRACTOR and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Contract. If the OWNER, the CONTRACTOR and the

Surety agree, the CONTRACTOR shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive the OWNER's right, if any, subsequently to declare a CONTRACTOR Default; and

3.2. The OWNER has declared a CONTRACTOR Default and formally terminated the CONTRACTOR's right to complete the Contract. Such

CONTRACTOR Default shall not be declared earlier than twenty days after the CONTRACTOR and the Surety have received notice as provided in paragraph 3.1; and

3.3. The OWNER has agreed to pay the Balance of the Contract Price to:

1. The Surety in accordance with the terms of the Contract;

2. Another contractor selected pursuant to paragraph 4.3 to perform the

Contract.

4. When the OWNER has satisfied the conditions of paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions:

4.1. Arrange for the CONTRACTOR, with consent of the OWNER, to perform and complete the Contract; or

4.2. Undertake to perform and complete the Contract itself., through its agents or through independent contractors; or

4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the OWNER for a contract for performance and completion of the

Contract, arrange for a contract to be prepared for execution by the

OWNER and the 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 Contract, and pay to the

OWNER the amount of damages as described in paragraph 6 in excess of the Balance of the Contract Price incurred by the OWNER resulting from the CONTRACTOR's Default; or

4.4. 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, tender payment therefor to the OWNER; or

2. Deny liability in whole or in part and notify the OWNER citing reasons therefor.

5. If the Surety does not proceed as provided in paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen 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 paragraph 4.4, and the OWNER refuses the payment tendered 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.

6. After the OWNER has terminated the CONTRACTOR's right to complete the Contract, and if the Surety elects to act under paragraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the OWNER shall not be greater than those of the CONTRACTOR under the Contract, and the responsibilities of the OWNER to the Surety shall not be greater than those of the OWNER under the Contract. To the limit of the amount of this Bond, but subject to commitment by the OWNER of the Balance of the Contract Price to mitigation of costs and damages on the

Contract, the Surety is obligated without duplication for:

6.1. The responsibilities of the CONTRACTOR for correction of defective

Work and completion of the Contract;

6.2. 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 paragraph 4; and

6.3. Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of the CONTRACTOR.

7. The Surety shall not be liable to the OWNER or others for obligations of the

CONTRACTOR that are unrelated to the 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, or successors.

8. The Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders and other obligations.

9. 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…