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HomeMy WebLinkAbout2023-089 PO 20240075- RH2 Engineering Inc. Purchase Order ,aft CITY RECORDER Fiscal Year 2024 Page: 1 of: 1 IL ALS B City of Ashland I ATTN: Accounts Payable Purchase 20 E. Main L Ashland, 0R 97520 Order# 20240075 T Phone: 541/552-2010 O Email: payable@ashland.or.us E• RH2 ENGINEERING, INC H 0/0 Public Works Department N 22722 29TH DRIVE SE, SUITE 210 l 51 1Ninburn Way D BOTHELL, WA 98021 P Ashland, OR 97520 0 Email: AP@RH2.COM Phone: 541/488-5347 Fax: 541/488-6006 =YS�1__AaLZ —'c I6 Ii�J. Fa I��E EI SII. �-'�' �- -E-§S !�i - CS $- cl-stnn67_`�6 el �= _ gam _"- = a 6 k ��4k �p z- = - F e ry Scott Fleury •--.___ -.� ' __j ��� :i L E�_-3 � � �_.�_. �+,�..6�3 QE�.-� WIC 1229 FOB ASHLAND OR Cit Accounts_Pa able riW .,. - - �..r� b s. a 6 .43 E,. .s°". nr ms's,.. fl�nrt:_ .x �i .:. � e NL.—.i4T_°= On-call Modeling Services 1 On-call Modeling Services 1.0 $34,978.00 $34,978.00 Personal Services Agreement (Less than $35,000) Completion date: June 30, 2025 Project Account: ***************GL SUMMARY*************** 081800-604100 $34,978.00 I I A By: Date: �� �� A t orized SignatuT _ —= 34 978.00 A FORM #3 CITY OF 7 ASH LAND A request for a Purchase ®r e ,- �-D REQUISITION Date of request: 08108/2023- Vendor Name RH2 Engineering, Inc. Address,City,State,Zip 3553 Arrowhead Dr Ste 200 Medford,OR 97504 Contact Name Jeff Ballard Telephone Number i Email address SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Invitation to Bid ❑ Reason for exemption: Date approved by Council:_ 0 Form#13,Written findings and Authorization ❑ AMC 2.50 _(Attach copy of council communication) ❑ Written quote or proposal attached ❑ Written quote or proposal attached (If council approval required,attach copy of CC) ❑ Small Procurement 0 Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: 0 State of Oregon ❑ Direct Award (Attach copy of council communication) Contract# ❑ Verbal/Written quote(s)or proposal(s) 0 Request for Qualifications(Public Works) ❑ State of Washington Intermediate Procurement Date approved by Council: • I Contract# GOODS&SERVICES (Attach copy of council communication) I 0 Other government agency contract Greater than$5,000 and less than$100,000 0 Sole Source Agency 1=1 (3)Written quotes and solicitation attached 0 Applicable Form(#5,6,7 or 8) Contract# PERSONAL SERVICES ❑Written quote or proposal attached Form Intergovernmental Agreement Greater than$5000 and less than$75,000 0 Form#4, Personal Services>$5K&<$75K Agency 0 Direct appointment not to exceed$35,000 ❑Annual cost to City does not exceed$25,000. 0 Special Procurement 0(3)Written proposals/written solicitation Agreement approved by Legal and approved/signed by ❑Form#4,Personal Services>$5K&<$75K 1=1 Form#9,Request for Approval City Administrator.AMC 2.50.070(4) 0 Written quote or proposal attached Date approved by Council: 0 Annual cost to City exceeds$25,000,Council Valid until: (Date) approval required.(Attach copy of council communication) Description of SERVICES Total Cost On call modeling services 1 1 .$34,918;00 , ', Item # Quantity Unit Description of MATERIALS Unit Price Total Cost I p Per attached quotelproposalI TOTAL;COST': Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. - Project Number _ _ _ Account Number 081800 - 604100 $ 34,978.00_ _ _ _ Project Number _ _ _ Account Number - $ , , Project Number - . _ _ Account Number � - $ ,_ _ _, •- _ _ _ IT Director in collaboration with department to approve all hardware and software purchases: By signing this requisition form,t certify that the City's public contracting requirements have been satisfied. IT Director Date Support Yes/No oD 1 Employee J DR n^,' —Cillirh pej Department Head "NIL �_- g•$•Z 3 en. . .1 0 or greater t .,$5,000) Department Manager/Supervisor: City Administrator: p/�/� (Equal to or greater than$25,000) Funds appropriated for current fiscal yea / NO 1 t V /,- f 0) Finance Director ¶iva .reater than$5,000) D e Comments: Form#3-Requisition PERSONAL SERVICES AGREEMENT (less than $35,000.00) CONSULTANT: RH2 ENGINEERING,INC. CITY OF�S H LAN D CONSULTANT'S CONTACT: Hannah Farris 20 East Main Street ADDRESS: 3553 Arrowhead Dr, STE 200 Ashland,Oregon 97520 Medford, OR 97504 Telephone: 541/488-5587 Fax: 541/488-6006 EMAIL: hfarris@rh2.com This Personal Services Agreement(hereinafter"Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter"City") and RH2 Engineering, Inc., a foreign business corporation ("hereinafter"Consultant"),for on-call modeling services. NOW THEREFORE, in consideration of the mutual covenants contained herein,the City and Consultant hereby agree as follows: 1. Effective Date and Duration: This Agreement shall become effective on the date of execution on behalf of the City, as set forth below(the"Effective Date"),',and unless sooner terminated as specifically provided herein, shall terminate upon the City's affirmative acceptance of Consultant's Work as complete and Consultant's acceptance of the City's final payment therefore, but not later than June 30, 2025. 2. Scope of Work: Consultant will provide on-call modeling services as more fully set forth in the Consultant's Scope of Work dated August 2023,which is attached hereto as"Exhibit A"and incorporated herein by this reference. Consultant's services,are collectively referred to herein as the "Work." 3. Supporting Documents/Conflicting Provisions: This Agteement and any exhibits or other supporting documents shall be construed to be mutually complimentary and supplementary wherever possible. In the event of a conflict which cannot be so resolved,the provisions of this Agreement itself shall control over any conflicting provisions in any of the exhibits or supporting documents. 4. All Costs Borne By Consultant: Consultant shall,perform the Work described above and,unless otherwise specified in this Agreement, furnish all labor, equipment, and materials required for the proper performance of such Work. 5. Qualified Work: Consultant has represented, and by entering into this Agreement now represents,that all personnel assigned to the Work to be performed under this Agreement are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 6. Compensation: City shall pay Consultant at the hourly rates and for the amounts actually incurred for Page 1 of 7: Personal Serivces Agreement between the City of Ashland and RH2 Engineering,Inc. any subcontracting activities as set forth in Consultant's fee schedule entitled"City of Ashland fee estimate"which is attached hereto as"Exhibit B" and incorporated herein by this reference, as full com- pensation for Consultant's performance of all Work under this Agreement. In no event shall Consultant's total of all compensation and reimbursement under this Agreement exceed the sum of$34,978.00 (thirty- four thousand and nine hundred seventy-eight U. S. dollars)without the express,written approval from the City official whose signature appears below, or such official's successor in office. Payments shall be made within 30 days of the date of receipt by the City of Consultant's invoice. Should this Agreement be terminated prior to completion of all Work,payments will be made for any phase of the Work completed and accepted as of the date of termination. 7. Ownership of Work/Documents: All Work product or documents produced in furtherance of this Agreement belong to the City, and any copyright,patent,trademark proprietary or any other protected intellectual property right shall vest in and is hereby assigned to the City. All reuse not occurring as part of this Work shall be without liability to the Consultant. 8. Statutory Requirements: The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220, 279B.230 and 279B.235. 9. Living Wage Requirements: If the amount of this Agreement is $25,335.05 or more, Consultant is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in that chapter,to all employees performing Work Linder this Agreement and to any Subcontractor who performs 50% or more of the Work under this Agreement. Consultant is also required to post the notice attached hereto as "Exhibit D"predominantly in areas where it will be seen by all employees. 10. Indemnification: Consultant hereby agrees to defend, indemnify, save, and hold City, its officers, employees, and agents harmless from any and all losses, claims, actions, costs, expenses,judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction)to property, of whatsoever nature to the extent caused by or arising out of the intentional or negligent acts, errors, or omission in the performance of this Agreement by Consultant(including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform Work or services attendant to this Agreement). However, Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs,judgments, or other damages, caused solely by the negligence of City. 11. Termination: a. Mutual Consent. This Agreement may be terminated at any time by the mutual consent of both parties. b. City's Convenience. This Agreement may be terminated by City at any time upon not less than 30 days' prior written notice delivered by certified nail or in person. c. For Cause. City may terminate or modify this Agreement, in whole or in part, effective upon delivery of written notice to Consultant, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; Page 2 of 7: Personal Serivces Agreement between the City of Ashland and RH2 Engineering,Inc. ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement or are no longer eligible for the funding proposed for payments authorized by this Agreement; oriii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this Agreement is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this Agreement in the event of a breach of the Agreement by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and its intent to terminate. If the party committing the breach has not entirely cured the breach within fifteen(15) days of the date of the notice, or within such other period as the party giving the notice may authorize in writing, then the Agreement may be terminated at any tithe thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this Agreement. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this Agreement if Consultant fails to provide services called for by this Agreement within the time specified herein or within any extension thereof. iii. The rights and remedies of City provided in this subsection(d) are not exclusive and are in addition to any other rights and remedies provid d by law or under this Agreement. e. Obligation/Liability of Parties. Termination or modification of this Agreement pursuant to subsections a,b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to Subsection a, b, c, or d of this section, Consultant shall immediately cease all activities under this Agreement, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all Agreement documents, information,works-in-progress and other property that are or would be deliverableshad he Agreement been completed. City shall pay Consultant for Work performed prior to the termination date if such Work was performed in accordance with this Agreement. 12. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City for any purpose. Consultant shall have the complete responsibility for the performance of this Agreement. Consultant shall provide workers' compensation coverage as required in ORS Chapter 656 for all persons employed to perform Work pursuant to this Agreement. Consultant is a subject employer that will comply with ORS 656.017. 13. Assignment: Consultant shall not assign this Agreement or subcontract any portion of the Work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or Page 3 of 7: Personal Serivces Agreement between the City of Ashland and RH2 Engineering,Inc. , subcontract of the Work shall not create any contractual relation between the assignee or subcontractor and City. 14. Default. The Consultant shall be in default of this Agreement if Consultant: commits any material breach or default of any covenant,warranty, certification, or obligation under the Agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Agreement; or attempts to assign rights in, or delegate duties under,this Agreement. 15. Insurance. Consultant shall, at its own expense,maintain the following insurance: a. Worker's Compensation insurance in compliance with QRS 656.017,which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars)per claim. This is to cover any damages caused by error, omission or negligent acts related to the professional services to be provided under this Agreement. "Tail" coverage will be required at the completion of the Worl�under this Agreement for the remaining Term, and for not less than twenty-four(24)months after completion of all Work. Consultant shall be responsible for furnishing certification of the"tail" coverage as described herein or continuous "claims made" liability coverage for not less than twent'-four(24)months following completion of all Work,provided that the continuous "claims made" coverage has a retroactive date on or before the Effective Date of this Agreement. c. General Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars)per occurrence for Bodily Injury,Death, and Property Damage. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000 (one million dollars)for each accident for Bodily Injury and Property Damage, including coverage for owned,hired or non-owned vehicles, as applicable. e. Notice of cancellation or chane. There shall be no cancellation,material change,reduction of limits or intent not to renew the insurance coverage(s)without 30 days' prior written notice from the Consultant or its insurer(s)to the City. f. Additional Insured/Certificates of Insurance. Consultant shall name the City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies, excluding Professional Liability and Workers' Compensation, required herein, but only with respect to Consultant's services to be provided under thils Agreement. The consultant's insurance is primary and non-contributory.As evidence of the insurance coverages required by this Agreement, the Consultant shall furnish acceptable insurance certificates prior to commencing the Work under this Agreement. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self'insured retentions, and/or self-insurance. 16. Nondiscrimination: Consultant agrees that no person shall, on the grounds of race, color,religion, creed, sex, marital status, familial status or domestic partners ip,national origin, age, mental or physical Page 4 of 7: Personal Serivces Agreement between the City of Ashland and RH2 Engineering,Inc. ti disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of any Work under this Agreement when employed by Consultant. Consultant agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes,rules and regulations. Further, Consultant agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 17. Consultant's Compliance With Tax Laws: 17.1 Consultant represents and warrants to the City that: 17.1.1 Consultant shall,throughout the term of this Agreement, including any extensions hereof, comply with: (i)All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS Chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant; and (iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 17.1.2 Consultant, for a period of no fewer than six(6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS Chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant; and (iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 18. Governing Law; Jurisdiction; Venue: This Agreement shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding(collectively , "the claim") between the City and the Consultant that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however,the claim must be brought in a federal forum,then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filled in Jackson County, Oregon. Consultant, by its signature hereon of its authorized representative,hereby consents to the in personam jurisdiction of said courts. 19. THIS AGREEMENT AND THE ATTACHED EXHIBITS (CONSTITUTE THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN,NOT SPECIFIED HEREIN Page 5 of 7: Personal Serivces Agreement between the City of Ashland and RH2 Engineering,Inc. REGARDING THIS AGREEMENT. CONSULTANT, BYI SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT,UNDERSTANDS IT,AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 20. Amendments. This Agreement may be amended only by written instrument executed by both parties with the same formalities as this Agreement. 21. Nonappropriations Clause. Funds Available and Authori Zed: The City has sufficient funds currently available and authorized for expenditure to finance the costs of this Agreement within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this Agreement attributable to Work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion,to continue to make payments under this Agreement. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this Agreement without penalty or liability to City, effective upon the delivery of written notice to Consultant,with no further liability to Consultant. 22. Certification. Consultant shall sign the certification attached hereto as "Exhibit C" and incorporated herein by this reference. CITY OF ASHLAND: RI32 ENGINEERING,INC. (CONSULTANT): By: BY: Z-4111lMlr. 4466 j Signature 5rati" cre.Y Richard L. Ballard Printed Name Printed Name d.t . 23 Director Date Title August 7, 2023 Date Purchase Order No. (W-9 is to be submitted with this signed Agreement) Page 6 of 7: Personal Serivces Agreement between the City of Ashland and RH2 Engineering,Inc. EXHIBIT A Scope of Work City of Ashland On-Call Modeling Services August 2023 Background The City of Ashland (City) has requested that RH2 Engineering, Inc., (RH2) provide hydraulic modeling services for the City's water system to support City planning)efforts for the next two(2)years.Specific modeling tasks will be identified by the City and assigned to RH2 on an on-call basis. Task 1— On-Call Modeling Services 1.1 Provide project management services for the duration of the project. 1.2 Provide on-call hydraulic modeling support services for the City's water distribution system, as requested by the City. Coordinate with the City on each modeling task and provide a summary of the modeling results and recommendations for each task. Assumptions: • The latest water model available was prepared and calibrated by RH2 in WaterGEMS software to support the preparation of the 2019 Water Master Plan update, with minor changes made under the 2019-2021 On-Call Modeling Services cotitract. No calibration or updates to the model will be performed unless requested as a task of this On-Call Agreement. • RH2 will rely upon the accuracy and completeness of information, data, and materials generated or produced by the City or others in relation to this Scope of Work. • Deliverables will be discussed with City staff for each modeling task. Deliverables are expected to vary from email summaries to technical memoranda. Provided by City: • Available water system data as needed by RH2 to perform tasks. • Review of modeling results. RH2 Deliverables: • Summary of modeling results for each modeling task(format of deliverables to be determined by the City). Fee for Services The estimated level of effort for On-Call Modeling Services is 160 hours and the fee is estimated not to exceed $35,000. Project Schedule Upon receipt of an executed Agreement, RH2 is prepared to provide on-call modeling services as directed by the City and can continue for twenty-four(24) months (through August 2025). 1 8/4/2023 3:37:52 PM J:\DATA\COA\S40\ON-CAL..MODELING SERVICES\PSA SOW COA ON-CALL MODELING SERVICES.DOCX EXHIBIT B Fee Estimate City of Ashland On-Call Modeling Services Aug-23 - Total' Total Labor TotalSubconsultant Total ExpenseTotal Cost • Descnptton > Hours' '_ Task 1 On-Call Modeling Services I 160 I $ 31,424 I $ - $ 3,554] $ 34,978 PROJECT TOTAL ; • EXHIBIT B RH2 ENGINEERING, INC. 2023 SCHEDULE OF RATES AND CHARGES RATE LIST RATE UNIT Professional I $159 $/hr Professional II $174 $/hr Professional Ill $193 $/hr Professional IV $213 $/hr Professional V $226 $/hr Professional VI $244 $/hr Professional VII $257 $/hr Professional VIII $268 $/hr Professional IX $268 $/hr Technician I $123 $/hr Technician II $135 $/hr Technician III $152 $/hr Technician IV $166 $/hr Technician V $182 $/hr Technician VI $199 $/hr Technician VII $216 $/hr Technician VIII $226 ( $/hr Administrative I $82 $/hr Administrative II $96 $/hr Administrative III $112 $/hr Administrative IV $134 $/hr Administrative V $158 $/hr CAD/GIS System $27.50 $/hr CAD Plots-Half Size $2.50 price per plot CAD Plots-Full Size $10.00 price per plot CAD Plots-Large $25.00 I price per plot Copies(bw)8.5"X 11" $0.09 I price per copy Copies(bw)8.5"X 14" $0.14 price per copy Copies(bw)11"X 17" $0.20 price per copy Copies(color)8.5"X 11" $0.90 price per copy Copies(color)8.5"X 14" $1.20 price per copy Copies(color)11"X 17" $2.00 price per copy Technology Charge 2.50% %of Direct Labor price per mile Mileage $0.6550 (or Current IRS Rate) Subconsultants 15% I Cost+ Outside Services at cost Rates listed are adjusted annually. EXHIBIT C CERTIFICATIONS/REPRESENTATIONS: Consultant,by and through its authorized representative,under penalty of perjury,certifies that(a)the number shown on the attached W-9 form is its correct taxpayer ID(or is waiting for the number to be issued to it and(b) Consultant is not subject to backup withholding because: (i) it is exempt from backup withholding,or(ii)it has not been notified by the Internal Revenue Service(IRS)that it is subject to backup withholding as a result of a failure to report all interest or dividends,or(ii1i)the IRS has notified it that it is no longer subject to backup withholding. Consultant further represents and warrants to City that: (a)it has the power and authority to enter into and perform the Work,(b)the Agreement,when executed arid delivered, shall be a valid and binding obligation of Consultant enforceable in accordance with its terms,(c)the work under the Agreement shall be performed in accordance with the highest local standards, and(d) Consultant is qualified,professionally competent, and duly licensed (if applicable)to perform the Work. Consultant also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, it is an independent contractor as defined in the Agreement,it is authorized to do business in the State of Oregon, and Consultant has checked four or more of the following criteria that apply to its business. RLB (1)Consultant carries out the work or services at a location separate from a private residence or is in a specific portion of a private residence, set aside as the location of the business. RLB (2)Commercial advertising or business cards or a trade association membership are purchased for the business. RLB (3)Telephone listing is used for the business separate from the personal residence listing. RLB (4)Labor or services are performed only pursuant to written contracts. RLB (5)Labor or services are performed for two or more different persons within a period of one year. (6)Consultant assumes financial responsibility for defective orkmanship or for service not provided as evidenced by the ownership of performance bonds,warranties, errors and omission(professional liability) insurance or liability insurance relating to the Work or services to be provided. 7 August 7, 2023 Consultant Date • EXHIBIT D CITY OF ASHLAND, OREGON City of Ashland LIVING ALL employers described WAG E below must comply with City of Ashland laws regulating payment of a living wage. ;.- $18.12.per hour, effective June 30, 2023. VMSThe Living Wage is-adjusted annually every 1 June .30 by'the Consumer Price Index. Employees must be paid a portion of business of their of health care, retirement, living wage: employer, if the employer;has 401K and IRS eligible ten or more employees, and cafeteria plans(including has received financial childcare) benefits to the assistance for the project or amount of wages received by > For all hours worked under a business from the City of the employee. service contract between their Ashland in excess of employer and the City of $25,335.05. > Note: For temporary and Ashland if the contract I parttime employees,the exceeds$25,335.05 or more. > If their employer is the City of Living Wage does not apply Ashland, including the PaFks to the first 1040 hours worked > For all hours worked in a and Recreation Department. in any calendar year. For month if the employee spends more details, please see 50%or more of the > In calculating the living wage, Ashland Municipal Code employee's time in that month employers may add the value Section 3.12.020. working on a project or For additional information: Call the Ashland City Administrator's office at 541488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520, or visit the City's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employee CITY OF ASHLAND M^ ' `� , 0 4 D CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 05/18/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Jona Bolin NAM Sammamish Insurance,Inc. (aHCNn o,Eat): (425)898-8780 FAX No): (425)836-2865 704 228th Ave NE,PMB 373 E-MAIL JonaBolin@msn.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Sammamish WA 98074 INSURER A: Ohio Security Insurance Company 24082 INSUREDINSURER B: The Ohio Casualty Insurance Company '24074 RH2 Engineering IncINSURER C: Rated by Multiple Companies 00914 22722 29th Dr SE Ste 210INSURER D: Continental Casualty Company 20443 INSURER E: Bothell WA 98021 INSURER F: COVERAGES CERTIFICATE NUMBER: CL2351804071 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DDIYYYY) (MMIDD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITYEACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED2,000,000 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 15,000 A Y BZS57962270 05/29/2023 05/29/2024PERSONAL&ADV INJURY $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 4,000,000 X POLICY nPRO- LOC PRODUCTS-COMP/OP AGG $ 4,000,000 JECT OTHER: STOP GAP-WA $ 2,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y BAS57962270 05/29/2023 05/29/2024 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS _ HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY (Per accident) BACEE $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 B EXCESS LIAB CLAIMS MADE Y US057962270 05/29/2023 05/29/2024 AGGREGATE $ 2,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION PER AND EMPLOYERS'LIABILITY Y/N STATUTE X ER 1,000,000 C FFICERANY PROPRIETOR/PARTNER/EXECUTIVE N N/A 52WECDL6432 10/14/ 022 10/14/2023 ( E.L.EACH ACCIDENT $ 1,000,000 (Mandatoryry in in NNH)ER EXCLUDED? E.L.DISEASE-FA EMPLOYEE $ If yes,describe under 1 0 ,00 000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ , Per Claim $3,000,000 Professional Liability D Claims Made AEH004312321 05/29/2023 05/29/2024 Aggregate $5,000,000 Deductible $ 200,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of Ashland,Oregon and its officials,officers and employees are named as additional insured automatically where required by contract as respects General Liability,Automobile Liability and Umbrella liability Coverage is Primary and Non-Contributory. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main Street AUTHORIZED REPRESENTATIVE Ashland OR 97520 ,_.,e/11..-,-ZZ'`"`P"' I ©1988-2015 ACORD CORPORATION. All rights reserved. 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