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HomeMy WebLinkAbout2022-132 PO 20220315- DOWL, LLC • /.4 1.-‘ g,) • FORM#3 �� C I T Y OF • , • r ,, 77' H LAN D IIQUI1SIITHON Date of request: 03/2912022 • Required date for delivery: . Vendor Name DOWL • Address,City,State,Zip . 831 O'Hare Parkway Medford,OR 97501 • Contact Name&Telephone Number Jaime Jordan 541-774-5590 . Email address • SOURCING METHOD ❑ Exempt from Competitive Bidding0 Invitation to Bid ❑ Emergency . • • . ❑ 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 LI Request for Proposal Cooperative Procurement Not exceeding$5,000 • Date approved by Council:3/1/22 ❑ State of Oregon ❑ Direct Award 1�t(Attach copy of council communication) Contract# ❑'VerballWriiten bid(s)or proposal(s) 0 Request for Qualifications(Public Works) ❑ State of Washington Date approved by Council: Contract# • (Attach copy of council communication) ❑ Other government agency contract .. Intermediate Procurement ❑ Sole Source Agency GOODS&SERVICES • . ❑ Applicable Form(#5,6,7 or 8) Contract# Greater than$5,000 and less than$100,000 ❑ Written quote or proposal attached Intergovernmental Agreement ❑ (3)Written bids&solicitation attached . 0 Form#4,Personal Services$51(to$75K Agency PERSONAL SERVICES Date approved by Council:_ 0 Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 Valid until: __ (Date) Agreement approved by Legal and approvedlsigned by ❑ Less than$35,000,by direct appointment 0 Special Procurement City Administrator.AMC2.50.070(4) ❑ (3)Written proposals&solicitation attached 0 Form#9,Request for Approval 0 Annual cost to City exceeds$25,000,Council O Form#4,Personal Services$5K to$75K ❑ 1Nrittenquote or proposal attached approval required.(Attach copy of council communication) Date approved by Council: • • Valid until: • _(Date) Description of SERVICES Total Cost N Mountain-Overlay-1-5 to E Main. • • ,'S:` • :z ,945 493. 81 Item# Quantity Unit Description.of MATERIALS Unit Price Total Cost 0 Per attached quotelproposal :`teitAL•`COST'.` �a'S Project Number 2 0 2 1 0 9. 0 8 1 2 0 0.7 0 4 2 0 0 ,ay s' 31�1" Account Number - j . Account Number - Account Number - . 'Expenditure must be charged to the appropriate account numbers forthe financials to accurately reflect the actual expenditures. . IT Director In collaboration with department to approve all hardware and software purchases: . IT Director Date Support-Yes/No . By signing this requisition form,I certify that the City's public contracting requirements have been satisfied. Employee: \`JQI� epartmentHead: L�r` 41122. 1 treter , $5,000) Department Manager/Supervisor: . - • City Manager: , elsi I . _ (Equal toorgrea rthan$35,000) Funds appropriated for current fiscal year: IS)/NO �K<A.� --N--7,-.,2:- Finance Director-(Equal to orgreater than$5,000)• Date • Comments: . • Form/13-Requisition { " 1 • • • • . Memo TO: Joseph Lessard FROM: Tami De Mille-Campos (Public Works) DATE: 3/29/22 . • RE: City Manager Signature Needed for DOWL requisition form • Background: • . This is a Personal Services Agreement for the North Mountain Overlay project which was approved by Council on 3/1/22 and is in the current approved budget. Council Action: j • Council approved this item on 3/1/22. Other Relevant Information: • • • Insurance waived or reduced?No Who to return to if different from sender? Are all other signatures required collected?Yes If no,please collect before sending them to the City Manager. Are all attachments listed included?Yes If no,please include all attachments before sending to the City Manager. • • • CITY OF ASHLAND 20 East Main Street Tel:541-488-6002 r. Ashland,Oregon 97520 Fax:541-488-5311 www.ashland.or.us TTY: 800-735-2900 ,� Council Business Meeting March 1 , 2022 Agenda Item Approval of Personal Services Contract for the North Mountain Avenue Rehabilitation Engineering Design From Scott A. Fleury, PE Public Works Director Karl Johnson, EIT Project Manager Contact scott.fleury@ashland.or.us 541.552.2412 karl.iohnsonna ashland.or.us 541.552.2415 SUMMARY Before Council, acting as the local contract review board, is a personal services contract for professional engineering and design services for the N. Mountain Avenue Overlay Project with DOWL. This project was released through an open request for qualifications (RFQ)based proposals and DOWL was the only responder to this request. The project has three distinct phases;preliminary design and permitting; final design and bidding; and construction services. Staff has negotiated the scope of work with DOWL for phase one and two,preliminary design and permitting, and final design and bidding services and concurs with the costs for these services. The construction administration portion will be negotiated upon completion of the final design and award of bid to a construction contractor. Tonight's action is for approval of phase one& two for an amount not to exceed$945,493.81. (Principal project tasks in the amount of$836,799.07 and contingencies in the amount of$108,694.74). POLICIES,PLANS & GOALS SUPPORTED City Council Goals (supported by this project): A: Prioritize the"Essential Services" - Streets B: Develop and/or enhance the following"Value Services"by leveraging the City's resources - Multi-Modal Transportation - All-Age Friendly Community Depailinent Goals: • Maintain existing infrastructure to meet regulatory requirements and minimize life-cycle costs, • Deliver timely life cycle capital improvement projects, • Maintain and improve infrastructure that enhances the economic vitality of the community, • Evaluate all city infrastructure regarding planning management and financial resources. Current Transportation System Plan: • Make safety a priority for all modes • Maintain small-town character, support economic prosperity and accommodate future growth. • Create a system-wide balance for serving and facilitating pedestrian,bicycle,rail, air, transit, and vehicular traffic in terms of mobility and access within and through the City of Ashland. PREVIOUS COUNCIL ACTION On March 16,2021, Council approved the 2021-2040 Capital Improvement Programs (CIP). The N. Mountain Avenue Overlay was included in this document with the following project cost breakdown: Page 1 of 3 CITY OF ASHLAND • • Design Expenses—FY22—$750,000 • Construction Expenses—FY23—$2,475,000 With this approval the N. Mountain Avenue Overlay project is scheduled to have the engineering portion and the construction portion of the project completed during the FY22-24 fiscal years. BACKGROUND AND ADDITIONAL INFORMATION Request for Proposal On July 29, 2021, a Qualifications Based Selection(QBS)Proposal for professional services for the N. Mountain Avenue Overlay Project was advertised on the OregonBuys web-based eProcurement system, in the Daily Journal of Commerce, the Mail Tribune, and posted on the City's website. This solicitation document was developed internally by staff and approved by the Legal Department prior to release. A qualifications selection process entails selecting a consultant solely on their qualifications to perform the proposals scope of work. Once a consultant is selected a final scope and associated fee is developed through a negotiation process. On September 2, 2021,the City of Ashland received one (1)proposal to provide professional services for the development of the Ashland Transportation System Plan Update. A scoring team of Karl Johnson, Associate Engineer, Chance Metcalf, Senior Project Manager, Michael Morrison,Public Works Superintendent and Chuck Schweizer, Street Superintendent, completed a comprehensive review of the proposals. The proposals were scored in accordance with the criteria listed in the QBS Proposal document. Scoring was conducted individually and independently by each team member. The results of the scoring are as follows: TOTAL AVERAGE CONSULTANT - RANK SCORE _SCORE DOWL,LLC 371 92.75 1 SCORING CATEGORY POSSIBL E POINTS Project Approach 20 Project Experience 35 Project Team Experience 25 Demonstrated Ability to Successfully Complete 20 Projects on Time and Within Budget Total.Points 100. Staff subsequently sent a letter of intent to negotiate with DOWL on September 16, 2021 and DOWL met with staff to finalize the scope of work and cost proposal on multiple occasions. Through the negotiation process DOWL developed and submitted a final scope and fee proposal on January 3, 2022,which was reviewed and approved by staff as meeting the needs for project design and delivery. Staff will provide a formal notice of award to DOWL after Council approval. Staff expects construction to begin on the project in spring of 2023. FISCAL IMPACTS The 2022-2024 Street Division Biennium Budget includes funds for contracted services (capital improvement program) in the amount of$3,225,000 for this project. Staff expects this initial construction estimate to fall short of actual construction costs, given inflation and labor shortage issues. The construction phase of the Page 2 of 3 CITY OF ASHLAND project will most likely span into the 2023-2025 Biennium and additional funds to complete the project will be budgeted accordingly in the next biennium. Revenues to support this project will come directly from the re-apportionment of Franchise Fee monies into the Street Fund. This project will require a debt service instrument to support the total cost. Starting this project and putting in place a debt mechanism aligns Page 3 of 3 with the previously approved"Reimbursement Resolution 2021-04", (Staff Report) that allows the City to begin the engineering phase and obtain full financing prior to construction and reimburse the engineering project costs. STAFF RECOMMENDATION Staff recommends Council move approval of the personal services contract for professional engineering and design services for the N. Mountain Avenue Overlay Project for an amount not to exceed$945,493.81. ACTIONS, OPTIONS &POTENTIAL MOTIONS Council has the option to approve this contract or refer staff back for a new request for proposals. Potential motions include: 1. I move to approve a contract for professional engineering and design services with DOWL for an amount not to exceed$945,493.81. (Principal project tasks in the amount of$836,799.07 and contingencies in the amount of$108,694.74). 2. Direct staff to reconsider a new solicitation for the N. Mountain Avenue Overlay Project REFERENCES &ATTACHMENTS 1. Personal Services Contract between the City and DOWL Page 3 of 3 CITY OF ASHLAND PERSONAL SERVICES AGREEMENT (GREATER TITAN $35,000.00) CONSULTANT: DOWL,LLC CITY OF CONSULTANT'S CONTACT: Jaime Jordan ASHLAND 20 East Main Street ADDRESS: 831 O'Hare Parkway Ashland,Oregon 97520 Medford, OR 97501 Telephone: 541/488-5587 Fax: 541/552-6006 TELEPHONE: (541) 774-5590 This Personal Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland,an Oregon municipal corporation(hereinafter"City")and DOWL,LLC,a foreign limited liability company ("hereinafter "Consultant"), for engineering and other services related to the City's project entitled"N. Mountain Avenue Overlay—I-5 to E. Main". 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 30,2023. 2. Scope of Work: Consultant will provide engineering, cost estimating,plan preparation, management, coordination and other related services for the Ctiy's project entitled"N.Mountain Avenue Overlay—I-5 to E.Main" as more fully set forth in the Consultant's Proposal dated January 3,2022,which is attached hereto as "Exhibit A" and incorporated herein by this reference. Consultant's services are collectively referred to in this Agreement as the"Work" 3. Compensation: City shall pay Consultant at the hourly rates and costs as set forth in`Exhibit A"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$945,493.81 (nine hundred forty-five thousand,four hundred ninety-three dollars and eighty-one cents) 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 thirty (30) days of the date of receipt by the City of Consultant's invoice. Should this Agreement be terminated prior to completion of all Work,payments will be made for any phase of the Work completed and accepted as of the date of termination. Page 1 of 7: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND DOWL,LLC • 4. Supporting Documents/Conflicting Provisions: This Agreement and any exhibits or other supporting documents shall be construed to be mutually complementary and supplementary wherever possible. In the event of a conflict which cannot be so resolved,the provisions of this Agreement itself shall control over any conflicting provisions in any of the exhibits or supporting documents. 5. All Costs Borne by Consultant: Consultant shall, at its own risk,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. 6.. Qualified Work: Consultant has represented,and by entering into this Agreement now represents,that all personnel assigned to the Work to be performed under this Agreement are fully qualified to perform the services to which they will be assigned in a skilled manner and,if required to be registered, licensed, or bonded by the State of Oregon, are so registered, licensed, or bonded. 7. Ownership of Work/Documents: All Work,work product, or other documents produced in furtherance of this Agreement belong to the City,and any copyright,patent,trademark proprietary or any other protected intellectual property right shall vest in and is hereby assigned to the City.. 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$22,310.46 or more, Consultant is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in that chapter,to all employees performing Work under this Agreement and to any Subcontractor who performs 50% or more of the Work under this Agreement. Consultant is also required to post the notice attached hereto as"Exhibit B"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, 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 arising out of or incident to 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, costs,judgments, or other damages, caused solely by the gross 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 thirty(30)days' prior written notice delivered by certified mail or in person. c. For Cause. City may terminate or modify this Agreement, in whole or in part, effective Page 2 of 7: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND DOWL,LLC 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; 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; or iii. 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 time 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 the Work 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 provided 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 documents, information,works-in-progress and other property that are or would be deliverables had the Agreement been completed. City shall pay Consultant for Work performed prior to the termination date if such Work was performed in accordance with this Agreement. 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 Page 3 of 7: PERSONAL SERVICES AGREEMENT BETWEEN TIES CITY OF ASHLAND AND DOWL,LLC 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 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 ORS 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 errors, omissions or negligent acts related to the professional services to be provided under this Agreement. "Tail" coverage will be require at the completion of the Work under this . Agreement for not less than twenty-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 change. There shall be no cancellation,material change,reduction of limits or intent not to renew the insurance coverage(s)without thirty (30) days' prior written notice from the Consultant or its insurer(s)to the City. 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 this Agreement. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required Page 4 of 7: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND DOWL,LLC 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 partnership,national origin, age, mental or physical disability,sexual orientation,gender identity or source of income,suffer discrimination in the performance of any Work under this Agreement when employed by Consultant. Consultant agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes,rules and regulations. Further, Consultant agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman- owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 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. Notice. Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery,by sending via a reputable commercial overnight courier,by mailing using registered or certified United States mail,return receipt requested,postage prepaid;or by electronically confirmed at the address or facsimile number set forth below: Page 5 of 7: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND DOWL,LLC If to the City: Public Works/Engineering Attn:Karl Johnson 20 E.Main Street Ashland, Oregon 97520 With a copy to: City of Ashland—Legal Department 20 E.Main Street Ashland, Oregon 97520 Phone: (541)488-5350 If to Consultant: DOWL,LLC Attn: Jaime Jordan 831 O'Hare Parkway Medford, OR 97501 19. Governing Law. This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that,upon motion of the other party, any case may be dismissed, or its venue transferred, as appropriate, so as to effectuate this choice of venue. 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 Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this Agreement within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this Agreement attributable to Work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion,to continue to make payments under this Agreement. In the event City has insufficient appropriations,limitations or other expenditure authority, City may terminate this Agreement without penalty or liability to City, effective upon the delivery of written notice to Consultant,with no further liability to Consultant. 22. 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 Page 6 of 7: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND DOWL,LLC BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT,MODIFICATION OR CHANGE,IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS,AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN,NOT SPECIFIED HEREIN REGARDING THIS AGREEMENT. CONSULTANT,BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE,HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT,UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 23. Certification. Consultant agrees to and shall sign the certification attached hereto as"Exhibit C"and incorporated herein by this reference. • IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. 3i.vt 27— CITY OF ASHLAND: DOWL,LLC(CONSULTANT): By: Jose747. /frel.A.-e/ ity Manager Signature Lawrence H Fox l I Date Printed Name Chief Operating Officer Title 7--d' 77-0 .9l' Purchase Order No. 3/14/2022 Date (W-9 is to be submitted with this signed Agreement) APPRO A 0 FORM: Attorne February 3,2022 Date Page 7 of 7: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND DOWL,LLC Ahk \ DOWL January 3, 2022 Karl Johnson, E.I.T. City of Ashland Engineering Department 20 East Main Street Ashland, OR 97520 Subject: N. Mountain Ave. Overlay Project: 1-5 to E. Main Street (City#2021-03, DOWL#2752.80159-01) Dear Karl: Project Understanding We understand that pavement restoration on this deteriorating section of N. Mountain Avenue is critical to maintaining north-south connectivity and access to the surrounding commercial, residential, and recreational areas for this City of Ashland (City) "avenue." While the primary improvement will consist of full reconstructions and partial asphalt overlay, the project will also include replacement of non-compliant Americans with Disabilities Act (ADA) sidewalk ramps, upgrading existing crossings and connectivity, and installation of pedestrian-activated signal with a flashing light at Fair Oaks Avenue. In order to bring the at-grade railroad crossing up to current standards, associated design and permitting through Central Oregon Pacific Railroad (CORP) and ODOT Public Transportation Division will be included. Also, at Bear Creek bridge crossing, the existing pedestrian rail will need to be replaced with the latest standard railing for pedestrian and traffic. We understand the City expects to complete design in August 2022. ' '''.: ' t ett Qe'-' i[ ` n •*41i. f 9' 10 a s .d' ;`7.7,-- -,-:j.' .11 12. Qo TN _"'' -- r t a �sQa� A 41 ':',M41113* ,113* rJ %tii '�'i 17 t `'� ., .'x S ,, �q c -a T ,,, CC i`'Ver��'----e.,-•• - R••74.1. �• .•,,p7,.:-pi 7 •' itc r i Vk:. �' s ..,y r t' ;J r •h} " ' �r s * •I�,�,' Q1 s 4` �zt. £t.,,a. ;_ +�g� 5 -. � II � .art • it .NA M .,CIiy C(f f r w«.;:l. .c 1.44, Mountain ,$,iA,'..' L.4-4, ,,, :.F '14',1 . i ""' Substation •, . *.V „`,.' .4"i ' LL ,r a,. • G Ashlandtam)aria"." t a. P..'• a,S + ' . les 0 Evaluate signal rieeds/upgrades,detection Add pedestrian crossings. widen narrow shoulder,avoid steep technology,and pedestrian pushbutton W'embankment,extend curb but not sidewalk, upgrades to meet standards. . consider sharrows to accommodate bikes. •O Constructsidewalk to-fill: © Connect existing 36-inch storm drain main to Upgrade median landscaping and irrigation N.Mountain drainage system. Replace existing substandard with low-maintenance,.water:efficient © New road grades for RR will help 0 four-foot-wide separated sidewalk. design.Keep trees and remove grass. alleviate drainage ponding issue. illi Addmissing ramps at existing crosswalks. ®':Evaluate/design RRFBcrossing andmar Obtain rail order/agreement,upgrade bike/ped Move existing crosswalk out of driveway remove tree to improve sight distance. 0•facilities,soften road grade to match , Upgrade rotten wood pedestrian rail. Install"end of walk"sign:. standards,incorporate bike path into design._ _.___ ■ ■ ■ ■ www.dowl.com Karl Johnson, E.I.T. City of Ashland Engineering Department Page 2 of 25 TASK 1 PROJECT MANAGEMENT AND COORDINATION Task 1.1 Project Management and Coordination The major objectives of this task are to schedule, coordinate, and supervise project work and to establish lines of communications between DOWL and City staff. DOWL shall keep the City project manager informed of the project work progress and aware of changes that may affect the project design, schedule, and related costs. DOWL will be responsible for the following project management tasks: • Schedule, coordinate, and supervise project work • Maintain communications and coordination with City staff • Monitor scope, schedule & budget for the project • Produce monthly invoices and progress reports (assumed to be no more than twelve) Task 1.2 Project Meetings and Site Visits DOWL staff will lead project meetings to discuss project details, review comments and updates and provide a written summary and create an action item list as necessary. For budgeting purposes, it is assumed that two DOWL staff members from the Medford office will attend up to 3 separate coordination/review meetings to discuss the project with the City staff and coordinate design details at a kick-off meeting and after each design milestone. Task shall include travel to the bridge site to perform field measurements of the existing rail and waterline attached to the bridge. TASK 2 LOCATION SURVEYING AND MAPPING This is an English unit Project. All Consultant deliverables must be reviewed and approved by DOWL's Professional Land Surveyor ("PLS"), registered in the State of Oregon. Task 2.1 Horizontal and Vertical Control Network Consultant will establish a horizontal and vertical control network and set survey control points to tie (survey) found monuments within the Project limits. The horizontal datum used by the Consultant shall be the Oregon Coordinate Reference System — Grants Pass-Ashland Zone, based on the NAD83 (2011) Epoch 2010 datum. The vertical datum used by Consultant shall be City of Ashland NGVD 29(56). Consultant shall establish primary geodetic control monuments, (such as 5/8" iron rod with plastic cap or other permanent markers) and maintain line of sight throughout the entire Project limits. These control monuments must be placed in locations by Consultant, such that they can be utilized during construction. ■ ■ ■ ■ www.dowl.com Karl Johnson, E.I.T. City of Ashland Engineering Department Page 3 of 25 Consultant shall run digital level loops to control points that are utilized in preparing the Digital Terrain Model ("DTM"). Strategic points used to develop survey DTM in non- critical areas must be no more than one (1) "shot" out from a network control point. Deliverable(s)/Schedule: • Horizontal and Vertical Control points in the field. • Raw data files. • PDF copy of the field notes Task 2.2 Monument Recovery Consultant shall perform a search of survey records on file with County and City, to perpetuate the location of monuments that may be disturbed or destroyed during a future construction project. Consultant shall research deeds and surveys of record, including but not necessarily limited to, property surveys, ODOT road surveys, original ODOT road resolutions, section corner surveys, and DLC surveys. Consultant shall provide tax assessor maps, property deed search, and copies of all pertinent documents to the City. Consultant shall survey found property corners, Government Corners, other survey monuments, property line fences and lines of occupation within the limits of the Project. Consultant shall provide at least one (1) Public Land Survey System (PLSS) corner tie. Consultant shall keep copies of the research data collected such as surveys, deeds, assessors' maps, county road maps, government corner surveys, etc., in the Project file. Deliverable(s)/Schedule: • Coordinate file of recovered monuments • Electronic copies of all research data collected. • PDF copy of the field notes Task 2.3 Location Survey, Base map and Digital Terrain Model Consultant shall perform a topographic survey at all intersections, as identified by the figure shown in the Project Understanding. This will include up to 50 feet beyond the curb returns in all directions. Consultant shall preform topographic survey at the areas shown by the callouts in the figure shown in the Project Understanding Consultant shall collect roadway cross sections every 100 feet for the length of the project, except in the areas identified by the callouts in the figure shown in the Project Understanding ■ ■ ■ ■ www.dowl.com Karl Johnson, E.I.T. City of Ashland Engineering Department Page 4 of 25 Consultant shall contact the Oregon Utility Notification Center (OUNC) and order utility locates at these locations. Consultant shall collect structures within the roadway within the project limits that are to be adjusted as part of the paving efforts. Consultant shall produce a topographic base map and the Digital Terrain Model (DTM) to be used for the design of this project. The project shall be drafted using a scale of 1" = 50'. Deliverables)/Schedule: • Topographic base map and DTM shall be submitted to the City within twelve (12) weeks of Notice to Proceed (NTP). • Electronic copy of the field notes. Task 2.4 Existing R/W and Boundary Resolution DOWL shall resolve the centerline and right of way lines of N. Mountain Avenue from the southerly right of way of Interstate 5 to the intersection with Main Street. DOWL shall obtain listing kits for the properties that adjoin the right of way lines of N. Mountain Avenue. DOWL shall use the recovered monuments and research records to aide in the retracement of N. Mountain Avenue. DOWL shall submit the final "Horizontal Control, Monument Recovery and Retracement Survey" to the Jackson County Surveyor's office for recording. Deliverable(s)/Schedule: • Submit an electronic copy of the recorded "Horizontal Control, Monument Recovery and Retracement Survey" to the City within twenty (20)weeks of NTP for review. Task C2.5 Right of Way Engineering (Mapping and Descriptions) -(CONTINGENCY TASK) Once the Preliminary Design has been approved by the City, Consultant shall prepare descriptions and exhibits for any right of way acquisition or easement acquisitions needed for the project upon request. Task C2.5.1 Legal Descriptions and Exhibit Maps (CONTINGENCY TASK) Upon request by the City, Consultant shall prepare legal descriptions and exhibit maps for up to eighteen (18) parcels for the purpose of fee acquisition and/or easements for the Project. Deliverables)/Schedule: • Electronic and hard copy (8-1/2"x14") legal descriptions and exhibit maps to the City within eight (8) weeks of the following release of this contingency task. ■ ■ ■ ■ www.dowl.com Karl Johnson, E.I.T. City of Ashland Engineering Department Page 5 of 25 Task C2.5.2 Bulletin Exhibit Maps (CONTINGENCY TASK) Upon request by the City, Consultant shall prepare bulletin exhibit maps for up to ten (10) parcels for the purpose of temporary construction easements. No easement descriptions will be prepared, and Consultant will not stake these easements in the field. Deliverable(s)/Schedule: • Electronic and hard copy (8-1/2"x14") legal descriptions and exhibit maps to the City within eight (8) weeks of the following release of this contingency task. Task C2.5.3 Acquisition Staking (CONTINGENCY TASK) Consultant shall stake the limits of the proposed property acquisitions in the field for up to eighteen (18) parcels prepared in Task C2.5.1. Consultant will stake the parcels one time only. Deliverables)/Schedule: • Consultant shall place physical stakes or paint marks within two (2)weeks of notification by the City. TASK 3 ENVIRONMENTAL COORDINATION/SUPPORT Task 3.1 DEQ 1200-C Permit If the Project design results in an overall ground disturbance that is greater than 1 acre, a DEQ 1200-C Permit will be required. To satisfy DEQ application requirements, a City staff member must create a Your DEQ Online account as a Responsible Official (RO), e-Verify their identity, and link the Consultant to the project to complete the application as a preparer. The City will be responsible for reviewing, certifying, and submitting the 1200-C application prepared by the Consultant on the Your DEQ Online platform. Consultant shall assemble permit application materials including the application forms, plans, drawings, memos, details, and specifications to support the permit application ("1200-C Permit Application Package"). Consultant shall provide the draft 1200-C Permit Application Package to the City for review. The City will provide 1 set of comments to Consultant. Consultant shall prepare the final 1200-C Permit Application Package incorporating and addressing comments, as appropriate. City will be responsible for payment of any associated fees. City will acquire Planning Department Signature and City will be listed as the applicant on the 1200-C application. ■ ■ ■ ■ www.dowl.com Karl Johnson, E.I.T. City of Ashland Engineering Department Page 6 of 25 Deliverable(s)/Schedule: • Draft and Final 1200-C Permit Application Package • One month following approval of the Advance plans TASK 4 PUBLIC INVOLVEMENT Task 4.1 Public Involvement Support & Meetings DOWL will support the City with the public involvement process that will inform and seek feedback from businesses and residents on N. Mountain Avenue within the project limits. In cooperation with the City, DOWL will perform the following public involvement services: • Develop presentation materials appropriate for public meetings • Attend and participate in conducting two (2) public meetings /workshops with local businesses and residents • Document feedback from businesses and residents to be incorporated into the design as agreed to by the City • Schedule and attend one-on-one follow-up meetings with businesses or retirement communities most severely impacted by construction It is assumed that City staff will provide a suitable location for all public meetings and advertise them as appropriate. For budgeting purposes, it is assumed that DOWL's Project Manager and Roadway lead or Construction Project Manager shall attend the Open House that will last no more than three (3) hours, not including travel time. Deliverable(s)/Schedule: Consultant shall prepare the below materials (2 sets, one for each meeting) after the Preliminary design submittal for display at a public meeting: • roll maps including R/W acquisition and aerial graphics • project drawings/details (utilizing plan sheets created in tasks 10 and 11) • public comment log TASK 5 UTILITY & RAILROAD COORDINATION Task 5.1 Utility Location and Coordination DOWL shall review utilities identified to be within the project limits, initiate contacts with utilities, and coordinate relocations needed for construction of the Project. This work includes, but is not limited to, coordinating and collecting utility-provided three- dimensional location of any underground utilities that may be in conflict with the Project work, and coordinating with the utility owners to resolve those potential conflicts. ■ ■ ■ ■ www.dowl.com Karl Johnson, E.I.T. City of Ashland Engineering Department Page 7 of 25 DOWL shall schedule, attend and document on-site meetings with potentially affected utilities. The meetings shall be conducted on the Project site after impacts have been identified. For budgeting purposes, attendance at a maximum of two (2) site meetings is anticipated, each of which may last up to three (3) hours including travel time. For each private utility found in potential conflict with the proposed design, DOWL shall prepare a Utility Conflict Notification Letter informing the utility of the potential conflict and the need to relocate/adjust the utility facility and required timing of relocation. DOWL shall work with each private utility to verify a relocation plan that is not in conflict with the Project. Once DOWL has confirmed the relocation plan with each utility, a Timing Requirements Letter will be sent to the each affected utility. When Consultant has made proper arrangements with each utility owner, to either clear the right of way of their utility facilities prior to construction, or for relocation to occur during construction so as to not delay the contractor, DOWL shall provide the City with a written summary. DOWL shall coordinate locations and relocations with the City on any City-owned utilities that are within the project limits. Assumption: • No reimbursable utility relocations Deliverable(s)/Schedule: • Electronic copy of Utility Conflict/ Project Notification letters to the City as per project schedule • Electronic copy of approval of each utility's relocation plan and Timing Requirements letters as per the project schedule Task 5.2 Railroad Coordination and Correspondence Consultant shall coordinate with CORP to gain approval to upgrade the crossing to current standards and to accommodate bicycle and pedestrian facilities. Railroad track design is not a part of this task. Consultant shall coordinate and meet with CORP staff to gather feedback,incorporate modifications, and gain concurrence for the final at grade crossing design. The Consultant shall coordinate up to one (1) onsite meeting with CORP, ODOT Rail Crossing Safety section and the City with up to two (2) consultant staff members attending the meeting. Assumptions: • No more than 3 plan submittals to CORP will be necessary (Concept, 30%, 100% signed) Deliverable(s)/Schedule: • Up to 3 plan submittals to CORP for review and comment, per the project design schedule. • Copies of meeting notes upon request ■ ■ ■ ■ www.dowl.com • Karl Johnson, E.I.T. City of Ashland Engineering Department Page 8 of 25 Task 5.3 - ODOT Railroad Crossing Order Application There is one railroad crossing within the limits of this Project. The Consultant shall prepare the 000T Railroad Highway Public Crossing Order application including the exhibits. The Consultant shall coordinate up to two (2) meetings between the City, ODOT Rail Crossing Safety Section staff, and railroad to negotiate the application requirements. Up to two (2) consultant staff members shall attend these meetings. Assumption: • All meetings will be virtual Deliverable(s)/Schedule: • Draft Crossing Order Application per project design schedule • Final Crossing order Application per project design schedule • Meeting minutes upon request Task 5.4 Construction and Maintenance Agreement Support Consultant shall assist the City with their role in the preparation of a construction and maintenance ("C&M") agreement between the City and CORP. Consultant shall provide copies of previously approved drawings, attend meetings, and assist CORP and City as needed to resolve comments and track action items. Consultant shall interface with City, CORP and right of way staff to document any new easements that may be needed. Consultant shall coordinate with CORP staff to obtain designs and cost estimates for work to be done by CORP, as well as schedule information on when work will need to be completed. Up to 2 Consultant staff shall attend up to 3 meetings with CORP and City, as needed. Assumption: • All meetings will be virtual Deliverable(s)/Schedule: • Copies of meeting notes upon request TASK 6 GEOTECHNICAL / PAVEMENT DESIGN SERVICES Task 6.1 Site Reconnaissance, Exploration and Testing Work Plan Consultant shall conduct a field reconnaissance visit for planning the necessary field investigation work and to assess the temporary traffic control needs for the field investigation. Consultant shall visually survey the pavement during the field reconnaissance visit to identify and document areas of distress indicative of structural or subgrade failure that may warrant special treatment or otherwise impact the ■ ■ ■ ■ www.dowl.com Karl Johnson, E.I.T. City of Ashland Engineering Department Page 9 of 25 rehabilitation recommendations. Photographs of representative pavement condition will be taken at each location. Deliverables)/Schedule: • Work plan and traffic control plan for the field investigation work Task 6.2 Field Exploration and Laboratory Testing Consultant shall perform the geotechnical and pavement explorations and laboratory testing as needed in order to evaluate the subsurface conditions and to develop geotechnical and pavement designs. The anticipated field exploration and laboratory testing program is provided below. Geotechnical and Pavement Borings: We will conduct up to two (2) geotechnical borings to investigate subsurface conditions at the proposed location of the crosswalk beacons and up to nine (9) pavement borings to investigate subsurface conditions along the alignment, at the approaches to the bridges over Bear Creek and 1-5, and at the approach to the railroad crossing. At each boring location conducted in paved areas, a core sample of the bound layers of the pavement will be retrieved using a diamond-bit core drill. The pavement layers and subgrade soil, where encountered, will be visually classified; the depth and thickness of pavement layers will be measured; and grab samples of subgrade soil, where encountered, will be retrieved for laboratory water content determination and visual reclassification. The core samples will be inspected for cracking, delamination, and indications of asphalt stripping damage. We will characterize the soil and groundwater conditions at each of the borings in order to assist us in developing recommendations for earthwork and soil improvement or modification. Each of the geotechnical and pavement borings will be logged to a maximum depth of 5 feet below the surface. We have assumed that all borings will be drilled with a hollow stem or solid-stem auger drilling technique and that rock-coring will not be performed. Pavement Surface Cores: Surface cores will be conducted at up to seven (7) locations to evaluate the depth and mode of cracking within the bound pavement layers (i.e., asphalt concrete and underlying cement treated base, if present). The pavement surface cores will be conducted to a maximum depth of 18-inches below the pavement surface. Laboratory Testing: Consultant shall conduct water content tests and Atterberg limits tests or sieve analysis tests on soil samples obtained from the borings in order to classify the soils and approximate their engineering properties. Assumptions: • The boring explorations shall be conducted during Monday through Friday between the hours of 9 AM and 4 PM. ■ ■ • ■ www.dowl.com Karl Johnson, E.I.T. City of Ashland Engineering Department Page 10 of 25 • Consultant shall provide traffic control for lane closures in accordance with the Oregon Temporary Traffic Control Handbook. • Permits for field testing will not be required. • Water content tests will be conducted on grab samples obtained at approximately 1-foot intervals. Up to three (3) Atterberg limits tests or sieve analysis tests will be performed. • The depth of the exploration below the bound,layers will be patched using excavated materials compacted by a vibratory hammer and the core hole through the bound layers will be patched using Instant Road Repair, a high-performance polymer modified asphaltic patching material, compacted by vibratory hammer. A Consultant representative will conduct and direct the pavement coring work. Task 6.3 Geotechnical Design Services Consultant shall perform analyses of the field and laboratory test data to develop geotechnical recommendations for construction of the crosswalk beacons and soil improvement or modification in areas of reconstruction, as necessary. Task 6.4 Pavement Design Services Consultant shall provide all equipment, labor, materials, and traffic control required for the field investigation and the development of any new construction, reconstruction, or rehabilitation pavement designs as described herein. All work related to completing the pavement design(s) shall be conducted in accordance with the latest edition of the ODOT Pavement Design Guide. Assumptions: • The street segment in this SOW for pavement design along with the assumed design alternatives to be provided is shown in Table 6.4.1 below. Table 6.4.1 Project Segment and Assumed Pavement Design Alternatives to be Provided Approximate Project Centerline Assumed Design Street From To Length (feet) Alternatives to be Provided Asphalt Concrete Pavement N Main Rehabilitation Mountain 1-5 Bridge Street 6,300 or Avenue Asphalt Concrete Pavement Reconstruction (if required) ■ ■ ■ ■ www.dowl.com Karl Johnson, E.I.T. City of Ashland Engineering Department Page 11 of 25 Task 6.4.1 Pavement Testing Consultant shall conduct falling weight deflectometer (FWD) testing between the limits shown in Table 6.4.1. The FWD testing shall be conducted at 100-foot intervals in each of the through travel lanes in both directions plus up to 11 tests at each bridge approach and at the railroad crossing (total of up to approximately 181 tests). The FWD shall meet the calibration requirements given in the ODOT Pavement Design Guide. Assumptions: • FWD testing work shall be conducted during Monday through Friday between the hours of 9 AM and 4 PM. • Consultant shall provide traffic control for lane closures in accordance with the Oregon Temporary Traffic Control Handbook. Task 6.4.2 Pavement Analysis Consultant shall perform a review of the field data and engineering analysis to develop recommendations for rehabilitation and/or reconstruction, as appropriate. The pavement design analysis shall be conducted in accordance with the requirements of the ODOT Pavement Design Guide for the development of the pavement design(s) identified in Table 6.4.1. Assumptions: • The project team shall provide to Consultant classified traffic counts to be used for developing the traffic loading estimate. The truck traffic shall be classified by the FHWA axle category. • The City shall provide an estimate of the annual growth rate in truck traffic. If no growth data is available an assumed annual growth rate of 2% will'be used. • The pavement design is for Asphalt Concrete Pavement ("ACP") based on the alternatives shown in Table 6.4.1 (as feasible). • The pavement shall be designed in accordance with the 1993 AASHTO design methodology. • Consultant shall provide material recommendations for all pavements within the project boundaries, subgrade preparation in new pavement areas (as applicable), and mitigation of deleterious soil or fill conditions (if appropriate). Task 6.5 Geotechnical and Pavement Design Report Consultant shall prepare a "Geotechnical and Pavement Design Report"summarizing the findings and recommendations. The report must summarize the field observations, subsurface conditions, laboratory test data, analysis results, construction issues and geotechnical recommendations for foundation design, soil improvement and ■ ■ ■ ■ www.dowl.com Karl Johnson, E.I.T. City of Ashland Engineering Department Page 12 of 25 recommended pavement design alternatives including materials and specifications for construction. Deliverables)/Schedule: • A draft Geotechnical and Pavement Design Report will be submitted for review by the City. • A final stamped Geotechnical and Pavement Design Report in PDF format will be provided that incorporates the review comments by the City. Task 6.6 Review Meetings Consultant shall attend a design review meeting to discuss the findings and recommendations of the Geotechnical and Pavement Designs. Assumptions: • The meetings will be held via teleconference. TASK 7 HYDROLOGIC, HYDRAULIC, AND STORMWATER ANALYSES The major objectives of this task are to inspect, review, analyze and propose stormwater treatment facilities. In addition, a no-rise analysis of the N. Mountain Avenue bridge is included as a contingency. DOWL shall analyze existing storm systems on N. Mountain Avenue from 1-5 to E. Main Street for the 25 year (24hr) storm event (per City Standards) and if needed provide recommended solutions. Task 7.1 Site Reconnaissance Consultant's stormwater staff shall visit the Project site to inspect existing drainage conditions. The inspection must assess existing drainage patterns, identify existing storm sewer facilities within or near the Project site, and determine potential locations for stormwater treatment. A photographic log shall be developed. Deliverable(s)/Schedule: Consultant shall include: • Summary of site conditions into Stormwater Management Report under Task 7.3. Task 7.2 Stormwater Runoff Analysis Consultant shall calculate the volume of stormwater runoff from proposed semi-pervious and impervious surfaces within the Project limits and consider appropriate stormwater collection and, treatment methods per the City of Ashland Stormwater Design Standards and the Rogue Valley Stormwater Quality Design Manual. It is assumed that ■ ■ ■ ■ www.dowl.com Karl Johnson, E.I.T. City of Ashland Engineering Department Page 13 of 25 stormwater treatment will be provided where practical and feasible and all collected flows will be directed to existing or future storm drain infrastructure adjacent to the Project area. It is assumed that four (4) stormwater treatment facilities will be designed. Analysis of downstream storm drain capacity is not included in this scope. Deliverable(s)/Schedule: • Results of stormwater analysis into Stormwater Management Plan under Task 7.3. Task 7.3 Stormwater Management Plan Consultant shall summarize findings and recommendations in a Stormwater Management Plan. This plan must delineate the areas of runoff, characterize runoff conditions, discuss existing soil infiltration rates, and specify areas where treatment will be provided, and/or where stormwater improvements will direct runoff into the City's storm system. The stormwater management plan will include information as required by the City and as outlined in the DEQ Post-Construction Stormwater Management Plans Submission Guidelines. Maps must be included in the report that delineate the drainage patterns and treatment facilities. Deliverable(s)/Schedule: • Draft Stormwater Management Plan to be incorporated into Preliminary Design Package under Task 10.1. • Final Stormwater Management Plan to accompany Advance Plans Package under Task 11.1. Task 7.4 Operation and Maintenance Manuals Consultant shall prepare Operation and Maintenance Manuals for each stormwater facility included in the design. It is assumed that four (4) Operation and Maintenance Manuals will be prepared. Operation and Maintenance Manuals will be prepared in accordance with the requirements of the Rogue Valley Stormwater Quality Design Manual. Deliverables)/Schedule: • Draft Operation and Maintenance Manuals to accompany Advance Plans under Task 11.1. • Final Operation and Maintenance Manuals to accompany Final Plans Package under Task 12.1. Task C7.5 Hydraulic Report and No-Rise Certification (CONTINGENCY TASK) DOWL shall prepare a site-specific hydraulic model for the construction within the floodway. The site-specific hydraulic model must contain up to four (4) conveyance scenarios: (1) the duplicate effective Flood Insurance Study, (2) the corrected effective/existing condition scenario, (3)the proposed condition scenario and if required ■ ■ ■ ■ www.dowl.com Karl Johnson, E.I.T. City of Ashland Engineering Department Page 14 of 25 (4) the mitigation scenario. Consultant's model analyses must determine water surface profiles, velocities, channel characteristics, and changes in backwater elevations. Consultant shall prepare a no-rise analysis for the proposed improvements to the N. Mountain Avenue sidewalk that fall within the regulated floodway of Bear Creek. Consultant shall verify a no-rise in the 100-year base flood elevation in Bear Creek. Consultant shall summarize findings and recommendations from task 7.5 in a Hydraulic Report in accordance with the current ODOT Hydraulics Manual. Consultant's Hydraulic Report must include the following: site hydrology, flood history (if known), flood flows, velocities and water surface elevations, and summary output from the HEC-RAS hydraulic analysis. The report must include a certificate stamped by the engineer stating that Project improvements will result in a no-rise condition to the 100-year base flood elevation in Bear Creek. Consultant shall respond to review comments and submit a revised or amended Hydraulic Report as required. Consultant shall prepare a Hydraulic Mitigation Detail sheet to detail proposed hydraulic mitigation measures required at the site. Deliverable(s)/Schedule: Consultant shall include results of hydraulic analysis in deliverables for Task 7.5— Hydraulic Report • Consultant shall prepare and submit a Draft Hydraulics Report and No-Rise Certificate to the City with the Preliminary Plans submittal for Task 10.1. • Consultant shall prepare and submit a Final Hydraulics Report and No-Rise Certificate to the City with the Advance Plans submittal for Task 11.1. • Consultant shall prepare and submit a Hydraulic Mitigation Detail sheet with the Advance Plans submittal for Task 11.1. • Consultant shall prepare and submit a Hydraulic Mitigation Detail sheet with the Final Plans submittal for Task 12.1. TASK 8 —TRAFFIC ENGINEERING AND MANAGEMENT 8.1 Lighting Analysis Consultant shall complete a lighting analysis using AGI32 Lighting Analysis software to determine luminaire pole locations, luminaire type, wattages and mounting heights needed to meet standard light levels. The focus of the analysis will be to evaluate light levels at intersections and major crossing locations along N Mountain Ave, which includes the intersection at Nepenthe Rd and up to three (3) crossings. Achieved light levels will meet the minimum recommended light levels published in the Roadway Lighting IESNA RP-08 guidelines. This task does not include an evaluation of illumination alternatives or an analysis of light levels at intersections with any existing lighting. '■ ■ ■ ■ www.dowl.com Karl Johnson, E.I.T. City of Ashland Engineering Department Page 15 of 25 The results of the lighting analysis will be summarized in email format only, no technical memorandum is included in this task. Deliverable(s)/Schedule: Consultant shall provide: • One (1)field visit to verify existing luminaire information 8.2 Pedestrian Crossing Treatment Evaluation Consultant shall evaluate and make recommendations for pedestrian crossing treatments at up to two (2) locations on N Mountain Ave within the Project limits. Locations will be coordinated with the City prior to evaluation. Consultant shall evaluate potential enhancements based on information gathered in the field, City of Ashland standards, and NCHRP Report 562. Consultant shall make one site visit during the AM and PM peak hours to observe operations at the crossing locations. Future traffic data will be developed from travel demand forecasts provided by the Rogue Valley Council of Governments or the current version of the City's Transportation System Plan. Consultant shall collect the following traffic data for use in the analysis: • Four (4) bi-directional 24-hour traffic volume and truck classification count along N Mountain Ave within the project limits. Consultant shall utilize a qualified traffic counting service in order to obtain 24-hour classified traffic counts that include truck traffic to be classified by the FHWA axle category. • Travel demand forecasts from RVCOG to develop future traffic volumes and determine growth rate for use with the pavement design. Consultant shall summarize findings and recommendations in a brief Pedestrian Crossing Treatment Recommendation Memorandum. Any recommendations from the evaluation will be incorporated into the design (Tasks 8.3, 8.4, and C8.5). No traffic signal warrant analysis is included as part of this task. Deliverable(s)/Schedule: Consultant shall provide: • Draft and Final Pedestrian Crossing Treatment Recommendation Memorandum • One site visit during AM and PM peak hours • Attendance via conference call at one comment review meeting 8.3 Signing and Striping Design Consultant shall prepare final plans, specifications, and construction cost estimates for the roadway permanent signing and pavement markings associated with the proposed improvements. The design must be completed in accordance with applicable MUTCD ■ ■ ■ ■ www.dowl.com Karl Johnson, E.I.T. City of Ashland Engineering Department Page 16 of 25 and City standards. Consultant shall incorporate applicable ODOT Standard Drawings into the drawing set as detail sheets stamped by the Consultant. The following plan sheets are assumed as part of this task: • Pavement Marking Legend — 1 sheet (NTS) • Combined Roadway Permanent Signing and Pavement Marking Plans —6 sheets (1" = 40') • Permanent Signing Details —2 sheets (NTS) Deliverables)/Schedule: Consultant shall provide: • Preliminary Permanent Signing and Pavement Marking plans and cost estimates included in the Preliminary Plans submittal for Task 10.1 • Advance Permanent Signing and Pavement Marking plans, specifications, and estimate included in Advance PS&E submittal for Task 11.1 • Final Permanent Signing and Pavement Marking plans, specifications, and estimate with included in Final PS&E submittal for Task 12.1 • One (1) site visit combined with site visit in Task 8.1 • Attendance via conference call at two comment review meetings 8.4 RRFB Design Consultant shall prepare plans, specifications, and construction cost estimates for the design of the Rectangular Rapid Flashing Beacons (RRFB)within the project limits. The design must be completed in accordance with applicable MUTCD and ODOT standards. All traffic control devices installed in the state of Oregon are required to conform to the MUTCD and the Oregon Supplements as to the MUTCD as established by ORS 810.200 and OAR 734-020-0005. The following locations are assumed to be included as part of this task: • Pedestrian crossings (a max of 3) along N Mountain Ave per task 8.3 recommendations: o Plan Sheets • RRFB Legend — 1 Sheet (NTS) ■ RRFB Plans—2 Sheets (1"— 10') • RRFB Relocation Plan — 1 Sheet (1" — 10') • RRFB Detail — 1 Sheet (NTS) No traffic signal modifications are included as part of this task. Deliverable(s)/Schedule: Consultant shall provide: • Preliminary RRFB plans and costs included in the Preliminary Plans submittal for Task 10.1 • Advance RRFB plans, specifications, and estimate included in Advance PS&E submittal for Task 11.1 ■ ■ ■ ■ www.dowl.com Karl Johnson, E.I.T. City of Ashland Engineering Department Page 17 of 25 • Final RRFB plans, details, specifications, and estimate with included in Final PS&E submittal for Task 12.1 • One site visit combined with Task 8.2 • Attendance via conference call at two comment review meetings C8.5 Illumination Design (Contingency Task) Consultant shall prepare plans, specifications, and construction cost estimates for the intersection and crosswalk lighting as identified in Task 8.1. Preferred luminaire model, mounting height, and arm length will be coordinated with the City. The design must be completed in accordance with electrical and City standards. Consultant shall incorporate applicable City Standard Drawings into the drawing set as detail sheets stamped by the Consultant. Consultant shall provide a layout of continuous roadway lighting along N Mountain Ave from Fair Oaks Ave to E Hersey St, for future lighting improvements. Plans will not include electrical conduit, junction boxes, or wiring. The following plan sheets are assumed as part of this task: • Illumination Legend — 1 sheet (NTS) • Illumination Design at Intersections and Pedestrian Crossings—4 sheets (1" = 20') • Illumination Details —2 sheets (NTS) Deliverable(s)/Schedule: Consultant shall provide: • Preliminary Illumination plans and costs included in the Preliminary Plans submittal for Task 10.1 • Advance Illumination plans, specifications, and estimate included in Advance PS&E submittal for Task 11.1 • Final Illumination plans, details, specifications, and estimate with included in Final PS&E submittal for Task 12.1 • One site visit combined with Task 8.2 • Attendance via conference call at two comment review meetings TASK 9 RIGHT OF WAY ("ROW") ACQUISITION Task 9.1 Preliminary Activities / ROE Utilizing the project base maps and cross sections, Consultant will assist in identifying needed right of way for the proposed design. Consultant will attend pre project meetings and pre project property owner meetings and will coordinate with project team on scope of meetings and associated ROW input. Consultant will prepare and present ROW direction to Project Team, as needed and participate in Project Team calls and Assigned Action Items, as needed. Consultant will obtain up to 10 Rights of Entry as needed. w • • ■ www.dowl.com Karl Johnson, E.I.T. City of Ashland Engineering Department Page 18 of 25 Task C9.2 Cost Estimate (CONTINGENCY TASK) Consultant will prepare a right of way cost estimate. Consultant will provide a spreadsheet of potential right-of-way acquisitions, listing phone numbers, site addresses and type(s) of acquisitions from each parcel: parcel maps, and right-of-way acquisition and preliminary cost estimates for each parcel. Task 9.3 Twenty-Three (23) Minimum Payment Offers Consultant shall identify all property owners, and compile property owner information needed to acquire necessary property rights. This is including but not limited to property owner vesting, phone numbers, email addresses, and mailing addresses. Consultant shall attend up to five (5) project meetings virtually, and Consultant shall provide weekly progress reports. Upon receipt of authorization to proceed with ROW Acquisition, Consultant shall attempt to arrange contacts with property owners and identify property and Project issues by providing the following services for each file: • Consultant shall prepare a minimum payment offer letter and associated proposed agreement documents. The minimum payment offer letter must follow the template provided by the City. The proposed agreement documents must include information detailing the terms of the temporary easement and a sketch indicating the limits of the temporary easement. Consultant shall deliver the minimum payment offer letters and associated proposed agreement documents to all owners via certified mail with proof of delivery kept in the parcel file. • Consultant shall arrange negotiation contacts with property owners and identify property and Project issues for each file. • Consultant shall contact property owners to provide general information about the Project and answer any questions related to the minimum payment offer terms. • If property owners are willing to accept the minimum payment offer, Consultant shall ensure the signed agreement documents are sent to the City for final approval and payment. • If a counteroffer is received, Consultant shall submit the proposed counter offer with a justification letter and owner supplied supporting documentation to City for approval. If accepted see proceeding bullet. • If an acceptable agreement is not reached, Consultant shall document this decision in the file and notify City that the standard ROW acquisition process must be used. • Consultant shall prepare and maintain a Report of Personal Interview for each file. ■ ■ ■ ■ www.dowl.com Karl Johnson, E.I.T. City of Ashland Engineering Department Page 19 of 25 Task C9.4 Seven (7) Minimum Payment Offers (CONTINGENCY TASK) Consultant shall identify all property owners, and compile property owner information needed to acquire necessary property rights. This is including but not limited to property owner vesting, phone numbers, email addresses, and mailing addresses. Upon receipt of authorization to proceed with ROW Acquisition, Consultant shall attempt to arrange contacts with property owners and identify property and Project issues by providing the following services for each file: • Consultant shall prepare a minimum payment offer letter and associated proposed agreement documents. The minimum payment offer letter must follow the template provided by the City. The proposed agreement documents must include information detailing the terms of the temporary easement and a sketch indicating the limits of the temporary easement. Consultant shall deliver the minimum payment offer letters and associated proposed agreement documents to all owners via certified mail with proof of delivery kept in the parcel file. • Consultant shall arrange negotiation contacts with property owners and identify property and Project issues for each file. • Consultant shall contact property owners to provide general information about the Project and answer any questions related to the minimum payment offer terms. • If property owners are willing to accept the minimum payment offer, Consultant shall ensure the signed agreement documents are sent to the City for final approval and payment. • If a counteroffer is received, Consultant shall submit the proposed counter offer with a justification letter and owner supplied supporting documentation to City for approval. If accepted see proceeding bullet. • If an acceptable agreement is not reached, Consultant shall document this decision in the file and notify City that the standard ROW acquisition process must be used. • Consultant shall prepare and maintain a Report of Personal Interview for each file. Assumptions: • The Minimum Payment Offer will be $500 and will not require valuation services. • There is no Relocation on this project. If Relocation services are needed the scope and budget will be adjusted accordingly. • There are no Rights of Entry(ROE) needed on this project. If ROE services are needed the scope and budget will be adjusted accordingly. • A cost estimate is not needed on this project. If cost estimating services are needed the scope and budget will be adjusted accordingly. • Appraisal services are not needed for this project. If appraisal services are needed the scope and budget will be adjusted accordingly. • If a property owner does not accept the minimum payment offer and appraisal and acquisition services are needed, the scope and budget will be adjusted accordingly. • DOWL to provide title reports and/or trios. ■ ■ ■ ■ www.dowl.com Karl Johnson, E.I.T. City of Ashland Engineering Department Page 20 of 25 • Escrow services and title insurance will be paid for by the City of Ashland. • The City will make payment to property owners and record documents if needed. • DOWL will complete the legal descriptions. • Rates subject to annual escalation. Task C9.5 Appraisal and Appraisal Review (CONTINGENCY TASK) Consultant shall use appraisers who are licensed or certified in the State of Oregon and competent in eminent domain appraising. Consultant shall provide one real estate appraisal for each property or properties which constitute the "larger parcel." Consultant shall provide not fewer than 15 days' written notice to owners of the planned appraisal inspections. The property owner and designated representative, if any, shall be invited to accompany the appraiser on any inspection of the property for appraisal purposes. Consultant shall send this notice via certified mail with proof of delivery and kept in the parcel file. Consultant shall perform independent reviews of appraisals. Consultant shall ensure that the same firm does not perform both the appraisals and the appraisal reviews. Consultant shall forward both appraisal and review to City for final approval. City will establish just compensation for each property owner and will notify the Consultant. Task C9.6 Acquisition Services (CONTINGENCY TASK) Consultant shall identify all property owners, and compile property owner information needed to acquire necessary property rights. This is including but not limited to property owner vesting, phone numbers, email addresses, and mailing addresses. All right of way shall be acquired in the name of City. Consultant shall conduct negotiations, on behalf of the City, in good faith and in compliance with all federal and state laws and regulations. Consultant shall conduct negotiations for acquisition of real property based on Appraisal Review. Consultant shall be responsible for working with the title company to clear title encumbrances identified on the Preliminary Title Report or making the offer subject to clearing title encumbrances. Consultant shall present any requests for taking title subject to one or more outstanding interests to City for approval. Fee owners' and contract purchasers' ownership interests must be cleared. When impacted by the taking, lessees' interests must also be cleared. Consultants shall prepare and present to City the draft Offer Packets. All offers will be made on City letterhead, will include City contact information, and will be signed by City. ■ ■ ■ ■ www.dowl.com Karl Johnson, E.I.T. City of Ashland Engineering Department Page 21 of 25 These Offer Packets shall include, but are not limited to, acquisition and relocation brochures, offer-benefit letter, acquisition and relocation summary statements, conveyance documents and exhibits (to be approved by the City's legal department), copy of appraisal, map of acquisition, instruments of conveyance and W-9 form (if money is exchanged). If possible, Consultant shall make offers in person, especially where the acquisition involves either a major impact to the property or the displacement of persons occupying the property. If this is deemed not possible, Consultant shall send via certified mail. Proof of delivery must be documented in the Report of Personal Interview and file. Consultant shall make every reasonable effort to acquire the ROW expeditiously by negotiation. Consultant shall give property owners reasonable opportunity to consider the offer (statutorily 40 calendar days) and to present material the owner believes is relevant to determining the value of the property. Consultant shall attempt to negotiate an approved administrative settlement, but shall not advance the time of condemnation, or defer negotiations or condemnation or the deposit of funds with the court, or take any other coercive action in order to induce an agreement on the price to be paid for the property (49 CFR 24.102(h)). • IF the OFFER is ACCEPTED, Consultant shall obtain escrow services from a local title company for permanent acquisitions and coordinate closing transactions between the title company and the City. Consultant shall forward all signed Temporary Construction Easements to the City for processing. • IF a COUNTER OFFER is received, Consultant shall submit the proposed COUNTER OFFER (exceeding the estimate of just compensation) with a justification letter and owner supplied supporting documentation to City for approval. If accepted see above. • IF an acceptable agreement is not reached, Consultant shall prepare and submit a Recommendation for Condemnation. Consultant shall continue documenting the Report of Personal Interview for each file. The Report of Personal Interview must include contact with property owners, owner's attorneys and occupants; efforts to achieve amicable settlements; owners' suggestions for changes in plans; responses to owners' counterproposals etc. Task C9.7 Condemnation Process Assistance (CONTINGENCY TASK) After good faith effort has been made to acquire ROW at the City's determination of just compensation, if settlement with the property owner(s) is NOT reached, Consultant shall: • With City authorization, send Final Offer letter to the property owner in accordance with the ROW Manual. • Provide information and clarification to City and City in support of mediation and condemnation proceedings, and assist property owner with any relocation according to the Consultant Services Guide. ■ ■ ■ ■ www.dowl.com Karl Johnson, E.I.T. City of Ashland Engineering Department Page 22 of 25 Note: City will initiate Condemnation proceedings. Assumptions: • The Minimum Payment Offer will be used for temporary construction easements associated with the reconstruction of ADA ramps only. • The Minimum Payment Offer will be $500 and will not require valuation services. • There is no Relocation on this project. If Relocation services are needed the scope and budget will be adjusted accordingly. • There are up to 10 potential Minimum Payment Offer files and 5 potential permanent easement files that have been identified. • DOWL to provide title reports. • Escrow services and title insurance are necessary for Permanent acquisitions only. DOWL Minimum Payment Offer files will require a Trio or information from the Assessor's website only. • Temporary Construction Easements will not be recorded. • The City will make payment to property owners and record documents if needed. • DOWL will complete the legal descriptions. • Rates subject to annual escalation.. Task 10 PREPARE PRELIMINARY DESIGN PACKAGE Task 10.1 Prepare Preliminary Plans Preliminary design of the project shall include location/layout of new curbs, sidewalks including ADA ramps, driveways as necessary, paving limits, bridge rail replacement, and storm drain modifications. The bridge rail will be designed to meet NCHRP 350 standards. The design shall also indicate the location for additional signing and striping necessary to meet current standards for each intersection (see task 8.2 for more details). Consultant shall produce preliminary plan sheets displaying the design to approximately a 30% level of completeness. Up to 30 plan sheets and 21 ADA ramp detail sheets will be produced in 11" x 17" format with a 40 scale and submitted electronically (pdf) for review to the City. Construction details, staging plans, and erosion & sediment control plans will not be submitted with the preliminary design package. The design package will be reviewed by the City, and the City will provide written review comments, as necessary. Deliverable(s)/Schedule: • DOWL shall provide the City a PDF of the items above for review and comment. ■ ■ ■ ■ www.dowl.com Karl Johnson, E.I.T. City of Ashland Engineering Department Page 23 of 25 Task 10.2 Prepare Preliminary Quantities/Cost Estimate DOWL shall calculate estimated construction quantities and generate a Preliminary Engineer's Cost Estimate to accompany the Preliminary plans for review and comment by the City Staff. Task 10.3 Preliminary Independent Design Check/Review According to DOWL policy and procedures, DOWL shall conduct an independent QA/QC review of all design deliverables and quantities prepared and submitted to the City. Documentation of this internal review will be kept in DOWL's project files and will be available to the City upon request. TASK 11 PREPARE ADVANCED PLANS, SPECS & COST ESTIMATE Task 11.1 Prepare Advanced Plans DOWL will prepare and submit Advance (90%) contract plans for review by City Staff. City feedback from the preliminary design will be incorporated into the Advance Plans. DOWL will incorporate City of Ashland standard details into the drawing set, as needed. For budgeting purposes, it is anticipated that the Advance and Final Plans will consist of the following list of 11" x 17" plan sheets: Title Sheet 1 sheet Index Sheet 1 sheet Typical Sections 4 sheets Construction Details 4 sheets ADA Ramp Details 21 sheets Traffic Control Plans/Details 10 sheets Pipe Data Sheet 1 sheet General Construction & Utility Plan 14 sheets Drainage Detail Plans 8 sheets Bridge Plans/Details 4 sheets Permanent Signing & Pavement Marking Plans 9 sheets (Task 8.3) RRFB Plans/Details 5 sheets (Task 8.4) Illumination Plans/ Details 7 sheets (Task C8.5) Erosion Control Plan/Details 10 sheets Total 99 sheets Deliverable(s)/Schedule: • DOWL shall provide the City with a PDF of the above items for review and comment per the project schedule. DOWL shall provide responses to the City's preliminary comment log. ■ ■ ■ ■ www.dowl.com Karl Johnson, E.I.T. City of Ashland Engineering Department Page 24 of 25 Task 11.2 Prepare Advanced Quantities/Cost Estimate DOWL shall calculate detailed construction quantity estimates and generate a detailed Engineer's Cost Estimate to accompany the Advanced plans. Task 11.3 Prepare Advanced Specifications DOWL shall prepare bid book including draft specifications and special provisions for the purposes of bidding. Specifications shall conform to the 2021 Oregon Standard Specifications for Construction. Task 11.4 Advanced Independent Design Check/Review According to DOWL policy and procedures, DOWL shall conduct an independent QA/QC review of all design deliverables and quantities prepared and submitted to the City. Documentation of this internal review will be kept in DOWL's project files and will be available to the City upon request. TASK 12 PREPARE FINAL PLANS, SPECS & COST ESTIMATE Task 12.1 Prepare Final Plans DOWL will prepare and submit final contract plans for the purposes of bidding. City feedback from the Advanced plans up to one set of comments will be incorporated into the final plans. All plan sheets will be produced in 11" x 17" format and submitted on Mylar film. Task 12.2 Prepare Final Quantities/Cost Estimate DOWL shall calculate detailed construction quantity estimates and generate a detailed Engineer's Cost Estimate to accompany the final plans. Task 12.3 Prepare Final Specifications DOWL shall prepare bid book including final specifications and special provisions for the purposes of bidding. Specifications shall conform to the 2021 Oregon Standard Specifications for Construction and the ODOT and City Standards. Task 12.4 Final Independent Design Check/Review According to DOWL policy and procedures, DOWL shall conduct an independent QA/QC review of all design deliverables and quantities prepared and submitted to the City. Documentation of this internal review will be kept in DOWL's project files and will be available to the City upon request. ■ ■ ■ ■ www.dowl.com Karl Johnson, E.I.T. City of Ashland Engineering Department Page 25 of 25 TASK 13 BIDDING ASSISTANCE Task 13.1 Pre-bid Meeting DOWL will conduct one on-site pre-bid meeting to allow contractors to ask questions and fully understand the project requirements. Task 13.2 Bidder Questions and Addendums DOWL shall assist the City during the bidding process by answering contractor questions and preparing addenda, as necessary. Task 13.3 Bid Evaluation DOWL shall assist the City in securing construction bids for a contractor to perform the relocation work. DOWL will contact contractors approved by the City to invite them to bid. The City will be responsible for advertisement and receipt of all bids. DOWL will produce a bid tabulation and assist the City with evaluation of bids. Estimated Fee DOWL proposes to perform this scope of services on a time-and-materials basis for a cost not to exceed $836,799.07, and contingency tasks if released by the City, in the amount of$108,694.74 as shown in the attached spreadsheet of estimated labor costs and expenses. These costs are in accordance with and based upon DOWL's 2021 Standard Billing Rates, also attached. We hope that this proposal provides you with the information you require at this time. We look forward to working with you on this project. Sincerely, Jaime Jordan, PE Project Manager ■ ■ ■ ■ www.dowl.com EXHIBIT B CITY OF ASHLAND, OREGON City of Ashland LIVING ALL employers described WAG E below must comply with City of Ashland laws regulating ea ment of a living wase. $15.96 per hour, effective June 30, 2021. The Living 'Wage.is adjusted annually every' 'June 30 by.the' Consumer Price 'Index. .. Employees must be paid a portion of business of their 401K and IRS eligible living wage: employer, if the employer has cafeteria plans(including ten or more employees, and childcare) benefits to the has received financial amount of wages received by assistance for the project or the employee. > For all hours worked under a business from the City of service contract between their Ashland in excess of > Note: For temporary and employer and the City of $22,310.46. part-time employees,the Ashland if the contract Living Wage does not apply exceeds$22,310.46 or more. > If their employer is the City of to the first 1040 hours worked Ashland, including the Parks in any calendar year. For > For all hours worked in a and Recreation Department. more details, please see month if the employee spends Ashland Municipal Code 50%or more of the > In calculating the living wage, Section 3.12.020. employee's time in that month employers may add the value working on a project or of health care, retirement, For additional information: Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, Oregon 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 employees. CITY OF ASHLAND Page 1 of 1: EXHIBIT B , EXHIBIT C CERTIFICATIONS/REPRESENTATIONS: Consultant,by and through its authorized representative,under penalty of perjury,certifies that(a)the number shown on the attached W-9 form is its correct taxpayer ID(or is waiting for the number to be issued to it and(b) Consultant is not subject to backup withholding because: (i)it is exempt from backup withholding, or(ii)it has not been notified by the Internal Revenue Service(IRS)that it is subject to backup withholding as a result of a failure to report all interest or dividends,or(iii)the IRS has notified it that it is no longer subject to backup withholding. Consultant further represents and warrants to City that: (a)it has the power and authority to enter into this Agreement and perform the Work,(b)the Agreement,when executed and delivered, shall be a valid and binding obligation of Consultant enforceable in accordance with its terms, (c)the work under the Agreement shall be performed in accordance with the highest professional 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 th apply to its business. (1)Consultant carries out the work or services at a location separate from a private Z2sidence or is in a specific portion of a private residence,set aside as the location of the business. )Commercial advertising or business cards or a trade association membership are purchased for the business. (3)Telephone listing is used for the business separate from the personal residence listing. y-(4)Labor or services are performed only pursuant to written contracts. Labor or services are performed for two or more different persons within a period of one year. (6)Consultant assumes financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission(professional liability)insurance or liability insurance relating to the Work or services to be provided. ,,krac..— ,L,(1"1/1is 2+c 317-3 ( 1oZ/ - Date Page 1 of 1: EXHIBIT C ® DATE(MM/DD/YYYY) A CERTIFICATE OF LIABILITY INSURANCE 03/28/2022 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 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 NAME: Parker,Smith&Feek,Inc. PHONE 509-789-8350 FAX 509-931-0794 16201 E Indiana Ave,Suite 1000 E-MAILo.NExtl: (AIC,NoI: Spokane Valley,WA 99216 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: National Fire Ins.Hartford INSURED INSURER B: Continental Insurance Co. DOWL,LLC 920 Country Club Road,Suite 100B INSURER C: American Casualty Co.of Reading,PA Eugene,OR 97401 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 INSR WVD POLICY NUMBER (MM/DDIYYYY) (MM/DDIYYYY) LIMITS A GENERAL LIABILITY 6080818241 05/01/2021 05/01/2022 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 500OQ� K COMMERCIAL GENERAL LIABILITY X X PREMISES(Ea occurrence) $ CLAIMS-MADE K OCCUR MED EXP(Any one person) $ 15,000 K BI/PD DED:$10,000 PERSONAL&ADV INJURY $ 1,000,000 • GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 7 POLICY n JECTPRO- K LOC $ A AUTOMOBILE LIABILITY 6080881839 05/01/2021 05/01/2022 Ea aBI EDt)SINGLE LIMIT _ 1,000,000 K ANY AUTO X X BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE HIRED AUTOS —AUTOS (Per accident) B UMBRELLA LIAB K OCCUR 6080818255 05/01/2021 05/01/2022 EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE X X AGGREGATE $ 10,000,000 DED K RETENTION$$10,000 _$ C WORKERS COMPENSATION WC680818238 K TWC ORY LIMITS OT AND EMPLOYERS'LIABILITY Y/N 05/01/2021 05/01/2022 ANY PROPRIETOR/PARTNER/EXECUTIVE N/A USL&H,WC,Stop Gap E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? Included 1,000,000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under **USL&H,WC,Stop Gap 1,000,000 DESCRIPTION OF OPERATIONS below _,..,-, E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Project No.2752.80159.00,North Mountain Avenue Overlay-1-5 to E.Main City of Ashland,Oregon and its elected officials,officers and employees are additional insureds on the general liability,automobile,and excess liability policies per the attached endorsements/forms... (See Attached Description) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Ashland,Oregon 20 East Main Street AUTHORIZED REPRESENTATIVE Ashland,OR 97520 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 1 of 33 (CMC00) DESCRIPTIONS (Continued from Page 1. ) Coverage is primary and non-contributory on the general liability,automobile,and excess liability policies per the attached endorsements/forms. Waiver of subrogation applies on the general liability,automobile,and excess liability policies per the attached endorsements/forms. Notice of cancellation for the general liability,automobile,workers compensation,and excess liability policies per the attached forms. 2 of 33 (CMC00) CNA Blanket Additional Insured - Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement , This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage;and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-01 edition of CG2037;or B. additional insured coverage with"arising out of' language; or C. additional insured coverage to the greatest extent permissible by law; { then paragraph I.above is deleted in its entirety and replaced by the following: { WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance,the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage,or personal and advertising injury arising out of: A. the rendering 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;and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS,the Condition entitled Other Insurance is amended to add the following,which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: Primary and Noncontributory Insurance CNA75079XX(10-16) Policy No: 6080818241 Page 1 of 2 Endorsement No: Insured Name: DOWL, LLC Effective Date: 05/01/2021 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission, _ _ CNA Blanket Additional Insured - Owners, Lessees or Contractors -with Products-Completed Operations Coverage.Endorsement With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured;or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence,Offense,Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense,or settlement of the claim;and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self-insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory,this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement,the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is forattachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below,and expires concurrently with said Policy.. CNA75079XX(10-16) - - Policy No: 6080818241 Page 2 of 2 Endorsement No: Insured Name: DOWL, LLC Effective Date: 05/01/2021 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects, Engineers and.Surveyors General Liability Extension Endorsement 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury,property damage or personal and advertising injury arising out of operations performed for the•state or:governmental agency or subdivision or political'subdivision;or b. Bodily injury or property.damage included within the products-completed operations hazard. With respect to this provision's requirement that additional insured status must be requested urider a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured, I. Trade Show Event Lessor 1. With respect tea Named Insured's participation in a trade show event as an exhibitor,presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured,but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a. the Named Insured's acts or omissions;or b. the acts or omissions of'those acting on the Named Insured's behalf, in the performance.of the Named Insured's ongoing operations at the trade show event premises during the tradeshow event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the.products-completed operations hazard. 2. ADDITIONAL INSURED-PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is_primary and non- contributory relative to an additional insured's own:insurance, then this insurance is.primary, and the Insurer will not. seek contribution from that other insurance. For the purpose of this Provision 2., the additional insureds,owh insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in.this Condition, the insurance provided to such person or•organization is excess :of any other insurance'available to such person or organization. .3. ADDITIONAL INSURED—EXTENDED COVERAGE When an additional insured is added by this or any other endorsement attached to this Coverage Part, WHO IS AN INSURED is amended to make the following natural persons Insureds. If the additional insured is: a. An individual,then his or her spouse is an Insured; b. A partnership or joint venture, then its partners,members and their spouses are Insureds; c. A limited liability company,then its members and managers are Insureds;or d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are Insureds; CNA74858XX(1-15) Policy No: 6080818241 Page 4 of 18 _ Endorsement No: 4 Nat'1 Fire Ins Co of Hartford Effective Date: 05/-01/2021 Insured Name: DOW L, LLC Copyright CNA All Rights Reserved. Includes copyrighted material 0 Insurance Services Office.Inc..with its permission. CNA Architects, Engineers and Surveyors General Liability Extension Endorsement services performed for the Named Insured under the Named Insured's direct supervision. All limitations that apply to employees and volunteer workers also apply to anyone qualifying as an Insured under this Provision. 24. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B is amended as follows: A. Paragraph Lb. is amended to delete the$250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 25. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 26. WAIVER OF SUBROGATION -BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products-completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 27. WRAP-UP EXTENSION: OCIP, CCIP,OR CONSOLIDATED(WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs(C.C.I.P.) is attached,then the following changes apply: A. The following wording is added to the above-referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor 2. Bodily injury or property damage included within the products-completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1)(c): This insurance is excess over: CNA74858XX(1-15) Policy No: W001 i i❑❑❑❑ Page ❑❑of I it I Endorsement No: El Effective Date: 05/01/2021 011111-isured Name: ❑❑❑ ®❑❑ Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 6 of 33 (CMC00) CNA CNA PARAMOUNT Cancellation 1 Non-Renewal—Washington Wherever used in this endorsement: 1) Insurer means"we","us", "our"or the"Company"as those terms may be defined in the policy; and 2) Named Insured means the first person or entity named on the declarations page; and 3) "Insureds" means all persons or entities afforded coverage under the policy. Any cancellation, non-renewal or termination provisions in the policy are deleted in their entirety and replaced with the following: CANCELLATION AND NON-RENEWAL A. CANCELLATION 1. The:Named Insured may cancel the policy at ariy time.To do so,the Named Insured must: a. return.the policy to the Insurer Or any of its authorized representatives indicating the effective date of cancellation;'or b. provide a written notice by mail fax or e-mail to the Insurer or any of its.authorized representative stating when the cancellation is to be effective; c. provide verbal notice to the Insurer or any of its authorized representative indicating when the cancellation is to be effective. The Insurer will promptly cancel the policy upon notice of cancellation from the Named Insured the date the Notice is received or the date the Named Insured requests cancellation. 2. The Insurer may cancel the policy by mailing or delivering to the Named Insured and tp its producer written notice of cancellation; including the;actual reason for the cancellation,at the last mailing address known to the Insurer,at least: a. ten (10) days before the effective date of cancellation if the insurer cancels for non-payment of premium;or b. sixty (60) days before the effective date of cancellation if the Insurer cancels for any other reason. 3. Like notice of cancellation will also be mailed to any mortgage holder, pledge or other person shown in the policy with an interest in any loss'which may occur thereunder,at their last mailing address known to $ the Insurer. 4. Notice of cancellation will slate the effective date of cancellation. The policy-period will end-on that date_ If notice is mailed,proof of mailing will be sufficient proof of notice. B. PREMIUM REFUND If this policy is canceled,the Insurer will send the Named Insured any premium refund due. lithe Insurer cancels, the refund will be pro rata. If the.Named Insured cancels,the refund will be on a short'rate basis.The cancellation will be effective even if the Insurer has not made or not offered a refund. EEEE CNA62814WA.(9-12) Policy No: 6080818241 Page 1 of 2 Endorsement No: 26 Nat'l Fire Ins Co of Hartford Effective Date: 05/01/2021 Insured Name: DOWL, LLC Copyright CNA All Rights Reserved. 19 Mobile Only those"autos"that are land vehicles and that would qualify under the definition Equipment of"mobile equipment"under this policy if they were not subject to a compulsory or Subject To financial responsibility law or other motor vehicle insurance law where they are Compulsory Or licensed or principally garaged. Financial Responsibility Or Other Motor Vehicle Insurance Law Only B. Owned Autos You Acquire After The.Policy SECTION II—COVERED AUTOS LIABILITY Begins COVERAGE 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered A. Coverage next to a coverage in Item Two of the We will pay all sums an "insured" legally must pay Declarations, then you have coverage for as damages because of"bodily injury" or"property "autos" that you acquire of the type described damage" to which this insurance applies, caused for the remainder of the policy period. by an "accident" and resulting from the ownership, 2. But, if Symbol 7 is entered next to a coverage maintenance or use of a covered "auto". in Item Two of the Declarations, an "auto" you We will also pay all sums an "insured" legally must acquire will be a covered "auto" for that pay as a "covered pollution cost or expense" to coverage only if: which this insurance applies, caused by an a. We already cover all "autos" that you own "accident" and resulting from the ownership, for that coverage or it replaces an "auto" maintenance or use of covered "autos". However, you previously owned that had that we will only pay for the "covered pollution cost or coverage; and expense" if there is either "bodily injury" or b. You tell us within 30 days after you acquire "property damage"to which this insurance applies it that you want us to cover it for that that is caused by the same"accident". coverage. We have the right and duty to defend any C. Certain Trailers, Mobile Equipment And "insured"against a "suit" asking for such damages Temporary Substitute Autos . or a "covered pollution cost or expense". However, we have no duty to defend any "insured" against a If Covered Autos Liability Coverage is provided by "suit" seeking damages for "bodily injury" or this Coverage Form, the following types of "property damage" or a "covered pollution cost or vehicles are also covered "autos" for Covered expense" to which this insurance does not apply. Autos Liability Coverage: We may investigate and settle any claim or "suit" 1. "Trailers" with a load capacity of 2,000 pounds as we consider appropriate. Our duty to defend or or less .designed primarily for travel on public settle ends when the Covered Autos Liability roads. Coverage Limit of Insurance has been exhausted 2. "Mobile equipment" while being carried or by payment of judgments or settlements. towed by a covered "auto". 1. Who Is An Insured 3. Any "auto" you do not own while used with the The following are"insureds": permission of its owner as a temporary a. You for any covered "auto". substitute for a covered "auto" you own that is out of service because of its: b. Anyone else while using with your permission a covered "auto" you own, hire a. Breakdown; or borrow except: b. Repair; (1) The owner or anyone else from whom c. Servicing; you hire or borrow a covered "auto". d. "Loss"; or This exception does not apply if the covered "auto" is a "trailer" connected to e. Destruction. a covered "auto"you own. Page 2 of 12 ©Insurance Services Office, Inc., 2011 CA 00 01 10 13 8 of 33 (CMC00) (2) Your"employee" if the covered "auto" is These payments will not reduce the Limit of owned by that "employee" or a member Insurance. of his or her household. b. Out-of-state Coverage Extensions (3) Someone using a covered "auto" while While a covered "auto" is away from the he or she is working in a business of state where it is licensed,we will: selling, servicing, repairing, parking or storing "autos unless that business is (1) Increase the Limit of Insurance for yours. Covered Autos Liability Coverage to meet the limits specified by a (4) Anyone other than your "employees", compulsory or partners (if you are a partnership), financial responsibility law of the jurisdiction where the covered members (if you are a limited liability "auto" is being used. This extension company) or a lessee or borrower or does not apply to the limit or limits any of their "employees", while moving specified by any law governing motor property to or from a covered "auto". carriers of passengers or property. (5) A partner (if you are a partnership) or a (2) Provide the minimum amounts and member (if you are a limited liability types of other coverages, such as no- company)for a covered "auto"owned by -fault, required of out-of-state vehicles by him or her or a member of his or her the jurisdiction where the covered "auto" household. is being used. c. Anyone liable for the conduct of an We will not pay anyone more than once for "insured" described above but only to the the same elements of loss because of extent of that liability. these extensions. 2. Coverage Extensions B. Exclusions a. Supplementary Payments. This insurance does not apply to any of the We will pay for the"insured": following: (1) All expenses we incur. 1. Expected Or Intended Injury (2) Up to $2,000 for cost of bail bonds "Bodily injury" or "property damage" expected (including bonds for related traffic law or intended from the standpoint of the violations) required because of an "insured". "accident" we cover. We do not have to 2. Contractual furnish these bonds. (3) The cost of bonds to release Liability assumed under any contract or attachments in any "suit" against the agreement. "insured" we defend, but only for bond But this exclusion does not apply to liability for amounts within our Limit of Insurance. damages: (4) All reasonable expenses incurred by the a. Assumed in a contract or agreement that is "insured" at our request, including actual an "insured contract", provided the "bodily loss of earnings up to $250 a day injury" or "property damage" occurs because of time off from work. subsequent to the execution of the contract or agreement; or (5) All court costs taxed against the "insured" in any "suit" against the b. That the "insured" would have in the "insured" we defend. However, these absence of the contract or agreement. payments do not include attorneys' fees 3. Workers'Compensation or attorneys'expenses taxed against the Any obligation for which the "insured" or the "insured". "insured's" insurer may be held liable under (6) All interest on the full amount of any any workers' compensation, disability benefits judgment that accrues after entry of the or unemployment compensation law or any judgment in any "suit" against the similar law. "insured"we defend, but our duty to pay interest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. CA 00 01 10 13 ©Insurance Services Office, Inc., 2011 Page 3 of 12 9 of 33 (CMC00) 4. Loss Payment—Physical Damage 5. Other Insurance Coverages a. For any covered "auto" you own, this At our option,we may: Coverage Form provides primary a. Pay for, repair or replace damaged or insurance. For any covered "auto"you don't stolen property; own, the insurance provided by this Coverage Form is excess over any other b. Return the stolen property, at our expense. collectible insurance. However, while a We will pay for any damage that results to covered "auto" which is a "trailer" is the"auto"from the theft; or connected to another vehicle, the Covered c. Take all or any part of the damaged or Autos Liability Coverage this Coverage stolen property at an agreed or appraised Form provides for the"trailer" is: value. (1) Excess while it is connected to a motor If we pay for the "loss", our payment will vehicle you do not own; or include the applicable sales tax for the (2) Primary while it is connected to a damaged or stolen property. covered "auto"you own. 5. Transfer Of Rights Of Recovery Against b. For Hired Auto Physical Damage Coverage, Others To Us any covered "auto" you lease, hire, rent or If any person or organization to or for whom we borrow is deemed to be a covered "auto" make payment under this Coverage Form has you own. However, any "auto" that is rights to recover damages from another, those leased, hired, rented or borrowed with a rights are transferred to us. That person or driver is not a covered "auto". organization must do everything necessary to c. Regardless of the provisions of Paragraph secure our rights and must do nothing after a. above, this Coverage Form's Covered "accident"or"loss"to impair them. Autos Liability Coverage is primary for any B. General Conditions liability assumed under an "insured 1. Bankruptcy contract". Bankruptcy or insolvency of the"insured"or the d. When this Coverage Form and any other "insured's" estate will not relieve us of any Coverage Form or policy covers on the obligations under this Coverage Form. same 'basis, either excess or primary, we will pay only our share. Our share is the 2. Concealment, Misrepresentation Or Fraud proportion that the Limit of Insurance of our This Coverage Form is void in any case of Coverage Form bears to the total of the fraud by you at any time as it relates to this limits of all the Coverage Forms and Coverage Form. It is also void if you or any policies covering on the same basis. other "insured", at any time, intentionally 6. Premium Audit conceals or misrepresents a material fact a. The estimated premium for this Coverage concerning: Form is based on the exposures you told us a. This Coverage Form; you would have when this policy began. We b. The covered "auto"; will compute the final premium due when c. Your interest in the covered "auto"; or we determine your actual exposures. The estimated total premium will be credited d. A claim under this Coverage Form. against the final premium due and the first 3. Liberalization Named Insured will be billed for the If we revise this Coverage Form to provide balance, if any. The due date for the final more coverage without additional premium premiumateshownas retrospectiveeedate premium is the date the due date on the bill. If charge, your policy will automatically provide the estimated total premium exceeds the the additional coverage as of the day the final premium due, the first Named Insured revision is effective in your state. will get a refund. 4. No Benefit To Bailee—Physical Damage b. If this policy is issued for more than one Coverages year, the premium for this Coverage Form We will not recognize any assignment or grant will be computed annually based on our any coverage for the benefit of any person or rates or premiums in effect at the beginning organization holding, storing or transporting of each year of the policy. property for a fee regardless of any other provision of this Coverage Form. CA 00 01 10 13 ©Insurance Services Office, Inc., 2011 Page 9 of 12 10 of 33 (CMC00) POLICY NUMBER: 6080881839 COMMERCIAL AUTO CA 04 4410 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: DOWL, LLC Endorsement Effective Date: 05/01/2021 SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. • CA 04 44 10 13 ©Insurance Services Office, Inc., 2011 Page 1 of 1 11 of 33 (CMC00) CNA Business Auto Policy Policy Endorsement CANCELLATION BY US THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS' COVERAGE FORM Paragraph 2. of Cancellation (Common Policy Conditions) is replaced by the following: 2. We may cancel this Coverage Part by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for non-payment of premium, or b. 60 days before the effective date of cancellation if we cancel for any.other reason. All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. • Form No:G-17832-8 512-2010) Policy No:BUA 6080881839 Endorsement Effective Dale: Endorsement Expiration Cate: Policy Ellective Date:O5/01/2021 Endorsement No:28:Page: 1 of 1 Policy Page; 136 of 393 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St,Chicago,IL 60606 '�Copyright CNA Alt Rights Reserved. WA CNA Paramount Excess and Umbrella Liability Policy D. Coverage D - I(ey Employee Exclusions With respect to Coverage D _ Key Employee, this insurance does not apply to any actual or alleged: 1. Death or Disability death or permanent disability of.a key employee relating to, Or arising out of: a. nuclear reaction or radiation or radioactive contamination, however caused; b. sickness or disease, including mental illness or mental injury; c. pregnancy, childbirth, miscarriage or abortion; cl. suicide, attempted suicide or self inflicted bodily injury, while sane or insane; e. the key employee's intoxication, impairment or otherwise being under the influence of albohol or controlled substances;_ f. war, including undeclared or civil war; g. warlike action by a military force, including action in hindering or defending against an actual.or expected attack, by any government, sovereign or other authority using Military personnel or other agents; or h. insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. 2. Other Expenses a. expenses the Named Insured incurs which the Named Insured would not have incurred if the Named Insured had used all reasonable means to: i. find a permanent replacement for the key employee; and ii. reduce or discontinue the key employee replacement expense; as soon as possible after the Named Insiired's permanent loss of the services of the key employee Caused by a covered accident. b._ additional expenses incurred due to the Named Insured's loss of the'services of:a permanent replacement appointed or hired to replace a key employee, however caused. However, this exclusion does not apply if the replacement employee:is included in thedefinition as a key employee and the Named Insureds loss of the services of the replacement employee is caused by.a covered accident. IV. WHO IS.AN INSURED The following persons or organizations are Insureds. A. With respect to Coverage A- Excess Follow Form Liability; the Named Insured and any personsor organizations included as an insured under the provisions of underlying insurance are Insureds, and then only-for the same coverage, except for limits of insurance,-afforded under such underlying insurance. B. With respect to the Coverage Umbrella Liability: 1. If the Named Insured is designated in the Declarations of.this Policy as; a: an individual,the Named Insured and the Named Insured's spouse are Insureds, but only with respect to the conduct of a business of which the Named Insured is the sole owner. b. .a partnership or joint venture'„the Named Insured ie an Insured. The Named.Irisured's,mernbers, the Named.Insured's partners, and their-spouses are also Insureds,'but only with respect to the -conduct of the Named Insured's business: Form No:CNA75504XX 103-2015) Policy No: Policy Page: 14 of 32 Policy Effective Date: • Underwriting Company: Continental Ins. Co,333 S WabashAve,:Chicago, IL 60604 Policy Page: 25 of 51 _ 4 Copyright CNA All Rights Reserved, CNA CNA Paramount Excess and Umbrella Liability Policy or organization which may be liable to the Insured because of injury or damage to which this insurance may also apply; and vi. will not voluntarily make a payment, except at its own cost, assume any obligation, or incur any expense, other than for first aid, without the Insurer's prior consent. 3. Cooperation With respect to both Coverage A - Excess Follow Form Liability and Coverage B — Umbrella Liability, the Named Insured will cooperate with the Insurer in addressing all claims required to be reported to the Insurer in accordance with this paragraph O. Notice of Claims/Crisis Management Event/Covered Accident, and refuse, except solely at its own cost, to voluntarily, without the Insurer's approval, make any payment,:admit liability, assume any obligation or indur any expense related thereto. P. Notices Any notices required to be given by an Insured shall be submitted in writing to the Insurer at the address set forth in the Declarations of this Policy. Q. Other Insurance If the Insured is entitled to be indemnified or otherwise insured in whole or in part fpr any damages or defense costs by any valid and collectible other insurance for which the Insured otherwise would have been indemnified or otherwise insured in whole or in part by this Policy, the limits of insurance specified in the Declarations of this Policy shall apply in excess of, and shall not contribute to a claim, incident or such event covered by such other insurance. With respect to Coverage A — Excess Follow Form Liability only, if: a. the Named Insured has agreed in writing in a contract or agreement with a person or entity that 'this insurance would be primary and would not seek contribution from any other insurance available; b. Underlying Insurance includes that person or entity as an additional insured; and c. Underlying Insurance provides coverage on a primary and noncontributory basis as respects that person or entity; then this insurance is primary to and will not seek contribution from any insurance policy where that person or entity is a named insured. R. Premium All premium charges under this Policy will be computed according to the insurer's rules and rating plans_ that apply at the inception of the current policy period. Premium charges may be paid to the Insurer or its authorized representative. S. In Rem Actions A quasi in rem action against any vessel Owned or operated by or for a Named Insured, or chartered by or for a Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. T. Separation of Insureds Except with respect to the limits of insurance,and any rights or duties specifically assigned in this Policy to the First Named Insured, this insurance applies: 1. as if each Named Insured were the,only Named Insured; and 2. separately to each Insured against whom a claim is made. U. Transfetvof.Interest Form No:CNA75504XX l03-2015) Policy No: Policy Page: 21 of 32 Policy Effective Date: Underwriting Company: Continental Ins. Co,333 S Wabash Ave,Chicago,IL 60604 Policy Page:32:of 51 c Copyright CNA All Rights Reserved: CNA CNA Paramount Excess and Umbrella Liability Policy Assignment of interest under this policy shall not bind the Insurer unless its consent is endorsed hereon. V. Unintentional Omission Based on Insurer's reliance on the Named Insured's representations as to existing hazards, if the Named Insured should unintentionally fail to disclose all such hazards at the effective date of this Policy, the Insurer will not deny coverage under this Policy because of such failure. W. Waiver of Rights of Recovery The Insurer waives any right of recovery it may have against any person or organization because of payments the Insurer makes under this Policy if the Named Insured hasagreed in writing to waive such rights of recovery in a contract or agreement, and only ifihe contract or agreement: 1. is in effect or becomes effective during the policy period; and 2. was executed prior to loss. VII.DEFINITIONS For purposes of this Policy, words in bold face type, whether expressed in the singular or the plural, have the meaning set forth below. Advertisement means a notice that is broadcast or published to the general public or specific market segments about the Named Insured's goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition:_ A. notices that are published include material placed on the Internet or on similar electronic means of communication; and B. regarding web-sites, only that part Of a web-site that is about the Named Insured's goods, products or services for the purposes Of attracting customers or supporters is considered an advertisement. Aircraft means any machine or device that is capable of atmospheric flight. Arbitration proceeding means a formal alternative dispute resolution proceeding or administrative hearing to which an Insured is required to submit by statute or court rule or to which an Insured has submitted with the Insurer's consent. Asbestos means the mineral in any form whether or not the asbestos was at any time airborne as a fiber, particle or dust, contained in or formed a part of a product, structure or other real or personal property, carried on clothing, inhaled or ingested, or transmitted by any other means. Authorized Insured means any executive officer, member of the Named Insured's risk management or in-house general counsel's office, or any employee authorized by the Named Insured to give or receive notice of a claim. Auto means: A. a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment or B. any other land vehicle that is subject to a compulsory or financial responsibility law br other motor vehicle insurance law where it is licensed or principally garaged. However, auto does not include mobile.equipment. Bodily injury means bodily injury, sickness or disease sustained by a,person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the bodily injury, sickness or disease. Claim means a: A. suit; or Form No:CNA75504XX 103.2015) Policy NO: Policy Page:22 of 32 Policy Effective Date: Underwriting Company: Continental Ins.Co,333 S Wabash Ave,Chicago,IL 60604 Policy Page:33 of 51 t Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy Endorsement s' CANCELLATION AND NON-RENEWAL ENDORSEMENT WASHINGTON Wherever used in this endorsement: 1) Insurer means "we", "us", "our" or the "Company" as those terms may be defined in the policy; and 2) Named Insured means the first person or entity named on the declarations page; and 3) "Insureds" means all persons or entities afforded coverage under the policy. Any cancellation, non-renewal or termination provisions in the policy are deleted in their entirety and replaced with the following: CANCELLATION AND NON-RENEWAL I. CANCELLATION A. The Named Insured may cancel the policy at any time. To do so, the Named Insured must: 1. return the policy to the Insurer or any of its authorized representatives indicating the effective date of cancellation; or 2. provide a written notice by mail'fax or e-mail to the Insurer or any of its authorized representative stating when the cancellation is to be effective; 3. provide verbal notice to the Insurer or any of its authorized representative indicating when the cancellation is tp be effective. The Insurer will promptly cancel the policy upon notice of cancellation from the Named Insured the date the Notice is received or the date the Named Insured requests cancellation. B. The Insurer may cancel the policy by mailing or delivering to the Named Insured and to its producer written notice of cancellation, including the actual reason for the cancellation, at the last mailing address known to the Insurer, at least: 1. ten (10) days before the effective date of cancellation if the insurer cancels for non-payment of premium; or 2. sixty (60) days before the effective date of cancellation if the Insurer cancels for any other reason. C. Like notice of cancellation will also be mailed to any mortgage holder, pledge or other person shown in the policy with an interest in any loss which may occur thereunder, at their last mailing address known to the Insurer. D. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. If notice.is mailed, proof of mailing will be sufficient proof of notice. Il. PREMIUM REFUND If this policy is canceled, the Insurer will send the Named Insured any premium refund due. If the Insurer cancels, the refund will be pro rata. If the Named Insured cancels, the refund will be on a short rate basis. The cancellation will be effective even if the Insurer has not made or not offered a refund. III. NON-RENEWAL A. The Insurer can non-renew the policy by giving written notice to the Named Insured•and to its.producer, at the last mailing address known, at least sixty (60) days before the expiration date: If notice is mailed, proof of mailing will be sufficient proof of notice. Form No:CNA62814WA 109-2012) Policy No:CUE 6080818255 i Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date:•05/01/2021 I Endorsement No: 1;Page: 1 of 2 Policy Page: 44 of 51 Underwriting Company:The:Continental Insurance Company, 151 N Franklin St,Chicago, IL 60606 Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy Endorsement B. The notice.of non-renewal will state the actual reason for non-renewal. The Insurer will also mail written notice of non-renewal to any mortgage holder or other person shown in the policy with an interest in any loss which may occur thereunder, at their last mailing address known to the Insurer_ C. The Insurer must provideto the Named Insured its renewal terms including the premium due at least twenty 120) days prior to the expiration date of the current policy. If the Named Insured subsequently fails to pay the premium when due or procures coverage acceptable to it, then the coverage is nonrenewed. IV. OTHER PROVISIONS The Insurer will mail notice of any change in rates or coverage to the Named Insured at least sixty (60) days prior to the expiration date of the policy. .All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of•and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No:CNA62814WA(09-20121 Policy No:CUE 6080818255 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 05/01/2021 Endorsement No: 1: Page:2 of 2 Policy Page:45 of 51 Underwriting Company: The Continental Insurance Company, 151 N Franklin St.Chicago,IL 60606 1 •-Copyright CNA All Rights Reserved, CNA CNA Paramount Excess and Umbrella Liability Policy Declarations Schedule of Underlying Insurance Underlying Insurer Policy Number Policy Period Note: Underlying Insurance Coverages Limit's of Insurance • National Fire Insurance General Liability Each Occurrence Limit $1,000,000 Company of Hartford 6080818241 General Aggregate Limit - $2,000,000 05/01/2021 to Per Location : yes 05/01/2022 Per Project : yes Products/Completed Operations • Aggregate Limit $2,000,000 Personal and Advertising Injury Liability Limit ' $1;000,000 National Fire Insurance Auto Liability Combined Single Limit I $1,000,000 Company of Hartford 6080881.839 05/01/2021 to 05/01/2022 American Casualty Employers Liability .Bodily Injury by Accident- Each Company of Reading, Accident Limit $1,000,000 Pennsylvania Bodily Injury by Disease - Policy 6080818238 Limit $1,000,000 05/01/2021 to Bodily Injury by Disease- Each 05/01/2022 Employee Limit $1,000,000 Farm No:CNA75501XX{03-20151 Policy No:CUE 6080818265 Policy Declarations Page:2 of 3 Policy Effective Date:05/01/2021 , Underwriting Company: The Continental Insurance Company, 151 N Franklin St,Chicago,S.60606 Policy Page: 8 of 51 c Copyright CNA AU Rights Reserved. CNA CNA!ParAmount Expos*and Umbrella liability Policy Declarations • • Under Policy.NiirtI40i Policy Period . Note: iindeilyinOnsuyante 043*ttpt0§ :Iiinitt Insurance National Fire Insurance Employee BeriOtitk, EaCh-EmOloyee'Limit -$1,,006,006. ,CorripOiiY,O-t:ftartfOrd LiSbilitY, Aggregate Limit 2:060;060 ,69p98.1:.4241 05/01/2021 to 05/01/2022 National Fire Insurance Stop Gap.Xiability ; :coinbany,of!Hartford: godily=Injury by.Accident- Each. 69E9,8.1.04.1 $1•;000;00.6 05/01/2021 to, ;Bodily Injury, Dis.eade - Policy' LiMit I $.1.,-0.00;00Q 05/01/2022 BedjiYinjOrY by.Disease -'Each, I $ ,09,Q;ggo . _ Forms and Endorsements Attaciked:•to7ihis*PCilicy: -•• • . • •• 'SO:SalEppLE..oF FORMS AND'Enipon$pyigNTs . _ FOrri No;CNA7§501X?(.I03:21:11 ! Policy:No::CUE.608081 8255. Policy 0010roitiris'.13*: 3 ci1 Date:05/01/2021 1'Underwriting'Cpmpppy: The`Copiineptal.lrlsurqncetoripparky. 151 N•Frpntilip S;.CliiCago, ii.e0606- Policy Page: 9:9.1 51 ;, • Copyright CNA All higliIs Reserved. CNA Workers Compensation And Employers Liability Insurance Policy Endorsement COLORADO CANCELLATION ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Colorado is shown in Item 3.A. of the Information Page. Part Six (Conditions) Condition D. Cancellation is replaced by the following: D. Cancellation 1. You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancellation is to take,effect. 2. We may cancel this.policy. We must mail by certified.mail or deliver to you advance written notice stating when the cancellation is to take effect. If we cancel for any of the following reasons, we will mail or deliver not less than 10 days advance written notice: (1) Fraud; (2) Material Misrepresentation; (3) Non-payment of premium; or (4) Other reasons approved by the Commissioner. If we cancel for any other reason, we will mail or deliver not less than 30 days advance written notice_ 3. The policy will end on the day and hour stated in the.cancellation notice. 4. Any of these provisions that conflict with a law that controls the cancellation of the insurance in this policy is changed by this statement to comply with the law. All other terms and conditions.of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No:0-18640-A 107-1992) Policy No:.WC 6 8D818238 Endorsement Effective Date; Endorsement Expiration Date: Policy Effective Date:05/01/2021 Endorsement No: 1;Page: 1 of 1 Policy'Page: 73 of 117 Underwriting Company; American Casualty Company of Reading, Pennsylvania, 151 N Franklin St. Chicago, IL 60606 °Copyright CNA All Rights Reserved. .. l CNA Workers Compensation And Employers Liability insurance Policy Endorsement 1 , ARIZONA CANCELLATION AND NONRENEWAL ENDORSEMENT This endorsement applies because Arizona isshown in Item 3.A. of the Information Page. Part Six-Conditions, Section D. (Cancellation), of the policy is replaced by the following: D. Cancellation and Nonrenewal 1. You may cancel this policy. You must mail or deliver advance written notice to us•stating when the cancellation is to take effect. 2. If you cancel or fail to renew this policy, we must promptly notify the Industrial Commission of Arizona. 3. We may cancel this policy if you fail to pay premium when due, or when one or both of the parties to a professional employer agreement terminate the agreement. 4, If we cancel or nonrenew this policy, we must mail or deliver to you and the Industrial Commission of Arizona at least 30 days' notice of the cancellation or nonrenewal. Mailing that notice to you at your mailing address shown in Item 1. of the Information Page will be sufficient to prove notice. If we nonrenew this policy and fail to give you notice of nonrenewal, coverage will not extend beyond the policy period. 5. The policy period will end on the day and hour stated in the cancellation or nonrenewal notice. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the.Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No:WC 02 06 01 A(09-2015) Policy No:WC 6 60618236 Endorsement ENective Date: Endorsement Expiration Dale: Policy Effective Date: os/01/2021 Endorsement No: 15:Page: 1 of 1 Policy Page: 88 of 11/ I Underwriting Company:American Casualty Company of Reading. Pennsylvania. 151 N Franklin St. i. Chicago. IL 60606 4 Copyright 2015 National Council on Compensation Insurance,inc.All Rights Reserved. CNA Workers Compensation And Employers Liability insurance Policy Endorsement MONTANA AMENDATORY ENDORSEMENT This endorsement applies because Montana is shown in Item 3.A. of the Information Page. General Section, Section C. (Workers Compensation Law) of the policy is changed'by•adding the following: The provisions of this policy conform to the minimum requirements of Montana law and control over any conflicting statutes of any state in which the insured resides on or after the effective date of this policy. Part Six-Conditions, Section D. (Cancellation) of the policy is replaced by the following: D. Cancelation 1.. You may cancel this policy. You will mail or deliver advance written notice to us stating when the cancellation is to take effect. 2. We may cancel this policy. We will provide you and the Montana Department of Labor and Industry not less than 20 days advance written notice stating when the cancellation is to take effect. We will provide the notice to you via mail or via electronic delivery in accordance with the Electronic Delivery of Insurance Notices or Documents Act(MCA 33-15-601 et seq.). Mailing notice to you at your last known address or delivery via electronic means in compliance with the Electronic Delivery of'Insurance Notices or Documents Act will be sufficient to prove notice. 3. If this policy has been in effect for 60 days or more, we•may cancel only for one of the following reasons: a. A nonpayment of premium; b. A material misrepresentation; c. A substantial change in the risk we assumed under the policy unless it was reasonable for us to foresee the change or contemplate the risk when we issued the policy; d. A substantial breach of the duties, conditions or warranties under the policy; e. The Commissioner has determined that continuation of the policy would place us in violation of the laws of Montana; f- We are financially impaired; or g. Any other reason that is approved by the Commissioner. 4. Our notice of cancelation will state our reasons for canceling. Part Six-Conditions of the policy is changed by adding the following: F. Nonrenewal 1. We may elect not to renew. We will provide you and your agent not less than 45 days advance written notice•stating our intention not to renew this policy. We will provide the notice to you via mail or via electronic delivery in accordance with the Electronic Delivery of Insurance Notices•or Documents Act. Mailing notice to you at your last known address or delivery via electronic means in compliance with the Electronic Delivery of Insurance Notices or Documents Act will be sufficient to prove notice. 2. We do not have to renew the policy if you are insured elsewhere, accept replacement insurance, or request or agree to nonrenewal, or if the policy is expressly designated as being nonrenewable. 3. Our notice of nonrenewal will state our reasons for not renewing. Form No:WC 25 06 01 B 104-2016) Policy No:WC 6 80818238 Endorsement Effective.Date: Endorsement Expiration Date: Policy Effective Date:05/01/2021 i Endorsement No: 19; Page: 1 of 2 Policy Page: 92 of 117 Underwriting Company:American Casualty Company of Reading, Pennsylvania, 151 N Franklin 5t, Chicago, IL 60606 *Copyright 2015 National Council on Compensation,Insurance.Inc.Alt Rights Reserved. CNA Workers Compensation And Employers Liability Insurance Policy Endorsement AN other terms and conditions of the policy•,remain unchanged. This endorsement, which forms a part-of arid is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is•shown below, and expires concurrently with said policy unless another expiration date is shown below. • Form No:WC 25 06 01 13104-20161 Policy No:WC 6 80818238 Endorsement Effective Date: Endorsement Expiration Date: Policy•Ellective Date:05/01/2021 Endorsement No: 19;.Page:'2 of 2 Policy Page:93 of 11.7 Underwriting Company:American Casualty Company of Reading,Pennsylvania. 151 N Franklin St, Chicago, IL 60606 a Copyright 2015 National Council on Compensation Insurance,Inc. All Rights Reserved. CNA Workers Compensation And Employers Liability Insurance Policy Endorsement NEVADA CANCELLATION AND NONRENEWAL ENDORSEMENT This endorsement applies to the insurance provided by this policy, because Nevada is shown in Item 3.A. of the Information Page. Part Six—Conditions, D. Cancellation of the policy is replaced by the following: A. Midterm Cancellation 1. You may cancel this policy by mailing or delivering advance written notice to us stating when the cancellation is to take effect. 2_ We will provide you not less than 10 days notice if this policy is cancelled because you failed to pay a premium or remit an amount due because of an endorsement for a deductible when due. 3: We will provide you not less than 30 days•notice for any'other cancellation reason permitted under Nevada law, including failure to pay additional premium charged due to an audit of any payroll under the terms of the current or previous policy. 4. No policy of industrial insurance that has been in effect for at least 70 days•or that has been renewed may be cancelled, except on any one of the following grounds: a. A failure by the policyholder to pay a premium for the policy of industrial insurance when due, including the failureof the policyholder to remit an amount due because of an endorsement for a deductible; b. A failure by the policyholder to: (1) Report any payroll; (2} Allow the insurer to audit any payroll in accordance with the terms of the:policy or any previous policy issued by the insurer; or (3) Pay any additional premium charged because of an audit of any payroll as required by the terms of the policy or any previous policy'issued by the insurer; c. A material failure by the policyholder to comply with any federal or state order concerning:safety.or any written recommendation of the insurer's designated representative for loss prevention; d. A material change in ownership of the policyholder or any change in the policyholder's business or operations that: (1) Materially increases the.hazard for frequency or severity of loss; (2) Requires additional or different classifications for the calculation of premiums; or (3) Contemplates an activity that is excluded by any reinsurance treaty of the insurer; e. A material misrepresentation made by the policyholder;'or f. A failure by the policyholder to cooperate with the insurer in conducting an investigation of a claim. 5. We cannot cancel the policy when the referenced reasons are corrected by you within the time Specified in the written notice of cancellation. B. Nonrenewal 'I. We may elect not to renew the policy. We will provide to you a written notice of our intention not to renew at least 60 days before the expiration date. I Form No:WC 27 06 01 C 110.2008) Policy No:WC 6 80818238 I Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date:05/01/2021 I Endorsement No:21;Page: 1 of'2 Policy Page: 95 of 117 Underwriting Company: American Casually Company of Reading. Pennsylvania: 151 N Franklin St. I Chicago. 11.'60606 'Copyright 2008 National Council on Compensation Insurance,Inc.All Rights Reserved. CNA Workers Compensation And Employers Liability Insurance Policy Endorsement 2. We need not provide notice of our intention not to renew if you have accepted replacement coverage, if you have requested or agreed to nonrenewal, or if the policy is expressly designated as nonrenewable. C. Information About Claims Paid 1. If you request information for the renewal of the policy, we will provide you with information regarding claims paid on your behalf. 2. We:will provide the information within 30 working days after we receive your written request. We may charge a reasonable fee for providing the information. D. Notices 1. We will provide advance written notice of cancellation or nonrenewal as provided in A and B above.This notice must be served personally on or sent by first-class mail or electronic transmission to the employer. 2. Notices will state the effective date of the cancellation or nonrenewal and will be accompanied by a written explanation of the specific reasons for the cancellation or nonrenewal. 3. A written notice of cancellation is not required if we mutually,agree with you.to cancel the policy and reissue.a new policy based upon a material change in the ownership or operation of your business. E. Compliance.With Law 1. Any of these provisions that conflict with a law'that controls-the cancellation or renewal or nonrenewal of the insurance in this policy is changed by this statement to comply with the law. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy., unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date.is shown below. Form.No:WC 27 06 01 C 110-2008) Policy No:WC 6.80818238 Endorsement Effective Date: Endorsement Expiration Date: Policy Elfective'Date:05/01/2021 Endorsement No: 21;.Page:2.of 2 Policy Page: 96 of 117 Underwriting Company:.American Casualty Company of Reading. Pennsylvania, 151 N Franklin St. Chicago. IL 60605 Copyright 2008 National Council on Compensation Insurance,Inc.All Rights Reserved. CNA Workers Compensation And Employers Liability Insurance Policy Endorsement OKLAHOMA CANCELLATION, NONRENEWAL AND CHANGE ENDORSEMENT _ u This endorsement applies to the insurance provided by the policy because Oklahoma is shown in Item 3.A. of the Information Page. The Cancellation Condition in Part Six (Conditions)of the policy is•replaced by the following condition: D. Cancellation 1. You may cancel this policy. You must mail or deliver to us not less than 30 days advance written notice stating when'the cancellation is.to take effect. Cancellation of coverage will be effective at 12:01 a.m. thirty (30) days after the date the cancellation notice is received by us, unless a later date is specified in the notice to us. You may cancel this policy effective less than 30 days-after written notice is received, by us where.you have obtained other coverage or have.become a self-insurer. 2. We may cancel this policy. We will mail to you advance written notice stating when the cancellation is to take effect. a. At any time during the policy period, we may cancel for nonpayment of premium. If we cancel for nonpayment of premium, we will mail notice of cancellation to you and to the Workers Compensation Commission at least 10 days before the cancellation is to take effect. b. If we cancel this policy for a reason other than nonpayment of premium, we will mail notice of cancellation to you and to the Workers Compensation Commission at least 30.days before the cancellation is to take effect. c. If this policy has been in effect for more than 45 business days or is a renewal policy, we may cancel for only one or more of the following reasons: (1) Nonpayment of premium; (2) Discovery of fraud or material misrepresentation in the procurement of the insurance or with respect to any•claims submitted under it; (3) Discovery of willful or reckless acts or omissions on the part of the named insured which increase any hazard insured against; (4) The occurrence of a change in the risk which substantially increases any hazard insured against afterinsuran'ce coverage has been issued or renewed; (5) A violation'of any local fire, health, safety, building, or construction regulation or ordinance with respect to any insured property or the occupancy thereof which substantially increases any hazardinsured against; (6) A determination by the Insurance Commissioner that the continuation of-the policy would place theinsurer in violation of the insurance laws of this state; (7) Conviction of the named insured of a crime having as one of its necessary elements an act ncreasing any hazard insured against; or (8) Loss of or substantial changes in applicable reinsurance. 3. Mailing notice of cancellation to you at your mailing address shown in Item 1 of the Information Page will be sufficient to prove notice. 4. The policy periodwill end on the day and hour stated in the cancellation notice. Form No: WC 35.06 01 F(02.2014) Policy No:WC 6 80818236 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date:05/01/2021 Endorsement No 23: Page: 1 of-3 Policy Page: 98 of•117 Underwriting Company:American.CasualtyComparry of Reading.Pennsylvania, 151 N Franklin St, Chicago, IL 60606 °Copyright 2013 National Council on Compensation Insurance, Inc. All Rigl►ts•Reserved. CNA Workers Compensation And Employers Liability Insurance Policy Endorsement 5. Any of these provisions that conflict with a law that controls the cancellation of the insurance in this policy is changed by this statement to comply with the law. Part 6(Conditions) of the policy is amended by adding the following provisions: F. Nonrenewal 1. If we elect not to renew this policy, we will mail or deliver written notice of nonrenewal to you at least 45 days before: a. The expiration date of this policy; or b. An•anniversary date of this policy, if.it is written for a teem longer than one year or with no fixed expiration date, 2. Any notice of nonrenewal will be mailed or delivered to you at the mailing address shown in Item 1 of the Information Page. If notice is mailed: a. It will be'considered to have been given to you on the day it mailed. b. Proof of mailing will be sufficient proof of notice. 3. If notice of nonrenewal is not mailed or delivered at least 45 days before the expiration date or an anniversary date of this-policy, coverage will remain in effect until 45 days after notice is.given. Earned premium for such extended period of coverage will be calculated pro rata based-on the rates applicable to the expiring policy. 4. We will not provide notice of nonrenewal if: a. We, or another company within the same insurance group, have offered to issue a renewal policy; or b. You have obtained replacement coverage or have-agreed in writing to obtain replacement coverage. 5. If we have provided the required notice of nonrenewal as-described above, and thereafter extend the policy for a period of 90 days or less, we will not provide an additional nonrenewal notice with respect to the period of extension. G. Notice of Premium or Coverage Changes Upon Renewal 1. If we elect to renew this policy, we will give written notice ofany premium increase, change in deductible, or reduction in limits or coverage, to you, at the mailing address shown in Item 1 of the Information Page. 2. Any such:notice will be mailed or delivered to you at least 45 days before: a. The expiration date of this policy; or b: An-anniversary date of this policy, if it is written for a term Ibnger than one year or with no fixed expiration date. 3. If notice is mailed: a. It will be considered to have been given to you on the day it is mailed. b. Proof of mailing will be sufficient proof of notice. 4. If you accept the renewal, the premium increase or deductible,limits or coverage changes-will be effective the day following the prior policy's expiration or anniversary date. 5. If notice is not mailed or delivered at least 45 days before the.expiration date or anniversary date of this policy, the premium, deductible, limits and coverage in effect prior to the changes will remain in effect until the earlier of Form No:WC 35 O6 01 F(02.2014) Policy No:WC 6 8O81823B Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 05/03/2021 Endorsement No:23: Page: 2 of 3 Policy Page: 99 Of 117 Underwriting Company:American Casualty Company of Reading,Pennsylvania, 151 N Franklin St, Chicago, IL 60606 Copyright 2013 National Council on Compensation Insurance;Inc: All Rights Reserved. CNA Workers Compensation And Employers Liability Insurance Policy Endorsement a. 45 days after notice is given; or b. The effective date of replacement coverage Obtained by you. 6. If you then elect not to renew, any earned premium for the resulting extended period of coverage will be calculated pro rata at the lower of the new rates or rates applicable to the expiring policy. 7. We will not provide notice of the following: a. Changes in a rate or plan filed with or approved by the Insurance.Commissioner or filed pursuant to the Property and Casualty Competitive Loss Cost Rating Act and applicable to an entire class of business; or b. Changes based upon the altered nature of extent of the risk insured; or c. Changes in policy forms filed with or approved by the Insurance Commissioner and applicable to.an entire class of business. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently With said policy unless another expiration date is shown below. Form No:WC 35 06 01 F 102.2014) Policy No:WC 6 80818238 Endorsement Effective Date: Endorsement Expiration Date: Palicy.Eifective Date:05/01/2021 Endorsement No: 23;•Page:3 of 3 Policy Page: 100 o1 1'17 Underwriting Company: American Casualty.Company of Reading, Pennsylvania. 151'N Franklin St, Chicago,IL 60606 Copyright 2013 National Couiicil on Coni)pehsation Insurance,.Inc. All Rights Reserved. CNA Workers Compensation And Employers Liability Insurance Policy Endorsement OREGON CANCELLATION ENDORSEMENT This endorsement applies only to the insurance provided,bythe policy because Oregon is shown in Item 3.A. of the Information Page. The Cancellation Condition of the policy is replaced by this Condition: D. Cancellation 1. You may cancel this policy. You must mail or deliver advance written notice to us, stating when the cancellation is to take effect. If you provide for other insurance orself-insurance, your cancellation of coverage will take effect upon the effective date of that insurance. 2. We may cancel this policy. We will mai! to you advance written notice stating when the cancellation is to take effect. a. If we cancel based on our decision not to offer insurance to all employers within your premium category, we will mail the notice of cancellation at least 90 days before the cancellation is to take effect. b. If we cancel for other reasons, we will mail the notice of cancellation at least 45 days before the cancellation is to take effect. c. If we cancel for nonpayment, we will mail notice of cancellation at least 10 days.before the cancellation is to take effect. 3. Mailing notice to you at your last known mailing address will be sufficient to prove notice. 4. The policy period will end at 12:00 midnight on the day stated in the cancellation notice. 5. When coverage is placed with another carrier as of the policy expiration date, a rejected renewal policy shall be withdrawn without charge, provided notice of nonrenewal is mailed and postmarked on or before the expiration date and is received from the insured by the insurer no later than 10 calendar days after said expiration date. Another terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers_, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form Na:WC 36 06 01 EMI-20081 Policy No:WC 6 80818238 1 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date:05/01/2021 Endorsement No:27; Page: 1 of 1 Policy Page: 104 of 117 1 Underwriting Company:American Casualty Company of Reading,Pennsylvania. 151 N Franklin St. Chicago, IL60606 0 Copyright 2007 National Council on Compensation Insurance,,Inc.All Rights Reserved. CNA Workers Compensation And Employers Liability Insurance Policy Endorsement WISCONSIN CANCELLATION AND NONRENEWAL ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Wisconsin is shown in Item 3:A. of the Information Page. The Cancellation Section (CO of the Part Six — Conditions is deleted and replaced by the following: A. Cancellation 1. You maycancel this policy. You must mail or deliver advance written notice to us stating when the cancellation is to take.effect. If you purchase replacement insurance, the cancellation becomes effective on the date the new coverage becomes effective. If no replacement coverage is purchased, the. cancellation will be effective thirty(30) days after receipt of written notice by the Wisconsin Compensation Rating Bureau. 2. We may cancel this policy for any reason if the Policy has been in effect for less than sixty(00)-days. If the policy is issued for a"term longer than one year or for an indefinite term, we may cancel the policy for any reason on an annual anniversary of the policy effective date. We may cancel the policy at any other time for the following reasons:' a, You fail to pay all premiums when due, however, we must deliver or mail, first class, not less than thirty (30) days advance written notice stating when the cancellation.is to take effect; b. A material misrepresentation; c. A substantial breach of the obligations, conditions or warranties under the policy; or d. A substantial change in the risk we assumed under the policy unless it was reasonable for us to foresee the change or expect the risk when we issued the policy. 3. If we cancel for any permissible reason other than non-payment of premium, we must deliver or mail, first class, not less than 'thirty (30) days notice stating when the cancellation is to take effect. Mailing that notice to you at your mailing address shown in Item 1 of the Information Page will be sufficient to prove notice. 4. The policy period will end on the day and hour stated in a notice of cancellation. B. Nonrenewal 1. You have the right to have the insurance renewed unless'we deliver or mail to you not less than `sixty (60) days advance written notice stating our intention not to renew this policy. 2. We do not have to renew the insurance if you do not pay the renewal premium billing by the due date or if you accept replacement insurance, are insured elsewhere, requested or agree to nonrenewal, or if the.policy is expressly designated as.being nonrenewable. 3. If we renew the insurance,we may use the policy forms, rates and rating plans we are then using for similar risks. We may limit the,policy to a term equivalent to the term of the expiring policy or one year, whichever is less. 4. If we-offer to renew the policy on less favorable terms, we will mail or deliver written notice of the new terms by first class mail to you, the policyholder, at least sixty (60) days prior to the renewal date. The definition of "terms" does not include manual rates, experience modification factors, or classification of risks. Form No;WC 48 06.06 B101-20021 Policy No:WC 680818238 Endorsement.Elfective Date: Endorsement Expiration Date: Policy Effeelive Date:05/01/2021 Endorsement No:32;Page: 1 of 2 Policy Page: 109 of 117 Underwriting Company:American Casualty Company of Reading,Pennsylvania, 151 N Franklin St, Chicago, IL 60606 Copyright 2002:National Council on Compensation Insurance,Inc.All Rights Reserved. CNA Workers.Compensation And Employers Liability Insurance Policy Endorsement If we provide such notice within sixty (60) days prior to the renewal date,the new terms will not take effect until sixty (60) days after the notice is mailed or delivered, in which case, you, the policyholder, may elect to cancel the renewal policy at any time during the sixty (601day period. The notice will include a statement of your right to cancel. If you elect to cancel the renewal policy during the sixty (60) day period, the return premium or additional premium charges shall be calculated proportionally on the basis of the old premiums. We need not mail or deliver this notice if the only change adverse to you is a premium increase that; (a) is less than 25%;•or,.(b) results from a change based on your action that alters the nature and extent of the risk insured against, including, but not limited to, a change in the classifications for the business. ' Any written agreement attached to and made a part of the•policy, between the insurance carrier and policyholder which extends the cancellation or nonrenewal notification timeframe, will supercede the aforementioned notification requirements found in items A.3., and B.1., respectively. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and•is for attachment to the policy issued by the designated Insurers, takes•effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No:WC 48 06 06 B(01-20021 Policy No:WC 6 80818238 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date:05/01/2021 Endorsement:No:32:Page:2 of 2 Policy Page: 110 of 117 Underwriting Company: American Casualty Company of Reading, Pennsylvania, 151 N Franklin St, Chicago, IL 60606 Copyright 2002 Nationat'Council on Compensation Insurance,Inc. All Rights Reserved. CNA Workers Compensation And Employers Liability Insurance Policy Endorsement ALASKA CANCELATION AND NONRENEWAL ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Alaska is shown in Item 3.A. of the Information Page. The Cancelation Condition, as well as Part Five, Paragraph t.2., of the policy is replaced by this Condition: D. Cancelation/Nonrenewal 1. You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancelation is to take effect. If you cancel, the final premium will be calculated pro rata based on the time the policy was in force, and increased by a cancelation fee equal to 7.5 percent of the unearned premium, provided that the final premium will not be less.than the applicable minimum premium. 2. We may cancel this policy. We must mail or deliver to-you and the agent or broker of record advance written notice stating the reason for cancelation and when the cancelation is to take.effect: Such notice will be mailed or delivered not less than: a. 10 days before the effective date of cancelation if we cancel for conviction of the insured of a crime having as one of its necessary elements an act increasing a hazard insured against, or for discovery of fraud or material misrepresentation made by the insured or a representative of the insured in obtaining the insurance or by the insured in pursuing a claim under the policy; or b. 20 days before the effective date of cancelation if we cancel for nonpayment of premium, or for failure or refusal of the insured to provide the information necessary to confirm exposure or determine the policy premium;or c. 60 days before the effective date of cancelation if•we cancel for any other reason.. 3. We will mail or deliver the notice to your last known address and the last known address of the agent or broker of record. 4. A post office certificate of mailing or certified mailing receipt will be sufficient to prove notice_ 5. The policy period will end on the day and hour stated in the cancelation notice. 6. If we-decide not to renew this policy, we will mail written notice of nonrenewal, by first class mail, to you and the agent or broker of record at least 45 days before: a. the expiration date; or b. the anniversary date if this policy has been written for more than one year or with no fixed expiration date. 7. We need not mail notice of nonrenewal if: a. we have manifested in good faith our willingness'to renew; or b. you have failed to pay any premium required for this policy; or c. you fail to pay the premium required for renewal of this policy. 8. Any notice of nonrenewal will be mailed to your last known address and the last known address of the agent or broker of record. A post office certificate of mailing or certified mailing receipt will be sufficient proof of notice.. Form No:WC 54 06 02(04-1995) Policy No:WC 6 80818238 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date:05/01/2021 Endorsentcnt No: 35:Page: 1 of 2 Policy Page: 113 of 117 Underwriting Company: American Casualty Company of Reading,Pennsylvania, 151 N Franklin St, Chicago, IL 60606 Copyright 1995 National Council on Compensation Insurance, Inc. L_ CNA Workers Compensation And Employers Liability Insurance Policy Endorsement All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on'the Policy Effective Date of said policy at the hourstated in said policy,unless another effective date (the Endorsement Effective:Date).is shown below, and expires.concurrently with said policy unless another expiration date is shown below. • Form No:WC 54 0602 (04-1995) Policy No:WC 6 80818238 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date:05/01/2021 } Endorsement No: 35;Page:2 of 2 Policy Page: 114 of 117 Underwriting Company: American Casualty Company of Reading,Pennsylvania, 151 N Franklin St, Chicago, IL 60606 Copyright 1995 National Council on Compensation Insurance,Inc. g Terra Insurance Company TERRA (A Risk Retention Group) Two Fifer Avenue, Suite 100 Corte Madera, CA 94925 INSURANCE COMPANY DATE CERTIFICATE OF INSURANCE 03/28/22 CERTIFICATE HOLDER City of Ashland(OR) 20 East Main St. Ashland, OR 97520 This certifies that the"claims made"insurance policy(described below by policy number)written on forms in use by the Company has been issued. This certificate is not a policy or a binder of insurance and is issued as a matter of information only,and confers no rights upon the certificate holder. This certificate does not alter, amend or extend the coverage afforded by this policy. The policy of insurance listed below has 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 policy described herein is subject to all the terms,exclusions and conditions of such policy. Aggregate limits shown may have been reduced by paid claims. TYPE OF INSURANCE Professional Liability POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE 222089 01/01/22 12/31/22 LIMITS OF LIABILITY $2,000,000 EACH CLAIM $2,000,000 ANNUAL AGGREGATE PROJECT DESCRIPTION DOWL Project Number:2752.80159.00 DOWL Project Name:North Mountain Avenue Overlay-I-5 to E.Main Renew until 6/30/2026 CANCELLATION: If the described policy is cancelled by the Company before its expiration date, the Company will mail written notice to the certificate holder thirty(30)days in advance,or ten (10)days in advance for non-payment of premium. If the described policy is cancelled by the insured before its expiration date,the Company will mail written notice to the certificate holder within thirty(30)days of the notice to the Company from the insured. ISSUING COMPANY: NAME AND ADDRESS OF INSURED TERRA INSURANCE COMPANY DOWL,LLC operating as (A Risk Retention Group) DOWL bm.%) 8410-154th Avenue,N.E. Redmond, WA 98052-3864 President