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Consultant Information
Firm Name: RH2 Engineering, Inc.
Contact: Jeff Ballard
Address: 3553 Arrowhead Dr #200
Medford, OR 97504
Phone: (541) 552-2265 Phone: (541) 210-8151
Email: kevin.caldwell@ashiand.or.us Email: jballard@rh2.com
Contract Summary
Procurement Method: Personal Services - Direct Appointment
Completion Date: 06/30/2025
Supporting Documents: Scope of Work (Exhibits A & B)
Dated: 11/27/24
Dated:
Dated:
Dated:
This Personal Services Agreement (hereinafter "Agreement") is entered into by and between t
City of Ashland, an Oregon municipal corporation (hereinafter "City") and the Consultant list
under Consultant Information above, ("hereinafter "Consultant"), for the services listed und
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Description of Services and Supporting Documents as noted in the Contract Summary above.
the event of conflict between provisions of the Supporting Documents, the Supporting Documen
shall be given precedence in the order listed above. 11
This Agreement, the Exhibits and the Supporting Documents shall be construed to be mutual
complementary and supplementary wherever possible. In the event of a conflict which cannot
I
so resolved, the provisions of this Agreement itself shall control over any conflicting provisions
any of the exhibits or supporting documents. The Consultant's initials [ RLB herein signi
acknowledgment and agreement to this provision, if applicable, or if not sign "N/A".
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 the Completion Date listed under the Contract
Summary in the table one page one of this agreement.
1.1. Time is of the essence. 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.
2. Compensation: City shall pay Consultant the sum listed as the "Contract Amount" under t
Contract Summary on page one of this document as full compensation for Consultant
performance of all Work under this Agreement. In no event shall Consultant s total of
compensation and reimbursement under this Agreement exceed the Contract Amount witho
e the express, written approval from the appropriate Department Head or City ManagJ
Payments shall be made within thirty (30) days of the date of receipt by the City of Consultant
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invoice. Should this Agreement be terminated prior to completion of all Work, payments w
be made for any phase of the Work completed and accepted as of the date of termination.
3. Consultant Obligations:
3.1. Independent Contractor Status. Consultant is an independent contractor and not
employee of the City for any purpose. Consultant shall have the complete responsibili
for the performance of this Agreement. Consultant shall provide workers' compensati•
coverage as required in ORS Chapter 656 for all persons employed to perform Wo
pursuant to this Agreement. Consultant is a subject employer that will comply with OR
656.017.
3.2. 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.
3.3. Assignment. Consultant shall not assign this Agreement or subcontract any portion•
the Work without the written consent of City. Any attempted assignment or subcontra
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 b
them, and the approval by City of any assignment or subcontract of the Work shall no
create any contractual relation between the assignee or subcontractor and
"T I,; V P IT, I I i 1 1271! 1 111, 11! 1; 1 C7311 1!111 1 1!11 1 1111
3.4. Work Performance Obligation. Consultant shall, at its own risk, perform the Work
described in the Description of Services and in the Supporting Documents and, unless
otherwise specified in this Agreement, furnish all labor, equipment, and materials required
for the proper performance of such Work.
3.5. Certification. Consultant agrees to and shall sign the certification attached hereto
"Exhibit U and incorporated herein by this reference. I
J.A. Worker's Compensation. 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.
J,.2. Workers' Compensation Exemption. If applicable, Consultant affirms and certifies that
it is exempt from providing Workers' Compensation per ORS 656.027.
Consultant initials if exempt: Date:
J,.3. 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 damage caused
by error, omission or negligent acts related to the Work to be provided under this
Agreement. "Tail" coverage is required at the completion of the Work under this
Agreement for the remaining Term, and for not less than twenty-four (24) months after
completion of all Work. Consultant shall be responsible for furnishing certification of the
"tail" coverage as described herein or continuous "claims made" liability coverage for not
less than 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
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4.4. 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.
Automobile Liability insurance with a combined single limit, or the equivalent, of not
less than $2,000,000 (two million dollars) for each accident for Bodily Injury and Property
Damage, including coverage for owned, hired or non -owned vehicles, as applicable.
J..6. 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.
�,.7. 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 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
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self-insurance.
5. Termination:
5.1. Mutual Consent. This Agreement may be terminated at any time by the mutual consent
1501 a 07ON 1"T TOFT17 M_
5.2. 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.
5.3. For Cause. City may terminate or modify this Agreement, in whole or in part, effective.
upon delivery of written notice to Consultant, or at such later date as may be established
by City under any of the following conditions:
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; or
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
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.
5.4. For Default or Breach. 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.
5.4. 1. 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.
5.5. Obligation/Liability of Parties. Termination or modification of this Agreement pursuant
to subsections 5.1, 5.2, or 5.3 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 of whether such notice is
given pursuant to subsection 5.1, 5.2, 5.3, or 5.4 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.
5.6. The rights and remedies of City provided in this subsection are not exclusive and are in
addition to any other rights and remedies provided by law or under this Agreement.
6. Indemnification: Consultant hereby agrees to defend, indemnify, save, and hold City, i
officers, employees, and agents harmless from any and all losses, claims, actions, cost
expenses, judgments, or other damages resulting from injury to any person (including inju
resulting in death), or damage (including loss or destruction) to property, of to the extent t
harm caused arises out of or incident to the negligent performance of this Agreement
Consultant (including but not limited to, Consultant's employees, agents, and othe
designated by Consultant to perform Work or services attendant to this Agreement). Howev
Consultant shall not be held responsible for any losses, expenses, claims, costs, judgment
or other damages, caused solely by the gross negligence of City. .1
7. Consultant's Compliance with Tax Laws: Consultant represents and warrants to the Ci
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that: Consultant shall comply with all Oregon tax laws, including but not limited to OR
1
305.620, ORS 305.380(4), and ORS Chapters 316, 317, 318, in addition to any rule' -
regulations, charter provisions, or ordinances that implement or enforce any of the foregoi
tax laws or provisions and any tax provisions imposed by a political subdivisions of the Sta -
of Oregon. 11
8. Living Wage Requirements: If the amount of this Agreement is $26,429.65 or mor
Consultant is required to comply with Chapter 3.12 of the Ashland Municipal Code by payi
a living wage, as defined in that chapter, to all employees performing Work under th
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Agreement •
and to any Subcontractor who performs 50% or more of the Work under th
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Agreement. Consultant is also required to post the notice attached hereto as "Exhibit
predominantly in areas where it will be seen by all employees.
9. Notice: Whenever notice is required or permitted to be given under this Agr 'nt, su eeme notice shall be given in writing to the other party by personal delivery, by sending via
reputable commercial overnight courier, by mailing using registered or certified United Stat
mail, return receipt requested, postage prepaid, or by electronically confirmed at t]
1 1 no 07 Wow T Mo
M wA% TE'7- ro. 0 W T
20 E. Main Street
Ashland, Oregon 97520
Phone: (541) 488-5350
10.1. 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. All reuse not occurring as part of this Agreement shall be
without liability to the Consultant.
10.2. Non -appropriations 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.
Statutory Requirements: The following laws of the State of Oregon are hereby
incorporated by reference into this Agreement: ORS 27913.220, 27913.230 and
27913.235.
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.
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10.5. 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.
11. Merger: This agreement and the attached exhibits constitute the entire understanding and
agreement between the parties. No waiver, consent, modification or change of terms of this
agreement shall bind either party unless in writing and signed by both parties. Such waiver,
consent, modification or change, if made, shall be effective only in the specific instance and
for the specific purpose given. There are no understandings, agreements, or representations,
oral or written, not specified herein 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.
WITNESS WHEREOF, the parties have executed this Agreement in their respective names
their duly authorized representatives as of the dates indicated below. This Agreement may
executed in two counterparts, each of which shall be deemed an original, with equal force a
effect as if executed in a single document. I
City of Ashland: RH2 Engineering, Inc. (Consultant�
By: lzela� -" 7
1/6/24 Signature
Richard L. Ballard
Printed Name
Director
Title
December 6, 2024
Date
(M-9 is to be submitted with this signed Agreement)
APPROVED AS TO FORM:
Digitally signed by Carmel Zahran
Carmel ZahranDate: 2025.01.02 09:53:04 -08'00'
ME=
1/2/25
=91.
Page 8 of 8 Personal Services Agreement Between the City of Ashland and RH2 Engineering, Inc.
M
Certifications/Representations: Consultant, by and through its authoriz
representative, under penalty of perjury, certifies that (a) the number shown on the attached W
form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Consultant
not subject to backup withholding because: (i) it is exempt from backup withholding, or (ii) it h
not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding
a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is
longer subject to backup withholding. Consultant further represents and warrants to City that:
it has the power and authority to enter into this Agreement and perform the Work, (b) t
Agreement, when executed and delivered, shall be a valid and binding obligation of Consulta
accordance with the local highest professional standards, and (d) Consultant is qualified, profe
sionally competent, and duly licensed (if applicable) to perform the Work. Consultant also cer
fies under penalty of perjury that its business is not in violation of any Oregon tax laws, it is
independent contractor as defined in the Agreement, it is authorized to do business in t
State of Oregon, and Consultant has checked four or more of the following criteria that apply
its business.
RLB (1) Consultant carries out the work or services at a location separate from a private
residence or is in a specific portion of a private residence, set aside as the location of
the business.
RLB (2) Commercial advertising or business cards or a trade association membership a
purchased for the business. i
RLB (3) Telephone listing is used for the business separate from the personal residence
listing.
1[i.� ii•iii•iiiiii III M5011 1• 111 w III I a
RLB (5) Labor or services are performed for two or more different persons within a period
of one year.
(6) Consultant assumes financial responsibility for defective workmanship or f
service ]
not provided as evidenced by the ownership of performance bond
warranties, errors and omission (professional liability) insurance or liability insuran
relating to the Work or services to be provided.
Consultant's signature
December 6, 2024
Date
4X921aw-A
Scope of Work
City of Ashland
Oak Knoll Golf Course Irrigation Storage Conceptual Design
November 2024
.... .. Tj oTylls 1111. poe-mes 7 1 =071111
in Ashland, Oregon. The City is experiencing water shortage issues during the latter part of summer.
The golf course possesses water rights with the Talent Irrigation District (TID), which allocates a
certain amount of water throughout the irrigation season. A water storage pond releases metered
water from the TID. The water is conveyed by gravity to a pump station near the middle of the golf
course, where it is used for irrigation. Currently, the amount of water being stored in the pond is not
adequate to effectively water the course during the latter half of the summer.
The City has requested that RI-12 Engineering, Inc., (RI-12) assist in confirming water rights allocation
amounts are being fully utilized. If allocated amounts are being fully utilized, the City is interested in
identifying available water rights and securing subsequent purchase agreements and permitting. If
additional water rights are available, the City may also request RI-12's assistance with preliminary
design locations for an additional reservoir and conveyance methods to the existing irrigation pump
st'?tio'N.
• This Scope of Work includes efforts to determine water rights usage and assist the City wi
additional water rights purchasing, if available. If the City is fully utilizing its water rights a
no additional water rights are available for purchase and no excess water is available
storage; this Scope of Work will subsequently end; no concept design work will be performe
and the contract will be determined fulfilled.
• The services described herein will be performed to the level of effort identified in the attach
Fee Estimate.
• RH2 will rely on the accuracy and completeness of information, data, and materials generat
orproduced by the City, TID, and other agencies in relation to this Scope of Work. RH2 assum
that the entity providing such information to RH2 is either the owner of such information
has obtained written authorization from the owner to distribute said information.
• RH2 deliverables will be provided in electronic PDF unless otherwise noted.
jili�jlliiiij 111�11111� 1111111111
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11/27/2024 8:45A5 AM J:\DATA\COA\_BUSDEV\OAK KNOLL IRRIGATION\PSA SOW COA OAK KNOLL IRRIGATION STORAGE CONCEPTUAL DESIGN.DOCX
City mfAshland Exhibit A
Oak Knoll Golf Course Irrigation Storage Conceptual Design Scope of Work
(.1 Manage the RI-12 project team to track work elements accomplished, work items planned for
the next phase, work hours, scope changes, time, and budget for this Scope of Work. Submit
a monthly invoice summarizing costs and the remaining budget.
The scope of this Task is limited to providing analysis and recommendations. RH2 and the Ci
may re-evoluote this Scope of Work as part of a scope modification should the City desire R
to provide additional services to assist with any additional aspects of this project. I
Objective: Coordinate current system data collection. Determine differential in current system
irri t' n rights. If no differential exists determine TID water righ
ea ion usage and allocated TID irrigatio
2.1 Coordinate data collection of TID water rights for the property and TID water usage from the
TID water meter. Estimate actual irrigated amount and system losses.
2.2 Determine Tl0 water rights availability. Assist the City with the purchase of water rights if
water rights are available and provide documentation to facilitate the purchase of water
rights.
2.3 Determine the feasibility of using excess water or purchased water rights for additional
storage at the site.
0 Information provided by City andlor TID is accurate as provided. Coordination with agencies
other than the City or TID is not included in this Scope of Work.
0 Water usage data from the TlDmeter ordirectly from T0.
11/27/20248AS.mmw J:\DATA\COA\_BUSDEV\OAK KNOLL IRRIGATION\PSA SOW COA OAK KNOLL IRRIGATION STORAGE CONCEPTUAL DESIGN.DOCX
City of Ashland Exhibit A
Oak Knoll Golf Course Irrigation Storage Conceptual Design Scope of Work
up%0- Imm-, 01
• Email providing irrigation usage estimate.
• Email outlining water usage differential.
• Email explaining if water allocation is completely utilized and explaining water rights purchase
feasibility.
• Email outlining feasibility of using any excess water or purchased water rights for additional
storage at the site.
H M, M1 a 2 M_ ff N ff MT UK R-74 7 TMOTM,
Objective: Prepare conceptual -level layout drawings of two (2) to three (3) locations, incluclin,�
conceptual layout drawings, findings, calculations, and a summary of each location. Include
appendices with relevant information.
T-Mr. M.,
3.1 Prepare conceptual layout drawings for use by the City. Research up to three (3) potential
reservoir site locations. Prepare two (2) to three (3) drawings providing the location,
conveyance method, and storage capacity of each potential reservoir.
3.2 Prepare a technical memorandum summarizing the findings, including the recommended
locations, advantages and disadvantages of each site location, and an opinion of probable
construction cost.
3.3 Attend a review meeting to finalize the design location.
Assumptions:
0 Findings and deliverables outlined in previous tasks of this Scope of Work will not be modified
in Task 3.
M7-T2,w?J,T,TT9M
0 Technical memorandum recommending reservoir location, alternative layout drawings, and
descriptions of advantages and disadvantages of each location.
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RH2 is prepared to commence water usage research and water rights availability upon receipt of
notice to proceed. RH2 will prepare a scope of work and fee estimate for concept design dependent
on water rights availability for City approval. The conceptual design and site recommendation is
anticipated to take approximately two (2) months to complete.
W
11/27/2024 8ASAS AM J:\DATA\COA\_BUSDEV\OAK KNOLL IRRIGATION\PSA SOW COA OAK KNOLL IRRIGATION STORAGE CONCEPTUAL DESIGN.DOCX
EXHIBIT
Fee Estimate
City of Ashland
Oak Knoll Golf Course Irrigation Storage Conceptual Design
Nov-2
Description
1 Project Management and Administration Services
2 Water Usage and Water Right
UTIMIT4111 "fill
Total Labor
Total
\\carp. rh2.com\projects\Project\Data\COA\ BusDev\Oak Knoll Irrigation\PSA FEE Oak Knoll Golf Course Irrigation Storage Con cept.Asm 11/27/20249:08 AM
EXHIBIT
C
RH2 ENGINEERING,
INC.
2025 SCHEDULE OF
RATES AND CHARGES
RATE LIST
RATE
UNI
Professional 1
$172
$/hr
Professional 11
$188
$/hr
Professional 111
$209
$/hr
Professional IV
$231
$/hr
Professional V
$246
$/hr
Professional A
$263
$/hr
Professional V11
$287
$/hr
Professional Vill
$309
$/hr
Professional IX
$318
$/hr
Technician 1
$133
$/hr
Technician 11
$146
Vhr
Technician III
$165
$/hr
Technician IV
$179
$/hr
Technician V
$197
$/hr
Technician A
$215
$/hr
Technician V11
$234
$/hr
Technician V111
$244
$/hr
Administrative 1
$89
$/hr
Administrative 11
$104
$/hr
Administrative 111
$122
$/hr
Administrative IV
$145
$/hr
Administrative V
$171
$/hr
CAD/GIS System
$27.50
$/hr
CAD Plots - Half Size
$2.50
price per plot
CAD Plots - Full Size
$10.00
price per plot
CAD Plots - Large
$25.00
price per plot
Copies (bw) 8.5" X 11"
$0.09
price per copy
Copies (bw) 8.5" X 14"
$0.14
price per copy
Copies (bw) 11" X 17"
$0.20
price per copy
Copies (color) 8.5" x 111,
$0.90
price per copy
Copies (color) 8.5" X 14"
$1.20
price per copy
Copies (color) 11" X 17"
$2.00
price per copy
Technology Charge
2.50%
% of Direct Labor
Night Work
10.00%
% of Direct Labor
price per mile
Mileage
$0.6700
(or Current IRS Rate)
,Subconsultants
15%
Cost +
JOutside Services
at cost
Rates listed are adjusted annually.