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2025-056 AGRMT West Yost
»`ail w ITY OF �, SHLAND Personal Services Agreement City InformationIt Information City of Ashland Firm m t Yost Attn: Contact: Rachel Lanigan 20 t Main Street Address: 100 Howe Avenue Ste, 11 OS Ashland, Oregon 97520 Sacramento CA 95825 Phone: 1 - 7 Phone: Email:jason.strait@ashland.or.us mail: rianigan@weslyost.com Contract Summary Procurement Direct award Method: Completion ate: 6/30/2026 $78,728 seventy-eight thousand seven hundred Contract Amount: twenty-eight dollars Description of Grant Application Services: Assistance and Consultation Supporting Proposal 1/31/2025 Documents: Dated: Dated: Dated: Dated: This Personal Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter"City") and the Consultant listed under Consultant Information above, ("hereinafter "Consultant"), for the services listed under Description of Services and Supporting Documents as noted in the Contract Summary above. In the event of conflict between provisions of the Supporting Documents, the Supporting Documents shall be given precedence in the order listed above. This Agreement, the Exhibits and the Supporting Documents shall be construed to be mutually complementary and supplementary wherever possible, In*eevent of conflict which cannot so resolved, the provisions of this Agreement itself shall contronyconflictin provisions in any of the exhibits or supporting documents. The Consultant's initial •herein signify cnoled ent and agreement to this provision, if applicable, or if not sign" / ®. antIs services are collectively referred to in this Agreement as the"Work." PersonalPage 1 of 8 ises Agreement Between the City 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. City recognizes that Consultant's performance must be governed by sound professional practices in a manner consistent with the Standard of Care. 2. Compensation: City shall pay Consultant the sum listed as the"Contract Amount" under the Contract Summary on page one of this document as full compensation 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 Contract Amount without the express, written approval from the appropriate Department Head or City Manager. 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. 3. Consultant Obligations: 3.1. Independent Contractor Status. Consultant is an independent contractor and not an employee of the City for any purpose. Consultant shall have the complete responsibility for the performance of this Agreement. Consultant shall provide workers' compensation coverage as required in ORS Chapter 656 for all persons employed to perform Work pursuant to this Agreement. Consultant is a subject employer that will comply with ORS 656.017. 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. In providing services under this Agreement, the Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality ("Standard of Care"). 3.3. 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 Page 2 of 8 Personal Services Agreement Between the City of Ashland and XXXXX 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. 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 as "Exhibit C"and incorporated herein by this reference. 4. Insurance: Consultant shall, at its own expense, maintain the following insurance: 4.1. 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. 4.2. Workers' Compensation Exemption. If applicable, Consultant affirms and certifies that it is exempt from providing Workers' Compensation per ORS 656.027. Exemption criteria: Enter criteria here or delete if not applicable Consultant initials if exempt: Date: 4.3. Professional Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars) per occurrence . This is to cover any damage caused by negligent error, omission or negligent acts related to the Work to be provided under this Agreement. 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. Higher limit may be met with combination of Primary and Excess policies. 4.5. 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. Higher limit may be met with combination of Primary and Excess policies. 4.6. 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. This requirement does not apply if the reduction in coverage remains above the limits specified in this contract . Additional Insured/Certificates of Insurance. Consultant shall name the City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on General Liability and Automobile Liability insurance policies, excluding Professional Liability and Workers' Compensation, required herein, but only with respect to Page 3 of 8 Personal Services Agreement Between the City of Ashland and XXXXX Consultant's services to be provided under this Agreement. The consultant's insurance except for Worker's Compensation and Professional Liability insurance, is primary and non-contributory. As evidence of the insurance coverages required by this Agreement, the Consultant shall furnish acceptable insurance certificates prior to commencing the Work under this Agreement. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles,self-insured retentions, and/or self-insurance. 5. Termination: 5.1. Mutual Consent. This Agreement may be terminated at any time by the mutual consent of both parties. 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 Page 4 of 8 Personal Services Agreement Between the City of Ashland and XXXXX delegate duties under, this Agreement. Page 5 of 8 Personal Services Agreement Between the City of Ashland and XXXXX 5.5. Obligation/Liability of Parties. Termination or modification of this Agreement pursuant to subsections 2.1, 2.2, or 2.3 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 2.1, 2.2, 2.3, or 2.4 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 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 to the extent caused by the negligent 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 negligence of City. 7. Consultant's Compliance with Tax Laws: Consultant represents, agrees and confirms to the City that: Consultant shall comply with all Oregon tax laws, including but not limited to ORS 305.620, ORS 305.380(4), and ORS Chapters 316, 317, 318, in addition to any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions and any tax provisions imposed by a political subdivisions of the State of Oregon. 8. Living Wage Requirements: If the amount of this Agreement is $26,429.65 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. 9. 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 addresses set forth on page one of this agreement with a copy to: Page 6 of 8 Personal Services Agreement Between the City of Ashland and XXXXX City of Ashland—Legal Department 20 E. Main Street Ashland,Oregon 97520 Phone: (541)488-5350 10. General Provisions: 10.1. Ownership of Work/Documents: All Work, work product, or other documents produced in furtherance of this Agreement belong to the City, provided that City substantially performs its obligations under this Agreement including payment of all sums due and owing to Consultant and any copyright, patent,trademark proprietary or any other protected intellectual property right shall vest in and is hereby assigned to the City, provided that City substantially performs its obligations under this Agreement including payment of all sums due and owing to 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. 10.3. 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. 10.4. 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.1 10. 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 Page 7 of 8 Personal Services Agreement Between the City of Ashland and XXXXX 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. Page 8 of 8 Personal Services Agreement Between the City of Ashland and XXXXX WHEREOF,WITNESS the parties have executed this Agreement in their respective names by their duly authorized representatives as of the dates indicated below. This Agreement may be executed in two counterparts, each of which shall be deemed an original, with equal force and effect as if executed in a single document. City of Ashland: (Consultant) By: By.,"I Sabrina Cott , City Manager 2/28/25 Sinatu Date Printed Name V1'Ce9!2 Title Purchase Order No. 26 2025 Date (M-_9 is to be submitted with this signed reeent) APPROVED AS TO FORM: City Attorney 2.21.25 Date Page 9 of 8 Personal Services Agreement Between the Cityl and XXXXX EXHIBIT 11 MINE III! City of Ashland LIVING ME of hour, effective June 30, 2023. The Uvinga is adjusted annuallyevery ConsumerJune 30 by the Price Index. • PwWer portion othe ess of of lth care,.retirement,heir em r tithe1 !RS diq�ble toyerhasorcaf iplans(includingI hased child )benefuts to the F w cial assistance for the employees amount of . serice ct bemw thew pmpd or busmess from the employer and the City of Clyof AsHand over : For temporary and Ashland)d the bract $25, 5.05; partfime employees,the exceeds$25,335.05 or more, t ving Wage does not apply ff their employer is the Coy of m the fast 1040 hours worked For al hows waked in a Ashland including the Parks in any caleMar year. For morth,,'I the employee and Recreation Department mre details,please see sW� or more of AsMand Mu _ I Co de employee's time in that month ' In tali ' the living vage, Section 3.12.020, wa*iwg on a rd or ernplbyers my add the value Call the Ashland C r Manager's office at 541-488-6]02 or write to the City Manager, City Mall,20 East Main Street,Ashland,OR 97520,or visit the Cdys website at www.ashland,or.us. Notice to Employers: This notice must be posted!in areas where it can be seen by al!employees CITY OF ASHLAND Page 1 of 1: Exhibit 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, agrees and confirms 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 professional Standard of Care, and (d) Consultant is qualified, professionally competent, and duly licensed (if applicable) to perform the Work. Consultant also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, it is an independent contractor as defined in the Agreement, it is authorized to do business in the State of Oregon, and Consultant has checked four or more of the following criteria that apply to its business. (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. (2) 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. ✓ (4) Labor or services are performed only pursuant to written contracts. ✓ (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 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. Consultan signature 21 � 26/102s Date / Personal Services Agreement with XXXXX Form W=9 Request for Taxpayer Give form to the (Rev.March 2024) Identification Number and Certification requester®Do not Department of the Treasury send to the IRS. Internal Revenue Service Go to wvvwJrs.gov1FormW9 for instructions and the latest information. Before you begin.For guidance related to the purpose of Form W-9,see Purpose of Form,below. 1 Name of entity/individual.An entry is required.(For a sole proprietor or disregarded entity,enter the owner's name on line 1,and enter the business/disregarded entity's name on line 2.) West Yost&Associates,Inc. 2 Business name/disregarded entity name,if different from above. So Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1.Check 4 Exemptions(codes apply only to U) only one of the following seven boxes. certain entities,not individuals; cc Q. see instructions an page 3): C [:] Individual/sole proprietor 1:1 G corporation ED S corporation Partnership E J Trust/estate 0 4i (a F1 LLC.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership) Exempt payee code(if any) CL a Note:Check the"LLC"box above and,in the entry space,enter the appropriate code(C,S,or P)for the tax classification of the LLC,unless it is a disregarded entity.A disregarded entity should instead check the appropriate Exemption from Foreign Account Tax 0 box for the tax classification of its owner. Compliance Act(FATCA)reporting E] Other(see instructions) code(if any) C 3b If on line 3a you checked"Partnership"or"Trust/estate,"or checked"LLC"and entered"P"as its tax classification, (Applies to ac counts maintained and you are providing this form to a partnership,trust,or estate in which you have an ownership interest,check outside the United States.) this box if you have any foreign partners,owners,or beneficiaries.See instructions 4) 5 Address(number,street,and apt.or suite no.).See instructions. Requester's name and address(optional) 2020 Research Park Drive, Ste 100 6 City,state,and ZIP code Davis,CA 95618 7 List account number(s)here(optional) Enter your TIN in the appropriate box.The TIN provided must match the name given on line I to avoid Social security number backup withholding.For individuals,this is generally your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the instructions for Part 1,later.For other entities,it is your employer identification number(EIN).If you do not have a number,see How to get a or TIN,later. Employer identification number Note:If the account is in more than one name,see the instructions for line 1.See also What Name and Number To Give the Requester for guidelines on whose number to enter. Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.1 am not subject to backup withholding because(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.1 am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and,generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part 11,later. o ign f U.S.0 person UAL S.11 WWAN Data 02/24/2025 General Instructions LAM 11011111111%__01 New line 3b has been added to this form.A flow-through entity is required to complete this line to indicate that it has direct or indirect Section references are to the Internal Revenue Code unless otherwise foreign partners,owners,or beneficiaries when it provides the Form W-9 noted. to another flow-through entity in which it has an ownership interest.This Future developments.For the latest information about developments change is intended to provide a flow-through entity with information related to Form W-9 and its instructions,such as legislation enacted regarding the status of its indirect foreign partners,owners,or after they were published,go to www.irs.govIFormW9. beneficiaries,so that it can satisfy any applicable reporting requirements.For example,a partnership that has any indirect foreign What's New partners may be required to complete Schedules K-2 and K-3.See the Line So has been modified to clarify how a disregarded entity completes Partnership Instructions for Schedules K-2 and K-3(Form 1065). this line.An LLC that is a disregarded entity should check the Purpose of Form appropriate box for the tax classification of its owner.Otherwise,it should check the"LLC"box and enter its appropriate tax classification. An individual or entity(Form W-9 requester)who is required to file an information return with the IRS is giving you this form because they Cat.No.10231X Form W-9(Rev.3-2024) 100�kmc Avenue Ste, 916 306.2250 phoine I 10S,Sacramento,CA 530,756.5991,fax WWESTYOST 95825 westy0sLCOTT11 N Water. Engineered. January 31,2025 SENT VIA: EMAIL Scott Fleury Public Works Director City of Ashland Public Works 20 East Main St Ashland, OR 97520 SUBJECT: Proposal for Non-Disaster Building Resilient Infrastructure Communities(BRIC)Grant Subapplication Support for the City of Ashland Water Treatment Plant Project Dear Scott: The purpose of this letter proposal is to provide the City of Ashland (City)with a proposed scope of services, budget, and schedule for the Oregon Department of Emergency Management(OEM) BRIC/FEMA FY2024 Grant Subapplication. West Yost will prepare a subapplication for the City for the Federal Emergency Management Agency's (FEMA) BRIC Grant program,facilitated by OEM.The subapplication will seek funding for the design and construction of the City's new Water Treatment Plant (WTP), located on the City's property on Granite Street and Horn Creek Road.This project will construct a new, 7.0 MGD water treatment plant to replace the City's current aged water treatment plant located in a steep narrow canyon representing a high hazard risk to the existing T .The new WTP will resolve multiple resilience,environmental, and societal concerns, and address natural hazards that pose a risk to the current plant. West Yost will prepare the full subapplication and complete the FEMA benefit cost analysis using the FEMA Benefit Cost Analysis(BCA)tool, in addition to post-submission follow-up to Oregon Department of Emergency Management(OEM) Requests for Information on behalf of the City. Scope of Services This proposal presents a scope of services for the following tasks: Task 1. Subapplication Development West Yost will develop the BRIC Grant Draft Subapplication for the project described in the previously submitted pre-application.The draft subapplication will include description of the design and construction of the new Water Treatment Plant, as identified in the Ashland Annex of the Jackson County Natural Hazards Mitigation Plan as Action Item 7.1: [Landslide Mitigation Strategies) Page AA 13, "Complete Design and Development of the City's New Water Treatment Plant,and complete a benefit cost analysis using the FEMA BCA Tool,Scope of or , Budget,and Schedule. The BCA will be developed using historical damages data,studies, plans,and/or assessments provided by the city. If additional technical work is required to complete the BCA, additional budget will be required. Scott Fleury January 31,2025 Page 2 West Yost will incorporate and address City comments into the final subapplication package and the City will submit the application in the FEMA Go Portal by the deadline noted in the schedule below. Task 1 Assumptions • City will provide background information to West Yost to prepare a Draft Subapplication and develop the benefit cost analysis. • City will create a FEMA Go account and link West Yost staff to the subapplication. • West Yost will provide a draft subapplication to the City by March 12,2025. • City will review Draft Subapplication and provide comments by March 24, 2025,or sooner as noted under Schedule. • City will submit the final application in FEMA Go,as the authorized representative. Task I Deliverables • West Yost will provide a Draft and Final Subapplication(electronic submittal). • West Yost will develop the BCA and BCA Narrative Summary. Task 2. OEM Requests for Information West Yost will participate in post-submission communication with OEM and the City as necessary. OEM often requests additional information and/or edits to subapplication content and attachments prior to submitting to FEMA. This task assumes that responses will be prepared in reference to existing information. If new analyses are required, new scope and budget augmentation may be required. Task 2 Assumptions 0 West Yost will provide summary of OEM recommendations if City is unable to attend meetings. Task 2 Deliverables • Prepare responses to RFI's as needed. • Revise subapplication forms as needed. Task 3. Project Management Project management activities include preparing monthly invoices,summarizing the progress of work, and internal and external meetings. West Yost will conduct up to three(3) meetings with the City and/or OEM to discuss Subapplication details as necessary. Task 3 Assumptions 0 Project duration is assumed to be 3 months. Task 3 Deliverables 0 West Yost will provide invoices with project summary following months of active work. WEST YOST Scott Fleury January 31,2025 Page 3 PROJECT BUDGET West Yost's proposed level of effort and budget for each of the tasks described above is shown in Table 1.West Yost will perform the Tasks on a time-and-expenses basis at the billing rates set forth in West Yost's attached 2025 Billing Rate Schedule(Attachment A)with a total not to exceed cost of $78,728. Actual costs per task may vary,and budget may be reallocated as needed.Any additional services not included in this scope of services will be performed only after receiving a contract amendment. Table 1.Table of Estimated Project Hours and Budget Task Level of Effort, hours Estimated Budget,dollars Task 1.Subapplication Development 176 44,428 Task 1.1: Benefit Cost Analysis 50 15,620 Task 2.OEM Requests for 44 11,480 information,as needed Task 3. Project Management � 26 7 1 200 ........................................ ................ Total Project Hours and Budget 296 78,728 SCHEDULE West Yost will commence work on the subapplication immediately upon receiving Notice to Proceed from the City. As shown in Table 2,West Yost will submit a draft of the subapplication for the City's review by about March 12,2025,and requests city comments by March 24,2025,so that West Yost complete revision for the final submission the final subapplication to OEM by the deadline of March 28, 2025. ................................................................................................................................................................................................................................................... ..................................................................................................................... Activity Table 2.Schedule Complti,, Date On or Before Meeting with OEM and City February 12,2025 ......................................................................................................................................................... ......................................................................... West Yost to prepare preliminary BCA February 21,2025 .............................................................. ................ .........................................__............................... West Yost to Submit Draft Subapplication to City March 12, 2025 ...........-1................................................................... ............................................................................_.. City to Complete Review of Draft Subapplication March 24,2025 ......................................................................................................................._......................................................................................................................................................................__.,......................................... _................................................. Meeting To Review City Comments March 24, 2025 .............................................................— ................................... .................................................................................................................................................................................................................... West Yost to Incorporate Final Comments/Edits to Final Subapplication March 28, 2025 ......................................................................I _............................... ....................... West Yost to Submit Final Subapplication through FEMA Go Engage Portal March 28, 2025 __._.. ............................................ .................................................................................................................................................................................................—1..,..._..-........................................................................................... West Yost to Coordinate with OEM/City for any Post-Submission Follow-Up April 17,2025 Activities,as needed West Yost to Revise Subapplication_as.needed April 17,2025 ......................____................................................................................................................------......... .................................................... WEST YOST Scott Fleury January 31,2025 Page 4 Thank you for providing West Yost the opportunity to be of service to the City. Please call if you have any questions or require additional information. Sincerely, WEST YOST IIUAX- Sheri Lasick Funding Practice Leader Attachment A. West Yost 2025 Billing Rate Schedule WEST YOST s West Yost 2025 Billing Rate Schedule WWESTYOST AF Water. Engineered. 2025 Billing Rate Schedule (Effective January 1,2025,through December 31,2025)* -----------—------------------------------------------------- POSITIONS LABOR CHARGES(DOLLARS PER HOUR) ENEEMENNEEM Principal/Vice President $373 Engineer/Scientist/Geologist Manager 1 11 $352 / $369 Principal Engineer/Scientist/Geologist 1 11 $317 / $338 Senior Engineer/Scientist/Geologist I/11 $286 / $300 Associate Engineer/Scientist/Geologist 1 11 $237 / $255 Engineer/Scientist/Geologist I/11 $185 / $215 Engineering Aide $111 Field Monitoring Services $138 Administrative I/11/III/IV $102 $127 $152 $168 Engineering Tech Manager I/11 $366 $369 Principal Tech Specialists/[1 $336 $348 Senior Tech Specialist I/11 $308 $321 Senior GIS Analyst $278 GIS Analyst $264 Technical Specialist I/11/III/IV $196 / $224 / $251 $280 Technical Analyst I/11 $141 $168 Technical Analyst Intern $113 Cross-Connection Control Specialist 1 11 111 IV $147 / $159 / $179 $198 CAD Manager $222 CAD Designer I/11 $172 $194 Senior Construction Manager $355 Construction Manager I/11/III/IV $211 / $226 / $239 / $303 Resident Inspector(Prevailing Wage Groups 4/3 2 1) $190 / $211 / $235 / $244 Apprentice Inspector $172 CM Administrative I/11 $91 / $124 Field Services $244 • Hourly rates include charges for technology and communication,such as general and CAD computer software, telephone calls,routine in-house copies/prints,postage,miscellaneous supplies,and other incidental project expenses. • Outside services,such as vendor reproductions,prints,and shipping;major West Yost reproduction efforts;as well as engineering supplies,etc.,will be billed at the actual cost plus 15%. • The Federal Mileage Rate will be used for mileage charges and will be based on the Federal Mileage Rate applicable to when the mileage costs were incurred.Travel other than mileage will be billed at cost. • Subconsultants will be billed at actual cost plus 10%. • Expert witness services,research,technical review,analysis,preparation,and meetings will be billed at 150%of standard hourly rates.Expert witness testimony and depositions will be billed at 200%of standard hourly rates. • A finance charge of 1.5%per month(an annual rate of 18%)on the unpaid balance will be added to invoice amounts if not paid within 45 days from the date of the invoice. I his schedule is updated annuafly Page 1.of 2 WWESTYOST AF Water. Engineered. 2025 Billing Rate Schedule (Effective January 1,2025,through c r 31,2025)* Equipment Charges RATES 2"Purge Pump&Control Box $300 /day Aquacalc/Pygmy or AA Flow Meter $28 /day Emergency SCADA System $35 /day Field Vehicles(Groundwater) $1.02 /mile Gas Detector $ 0 /day Generator $60 /day Hydrant Pressure Gauge 10 /day Hydrant Pressure Recorder,Impulse(Transient) $55 /day Hydrant Pressure Recorder,Standard $40 /day Low Flow Pump Back Pack $135 /day Low Flow Pump Controller $200 /day Powers Water Level Meter $32 /day Precision Water Level Meter 300ft $30 /day Precision Water Level Meter 5ft $40 /day Precision Water Level Meter 700ft $45 /day QED Sample Pro Bladder Pump $65 /day Skydio 2+Drone(2 hour mimimum) $100 /hour Storage Tank $20 /day Sump Pump 24 /day Transducer Communications Cable $10 /day Transducer Components(per installation) $23 /day Trimble GPS-Geo 7x $220 /day Tube Length Counter $22 /day Turbidity Meter $30 /day Turbidity Meter(2100Q Portable) $35 /day Vehicle(ConstructionManagement) $10 /hour Water Flow Probe Meter $20 /day Water Quality Meter $50 /day Water Quality Multimeter $15 /day Well Sounder $30 /day This sc:lwdulle is updated annually Page 2 of 2 AMENDMENT NO. 1 to PERSONAL SERVICES AGREEMENT between THE CITY OF ASHLAND, an Oregon municipal corporation, (11 Cityll) land West Yost ("Consultant") for Grant Application Assistance RECITALS A. The City and Provider previously entered into a Personal Services Agreement effective February 28, 2025 (the "Agreement"), for Grant Application Assistance. B. The City and Consultant now wish to amend the Agreement to increase the amount of compensation to be paid to Consultant. AGREEMENT NOW THEREFORE, in consideration of the mutual benefits and obligations set forth herein, the parties agree as follows: 1. Amend the amount of compensation from $78,728.00 (seventy-eight thousand seven hundred twenty-eight dollars to $93,511.75 (ninety-three thousand five hundred eleven dollars and 75/100), an increase of$14,783.75 (fourteen thousand seven hundred eighty-three dollars and 75/100). 2. This Amendment No. 1 is effective upon being signed by both parties. 3. Except as specifically modified by this Amendment No. 1, the terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF the parties have caused this Amendment No. 1 to be signed in their respective names by their duly authorized representatives as of the dates set forth below: CITY OF ASHLAND, OREGON West Yost By: �G.t�2�.r1.1� By: City Manager: Sabrina Cotta Printed Name: Lindsay Smith Date: 5/12/2025 Title: Vice President Date: May 8, 2025 Page 1 of 1: Amendment No. 1 to Goods& Services Agreement between the City of Ashland and West Yost nm Howe Avenue Ste. 91.6.306.2250 phone noS,Sacramento,cA 530.756.5991.hm WWESTYOST soozo wes�m�com� �� �� Water. Engineered. May2, 2025 SENT VIA: EMAIL PROJECT NO: ll44'4O'25'Ol Scott Fleury Public Works Director City of Ashland Public Works 20 East Main St Ashland, ORy752O SUBJECT: Budget Amendment tothe Grant Application Assistance Agreement to prepare and submit Non-Disaster Building Resilient Infrastructure Commmmunities(BR|C) GrentSubmpp|icmtion for the City of Ashland Water Treatment Plant Project Dear Scott: The purpose of this letter proposal is to request a budget amendment to the agreement with the City of Ashland (City)to prepare a subapplication for the City for the Federal Emergency Management Agency's (FEMA) BR|CGrant program,facilitated by OEM. During the development of the subapplication and the benefit cost analysis, data gaps were identified that required additional community research, historical flood research, and anengineer's professional opinion of damages following various flood events (e.g. 50 year, 100 year, and 500 year). In addition to the additional work noted, during the final submission of the subapplication,the U.S. Department of Homeland Security overseeing FEMA announced the cancelation of the BRIC federal grant a mere two weeks before the application was due to be submitted to FEMA.At no point prior to this announcement was there any indication that the funding program would be canceled. Following the cancelation of the BRIC grant, WY contacted OEM on behalf of the city to inquire about and request approval to transfer the oubapp|ication package tothe FEMA Flood Mitigation Assistance (FIVIA) program. OEM agreed this was a good strategy for the city to pursue and the city's approval to modify subapplication content as needed to submit the new WTP for funding under the FIVIA grant was granted via email on Thursday, April 10, 2025. All work was completed, and the city submitted the subapplication to the Oregon Emergency Management Department(OEM)for their review and submission to FEMA. The total cost to complete this additional work was$14,783.75. OEM has indicated that FEMA may revise its Notice of Funding Opportunity criteria. Should FEMA make any changes to the FIVIA grant notice of funding opportunity, OEM may also direct the city to revise its subapplication. If the city needs assistance with any such revisions, an additional budget amendment will be required. Scott Fleury May 2, 2025 Page 2 Thank you for providing West Yost the opportunity to be of service to the City. Please call if you have any questions or require additional information. Sincerely, WEST YOST Sheri Lasick Funding Practice Leader WEST YOST P W)I, WESTYOS-01 FEDERICIS ACORL7µ' CERTIFICATE OF LIABILITY INSURANCE DATE(M/202YYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License#OE67768 CONTACT Andrea Michael NAME: IOA Insurance Services PHONE FAX 3875 Hogyard Road (A/C,No,Ext): (925)249-7958 (A/C,No): Suite 20 E-MAIL Andrea.Michael@ioausa.com Pleasanton,CA 94588 INSURERS AFFORDING COVERAGE NAIC# INSURERA:RLI Insurance Company 13056 INSURED INSURER B: West Yost&Associates,Inc. INSURER C: 2020 Research Park Drive Suite 100 INSURER D: Davis,CA 95618 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MMIDD/YYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE j OCCUR PSB0009675 9/1/2024 9/1/2025 DAMAGE TO RENTED 1,000,000 PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ] JECT1:1 LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO PSA0003122 9/1/2024 9/1/2025 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS-MADE PSE0004755 9/1/2024 9/1/2025 AGGREGATE $ 5,000,000 DED RETENTION$ $ A WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N PSW0005293 9/1/2024 9/1/2025 1,000,000 ANY PROPRIETOR/ R/EXECUTIVE ❑ E.L.EACH ACCIDENT $ EXCLU OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liab. RDPOO55741 9/1/2024 9/1/2025 Per Claim 1,000,000 A Professional Liab. RDPOO55741 9/1/2024 9/1/2025 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) All operations of the Named Insured,including the aforementioned project,if any. General Liability: City of Ashland,Oregon,and its elected officials,officers and employees are included as Additional Insured on Primary&Non-Contributory basis with Waiver of Subrogation included,as required by written contract. Workers'Compensation: Waiver of Subrogation is included as per attached Waiver of Subrogation Endorsement,as required by written contract. Auto Liability: City of Ashland,Oregon,and its elected officials,officers and employees are included as Additional Insured with Waiver of Subrogation included,as required by written contract. 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. AUTHORIZED)REPRESENTATIVE " C City of Ashland 20 East Main Street Ashland OR 97520 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: pSB0008075 RL| Insurance Company Named Insured:�West Yost&Associates, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ 8TCAREFULLY. �� ��U U� �d��� PROFESSIONALS n�u~nn ������— n �rn� BLANKET �����U�Uo���U U�������� ����o�����U���� ��u~��nmn�u~ n �����,nnn�~nm��u~ nnm����n�u~�� ENDORSEMENT This endorsement modifies insurance provided under the following: 0US|NESS0VVNERS COVERAGE FORM - SECTION || — LIABILITY 1. C. WHO IS AN INSURED is amended to include as additional insured under this policy must apply on o on additional insured any person or organization that primary boeie, or o primary and non-contributory you agree in o contract or agreement requiring boeie, this insurance is primary to other insurance insurance bu include oeon additional insured onthis that is available to such additional insured which po|ioy, but only with respect to liability for "bodily covers such additional insured oeonamed insured, injury". "property damage" or "personal and and we will not ehonu with that other ineuronoe, advertising injury" caused in whole or in port by you provided that: or those acting on your beho|f� � a. The "bodily injury" or "property damage" for a. In the performance of your ongoing operations; which coverage is sought occurs after you have b. In connection with premises owned byorrented entered into that contract orogreement' or to you; or b. The "personal and advertising injury" for which .. , coverage is sought arises out of on offense � |n connection with your work" and included ' .. committed after you have entered into that within the product-oomp|eted operations hazard".. contract oragreement. 4. The following is added to ����T|��N 88| 8�. 2. 2 The insurance insured by ' this endorsement ie limited oefoUovve� Transfer mf8�i@hts of Recovery Against Others to � 0s — COMMON POLICY CONDITIONS (BUT a. This insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION 18 — any person or organization for which coverage LIABILITY) as an additional insured specifically ieadded by We waive any rights of recovery we may have another endorsement bu this policy. against any person or organization because of b. This insurance does not apply to the rendering payments we make for "bodily injury". "property of or failure to render any "professional damage" or "personal and advertising injury" arising eervioee" out of "your work" performed by you, or on your behalf, under o contract or agreement with that c This endorsement does not increase any of ' person or organization. VVewoivetheeerighteon|y limits of insurance stated in D. Liability And � ' where you have agreed to do so as part of o K8�di�a| ����n��� �imni�� mf8n�uran��� contract or agreement with such person or 3. The following is added to SECTION 888 H.2. Other organization entered into by you before the "bodily Insurance — COMMON POLICY CONDITIONS injury" or "property damage" occurs, or the "personal (BUT APPLICABLE ONLY TO SECTION 88 — and advertising injury" offense iecommitted. LIABILITY) Hovm»ver, if you specifically agree in o contract or agreement that the insurance provided to on ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PP030402 12 Page of POLICY NO. PSA0003122 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured of the operations contemplated by such contract. The The following is added to the SECTION II — waiver applies only to the person or organization COVERED AUTOS LIABILITY COVERAGE, Para- designated in such contract. graph A.1.Who Is An Insured Provision: E. Employee Hired Autos Any business entity newly acquired or formed by you 1. The following is added to the SECTION II — during the policy period, provided you own fifty COVERED AUTOS LIABILITY COVERAGE, percent (50%) or more of the business entity and the Paragraph A.1.Who Is An Insured Provision: business entity is not separately insured for Bus-iness An "employee" of yours is an "insured" while Auto Coverage. Coverage is extended up to a operating an "auto" hired or rented under a maximum of one hundred eighty (180) days following contract or agreement in that"employee's" name, the acquisition or formation of the business entity. with your permission, while performing duties This provision does not apply to any person or related to the conduct of your business. organization for which coverage is excluded by 2. Changes In General Conditions: endorsement. B. Employees As Insureds Paragraph 5.b. of the Other Insurance Con- dition in the BUSINESS AUTO CONDITIONS is The following is added to the SECTION II — deleted and replaced with the following: COVERED AUTOS LIABILITY COVERAGE, Para- graph A.1.Who Is An Insured Provision: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered Any"employee" of yours is an "insured"while using a "autos" you own: covered "auto" you don't own, hire or borrow in your (1) Any covered "auto" you lease, hire, rent business or your personal affairs. or borrow; and C. Blanket Additional Insured (2) Any covered "auto" hired or rented by The following is added to the SECTION II — your "employee" under a contract in that COVERED AUTOS LIABILITY COVERAGE, Para- individual "employee's" name, with your graph A.1.Who Is An Insured Provision: permission, while performing duties Any person or organization that you are required to related to the conduct of your business. include as an additional insured on this coverage form However, any"auto"that is leased, hired, in a contract or agreement that is executed by you rented or borrowed with a driver is not a before the"bodily injury" or"property damage" occurs covered "auto". is an "insured" for liability coverage, but only for F. Fellow Employee Coverage damages to which this insurance applies and only to SECTION II — COVERED AUTOS LIABILITY the extent that person or organization qualifies as an COVERAGE, Exclusion B.S. does not apply if you "insured" under the Who Is An Insured provision pp y contained in SECTION II — COVERED AUTOS have workers compensation insurance in-force LIABILITY COVERAGE. covering all of your employees. The insurance provided to the additional insured will G. Auto Loan Lease Gap Coverage be on a primary and non-contributory basis to the SECTION III — PHYSICAL DAMAGE COVERAGE, additional insured's own business auto coverage if C. Limit Of Insurance, is amended by the addition of you are required to do so in a contract or agreement the following: that is executed by you before the "bodily injury" or "property damage" occurs. In the event of a total"loss"to a covered"auto"shown in the Schedule of Declarations, we will pay any D. Blanket Waiver Of Subrogation unpaid amount due on the lease or loan for a covered "auto", less: The following is added to the SECTION IV — BUSI- 1. The amount paid under the PHYSICAL NESS AUTO CONDITIONS,A. Loss Conditions, 5. DAMAGE COVERAGE section of the policy; and Transfer Of Rights Of Recovery Against Others To Us: 2. Any: We waive any right of recovery we may have against a. Overdue lease/loan payments at the time of any person or organization to the extent required of the "loss"; you by a contract executed prior to any "accident" or "loss", provided that the"accident" or"loss" arises out PPA 300 03 13 Policy Number: PSB0008075 RL| Insurance Company Named Insured:West Yost&Associates. Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ 8TCAREFULLY. �� ��U U� �d��� PROFESSIONALS n�u~nn ������— n �rn� SCHEDULED �����U�Uo���U U�������� ����o�����U���� ���*n n�~�,��u~u~�� ADDITIONAL n�*nm��u~ nnm����n�u~�� ENDORSEMENT This endorsement modifies insurance provided under the following: 0US|NESS0VVNERSC0VERAGE FORM—SECTION || — LIABILITY Schedule Name ofPereon(e)or Organ izotion(e): 1. SECTION 88 C. Who Is An Insured is amended to primary boeie, or o primary and non-contributory include as on additional insured the person or boeie, this insurance is primary to other insurance organization shown in the schedule above, but only that is available to such additional insured which with respect to liability for "bodily injury". "property covers such additional insured oeonamed ineunud, damage" or "personal and advertising injury" and we will not ehonu with that other ineuronoe, caused in whole or in port by you or those acting on provided that: your behalf:� a. The "bodily injury" or "property damage" for a. In the performance of your ongoing operations; which coverage is sought occurs after you have b. In connection with premises owned byorrented entered into that contract oragreement; or to you; or b. The "personal and advertising injury" for which .. , coverage is sought arises out of on offense o |n connection with your work" and included ' .. committed after you have entered into that within the produo�oomp|eted operations hazard".. contract oragreement. 4. The following is added bu ����T8��N 888 8�.2 Transfer 2 The insurance provided to insured by ' this endorsement ie limited oefoUowe� of Rights of Recovery Against Others to 0s — � COMMON POLICY CONDITIONS (BUT a. This insurance does not apply tothe rendering APPLICABLE TO SECTION 8 — PROPERTY AND of or failure to render any "professional SECTION 88—LIABILITY) services". We waive any rights of recovery we may have b. This endorsement does not increase any of the against any person or organization because of limits of insurance stated in D. Liability And payments we make for "bodily injury". "property Medical Expenses Limits of Insurance. damage" or "personal and advertising injury" arising out of "your work" performed by you or on your 3 The is added bu ����T8��N 888 � 2 ���h�r ' ' ' ' behalf, under o contract or agreement with that Insurance — COMMON POLICY CONDITIONS person or organization. VVe waive these rights only (BUT APPLICABLE ONLY TO SECTION 88 — LIABILITY) where you have agreed to do so as partof o contract or agreement with such person or However, if you specifically agree in o contract or organization entered into byyou before the "bodily agreement that the insurance provided to on injury" or "property damage" occurs, or the "personal additional insured under this policy must apply on o and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PP031302 12 Page of WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 0403 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only tothe extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement ehoU be2Y6 of the California workers' compensation premium otherwise due on such remuneration. Schedule Person mrOrganization Job Description All persons or organizations that are party toa contract that Jobs performed for any person or organization that you requires you to obtain this agreement, provided you executed have agreed with ina written contract to provide this the contract before the loss. agreement. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent tn preparation nf the pnnovl Policy No. PSVV0005293 Endorsement No. Insured Insurance Company West Yost&Associates, Inc. RL| Insurance Company @1998 by the Workers'Compensation Insurance Rating Bureau of California.All rights reserved. Policy Number: PSE0004755 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® SCHEDULE OF UNDERLYING INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE FORM Item 4. of the declarations is amended to include: Type of Coverage Carrier Eff. Date Exp. Date Limits General Liability Occurrence $ 1,000,000 RLI Insurance 09/01/2024 09/01/2025 Aggregate $2,000,000 Company Only the Type of Coverage identified in this Schedule of Underlying Insurance by Carrier, policy number and applicable Limits are to be included. Employee Benefits Each Employee $1,000,000 Liability RLI Insurance 09/01/2024 09/01/2025 Aggregate $1,000,000 Company Only the Type of Coverage identified in this Schedule of Underlying Insurance by Carrier, policy number and applicable Limits are to be included. Employers' Liability Each Accident: Statutory Limits or$1,000,000 RLI Insurance 09/01/2024 09/01/2025 whichever is greater Company Disease Each Employee: Statutory Limits or Only the Type of $1,000,000 ,whichever is greater Coverage identified in Disease Policy Limit: Statutory Limits or this Schedule of $1,000,000 ,whichever is greater Underlying Insurance by Carrier, policy number and applicable Limits are to be included. Business Auto Liability RLI Insurance 09/01/2024 09/01/2025 Each Accident$1,000,000 Company Only the Type of Coverage identified in this Schedule of Underlying Insurance by Carrier, policy ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPU 110 04 23 Page 1 of 1