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HomeMy WebLinkAbout2023-044 PO 20230322- Earthworx LLC Purchase Order Wei CITY RECORDED Fiscal Year 2023 Page: 1 of: 1 it B City of Ashland " P L ;_ n IATTN: Accounts Payable Purchase L 20 E. Main 20230322 Ashland, OR 97520 , Order# T •Phone: 541/552-2010, O Email: payable@ashland.or.us ✓ S C/O Parks Department E EARTHWORX, LLCH Admin Office N PO BOX 1071 I 340 South Pioneer D P Ashland, OR 97520 O TALENT, OR 97540 T Phone: 541/488-5340 R O Fax: 541/488-5314 Q2_E•! s f-C' Michael Black[ Qr r d= dt�r litnnE�a `{ t�p� _ eta 1 3, 05/10/2023 7724 FOB ASHLAND OR/NET30 City Accounts Payable Building Wonder Climb Trail 1 Building a bail out trail on the Wonder Climb Trail 1.0 $10,000.00 $10,000.00 Goods and Services Agreement(Less than $35,000) Completion date: June 30, 2023 Project Account: ***************GL SUMMARY*************** 127000-604100 $10,000.00 J • • _ sa By: Dater 1 .IW Authorized Signatur� / T .10 000.00 , e(,(. _ 4 4401Fre .,.,...._ de._.--- - —7 - ,FORM #3CITY OF A request fora Purchase Order I—A/ q 'AS H LAN D REQUISITION ,_p 7 e � ,2-( arequest: 04/21/2023. Required date for delivery: 04/28/2023 Vendor Name Earthworx LLC Address,City,State,Zip PO Box 1071 Talent OR 97540 Contact Name&Telephone Number 5{41.690.4455 Email address soearthworx@gmail.com SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Invitation to Bid ❑ Emergency O Reason for exemption: Date approved by Council: ❑ 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 ❑ Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: ❑ State of Oregon ❑ Direct Award _(Attach copy of council communication) Contract# ❑ Verbal/Written bid(s)or proposal(s). ❑ Request for Qualifications(Public Works) ❑ State of Washington Date approved by Council: Contract# _(Attach copy of council communication) 0 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 5 Written quote or proposal attached Intergovernmental Agreement ❑ (3)Written bids&solicitation attac.-. 0 Form#4,Personal Services$5K to$75K Agency PERSONAL SERVICES Date approved by Council: ❑ Annual cost to City does not exceed$25,000. Greater than$5,000 an. -ss than$75,000 Valid until: _ _ (Date) Agreement approved by Legal and approved/signed by O Less than$3 ;i0,by direct appointment A Special Procurement City Administrator.AMC 2.50.070(4) O (3)Wri - pr,posals olicitation attached r■ Form#9,Request for Approval 0 Annual cost to City exceeds$25,000,Council ❑ F. • #4,Pe oral ices$5K tp$pK Written quote or proposal attached approval required.(Attach copy of council communication) Pd r#'O approved by Council: C, d Valid until: Date Descriptio of SES Building a bail out trail on the Wonder Climb trail TOTAL COST " . $ 10,000.00 Item# Quantity Unit Description of MATERIALS . Unit Price Total Cost • Per attached quote/proposal ._ TOTAL COST 10 Project Number Account Number 1 2 7 0 0 0. 6 0 4 1 0 0, $ /00� Account Number - Account Number - *Expenditure must be charged to the appropriate account numbers for the 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 c tracting.requirements have been satisfied. Employee: f ,eL Department Head: (Equal to or greater than$5,000) Department Manager/Supervisor: City Manager: (Great han$34006....i Funds appropriated for current fiscal year: YES / NO 1 (, finance Director-(Equal greater than$5,000) Dat Comments: Form#3-Requisition GOODS AND SERVICES AGREEMENT (LESS THAN $35,000) PROVIDER: Eartliworx LLC CITY OF PROVIDER'S CONTACT:Morgan Benbough ASHLAND 20 East Main Street ADDRESS: PO Box 1071 Talent OR 97540 Ashland,Oregon 97520 Telephone: 541/488-5587 PHONE: 541-690-4455 Fax: 541/488-6006 This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Earthworx LLC, (a domestic) ("hereinafter "Provider"),for building of a bail out trail for the Wonder Climb Trail. 1. PROVIDER'S OBLIGATIONS 1.1 Provide the labor and machinery to build and finish a bail out option for the Wonder Climb Trail as set forth in the"SUPPORTING DOCUMENTS"attached hereto and,by this reference,incorporated herein. Provider expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS, and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. The 'services defined and described in the"SUPPORTING DOCUMENTS"shall hereinafter be collectively • referred to as"Work." 1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Work received hereunder,a policy or policies of liability insurance including commercial 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 and Property Damage. 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability,and products/completed operations coverage; and • Automobile Liability;and • Workers'Compensation. 1.2.2 Each policy of such insurance shall be on an"occurrence"and not a"claims made"form,and shall: • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Work under this Agreement; • Apply to each named and additional named insured as though a separate policy had been issued to each,provided that the policy limits shall not be increased thereby; • Apply as primary coverage for each additionalnamed insured except to the extent that two or more such policies are intended to "layer" coverage and,taken together,they provide total coverage from the first dollar of liability; • Provider shall immediately notify the City of any change in insurance coverage Page 1 of 5: Goods and Services Agreement between the City of Ashland and Earthworx LLC • Provider shall supply an endorsement naming the City,its officers,employees and agents as additional insureds by the Effective Date of this Agreement; and • Be evidenced by a certificate or certificates of such insurance approved by the City. 1.3 Provider shall,at its own expense,maintain Worker's Compensation Insurance in compliance with ORS 656.017, which requires subject employers to provide workers' compensation coverage for all of its subject workers. 1.4 Provider 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 this Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes,rules and regulations. Further,Provider 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. 1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 1.6 Living Wage Requirements: If the amount of this Agreement is $24,050.68 or more, Provider 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. Provider is also required to post the notice attached hereto as"Exhibit A"predominantly in areas where it will be seen by all employees. 1.7 Assignment: Provider shall not assign this Agreement or subcontract any portion of the Work to be provided.hereunder without the prior written consent of the City. Any attempted assignment or subcontract without written consent of the City shall be void. Provider shall befully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them,and the approval by the City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and the City. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of $10,000 (ten thousand dollars) as provided herein as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. 2-2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of$10,000(ten thousand dollars)without express, written approval from the City official whose signature appears below,or such official's successor in office. Provider expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Provider further acknowledges that any Work delivered or expenses incurred without authorization as ;provided herein is done at Provider's own risk and as a volunteer without expectation of compensation or reimbursement. Page 2 of 5: Goods and Services Agreement between the City of Ashland and Earthworx LLC 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. • 3.2 Provider is an independent contractor and not an employee or agent of the City for any purpose. 3.3 Provider is not entitled to,and expressly waives all claims to City benefits such as health and disability • insurance,paid leave,and retirement. 3.4 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements,negotiations,and representations between the parties,. whether written or oral. 3.5 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. 3.6 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220,279B.230 and 279B.235. 3.7 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. '3.8 Provider shall defend,save,hold harmless and indemnify the City and its officers,employees and agents from and;against any and all claims, suits, actions, losses,damages,liabilities, costs, and expenses of any nature resulting from, arising out of, or relating to the activities of Provider or its officers, employees,contractors,or agents under this Agreement. _ 3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God,strikes,lockouts,accidents,or other events beyond the control of the other or the other's officers,employees or agents.. 3.10 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions,but such unenforceable provision shall be deemed - modified to the extent necessary to render it enforceable,preserving to the fullest extent permitted the intent of Provider and the City set forth in this Agreement. 3.11 Deliveries will be F.O.B destination.Provider shall pay all transportation and handling charges for the Goods.Provider is responsible and liable for loss or damage until final inspection and acceptance of the Goods by the City. Provider remains liable for latent defects,fraud,and warranties. 3.12 'The City may inspect and test the Goods. The City may reject non-conforming Goods and require Provider to correct them without charge or deliver them at a reduced price, as negotiated. If Provider does not cure any defects within a reasonable time, the City may reject the Goods and cancel this Page 3 of 5: Goods and Services Agreement between the City of Ashland and Earthworx LLC Agreement in whole or in part. This paragraph does not affect or limit the City's rights, including its rights under the Uniform Commercial Code,ORS Chapter 72(UCC). 3.13 Provider represents and warrants that the Goods are new, current, and fully warranted by the manufacturer. Delivered.Goods will comply with SUPPORTING DOCUMENTS and be free from defects in labor,material and manufacture.Provider shalltransfer all warranties to the City, 4. SUPPORTING DOCUMENTS 4.1 The following documents are, by this reference, expressly incorporated in this-Agreement, and are collectively referred to in this Agreement as the"SUPPORTING DOCUMENTS:" • The Provider's complete written proposal dated April 20,2023. 4.2 This Agreement and the SUPPORTING DOCUMENTS shall be construed to be mutually complimentary and supplementary wherever possible. In the event of a conflict which cannot be so resolved,the provisions of this Agreement itself shall control over any conflicting provisions in any of the SUPPORTING DOCUMENTS. In the event of conflict between provisions of two of the SUPPORTING DOCUMENTS,the several supporting documents shall be given precedence in the order listed in Article 4.1. 5. REMEDIES - 5.1 In the event Provider is in default of this Agreement, City may,at its option,pursue any or all of the remedies available to it under this Agreement and at law or in equity,including,but not limited to: 5.1.1 Termination of this Agreement, 5.1.2 Withholding all monies due for the Work that Providerhas failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively; 5.1.3 Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; " 5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent,and City may pursue anyremedy or remedies singly,collectively,'successively or in any order whatsoever. 5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or for anticipated profits. If previous amounts paid to Provider exceed the amount due,Provider shall pay immediately any excess to City upon written demand provided. - 6. TERM AND TERMINATION T 6.1 Term This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the "Effective Date"), and shall continue in full force and effect until June 30,2023, unless sooner - terminated as provided in Subsection 6.2. 6.2" Termination 62.1 The City and Provider may terminate this Agreement by mutual agreement at any time. , 6.2.2 The City may,upon not less than thirty(30)days' prior written notice,terminate this Agreement for any reason deemed appropriate in its sole discretion: 6.23 Either party may terminate this Agreement,with cause,by not less than fourteen(14)days'prior •written notice if the cause is not cured within that fourteen(14) day period alter written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. 7. NOTICE Page 4 of 5: Goods and Services Agreement between the City of Ashland and Earthworx LLC 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,or by mailing using registered or certified United States mail,return receipt requested,postage prepaid,to the address set forth below: If to the City: City of Ashland- Ashland Parks and Recreation Attn: Michael Black,Director 20 E.Math Street Ashland,Oregon 97520 Phone:(541)488-5340 With a copy to: City of Ashland—Legal Department 20 E.Main Street Ashland,OR 97520 - Phone:(541)488-5350 If to Provider: • Earthworx LLC _ Attn:Morgan Benbough PO Box 1071 Talent OR 97540 0 8. WAIVER OF BREACH One or more waivers or failures to object by either party to the other's breach of any provision,term,condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach,whether or not of the same nature. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the City that: 9.1.1 Provider 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 Provider;and (iii) Any rules,regulations,charter provisions,or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.1.2 Provider,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 Provider;and (iii) Any rules,regulations,charter provisions,or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, Page 5 of 5: Goods and.Services Agreement between the City of Ashland and Earthworx LLC any violation of Provider's warranty,as set forth in this Article 9,shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available,under this Agreement,at law,or in equity. 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., CITY OF ASHLAND:/ Earthworx LLC(PROVIDER): By: By: Signature �i'gnature Alt vin 4g4 A • '(`(10 an i Printed Name v Printed Name Title Title z3 12A,2D 3 D e Date (W-9 is to be submitted with this signed Agreement) A n. Purchase Order No. 67 A r t • Page 6 of 5: Goods and Services Agreement between the City of Ashland and Earthworx LLC EXIMITA CITY OF ASHLAND, OREGON -City of Ashland LIVING All_employers&scribed WAG E below must comply with City of Ashland laws regulating • .911 41 'iiswage_ $17.0•per hour,'effective June 30, 2022. -•The Living Wage is adjusted annually every raft June 30 by the Consumer Price Index.• . T Employees must be paid a portion of the business of of health care,retirement, 9 9 their employer,if the 401K,and IRS eligible Irvin wa e: employer has ten or more cafeteria plans(including employees,ar.4 has received child:are)benefits to:he For all hours worked under a financial assistance for the employee's amount of wages. service contract between their project or business from the City of Ashland over % Note: For temporary and employer and the City of A=.hiarid if the contract $24,1350.68; part-time employees;the exceeds$24,050.68 or more. Living Wagedoe~not apply r If their employer is the City of to the firs.`1C40 hours worked o For all hours worked in a Ashland,including the Parks in any calendar year. For month,if the employee and Recreation Department. . more details,please see Ashland Municipal Code spends 50%or more of the in calculating the living wage. Section 3.12021. employee time in that month• employers may add the value we€king on a prcject or For additional information: • • Call the Ashland City Manages office at 54 t488.6002 or write to the City Manager, City Hall,20 East Main Street.Ashland,OR 97520,or visit the City's website at vw►rw.ashland.or.us. Notice to Employers: This notice must be posted in areas where it can be seen by all employees. CITY OF ASHLAND Page 7 of 5: Goods and Services Agreement between the City of Ashland and Earthworx LLC EXCAVATION SERVICES Earthworx LLC PO Box 1071,Talent, OR. 97540 541.690.4455 soearthworx@gmail.com www.soearthworx.com Ashland Parks & Recreation/RVMBA 340 Pioneer St., Ashland, OR. 97520 Wonder Mountain Bike Trail Construction Proposal Please find our bid detailed below for the construction of lower Wonder mountain bike trail. Our bid includes final trail layout, all equipment, labor, and materials required to complete this trail. Scope of work: - Machine build lower Wonder bike trail (5,280'),with a finished width between 36"and 48"wide. - Include bail out option half way down to Wonder climb trail. - Supply and install (2) 12"culverts at 4 locations at the bottom of the trail. - Trail will be machine finished, raked, and mechanically compacted. Schedule of values: - Excavation and compaction equipment and trucking$27,760 - Labor$3,300 - Drainage materials$1,617.60 Project total: $32,677.60 Thank you for considering us for this project. Morgan Benbough Partner, Earthworx LLC 211111. Rv m B 0 ROGUE VALLEY MOUNTAIN BIKE ASSOCIATION Wonder Bailout Trail Construction Project • RVMBA will hire and manage Earthworx LLC to construct 5,280ft of new trail. • Total build cost is$32,677.60. • RVMBA assumes APRC to pay Earthworx LLC$10,000.00 directly. • RVMBA will pay the balance of$22,677.60 to Earthworx LLC. • RVMBA will have the community suggest trail names and vote as a board on finial trail name to be submitted to APRC for approval. ` 7 ® DATE(MMIDDIYYYY) '4 ® CERTIFICATE OF LIABILITY INSURANCE 4/20/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. , IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies).must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CNOME Cf SuzanneQuilter JMB Insurance Services Inc. (A/c°,No,Ext): (541)488-4014 FAX No): 700 Mistletoe Rd.Ste 204 ADDRESS: suzanne@jmb-ins.com INSURER(S)AFFORDING COVERAGE NAIC# Ashland OR 97520 INSURER A: Scottsdale Ins Co 41297J INSURED INSURER B: Artisan and Truckers Casualty Co 10194 Earthwotx LLC ,, INSURER C: Houston Casualty Company 259 ROCKFELLOW PL INSURER D: Navigators Insurance Company PO BOX 1071 INSURER E: TALENT OR 97540-9708 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 CONTRACTOR 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 AUULSULK - POLICY EFF POLICY bXP INSD WVD POLICY NUMBER- (MM/DD/YYYY) (MM/DD/YYYY) .LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE n OCCUR PREMISES(Ea occurrence) $ 50,000 MED EXP(Any one person) $ 5,000 A • Y Y RBS0083203 06/15/2022 06/15/2023 PERSONAL&ADV INJURY $ • 1,000,000 I GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2 00�000 (Ea accident) ANY AUTO - BODILY INJURY(Per person) $ B OWNED SCHEDULED AUTOS ONLY AUTOS 959806603 7/15/2022 7/15/2023 BODILY INJURY(Per accident) $ HIRED —NON-OWNED • PROPERTY DAMAGE $ AUTOS ONLY J AUTOS ONLY (Per accident) $ UMBRELLA LIAB _OCCUR -EACH OCCURRENCE $ 2,000,000 C EXCESS LIAB CLAIMS-MADE H22XP50959-00 7/15/2022 6/15/2023 AGGREGATE $ 2,000,000 DED RETENTION$ _ $ , WORKERS COMPENSATION . PER ER H AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? . (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under • DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Scheduled Equipment 325,940 D Inland Marine/Equipment 36-IM039660 5/10/2022 5/10/2023 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Ashland has been named as an additional insured. CERTIFICATE HOLDER CANCELLATION I - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE . THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Ashland ' ACCORDANCE WITH THE POLICY PROVISIONS. 20 E.Main Street AUTHORIZED REPRESENTATIVE I I Ashland OR 97520 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ' Underwritten by Scottsdale Insurance Company ENDORSEMENT NO. ATTACHED TO AND ENDORSEMENT EFFECTIVE DATE FORMING A PART OF (12:01 A.M.STANDARD TIME) NAMED INSURED AGENT NO. POLICY NUMBER RBS0083203 06/15/2022 Earthworx LLC 047BZ THIS.ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED—ONGOING OPERATIONS— OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations Any"additional insured" person, entity or Any location of"additional insured" person, entity or organization where work is performed by you if organization where work is performed by you if ongoing operations coverage is required by insured ongoing operations coverage is required by insured contract contract. SECTION II—WHO IS AN INSURED, is amended to include, for COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY, only, as an additional insured, the person, entity or organization des- ignated in this endorsement for whom the Named Insured is performing ongoing operations only when the V Named Insured has agreed with the person, entity or organization in an "insured contract" to name the person, entity or organization as an "additional insured." 1. Such person, entity or organization is only an "additional insured"with respect to liability for"bodi- ly injury" or "propertydamage" caused, in whole or in part, by the ongoing operations of the Named Insured performed for the"additional insured" at the designated location. 2. The "insured contract".must be currently in effect or become effective during the policy period, be executed prior to the "bodily injury" or "property damage" first happening and be between the Named Insured and the"additional insured." 3. This coverage does not apply to"bodily injury"or"property damage"after: a. "Your work"for the additional insured has been completed; or , b. That portion of"your work" out of which the "bodily injury" or "property damage" arises has been put to its intended use by any person or organization. 4. The applicable limit of our liability shall not be increased by the inclusion of the additional insured under the policy. 5. We shall have no duty to indemnify the additional insured for damages, claims or any other liabili- ties arising from actions, inactions, errors or omissions of the"additional insured." • SDS-41 (1-19) Page 1 of 2 � " • 6. Our duty to contractually indemnify the additional insured under an "insured contract" pursuant to this endorsement shall be limited to that sum derived by applying the percentage of fault of the Named Insured as determined by the trier the trier-of-fact to the total damage sum allocated by the trier-of-fact to the "additional insured." Under no circumstances shall we pay more than this proportionate contractual indemnity share required of the policyholder in the"insured contract." 7. Any contractual indemnity payments made on behalf of any additional insured under an "insured contract" shall reduce the applicable limits of insurance on a dollar for dollar basis. Any contrac- tual indemnity payments paid to or on behalf of the "additional insured" pursuant to this endorse- ment are subject to the terms, conditions and limitations of the policy. 8. This endorsement does not create a duty on our part to defend the additional insured or to partic- ipate in, contribute to, or reimburse any person, organization or entity for any fees or expenses incurred in the defense of the"additional insured." SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of the policy is amended to include: An additional insured under this endorsement shall in addition to complying with all provisions of the policy: 1. Give written notice to us of an occurrence or an offense which may result in a claim or"suit"with- in thirty(30)days of notice to the"additional insured." 2. Give written notice to us of a claim or"suit" brought against the "additional insured" within thirty (30)days of the additional insured being served with the claim or"suit." 3. Give written notice to any other insurer who has or may have coverage under its policy or policies for a claim, "suit" or demand for defense or indemnity within thirty (30) days of the "additional in- sured" being served with the claim, "suit" or demand for defense or indemnity. Such notice must demand the full coverage available under the policy. The"additional insured"will not take any ac- tion to waive or limit such other coverage available to it. 4. Obtain and provide to us copies of each and every policy from each and every insurer identified pursuant to the preceding paragraph. The followingis added to SECTION V—DEFINITIONS: ADDITIONAL INSURED "Additional insured" means any person or organization that the Named Insured has agreed in an "in- sured contract"to name as an "additional insured" and has been named or identified by description in an "additional insured" endorsement issued and attached to the policy. Coverage is afforded under this policy for an additional insured for Coverage A liability only. "Bodily injury" and "property damage" coverage is afforded to the "additional insured(s)" as provided in the insuring agreement and subject to all policy provisions, provided that the "bodily injury" or "property damage"also: 1. First takes place after the execution of the "insur,ed contract"; and 2. Arises from "your work" performed for the "additional insured"(s)during the policy period or arises from "your""ongoing operations." This endorsement is subject to all terms, conditions_and exclusions of the policy, which remain unchanged. 05/25/2022 AUTHORIZED REPRESENTATIVE DATE ]aJorxwtd4` SDS-41 (1-19) Page 2 of 2 • ENDORSEMENT SCOTTSbALE INSURANCE COMPANY® NO. ATTACHED TO AND ENDORSEMENT EFFECTIVE DATE FORMING A PART OF NAMED INSURED AGENT NO. (12:01 A.M.STANDARD TIME) POLICY NUMBER RBS0083203 06/15/2022 Earthworx LLC 047BZ THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: Designated Construction Project: Any person or organization against whom Any construction project performed by you for any subrogation is required to be waived by an person or organization against whom subrogation is "insured contract". required to be waived by an "insured contract". • • • SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer Of Rights Of Recovery Against Others To Us is deleted in its entirety and replaced by the following: 8. Transfer Of Rights Of Recovery Against Others To Us If any insured has rights to recover all or part of any payment we have made under the applicable Coverage Part,those rights are transferred to us. The insured must do nothing after loss to impair such rights. At our request, such insured will bring "suit" or transfer those rights to us and help us enforce them. We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for "bodily injury" or "property damage" arising out of "your work" done under an "insured contract" with that person or organization at the designated construction project. This waiver applies only if the designated construction project shown in the Schedule above is completed and only to the construction project designated in the above Schedule. All other terms, conditions and exclusions of the policy remain unchanged. 05/25/2022 AUTHORIZED REPRESENTATIVE DATE SDS-48(1-18) Page 1 of 1 • ENDORSEMENT SCOTTSDALE INSURANCE COMPANY® NO. ATTACHED TO AND ENDORSEMENT EFFECTIVE DATE FORMING A PART OF (7OR A.M.STANDARD TIME) NAMED INSURED AGENT NO. POLICY NUMBER RBS0083203 06/15/2022 Earthworx LLC 047BZ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED—ONGOING OPERATIONS—PRIMARY AND NON-CONTRIBUTORY—OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION II—WHO IS AN INSURED, is amended to include, for COVERAGES A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY,only, as an additional insured, the person, entity or organization designated in this endorsement for whom the Named Insured has performed operations only when the Named Insured has agreed with the person, entity or organization in an insured contract to name the per- son, entity or organization as an additional insured. 1. Such person, entity or organization is only an additional insured with respect to liability for"bodily • injury" or"property damage" caused, in whole or in part, by the ongoing operations of the Named Insured performed for the additional insured. 2. The "insured contract" must be currently in effect or become effective during the policy period, be executed prior to the "bodily injury"or "property damage" first happening and be between the Named Insured and the additional insured. 3. This coveragedoes not apply to"bodily injury"or"property damage"after: • a. "Your work"for the additional insuredhas been completed; or b. That portion of "your work" out of which the "bodily)injury" or "property damage"arises-has . been put to its intended use by any person or organization. 4. The applicable limit of our liability shall not be increased by the inclusion of the additional insured under the policy. 5. We shall have no duty to indemnify the additional insured for damages, claims or any other liabili- ties arising from actions, inactions, errors or omissions of the additional insured. 6. Our duty to contractually indemnify the additional insuredunder an "insured contract" shall be li • - mited to that sum derived by applying the percentage of fault of the Named Insured as deter- mined by the trier the trier-of-fact to the total damage sum allocated by the trier-of-fact to the additional insured. Under no circumstances shall we pay more than this proportionate contractual indemnity share. 7. Any contractual indemnity payments made on behalf of any additional insured under an "insured contract"shall reduce the applicable limits of insurance on a dollar for dollar basis. Any contractual indemnity payments are subject to the terms, conditions and limitations of the policy. SDS-55(1-18) Page 1 of 2 � 1 8. This endorsement does not create a duty on ourpart to defend the additional insuredor to partici- pate in, contribute to, or reimburse any person, organization or entity for any fees or expenses in- curred in the defense of the additional insured. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition 2. Insured's Duties In The Event Of Occurrence, Offense, Claim Or Suitof the policy is amended to include: An additional insuredunder this endorsement shall in addition to complying with all provisions of the policy: 1. Give written notice tous of an"occurrence"or an offense which may result in a claim or"suit"with- in thirty(30)days of notice to the additional insured. 2. Give written notice to us of a claim or"suit" brought against the additional insured within thirty(30) days of the additional insured being served with the claim or"suit". 3. Give written notice to any other insurer who has or may have coverage under its policy or policies for a claim,"suit" or demand for defense or indemnity within thirty (30) days of the additional in- sured being served with the claim,"suit"or demand for defense or indemnity.Such notice must demand the full coverage available under the policy.The additional insured will not take any ac- tion to waive or limit such other coverage available to it. 4. Obtain and provide to us copies of each and every policy from each and every insurer identified pursuant to the preceding paragraph. The coverage provided by this endorsement is primary and non-contributory and no insurance held or owned by the additional insured shall be called upon to cover damages under this policy up to the limits of this policy, but only if the "bodily injury"or"property damage" under this policy is caused directly, in whole or in part,from your ongoing operations performed for the additional insured. This endorsement is subject to all terms, conditions and exclusions of the policy, which remain unchanged. 05/25/2022 AUTHORIZED REPRESENTATIVE DATE SDS-55(1-18) Page 2 of 2