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Home My WebLink About2024-136 AGRMT- DSL Builders LLC CITY ASHLANDLA PART II - PUBLIC IMPROVEMENT CONTRACT FOR BOOSTER PUMP STATION IMPROVEMENTS PROJECT NO. 2021-13b This Public Improvement Contract (hereinafter"Contract") is entered into by and between the CITY OF ASHLAND, an Oregon municipal corporation(hereinafter"City"), and DSI RuifdPrs 1 LC (hereinafter"Contractor"). NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged,the parties mutually covenant and agree as follows: 1. PROJECT MANAGER: The City's Project Manager for this Contract is: Jason Strait,Project Manager 2. WORK: 2.1. The Work under this Contract is for the Booster Pump Station Improvements Project 2021- 13b more fully described in the Contract Documents listed in Section 5 of EXHIBIT A, STANDARD TERMS AND CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS. Contractor shall complete all Work as specified in the Contract Documents. 2.2. Contractor shall,at its own risk and expense,perform the Work described in the Contract Documents and furnish all permits, labor, tools, machinery,materials,transportation, equipment and services of all kinds required for, necessary for,or reasonable incidental to, performance of the Work,that is, the construction of the Booster Pump Station Improvements Project 2021-13b. Contractor shall secure all municipal, County, State,or Federal Permits or licenses including payment of permit fees, license fees,and royalties necessary for or incidental to the performance of the Work. The risk of loss for such Work shall not shift to the City until written acceptance of the Work by the City. 16 3. EFFECTIVE DATE,DURATION AND CON TRACT-11ME: This Contract i's effective as Of flee date ofmcnamn by the City (the "Effective Date"), All Work under this Contract shall,, unless otberwise ter inated or extended, tm complemd on or We Nhy 31` 026;iherm&ich date liq,uici,ii,ted,da,tita_gcssliilI apply, Asoutlin,cd nithe Bid, the Contractor agrees to OAK mid cornplcw this Comm uMer be MOM hum • 11-ic work shall camnwnce &Wo...............jO days after ihe City issocs a,wroum Notice to Procced(Wfl)physically or e4ectranically, • The works ho U be completed in aH respects no lawrthan May 31,2026 accordhig to the"final conrPlefion" ttrnisas outlined in Uiibit A,SecLion 22(b),. Liquidated daniages shall be$500 pci day for each and every diy,thatexceccls May 3 1",20,26, or the final arljkisted contract fitne. 'Fhis atnount is at genuirtc pre-estiniatiml of the damages, expected because of delay in the cumpletionof(hisprojoct 4. (7ONSIDERATION 4.1. Cij agrees tc) pay Qmmactor,at the times aticl in the matincr provided in die Contract DOCITIMmats, 111C sLIM, Of for pQrform,ing the Work required by this Corllr,act, �ncludm_vp '1110%vable expenses This sm,cannot be modified except by Change Mer approved in writing by the Cry, Any pmpvmjaYm,1C0b lo Clmfl,raetor ShAl bk� lilado ono hi memAmme with dw WHO and die requ aamcnlsu set tbrth in tfic StandardTznns and %Wom 4Z City ecrtifires thnl suffbient 100s 1mve bumi �,,ipproj,,Nrrmed to rnakc pnymcms rk:quircd by this COMIXI &Wmg 11'w cunear 11'scal yeak cQu act or unde�:Smrlds altcl z8rQQS.' 111,at Cnty's paymem ormuourms mdm LK Mum amiWabic to Work perknucd alWr the Ws, day of th cunvar Rsma L year is cmkgaa upon 0,appropriations, or Olhcrcxj�)cndilture mallority suf6eirm m Kim OW in the exemise of us rcasonoWe chscrctimr,, w contirwe to tnahe INlytTIMIS Under this Commm In than ment CRy has insufficient approptrations, hint(atitnls or officr expendittirc uUmij, Oty ttiay mminate this ConTract without:pcnalty or liabdity, to City, crfm6ve upon the ddivety of mminen notice to Untractor, with no fin-thd hah,ility to Common CONTRACTOR'S REPRESENTATIONS In order to indr.ice City to mer into (Ili's conlract, cont'ractor makes the following repmentaboux T L Cannuctor has examined and comMy Med We Contract Dactrmznts, and any data and reference items, identified, 4r the Contract MvUmCftts. SM Contram has Wited the Saacondtacted a thoroagh, alcrt visual, examinatioll of the Site and a4jacent arm, and becortte famiUm Wit and is satisried as to the gpicral, loc.11, nnd Site candbons that amy olUct cost, progress, and performance of(he Work. 53. Contractor is fiandiar with and is satisfiodxs to all laws and ragulations that may rat Tict cost, progress, and performance of the Workd. 5.4® Contractof has carefidly studied all dmwingq of FQlal canWhons relating to msting surtacc Or Subsurface sisuctaves at Te S4e that ti,ove bee,n idmitified or provided in the project bid documents especially with respect to Technical Data in such reports and drawings, and reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the project bid documents, especially with respect to Technical Data in such reports and drawings. 5.5. Contractor has considered the information known to Contractor itself, information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents,with respect to the effect of such information, observations, and documents on(1)the cost,progress,and performance of the Work; (2)the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3)Contractor's safety precautions and programs. 5.6. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies,or data are necessary for the performance of the Work at the Contract Price,within the Contract Times, and in accordance with the other terms and conditions of the Contract. 5.7. Contractor is aware of the general nature of work to be performed by City and others at the Site that relates to the Work as indicated in the Contract Documents. 5.8. Contractor has given City written notice of all conflicts,errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents,and the written resolution thereof by City is acceptable to Contractor. 5.9. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5.10.Contractor represents it has the proper asbestos certifications to complete the floor removal part of the project. 6. Governing Law The provisions of this Contract shall be construed in accordance with the laws of the State of Oregon. Any action or suits involving any question arising under this contract must be brought in the appropriate court in Jackson County, Oregon. If the claim must be brought in a federal forum, then it shall be brought and conducted in the United States District Court for the District of Oregon. Contractor, by the signature herein of its authorized representative,hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver of the City of any form of defense or immunity. i CONTRACTOR DATA, CERTIFICATION, AND SIGNATURE Business Name (please print): PSL Contact Name: ,-� MA cz9-0 Phone: S;03 -3 ca.3- ®2coZ Fax: S03 -371-5-33 7 Address 19 1-1/V6- S+ c-, SA(-6-1 730I Do Not Write Federal and State Tax II)Numbers on this Agreement: One copy of W-9 is to be submitted with the signed contract to be kept on file in the City of Ashland Finance Department. Ashland Business License# g tyc��Construction Contractors Board # Bz Citizenship: Nonresident alien Yes �0 No Business Designation check one): Individual Sole Proprietorship Partnership Corporatio Government/Nonprofit The above information must be provided prior to contract approval. ,Payment information will be reported to the Internal Revenue Service(IRS) under the name and taxpayer I.D. number provided above. (See IRS 1099 for additional instructions regarding= taxpayer II) numbers.) Information not matching IRS records could subject you to 31 percent bacl<ap withholding. 1, the Undersigned, understand that the Standard Terms and Conditions For Public Improvement Contracts (Exhibit A) together with Exhibits B through O together with all other Contract Documents as described in Standard Terms and Conditions Section 5 below, and the separately bound Oregon 2021 Standard Specifications for Construction, as amended by the City of Ashland's most recent Addenda to the 2021 Standard Specifications are an integral part of this contract and agree to perform the work described in the Contract Documents, including Exhibit A, in accordance with the terms and conditions of this contract. I further understand the City is prohibited from entering into a contract when the contractor has neglected or refused to file any return,pay any tax, or properly contest a tax, pursuant to ORS 305.385, I hereby certify,under penalty of perjury and false swearing, that I/my business am/is not in violation of any Oregon tax laws; I further certify that the certification and representations in Standard Term and Condition 9 16 [CCB Registration Requirements] are true and correct, and further I certify that I am an independent contractor as defined in ORS 670.600. CONTRACTOR: nature/Title \Irc- t�(1�3soS,v / �viSS "C6 Ski Printed naive /-Z 2 Zv2. Date NOTICE TO CONTRACTOR: This contract does not bind the City ofAshland unless and until it has been executed by the Public Contracting Officer or designee. CITY OF ASHLAND SIGNATURE CITY: City Manager, City of Ashland 11/25/2024 Date ATTACHMENTS: Certificate of Representation Bid Schedule Exhibits A through N Special Provisions 2Q CERTIFICATE OF REPRESENTATION Contractor, under penalty of perjury, certifies that: (a) The number shown on this form is its correct taxpayer ID(or is waiting for the number to be issued to it); and (b) Contractor 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 (1i0the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, sliall be a valid and binding obligation of Contractor enforceable in accordance with its terns, and (c) The work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent contractor as defined in the contract doCunlCnls, and has checked form-or more of the 1i011owing criteria: (1) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my 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) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. ntractor f4 21 PART III - EXHIBITS 22 EXHtBJT A,: STAND ARDTE 'MS AND ("'ONDITIONS FOR P(JBL1.0 IMPROVEMEN'T CONTRA( TS ......................... Cantractoris Intlepentlent Coutt-actor an. contractol. $Ila] perf'ortui the work rCqUJred by this CooLuld 119 AA oidepenclent contractor, b. The Contractur represclUs and warrittits iliat Cootiactor (i) is "Ot CUVrendy all empic)Yce offlic lederal governivient or dic State of Orcgon, and (ii) vlaccis the specific independcM contrulor standards or ORS, 670.600, as cortified on tire Independent Contsactor Certification Suateillen't, atlachcd as Exhi,bit 0. Cr Will be resPojj%ib,tc ror any Federat or sunic taxes applicable to ally conilwils"Zool') Or payment paidli ru,Contractor under this,contlina (1, Contractor is not cl uible lbr any 1'bdcril Sociril Security, rein cinployinent u1stra I 11CC, SWIG PLIWIC EmployeQ,i' Rctircuicut, Systeni, or woukus' couripoisaatioj) berrel"its, frow, Compensation cw paymcntsto Contractor under this'Coll 1.11'rIAC11111 Subviroirtrads and Assigunictit Conlracu'u dtafi nol 5ubeontracl any o0ho Nvork requited 1,)y or "sCH,ch'-spow of,or it-Oasl"cl, xly ,c)'J, w" irlwrask ics Ou"', �()lluxacl� nor detega"ic CIU14CS Linclei thc cwitmcli, cidwl, in v0iolk: cir w vart, wOihow th, pnor %w601.cll ccwNcW, (d' lira City Such conscail d' provi�(14�d rflhnfl iicA rehcNc d,Ihc (optP awwf ot'anv of,0% td,+'galriolls, k1ruici the cotloacl. Any oi tvaw.,rel cc sh'afl i"%� consulcled 111C agcal,of lhe C00hJcwl,alid U,-,boLvid w,ablde by a ptot isiorl's,clf'Otc collo act, llfflw 0jY c;Qrl$cllls lo '111 disposal ov ttansl'cr col' the ( oatractor's vighus Or c1ccgalion ot, CorsilracLor's, dUl,teS, d1C(.'Mliractcr and its Surcty, lfany, ShZill 1-Csilalln k,1111C l(l tlIC ('iLy felt C+rMlrplele pe rrof I lia lice u C lire Con I'l ad,,OLN i 1)[10 SUCh 115"'i gJI rl'I'vi It. wade"disposa 1, traasfer,gat cl&gal ion Nid occ irred LLnlC$$ the City ooict-wise agreos,in writing. JOAR 137049AJ2(KJ(2)j Use of Subcon;tractors, unaterial sulitlhers or equipment, suppliers shall inno way rcdcasc Contractor 0JL Ckj -ovidc '11 11,11. SUbC0.114,11ict it�,xecnre nt s dual,froni any abligaLions, ntract wtth C4y, Contractor will pt I the Subcontracror,nialcriat supplicr and equipaient supplier will be bOUnd by the tcrins and conditions trf lhl s Contract 10 dIC Went 012t they relaw to dic Sub,contractor's work, inatcriat or cquipm,ent. All Subcontracts are assigniable to the City at City's opiton, In the event this agreenient is teralinatc(l 6or du',I'ault orcontraclor. Co,irtractor covcnants anted agrees to bind airy and,all subcontractors for perfminance of work under this Contract in dic same, inannu Contractor is butuld t.0 City, Contractor furthel agrecs Ehat jr subcontractors aic eniployed" M the perforniarice of this contract, the Colurackor and its sulnontraclors are subicot lo the requIrcments and sanctimj or OR Chapter 00, Workers' Conlpensifiorl 1. No Thiid-Parly Beneficiall-ics City and Contractor are [lie only parties to this ('011MIC1, and are the only lial,tics ctitil.led to enrcirce its wrns NothIng In this Contract,gives or pro,viclos any bcnefit or riglit, whvilict dircedy, indirectly, or otherwisc, to third PMOnS LMICss, such third pen tarns are individually identified by rianic lea cin an4 expressly d CSCII_lbed Its intorlded bencriciarics oftht terms ofthis Coutract, 4. Successors in Interest The provisions of this Contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and approved assigns, if any. 5. Contract Documents The Contract Documents,which comprise the entire Contract between the City and.Contractor,include all sections or parts of the bid package however denominated, including all documents and plans attached or referenced therein, the Notice to Contractors - Invitation to Bid, Offer, First-Tier Subcontractors Disclosure Form,Surety Bond,Public Improvement Contract,Contract Standard Terms and Conditions and Exhibits thereto, Performance Bond, Payment Bond, Special Provisions, Plans, Construction Drawings, Standard Drawings, and Contract Addendums, all attached hereto, and incorporated herein by this reference,together with the Prevailing Wage(BOLD if applicable AND any other separately bound reference, Oregon 2021 Standard Specifications for Construction, and City of Ashland Addenda, incorporated herein by this reference. All exhibits, schedules and lists attached to the Contract Documents,or delivered pursuant to the Contract Documents,or otherwise available from the City, shall be deemed a part of the Contract Documents and incorporated herein, where applicable, as if fully set forth herein. 6. Contractor's Representations By executing this contract, the Contractor hereby certifies that the representations made by the Contractor in the Contract Documents, including specifically the Offer, are true and correct and are incorporated herein by this reference. Contractor further certifies that Contractor has given the City written notice of conflicts, errors, ainbiguities, or discrepancies that it has discovered in the Contract Documents, and the written resolution thereof by the City is acceptable to the Contractor, and the Contract Documents are generally sufficient to indicate and convey understanding of terms and conditions for performing and furnishing the project work. 7. Drug Testing [ORS 279C.505(2)] a. Contractor shall certify to the City that it has a drug-testing program in place for all its employees that includes,at a minimum,the following: i. A written employee drug-testing policy, ii. Required drug testing for all new Subject Employees or alternatively, required testing of all Subject Employees every 12 months on a random selection basis,and iii. Required testing of a Subject Employee when the Contractor has reasonable cause to believe the Subject Employee is under the influence of drugs. b. A drug-testing program that meets the above requirements will be deemed a"Qualifying Employee Drug-testing Program."For the purposes of this section,an employee is a"Subject Employee"only if that employee will be working on the Public Improvement project job site. c. By executing and returning this contract the Contractor certifies,represents and warrants to the City that a Qualifying Employee Drug-testing Program is in place at the time of execution,will continue in full force and effect for the duration of this contract, and that Contractor will comply with the provisions of subsection (d) below. Further, the City's performance obligation (which includes, 24 widtoW fiarkation, Ow City s oWigatimi a) makv payrnuit) is caaratu,ta eaton, Controctor's compliance with this reptesenunioo,and warranty, d, Contractor%AkvWhv ewh sAcemractor provArig,labor for tIie pi-qject Lon� i Dernonsumte Le the Contractor that H Ws a QuWif`ying Ernployce Drug-testing Prograrn for the su bcontracl or's SUdec! Employees, and repro cats and, warram m be CoMmclor Im the (AMUNNg EmNoyee Dru g--tesUng Para mmis in Ace at A tunic of subcon trod C XCC Utionand unil caimins in RjH [but nod enact for the duration of the subcontract, or ii- Recybre Out he subconuactor's Subjui Employees juridthpaw in Me ComiummA(NaMyng Empoycc Drug-testing Rrogram for the d'uralion of the sobcorriract, K Notice to Procced Written Notice to Proceed will lac given by tile ('u[YL aftet, the, Contract has been exemmed and the Pm1brivronce Bond,Payincirt Bond,and,vill requirQd irmusamedo"racras appmvvd. NolkeTo Prmwed S1,111]1110L hC u ii rca.w n ably delayed and shall generAy-occur SthIn thirty�(30),days of fliecontract date, Rmamuble delay nviy be occtisioncd by the aced to Obtain occcswry or wihty mimanon. vic Contractor AWI cmurnence the pruqcel work wkkn wn (10) dym or the dwz of Te wArt Nwkc To Proceed,Coriiracror is riot to rromuicnco xvo&ondcrthe(,Ono-acl Prior to'Alch vVI-Au"n noom Sus'pelision, ol"shv nio 01y, and itq, acalhrkod rrpmentmi Vey rony �wj,wlld [morliona or ,fll (fl,tile P1 P�eci work duo it) CMU,��,'S i3k:410M,61, blit WA, 11111ilt:d toe� A—Fa&HC UNIC CURARICtOlt U1 CCHCL't UH5a11'C Condi6ori�s, la Fai4tire ol'thc Comm io carry wort anyprovisron 01"111c 0-mumm c. Fauiin"c cur tiro coorractor to carry out ordl�rs., to Condaions, in A opinimnort1w City, which are unstataNe for performing dw prqject work� t Allowance of orate mqWmd to inves6gaw,&6tring site conditiooa,Is, E Any rcilsoll con,MderW to be 6,1 (lie public nitcrcst, 'Fho writract tiviv Al not he extended, not will the Conumor be entitled ic) any additioroal corapmadon if the work is suspended pursuant to m6sudoris W), (b) or (cy If die prvifect wodc is SMPMACI PLU%uana U)subsection(0, the CokltraCk)r is etr(ifled to a reasonable extension of the convact I rnre and comperisation for A verAd mMs witting froul'Olic Suspension plus;'l maswilble allawance, ror overhead with respect to such cmsts. Amumemr shall nm be paid an amomi of bm of anincipand pw5m or revowe Or other economic loss arising 0111 of Or resulting from such [Crinination. The W90ing PnKS1011,COD cetaing cornpensation in the event of a suspension of'Work oftifis contract shall not apply if urch suspension occurs as a mukof the Cauvactoes violatiou of nay Fedwal, Suite, or Local simutes, m0nances, rules or regulations, or as a result, or ony viWallon by the Antractor of Oie tents of this conum, induclNg a determination by the City that the("ontracror has not pro rased satisfactorily with Lire Work in accordance with specitications, 10. Early Termination a. The City and the Contractor,by mutual written agreement,may terminate this Contract at any time. b. The City, on 30 days written notice to the Contractor, may terminate this Contract for any reason deemed appropriate in its sole discretion. c. The City may terminate this contract, in whole or in part,at any time for any reason considered by the City,in the exercise of its sole discretion,to be in the public interest. The City will provide the Contractor, and the Contractor's surety, seven (7) days prior written notice of a termination for public convenience. d. Either the City or the Contractor may terminate this Contract in the event of a breach of the Contract by the other. Prior to such termination,however,the party seeking the termination shall give to the other party written notice of the breach and of the party's intent to terminate. If the Party has not entirely cured the breach within 15 days of the notice,then the party giving the notice may terminate the Contract at any time thereafter by giving a written notice of termination. 11. Payment on Early Termination a. If this contract is terminated under 10(a), (b), or (c), the City shall pay the Contractor for work performed in accordance with the Contract prior to the termination date. b. If this contract is terminated under 10(d), by the Contractor due to a breach by the City, then the City shall pay the Contractor as provided in subsection(a)of this section. c. If this contract is terminated under 10(d), by the City due to a breach by the Contractor, then the City shall pay the Contractor as provided in subsection(a)of this section,subject to set off of excess costs, as provided for in section 12,Remedies. 12. Remedies In the event of termination under 10(d), by the City due to a breach by the Contractor, then the City may complete the work either itself,by agreement with another contractor,or by a combination thereof. In the event the cost of completing the work exceeds the remaining unpaid balance of the total compensation provided under this contract, then the Contractor shall pay to the City the amount of the reasonable excess. After notice of termination under paragraph 10(c), the Contractor and the Contractor's surety shall provide the City with immediate and peaceful possession of the Project site and premises, and materials located on and off the Project site and premises for which the Contractor received progress payment. In no circumstances shall Contractor be entitled to lost profits due to termination. The remedies provided to the City under section 10 through 12 for a breach by the Contractor shall not be exclusive. The City also shall be entitled to any other equitable and legal remedies that are available. In the event of breach of this Contract by the City, then the Contractor's remedy shall be limited to termination of the Contract and receipt of payment as provided in section 11(b). 13. Access to Records Contractor shall maintain,and the City and its authorized representatives shall have access to all books, documents, papers and records of Contractor which relate to this contract for the purpose of making 26 audii,examination, excerpts, and traviscripts for a,perood of flirce ycars afivr final pa meet, copres of applik4iblc records shall be inade availablc Lupon request. PaymcW for cost Ofeoj�ics is rermbursahle by tile ("ity, 14, OvOrmhip of Work ,,,,kJ[l work products of the Contractor diat re-suh from thIS tflfflraeL iftCludillg bUL not limited to backgTOUnd daia,dommientanon and stal"Nork that is prclimiriar,y lo fituil rvports, are (he property(.)I" City, Draft documents,and preliminary work submi(ted to, the City for mvilm and commem shalt oot 16c consider d as ow ned. usedi or r-cizined by Ole City umil the rivial docunient rs submil(edr riae city sivau own all propria[ary rights, including but nol fimitied to copyrights,trade secrets,patents, and all other intellectual orotherproperty rlghts raimaid to soch.%tork products. Pre-existing, trade r' crms, of the Cowractcr Omit be noted as SkIeN ar"Id Shall not he considered as, a wnrk product of this contract. All such work products shall be considered "works rmide flor hire"u,nder the,provision-s of the United Suatei Copyright Act aud all Othel'tq,UiValCrIt laws, Use of any work product of the Contractor by flic "at y 11CA MY Purpose ather thatl the rase intended by 9his cowract is at (lie r4 of Ilrc C ty U,,sc ofany work product by Coriltacun, is, praltibited without tile yvrntcri consetil of the City, AII docun-mits or o1her iu,awn'als submittmi to Cily by Contractot 01jull becoivic (lit: solic and cxchtsive properly, orctty" such matcrhds are sub'14�cl w Oic�4on Public Records haws, 15. Corlivilanvc m61h Applicaldc Law ('01oraclor curljfieu;� 'and shall comply and reclumc rfli %vfth all rcdcrnL su'lw' md k-)Ca11 and oolluagwvs 1W I 4ulllf' , '.pocillcnHy ("ltY of Ashland ai'Jd Stato O�4' ucyon Puhhc Ll' contracting inc luctingwWwO hni1w11un()R$ Juver 279A, ORS Chaplet 279B. ORS Otipivir 279(', (,,),R.S 279(`500 thn',nigh 279C,670, and spc6[1cM]y ORS 279A,1,-10( ), QRS, 279C5 1 5, ORS 27"('r52", ORS )19(',5 W, OR 27"X" 830 and ORS,279C,580 as set rorth on Exhibit B, aftAched berela and made a Itaft hereoft)y this P-cfet-ctive 111 Qddl6on'the Provisions,Of ORS 279C.361i,ORS 2179(365(4), ajj&oRrS 2,79C170(Bid,Documenis and Disclosure),; ORS 279,A,010(p), 2,79A,,1.24), 279C,37,5,, jtW 27917.7,381114), ( and or Centilacl and Sond)-.ORS,279A,I 10(PrcAiibition on Discrimination in Subconti-wing),ORS 279C.585(Substitution rim-tief Subcontractor), ORS 279C,65b to 279C,670(Termination); ORS 279C.520, OR, 279C�540' 279C.545 (14ouis); OR 279(,.800 to 2'79C.870 (Oregon, Prevailing Wage Law), if apphQabJc1 ORS 279C.550 'to 279C.565 (Retailirage), ORS 279CA570 (Payntejju)� and ORS 279C,600 to 279U-P25 tRon&) ORS 279A, 1.115 (Rocyclable Products) arc all incorporated into this contract by this r6crence Without kiniting,the forlegoing',,ContractorcKprcssly agrees,toconiply with: army rrequirements oftkc DAVIS BACON ACT(40 U�S�(-3142atul app,kcable Davis-B=oo RcIaLed Acts, (4) Title V1 of itlic Ovil Rights Act of 1964, (6i) Section Vor theRchabitit.ation Act, of 1973., (uY) the Anicricans widt DisabdilJcs Act of 1990„ M OR 659AJ42, NO all regulations and adn,iiiiistrative rulzs esuiblished put'suant m those laws; and,(vii) ,all othcr applicable rcquifenicnis of rederal and state'civil rights, and reltabilhLafian SUILLIcs, rules and reouladons. In addifiorl, Contractor cxprcssly alp recs to comply With all federal and suate tax laws. A condition or clause roqk'rlired by low' +o be in ihrs comract sliall be considered included and ineorpor',Wd into LhC Contract and immade a pan hereof by these references, 16. Registration witb Construction Contractoir"s Bnord The Contractor, lier6y,certifies that the,Contractor is licensed with the Construction Conwactors Board or licensed by the State Landscape Contractor's Board on accordance with ORS '7011,035 to 701,05-5 and, ftirther,that all subcontractors performing work as described in RS 701.005117)(iix,,con,structioin, work) will be licensed with the Construction Contractors Board or ficerised by the State Landscape Contrutar's Board iii accordance with ORS 701.035 to 701.055 before the subeontradors commence work under the contract. 11, Prevailinig Wagesi'BOLJ Fee a. Contractor shall certify in the Contract and it shall be a eondition of the bond,as provided in,ORS 279CM0 through 279C.870, that in performing this Contract,Coatractor-will pay and cause to be paid not less than the revailing rate of wages as of the date of the PLIblic Notice,per hour,per day, and per week for and to each and cvciy worker who may be employed in and about the performance of the Contract,, In accordance with ORS 2,79C,838, each worker in, each trade or occupation employed in theperfonvaiwe of the Coviracicitlier by Contractor, subcontractor or other person doing or contraefing to do or contracting for the whole or any part of the work on,the Contract shall be paid not less than, the applicable state or federal prevailing rate of wage, whichever Is higher, Copies ofthe current BOLI prevailing wage schedule and federal wage rate schedule,if applicable, can be found at the following website. i1v1vS"8WWW'gr T0111'Q0'vN _ig CK )lo"L, � When both federal and state, Prevailing wages are rcquired to be included, in the contract specifications, the City shall also include in the specifications, inforimabon showing witich prevailing rate of wage, is higher for workers in each trade or occupation in each locality, is determined by the Commissioner of the Bureau ofLaborand Industries,under OR 279C.815(2)('c), b. Contractor shall be, bound by,and shall fully comply wit1i ORS 279C.800 to 279CA70, Oregon's Prevailing Wage Law. CONTRACTOR AGREES TO, BE BOUND BY AND WILL COMPLY WITH PROVISIONS OF ORS 279C.840., Pursuant to OM 279,C 830(t), the existing prevailing rate of wage that may be paid to workers, in each trade or occupation required, in the foci of a BOLI document, is included, in the contract and bid documents and made a part hexcof by this reference. For public works for which the contract price is $50,000 or more. all workers shall be paid nottess than such spectficd rninimura hourly rate of wage, [ORS,279C.,,830([),j c. The City of Asbtand shall pay the fee to the Corni-aissioner of the flureau of Labor and Industries pursuant to the admarlistrative rule of the commissioner and,as provided in ORS 279C,825(l)�, The fee shall be,paldi o�n or hef6rer the first progress payrnerit or 6O days from the chite wor first begins on die Contract, or as ollterwisic provided by administrative rude,whichever is(lie earliest date, The :fee is payable: to the Bureau of Labor and Industries, Wage and Hour Division Prevailing W,agc Unit 800 N-E.Oregon Street,032 PorflandOregon 97232. d, Contractor and soine,subcontractors shall also file with the Constniction Contractors Board a public Works bond with a,corporate surety authon,zed to do business Ln this state in the arnotint of$30,000 as required by OR 2719C.836 and shall cause all subcontractors to, do the sarne prior to starting work on the project,[ORS 2791C,831)(2)]The bond naust provide that the contractor or subewaractor will Pay ClAinIS ordered by the Bureau of Labor and Industries to workers perforining labor upon public, works proilects, The bond must be a continuing obligation, and,the surety's liability for the aggregate of claiins that inay be payable fTorn the bond may not exceed,the pcaal suin of the bond,, The bond must reinain,in effect continuously uni'll depleted by,claims paid,under this section,unless .........................I.......... .................. 2N the surciy sootiercamek We WAMontramor shall verd'y diat sribcon(racturs haveconlphOd with Ibis requirenicon prior to pernii1fing, the to,start work 0,11 the propect, a I r the Ammet is, 1`6'r a, 1.)ublic work and tic. Contract price is $50,000 or more, Contractor shall supply and file,anhew6w every Subcootractor tan,supplyandl fitc,with the 0ty and rich the Wage and HourDivisiort.,lWav of Laborand lodustrics(BOIJ),800 NE Oregon 02,Portland, Oregon 97232 a certified smictincra.in%viiiing thatconforms to (lac, requirenicrits of QRS ,2279 845, is. Hop n a r La bo r P01yedi rne firnitation I ORS 279C,5 2 1,111 ORS 279C.540] 1 OR S YNC 545 P Lirsua n i to ORS 279C 520�, no person may be crnplayed Ir m ore than 10 hoors i ri any onz day,or 44) hULIFS ill any one week,except in cases or necessity, ern erge or whan the public policy abSOILROY rogwres at,and to atch ceases,cusp t in cases of contracks liar personal serviers, [lie, eniployee shall be paid at least unic anda haff Pay� (I l For all overlitne in excess orollit Wars in any one day or 40,hours in iny one week when die work week is live consecutive days.Monday throtigh Friday, or. (2) For al I overtirric in excess of 111 Sam in any one day, or 40 ho,urs Pn any one Nveek when Me work, wcck is fmia consecUtive days, Mcmday auxxigii rriciny, and 01 For all work ptAnned on Saiuday and on any Icqal hofiday speci,ficd 61 ORS jj,"g,.jjjni,n!+, ind riegoticiled It a give irwo,t[% ri-ray provider C'' CC11trofiS 1't) tpje ol'mires "Celion Ard Iroal ("WS 271)(",520 an,l ()R,S271)(' 540 (d) Wien labor is oJoyed by dic CAY diraigh mul'ther an a Cothrador, any %volkel i:vIplqYQd 11, the omitrawof shah be Parmlosed Ifurn the NO to CON0 N" my cwWme pm;Wd in OR 2 7 90 5 4 11 t n 0 ess a e 1!a 11111 tbi pi cuinpidion oNte cordmo.pod&ing At cawWm Am (1) Clused as circuir cleady prmwd I boldfaced Uvula type Cont aird as c(I)y (If dais seinkm io be posted ern as prominent placc alongside the chor oft lie 6mckcqper-'5 office: or rn a sinidar place At 1 wally avadable and Ardly vKh to work as eiriomyed an the work, (2) WhiWincd the circular continxio ,rosly posted froni the inception to the completion of the CmAlAct OR which warkets am WAve bma ariploycd, (e) Al or belbre to onrnmenemminit Of work, the Contrac( r sbWl give notice in wrihng bo ernNoyms or ly pwal or we munibuy of bonus and days per uvok die aruployces may be, required to work, 1279C,520(2),(5)l 19. Medical Care and Worker,%Compensation JORS 279C5301 (11 Pursttarii to ORS shall proniptiy, as dare, make paynient to any person, co-partnorship, association or corporation Imrshing tnedwzd, SUrgical and hosol,al cuo servVes or other needed care and attentro, inciden"o sickness or iqiury, to Ible eniployces of the contractorn. of all surnis, di at tha carimmor agates to pay ifor Me sci-viccs and A moneys and Sunis that the contractor collcicted or deducted!!out the wages olImployces urider any law,cotaradot agreernwit, for he pwpose of providing or paying for the scl-viccs, (2) Pursuant to ORS 279C.530(2), All employers, including Contractor, that employ subject workers who work under this contract in the State of Oregon shall comply with ORS 656.017 and provide the required Workers Compensation coverage unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of its subcontractors complies with these requirements. 20. Retainage The withholding of retainage by a contractor or subcontractor on public improvement contracts shall be in accordance with ORS 701.420. [ORS 279C.555] "Retainage"means the difference between the amount earned by a contractor on a public improvement contract and the amount paid on the contract by the City. [ORS 279C.550] Moneys retained by a contracting agency under ORS 279C.570(7) shall either be:(a)retained in a fund by the City and paid to the contractor in accordance with ORS 279C.570; or(b)At the election of the contractor,paid to the contractor in accordance with the two options below: • The contractor may deposit bonds, securities, or other instruments with the City or in any bank or trust company to be held in lieu of the cash retainage for the benefit of the contracting agency. In such event the City shall reduce the retainage in an amount equal to the value of the bonds, securities or instruments. and pay the amount of the reduction to the contractor in accordance with ORS 279C.570. Interest on the bonds or securities shall accrue to the contractor. {ors • If the contractor elects, the City shall deposit the retainage, as accumulated, in an interest-bearing account in a bank, savings bank, trust company or savings association for the benefit of the City. Earnings on the account shall accrue to the contractor. If the contracting agency incurs additional costs as a result of the exercise of the options in ORS 279C.560(1) or (5), the City may recover such costs from the contractor by reduction of the final payment. As work on the contract progresses, the contracting agency shall, upon demand, inform the contractor of all accrued costs. Bonds and securities deposited or acquired in lieu of retainage, as permitted above, shall be of a character approved by the City Attorney and City Finance Director, including but not limited to: a. Bills, certificates,notes or bonds of the United States. b. Other obligations of the United States or its agencies. c. Obligations of any corporation wholly owned by the federal government. d. Indebtedness of the Federal National Mortgage Association. e. General obligation Bond of the State of Oregon or a political subdivision thereof. Unless the City finds that accepting a bond or instrument poses an extraordinary risk that is not typically associated with such bond or instrument,the contractor may deposit a surety bond for all or any portion of the amount of funds retained, or to be retained, by the City in a form acceptable to the City. The bond and any proceeds there from shall be made subject to all claims and liens and in the same manner and priority as set forth for retainage under ORS 279C.550 to 279C.570 and 279C.600 to 279C.625. The City shall reduce the retainage in an amount equal to the value of the bond and pay the amount of the reduction to the contractor in accordance with ORS 279C.570. Whenever a City accepts a surety bond from a contractor in lieu of retainage,the contractor shall accept like bonds from any subcontractor or supplier from which the contractor has retainage. The contractor shall then reduce the retainage in an amount equal to the value of the bond and pay the amount of the reduction to the subcontractor or supplier. [279C.560] 30 Progress Payments a, Payment Or vill imork tinder the Comm QH be nmdh prompdy by be Cky at Q price or prices, �bid,and, those prici�,s dmH incide IN compenathn Or PH approvY incidmal aim°h- lm. Contractor shdl nuke progress Wmales ol'work per,fornwd, in any,catendar nionth aMm subinit, to We Oty, Far approvaL beRne the GRh of the Wwhg,mouth, rim as Intitually agreed between the Com.ractor and Chy The eshmaws shall include value of Iabar pQr1onned and niaterialls WOMOMWd In Lhe mmrk We cornniancing wock under the Comma. Such estintates necd not be inadc by strict weasurent,ents and may be :VpWairac ordy and shall he basaJ upon the Kole anto unt o f money that w i I I lie cante due a ocord big to turns of the C conma vuben PrQ a:L at, S been completed. The City may inallude hi payinents eighty five percent(H 5,%)of the cost W Contrado, o F inn to 6 al s or equip meri i not yet Worpo rated art them W a rk 1)ut d e I i ve red am d sWAWy M o red m time site, or at sonic othc;' location agreed upon in wdLing. Such a payment, shall be conditioned upon submifskm by Me Contractor of NIN or ow or wo, over doemnonQuia sa elo bby to to Cky Auarney to estalWish Me CAVs IRIC tO SUCK Inalffillts Or eqUipfilCul,OV OtherWige PrOteet 1he 01y'S Werea incWding applicable insurance and transporimbon to the she, and a stawment Ratil Ontractor exlylaidog nwhy it is itecessiq to pmcwv said, equipment atidlor tuatertals When such paymcin% ire runide, the Contractor wan=nm sund guaranwes t11it 1110 Ode ('0 .111 1,110terills and C(l0pnIC111, WkefCd by 0 pWgMM Paymoc ukoha uncorporaied 61 LhePTQ1jW, ai not, vviH pass to the City LjOn rmtj ofstwh payment by the Conivacw, Ace and clear; armt uens,coin,scewmv irilcrc%ti or cncumbramcc's, Nwv'khst=drng Ic filar e. when dw, pvgress WmWt indbaWs Kt die progress 1�xiynwn; avuld be less than one 1hotsund doRm s 0 LOINIV no progi-css payineni % he nm& 1"(")] jljt c"Aillrole pQg�ivd" unIcss �.°Jpprwetl by fl'r)c (V'(tr' ;.ir we con mu Lace is dommm in wh& or in pad, an a Lump Swu baW Connewr AO' pmpwc un kemwod cwr rc'';iun' tholeto onlid how die (7n), S'�vyle belbre, commetwitig wo-k,progress estirmnics based on said dorm ed cost Wakdo%vu may he the Imsks Or progress payniaw Upan dawimi by the Chy, Onimctor shah pr'Dvidc 1"ot revision of dui cows breakdimvii to rcflcci the true cows cd'ihe%kiork as,it prog , , ,, cssc% d. If dic Comm price is ddemiund whWj an a uAt bast, City nmy use unit priccs bid in making Impgress OmAximes ort the work, In case said unit prices do not, in the opinion or the City trtdy repwsmil acMal wilative costs oll"different parts of work,ajxreenlage c)('Lhe Unit Price inayr be used in nnaking pro ress ostirnate c. If the City, reccNes wittai Me of any unsettled clainvs f6r darn age or other costs due to Contractor's operations micluding, wkbod Muidan, cWhns from any City 11pannnnt cm other governi-nontal agoicy,an muomit equal to the ckaiaii imy be withheld frorn the progress.paynients, final paynieftts or retainage urad stench clairn,has,been rcsolved to the safis,1'actjon O'City, Priog!mss payments will be made by Ciq an a numbly baisiswiih6i thirty (30)days from sign Off by the Contractor of the progress, payment or Own (15) days after the, payment is approved by City of work perfonued,whichever is the curlier dole, FaiWi-c to pay,progr"s payancrits w4hin(lic tunet'ratric set (odh above W1 resuft ro the 4irposition 0' interest as rcqu rcd by ORS 279C,570(2)(3), Dof;Wve or Qtaper invokcs W be addressed as set 1,,orlb in ORS 279C.570(4)(5)(6) Papncin mall be Owd by Chy Ir Ac amomi. of time apgowd esdinattv less CNe percent 15%) retainage Except as provided in parigraph 19above and the applicable OR Sections,noted hereni, sirds anjount of ittabuge OwEl be wh1theld and retrained by City until it is included in and paid to COMM OS PMA Of Q RMI ParylllCnt Of the Centract ainount, Upon, SUbstantial Completion of diewoirk under iheCommm Wch shay he understood to be not less,thin nitiety-seven and one-half percent(97.5%)of the work,the City may,at its discretion,reduce the retained amount equivalent to not less than one hundred percent(100%) of the contract value or estimated value or estimated cost,whichever is greater,of the work remaining to be done. [279C.570(7)] h. The City may decline to approve an application for payment and may withhold such approval if,in the City's opinion, and in good faith, the work has not progressed to the point indicated by the Contractor's submittal. The City may also decline to approve an application for payment or may reduce said payment or, because of subsequently discovered evidence or subsequent inspections, City may nullify the whole or any part of any payment previously made to such extent as may be necessary in their opinion to protect the City from loss because of: (1)defective work not remedied, (2)third party claims filed or failure of the Contractor to make payments properly to Subcontractors for labor, materials or equipment, unless Surety consents to such payment, (3) reasonable doubt that the work can be completed for the unpaid balance of the Contract sum,(4) damage to another contractor's work,(5)reasonable indication that the work will not be completed within the Contract time,(6)unsatisfactory prosecution of the work by the Contractor,(7)claims against the Contractor by the City, (8) failure to submit a construction schedule or failure to keep said construction schedule updated,or(9)exceeding work limits.When any or all of the criteria set forth above have been remedied satisfactorily to the City,payment shall be made for amounts withheld because of them.Withholding of progress payments or partial payments under the criteria set forth above shall not entitle the Contractor to interest on such withheld payments or partial payments, except as provided in ORS 279C.570(9). i. If Contractor fails to complete the Project within the time limit fixed in the Contract or any extension, no further estimate may be accepted, or progress or other payments allowed until the Project is completed,unless approved otherwise by City.Progress estimates are for the sole purpose of determining progress payments and are not to be relied on for any other purpose. A progress payment is not considered acceptance or approval of any work or materials or waiver of any defects therein. [ORS 279.570(2)]. 22. Final Estimate and Final Payment a. SUBSTANTIAL COMPLETION. Contractor shall notify the City in writing when all or a portion of the work is considered substantially complete. If it appears to the City that the work is not substantially complete,the City shall not make an inspection. The City may make a general list of major work components remaining. If it appears that the work is substantially complete, the City shall,within fifteen(15)days after receiving notice,make an inspection and either accept the work or notify Contractor of work yet to be performed. If accepted, City shall prepare a Certificate of Substantial Completion,Exhibit F. Upon acceptance of the Certificate of Substantial Completion by both parties,the City shall be responsible for operation and maintenance of that part of the work described in the Certificate of Substantial Completion, subject to the warranty requirements and protection of the work and all other applicable terms of the contract documents. The date of substantial completion of all the work shall stop the accrual of liquidated damages, if applicable. b. FINAL COMPLETION. Contractor shall notify the City in writing when work is 100%complete. If it appears to the City that the work is not 100% complete, the City shall not make a final inspection. The City may make a general list of major work components remaining. If it appears that the work is 100%complete,the City shall,within fifteen(15)days after receiving notice,make a final inspection and either accept the work or notify Contractor of work yet to be performed on the Contract. A Certificate of Final Completion shall not be prepared until all provisions of the Contract have been met,including but not limited to,the submission by the Contractor of a signed Certificate of Compliance,Exhibit G and executed"Release of Liens and Claims",Exhibit H. ;2 When the work is $0V1r, compWo, Me City shall prepare a Onal priy estirnate and Co-tificale of Fural Cou'liptedon acccpiling the maork as of a cennin, daw, The Unwactor shall executc and return, the Anal pay estituote and Certificate of Final Completion wii,hin five (5) working days of recuipt. UWMS OOOVIC PoWd as a Spectal Provido" when, City nocclpts Lite Certificate of Firial Completion, the dam the(onuictor signs the Cenificate WAS Cornomfon shall be On dme Me city ameps ommemy or we wark ind tho oart date of the worramy perind The conit-410111,may, sutimhi,de a MQuady Banc! in replacement of the PerArnianceond Paynicut Honds, in accerdatteQ with Won 29. The Chy shall include iftttre Ibmtpy eWnwic on addWon to the,contract amount for any contract, deduction from the comma arnomf fRor any licpAidated darnages and a deduction Ftom the contract p6cc in a III and eqnh able aniount flar any damitges fro the C�dy or 6or any costs iticurredi or ITCY Lo be it by the Cly due to Contoctur's f4ilkne to inca. any contract provismn r specifitcation other than timcly,conipIction, If the Contractor believes the quaninics and announts speciRed n3 the final pay esdimaw prcpased by Or Cly to be incorrect, Contractor shall submit to the City Nvithin Eve (5) %wirking days of rei:Q of the 0WS Anal pay Kraal, an itemized swwrnew of w, and Al dainn 0 WNW compensation under dic Contract which, are basod on diffin-et)COS ifl 111NISUIVIIINUS of, errors, of computation. Okay such chbu not so nkrnitt,ed and stippqrtcd by an neinized statenient within said pv6od is expressly, waived and die COY sllafl not be tart S- atcd, to pay (Ue Sanic, The Grunewr shaq cornnunce any suit or adion tat collal ot coforcethe claimi o i-clwms Rw arty adddional avert pensabou Wing Kru arms afeampinnnon,in the fina esunia ic within as penod of MV (1), ye or kdk:mirlt, the orio,a� numn or me ows, nn,,1I CS11'4111R(C IVO ("CIGGCOIL' Urf-1Mll CorlqAe ,'In r* dic (NOMMUMes hst knot n addwss as shown m We Tuoms ur cory ne cits issuance or a reVed Jbiwil cmimaw pwomm to JS sabseoion does iml alwr die o6girml 1011 esionate chic, If sad min Pown or proceaddAg is nul conunowed On 5Qd one (1) you jx&& me JINA CM Sale aaaual Co'kficaic arNw! WqWan or iv%Wed Mial whnmc and Goiremc off kul conljActloo, rf Ick isions ,ne inad, W be coiclusive with rcspccii Lo the amoum camved by the Comracwq and Q Commewr cxl)rcsd), w0ves, any acid all clakiis hor coo pcnaAan and any and all causes 0010 ol".1 Cd oil, 141. the enSmanem d1novofthat Contractor crught fia%v had. Upon return,oftho fully executed CeniScmeorRial Completion from the Contractor,the City,will subinit, the Ceninc ate of Fhml ConNolon and Rml estimate to the City for approval [JI1041 approval aiml acceptance by Me Chy, Cupwactor will, be paid a tmital payment cqa] 1,0 [he artiount due Mljo: tine (,,ontrnt QdWing reohmge within thirty (30) days in accorclance YAM OR 279Cr57(t Fnilurc to pay wmhnil 30 d"s shall inripn[watc the interest an lijial paynicn(/ retainage requirements oWRS 279C.570(8), Wiries carrecd, by the Contractor are not due aid payablc vatil the procedurcs set Barth, Al the contract docenrents 5be inspccfiion, approval and acceptance of tbe ,kvork, for determination oCtl�ic weit dram mind Me arricuml due dicTefbric; far the preparation of the final wittiatc arid Certifnaw of Final Completion and processing the same bt payinea foe consideration of the Contractor's claim, Or, ckainls, if tiny, and for Lhe pepedog of as ivVised Anal eWenwe and SaiNcate or Ruil Compbkw and processing saize for payment all have been carried ow. As,ri prerequisite to Final payrneni, rf Confi-actor is, rroL doaticiled in or regeslercd to do business in the State of Oregon,,, The conuacior VAI I pmvWe City with ovidicnce that the requirenicni (I FORS 279AA 200) hasbicen %akisfiec[ If City declares a default of the Contract, and Surety completes said Contract, all payments made after declaration of default and all retainage held by City shall be paid to Surety and not to Contractor in accordance with the terms of the Contract. Acceptance by Contractor of final payment shall release City from any and all claims by Contractor whether known or unknown, arising out of and relating to the work. No payment; however, final or otherwise,shall operate to release Contractor or its Sureties from warranties or other obligations required in the performance of the Contract. Disputes as to compensation resolved in favor of the contractor implicate the interest provisions of ORS 279.570(9). 23. Change Orders/Extra Work The Contractor agrees to complete this Contract in accordance with the attached specifications and requirements, including any change orders.A change order submitted by the City must be agreed upon by the Contractor and the City,and in the event of failure to so agree, the City may then proceed with any additional work in any manner the City may choose. A decision by the City to proceed to have work done by another party shall in no way relieve either the Contractor or City of this Contract and neither will such action be cause for collection of damages by either party to the contract,one from the other. Only the City designated Contracting Officer or individual with delegated contracting authority can authorize extra (and/or changed) work and compensation. Such authorization must be in writing. The parties expressly recognize that, except when such order is in writing by an individual with delegated authority,City personnel are not authorized to order extra(and/or)changed work or to waive contract requirements or authorize additional compensation. Failure of the Contractor to secure City authorization for extra work shall constitute a waiver of any and all claims or rights to adjustment in the contract price or contract time due to such unauthorized extra work and thereafter Contractor shall be entitled to no compensation whatsoever for the performance of such work. Contractor further expressly waives any and all right or remedy by way of restitution and quantum meruit for any and all extra work performed by Contractor without express and prior authorization of the City. 24. Contractor/Subcontractor Payment Obligations a. The Contractor is required to include in each subcontract for property or services entered into by the Contractor and a first-tier subcontractor, including a material supplier, for the purpose of performing this contract: i. A payment clause that obligates the Contractor to pay the first-tier subcontractor for satisfactory performance under its subcontract within 10 days out of such amounts as are paid to the Contractor by the City under such contract; [279C.580(3)(a)] and ii. An interest penalty clause that obligates the Contractor, if payment is not made within 30 days after receipt of payment from the City,to pay to the first-tier subcontractor an interest penalty on amounts due in the case of each payment not made in accordance with the payment clause included in the subcontract pursuant to paragraph (a)(i) above. A contractor or first-tier subcontractor shall not be obligated to pay an interest penalty if the only reason that the contractor or first-tier subcontractor did not make payment when payment was due is that the contractor or first-tier subcontractor did not receive payment from the City or contractor when payment was due. The interest penalty shall be: A. For the period beginning on the day after the required payment date and ending on the date on which payment of the amount is due made; and 4 0. Camputed at Ow Me specifiiocl ni ORS 279C515(2) �279C,5N�43)(b)j The Contractor as firither requNd to Ackde ut each of its subcontranq At K pwTosc of performance of such contract condition, a provision rc(lair6g the first-fier suit contraloolir to Aclude a papucut clause aud an, irmterest perrakyclause conihnning w the smndards orextian a. above in each of its.subcontracts and to require each al' s sukrinlramors to includcmich clauses in their subabntracts with each or suppiver., 1279C,5800)] Sir Contractor shall not tegUeSI paji-neril,of any arnULMI KOAMd o"WaNw!A amerclatice with OR 279C,5MXQ umH such I Am as We Camractor Ws doovInd and certifired to Itic ("ity thfu Te Subcmdradw is coulded U) Uic payrincol or such aniounit- 1279C,570(1)II A dispiate bctmvccii the Contractor and a subconu"IC10ir J-CJAL61pp 10 die U1,110unt or Ciltiltlerrient ofa subcontractor to as payment or a )bate paynwnt interest, penalty under L a clause included in the subcontract purstram io sAsu%m(3)ind(y arORS 279C180,does,noteonstitine a dispute to Which die City is a Party- Ile Coy AMH not 4c irwIncled as a party in, any adininistrative or jorbital proceeding,involving svcha dkpilte,, 1279C 58( ,)� The (knuacmir shAl amice payment yworriptly, 35 dUC,to all persons suppyh% to die Conminor labor or ruatcHal for The pcirKmance of' the %vork pro,wJided f6r in the conn=L [ORS 279C.505(1)(a)0 The Cotitractor sfiaL pay aft conlrihinimis or amounts due the Indusbrial Ataident Fund and Q StaW1AwapWpn=t Compensation Fund, rruni tlie Conirnoor or Subcontraclor IncunivAn dw Pallomnce onhe contract, [ORS"-179C 5050)(h)]The Contivoor shall not pemin any AS or An to be Gkd aim. pmsmuwd igainsit the Cky and shail be fidly y spauamtsilalt pear vJujy lien or clau-n filed aphnst We City ON UCOUVII of any labor ofr AdAwd JORS 27K 91( H(c)j "rhe canhatto, shall pay to the Dqmarncm or kocm,c vil, SUMS vOlhheld kril Clopluyevs pimmurni to ORS 3 1h 167. 10RS 279C 5(6( 11(dl) PAsuarit W ORS 2790515114 if Commewr U[s, riegleCtq, ()f m•Ct"LiSCS to 00ke IMU"Pt PaPnC"t ofonY chin 0 11wi or senkes hri-SAK to SeQuidor ara subcormactor [,ayriiry plerson m cyAwdon wo we cammy as suo, t:iai,io imcamcs ac, die proper onvents) rQuIAng 1he NY nmy pay Me C Jairr; anti charge dw ammmm or on; payineut agawst hinds due or W buconic CIVC C011KC101 under Ns Connact Pursua,tit to DRS 279C,515(;21 it to commum- or I first-tier subcontractor 11ads, neglects 01: refuses to make pia yine"i to a person frinuishing labor or-inatcrials in connection "didh the pubbe rinproveinern,coaLmzt within 30 days after rceeitx ofpayrnenk, fto(ni the contraefing ngency or a CMUM00r, MC CWUMCWF M AU-tier 501."Inrartoir shall owe the person the aniounk due phis iaterest cliarges commencing at die end of the 10-day period that paynient is, due under ORS 279C580 (4) and ending upon steep payrnent, unless payment is Q10M to a good NO dispute as defined in ORS 27925MY 11W rate of interesil, charged to the contawtor or Arsinder subcontractor on the aniount due shall equal three rinies the,discount rate on 90-day cormnercial paper in enket. ai The Federal Reserve Bank in tlw Federal Reserve 6strict that includes Oregon on the dam Out is 30 days after K dam when,payrtient was,received fi-0111 111C COntraCL61g,agency Of from,dw contracItor)bia We rate bap'interest may not exceed NO percent, The arnount oC interest inay not be waivLA, h. PLWSUOnj to OR 279C,515(3), ir the coraractar or a subcontractor fails, neglects or tel,"uses to inake payment, to as person firimishing labor or nialcrials in connection mdifli the public irnprovein,wol contract,the person inny Ak a compkin! rah LIM Cwntrwthi Cmumams Board� unless paytnent is sulmjcct tria good faith dispule as defined or ORS '279C580d Pursuant lbo ()RS 279C.515(4), the parrian of a claims S dre mamter audwrized in dAs scaln does not rclic,ve the contractor or the contracmi"s Surety firotn obh,gation with respect lo arty unpaid clahms, j. Living Wage Rates: If the amount of this contract is $18,703 or more, and. Contractor is not paying prevailing wage for the work,Contractor must comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage,as defined in this chapter,to all employees performing work under this contract and to any subcontractor who performs 50% or more of the work under this contract. Contractor must post the attached Living Wage Notice predominantly in areas where it will be seen by all employees. 25. Inspection and Acceptance Inspection and acceptance of all work required under this contract shall be performed by the City. The Contractor shall be advised of the acceptance or of any deficiencies in the deliverable items. 26. Liquidated Damages City and Contractor recognize that time is of the essence of this Contract and that City will suffer substantial financial loss if the project work is not completed within the timeframe specified in Section (1) of the Public Improvement Contract. City and.Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or other dispute resolution preceding the actual loss suffered by City if the project work is not completed on time.Accordingly,instead of requiring any such proof, City and Contractor agree that as liquidated damages for delay (but not as a penalty) the Contractor shall pay the City$500 per day for each and every day that elapses in excess of the contract time or the final adjusted contract time. This amount is a genuine pre-estimation of the damages expected because of a delay in the completion of this project. Any sums due as liquidated damages shall be deducted from any money due or which may become due to the Contractor under this Contract. Payment of liquidated damages shall not release the Contractor from obligations in respect to the fulfillment of the entire contract, nor shall the payment of such liquidated damages constitute a waiver of the City's right to collect any additional damages which may be sustained by failure of the Contractor to complete the work on time. Permitting the Contractor to continue and finish the project work or any part thereof after the contract time, or adjusted contract time, has expired shall in no way operate as a waiver on the part of the City or any of its rights under this contract. The City may in its discretion grant the Contractor an extension of time upon a showing made by the Contractor that the work has been unavoidably delayed by conditions beyond the control of the parties. 27. Liability,Indemnity and Hold Harmless Contractor warrants that all its work will be performed in accordance with generally accepted practices and standards as well as the requirements of applicable federal,state,and local laws,it being understood that acceptance of Contractor's work by City shall not operate as a waiver or release. The Contractor shall hold harmless, indemnify, and defend City, its officers, agents,and employees from any and all liability,actions,claims,losses, damages or other costs of whatsoever nature, including attorney's fees and witness costs (at both trial and appeal level,whether or not a trial or appeal ever takes place)that may be asserted by any person or entity arising from,during or in connection with the performance of the work, actions or failure to perform actions, and other activities of Contractor or its officers, employees, subcontractors or agents, under this contract, including the professional negligent acts, errors, or omissions of Contractor or its officers, employees, subcontractors, or agents except liability arising out of the sole gross negligence of the City and its employees. The Contractor shall assume all responsibility for the work and shall bear all losses and damages directly or indirectly resulting to the Contractor, to the City, and to their officers, agents, and employees on account of(a) the character or 3c pet Forruanec ol"Ific work,(b) unNirsean dMON& N) awkRam or (d) any offier cause whatsuever, rho Qnuacwr wpoll assume thrs resporisibility even if(aril l'kilt is the basis of the claim, in (b) atly, acl,oniission or com-hoct She City connected art h A Witiva is a condidon or cmUribulory came of di!c clarin, loss, dainage or trajury. Cantraclor wwvcs any amd all sialutoly or, conunon law rights of defenscand inidernnifico6on by the C!, Sarah AdetniSfica0mr, shall etc cover clairns brought against City under state or f�idcnal workers cooipensathn lows.Contractor shall adso defend and uldem,nify Oty, Froni all loss or danwage ihnt tuay result fratil("Ontraclor's wrongful or unauthorized use of any patented ,article 01. Process. If army aspect ofbi WoWyshall be found Lcni,be, dlcUu or invatid for any reason whamonor, sudi illegahly oc Invahly MmU = aflict the vaidij, of the reinaindcr of' this �ndenvificatioti. Any speeffic duty or liability.� itriposed or assurned by the Contractor as inay bo atherWise sit forthin the Contract,docurnents shall not be construed as an hurikaticin or resiricuou of the general liability ar duty unposed upon Me Contractor by this section.. In the event ally Such action or ON is bmugN agains the City,the Contractor AM[Udw Oy so elects and upon letWer by dw Chy, dethrid the garne at the Contractor's sole cos[,and cxpens,e, protupdy qifi5fy any jlidginctv adverw to be ."ity ono to C it) rand the Coritractor jointly, and rerrnburse the City for aay loss,cost,damagQ, or experise, uncludnag attorney So,suffered or incurred by the City� 28. Insurance rhe Anumew shall provide and aunotain, doring lhe tife of flans Dutract Me howame Wmage as rJoscribcd 61 Exhibit C, AH costs for mch humawc WH be bamQ by Ow (,'ovk'ackor and: -shall be, Al,clinded in Ove coutpav ptice in co,w orthe Wah ofany twovi&ion ol'thk sectim,Im Cly nmy Net io We oin and Wntan"t me c"wac or we unnimcior As o')SM"IDec as 111c ('ay nvly (fCcin pirnpC7,1i" Re cly may ale ucl the ucml mar such WWWWc nail any nimics diat n),ay be (4w or 01cr Anivacior Weir ths (Ontraw. Kim to m1main dawame an pwvided " aku cuso foi imiivdiatc of Ibc cbm"Wt ("ammewt WA Wmah 01 cKficaics of irrsurrancan acccl)%ibIc w C ly prior it) c,\,cxta on by the rky road helm Antmommr '111)1 Y11hCOMMCWT COMML:11ccS, kvo k undur O"lis COMMCL The cadlicate WR show, Oc numc or be SWUMMU Cover, QON�Cyage, t)PPC, MY]OW11 lot' �jrnils), pakcy, nurnbuy eflinde and expkabon dMes nod at descrioK of apembons covered. the cKlIcate&I NOW Ilan dAuOibleor mendon level aid mquVed ondom-senicras M-arrinics are sub�j=t to Chy!acceptance, If requested,cqpies Insurance pajicics stian l,)c pr-ovidcd rO the City,, (7011ti-now S"hall be responsible ror all deJilotibles, self-inskvrod rclenfiol,15, Widlor 5elf- Isulancm Approval of the irisur-arwc shall not reheve 01" decrerse the Iia5ility Of the ("onlroetot hereunder. 29. Performance,Payment and Warranty Rands i No% of Bond On% At the urnc or enctawn of Ic Commd, be Antractor shall furnistx (1) Perfiormance Bond and (2) Payment Hand wrAn by a corporaw swwy or cAr financial assurmice in an, tupount equal to the ounowd or to%lume based upon the esthrute ul. qua lit 44es or lusup Sual,as set (birth i it flic Contract 3rid in accordance mid OR 27%3HQ The bonds shAl be COWIL11OUS in,effect and shall rem min il.) full, We and effect until con filbace svilh and Dulfillniew of all tenns and provisiorts or the Contract, including Lhe obhgations olSections 2? and 30, all apOicaWe Nws and the prompt paymumt of alt persons, sup plyiag labor and/or other Taal for ptosecutio,n of the work. Thv bond(s) or other financial, Assuionceis subject to approval by the City. contram.or ShO Wrowl a sqaralc War-i-anly bond written, by a, corporaw surcty ot where financial ,issurarec, in an, amount equal to 1061 of the final aniount of the contract, The City nray pern.lit the warranty arnount to be included W the hOOM puRvmmwe and payirient 1-onds. The, Warranty. bond or o0wr fmancial assumnza shall be in enba For a perWd of one year kaiii be,date of Final CompIcLion. Q The City may require a separate warranty bond or financial assurance for any repairs done pursuant to the warranty obligation. Such separate warranty bond or financial assurance shall be for a period of one year from the date of completion of such repairs. The notice of claim on a bond required by ORS 279C.600 must be sent by registered or certified mail or hand delivered no later than 120 days after the day the person last provided labor or furnished materials or 120 days after the worker listed in the notice of claim by the Commissioner of the Bureau of Labor and Industries last provided labor.The notice may be sent or delivered to the contractor at any place the contractor maintains an office or conducts business or at the residence of the contractor. Notwithstanding the above,if the claim is for a required contribution to a ftmd of any employee benefit plan,the notice required by ORS 279C.600 must be sent or delivered within 150 days after the employee last provided labor or materials. The notice of claim must be in writing substantially as set forth in ORS 279C.605(3)-(5). 30. One-Year Warranty In addition to and not in lieu of any other warranties required under the Contract,Contractor shall make all necessary repairs and replacements to remedy,in a manner satisfactory to the City and at no cost to the City, any and all defects, breaks, or failures of the work occurring within one year following the date of completion due to faulty or inadequate materials or workmanship. Repair damage or disturbances to other improvements under, within, or adjacent to the work, whether or not caused by settling, washing, or slipping, when such damage or disturbance is caused, in whole or in part, from activities of the Contractor in performing its duties and obligations under this Contract when such defects or damage occur within the warranty period. The one-year warranty period shall,with relation to such required repair,be extended one year from the date of completion of such repair. If Contractor, after written notice, fails within ten days to proceed to comply with the terms of this section,City may have the defects corrected,and the Contractor and Contractor's surety shall be liable for all expense incurred. In case of an emergency where, in the opinion of the City,delay would cause serious loss or damage, repairs may be made without notice being given to Contractor and Contractor or Surety shall pay the cost of repairs.Failure of the City to act in case of an emergency shall not relieve Contractor or Surety from liability and payment of all such costs. 31. Nondiscrimination in Labor No person shall be subject to discrimination in the receipt of the benefits of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, marital status, age, sexual orientation or national origin. Contractor shall comply with provisions of Owner's Equal Opportunity Policy and comply with ORS Chapter 659 and ORS Chapter 659A relating to unlawful employment practices and discrimination by employers against any employee or applicant for employment because of race,religion, color,sex,national origin,marital status or age if the individual is 18 years of age or older. Particular reference is made to ORS 659A.030, which states that it is unlawful employment practice for any employer, because of the race, religion, color, sex, national origin,marital status or age if the individual is 18 years or older or because of the race,religion,color, sex, national origin or age of any other person with whom the individual associates, or because of a juvenile record that has been expunged pursuant to ORS 419A.260 and ORS 419A.262 of any individual, or to refuse to hire or employ or to bar or discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of 38 employment. Any violation of this provision shall be considered a material violation of the Agreement and shall be grounds for cancellation, tcnuination, or suspension in whole or in part(q). 32. Construction Debris and Yard Waste Contractor shall salvage or recycle construction and demolition debris, if feasible and cost effective. If the contract includes lawn and landscaping maintenance,Contractor shall compost or mulch yard waste material at an approved site, if feasible and cost effective. [ORS 279C.5I0(1)&(2)] 33. Environmental Regulations Pursuant to ORS 279C.525(1), the following is a list of federal, state and local agencies which have enacted ordinances or regulations dealing with the prevention of environmental pollution and the preservation of natural resources that may affect the performance of the contract. Federal Agencies: Agriculture, Department of Forest Service Soil Conservation Service Commerce Department of National Occanic and Atmospheric Administration(NOAA) National Marine Fisheries Service(NMFS) Defense, Department of Army Corps of Enoinccrs Energy. Department of Federal Energy Regulatory Cominission Env ironmcntal Protection Agcncy Health and Human Services Department of Housing and Urban Development Solar Energy and Energy Conservation Bank Interior,Department of Bureau of Land Management Bureau of Indian Affairs Bureau of Mines Bureau of Reclamation Geological Survey Minerals Management Service U.S. Fish and Wildlife Service Labor,Department of Mine Safety and Health Administration Occupational Safety and Health Administration Transportation, Department of Coast Guard Federal Highway Administration Water Resources Council State Agencies: Administrative Services Department of Agriculture Department of Consumer& Business Services Department of Oregon Occupational Safety&Health Division Energy Department of Environmental Quality Department of Fish and Wildlife Department of Forestry Department of Geology and Mineral Industries Department of Human Resources Department of Land Conservation and Development Commnission Parks and Recreation Department of Soil and Water Conservation Commission State Engineer State Land Board(Lands,Division of State) Water Resources Department Local Aeencies: City of Ashland City Council(Ashland Municipal Code) County Courts County Commissioners of Jackson County, County Service Districts Sanitary Districts Water Districts Fire Protection Districts Historical Preservation Commissions Planning Commission If the Contractor awarded the project is delayed or must undertake additional work by reason of existing ordinances, rules or regulations of agencies not cited above or due to the enactment of new or the amendment of existing statutes, ordinances, rules or regulations relating to the prevention of environmental pollution and the preservation of natural resources occurring after the submission of the successful bid,the City may: (a) Terminate the contract; (b) Complete the work itself, (c) Use non-City forces already under contract with the City; (d) Require that the underlying property owner be responsible for cleanup; (e) Solicit bids for a new contractor to provide the necessary services; or (f) Issue the contractor a change order setting forth the additional work that must be undertaken. The solicitation documents make specific reference to known conditions at the construction site that may require the successful bidder to comply with the ordinances,rules or regulations identified above. If Contractor encounters a condition not referred to in the solicitation documents, not caused by the successful bidder and not discoverable by a reasonable pre-bid visual site inspection,and the condition requires compliance with the ordinances, rules or regulations enacted by the governmental entities identified above,the successful bidder shall immediately give notice of the condition to the contracting agency. Except in the case of an emergency and except as may otherwise be required by any environmental or natural resource ordinance, rule or regulation, the Contractor shall not commence work nor incur any additional job site costs in regard to the condition encountered and described in subsection(3) of this section without written direction from the contracting agency. Upon request by 40 00 City the Contractor Amli estitimme the emolermy or re, iflatury coniptionce costs as well as the amicoated del, y and toms, mml ftont the encommited condhims. This cost esfimale, shall be Pvniptly dcliverec� to tile contracting agency Or rasohl Will a reasonable period of l I'Dilowrip.,delivery oil estimate Of'il section, the Cil rnly° (a) Thrridnam Q col V) Camom Me We& indt", (c) Use non-City Ill a,lrcady und`cr collin,ic( with the City; (d) il wit d iat d te Ritid erl y d it g p roll r ty o w i ter be!resp ons ib I e for-c I c an t l Sakk bids Ir a new cantmetorte pmvide the necessary services; or Isme Ow emamem a change order setting north the additional work tbut=be undertaken, irthe citty chooses (o torminate we amumcit unhr either subsecinon lad of this seodon, the,Contractor AMR be ent Wed to all COOS and expenses bularred to the dzic ot"termination, lincludlaig overhead and reasonable profits, on the PmVeml of the work completed. -Tbc City shall have access to the contracl hid, docurrients when, imking Me cmAmaing agency's determination of the additional. compensatl dw 10 the contractor If we cmilunew agency causes "xwk to be done by anodier coral under either subsec6cm (c) or jej (above, the l contractor imay not, be held fiaWc for aictions oi-onnssloiis of flee mhcr miWomor.The chaagc arder ander cul subsecdoo(1),ol section shill include dw aplwymam extension oremams ureic;and compeasolic the contractor For aril addi6onal card j ci hcad mid ressomahle fwofhs. reasol hwurmd as a vesuh ol'complyrn1g,aOl the OpphcaHe statu'les, o'ljlnances, xib% aT agubm, Ile Coy QH hone amess to K cummooA laird docinneal when inakism the dummumuon ofthe oddmonal campenso6on due to Ole emmom, Notwillislanding l abmm, we 01 has allmmcd all or as pmoon or the known enymmntental and imirual msourec rases Io a Contractor by Bing such environmental and trial mwulme rWo in Me salichmion doel 34, VVaivm nx mum of me cky to el my proym arouscomraushau nolcmisl wallva by the Chy of dmil or any oll pro6hom City QmU not be precluded or cstoppecI by any nlcasurcanctl cstl or certificate made enher bell or after comphdan and acceplatice of or or Rymmu Mel Poin towtAl dw im atmotint and chumder of work perforil and LAtil by the Curinactor, or rrom Showing that any su6 measurell cstimWe or certificate is mitrue or ineorrecil made, or dul wait or maurrhis alb not conforiv in fact to the Cori l City shall not be, precIoll or,esill notwitlistanding any stich measurement, esumateor ccrtirl or payrnent in accordance, themwith, (il recovering from the Contractor and il Sureties sah domove5 is it may sustain by 'venson of their faijklm to conrpl,y m1h Imms of the call or, fivirl enforcing cQuIpItance With the Contract Neither acteplance by Cky at by any iltmEvc or Ament (of'the Cll Me who e Or any Part of the wark, nor any catemian or Am nmmny pmscaslicin wken by 014 nor any popment It all or any part of the prqtcct, QmH operme as a waiver of any pal of le Cmdmet or of any power herein resemod,or my right I*damnal lil provided, J, Immormy,breach ortheConlractshall not be hlcld to be_a %VajVCfL Of away,Qtl:icr breach. 35. Errors The Contractor shall perform such additional work as may be necessary to correct errors in the work required under this Contract without undue delays and without additional cost. 36. Severability If any term or provision of this contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular term or provision held invalid. 37. Attorney's Fees If a suit or action is filed to enforce any of the terms of this contract,the prevailing party shall be entitled to recover from the other party, in addition to costs and disbursements provided by statute, any sum which a court, including any appellate court,may adjudge reasonable as attorney's fees. 38. Business License The Contractor shall obtain a City of Ashland business license as required by City ordinance prior to beginning work under this Contract. The Contractor shall provide a business license number in the space provided in this contract. 39. Notices/Bills/Payments All notices,bills, and payments shall be made in writing and may be given by personal delivery or by mail. Notices,bills, and payments sent by mail should be addressed as follows: City of Ashland Jason Strait—Project Manager Public Works Department 20 E. Main Street Ashland, OR 97520 and when so addressed,shall be deemed given upon deposit in the United States Mail,postage prepaid. In all other instances,notices,bills,and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices,bills, and payments are to be given by giving notice pursuant to this paragraph. 40. Conflict of Interest Contractor covenants that it presently has no interest and shall not acquire any interest,direct or indirect, which would conflict in any manner or degree with the performance of its services. The Contractor further covenants that in the performance of this contract no person having any such interest shall be employed. 4 2 41. Merger Clause THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT 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 CONTRACT. BY ITS SIGNATURE, CONTRACTOR ACKNOWLEDGES IT HAS READ AND UNDERSTANDS THIS CONTRACT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. F' 3 EXHIBIT B: COMPLIANCE WITH APPLICABLE PUBLIC IMPROVEMENT CONTRACT LAW This exhibit references the requirements for public contracting as set forth in ORS 279C.360 through and including ORS 279C.800 which are available online at www.leg.state.or.us/ors 44 REQUIREMENTS To: hiskirarice Agem. Plase proNidc of Initir"I'lloe to the Project Matuager, Ditring flie tcrut ofthe CO1WWL PWUC PMVWC MAW Of lJOUMCC PHOr W COW renewd Insurance shall Oc witlrout pre judrce to covetage whcrwisc cxk6og. Eltning, the rerun of this COMMM, Couttractor slla[l I'll"14111ani, jal force aat its Own ex en all instIMUCC 110ted below. irlsko-ance it)Cotmillinwe will ORS 656AM any wocontramrs, that en.iplWy subjec( workers w1w work under thig Contnact io me State! of Oregon shati. ccnnply with ORS 656,W7 wid pruv& A reclAred Wocken' Corr pensafiloir coverage, It"lem SMh mQW9 we CKC1111)l under ORS 651126, Coatraclor stia.111 ensure that oach of its colllpfica Wilt these rMoirements. (himotercial General Ijabily,jamlrance w"m ocowtvace barns, walt ti ccmuMd A&Hunit onw( Wm Own El soonAno or 11 SIMAJOI Wa enh ouuumcc of bmifly itli,irry.,persortal iRpury and q,Iroperry(Wrurtgc and SUHMOKI A the aggregaw I Ad hicItHle Coverage for broad fictnucoriffactwil liobfljlya bro,ad form property Ehuluager pca-ruua] aannwl advutrisiq rQu, annas and cominlewr prolective: prcmisc "oj,')eniiions-, and prodsicWconipletcd opentdon CoveriWe Owl nal cwhdo ownwim wilpse umlogromd, or cxplodoo WE. Aggogarc UK shill qW(y mi as perpQv bnws- RMW by City [I %� i re(p0rcd by Cily "kiltorombilc U'a[640) inovatwe vkoh n cNnbmvd smpb limc m the eXplivVICIM of IKM WSS No SIMUMon u'l000,ow kir ouch acticicgo fint 'Bodily' filjory eta Prilpery Wr ownel lowd jnj swunmimd v WAS NyuMul Onf"eox on,AM be designa Qd. Uj'; R c q i i it ecl by Ct i y L] N o t rer(I ii t i rod by t y Ej ion pemo"orme vase or'dw work for riie heneot oribe pawe's to the Conlracl as Wk inicrem vlay kip pear. Covcr;rgesfialf also incloAc, (1) forinwork in placc-,(2) 11ocni lumber ott 0c;(3)znnporm)� slnicturcs;(4)eciti4ormn;and(5) suppim rebried to the wor k, wl i i te at i he sate, Nefice uWaneenadiun or Change. There slioll be no cancel'A'ation,niarerial chaoge,rduction of fimirs or imcm 00t to leflew Ific irlsilratice covcragL s) witiroul 30 days wrinen nofiet frotri A Contmetor or im insure"s)io the, My This nmWc pwWMwi WwU W by odmomw p4sical"aMcWd to the cerlificale of insurattem Addideaul Insured, Fo� r gencral liability hisunume and aMonrobile WbiliN NumWe A CHI ad M WS, offiecrs,an.d employms wOl be AJdhbnA Innuedr Nn oral widi respect W CM01AMMMUMS W he 900M and Mis coumcl This coverage AM be by cildorsement Physically atwchcd to 0ie Cendmwe ofiaistrravtce, The CaMmoor MW deknd. MKI, am! hold ImnWL the City and the ("ny's officcrs, age.ints, mid amplayss agmust as lAbUdy Al 0MY be huposed upon dent by rcason difte Contractors or subcorilmelor's fa lure,w provide and employers liabiliuy coverage. Certirk,W4 of Imuranec Contracior W Unida Amunuce ceNAMes iwcel;Oable to City Kior to conrmcn6ag work, Tbe Cerifficaic will include lbe deductJbic or, r0ernion level and required: eindorseineats- lumidng conaruages or Mus am mpoct w Chy approval, If requemL cminks of Humnce poldim Mall be Ptovidecl 10 the City. Cooll-1cwt, ShAl be responsible for all deductfles. ;6fhislireid rctenbiotis, an&or sdf- EXHIBIT D: CERTIFICATION STATEMENT FOR CORPORATION OR INDEPENDENT CONTRACTOR A. CONTRACTOR IS A CORPORATION CORPORATION CERTIFICATION: I am authorized to act on behalf of the entity named below and certify under penalty of perjury that it is a corporation. ,i��- 1�. i z+ -yyaS L(-C_... l 2-Z 20 Z Entity Signature D to 00 B. CONTRACTOR IS INDEPENDENT Independent Contractor Standards. As used in various provisions of ORS Chapters including but not limited to 316, 656, 657, and 701, an individual or business entity that performs labor or services for remuneration shall be considered to perform the labor or services as an "independent contractor" if the standards of ORS 670.600 are met. Contractor and Project Manager certifies that the Contractor meets the following standards: 1. Contractor is free from direction and control over the means and manner of providing the labor or services, subject only to the specifications of the desired results. 2. Contractor is responsible for obtaining all assumed business registrations or professional occupation licenses required by state law or local ordinances. 3. Contractor furnishes the tools or equipment necessary for the contracted labor or services. 4. Contractor has the authority to hire and fire employees to perform the labor or services. 5. Payment to the Contractor is made upon completion of the performance or is made on the basis of a periodic retainer. 6. Contractor is registered under ORS chapter 701, if the Contractor provides labor or services for which such registration is required. 7. Contractor has filed federal and state income tax returns in the name of the business or a business Schedule C as part of the personal income tax return, for the previous year, for labor or services performed as an independent contractor in the previous year. 8. Contractor represent to the public that the labor or services are to be provided by an independently established business as four or more of the following circumstances exist. 40 (Check four or more of the following:) A. The labor or services are primarily carried out at a location that is separate from Contractor's residence or is primarily carried out in a specific portion of Contractors residence, ,which is set aside as the location of the business. B. Commercial advertising or business cards are purchased for the business,or Contractor has a trade association membership. d—" C. Telephone listing is used for the business that is separate from the personal residence listing. 'D. Labor or services are performed only pursuant to written contracts. E. Labor or services are performed for two or more different persons within a period of one year. rf� F. Contractor assumes financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds,warranties,errors and omission insurance or liability insurance relating to the labor or services to be provided. If any action is taken by a person or enforcement agency relating to Contractor's independent contractor status in connection with this contract, Contractor shall defend, hold harmless and indemnify the CITY of ASHLAND, its elected and appointed officials, employees, volunteers and agents from any such action, claim, judgment, fine, penalty, or order to pay. Contractor shall pay any additional costs incurred by the City in defending such action or incurred as a result of such action. This indemnification is it] addition to any indemnification otherwise in this agreement. Contractor Signature D to Pr : ef-Manager Signature Date 47 Performance Bond The undersigned DSL Builders LLC as principal, further referred to in this bond as Contractor, and as surety, further referred to in this bond as Surety, are jointly and severally bound unto City of Ashland, as obligee, further referred to in this bond as City, in the sum of One Million Eight Hundred Sixty One Thousand Eight Hundred Dollars & 00/00 Dollars ($1,861,800.00. Contractor and City have entered into a written contract dated , for the following project: Booster Pump Station Improvements Project No 2021-13b. This contract is further referred to in this bond as the Contract and is incorporated into this bond by this reference. The conditions of this bond are: 1. If Contractor faithfully performs the Contract in accordance with the plans, specifications and conditions of the contract within the time prescribed by the Contract, as required by ORS 279C. 380 through 279C.385, then this obligation is null and void; otherwise it shall remain in full force and effect. 2. If Contractor is declared by City to be in default under the Contract, the Surety shall promptly remedy the default, perform all of Contractor's obligations tinder.he contract in accordance with its terms and conditions and pay to City all damage:; that are due under the Contract. 3. This bond is subject to claims under ORS 279C.380 through 279C.390. 4. This obligation jointly and severally binds Contractor and Surety and their respective heirs, executors, administrators,successors. 5. Surety waives notice of modification of the Contract or extension of the Contract time. 6. Nonpayment of the bond premium shall not invalidate this bond. 7. The bond number and the name,address,and telephone number of the agent authorized to receive notices concerning this bond are as follows. Bond Number: 2355048 Bond Agent: A.G. Sadowski Company Address: 1605 Liberty Street SE Salem, OR 97302 Telephone: (503) 362-2711 SIGNED this 20th day of November 20 24 . "Swiss Re Corporate Solutions America Insurance Corporation 49 " "I"1 NE"S& fly ww 'gym SEAL Sz w 0 Attest: Keith Corporate Secrctary H"'N .S : Swiss Re Corporale SoWtions Amenca Insurance orpofaOon Iat ntlo� Tracy t art y ftFn -urn-Faict .._. I site , u.ps�,�u� Address: _ Ott Street,„Kansas r�, t '., O 64105 o �r . ......... Payment Bond The undersigned DSL Builders LLC , as principal, further referred to in this bond as Contractor, and ` , as surety, further referred to in this bond as Surety, are jointly and severally bound unto City of Ashland, as obligee;further referred to in this bond as City, in the sum of One Million Eight Hundred Sixty One Thousand Eight Hundred Dollars&00/00 Dollars($1,861,000.00 ). Contractor and City have entered into a written contract dated ,for the following project: Booster Pump Station Improvements Project No. 2021-13b. This contract is further referred to in this bond as the Contract and is incorporated into this bond by this reference. The conditions of this bond are: 1. If Contractor faithfully performs the Contract within the time prescribed by the Contract, and promptly makes payment to all claimants,as defined in ORS 279C.600 through 279C.620,then this obligation is null and void; otherwise, it shall remain in full force and effect. 2. If Contractor is declared by City to be in default under the Contract, the Surety shall promptly remedy the default, perform all of Contractor's obligations under the contract in accordance with its terms and conditions and pay to City all damages that are due under the Contract. 3. This bond is subject to claims under ORS 279C.600 through 279C.620. 4. This obligation jointly and severally binds Contractor and Surety and their respective heirs, executors, administrators, successors. 5. Surety waives notice of modification of the Contract or extension of the Contract time. 6. Nonpayment of the bond premium shall not invalidate this bond. 7. The bond number and the name, address, and telephone number of the agent authorized to receive notices concerning this bond are as follows: Bond Number: 2355048 Bond Agent: A.G. Sadowski Company Address: 1605 Liberty Street SE Salem, OR 97302 Telephone: (503) 362-2711 SIGNED this 20th day of November 2024. 'Swiss Re Corporate Solutions America Insurance Corporation 51 ND ITN FS CO CIS BGJlIl' rL C'o'Id� � 4J4Gliyr71i4 mm 1951 Pir�W t AW Sad R 1 " OR Atoma1410,�, A,ftesd �� `�� Fait M-1-hom�t.�. Corporate Secretiry, l"f*1% Iss: Swi tie Corporate, Wuummt America Mnsuran CDC or;�t'on gs P Tracy t 1200 Maury Street, t�k� 0 KansasCuts M0 6410p 5 _.... _.... ...... _.. �� s SWISS RE CORPORATE SOLUTIONS SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION("SRCSAIC") SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION("SRCSPIC") WESTPORT INSURANCE CORPORATION("WIC") GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT SRCSAIC,a corporation duly organized and existing under laws of the State of Missouri,and having its principal office in the City of Kansas City,Missouri,and SRCSPIC,a corporation organized and existing under the laws of the State of Missouri and having its principal office in the City of Kansas City,Missouri,and WIC,organized under the laws of the State of Missouri,and having its principal office in the City of Kansas City,Missouri,each does hereby make,constitute and appoint: DEREK A.SADOWSKI,TY MOFFETT,TRACY STEWART,and STACI O'DELL JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY-FIVE MILLION($125,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC by written consent of its Executive Committee dated July 18,2011. "RESOLVED,that any two of the President,any Managing Director,any Senior Vice President,any Vice President,the Secretary or any Assistant Secretary be,and each or any of them hereby is,authorized to execute a Power of Attomey qualifying the attorney named in the given Power of Attorney to execute on behalf of the Corporation bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Corporation when so affixed and in the future with regard to anv bond,undertaking or contract of surety to which it is attached." ".`Vq�Ohs hA9egj ..y "`,.,.\0A&�PRE9AIF 4F�� .bR90R7c�ys n4J�.�POR•. By �,�,,, ~` ;vz� Erik Janssens,Senior Vice President of SRCSAIC&Senior Vim President �. `"• S E A L . �s SEAL ;n w of SRCSPIC&Sraior Vice President of WIC R 1973 rota: . �' s Soo--`- `; '•.?rig „ „ >�; +` Gerald Jsgrawski,Vim President of SRCSAIC&Vice President of SRCSPIC &Vim President of WIC IN WITNESS WHEREOF,SRCSAIC,SRCSPIC,and WIC have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 10 day of NOVEMBER 20 22 Swiss Re Corporate Solutions America Insurance Corporation State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation County of Cook Ss I Westport Insurance Corporation On this 10 day of NOVEMBER 20 22,before me,a Notary Public personally appeared Erik Janssens,Senior Vice President of SRCSAIC and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gerald Ja rg owski,Vice President of SRCSAIC and Vice President of SPCSPIC and Vice President of WIC,personally known to me,who being by me duly sworn,acknowledged that they signed the above Power ofAttorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. c>a�1G t,�iR11411tW! tsrcd �!^rtI64l�Y�lt1�C,8U{YE ti I,JefTrey Goldberg.the duly elected Senior Vice President and Assistant Secretar.,of SRCSAIC,and SRCSPIC and WIC,do hereby certify that the above and foregoing is a true and correct copy of a Power ofAttoniey given by said SRCSAIC and SRCSPIC and WIC,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals ofthe Companies this ZOtA day of November 12024 jefTiey Goldberg,Senior Vice President& Assistant Secretary of SRCSAIC and SRCSPIC and WIC PAYMENT BOND Page 2 WITNESS: CONTRACTOR: By: (Corporate Seal) Title: Legal Address: Attest: Corporate Secretary WITNESS: SURETY: (Corporate Seal) By: Title: Legal Address: Attest: Corporate Secretary EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION CITY'S Pro iect No. Project No. N/A --- --......._...._.. -.._.. _...-------- ..__......._..._..............._ Proiect: ................. . CONTRACTOR Contract For Contract Date _...._............ ..... .._........ --------------------------------........-..------------ __.._.-_.........................---.......... This Certificate of Substantial Completion applies to: 2 All Work under the Contract Documents, or ❑ To the following specified parts thereof: 'The Work to which this Ccrt.ificate applies has been inspected by authorized represciitatives of CITY, CONTRACTOR and C'I'fY, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on _.......... ......-------.._.... _... ---------------------- ----------------------------------- DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in. accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within Days of the above date of Substantial Completion. The following documents are attached to and made a part of this Certificate: .......... -..........._..._............................---------------------------------...._.._.....-----------------------.........................................._....._..........._._..........._.._........-.._.............. -- _....._......._.........._._.__....._......._...._......._..._....._ ----------.............................._-.._.--------------------------------..._........_.._.................._... ....... ................................_.........._......_...... Effective as of the last date set forth below, the responsibilities between CITY and CONTRACTOR shall be as follows: Security ■ City ❑ Contractor Operation ■ City ❑ Contractor Safety ■ City ❑ Contractor Maintenance ■ City ❑ Contractor Heat(NA) ■ City ❑ Contractor Utilities ■ City ❑ Contractor Insurance ■ City ❑ Contractor Warranties ❑ City ■ Contractor Other Responsibilities: City Contractor This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents, nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. CONTRACTOR accepts this Certificate of Substantial Completion on: By: CITY accepts this Certificate of Substantial Completion on: , By: -....... - - CITY of ASHLAND File: 4 EXHIBIT G: CERTIFICATE OF COMPLIANCE CIP Number: Contractor: I, (We) hereby certify that all work has been performed and materials supplied in accordance with the plans,specifications and contract documents for the above work, and that: 1. If required by law, not less than the prevailing rates of wages have been paid to laborers, workmen and mechanics employed on this work. 2. There have been no unauthorized substitutions of materials; substitutions or assignment of subcontractors; nor have any subcontracts been entered into without the names of the subcontractors having been submitted to the City prior to the start of such subcontracted work. 3. All claims and indebtedness for material and labor and other service performed in connection with these specifications have been paid. 4. All moneys due the State Industrial Accident Fund,the Statc Uneniployment Compensation Trust Fund, the State Dcpartrnent of Revenue (ORS 31.6.162 to 316.212) hospital associations and/or others(ORS 279C.530) have been paid. 5. All private property and easement areas have been satisfactorily restored in accordance with the contract. 6. If Contractor is not domiciled in or registered to business in the State of Oregon, Contractor has reported to the Oregon Department of Revenue such information and in the manner as required by ORS 279A.120(3). Contractor: By: Date: Title: 55 EXHIBIT H: CONTRACTOR'S RELEASE OF LIENS AND CLAIMS [THIS SWORN STATEMENT IS A PREREQUISITE TO CERTIFICATE OF FINAL COMPLETION] TO: City of Ashland 20 East Main Street Ashland, Oregon 97520 FROM: PROJECT: In connection with our request for final payment for the above project,I, hereby state that: all subcontractors and suppliers on this project have been paid in full, all obligations on the project have been satisfied, all monetary claims and indebtedness on this project have been paid,and all disputes with property owners have been resolved. There are no liens or claims of any kind outstanding or threatened against the project. Furthermore,I agree to indemnify and hold harmless CITY of ASHLAND from any and all claims for labor or materials furnished under the contract for the above project. SWORN STATEMENT I hereby certify,under penalty of perjury and false swearing,that the foregoing statements are true and correct. Dated this day of 20_ Contractor: By: Title: STATE OF OREGON ) ss. County of ) On this day of 20_, before me personally appeared whom I know personally whose identity I proved on the basis of_ whose identity I proved on the oath/affirmation of a credible witness to be the signer of the above document, and he/she acknowledged that he/she executed the same under oath/affinnation. Notary Public for Oregon 0 EXHIBIT I: CERTIFICATE OF FINAL COMPLETION Project Number: Project: Contractor: Contract Signed: Contract Expires: Contract Completed: Delinquent: I hereby certify that I have completed my contract, furnished the materials, and performed the work as shown by the final estimate of the City, according to the plans and specifications, - ----- ------_.- _ _-__ _-____. ___ --_-_ ----------__--- C oolrac for Title Owe The City has determined the project is l0U`i„ complete in compliance with all contract documents. In,speclor.S'ahervisor Date Project Manager Date CI:TYof AWLAND Tille Date Unless otherwise provided as a Special Provision, when City accepts the Certificate of.Final Completion, the date the Contractor signs the Certificate of Final Completion shall be the date the City accepts ownership of the work and the start date of the warranty period. 57 EXHIBIT J: ADDITIONAL INSTRUCTIONS TO BIDDERS The provisions of Oregon Administrative Rules Chapter 137, Divisions 46 and 49, apply to all bids and contracts concerning Public Improvements and Public Works in the City of Ashland. The OAR provisions control over any conflicting language in the City Standard Terms and Conditions, Special Provisions, including Technical Provisions and the OAR provisions are incorporated herein by this reference. 1. BID PROVISIONS a. Bid Security. [OAR 137-049-0290] No bid will be received or considered unless the Bid is accompanied by a certified check,cashier's check, (payable to the City of Ashland), surety bond (in approved form)(f/k/a/ bid bond), or irrevocable letter of credit issued by an insured institution [ORS 706.008](in an approved form)in an amount equal to ten percent (10%) of the total amount bid. The successful bidder will be required to furnish a faithful performance bond and a labor and material payment bond each in the amount of one hundred percent (100%) of the amount of the contract. Said security shall be irrevocable for 60 days,unless specified otherwise. The bid security shall be forfeited,at the City's option, as fixed and liquidated damages, if the bidder fails or neglects to furnish the required performance bond,the insurance,or to execute the contract within 10 working days after receiving the contract from the City for execution. When a bond is used for bid security, the bond shall be executed by a surety company authorized to transact business in the State of Oregon. THE BIDDER SHALL HAVE THE SURETY USE THE BID BOND FORM PROVIDED HEREIN. IF THIS FORM IS NOT USED, THE BID WILL BE DEEMED NON-RESPONSIVE AND SHALL BE REJECTED. All such certified checks or surety bonds will be returned to the respective bidders within 10 working days after the bids are opened, except those of the two low bidders. The bid security of the two low bidders will be held by the City until the selected bidder has accomplished the following: A. Executed a formal contract; B. Executed and delivered to the City a Performance Bond and Payment Bond, both in the amount equal to 100%of the Contract Price; C. Furnish proof of public works bond filed with BOLI; and D. Furnish the required Certificates of Insurance. Upon the execution and delivery to the City of Ashland of the Contract and Performance Bond and Payment Bond and furnishing proof of a Public Works Bond filed with BOLI by the successful bidder,the bid security shall be returned to the bidder. The bidder who has been awarded a contract and who fails or neglects to promptly and properly execute the contract or bonds shall forfeit the bid security that accompanied the bid. It is hereby specifically provided that a forfeiture of said bid security be declared by the Council if the contract and performance bond and payment bond are not executed and delivered to the City within ten(10)working days of the day of the receipt by the successful bidder of the prepared contract. The Council, at its option, may determine that the bidder has abandoned the submitted accepted bid, in which case the bid security shall become the sole property of the City and shall be considered as liquidated damages and not as a penalty for 58 failurc of the bidder to execute the contract mid, bonct- The security of unsuccessful. bidders sholl, be teirri 1jed, to dmii alter thc contract has bevii awarded and duly snf raid, 2 FORMOFRID ,A, All bids rnum be clearly and duitndly typed or written witfi ink or indelible pencil, and be on the Bid form, furnished by Owiret The bid must be, $Jgrled by Clio Contractor or, a daty ualiorized agent- If crasures or other changsappear cm the fonim, they shall be irlitialed in ink hy [lie Iromm Who signs die bid "fire, bidder sfiaH not after, niodify or change the Did f6vmg exclept as dmccied by addetidm-r), All appficabilic blanks giving gencrol I ii forrvia t toil rrivst be completed, in addition to necessary Unit.pri.cc 11rLins, and tonal prices In the coluinin 0l'Iotals to makeaconipleic bid, The Bid contract which, if the Bid is accepted for award.binds the bidcfer,to a contract and dic terrins and conditions corirainecl iai the Bid, ,is well as the Solicitation Documents, A bidder shall not make the Bid contingent uporl tbc City's acceptanoc of spocifications or contract wrims which confliet kvith or are in add4ion to those advernsed in the Notice ir.) Corvwaclors and Invitafion to Md. Any statement acconipanying and tending to quafi,(` a bid may causic rciecOon of such, bid, unless such statenictit is required in,a bid embracing alternative b16 B, LJ111CSS,OLIICI'WISc 1Sj),c6fiQd., Biddevs shafl, bid on all [)W licins jncludcd in flic hid ain d the 1mv Biddcr fliall bc detmmincd, Except is providod lvmn bids which arc inconitActo., or F.,111 to reply Ira all iumis nquited in the bid mny bo rejected. C Rlddk rs OioH oo;�e mhei1m, bosml,Qs F, h6im-,, dt,�ne an aii midiMduaf. a, co-p�,rrincrsfiq), a CL)Hlbdiariwn theveto'slmh stag: Llunl' Wah dic film, w and smv k0jctlwi, the corporadon is hcerised, io do busirress 61 fllC SIMC DMY`C,a4(,,M, 3. If a bidder finds ertror, dismpancks in, or, orinssions, from the pinns, 5pecifientions or contract docurricam, or Ines doubt as to their interpretaLion (m,, meaning, the bidder shall, it once nvL16- [lie City Contact Pel'sortl Pr(')'Ject mar raget, The City will investigatcand detcrinine ifarr addendum will lac is'stmd IN sliould arj)pcartDa Bidder drat thcwork tobc dome ornizi(crs relative thereto arc not s,officicnfly dcscribcd or cxplaflied in the ConLraet Documents or 1111,14 Contract Documents are not definite amd clear, or the Bidder needs additional infibrimation or an interpretation or the contract, the BiddLI, may make wrium mqw I ry regarding samc to the Protect Manager ai least ten (10), days, urilless otherwiwspecified, be(bre t,he schieduled ckming tivie for stibirnissiari orbids, If" in, thvopiniion Of flic Prolect Manager, additional in.fortmation or interpretation is required, an addendum will I.1C isSirCd to all kr[(Mu 15pmification,holdcrS. Any addvidum wr addenda isued by the City which mayincludc changes, Corrections, addidon.5, mlerpretartiorks or information, and issued, seventy-two (712) hours or tliorcr before the schedid,ed closing, unie for svbriilsmon of lards, Saturday. Sunday and; le ant holidays not included, shill be binding upon the Bidder. City shall suppy copies of such Addenda wl] riot be rualled but will be posted on the well ite anid avadabIt at Corrin-junity IN-viclopment Depamnicni, Gounier; failure of the Contractor to receive or obtain such addenda shall not excuse them from compliance therewith if they are awarded the contract. ORAL INSTRUCTIONS OR INFORMATION CONCERNING THE CONTRACT, OR THE PROJECT GIVEN OUT BY OFFICERS, EMPLOYEES OR AGENTS OF THE CITY TO PROSPECTIVE BIDDERS SHALL NOT BIND THE CITY. 4. EXAMINATION OF CONTRACT,SITE OF WORKAND SUBSURFACE DATA A. Logs of test holes, test pits, soils reports, ground-water levels and other supplementary subsurface information are offered as information of underlying materials and conditions at the locations actually tested. Owner will not be liable for any loss sustained by the Bidder as a result of any variance between conditions contained in or interpretations of test reports and the actual conditions encountered during progress of the work. B. The City will not pay any costs incurred by any Bidder in the submission of a Bid,or in making necessary studies or designs for the preparation thereof,or for procuring or contracting for the items to be furnished under the Invitation to Bid. When submitting a bid, the Bidder agrees that consideration has been given to the requirements and conditions contained throughout these Bid Documents. C. Notice: It is further understood that a Bid awarded hereunder is subject to the City being able to comply with all zoning and land development ordinances or obtain rezoning of the property where necessary,and comply with local building code restrictions and conditions for structures contemplated in the project,any or all of which conditions may be contained in the Contract or Contract Special Provisions and if such conditions are not satisfied may result in termination of the Contract. S. FAMILIARITY WITH LAWS AND ORDINANCES A. The Bidder is presumed to be familiar with all Federal, State, and Local laws, ordinances,and regulations which in any manner affect those engaged or employed in the work or the materials or equipment used in the proposed construction, or which in any way affect the conduct of the work. If the Bidder, or Contractor, shall discover any provision in the Contract which is contrary to or inconsistent with any law, ordinance or regulation, it shall immediately be reported to the Owner in writing. 6. UNIT BIDS A. The estimate of quantities of work to be done under unit price bids is approximate and is given only as a basis of calculation for comparison of bids and award of the Contract. The City does not warrant that the actual amount of work will correspond to the amount as shown or estimated. Payment will be made at unit prices under a contract, only for work actually performed or materials actually furnished according to actual measurement that were necessary to complete the work. B. Bidders must include in their bid prices the entire cost of each item of work set forth in the Bid, and when, in the opinion of the City, the prices in any bid are obviously unbalanced,such bid may be rejected. 60 C '['he uni I,Conti-w-tprices for drevarrous laid hems of the contract shal,l be ful I compciusation ral- al I labor, uiaterials, supplies. eqiupt)jcQ toils and aH Ll-.nngs,Ofwhamcver noture are requited Ir be comooe incorporo6on of the Wri boo be work the Same as rhough the itorn were to read "In Phee," 7 Iff T11DR,4 l[VA L, WKWA 770IN OR A L TERA"'ON OF 811) ik Bids nny he mmWawn on writlen request received floor die bidders prior to the thrre Axed W:' openiog. The request draH be executed by the bidder of a dtltyauthorizcd mprescritative, The withdrawal ot'a bid does not prqudwe Me 61M o0k budder to Mca new Bid Neghgenecrare flee pan of Te BWd& in prepwirig It BW coalm no right for the withdrawal of lac;bid after it hus been apeted, The EN odd be inevocable until such time as he City'� 0 Specifically rqjects the Bid, aftd I AwaAs tare cont]"ICt to anothcr bidder add said conirmt A paw pc;rNnx=uWd, All bWs dmU raninh quta�vct to acceixanze by ihe Ckl for sixty (60)days after the date of be bid opening. R. Prior to Bid Opening, changes may be made pmvWed be chariger is 60inled by tho R41der or Ac BWdul apat If the Wlent or Uic BWda k twi cWwiy idoitifiable, t[w or(.0 advantageous to(Nuer vQJ prevarl No BWdor ww; "AhAzu a lid a0a kid apewng pinkss sixty (60'� ifia�s [)ao C ond d'IfQ 01y 11".1is mal 'mvor-Jiud "t comnicl A, To prolud 00"LeWity R�4'dic C01n),wLitive s(diCiLation tautens and latisurre fair tremmumof Biddcrw., 0ty will cam% emsWer Wher to pmtnit M,,,oivct, con-cclion or %vididlIM'd f()f certzrin mktakm, B, Treatment of'Mistnkes, City shall rwtnlk)w a Bidder Lo correct orwididmw a Did for an error in aril gmem, If the City discovers comain mistakes in a Bid after Openiog, bto befove Award of he Wma, Hic (!W nor y Wke Me NoQng Won: (a) City may,waive,m pumA a Wder to corred,and nor infunnal hy Aminarin6annality is a nu ter of Kni mther than substance That is evident on the face or bc Bid. or arl invigriMcurn nxistakc that can be, waived or corrected withOLVI prej,tidice to abler Bidders Ehamocs of minor Wrmahtics include as Bidder's ffidure to., (0 ULM die caaea numbor of Sheed Bkh ar- me camec, numn or aver docu men is re qu A d by M c Sod k awn Doc urmnt� (H) Sin Me Bid in be desWrimed block, provided as Signature appears, cNewhere in The Bid,evidencing an iment to be bound; and uii�,Ack now ledge rcceipt afan Addenda to Mc Solickation Doctanfeni,, provided[: it is cKu an be Nee ofthfBid UK the Bidder received the Adderidurnand interided lobe bound byhs tcrms,and he AAdwdurn riwoBvcd acid i notaflocl price,quan6ty cTdekvwy 01 (b) City may correct a clerical error if the error is evident on the face of the Bid, or other documents submitted with the Bid, and the Bidder confirms the City's correction in writing. A clerical error is a Bidder's error in transcribing its Bid. Examples include typographical mistakes, errors in extending unit prices, transposition errors, arithmetical errors, instances in which the intended correct unit or amount is evident by simple aritlunetic calculations(for example a missing unit price may be established by dividing the total price for the units by the quantity of units for that item or a missing, or incorrect total price for an item may be established by multiplying the unit price by the quantity when those figures are available in the Bid). In the event of a discrepancy,unit prices shall prevail over extended prices. (c) City may permit a Bidder to withdraw a Bid based on one or more clerical errors in the Bid only if the Bidder shows with objective proof and by clear and convincing evidence: (i) The nature of the error; (ii) That the error is not a minor informality under this subsection or an error in judgment; (iii)That the error cannot be corrected or waived under subparagraph (b) of this subsection; (iv)That the Bidder acted in good faith in submitting a Bid that contained the claimed error and in claiming that the alleged error in the Bid exists; (v) That the Bidder acted without gross negligence in submitting a Bid that contained a claimed error; (vi)That the Bidder will suffer substantial detriment if the City does not grant it permission to withdraw the Bid; (vii) That the City's or the public's status has not changed so significantly that relief from the forfeiture will work a substantial hardship on the City or the public it represents; and (viii) That the Bidder promptly gave notice of the claimed error to the City. (d) The criteria in subsection(c)above shall determine whether a City will pen-nit a Bidder to withdraw its Bid after Closing.These criteria also shall apply to the question whether an City will permit a Bidder to withdraw its Bid without forfeiture of its bid bond(or other bid security), or without liability to the City based on the difference between the amount of the Bidder's Bid and the amount of the Contract actually awarded by the City,whether by award to the next lowest Responsive and Responsible Bidder or the best Responsive and Responsible Proposer,or by resort to a new solicitation. C. Rejection for Mistakes. The City shall reject any Bid in which a mistake is evident on the face of the Bid and the intended correct Bid is not evident or cannot be substantiated from documents accompanying the Bid(i.e.,documents submitted with the Bid). 9. REJECTION OF BIDS a. The City may reject any Bid upon a finding that the Bid meets the criteria specified in OAR 137- 049-0440(1)(a) or(b) or has not provided the certification required under OAR 137-049-0440(3). The City shall reject a Bid from a Bidder who meets the criteria specified in OAR 137-049- 62 04,40(1)(0 The City tvayl, I-cm good catmm r jecr anY or all bids upon a findiing it is 1r; the pubhe intcrest to do so. In iiny case, bids are tech ked and,all bids are re voed, and [lie proposed conlracL is nwabandoned, tim, bids may be caHed fbr as, -1n, the first instance. The Ctty rwy,at its own disoretioll, walV'e Illfflor n it foritt'll l ties b, Thig Invitmion to, Bid doe% not commit the ('74Y to Pay any costs iolcurrod, by any Bidder In the subnlussiatt of as Bid, or in making, necessaty studics, sobsorfacc iliveslii,itions or desipiis fbir the preparation of a, Bid, or ('or procuring or contracting for the knis to be Cul-nished pursuant to the Contract Docilments. 'I he City reserves the rt,ght,to rt:jcci: G,uiy tut all. bids wheri such re'lection is,in the best initerest of the City of Ashland Bids maybe rtjeeted if they show aq attcratloa of Comt,additions not calted for, conditional Bids, incomplete Bids, emsures,or,irregularities rany kind. Wizen Bids are signed by an age art, ,odwr thin n the Dfficer,or,officers of a corporation autholIzed to sign contracts Olt its behalf,Ora inember of an partnership, a"Power of Atr0l-ney" must,be suhrrinued with the Bid ur oli file v,,ith the City Admirlisitrator prior lo operlirg- of bids otherwise, the Bid will be rejeclett as irregiilloar More than Inc Bidfromt an individual, firin, partnership, corporation, or colubination thereol'with all inwresil in mcwc Oran ow bid, (,,or Che hems, bid. will tic cawe Cot i,hc relievii(m of all Bids in whlchs,uch nuilvidmil, firni(, lmjrt nel:Oip., Corporntion. or" cornblillMiml, Illereof, is rnlerested lffh,ere is wason [o bckck C,thal Collosion cxims L,,,wmtj,, bidders, wnc ut"itic bids ol"dw pavuVi1ximls in Such Collusion kr,W be cojvsldctvd, aild All rll%l)l%Qd bVAS hQ IoQocd, 1""PCIs Ill wvllNcll plic0s, are obviatufly umbalarced nirjy he rejected liz, 811) PIRO IT78 1. /?,�A le 1 1;,",-wf)-u lfw/ B dders tvw,$ ill wlltinl pl(,14rsl o] 1equosl (A la n ge,, ol, any specifici-Ifions of Conlract [Cl'Ins in TIT C %61tell IN'rolest ot, reque"'L fray Charigos, must acmdaiwe wiO'� adopted Clty COU11'adIFIV, I'LACS. be, received bY the City go latcr itilan ten JAQ) calendu days lidor to thc Bid Closing Date, The, wrtilen protest ot xquesi shatl ijrjCjtlLjC 111C nrieasous for the pwIcst or request, and any pruposed chatiscs to the bid specifications or contract terms and a descriplion oll'ttle piviudicc to illic bidder. Elivelopes containinggliid protests shall, be marked "Contract Provilslon Prolects or Requeq1" with the Bit! Nulnber and (.1osing Date. No proicst algainst award, owing to, tile content of dic bid specifications or contract ternis shall, be considered after the dvadlitle esla,blishi;�,d for stitirmlling pl'CACSIS o�f"bid specificalio.'lls or Contract WrIms. /L ORS 654.150 EXEMPTIONS If ti-w Cowrim price is estimated (iternieed bid) of bid (Ilslt)p sums by Contractor Rk $1 pirwf,000 or mom,C ontraclor shall be responsible for,a]I costs(which costs shm R be inclulded in.the bid whether ot not as specific bid item,is provided therefore)that imay be incture hll com�plylng! with or secul"Ing exen'tiptioti or partial cxcnlp ion Ill ottil th,c rvqvirmnelus oil' ORS 654,I 50 (San itart' Faci fities, at C0115truction 11'rpsects- standards, cxcinpillons) auxt the rules adopled pursuam, thereto, De LC rill 1 rialle 11 oil' applicability, of OR 04,1511) to, the pro,icct is the solc responsibdity, of Ilic corttractor„ EXHIBIT K: NONDISCRIMINATION AND EQUAL OPPORTUNITY POLICY FOR CONTRACTORS CITY OF ASHLAND Nondiscrimination and Equal Opportunity Policy for Contractors 1. GENERAL POLICY OF NON-DISCRIMINATION It is the policy of the City of Ashland to promote equal opportunity to all persons regardless of race, religion,color,national origin,sex,age, marital status, handicap, or political affiliation, in respect to employment, public services, facilities and accommodations. This policy is reinforced by obligations assumed by the City as a condition of receipt of federal and state funds. This policy thus becomes an obligation which must be assumed by the Contractor as well. Because in some cases religion,sex,age,or disability may properly be the basis for denial or restriction of privileges with respect to employment, public services, facilities or accommodations, the following more specific obligations,terms,or conditions shall apply. 2. DISCRIMINATION BECA(ISE OF RELIGIO US BELIEF With respect to terms and conditions of employment and hiring only, the Contractor shall be deemed to have complied with the general obligation of according equal opportunity without regard to religion if every reasonable effort has been made to accommodate the particular religious beliefs or practices of an employee or applicant for employment,but such accommodation cannot be made without undue hardship to the employer. 3. DISCRIMINATION BECA(NE OF SEX With respect to terms and conditions of employment and hiring only, the Contractor shall be deemed to have complied with the general obligation of according equal opportunity notwithstanding any rule, standard, practice, or decision which accords an employee or applicant different treatment because of sex,if such rule,standard,practice,or decision is based upon a bona fide occupational qualification which the employer cannot, without undue hardship, modify or waive to accommodate the employee or applicant. With respect to public services, facilities, and accommodations the Contractor shall be deemed to have complied with the general obligation of according equal opportunity notwithstanding any rule, standard,practice, or decision which restricts or limits access to such on a basis of sex where: A. Physical facilities such as restrooms, bathing facilities, dressing rooms, etc. must be segregated on the basis of sex to accord personal privacy or comply with local, state, or federal law,or ordinance, or administrative regulation,or B. The content or subject matter of a program or service is clearly of benefit to persons of a particular sex only because it deals with medical, psychological, or sociological factors inherently linked to the characteristics of one sex only, or its effectiveness in providing benefit to persons of one sex would be unreasonably and adversely affected by the participation of persons of the opposite sex. 6 4. DLSCRIALIIN,4 HON BLC A US7,OF DI.SABJJJTY With respect to terms and conditions of employment and hiring only, the Contractor shall be deemed to have complied with the general obligation of according equal opportunity to persons who are physically or ientally disabled if every reasonable effort has been made to accommodate any physical or mental disabilities of an employee or applicant, but such accommodations cannot be made without undue hardship to the employer; or where, because of such disability, the employee or applicant cannot meet a bona fide occupational qualification that cannot be waived or modified without undue hardship to the employer. With respect to public services,facilities and accommodations only,the Contractor shall be deemed to have complied with the general obligation of according equal opportunity to persons who are physically or mentally disabled where: A. Architectural barriers limiting access to facilities owned or occupied by the Contractor cannot be eliminated without structural alterations, and arc permitted to remain under the provisions of the Oregon.State Structural Specialty Code; or B. A program or activity,viewed in its entirety, is readily accessible to and usable by persons who arc physically or mentally disabled. C. The purpose of tlic program, service, or facility is to provide a special benefit to persons characterised by a particular handicap in some respect specially rclatcd to the educational, medical,psychological, mobility, social or economic needs of persons so disabled. 5. With respect to terms and conditions of employment and hiring only, the Contractor shall be deemed to have complied with the general obligation of according equal opportunity regardless of age where: A. Certain positions include duties which must,by law or ordinance,be perfonned by persons over a certain age, and the employer cannot accommodate the employment of a person under that minimum age without undue hardship, B. The employee or applicant has passed any applicable age established by the Congress of the United States beyond which an employer may reiect an employment application or mandate an employee's retirement. With respect to public services, facilities, and accommodations only, the Contractor shall be deemed to have complied with the general obligation of according equal opportunity without regard to age where: A. The purpose of the service,facility,or accommodation is to benefit or serve persons under 18 years of age or their adult custodians in some respect specially related to the needs of such persons; or 05 B. The purpose of the service, facility, or accommodation is to benefit or serve persons 65 years of age or older in some respect specially related to the educational, medical, psychological,mobility, social,or economic needs common to persons of that age group. 6. DEFINITIONS As used in this Policy, there are several terms specifically defined in various federal, state, and local laws,ordinances,and administrative regulations applicable either because of the City's receipt of federal or state funds, or because they are general laws and ordinances prohibiting discrimination. In addition,judicial and administrative decisions have created an additional body of law further defining these terms in their application. Because of the magnitude and complexity of these various legal definitions and interpretations, it is not possible to provide exhaustive definitions herein. The Contractor should be guided by the following general rules: A. Where two separate legal definitions or interpretations may apply in a given situation, the one according the greatest degree of protection to the person entitled to their protection shall govern. B. "Disability" and"handicap" are intended to be synonymous. C. The Contractor is not entitled to advisory opinions or advice from City representatives as regards the specific application of this policy. It is up to the Contractor,and their own legal counsel to ascertain compliance with this policy, federal, state and local law. The City expressly disclaims any responsibility for the Contractor's reliance on advice or opinions given by City representatives. D. The Contractor is cautioned that restrictions in deeds, leases, collective bargaining agreements, and other contracts may not in every case justify an otherwise discriminatory act,policy,or practice.The Contractor must,at his own risk and expense,comply with this Policy regardless of contractual restrictions which do not justify Contractor's acts,policies, or practices. 7. ADVERTISING AND PROMOTIONAL MATERIAL A. In all advertising,postings,and promotional material relating to hiring,the Contractor shall include the following statement: It (name of contractor) is an equal opportunity employer and does not discriminate in hiring,promotion, layoff, discipline, transfer, compensation, or other terms of employment because of a person's race,religion,color,national origin,sex,age,marital status, handicap,or political affiliation." EXCEPTION: In"classified"advertising the Contractor need only include the statement"An Equal Opportunity Employer". B. In all advertising,postings, and promotional material relating to programs and services funded in whole or in part under a contract with the City of Ashland, the Contractor shall include the following statement: 60 "This (program or service as applicable) is open to all persons without regard to race, religion, color, national origin, sex, age, marital status, handicap or political affiliation. For further information about this equal opportunity policy, contact (name of contractor's representative) at(phone number) 8. RETALIATION The Contractor shall not, in any manner, accord different or unequal treatment to or in any way discriminate against any person because of such person's filing of or participation in any grievance or complaint of discrimination contrary to its policy,whether such grievance or complaint is logged with the City of Ashland, or any state or federal court or agency. 9. GRIEVANCE PROCEDURE During the term of this Contract, and for at least six months thereafter, the Contractor shall conspicuously display the attached "Notice: Your Rights to Have Discrimination Complaints Heard" in locations accessible to the public at its principal office and all other premises within the City of Ashland where it conducts any operations. Likewise, the Contractor shall fully cooperate with the designated representative of the City of Ashland and state and federal civil rights compliance agencies in investigating, mediating, and otherwise handling complaints or grievances concerning this Policy. 10. 1' /ATIONS Violation by the Contractor ol'any provision ol'this Policy may, in addition to any remedy accorded € an aggrieved person, be cause for termination of the Contract, d6armcut from participation in future City of Ashland contracts, or both. 11. CONIRAC TSDIRECTLY[VA'DEDBY],'EI)1_JW ORSTATEAGENCIES If this Contract is funded in whole or in part by federal or state grants, there may be imposed on the Contractor the additional obligation of"affirmative action" to ensure equal opportunity, and specific standards and reporting requirements to be met. "Affirmative action", in general, means taking positive and affirmative steps to involve historically disadvantaged classes of persons in the performance of the work or participation in the benefits of this Contract. These steps may include special recruitment efforts, specific goals as to percentages of such persons employed in certain Jobs, specific goals as to percentages of such persons employed in certain jobs, specific standards for the amount of work to be subcontracted to minority-owned businesses,etc. If there are such additional requirements beyond this policy, the Invitation for Bids will state: "This project is funded in whole or in part through (name of agency) Special equal opportunity requirements imposed by that agency are contained in the bid documents, and bidders are cautioned to examine them carefully in preparing their bids." r, EXHIBIT L: RESPONSIBLE BIDDER DETERMINATION FORM This form is to be completed and submitted by the City to the CCB(ORS 279C.375). It is included in the solicitation documents for Bidders' information only Project Name: Project Number: Bid Number: Business Entity(Bidder): CCB License Number: Form Submitted By(Contracting Agency): Form Submitted By(Contracting Agency Representative): Title: Date: The contracting agency has(check all of the following): ❑ Checked the list created by the Construction Contractors Board under ORS 701.227 for Bidders who are not qualified to hold a public improvement contract. ❑ Determined whether the Bidder has met the standards of responsibility. In so doing, the contracting agency has found that the Bidder demonstrated that the Bidder: ❑ Has available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain the resources and expertise, necessary to meet all contractual responsibilities. ❑ Holds current licenses that businesses or service professionals operating in this state must hold in order to undertake or perform the work specified in the contract. ❑ Is covered by liability insurance and other insurance in amounts required in the solicitation documents. ❑ Qualifies as a carrier-insured employer or a self-insured employer under ORS 656.407 or has elected coverage under ORS 656.128. ❑ Has disclosed the Bidder's first-tier subcontractors in accordance with ORS 279C.370. ❑ Has a satisfactory record of performance. ❑ Has a satisfactory record of integrity. ❑ Is legally qualified to contract with the contracting agency. ❑ Has supplied all necessary information in connection with the inquiry concerning responsibility. ❑ Determined the Bidder to be(check one of the following): ❑ Responsible under ORS 279C.375 (3)(a) and(b). ❑ Not responsible under ORS 279C.375 (3)(a)and(b). c8' EXHIBIT M: TECHNICAL SPECIFICATIONS EXHIBIT N: DRAWINGS 10 EXHIBIT O: ARPA MANDATORY CLAUSES CITY OF 'it pw Y-xSHLAND PART V- BID AND, BID SCHEDULE NAMEOFRIDDER ba�Wu.s Lll-G CONTACT AD 1)K L 8 8 14 65 $` ("ITY ScAr-ffl STATE 0 te- 71p 9111) TELEP'HONEW 02— FAXNO� OWL ADDRESS -1114ghIMAL GIAF� W^01 .o, or wid Coy Courici I 'I'D flic Howl,I[* May Hy Hall Csty of AsMand 20 kast mairli'stored AMA Gmgon 97520 In response to the City o["AshNud's Ind Won to Rkt dis BW kwthmitwdusanol'ki-bylbeundemignedio erm wo as wwo with me coy urAshhud Or MadAing aH permits, Whor, todit inaelriucq� amwHak, trarap onalion,eq u Imma avid savices of all.kind's required for,necessary Q unvasurrawy Kwermal un to cornplefloo ofall 1he wotk in C01,11110dion Willi,the Boostvr Purnp kWin Iniprovemenis Project No 2021-13b (1wivinaller "Project") for the City of AAAwid,Oregon,as dewribed In Hw cmitrad dowmenX MWAg Me gencral conditioun all amAlaime speini provisions, 19aus, speedications or any r1mulnents, Us o% is sdqmt to We WHowing devlarations as, to the acM, intentions and undei,siandings of the umderiNned and the ngreerutent;of Me Cky of Ashland to dw wrois and parities 1witin subinitted. I, The umduMped has thngfiarized ilseff with the nrums mut extew arthe aurtwo Igo curnews,me pyto work,the site,tire Why dw genetul wirre of swork to lac perfori-ired by,thre(,,'ity or others at the site that reintes lo the projevt work rquired by the Cnun met EMCUnrents, local conditions, und fekleral, .late,, and local L,aws an(] Regulations,that niany roariner may affect cost, progre!5,s, performance, or furorish,ing of' the projed ,work. 2, The undersigned has Warned andeavehillysludicd(or assurnes msponsibili(y foroblainigg and ca, y IvRIH studying) exandnagars, investigilion, ex 1,110 va I lurr, tests, and studies which perlaivi to the condiflons (subsurface 01. PhylSiCar]) at, or contigtivus, ft) fl)�c sare (including Nvithoul finvita,flon udlity or othcrwi.w and whkh ovy Wo the east, progress, puf6ramocc, or furnishingof the prRicet Nvork ws- Con(raettyr deeivis fleCe$Sary for file perrormance and fuirnshing ardie projml wul ul Mv Contrau We, within Me Contract Kim% wd in accordance with tlw other wrnis and condkions of the Contract Dtxutncirls; and no adtlitional or supplenreillary eunrinalion's, inv".tigations,explorations,tcqls,reports" or dadhr inInvatimi or dalm an!or mill bc mqWmd May("'Ontractor for Such pr1q,,u),ses, 3. The undersigned has notified the City of any conflicts, errors,ambiguities or discrepancies discovered in the Contract Documents, 4. A mandatory pre-bid meeting will be held. The meeting will start at the C'omnumity Development Building in Ashland (51 Winburn Way) at 9:00 AM on September 19"' 2024. The pic-bid meeting will travel to all three main work locations,ending at the Regional Pump Station near Phoenix. All statements made by the Contracting Agency's representatives shall be non-binding upon the Contracting Agency unless confirmed by written addendum. 5. It is understood that the City shall investigate and determine the qualifications of the apparent low responsive bidder prior to awarding the contract. The ('ity shall reject any bid by a n nqualified or disqualified bidder. The City of Ashland reserves the right to reject for any good cause any or all bids, waive formalities, or to accept any bid which appears to serve the best interests of the City. The City reserves the right to reject any bid not in compliance with all prescribed public bidding procedures and requirements and may reject all bids for good cause upon a finding that it is it) the public interest to do so. 1--valuation of bids will be based on minimum requirements established by the specifications and compliance with conditions ofthe Notice to Contractors and Invitation to Bid, and compliance with City public contracting rules. Additional evaluation criteria are as 1611ows: Demonstrated previous experience with a similar scope of'work. [)lease see paragraph 6 below. 6. As Pre-qualification the bidder shall submit a list of at least three (3) previous projects of similar scope to that described in this Invitation to Bid as part of their bid package. T The deadline to file a written protost oi"request,pursuant to the Instructions to Bidders to change contract terms,conditions or spccifi<<atiolls is not less than ten f ior to bid apt.ning. Bi<1 closing may he extended by the fity to consider a protest or request. i; ti. A11 ol,thc eonruct dociRunenls, includin};all plans, specilicmion , and drawinos have hcen exaiuined and ml examination of the .site of the proposed work, together with such imcATnitions as are accessary to determine the conditions to be encountered have been made by the undersigned and the terms and conditions of the contract and solicitation documents arc hereby accepted, and that if this Offer is accepted, the undersigned will contract with the City of Ashland, Oregon, in it firm substantially similar to that attached Agreement and agree to be bound to the terms and conditions of said contract and solicitation documents. 9. It is understood that the contract drawings may be supplemented by additional drawings and specifications in explanation and elaboration thereof and, if they are not in conflict with those referred to in paragraph I above,they shall have the same force and effect as though they were attached,and they shall be accepted as part of the contract when issued. 10. The undersigned agrees that upon written acceptance of this bid s/he will, within ten working days of receipt of such notice,exceule a formal contract agreement with the City. The undersigned further agrees that s/he will provide the following in order to execute the contract: • Bonds as described in Exhibit E • Insurance as described in FAIlibit C • Certilicalcs of(.'overage Im Workman Compensation and unemployment insurance. • All other bands, permits, licenses, information,eta, as required ill the contract documents. A checklist of'submittals needed prior to contract signing is provided for guidance within this I113. s It is undcolood that all the Nvoirk %011 be perrornwd tiolder a knnp sure or trail jaiev, basis and that liar the lump man or mk price all services, livitcrials, labor, equipoleal, and all work necosary to complele the pi-qject in accordrtme with dic plarts and quedRuJims Mull he NnOdicd For Ow Ad NnV sum or undt PHCC Imaick It is undmMood tinct dre quanfirks sitaled hi corniection wilh the price 'whedoic for the covNiew am itlopw4malcotAy and payment shall be We at the twit lKees nanial Car the actual qkarrtkics, incorpor.ated in the emmoded work IfIlterestiall be an itiocase irt, (Ire immail of wod ummved 4y die IVMP Stan price, it 5hull be cmuputed an a Ws of"extra work" Mr WhWh an borne hi p1maiH U411 havc been amined ard HAhcre is a thcrease in the lump munt pqnwm, U MmU be muh;o"I as as rewh of =90flatinin between the aird the Owner, Furtherinore. iii is,underitood that aay estitnate with ropeci to finle,mawrols,cilwPunent or amUce Hich way appear cni die pluns Ew A die specificarions is for Me We purpose of assisfing dic w0crQed W WWI the tardoiWoedl own indqtndont calcullvias and that of 110 Inve Shall tile undersigned a(terript it) hold tile 0%vnicv, Me ran,gfiver, orany catcher Persaiq ter l at axi-Parafion reqwinsibIc fav mq cirrots or oinissions that nlay rji)pear in any asafinalc 12, The imdersigned subiliks the tank parities as Haase at Wh he Nvdi perforivi rtrc� work involved. "ri,rer exictisions of tile t'0111,11111, headed "Unc 11MI S" air madc Nor the sale purImse or Ilicillitatfig bid conwadscins aMA r Mae am any digtreparicies bwYmen the uA gices and the tolal arnount shown, A vuht Ivices shall govenn. 13, '111c undcrsigned apva to Wish hbaq tools, nlac%con maltedals, tmiaqwWons, ecItlilmnent and synes or A Ws required ror, ilecessary Ar, or rcasonably rnidcnacfl to. coristiricti6n,of Ilos project, willi all appuricnant woit as mquired by Me PlAtIs and (If this ()ff, er for lbe arjjj r ol n hju 1 11) ,suni prices in the ""I lea SC1-IfJ)(JLF`, 14, In swUng prims, It is understood drat Me pdms inckg1v A ninfekils and work requo-al to ccamlAdc A, project i1navc0rdance Willi 1110coviti-aci Documents,A phins and tile spocificaGns. Ifany inaretial,han, or service required, by tfiv plans ajad specificwtions has not been mentioned specifically it] tile "BID SCHRDUIAP the now shaH be Ammished and placed Nvith llic taiderstanding that the Ibil acist in the Oty has been inerVd with the severall prices suited in the "BID SCHEDULE,"' i v vic cky mmet-ves tine right to coincel this sislicimlon or to relect any',,ind allt bids ri whoic or in parl When the Cawt`ej hajon J)j Injeedow is in Ow but wremsu or mr chy as deteriviiiiied 1a'y ['it. Oty itl RMYrdil"ACC wilt ORS 279RJOO 16., The foregoing pda; WE hiclode all labor, nialcvrals, q(uprocla" ovedvend, profit, insuranec, laid all other i0widental, oxpenscs to cover Ibis finishud wad of the several kpnds callefri r0c, 17, The undasifned shall hurnikh bonds required by tile specificatious and corriply willi the la%vs of the FeJewl (jovern.arcm, State of Oregon and flic Cities of,Astiland and Phoenix which are patitient to consiniction ounwicts or this nahwe even timugh such laws may not have been quoted or refcn-cd to iti the Spec i fie afic.)a S. l& Accortipanying this Offer is as certified check, cashices check or a bid bond, for Ole saila pf to A City of Ashbric! (Agorl, I 'for,lerl percent (10461 Or 111C Mal bill based upwa A esdnivic urcpuvoitics at the above price according to the conditions or the advenArvied. it ibis 00ir is eactmed by the City Ind tfic fitils it) exectite a AhMetary emmaci and bonds as stared in the Adve,10nerit within tell(101) kvorkin#days froir)the dcav, then die Uly tan .at A up%,detenninc that the ruldersigned hasalimWowd A emmact ari,d them upott this Offer shall be considered our;and voki,and the bid iccority'kiccoinpitaying this Offer, shall lie f'orreited to And beconle the I"),ralwfly of Me Chy ofAshlari& 10he bid is nor acceptcd, tile hid sucturPty accompanying ibis oit span he returned 10 1,11c ondcl-Agnal, 19, The undersigned agrees to comply with the provisions of ORS 279C.800 to 279C.870, the Oregon Prevailing Wagc law. The undersigned, as bidder, acknowledges that provisions of ORS 279C.800 to 279C.870 relating to workers on public works to be paid not less than prevailing rate of wage shall be included in the contract,or it the alternative, if the project is to be funded with federal funds and is subject to the Davis-Bacon Act (40 U.S.C. §276a), bidder agrees to comply with the Davis-Bacon Act requirements. The undersigned Contractor agrees to be bound by and will comply with the provisions of ORS 279C.838, 279C.840 or 40 U.S.C. 3141 to 3148. [OAR 137-049-0200(l)(tt)(J)]. 20. The undersigned certifies that the undersigned Contractor is not ineligible to receive a contract fora public work pursuant to ORS 279C.860 as well as the disqualification provisions of ORS 279C.440 and OAR 137-049-0370. Bidder further agrees, if awarded a contract, that every subcontractor will be eligible to receive it contract fora public work pursuant to ORS 279C,860. 21, 'The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. The bidder understands and acknowledges that it may be disqualified from bidding on this public improvement project as set Forth in OAR 137-049-0370, including but not limited to City discovery a misrepresentation or sham regarding it subcontract or that the Bidder has violated any requirement of ORS 279A.1 10 or the administrative rules implementing the Statute. 22. The undersigned agrees to initiate and complete this Project under the following conditions, as stated below, • "I-hc work shall commence within 30 _.__ days after (he City issues it written NoUCC to Proceed (NTP) physically or electronically. ® The avork shall be completed in all respects no liter than ikhiy 3I, 2026, accorditt,,� to tic "lineal completion" terms as outlined in Exhibit A, Section 22(b) ® hquidatcd damages sha11 be S 00 per dity for each and every day that exceeds May 31", 2026, rtr the fitaal ,ldjusted contract time. This amount is it 3cmaittc pre-cstiattation vi' the d�tnxtgcs expected because of delay in the completion of this project. 23. The undersigned bidder is registered with the Oregon Construction Contractors Board (C'CB), the registration is current and valid, anti the bidder's registration number is stated below. [OAR 137-049- 0230(I)] Bidder understands that failure to have it current CCB license shall result in rejection of this bid. 24. The undersigned bidder is licensed by the State Landscape Contractors Board, Y'applicable, the license is current and valid,and the bidder's registration number is stated below. [OAR 137-049-0200(1)(a)(K)] Bidder understands that failure to have a current LCB license shall result in rejection of this bid. 25, The undersigned is aware that no person may engage in any business within Ashland, Talent or Phoenix without first obtaining it City Business License and paying the fee prescribed pursuant to City of Ashland, City of Talent and City of Phoenix ordinance. The Contractor and their subcontractors shall obtain it City of Ashland, City of Talent or City of Phoenix Business License prior to beginning any work within respective city limits. 26, In determining the lowest responsible bidder, City shall, for the purpose of awarding the contract, add it percent increase on the bill of a non-resident bidder equal to the percent, if any, of the preference given to that bidder in the state in which the bidder resides. "Resident bidder" of Orcgon means it bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid, has it business address in this state and has stated in the bid that the 10 biidder is a""resin eni bidder"of the State of Oregon. "file arrtrlx r aippaaed rcpresellls llim/110,seir in this hid to Ile ekkes,a Rcsiiksu or a Nonresidiml bidder by completing Ric appropriate blank b0mv, The Wddcr is Ovisnol- 27, The underiigned Itereby mpresenis flual no Councilor,Contniissioller,afficer. apney 01'uniployce of the City of Ashland or Ciry' ,o,f Phovilix is per,%nuilly iuleues(ed direcily or 4idireelly M IN$Coutlact or the compollsalto'n It.) be PMd herrounctercostal thal no Statenicill or sialements,wol or iowrifing, Of tile CRY" its Counciloo", ("Onvinissioacirs, officers, agcots or cviployces, had i nduced hhWher to cniter into flans Contract,ani'l tile Ilapen maide as rpart of its,tern1s; 29, 'rile, undlersigpicd NaN not dircelly or indirmfly induced orsohvitcd omy persors to subvika fiflae cat �laanraan bid,()I,-rCrifi-11ill fivni bidding, The undersigived Cenifics that this bid ha�, been arrivul at independouly arnd submitwd watiout canneefioll Nvilly ally persoll" firill cir corilloralion making a bid ror the same watorill and is, in all respecls. hair and without co,flusio o' ffitud. .19, `fine undersigited confirms (hal this finn hos a Qmqhfied Drttg Testing Program, for eiriployees in place, and will dern onst rate this prior to award ofe(milract, [OAR 137-04M200(1)(c)(13)] 30, The undersigned coofirms Ihm if tkis Contract involves asbestos abatentoot or removal,tite bidder or 1116r, subconlractor is tieolstd am flier 016 468A.71 t)for mbewtos remova I, 3 1, The City of Miltand niay %vaive minor reject any bid melt in coinpliaoce vvi[h al I pres,cribed, public bidding proccdurc-S and,rciglumnivots.and tmay rqJect for goott Cause miy,or ail bkls i1poin 0,64(fing fftal it is in 111,0 pilblic intu"Ost,to (to so., 32, The widersigned c(mifirnis that this offer ins nol Contingent upom City's acupkinee ol�' any korovs and conditions othvi 1han thos'e.Coillained 6) 111!$ �"� 46NIOOO Mid thC DOCUMClItS., 13. "I'lie undersigil0d, by thc act of subtnitting as bid, all-ornis 1hat tiv.- undo-signed has 11,westiplied and is "'.1tisfied as to the Site subsurface condidon to he erveountered, as it) flic chaniclur, quallity mid quanfilics of work it),be performed and nuatorlal,s to bc ficriiished,and as to the requireliventi of tile Contract. 34, nio bidder underslands thait tile City reserve.q 1he i-iigfat to rnake civanto gcs to the Notice ki ("ontracion -es 'a ni) later than 3 liusinessd ys,prior to 11-ve hivilahon to BiLi and file i ,ull,lng,comract by written atk1cod ckming finivand date, Addenda will be posted to the Ora: miff website fix downioad, 11w bi(lder mum check the GregocHuys websike frecitwi,itly atifil closing, Thc bidder acknowledges that the, Addeoduni(s) fisted b4clow bave lx n revi,med onliric or a copy obtained and considered as par( of the subm1ittal of diis Offer mid Bid,SickdWe. ADI)ENDUM NUM11ER THROU614 NAVE MEN REVIEWFI), 15. The bidder underslands Ifiat tile City will he awarding ffic contrim to the Responsible Bidder with thc iowlest Rcs,ponsive, Bid per OAK 137-049-02UO(l)(b)(C), Whethu is bidder is responsible %vill be, deft,nnined by OR 279C,375 all(] tile C"ity's CompIC40111 of time allachod Biddcr Rcspomsibil4y Deten,vinatilon Forin(Exhibil 1J. 36. Instritefions for First-Tics Subco,mitractors Dilsctosore. Bidders are required todisclow in forivation almmi(ceria,111 Wbconhudurs Contrildilig directly with tile biddw-) whvn the Contract Inice exceeds $100,000 (Ste ORS 279(1:370), Sl,iccifwally, wimi the contract naloun(of a fiat-tier smbeantractaris penter than or cquiO tcl-, (i) 5%of' II the project bid,but at least$15,000,or(ii)$350,000 regardless of the percentage. Please see instructions found on the First "Pier Subcontractor Disclosure Form. THE, CITY WILL REJECT A BID IF THE BIDDER FAILS TO SUMMIT A PROPERLY COMPLETED DISCLOSURE FORA WITHIN TWO HOURS OF 1311)CLOSING. THIS DOCUv1ENT SHALL NOT BE 1•ANF.D. IT IS THE RESPONSIBILITY OF BIDDERS To SUBMIT THIS DISCLOSURE FORM AND ANY ADDI`hIONAL.SHEETS BY"1'HE DEADLINE,. The disclosure should be submitted on the First-Tier Subcontractor Disclosure Form attached to this Invitation to Bid. 37. Bidder Information ,and Sigraattu-c Firm Name of Bidder llgnature of Bidder --�AMW ! AGSpr., Printed Name of Bidder vo��g ?r4-,4��r v ^,-r Ofticia! "Title State of Incorporation ('CH Number Dtated this duty of (L_ >t)2-41. Nvuc of Bidder Address s-r ��T oR ?7,-"<!)l Telephone No. S(n.3-t> - �1 BP Item Station Description Unit ply Unit Ct Total Mobilization is j 2 E Demolition Work, i LI_0 In t ili Pumps,Moters andAnc,illar EqWpment 4 Iechardcal ork �s t13. X EVectrlcaIarad Automated ControlWork rs I Testing, Mart-pup and TrairrYN IS a f. eta Ilulilizati; ra lrastailll Pu ilps,Motor's and Ancillary met LS u l i - echanl a$Work Ls a � l 11 ne trical and Automated ` rdre l Work t t . , .,, oc 12 Testiira Start-up and Trainln to Demolition Workd� r D, Mechanical Work 16 Electrical and Automated antrol' Por 17 Te tira „'Start a and TraWng t t IS. aloud as Afl As-IBy lts and OW Data L t $ 4,0100 MO in f,IAA, vII.Ih4- hal t . Project pbule it,czlo a 'A Projecl Numbei IM01wWag Date__,, Nwou of HhhUng Confractor_ 1 1 AnY L L A El AUU ARE NOT SURHI 7 TO 711h, IXSCTOSURI,.°REQ()IR1,,-A-1EV7'S(Sh'L'INV'RUCT10AW) juna Nw.. n! QMh-w Amsma ............ ........... .................................. Fimi himic MOW Mww il .................. ........... .............................................. Vim) Ijlw .......... ............... !)i'-i i,i N a i ic ...... ................................................................................. M Sn'w Dollin Anioutit .................... Caw�,-ory of Work ..................... .................................................................. ............... FAn Name Doflw All-Iloula ........................................................................ ........... ...................................- ...................................................... ............. ............ .......... (Altach �'Iddifiolaal Nheels l Pad Laid a "oMraad Documents C�iH uuu �a�tkkr iu�luarma�tion on tlac ditst page,. Y1,ndicate amomo orbid bon: : in invaWsph 1 8. W&Me bidder AlRaus in PwA ra ph 6, j;j/1uatlic atau uu>aimber° of addenda mccivul in paragraph 34, ^ H in Wdder information and s gn paragi°uul; h 37. LZ Fill in unit pdam and m7wuamos Mr all bM llcm 2/ Fill in dic total bid aumo uw. iq d ➢ `dP a ,��"� '� !4' ,m E f«a "9 l,� u" 2. l"ir t Tier SUbcontmdar DisclIst; v I"'au-i 111It in tlu as form and iaackWc whk 0.;id schedule (or within 2 houLur3 of closing). . [Ed Bond 51 Mmvi lc 10% bid board on f0l'n iutclaudeld in ExInbil I Prcclau luldc tl �'W"Provide three (' ) exaunWIcs of lau evi u,us larc ccts sin liar in uaawtaurc to tht work, scope rlcaacu ihed in this Invitation to id as part ofbid package, EXII-11131"FE: BONDS (1411), PERFORMANCAT,, PAYMIEN"I") Bid Bond We. ....DSL BujI'dets,LLB �aaapaliniersbip dWY Organized,u" alwl oudiorizedl to I rm isact biiisi iacs�in the swic ol Oregon, a� `11RINCIPAI.,"and SdoWns Amaka a coquvtmicua or p-attlictsNp dudy mid atobarked lo Vansad huniness in die StMe of0i agora,'Is 118IJ jtjFj,v'1,1 1hemby joAdy owd sewrWy bhW ciumelves, ouv respeedve heirs,execum; adnQ610% uw"wws wid as�igns firnfly �y Illese preselAs [c) pay kinto 111C Cil'y of Aslikutd, Oregon, (0J;1X..;FE) the suvi of" (,$ 10% Ten Pei c�rii'Wfoi l A&W Bid 1r) Cflodrlw�'OwN mvl WOW" n, nu suNnUled h; ()M:rMr HwBooster Nimp Notion 1mpN%)vcj11VjljdS lqqMci 2021-13h, ",OW (Akr is Awnq"pWd hocht and nuide a part hervol, by 11his refecclicc, mid PiiorJIl)i'd is, lquired W kmkh Nd sIumby hmm ammint cquni lo = I 101h)pomn or,tomi mmom ol 111V Nd junwimso to 0RS Tom 16, ;Md HW(TY,YdAk uuWIM&W I"on mm,wwfmd Tw"nWnh. POW I HUR I K MAP, i I I he 0116, si Owl Ned by PH IN(I AL. 0 U"lj"W. MMI HAV V00110 PHISM0 W 1ho 0l 6 wi Vie I'll?I'NICIJI,All , md H Ow IWIN( 1141 owcM,mwh CDMINUA NMI MIS110,Wh I 00IJ .JIIIwl P"'I(olMIMI.X, JAIIII i1o"'ouiR Hjowki �� h"", 11),!, Bidjing mid ( IIII[Iralj do,: ,oNc0"; WOW sw 6"W S"JI'lud al'I'd fixed ,by Me lummiI dma M6 owvwwn AM he WIT oomwic h MM11 the, Vel I6lflIdI11CLv mmd IlWmwa %mik, A SURF I Y hmv4 agir" k) ply dw CAU I"MilAwwwoyhoO mw"M AwAh"d dwmgm wow" W"(M)QN dsuh RiPme. IN WITNILN'S MR WREOV,we finve sm"ed iWs hwument to he cmxn�fcdkind scaled by out duly aullwi jzxd legill represcritatives 1.11is 1001 dayof, 50ber 2024, SwAs Re CwpwMe Solti6ii'III� �iiiii Insurance CorpoiI DS�L Bui[ders LLC .......... Stirwy VAX!'nil 12DO M a hi Sum suds BOR Kansas Git,y, MO 64'!R, 19 5,P 1p P,5t, N 5 1 Qm, 0 R 9 7 ,'j X—d—dres s clwl WOW" ............ racystcwo A i W a4n tf 0 ve Agwrs mer or Wnmy Purst hu o"uhcd hemm iM PORTA NT— Somy aml cxw waling BUN DS muM aMmar on the Ti'camiry DepinlN icol's inost virivil IN (CAvilar 5,70 as anaended)4uid be m0lorized qo IrOnSFICI, 6LIShICS', !III 1111C SMIC(WOCCgoll, SWISS RE CORPORATE SOLUTIONS SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION("SRCSAIC-) SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION("SRCSPIC') WESTPORT INSURANCE CORPORATION("WIC-) GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT SRCSAIC,a corporation duly organized and existing under laws of the State of Missouri,and having its principal office in the City of Kansas City,Missouri,and SRCSPIC,a corporation organized and existing under the laws of the State of Missouri and having its principal office in the City of Kansas City,Missouri,and WIC,organized under the laws of the State of Missouri,and having its principal office in We City of Kansas City,Missouri,each does hereby make,constitute and appoint: DEREK A.SADOWSKI,TY MOFFETT,TRACY STEWART,and STACI O'DELL JOINTLY OR SEVERALLY its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of ONE HUNDRED TWENTY-FIVE MILLION($125,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 181h of November 2021 and WIC by written consent of its Executive Committee dated July 18,2011. "RESOLVED,that any two of the President,any Managing Director,any Senior Vice President,any Vice President,the Secretary or any Assistant Secretary be,and each or any of them hereby is,authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Corporation bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attomey or certificate bearing such facsimile signatures or facsimile seal shall be bindin¢uuon the Corporation when so affixed and in the future with regard to anv bond,undertaking or contract of surety to which it is attached." ,`J� tiS All qCq J1W�.P „�E,Qp'.h ;� � • :,:;_, ��:40RP1777g1 ��'pp''y `- ;40PP ORgl Sl`I By sasss ;8y's x~t Edk Ianntn�Seater Vice Prnideet of SRCSAIC&Smler Vice President $8 � _ _, SEAL S E A L ? arsRcspic&SeaferVieePreddmterWIC tLl �1973�.r ` �. .a a @ ( yyy,._�� 14 ...out a ':,s �'fsso� �yta '. By !y `••i`3':.".r•' '•ne,,,,*,,,o+` +, 5 * i,.s`� Cerad 7atmvssd,Vie"Prcddmi of SRCSAIC 6 vke Pnsidmt arSRiSPIC &Vice President orwic IN WITNESS WHEREOF,SRCSAIC,SRCSPIC,and WIC have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 10 day of NOVEMBER 20 22 Swiss Re Corporate Solutions America Insurance Corporation State of Illinois Swiss Re Corporate Solutions Premier insurance Corporation County of Cook ® Westport Insurance Corporation On this 10 day of NOVEMBER ,20 -,before me,a Notary Public personally appeared Erik Janssens,Senior.Vice President of SRCSAIC and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gerald Jagrowski,Vice President ofSRCSAIC and Vice President of SPCSPIC and Vice President of WIG,personally known to me,who being by me duly stvom,acknowledged that they signed the above Power of Attomey as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. 1,Jeff'rev Goldbgra.the duly elected Senior Vice President ans Assistant Secretary of SROSMC and SRCSPIC and WIC,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attomey givt-i by said SRCSAIC and SRCSPIC and WIC,which is still in full force and effect. iN WITNESS WHEREOF,i have set my hand and affixed die seals ofthe Companies 0Ais 1!dry of oaoeu 20 24 . !affray doldberg,Senior Vice President& Assistant Secretary of SRCSAIC and SRCSPIC and WiC 11� "`]N e ND RF1PF'RPN('J,'S Dsl� BlUILDI"RS JIAS' 1, PROTPX, � � I I I W(A)b Avenue Pump Sinflon d 111,11 rovw ilwn� ", Arch ()vtgon did AAi Col-MACICd Iglu j115,1:411 ild"vv 6,oq1o, puprip sLOP'm mid gemieTmut fol dmL: AWI C,�Jpc I)IMfu"11" \N, inclu mm n dn iAling ww Ir p kdfoviu gooermOo" C(PftnwAo c� w."J od or P.'u I wrAO b'N ui I ding"N I I's I od I I I e w pun m I 9" ilowl no I$Itq ds all I, dc.I I I&A I'd I f..'a"v it,I g I m m I I if])w;;I IN F1 v vtwr]I I or 202,1 M;irc.1 2025 OmWad Amomw, $431)'YW 1:111F'Imi MmNogcr Wapw S"Itge"I'vi R F,fo i o)c e k,i p I X I c I x Nn 1 03, 68,1 7 I USI-WAV' NoJonrall 11,'orem�cs Lab AS1,111111d, Orq '!on I)SI Jm) (IN)IIIII)ICte sclutk "Ind I TVA( impvw-comoli k-the kJS Vish .mod )XIddfift un illor NAlwail A011"mit V'orenwq Lab, INS ficifity IS A MMV'of Ow "Itt lab phm CJimes fixml ;#'Ctip'Mss ]RU, g'kobe. Work un rhc f41'dity had io curnawricc Nvah IMN, mwtttldmmllknrl 4")f On, LwlhtY III), IJSV'S� WAC w,.,ok iododed nvw I IVAC Imills, acm, d1dWt' olvw Iutdis, new fm utt! lumd c\k1usi IwIra "mut Iwu' au" comprossor L)'S I coNnIfluTall A Oic I IVAC assoctawd wak with rJuir Nnvti CN,OWS, fov vlr".(tgit%Il'vd conIvds" .*IaO Dfle/ Coollsdc1unN l)Ae� ',S,_-pEevJm: 202.2 C)co.,Am r 202,1 d'OrMAkA ANIMIN1,11, Nop"I"'N Nk w�vf" W"yw "m'y'cO' Rt'1 c R I.r Fur"� I')m 1 4 1 al MI ri;IF A)I t "A(i (I '1,4^IlI V j is I I i wudil^u N.0 w n,I,, I w?w'w'I lol (All "�N r"k mpwtatuudu.wl p OH mrmm':mt,J Ild I let w ko I CI B"19�I UA s'm Id H N I I I al CC puvnp spkew I, sumd InaOLwou w, I ntw )o&t "wJ hoON".1 v Ii I INIt"d ow flic dvsmti.tl, A(11v F'4%%C111I Iu 'W"l N :Nlld'I mrmigA 1.md Al rJivmjr j'Cj w0l dtowol�' tpu 1,knvi� t rcnvs. Sim I DwIe, / ("AmIlpicuoll L);vc-, ("kinbut 2,02 - S4q:Fn,Nnhcf 202�, C1,IIIII.aci Allioulm: S,W'500 PHN,A Virojtco Cost, 573 l 639 A 1q)N"r T'q'oc S'I'rppai NANA Miflop, (),A)Piolerl 11mNog.pr 97 d )`N5 0 74! J�j BUILDERS ARPA/SLFRF Required Contract Clauses Purpose: The purpose of this,reference is to assist ARPA grant award recipients bye. summarizing required contract clauses consistent with the federal Uniform Guidance requirements that are applicable to The State and Local Fiscal Recovery Funds(SLFRF) program as part of the American Rescue Plan Act(AR PA). As described in this document a "recipient'*is a,recipient of an APRA funded grant award ftom'business Oregon, The SURF awards are generally subject to'the requirements set forth, in the jh@_QftjVqAJ, an 6AudJ&R9qWWrNn99&'1QLEg-deral Awardp (commonly called "Uniform Guidance'), The "Uniform Guidance"'is the set of federal rules (administrative requirements,cost principles,and audit guidelines,) that apply to federal money. This includes requirerne�nts such, as the treatment of eligible uses of funds,procurement,and,reportingreq�irements. 212,aag see-, pg,Dage It,is the recipient's,responsibility to ensure all SLFRF award funds are used in compliance with these requirements. In addition, recipients should be mindful of any additional compliance obligations that may apply - for example,additional,restrictions imposed upon other sources of funds used in conjunction with SLFRFaward.funds, or statutes and regulations that may independently apply to water and sewer infrastructure projects. Contract Clause Checklist 'Directions: -Gujda,n,�e'il outlines the contract provisions that you must,place in contracts with bout contractors,and in contracts with subrecipients (if any). The,checklist below contains these standard clauses for,inclusion in contracts needed to utilize ARP A funds. Clauses for All Contracts: Creating a,contract that complies,with ARPArequirements must include the below sections as verbatim: 2/�ontractor must be registered in SAM.go v. -The Contractor shall register in the System for Award Management,(SAM),which is the primary registrant database foz the U.S. Federal Government and shall update the information at Least annually after the initial registration and,maintain,its status in the SAWthrough the'Term of this Agreement. Information regarding the process to register in the SAM can be obtained at Sam.gov Ef"Whistleblower- Contractor receiving ARPA funds shall under or through this contract post notice of the rights and remedies provided to whistleblowers under No Fear Act Pub. L. 107-174. 29 CFR § 1614.703 (d). Anspections;Information - Contractor shall permit,and cause its subcontractors to allow the State of Oregon,the federal government and any party designated by them to: • Examine,visit and inspect,at any and all reasonable times,the property, if any, constituting the Project. • Inspect and make copies of any accounts,books and records,including, without limitation, its records regarding receipts,disbursement,contracts, and any other matters relating to the Project,and to its financial standing, and shall supply such reports and information as reasonably requested. • Interview any officer or employee of the Contractor,or its subcontractors, regarding the Project. [l Equal Opportunity - Contractor shall comply with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). C'Copeland"Anti-Kickback"Act - Contractor shall comply with the Copeland"Anti- Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing,by any means, any person employed in the construction, completion,or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. 2 Debarment and Suspension(Executive Orders 12549 and 12689) - A contract award(see 2 CFR 180.220)must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp.,p. 189) and 12689 (3 CFR part 1989 Comp.,p. 235),"Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended,or otherwise excluded by agencies,as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. CJ_Prohibition on purchasing telecommunications or surveillance equipment, services,or systems. As required by 2 CFR 200.216,federal grant or loan recipients and subrecipients are prohibited from obligating or expending loan or grant funds to procure or obtain; extend or renew a contract to procure or obtain;or enter into a contract (or extend or renew a contract)to procure or obtain equipment,services,or systems that use covered telecommunications equipment,video surveillance services or services as a substantial or essential component of any system,or as critical technology as part of any system. As described in Public Law 115-232,section 889,covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation(or any subsidiary or affiliate of such entities). Prohibitions extend to the use of Federal funds by recipients and subrecipients to enter into a contract with an entity that"uses any equipment, system,or service that uses covered telecommunications equipment or services"as a substantial or essential component of any system, or as critical technology as part of any system.Certain equipment,systems,or services, including equipment,systems,or services produced or provided by entities subject to the prohibition are recorded in the System for Award Management exclusion list. © Preference to United States made goods. - As appropriate and to the extent consistent with law,the contractor should,to the greatest extent practicable under a Federal award, provide a preference for the purchase,acquisition,or use of goods,products,or materials produced in the United States (including but not limited to iron,aluminum, steel,cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: (1)"Produced in the United States"means,for iron and steel products,that all manufacturing processes,from the initial melting stage through the application of coatings,occurred in the United States. (2)"Manufactured products"means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum;plastics and polymer-based products such as polyvinyl chloride pipe;aggregates such as concrete;glass,including optical fiber; and lumber. Additional Clauses for Contracts Over$10,000: Creating a contract over S10,000 that complies with ARPA requirements must include the 7oitonal below sections as verbatim: curement of recovered materials over$10,000.-The Contractor must comply with section 6002 of the Solid Waste Disposal Act,as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable,consistent with maintaining a satisfactory level of competition,where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000;procuring solid waste management services in a manner that maximizes energy and resource recovery;and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Zg Termination for cause and for convenience - Contractor shall address termination for cause and for convenience,including the manner by which it will be affected and the basis for settlement. The Contract Owner shall have the option, in its sole discretion,to terminate this Agreement,at any time during the term hereof,for convenience and without cause. The Contract Owner shall exercise this option by giving Contractor written notice of termination. The notice shall specify the date on which termination shall become effective. Additional Clauses for Contracts Over $100,000: Creating a contract over$100,000 that complies with ARPA requirements must include the additional below section(s) as verbatim: 64 Certification form located in Appendix I. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding$1.00,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract,grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 21 Note:Only include for contracts that involve the employment of mechanics or laborers.The Contract Work Hours and Safety Standards Act requires all contractors— prime and sub—to pay laborers and mechanics performing on a federal service contract and federal and federally assisted construction contract over$100,000, 1.5 times their basic rate of pay for all hours worked over 40 in a workweek. Employers are liable to employees for these unpaid wages. The failure of a contractor to comply with this Act may also result in liability under the False Claims Act.Employees who are due unpaid wages under the Contract Work Hours and Safety Standards Act may file a complaint with the Wage and Hour Division within the U.S. Department of Labor. The DOL may then enforce the provisions of the Act against violators. Additional Clauses for Contracts Over$150,000: Creating a contract over 8150,000 that complies with ARPA requirements must include the additional below section(s) as verbatim: 0(Contractor shall comply with all applicable standards, orders,or requirements issued under section 306 of the Clean Air Act(42 U.S.C. 1857(h)),section 508 of the Clean Water Act (33 U.S.C. 1368),Executive Order 11738,and Environmental Protection Agency regulations (40 CFR part 15). Additional Clauses for Contracts Over$250,000 (the simplified acquisition threshold as of 2022): Creating a contract over S250,000 that complies with ARPA requirements must include the additional below section(s)as verbatim: ® Contracts for more than the simplified acquisition threshold,which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative,contractual,or legal remedies in instances where contractors violate or breach contract terms,and provide for such sanctions and penalties as appropriate. Upon any breach of this Agreement by Contractor,the Contract Owner shall have all remedies available to it both in equity and/or at law. Appendix I Certification Regarding Lobbying (Awards to Contractors and Subcontractors in Excess of $100,000) The undersigned certifies,to the best of his or her knowledge and belief,that: (1) No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal, amendment,or modification of any Federal contract, grant,loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan, or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants,and contracts under grants,loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less n$10,000 and not more than$100,000 for each such failure. Signed. `"""� Title: Date: --------- Client#: 155630 DSLBUIL DATE(MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 11/21/2024 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Kari Motley Propel Insurance PHONE 800 499-0933 FAX 866 577-1326 805 SW Broadway; Suite 2300 MA No,Ext: (A/c,No): ADDRESS: kari.motley@propelinsurance.com COM Construction INSURER(S)AFFORDING COVERAGE NAIC# Portland, OR 97205-3363 INSURERA:Alaska National Insurance Company 38733 INSURED INSURER B:SAIF Corporation 36196 DSL Builders LLC. INSURER C:Westchester Surplus Lines Insurance Co. 10172 195 Pine St NE INSURER D: Salem, OR 97301 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 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. ADDLSUBR LTR TYPE OF INSURANCE NSR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY 24JPS13435 10/04/2024 10/04/2025 EACH OCCURRENCE $1,000,000 CLAIMS-MADE [X OCCUR PREMI6ESOEaoNcurrDence $500,000 X PD Ded:5,000 MED EXP(Any one person) $15,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X JECT LOC PRODUCTS-COMP/OPAGG $2,000,000 PRO- OTHER: Wa Stop Gap $1,000,000 A AUTOMOBILE LIABILITY 24JAS13435 10/04/2024 10/04/202 (CEO,aBc,den SINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A X UMBRELLA LAB X OCCUR 24JLU13435 10/04/2024 10/04/2025 EACH OCCURRENCE $10 000 000 EXCESS LAB CLAIMS-MADE AGGREGATE $10 000 000 DED I X RETENTION$10000 $ B WORKERS COMPENSATION 752075-OR WC 10/01/2024 10/01/202 XTATUTE S EORH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Cont Pollution G74320788003 10/04/2024 10/04/202 2MM Occ/Agg; DED: $5K A Leased/Rented EQ 24JIA13435 10/04/2024 10/04/202 750,000/DED: $2,500 A Installation Fltr I I 24JIA13435 10/04/2024 10/04/202 600,000/DED: $5,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Project#2021-13b-Booster Pump Station Improvements. The City,and its agents, officers,and employees. Additional insured, primary and non-contributory basis and waiver of subrogation status applies per attached forms, if required by written contract. CERTIFICATE HOLDER CANCELLATION City f Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y o THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS. 20 E. Main Street Ashland, OR 97520 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S7042878/M6977382 KXS00 This page has been left blank intentionally. JV Alaska National INSURANCE (COMPANY ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — SCHEDULED PERSON OR ORGANIZATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Per written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage" occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or equipment 1. Your acts or omissions; or furnished in connection with such work, on the 2. The acts or omissions of those acting on your project (other than service, maintenance or behalf; repairs) to be performed by or on behalf of the in the performance of your ongoing operations for additional insured(s) at the location of the the additional insured(s) at the location(s) covered operations has been completed; or designated above. 2. That portion of "your work" out of which the However: injury or damage arises has been put to its intended use by any person or organization 1. The insurance afforded to such additional other than another contractor or subcontractor insured only applies to the extent permitted by engaged in performing operations for a principal law; and as a part of the same project. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 12 19 Page 1 of 2 JV Alaska National INSURANCE (COMPANY C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the applicable required by a contract or agreement, the most we limits of insurance. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective 10/04/2024 Policy No. 24J PS 13435 Insured DSL Builders, LLC. Endorsement No. 22 Countersigned By © Insurance Services, Office, Inc., 2018 CG 20 10 12 19 Page 2 of 2 JV Alaska National INSURANCE (COMPANY ADDITIONAL INSURED —OWNERS, LESSEES OR CONTRACTORS—COMPLETED OPERATIONS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Per written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II —Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) additional insureds, the following is added to Section III or organization(s) shown in the Schedule, but —Limits Of Insurance: only with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, required by a contract or agreement, the most we will by "your work" at the location designated and pay on behalf of the additional insured is the amount of described in the Schedule of this endorsement insurance: performed for that additional insured and 1. Required by the contract or agreement; or included in the "products-completed operations hazard". 2. Available under the applicable limits of insurance; However: whichever is less. 1. The insurance afforded to such additional This endorsement shall not increase the applicable insured only applies to the extent permitted limits of insurance. by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective 10/04/2024 Policy No. 24J PS 13435 Insured DSL Builders, LLC. Endorsement No. 23 Countersigned By © Insurance Services, Office, Inc., 2018 CG20371219 AlaskaJW al INSURANCE CO M PANY DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): All Projects Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by damages or under Coverage C for medical "occurrences" under Section I — Coverage A, and expenses shall reduce the Designated for all medical expenses caused by accidents Construction Project General Aggregate Limit under Section I — Coverage C, which can be for that designated construction project. Such attributed only to ongoing operations at a single payments shall not reduce the General designated construction project shown in the Aggregate Limit shown in the Declarations nor Schedule above: shall they reduce any other Designated 1. A separate Designated Construction Project Construction Project General Aggregate Limit General Aggregate Limit applies to each for any other designated construction project designated construction project, and that limit shown in the Schedule above. is equal to the amount of the General 4. The limits shown in the Declarations for Each Aggregate Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A, except General Aggregate Limit shown in the damages because of "bodily injury" or Declarations, such limits will be subject to the "property damage" included in the "products- applicable Designated Construction Project completed operations hazard", and for medical General Aggregate Limit. expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing "suits". CG 25 03 05 09 Page 1 of 2 AlaskaJV al INSURANCE CO M PANY B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "products-completed operations hazard" is "occurrences" under Section I — Coverage A, and provided, any payments for damages because of for all medical expenses caused by accidents "bodily injury"or"property damage" included in the under Section I — Coverage C, which cannot be "products-completed operations hazard" will attributed only to ongoing operations at a single reduce the Products-completed Operations designated construction project shown in the Aggregate Limit, and not reduce the General Schedule above: Aggregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned and under the General Aggregate Limit or the then restarted, or if the authorized contracting Products-completed Operations Aggregate parties deviate from plans, blueprints, designs, Limit, whichever is applicable; and specifications or timetables, the project will still be 2. Such payments shall not reduce any deemed to be the same construction project. Designated Construction Project General E. The provisions of Section III — Limits Of Insurance Aggregate Limit. not otherwise modified by this endorsement shall continue to apply as stipulated. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective 10/04/2024 Policy No. 24J PS 13435 Insured DSL Builders, LLC. Endorsement No. 24 Countersigned By © Insurance Services Office, Inc., 2008 CG 25 03 05 09 Page 2 of 2 This page has been left blank intentionally. CONTRACTORS' GENERAL LIABILITY ENHANCEMENT ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Part. SCHEDULE OF COVERAGES ARE SUMMARIZED BELOW 1. Miscellaneous Additional Insureds 13. Blanket Waiver of Subrogation 8 additional insured extensions. Waiver of subrogation where required by written contract or written agreement. Primary and Noncontributory Insurance 14. In Rem Actions 2. Damage To Premises Rented to You Limit increased to $500,000. 15. Voluntary Property Damage Limits added: $5,000 occurrence, $10,000 3. Medical Payments aggregate. Limits increased to $15,000. Reporting period increased to three years from 1. MISCELLANEOUS ADDITIONAL INSUREDS the date of accident. Section II Who Is An Insured is amended to 4. Non-owned Watercraft include as an additional Insured any person or Increased to 50 feet. organization described in Paragraphs 2.a. through 2.h. below whom you are required to add 5. Supplementary Payments as an additional insured on this policy under a Cost of bail bonds increased to $10,000. written contract or written agreement. However, Daily loss of earnings increased to $500. the written contract or written agreement must be: 6. Newly Formed Or Acquired Organizations 1. Currently in effect or becoming effective Coverage extended to the end of the policy period during the term of this policy; and or the next anniversary of this policy's effective date. 2. Executed prior to the "bodily injury", "property damage" or"personal injury and 7. Liberalization Clause advertising injury", but 8. Unintentional Failure To Disclose Hazards Only the following persons or organizations are additional insureds under this 9. Notice of Occurrence endorsement and coverage provided to such additional insureds is limited as provided 10. Broad Knowledge of Occurrence herein: 11. Bodily Injury- Extension of Coverage a. State or Governmental Agency or Subdivision or Political Subdivi- 12. Expected Or Intended Injury sions Reasonable force - bodily injury or property damage. ANIC GL 1187 08 21 Pagel of 7 Any state or governmental agency or (2) Structural alterations, new con- subdivision or political subdivision struction or demolition operations that has issued a permit in performed by or on behalf of connection with operations performed such additional insured. by you or on your behalf and that you are required by any ordinance, law or d. Mortgagee,Assignee or Receiver building code to include as an additional insured on this coverage A mortgagee, assignee or receiver part is an additional insured, but only but only with respect to their liability with respect to liability for "bodily as mortgagee, assignee, or receiver injury", "property damage", "personal and arising out of the ownership, and advertising injury" arising out of maintenance, or use of a premises by such operations. you. The insurance provided to such state This insurance does not apply to or political subdivision does not apply structural alterations, new construc- to any "bodily injury", "property tion or demolition operations damage" or"personal and advertising performed by or for such additional injury" arising out of operations insured. performed for that state or political subdivision. e. Owners or Other Interests From Whom Land Has Been Leased b. Controlling Interest An owner or other interest from whom Any persons or organizations with a land has been leased by you but only controlling interest in you but only with respect to liability arising out of with respect to their liability arising the ownership, maintenance or use of out of: that specific part of the land leased to you and subject to the following (1) Their financial control of you, or additional exclusions: (2) Premises they own, maintain or This insurance does not apply to: control while you lease or occupy these premises. (1) Any "occurrence" which takes place after you cease to lease This insurance does not apply to that land; or structural alterations, new construc- tion and demolition operations (2) Structural alterations, new con- performed by or for such additional struction or demolition operations insured. performed by or on behalf of such additional insured. c. Managers or Lessors of Premises f. Co-owner of Insured Premises A manager or lessor of premises but only with respect to liability arising out A co-owner of a premises co-owned of the ownership, maintenance or use by you and covered under this of that specific part of the premises insurance but only with respect to the leased to you and subject to the co-owners liability as co-owner of following additional exclusions: such premises. This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or ANIC GL 1187 08 21 Page 2 of 7 g. Lessor of Equipment Such person(s) or organization(s) is an additional insured only with Any person or organization from respect to liability for "bodily injury", whom you lease equipment. Such "property damage" or "personal and person or organization is an advertising injury" caused, in whole or additional insured only with respect to in part, by: their liability for "bodily injury", "property damage" or "personal and a. Your acts or omissions; or Advertising injury" caused, in whole or in part, by your maintenance, oper- b. The acts or omissions of ation or use of equipment leased to those acting on your behalf; you by such person or organization. or A person's or organization's status as an additional insured under this c. "Your Work" performed for endorsement ends when their written the additional insured contract or written agreement with described in Paragraph 1. or you for such leased equipment ends. 2. above and included in the "products-completed With respect to the insurance operations hazard." afforded these additional insureds, the following additional exclusions In the performance of your ongoing apply: operations or completed operations for the additional insured described in This insurance does not apply: Paragraph 1. or 2. above. (1) To any "occurrence" which takes However, the insurance afforded to place after the equipment lease such additional insured described expires; or above: (2) To "bodily injury", "property a. Only applies to the extent damage", or "personal and permitted by law; and advertising injury" arising out of the sole negligence of such b. Will not be broader than that additional insured. which you are required by the contract or agreement to h. Owners, Lessees or Contractors — provide for such additional Ongoing Operations and insured. Completed Operations 3. With respect to the insurance 1. Any person or organization for afforded to these additional whom you are performing insureds, the following additional operations or have performed exclusions apply: operations when you and such person or organization have This insurance does not apply to: agreed in writing in a contract or agreement that such person or 1. "Bodily injury", "property organization be added as an damage" or "personal and additional insured on your policy; advertising injury" arising out and of the rendering of, or the failure to render, any 2. Any other person or organization professional architectural, you are required to add as an engineering or surveying additional insured under the services, including: contract or agreement described in Paragraph 1. above. ANIC GL 1187 08 21 Page 3 of 7 a. The preparing, Section III - Limits of Insurance, the following is approving, or failing to added: prepare or approve, maps, shop drawings, With respect to the insurance afforded to the opinions, reports, additional insureds described in Paragraphs a. surveys, field orders, through h. above, the most we will pay on behalf change orders or of such additional insured is the amount of drawings and specifica- insurance: tions; or (1) Required by the contract or b. Supervisory, inspection, agreement; or architectural or engineering activities. (2) Available under the applicable Limits of Insurance shown in the This exclusion applies even if Declarations; the claims against any insured allege negligence or whichever is less. other wrongdoing in the supervision, hiring, employ- This provision shall not increase the applicable ment, training or monitoring Limits of Insurance shown in the Declaration. of others by that insured, if the "occurrence" which 2. Damage To Premises Rented to You caused the "bodily injury" or "property damage", or the SECTION III — LIMITS OF INSURANCE, offense which caused the Paragraph 6. is replaced by the following: "personal and advertising injury", involved the rendering 6. Subject to Paragraph 5. above, the of, or the failure to render, Damage to Premises Rented to You Limit any professional is the most we will pay under Coverage A architectural, engineering or for damages because of "property surveying services. damage" to any one premises, while rented to you, or in the case of damage Primary And Noncontributory Insurance by fire, while rented to you or temporarily occupied by you with permission of the The following is added to the Other Insurance owner. Condition and supersedes any provision to the contrary: If a limit is shown for Damage to Premises Rented to You the most we will pay under This insurance is primary to and will not seek Coverage A for damages because or "property contribution from any other insurance available to damage" to any one premises is the Limit shown an additional insured under your policy provided in the Declarations or $500,000, whichever is that: greater. (1) The additional insured is a 3. MEDICAL PAYMENTS Named Insured under such other insurance; and A. Section III — Limits of Insurance, Paragraph 7. is replaced by the following: (2) You have agreed in writing in a contract or agreement that this 7. Subject to Paragraph 5. above the insurance would be primary and Medical Expense Limit is the most we will would not seek contribution from pay under Coverage C for all medical any other insurance available to expenses because of "bodily injury" the additional insured. sustained by any one person. ANIC GL 1187 08 21 Page 4 of 7 If a limit is shown for Medical Expense in 5. SUPPLEMENTARY PAYMENTS the Declarations the most we will pay under Coverage C for all medical A. Under Section I -Supplementary Payments expenses because of "bodily injury" - Coverage A and B, Paragraph 1.b., the sustained by any one person is the Limit limit of$250 shown for the cost of bail bonds shown in the Declarations or $15,000, is replaced by $10,000; whichever is greater. B. In Paragraph 1.d., the limit of$250 shown for B. This provision 5. (Medical Payments) does daily loss of earnings is replaced by$500. not apply if Section I - Coverage C Medical Payments is excluded either by the 6. NEWLY FORMED OR ACQUIRED provisions of the Coverage Part or by ORGANIZATIONS endorsement. Paragraph 3.a. of Section II -Who Is An Insured C. Paragraph 1.a.(3)(b) of Section I - Coverage is deleted and replaced by the following: C - Medical Payments, is replaced by the following: Coverage under this provision is afforded only until the end of the policy period or the next (b) The expenses are incurred anniversary of this policy's effective date after you and reported to us within acquire or form the organization, whichever is three years of the date of the earlier. accident; and 7. LIBERALIZATION CLAUSE 4. NON-OWNED WATERCRAFT If we adopt a change in our forms or rules which A. If endorsement CG 21 09, CG 21 10, CG 24 would broaden coverage for contractors under 50, or CG 24 51 is attached to the policy, this endorsement without an additional premium Paragraph A. 2. g. (2) (b) is replaced by the charge, your policy will automatically provide the following: additional coverages as of the date the revision is effective in your state. (b) A watercraft that you do not own that is: 8. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS (i) Less than 50 feet long: and SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS — Paragraph 6. — (ii) Not being used to carry Representations is replaced by the following: persons or property for a charge. 6. Representations B. If Paragraph A. does not apply, Paragraph g. By accepting this policy, you agree: (2) of 2. EXCLUSION under SECTION I — COVERAGES, COVERAGE A — BODILY a. The statements in the Declarations are INJURY AND PROPERTY DAMAGE accurate and complete; LIABILITY is replaced by the following: b. Those statements are based upon (2) A watercraft that you do not own representations you made to us; and that is: c. We have issued this policy in reliance (a) Less than 50 feet long; and upon your representations. (b) Not being used to carry persons or property for a charge. ANIC GL 1187 08 21 Page 5 of 7 The unintentional omission of, or (4) A manager, if you are a limited unintentional error in, any information you liability company. provided to us which we relied upon in issuing this policy will not prejudice your 11. EXPANDED BODILY INJURY rights under this insurance. However, this provision does not affect our right to collect Section V - Definitions, the definition of "bodily additional premium or to exercise our rights of injury" is changed to read: cancellation or nonrenewal in accordance with applicable laws and regulations. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death, 9. NOTICE OF OCCURRENCE humiliation, shock, mental anguish or mental injury by that person at any time which results as The following is added to Paragraph 2. of Section a consequence of the bodily injury, sickness or IV - Commercial General Liability Conditions - disease. Duties In The Event of Occurrence, Offense, Claim or Suit: 12. EXPECTED OR INTENDED INJURY Your rights under this Coverage Part will not be Exclusion a. of Section I - Coverage A - Bodily prejudiced if you fail to give us notice of an Injury and Property Damage Liability is "occurrence", offense, claim or "suit" and that replaced by the following: failure is solely due to your reasonable belief that the "bodily injury" or "property damage" is not a. "Bodily injury" or "property damage" covered under this Coverage Part. However, you expected or intended from the shall give written notice of this "occurrence", standpoint of the insured. This offense, claim or "suit" to us as soon as you are exclusion does not apply to "bodily aware that this insurance may apply to such injury" or "property damage" resulting "occurrence", offense, claim or"suit." from the use of reasonable force to protect persons or property. 10. BROAD KNOWLEDGE OF OCCURRENCE 13. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 2. of Section IV - Commercial General Liability Conditions - The Transfer Of Rights Of Recovery Against Duties in The Event of Occurrence, Offense, Others To Us Condition (Section IV - Claim or Suit: Commercial General Liability Conditions) is amended by the addition of the following: You must give us or our authorized representative notice of an "occurrence", offense, claim, or "suit" We waive any right of recovery against any only when the "occurrence", offense, claim or person or organization, because of any payment "suit' is known to: we make under this Coverage Part, to whom the insured has waived its right of recovery in a (1) You, if you are an individual; written contract or agreement. Such waiver by us applies only to the extent that the insured has (2) A partner, if you are a waived its right of recovery against such person partnership; or organization prior to loss. (3) An executive officer or the employee designated by you to give such notice, if you are a corporation; or ANIC GL 1187 08 21 Page 6 of 7 14. IN REM ACTIONS For the purpose of this coverage only, Section I — Coverage A — Bodily Injury and Property Any action in rem against any vessel owned, Damage Liability 2. Exclusions J. (4.) is operated by or for, or chartered by or for you will deleted. be treated in the same manner as though the action were in personam against you. As respects coverage afforded under Voluntary Property Damage, the following is added to 15. VOLUNTARY PROPERTY DAMAGE Section III— Limits of Insurance: The following is added, Section I—Coverage A— Regardless of the number of insureds, claims or Bodily Injury and Property Damage Liability 1., "suits" brought, or persons or organizations Insuring Agreement: making claims or bringing "suits": We will pay, at your request, for "property 1. Subject to 2. Below, the most we will pay for damage" to property of others while in the care, "property damage" arising from any one custody or control of an insured, arising out of "occurrence" arising out of "property damage your business operations away from your to property of others caused by you and while insured premises for which this policy is written in your care, custody or control is $5,000. and occurring during the policy period. 2. The most we will pay for the sum of all However, the "property damage" must be the "property damage" in an annual policy period result of unintentional damage or destruction but is $10,000. This amount is part of and not in does not include disappearance, theft, or loss of addition to the General Aggregate Limit use. described in Paragraph 2. of Section III — Limits of Insurance. You agree with us that we shall have no duty to defend any claims and/or "suits" for which the only coverage provided is under this coverage extension. Includes copyrighted material of Insurance Services Office, Inc., with its permission ANIC GL 1187 08 21 Page 7 of 7 This page has been left blank intentionally. AN Alaska National INSURANCE COMPANY BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Various provisions in this endorsement restrict SECTION IV — Business Auto Conditions, coverage. Read the entire policy carefully to Paragraph A. 5. — Transfer of Rights of Recovery determine rights, duties, and what is and is not Against Others To Us is amended to include: covered. 5. Transfer of Rights of Recovery Against Throughout this policy, the words "you" and "your" Others to Us refer to the Named Insured shown in the Declarations. The words "we", "us", and "our" refer to This condition does not apply to any the company providing this insurance. person(s) or organization(s) to the extent that subrogation against that person or Other words and phrases that appear in quotation organization is waived prior to the "accident" marks have special meaning. Refer to SECTION V— or the "loss" under a contract with that person DEFINITIONS in the Business Auto Coverage Form. or organization. The coverages provided by this endorsement apply SECTION II — COVERED AUTO LIABILITY per "accident" and, unless otherwise specified, are COVERAGE, Paragraph A.2.a. (2) — Supplementary subject to all of the terms, conditions, exclusions and Payments is replaced by the following: deductible provisions of the policy, to which it is attached. (2) Up to $10,000 for cost of bail bonds (including bonds for related traffic law SECTION II — COVERED AUTO LIABILITY violations) required because of an COVERAGE, Paragraph A.1. Who Is An Insured is "accident" we cover. We do not have amended to include: to furnish these bonds. d. Any "employee" of yours while operating SECTION II — COVERED AUTO LIABILITY an "auto" hired or rented under a COVERAGE, Paragraph A.2.a. (4) — Supplementary contract or agreement in an "employee's" Payments is replaced by the following: name, with your permission, while performing duties related to the conduct (4) All reasonable expenses incurred by of your business. the "insured" at our request, including actual loss of earnings up to $500 a e. Any person or organization for whom you day because of time off from work. have agreed in writing to provide insurance such as is afforded by this Coverage Form, but only with respect to liability arising out of the ownership, maintenance or use of"autos" covered by this policy. If such person or organization has other insurance then this insurance is primary to and we will not seek contribution from the other insurance. ANIC CA 1150 10 13 Page 1 of 4 AN Alaska National INSURANCE COMPANY c. "Loss" caused by falling objects or SECTION II — COVERED AUTO LIABILITY missiles. COVERAGE, Paragraph A.2.c. —Voluntary Property Damage is added as follows: However, you have the option of having glass breakage caused by a covered "auto's" c. Voluntary Property Damage collision or overturn considered a "loss" under Collision Coverage. At your written request, we may make a voluntary payment for Property Damage Glass Repair—Waiver of Deductible caused by an "insured", but without liability to a third party, up to $25,000. We No deductible applies to glass breakage, if will not make a Voluntary Property the glass is repaired rather than replaced. Damage payment to anyone who is an "insured" under this policy. SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph AA.a. — Transportation Expenses is SECTION III — PHYSICAL DAMAGE COVERAGE, replaced by the following: Paragraph A.2. —Towing is replaced by the following: a. Transportation Expenses Towing We will pay up to $200 per day to a We will pay up to $500 for towing and labor maximum of $1,500 for temporary costs incurred each time a covered "auto" transportation expense incurred by you that is a: because of the total theft of a covered "auto"that is a: a. Private passenger; (1) Private passenger; b. Truck; (2) Truck; c. Pick-up truck; (3) Pick-up truck; d. Panel ; or (4) Panel; or e. Van type vehicle under 20,000 lbs. of Gross (5) Van Vehicle Weight is disabled. However, the type vehicle under 20,000 lbs. of Gross labor must be performed at place of Vehicle Weight. We will pay only for disablement. those covered "autos" for which you carry SECTION III — PHYSICAL DAMAGE COVERAGE, either Comprehensive or Specified Paragraph A.3. — Glass Breakage — Hitting a Bird Causes of Loss Coverage. We will pay or Animal — Falling Objects or Missiles is replaced for temporary transportation expenses by the following: incurred during the period beginning 48 hours after the theft and ending, Glass Breakage— Hitting a Bird or Animal regardless of the policy's expiration, — Falling Objects or Missiles when the covered "auto" is returned to use or we pay for its "loss". If you carry Comprehensive Coverage for the damaged covered "auto", we will pay the following under Comprehensive Coverage: a. Glass Breakage; b. "Loss" caused by hitting a bird or animal; and ANIC CA 1150 10 13 Page 2 of 4 AN Alaska National INSURANCE COMPANY (2) Specified Causes of Loss only if the SECTION III — PHYSICAL DAMAGE COVERAGE, Declarations indicate that Specified Paragraph AA.b. — Loss of Use Expenses is Causes of Loss Coverage is provided replaced by the following: for the "auto" withdrawn from service; or b. Loss of Use Expenses— Hired, Rented, (3) Collision only if the Declarations or Borrowed Automobiles indicate that Collision Coverage is provided for the "auto" withdrawn We will pay expenses for which an from service. "insured" becomes legally responsible to pay for loss of use of a vehicle hired, SECTION III — PHYSICAL DAMAGE COVERAGE, rented or borrowed without a driver under Paragraph AAA. — Airbag Coverage is added as a written rental contract or agreement. follows: We will pay for loss of use expenses, if caused by: d. Airbag Coverage (1) Other than Collision, only if the We will pay for the cost to repair, replace, Declarations indicate that or reset an airbag that inflates for any Comprehensive Coverage is provided reason other than as a result of a for the vehicle withdrawn from collision, if the Declarations indicate that service. the covered "auto" has Comprehensive Coverage or Specified Causes of Loss (2) Specified Causes of Loss only if the Coverage. Declarations indicate that Specified Causes of Loss Coverage is provided SECTION III — PHYSICAL DAMAGE COVERAGE, for the vehicle withdrawn from Paragraph AA.e. — Rental Reimbursement service. Coverage is added as follows: (3) Collision only if the Declarations e. Rental Reimbursement Coverage indicate that Collision Coverage is provided for the vehicle withdrawn We will pay up to $75 per day for rental from service. reimbursement expenses incurred by you for the rental of an "auto" because of However, the most we will pay for any "loss"to a covered "auto"that is a: expenses for loss of use is $200 per day, to a maximum of$1,500. (1) Private Passenger; SECTION III — PHYSICAL DAMAGE COVERAGE, (2) Truck; Paragraph AA.c. — Non-Transportation Loss of Use Expenses is added as follows: (3) Pick-up truck; c. Non-Transportation Loss of Use (4) Panel; or Expenses (5) Van We will pay up to $2,000 for non- transportation expense incurred by you, type vehicle under 20,000 lbs. of Gross because of "loss" to a covered "auto", if Vehicle Weight. Payment applies in caused by: addition to the otherwise applicable amount of each coverage you have on a (1) Other than Collision, only if the covered "auto". No deductibles apply to Declarations indicate that this coverage. Comprehensive Coverage is provided for the "auto"withdrawn from service; ANIC CA 1150 10 13 Page 3 of 4 Alaska National INSURANCE COMPANY (1) We will pay only for those expenses SECTION IV — BUSINESS AUTO CONDITIONS — incurred during the policy period Paragraph B.5.b. — Other Insurance is replaced by beginning 24 hours after the "loss" the following: and ending, regardless of the policy's expiration, with the lesser of the b. For Hired Auto Physical Damage following number of days: Coverage, the following are deemed to be covered "autos" you own: (a) The number of days reasonably required to repair or replace the (1) Any covered "auto" you lease, hire, covered "auto". rent, or borrow; and (b) 30 days. (2) Any covered "auto"" hired or rented by your "employee" under a contract (2) This coverage does not apply while in that individual "employee's" name, there are spare or reserve "autos" with your permission, while available to you for your operations. performing duties related to the conduct of your business. (3) The Rental Reimbursement Coverage described above does not However, any "auto" that is leased, hired, apply to a covered "auto" that is rented or borrowed with a driver is not a described or designated as a covered covered "auto". "auto" on Rental Reimbursement Coverage Form CA 99 23. SECTION V — DEFINITIONS — Paragraph C. — SECTION IV — BUSINESS AUTO CONDITIONS — "Bodily injury" is replaced by the following: Paragraph B.2. — Concealment, Misrepresentation Or Fraud is amended by adding Unintentional Failure C. "Bodily injury" means bodily injury, sickness or to Disclose Hazards at the end of Paragraph B.2. as disease sustained by a person including death or follows: mental anguish resulting from any of these. Mental anguish means any type of mental or Unintentional Failure to Disclose Hazards emotional illness or disease If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective Policy No. Insured Endorsement No. Countersigned By © Insurance Services Office, Inc., 2009 ANIC CA 1150 10 13 Page 4 of 4 JV Alaska National NSU RAN CE C0M' PANY ADDITIONAL INSUREDS PRIMARY AND NON-CONTRIBUTORY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART Paragraph a. of 5. Other Insurance of Section IV - (b) Intended to be excess of this Conditions is deleted and replaced by: insurance and non-contributory with this insurance as agreed under a 5. Other Insurance written contract or agreement into which you have entered that requires a. This insurance is excess over, and shall not that this insurance be primary and contribute with any of the other insurance, non-contributory. whether primary, excess, contingent or on any other basis. This condition will not apply Such insurance as is described in items (1) and to either: (2) above shall apply in excess of the Limits of Insurance of this Coverage Part and we will not (1) Other insurance that is specifically written seek contribution or indemnity from such as excess over this Coverage Part; or insurance for damages to which this Coverage Part applies. (2) Other insurance that is both: When this insurance is excess, we will have no (a) Issued to a Named Insured that is an duty under Coverages A or B to defend the additional insured under this insured against any "suit" if any other insurer has Coverage Part as described in a duty to defend the insured against that "suit". If paragraph 3. of Section II - Who Is no other insurer defends, we will undertake to do An Insured; and so, but will be entitled to the insured's rights against all those other insurers. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective 10/04/2024 Policy No. 24J LU 13435 Insured DSL Builders, LLC. Endorsement No. Countersigned By Includes copyrighted material of Insurance Services Office, Inc., with its permission ANIC CU 1149 11 15 JVAlaska National INSURANCE COMPANY WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART SCHEDULE Name Of Person(s) Or Organ ization(s): Per Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 9. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective 10/04/2024 Policy No. 24J LU 13435 Insured DSL Builders, LLC. Endorsement No. Countersigned By © Insurance Services Office, Inc., 2020 CU 24 03 12 20 JV Alaska National INSURANCE COMPANY COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Various provisions in this policy restrict coverage. Read No other obligation or liability to pay sums or the entire policy carefully to determine rights, duties perform acts or services is covered unless and what is and is not covered. explicitly provided for under Supplementary Throughout this policy the words "you" and "your" refer Payments—Coverages A and B. to the Named Insured shown in the Declarations, and b. This insurance applies to "bodily injury" or any other person or organization qualifying as a "property damage" that is subject to an Named Insured under this policy. The words "we", "us" applicable "retained limit". If any other limit, such and "our" refer to the company providing this as a sublimit, is specified in the "underlying insurance. insurance", this insurance does not apply to The word "insured" means any person or organization "bodily injury" or "property damage" arising out qualifying as such under Section II — Who Is An of that exposure unless that limit is specified in Insured. the Declarations under the Schedule of "underlying insurance". Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — c. This insurance applies to "bodily injury" and Definitions. "property damage" only if: SECTION I —COVERAGES (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place COVERAGE A— BODILY INJURY AND PROPERTY in the "coverage territory"; DAMAGE LIABILITY (2) The "bodily injury" or "property damage" 1. Insuring Agreement occurs during the policy period; and a. We will pay on behalf of the insured the (3) Prior to the policy period, no insured listed "ultimate net loss" in excess of the "retained under Paragraph 1.a. of Section II — Who Is limit" because of "bodily injury" or "property An Insured and no "employee" authorized by damage"to which this insurance applies. We will you to give or receive notice of an have the right and duty to defend the insured "occurrence" or claim, knew that the "bodily against any "suit" seeking damages for such injury" or"property damage" had occurred, in "bodily injury" or "property damage" when the whole or in part. If such a listed insured or "underlying insurance" does not provide authorized "employee" knew, prior to the coverage or the limits of underlying insurance policy period, that the "bodily injury" or have been exhausted. When we have no duty to "property damage" occurred, then any defend, we will have the right to defend, or to continuation, change or resumption of such participate in the defense of, the insured against "bodily injury" or"property damage" during or any other "suit" seeking damages to which this after the policy period will be deemed to insurance may apply. However, we will have no have been known prior to the policyperiod. duty to defend the insured against any "suit" d seeking damages for "bodily injury" or "property . "Bodily injury" or "property damage" which damage"to which this insurance does not apply. occurs during the policy period and was not, At our discretion, we may investigate any prior to the policy period, known to have occurrence that may involve this insurance occurred by any insured listed under Paragraph and settle any resultant claim or "suit" for which 1.a. of Section II — Who Is An Insured or any we have the duty to defend. But: "employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any (1) The amount we will pay for the "ultimate net continuation, change or resumption of that loss" is limited as described in Section III — "bodily injury" or "property damage" after the Limits Of Insurance; and end of the policy period. (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B. CU 00 01 04 13 Page 1 of 19 JV Alaska National INSURANCE COMPANY e. "Bodily injury" or "property damage" will be (b) Such attorneys' fees and litigation deemed to have been known to have occurred expenses are for defense of that party at the earliest time when any insured listed against a civil or alternative dispute under Paragraph 1.a. of Section II — Who Is An resolution proceeding in which damages Insured or any "employee" authorized by you to to which this insurance applies are give or receive notice of an "occurrence" or alleged. claim: c. Liquor Liability (1) Reports all, or any part, of the "bodily injury" "Bodily injury" or "property damage" for which or "property damage" to us or any other any insured may be held liable by reason of: insurer; (1) Causing or contributing to the intoxication of (2) Receives a written or verbal demand or claim any person; for damages because of the "bodily injury" or "property damage"; or (2) The furnishing of alcoholic beverages to a (3) Becomes aware by any other means that person under the legal drinking age or under "bodily injury" or "property damage" has the influence of alcohol; or occurred or has begun to occur. (3) Any statute, ordinance or regulation relating f. Damages because of "bodily injury" include to the sale, gift, distribution or use of damages claimed by any person or organization alcoholic beverages. for care, loss of services or death resulting at This exclusion applies even if the claims against any time from the "bodily injury". any insured allege negligence or other 2. Exclusions wrongdoing in: (a) The supervision, hiring, employment, This insurance does not apply to: training or monitoring of others by that a. Expected Or Intended Injury insured; or "Bodily injury" or"property damage" expected or (b) Providing or failing to provide intended from the standpoint of the insured. This transportation with respect to any person exclusion does not apply to "bodily injury" that may be under the influence of resulting from the use of reasonable force to alcohol; protect persons or property. if the "occurrence" which caused the "bodily b. Contractual Liability injury" or "property damage" involved that which "Bodily injury" or "property damage" for which is described in Paragraph (1), (2) or(3) above. the insured is obligated to pay damages by However, this exclusion applies only if you are in reason of the assumption of liability in a contract the business of manufacturing, distributing, or agreement. This exclusion does not apply to selling, serving or furnishing alcoholic liability for damages: beverages. For the purposes of this exclusion, (1) That the insured would have in the absence permitting a person to bring alcoholic beverages of the contract or agreement; or on your premises, for consumption on your premises, whether or not a fee is charged or a (2) Assumed in a contract or agreement that is license is required for such activity, is not by an "insured contract", provided the "bodily itself considered the business of selling, serving injury" or "property damage" occurs or furnishing alcoholic beverages. subsequent to the execution of the contract or agreement. Solely for the purposes of This exclusion does not apply to the extent that liability assumed in an "insured contract", valid "underlying insurance" for the liquor liability reasonable attorneys' fees and necessary risks described above exists or would have litigation expenses incurred by or for a party existed but for the exhaustion of underlying other than an insured are deemed to be limits for "bodily injury" and "property damage". damages because of "bodily injury" or To the extent this exclusion does not apply, the "property damage", provided: insurance provided under this Coverage Part for the liquor liability risks described above will (a) Liability to such party for, or for the cost follow the same provisions, exclusions and of, that party's defense has also been limitations that are contained in the applicable assumed in the same "insured contract"; "underlying insurance", unless otherwise and directed by this insurance. CLI 00 01 04 13 Page 2 of 19 JV Alaska National INSURANCE COMPANY d. Workers' Compensation And Similar Laws This exclusion does not apply to the extent that Any obligation of the insured under a workers' valid "underlying insurance" for the employer's compensation, disability benefits or liability risks described above exists or would unemployment compensation law or any similar have existed but for the exhaustion of underlying law. limits for "bodily injury". To the extent this exclusion does not apply, the insurance e. ERISA provided under this Coverage Part for the Any obligation of the insured under the employer's liability risks described above will Employee Retirement Income Security Act of follow the same provisions, exclusions and 1974 (ERISA), and any amendments thereto or limitations that are contained in the applicable any similar federal, state or local statute. "underlying insurance", unless otherwise f. Auto Coverages directed by this insurance. (1) "Bodily injury" or "property damage" arising h. Employment-related Practices out of the ownership, maintenance or use of "Bodily injury"to: any "auto"which is not a "covered auto"; or (1) A person arising out of any: (2) Any loss, cost or expense payable under or (a) Refusal to employ that person; resulting from any first-party physical damage coverage; no-fault law; personal (b) Termination of that person's employment; injury protection or auto medical payments or coverage; or uninsured or underinsured (c) Employment-related practices, policies, motorist law. acts or omissions, such as coercion, g. Employer's Liability demotion, evaluation, reassignment, discipline, defamation, harassment, "Bodily injury"to: humiliation, discrimination or malicious (1) An "employee" of the insured arising out of prosecution directed at that person; or and in the course of: (2) The spouse, child, parent, brother or sister of (a) Employment by the insured; or that person as a consequence of "bodily (b) Performing duties related to the conduct injury" to that person at whom any of the of the insured's business; or employment-related practices described in Paragraph (a), (b), or(c) above is directed. (2) The spouse, child, parent, brother or sister of This exclusion applies whether the injury- that "employee" as a consequence of causing event described in Paragraph (a), (b) or Paragraph (1) above. (c) above occurs before employment, during This exclusion applies whether the insured may employment or after employment of that person. be liable as an employer or in any other This exclusion applies whether the insured may capacity, and to any obligation to share be liable as an employer or in any other damages with or repay someone else who must pay damages because of the injury. capacity, and to any obligation to share damages with or repay someone else who must This exclusion does not apply to liability pay damages because of the injury. assumed by the insured under an insured i. Pollution contract". With respect to injury arising out of a "covered (1) "Bodily injury" or "property damage" which auto", this exclusion does not apply to "bodily would not have occurred in whole or part but injury" to domestic "employees" not entitled to for the actual, alleged or threatened workers' compensation benefits. For the discharge, dispersal; seepage, migration, purposes of this insurance, a domestic release or escape of pollutants at any time; "employee" is a person engaged in household or or domestic work performed principally in (2) "Pollution cost or expense". connection with a residence premises. CU 00 01 04 13 Page 3 of 19 JV Alaska National INSURANCE COMPANY This exclusion does not apply if valid "underlying (5) Aircraft that is: insurance" for the pollution liability risks (a) Chartered by, loaned to, or hired by you described above exists or would have existed with a paid crew; and but for the exhaustion of underlying limits for "bodily injury" and "property damage". To the (b) Not owned by any insured. extent this exclusion does not apply, the k. Racing Activities insurance provided under this Coverage Part for "Bodily injury" or "property damage" arising out the pollution risks described above will follow the of the use of"mobile equipment" or"autos" in, or same provisions, exclusions and limitations that while in practice for, or while being prepared for, are contained in the applicable "underlying insurance", unless otherwise directed by this racing, speed prearrangedany professional demol tion, or stunting activity or insurance. contest. j. Aircraft Or Watercraft I. War "Bodily injury" or "property damage" arising out "Bodily injury" or "property damage", however of the ownership, maintenance, use or caused, arising, directly or indirectly, out of: entrustment to others of any aircraft or watercraft owned or operated by or rented or (1) War, including undeclared or civil war; loaned to any insured. Use includes operation (2) Warlike action by a military force, including and "loading or unloading". action in hindering or defending against an This exclusion applies even if the claims against actual or expected attack, by any any insured allege negligence or other government, sovereign or other authority wrongdoing in the supervision, hiring, using military personnel or other agents; or employment, training or monitoring of others by (3) Insurrection, rebellion, revolution, usurped that insured, if the "occurrence" which caused power, or action taken by governmental the "bodily injury" or"property damage" involved authority in hindering or defending against the ownership, maintenance, use or entrustment any of these. to others of any aircraft or watercraft that is owned or operated by or rented or loaned to any m. Damage To Property insured. "Property damage"to: This exclusion does not apply to: (1) Property: (1) A watercraft while ashore on premises you (a) You own, rent, or occupy, including any own or rent; costs or expenses incurred by you, or any (2) A watercraft you do not own that is: other person, organization or entity, for repair, replacement, enhancement, (a) Less than 50 feet long; and restoration or maintenance of such (b) Not being used to carry persons or property for any reason, including property for a charge; prevention of injury to a person or (3) Liability assumed under any "insured damage to another's property; or contract" for the ownership, maintenance or (b) Owned or transported by the insured and use of aircraft or watercraft; arising out of the ownership, maintenance (4) The extent that valid "underlying insurance" or use of a "covered auto". for the aircraft or watercraft liability risks (2) Premises you sell, give away or abandon, if described above exists or would have the "property damage" arises out of any part existed but for the exhaustion of underlying of those premises; limits for"bodily injury" or"property damage". (3) Property loaned to you; To the extent this exclusion does not apply, (4) Personal property in the care, custody or the insurance provided under this Coverage control of the insured; Part for the aircraft or watercraft risks described above will follow the same (5) That particular part of real property on which provisions, exclusions and limitations that you or any contractors or subcontractors are contained in the "underlying insurance", working directly or indirectly on your behalf unless otherwise directed by this insurance; are performing operations, if the "property or damage" arises out of those operations; or CU 00 01 04 13 Page 4 of 19 JV Alaska National INSURANCE COMPANY (6) That particular part of any property that must (3) "Impaired property"; be restored, repaired or replaced because if such product, work, or property is withdrawn or "your work"was incorrectly performed on it. recalled from the market or from use by any Paragraph (2) of this exclusion does not apply if person or organization because of a known or the premises are "your work" and were never suspected defect, deficiency, inadequacy or occupied, rented or held for rental by you. dangerous condition in it. Paragraphs (1)(b), (3), (4), (5) and (6) of this r. Personal And Advertising Injury exclusion do not apply to liability assumed under "Bodily injury" arising out of "personal and a sidetrack agreement. advertising injury". Paragraphs (3) and (4) of this exclusion do not s. Professional Services apply to liability assumed under a written Trailer Interchange agreement. "Bodily injury" or "property damage" due to rendering of or failure to render any professional Paragraph (6) of this exclusion does not apply to"property damage" included in the "products- service. This includes but is not limited to: completed operations hazard". (1) Legal, accounting or advertising services; n. Damage To Your Product (2) Preparing, approving, or failing to prepare or "Property damage" to "your product" arising out approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders of it or any part of it. or drawings or specifications; o. Damage To Your Work (3) Inspection, supervision, quality control, "Property damage" to "your work" arising out of architectural or engineering activities done it or any part of it and included in the "products- by or for you on a project on which you serve completed operations hazard". as construction manager; This exclusion does not apply if the damaged (4) Engineering services, including related work or the work out of which the damage arises supervisory or inspection services; was performed on your behalf by a (5) Medical, surgical, dental, X-ray or nursing subcontractor. services treatment, advice or instruction; p. Damage To Impaired Property Or Property (6) Any health or therapeutic service treatment, Not Physically Injured advice or instruction; "Property damage" to "impaired property" or (7) Any service, treatment, advice or instruction property that has not been physically injured, for the purpose of appearance or skin arising out of: enhancement, hair removal or replacement, (1) A defect, deficiency, inadequacy or or personal grooming or therapy; dangerous condition in "your product" or (g) Any service, treatment, advice or instruction "your work"; or relating to physical fitness, including service, (2) A delay or failure by you or anyone acting on treatment, advice or instruction in connection your behalf to perform a contract or with diet, cardiovascular fitness, bodybuilding agreement in accordance with its terms. or physical training programs; This exclusion does not apply to the loss of use (9) Optometry or optical or hearing aid services of other property arising out of sudden and including the prescribing, preparation, fitting, accidental physical injury to "your product" or demonstration or distribution of ophthalmic "your work" after it has been put to its intended lenses and similar products or hearing aid use. devices; q. Recall Of Products, Work Or Impaired (10) Body piercing services; Property (11) Services in the practice of pharmacy; Damages claimed for any loss, cost or expense (12) Law enforcement or firefighting services; and incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, (13) Handling, embalming, disposal, burial, replacement, adjustment, removal or disposal cremation or disinterment of dead bodies. of: (1) "Your product"; (2) "Your work"; or CLI 00 01 04 13 Page 5 of 19 JV Alaska National INSURANCE COMPANY This exclusion applies even if the claims against COVERAGE B—PERSONAL AND ADVERTISING any insured allege negligence or other INJURY LIABILITY wrongdoing in the supervision, hiring, 1. Insuring Agreement employment, training or monitoring of others by that insured, if the "occurrence" which caused a. We will pay on behalf of the insured the the "bodily injury" or "property damage", "ultimate net loss" in excess of the "retained involved the rendering of or failure to render any limit" because of "personal and advertising professional service. injury" to which this insurance applies. We will have the right and duty to defend the insured t. Electronic Data against any "suit" seeking damages for such Damages arising out of the loss of, loss of use "personal and advertising injury" when the of, damage to, corruption of, inability to access "underlying insurance" does not provide or inability to manipulate electronic data. coverage or the limits of "underlying insurance" However, this exclusion does not apply to have been exhausted. When we have no duty to liability for damages because of"bodily injury". defend, we will have the right to defend, or to As used in this exclusion, electronic data means participate in the defense of, the insured against any other suit seeking damages to which this information, facts or programs stored as or on, insurance may apply. However, we will have no created or used on, or transmitted to or from duty to defend the insured against any "suit" computer software, including systems and seeking damages for "personal and advertising applications software, hard or floppy disks, CD- injury"to which this insurance does not apply. At ROMs, tapes, drives, cells, data processing our discretion, we may investigate any offense devices or any other media which are used with that may involve this insurance and settle any electronically controlled equipment. resultant claim or "suit" for which we have the This exclusion does not apply if valid "underlying duty to defend. But: insurance" for the electronic data risks described (1) The amount we will pay for the "ultimate net above exists or would have existed but for the loss" is limited as described in Section III — exhaustion of underlying limits for "bodily injury" Limits Of Insurance; and and "property damage". The insurance provided under this Coverage Part will follow the same (2) Our right and duty to defend end when we provisions, exclusions and limitations that are have used up the applicable limit of contained in the applicable "underlying insurance in the payment of judgments or insurance", unless otherwise directed by this settlements under Coverages A or B. insurance. No other obligation or liability to pay sums or u. Recording And Distribution Of Material Or perform acts or services is covered unless Information In Violation Of Law explicitly provided for under Supplementary "Bodily injury" or "property damage" arising Payments—Coverages A and B. directly or indirectly out of any action or b. This insurance applies to "personal and omission that violates or is alleged to violate: advertising injury"that is subject to an applicable "retained limit". If any other limit, such as a (1) The Telephone Consumer Protection Act sublimit, is specified in the "underlying (TCPA), including any amendment of or insurance", this insurance does not apply to addition to such law; "personal and advertising injury" arising out of (2) The CAN-SPAM Act of 2003, including any that exposure unless that limit is specified in the amendment of or addition to such law; Declarations under the Schedule of "underlying (3) The Fair Credit Reporting Act (FCRA), and insurance". any amendment of or addition to such law, c. This insurance applies to "personal and including the Fair and Accurate Credit advertising injury" caused by an offense arising Transactions Act (FACTA); or out of your business but only if the offense was (4) Any federal, state or local statute, ordinance committed in the "coverage territory" during the or regulation, other than the TCPA, CAN- policy period. SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. CU 00 01 04 13 Page 6 of 19 JV Alaska National INSURANCE COMPANY 2. Exclusions (9) Infringement Of Copyright, Patent, This insurance does not apply to: Trademark Or Trade Secret a. "Personal and advertising injury": Arising out of the infringement of copyright, 1 Knowing Violation Of Rights Of Another patent, trademark, trade secret or other ( ) g g intellectual property rights. Under this Caused by or at the direction of the insured exclusion, such other intellectual property with the knowledge that the act would violate rights do not include the use of another's the rights of another and would inflict advertising idea in your"advertisement". "personal and advertising injury". However, this exclusion does not apply to (2) Material Published With Knowledge Of infringement, in your "advertisement", of Falsity copyright, trade dress or slogan. Arising out of oral or written publication, in (10) Insureds In Media And Internet Type any manner, of material, if done by or at the Businesses direction of the insured with knowledge of its Committed by an insured whose business is: falsity. (a) Advertising, broadcasting, publishing or (3) Material Published Prior To Policy Period telecasting; Arising out of oral or written publication, in (b) Designing or determining content of web any manner, of material whose first sites for others; or publication took place before the beginning of the policy period. (c) An Internet search, access, content or service provider. (4) Criminal Acts However, this exclusion does not apply to Arising out of a criminal act committed by or Paragraphs 14.a., b. and c. of"personal and at the direction of the insured. advertising injury" under the Definitions (5) Contractual Liability section. For which the insured has assumed liability For the purposes of this exclusion, the in a contract or agreement. This exclusion placing of frames, borders or links, or does not apply to: advertising, for you or others anywhere on (a) Liability for damages that the insured the Internet, is not by itself, considered the would have in the absence of the contract business of advertising, broadcasting, or agreement. publishing or telecasting. (b) Liability for false arrest, detention or (11) Electronic Chatrooms Or Bulletin Boards imprisonment assumed in a contract or Arising out of an electronic chatroom or agreement. bulletin board the insured hosts, owns, or (6) Breach Of Contract over which the insured exercises control. Arising out of a breach of contract, except an (12) Unauthorized Use Of Another's Name Or implied contract to use another's advertising Product idea in your"advertisement". Arising out of the unauthorized use of (7) Quality Or Performance Of Goods— another's name or product in your e-mail Failure To Conform To Statements address, domain name or metatag, or any other similar tactics to mislead another's Arising out of the failure of goods, products potential customers. or services to conform with any statement of quality or performance made in your (13) Pollution "advertisement". Arising out of the actual, alleged or (8) Wrong Description Of Prices threatened discharge, dispersal, seepage, migration, release or escape of pollutants Arising out of the wrong description of the at any time. price of goods, products or services stated in your"advertisement". CU 00 01 04 13 Page 7 of 19 JV Alaska National INSURANCE COMPANY (14) Employment-related Practices (f) Any health or therapeutic service To: treatment, advice or instruction; (a) A person arising out of any: (g) Any service, treatment, advice or instruction for the purpose of appearance (i) Refusal to employ that person; or skin enhancement, hair removal or (ii) Termination of that person's replacement, or personal grooming or employment; or therapy; (iii) Employment-related practices, (h) Any service, treatment, advice or policies, acts or omissions, such as instruction relating to physical fitness, coercion, demotion, evaluation, including service, treatment, advice or reassignment, discipline, defamation, instruction in connection with diet, harassment, humiliation, cardiovascular fitness, bodybuilding or discrimination or malicious physical training programs; prosecution directed at that person; or (i) Optometry or optical or hearing aid (b) The spouse, child, parent, brother or services including the prescribing, sister of that person as a consequence of preparation, fitting, demonstration or "personal and advertising injury" to that distribution of ophthalmic lenses and person at whom any of the employment- similar products or hearing aid devices; related practices described in Paragraph (j) Body piercing services; (i), (ii) or(iii) above is directed. (k) Services in the practice of pharmacy; This exclusion applies whether the injury- causing event described in Paragraph (i), (ii) (I) Law enforcement or firefighting services; or (iii) above occurs before employment, and during employment or after employment of (m) Handling, embalming, disposal, burial, that person. cremation or disinterment of dead bodies. This exclusion applies whether the insured This exclusion applies even if the claims may be liable as an employer or in any other against any insured allege negligence or capacity, and to any obligation to share other wrongdoing in the supervision, hiring, damages with or repay someone else who employment, training or monitoring of others must pay damages because of the injury. by that insured, if the offense which caused (15) Professional Services the "personal and advertising injury", involved the rendering of or failure to render Arising out of the rendering of or failure to any professional service. render any professional service. This includes but is not limited to: (16) War (a) Legal, accounting or advertising services; However caused, arising, directly or (b) Preparing, approving, or failing to prepare indirectly, out of: or approve, maps, shop drawings, (a) War, including undeclared or civil war; opinions, reports, surveys, field orders, (b) Warlike action by a military force, change orders or drawings or including action in hindering or defending specifications; against an actual or expected attack, by (c) Inspection, supervision, quality control, any government, sovereign or other architectural or engineering activities authority using military personnel or other done by or for you on a project on which agents; or you serve as construction manager; (c) Insurrection, rebellion, revolution, (d) Engineering services, including related usurped power, or action taken by supervisory or inspection services; governmental authority in hindering or (e) Medical, surgical, dental, X-ray or nursing defending against any of these. services treatment, advice or instruction; CLI 00 01 04 13 Page 8 of 19 JV Alaska National INSURANCE COMPANY (17) Recording And Distribution Of Material Or f. Prejudgment interest awarded against the Information In Violation Of Law insured on that part of the judgment we pay. If Arising directly or indirectly out of any action we make an offer to pay the applicable limit of or omission that violates or is alleged to insurance, we will not pay any prejudgment violate: interest based on that period of time after the offer. (a) The Telephone Consumer Protection Act (TCPA), including any amendment of or g• All interest on the full amount of any judgment addition to such law; that accrues after entry of the judgment and before we have paid, offered to pay, or (b) The CAN-SPAM Act of 2003, including deposited in court the part of the judgment that any amendment of or addition to such is within the applicable limit of insurance. law; These payments will not reduce the limits of (c) The Fair Credit Reporting Act (FCRA), insurance. and any amendment of or addition to such law, including the Fair and Accurate 2. When we have the right but not the duty to defend Credit Transactions Act (FACTA); or the insured and elect to participate in the defense, we will pay our own expenses but will not contribute (d) Any federal, state or local statute, to the expenses of the insured or the "underlying ordinance or regulation, other than the insurer". TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that 3. If we defend an insured against a "suit" and an addresses, prohibits, or limits the printing, indemnitee of the insured is also named as a party dissemination, disposal, collecting, to the "suit", we will defend that indemnitee if all of recording, sending, transmitting, the following conditions are met: communicating or distribution of material a. The "suit" against the indemnitee seeks or information. damages for which the insured has assumed the b. "Pollution cost or expense". liability of the indemnitee in a contract or SUPPLEMENTARY PAYMENTS—COVERAGES A agreement that is an "insured contract"; AND B b. This insurance applies to such liability assumed 1. We will pay, with respect to any claim we by the insured; investigate or settle, or any "suit" against an insured c. The obligation to defend, or the cost of the we defend, when the duty to defend exists: defense of, that indemnitee, has also been assumed by the insured in the same "insured a. All expenses we incur. contract"; b. Up to $2,000 for cost of bail bonds (including d. The allegations in the "suit" and the information bonds for related traffic law violations) required we know about the "occurrence" are such that because of an "occurrence" we cover. We do no conflict appears to exist between the not have to furnish these bonds. interests of the insured and the interests of the c. The cost of bonds to release attachments, but indemnitee; only for bond amounts within the applicable limit e. The indemnitee and the insured ask us to of insurance. We do not have to furnish these conduct and control the defense of that bonds. indemnitee against such "suit" and agree that d. All reasonable expenses incurred by the insured we can assign the same counsel to defend the at our request to assist us in the investigation or insured and the indemnitee; and defense of the claim or "suit", including actual loss of earnings up to $250 a day because of time off from work. e. All court costs taxed against the insured in the "suit". However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. CU 00 01 04 13 Page 9 of 19 JV Alaska National INSURANCE COMPANY f. The indemnitee: (3) A limited liability company, you are an (1) Agrees in writing to: insured. Your members are also insureds, but only with respect to the conduct of your (a) Cooperate with us in the investigation, business. Your managers are insureds, but settlement or defense of the "suit"; only with respect to their duties as your (b) Immediately send us copies of any managers. demands, notices, summonses or legal (4) An organization other than a partnership, papers received in connection with the joint venture or limited liability company, you "suit"; are an insured. Your "executive officers" and (c) Notify any other insurer whose coverage directors are insureds, but only with respect is available to the indemnitee; and to their duties as your officers or directors. (d) Cooperate with us with respect to Your stockholders are also insureds, but only coordinating other applicable insurance with respect to their liability as stockholders. available to the indemnitee; and (5) A trust, you are an insured. Your trustees are (2) Provides us with written authorization to: also insureds, but only with respect to their duties as trustees. (a) Obtain records and other information b. Each of the following is also an insured: related to the "suit"; and (1) Your "volunteer workers" only while (b) Conduct and control the defense of the performing duties related to the conduct of indemnitee in such "suit". your business, or your "employees", other So long as the above conditions are met, attorneys' than either your "executive officers" (if you fees incurred by us in the defense of that are an organization other than a partnership, indemnitee, necessary litigation expenses incurred joint venture or limited liability company) or by us and necessary litigation expenses incurred by your managers (if you are a limited liability the indemnitee at our request will be paid as company), but only for acts within the scope Supplementary Payments. Notwithstanding the of their employment by you or while provisions of Paragraph 2.b.(2) of Section I — performing duties related to the conduct of Coverage A — Bodily Injury And Property Damage your business. However, none of these Liability, such payments will not be deemed to be "employees" or "volunteer workers" are damages for "bodily injury" and "property damage" insureds for: and will not reduce the limits of insurance. (a) "Bodily injury" or "personal and Our obligation to defend an insured's indemnitee advertising injury": and to pay for attorneys' fees and necessary (i) To you, to your partners or members litigation expenses as Supplementary Payments (if you are a partnership or joint ends when we have used up the applicable limit of venture), to your members (if you are insurance in the payment of judgments or a limited liability company), to a co- settlements or the conditions set forth above, or the "employee" in the course of his or her terms of the agreement described in Paragraph f. employment or performing duties above, are no longer met. related to the conduct of your SECTION II—WHO IS AN INSURED business or to your other "volunteer 1. Except for liability arising out of the ownership, workers" while performing duties maintenance or use of"covered autos": related to the conduct of your a. If you are designated in the Declarations as: business; (ii) To the spouse, child, parent, brother (1) An individual, you and your spouse are or sister of that co-"employee" or insureds, but only with respect to the conduct "volunteer worker" as a consequence of a business of which you are the sole of Paragraph (a)(i) above; or owner. (2) A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. CU 00 01 04 13 Page 10 of 19 Alaska National INSURANCE COMPANY (iii) For which there is any obligation to 2. Only with respect to liability arising out of the share damages with or repay ownership, maintenance or use of"covered autos": someone else who must pay a. You are an insured. damages because of the injury described in Paragraph (a)(i) or (ii) b. Anyone else while using with your permission a above. "covered auto" you own, hire or borrow is also (b) "Property damage"to property: an insured except: (i) Owned, occupied or used by; (1) The owner or anyone else from whom you hire or borrow a "covered auto". This (ii) Rented to, in the care, custody or exception does not apply if the "covered control of, or over which physical auto" is a trailer or semitrailer connected to a control is being exercised for any "covered auto" you own. purpose by; (2) Your "employee" if the "covered auto" is you, any of your "employees", "volunteer owned by that "employee" or a member of workers", any partner or member (if you his or her household. are a partnership or joint venture), or any (3) Someone using a "covered auto" while he or member (if you are a limited liability company). she is working in a business of selling, servicing, repairing, parking or storing (2) Any person (other than your employee or "autos" unless that business is yours. "volunteer worker"), or any organization while acting as your real estate manager. (4) Anyone other than your "employees", (3) Any person or organization having proper partners (if you are a partnership), members temporary custody of your property if you (if you are a limited liability company), or a die, but only: lessee or borrower or any of their "employees", while moving property to or (a) With respect to liability arising out of the from a "covered auto". maintenance or use of that property; and b Until our legal representative has been (5) A partner (if you are a partnership), or a ( ) Y 9 p member (if you are a limited liability appointed. company) for a "covered auto" owned by him (4) Your legal representative if you die, but only or her or a member of his or her household. with respect to duties as such. That (6) "Employees"with respect to "bodily injury"to: representative will have all your rights and (a) Any fellow "employee" of the insured duties under this Coverage Part. arising out of and in the course of the c. Any organization you newly acquire or form, fellow "employee's" employment or while other than a partnership, joint venture or limited performing duties related to the conduct liability company, and over which you maintain of your business; or ownership or majority interest, will qualify as a (b) The spouse, child, parent, brother or Named Insured if there is no other similar sister of that fellow "employee" as a insurance available to that organization. However: consequence of Paragraph (a) above. (1) Coverage under this provision is afforded c. Anyone liable for the conduct of an insured only until the 90th day after you acquire or described above is also an insured, but only to form the organization or the end of the policy the extent of that liability. period, whichever is earlier; (2) Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and (3) Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. CU 00 01 04 13 Page 11 of 19 JV Alaska National INSURANCE COMPANY 3. Any additional insured under any policy of 5. If there is "underlying insurance" with a policy "underlying insurance" will automatically be an period that is nonconcurrent with the policy period insured under this insurance. of this Commercial Liability Umbrella Coverage Subject to Section III — Limits Of Insurance, if Part, the "retained limit(s)" will only be reduced or coverage provided to the additional insured is exhausted by payments for: required by a contract or agreement, the most we a. "Bodily injury" or "property damage" which will pay on behalf of the additional insured is the occurs during the policy period of this Coverage amount of insurance: Part; or a. Required by the contract or agreement, less any b. "Personal and advertising injury" for offenses amounts payable by any "underlying insurance"; that are committed during the policy period of or this Coverage Part. b. Available under the applicable Limits of However, if any "underlying insurance" is written on Insurance shown in the Declarations; a claims-made basis, the "retained limit(s)" will only whichever is less. be reduced or exhausted by claims for that insurance that are made during the policy period, or Additional insured coverage provided by this any Extended Reporting Period, of this Coverage insurance will not be broader than coverage Part. provided by the "underlying insurance". The Aggregate Limit, as described in Paragraph 2. No person or organization is an insured with respect to above, applies separately to each consecutive annual the conduct of any current or past partnership, joint period and to any remaining period of less than 12 venture or limited liability company that is not shown as months, starting with the beginning of the policy period a Named Insured in the Declarations. shown in the Declarations, unless the policy period is SECTION III —LIMITS OF INSURANCE extended after issuance for an additional period of less 1. The Limits of Insurance shown in the Declarations than 12 months. In that case, the additional period will and the rules below fix the most we will pay be deemed part of the last preceding period for regardless of the number of: purposes of determining the Limits of Insurance. a. Insureds; SECTION IV—CONDITIONS b. Claims made, "suits" brought, or number of 1. Appeals vehicles involved; or If the "underlying insurer" or insured elects not to c. Persons or organizations making claims or appeal a judgment in excess of the "retained limit", bringing "suits". we may do ll also pay for taxable socourt at ucosts,r own ex pre- sand e. a psltnt jud 9e 2. The Aggregate Limit is the most we will pay for the interest and disbursements associated with such sum of all "ultimate net loss" under: appeal. In no event will this provision increase our a. Coverage A, except "ultimate net loss" because liability beyond the applicable Limits of Insurance of "bodily injury" or "property damage" arising described in Section III — Limits Of Insurance. out of the ownership, maintenance or use of a 2. Bankruptcy "covered auto"; and a. Bankruptcy Of Insured b. Coverage B. Bankruptcy or insolvency of the insured or of the 3. Subject to Paragraph 2. above, the Each insured's estate will not relieve us of our Occurrence Limit is the most we will pay for the obligations under this Coverage Part. sum of all "ultimate net loss" under Coverage A because of all "bodily injury" and "property damage" arising out of any one "occurrence". 4. Subject to Paragraph 2. above, the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all "ultimate net loss" because of all "personal and advertising injury" sustained by any one person or organization. CU 00 01 04 13 Page 12 of 19 JV Alaska National INSURANCE COMPANY b. Bankruptcy Of Underlying Insurer 4. Legal Action Against Us Bankruptcy or insolvency of the "underlying No person or organization has a right under this insurer" will not relieve us of our obligations Coverage Part: under this Coverage Part. a. To join us as a party or otherwise bring us into a However, this insurance will not replace the "suit" asking for damages from an insured; or "underlying insurance" in the event of bankruptcy or b. To sue us on this Coverage Part unless all of its insolvency of the underlying insurer". This terms have been fully complied with. insurance will apply as if the "underlying insurance" were in full effect. A person or organization may sue us to recover on an agreed settlement or on a final judgment against 3. Duties In The Event Of Occurrence, Offense, an insured; but we will not be liable for damages Claim Or Suit that are not payable under the terms of this a. You must see to it that we are notified as soon Coverage Part or that are in excess of the as practicable of an "occurrence" or an offense, applicable limit of insurance. An agreed settlement regardless of the amount, which may result in a means a settlement and release of liability signed claim. To the extent possible, notice should by us, the insured and the claimant or the include: claimant's legal representative. (1) How, when and where the "occurrence" or 5. Other Insurance offense took place; a. This insurance is excess over, and shall not (2) The names and addresses of any injured contribute with any of the other insurance, persons and witnesses; and whether primary, excess, contingent or on any (3) The nature and location of any injury or other basis. This condition will not apply to damage arising out of the "occurrence" or insurance specifically written as excess over this offense. Coverage Part. b. If a claim is made or "suit" is brought against When this insurance is excess, we will have no any insured, you must: duty under Coverages A or B to defend the (1) Immediately record the specifics of the claim insured against any "suit" if any other insurer „ has a duty to defend the insured against that or suit and the date received; and "suit". If no other insurer defends, we will (2) Notify us as soon as practicable. undertake to do so, but we will be entitled to the You must see to it that we receive written notice insured's rights against all those other insurers. of the claim or"suit" as soon as practicable. b. When this insurance is excess over other c. You and any other involved insured must: insurance, we will pay only our share of the (1) Immediately send us copies of any demands, "ultimate net loss"that exceeds the sum of: notices, summonses or legal papers (1) The total amount that all such other received in connection with the claim or insurance would pay for the loss in the "suit"; absence of the insurance provided under this (2) Authorize us to obtain records and other Coverage Part; and information; (2) The total of all deductible and self-insured amounts under all that other insurance. (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. CU 00 01 04 13 Page 13 of 19 JV Alaska National INSURANCE COMPANY 6. Premium Audit 10.When We Do Not Renew a. We will compute all premiums for this Coverage If we decide not to renew this Coverage Part, we Part in accordance with our rules and rates. will mail or deliver to the first Named Insured shown b. Premium shown in this Coverage Part as in the Declarations written notice of the nonrenewal advance premium is a deposit premium only. At not less than 30 days before the expiration date. the close of each audit period we will compute If notice is mailed, proof of mailing will be sufficient the earned premium for that period and send proof of notice. notice to the first Named Insured. The due date 11.Loss Payable for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of Liability under this Coverage Part does not apply to the advance and audit premiums paid for the a given claim unless and until: policy period is greater than the earned a. The insured or insured's "underlying insurer" has premium, we will return the excess to the first become obligated to pay the "retained limit"; and Named Insured. b. The obligation of the insured to pay the "ultimate c. The first Named Insured must keep records of net loss" in excess of the "retained limit" has the information we need for premium been determined by a final settlement or computation, and send us copies at such times judgment or written agreement among the as we may request. insured, claimant and us. 7. Representations Or Fraud 12.Transfer Of Defense By accepting this policy, you agree: When the underlying limits of insurance have been a. The statements in the Declarations are accurate used up in the payment of judgments or and complete; settlements, the duty to defend will be transferred to us. We will cooperate in the transfer of control to us b. Those statements are based upon of any outstanding claims or "suits" seeking representations you made to us; damages to which this insurance applies which c. We have issued this policy in reliance upon your would have been covered by the "underlying representations; and insurance" had the applicable limit not been used d. This policy is void in any case of fraud by you as up. it relates to this policy or any claim under this 13.Maintenance Of/Changes To Underlying policy. Insurance 8. Separation Of Insureds Any "underlying insurance" must be maintained in Except with respect to the Limits of Insurance, and full effect without reduction of coverage or limits any rights or duties specifically assigned in this except for the reduction of the aggregate limit in Coverage Part to the first Named Insured, this accordance with the provisions of such "underlying insurance applies: insurance" that results from payment of claims, settlement or judgments to which this insurance a. As if each Named Insured were the only Named applies. Insured; and Such exhaustion or reduction is not a failure to b. Separately to each insured against whom claim maintain "underlying insurance". Failure to maintain Y 9 is made or"suit" is brought. "underlying insurance" will not invalidate insurance 9. Transfer Of Rights Of Recovery Against Others provided under this Coverage Part, but insurance To Us provided under this Coverage Part will apply as if If the insured has rights to recover all or part of any the "underlying insurance"were in full effect. payment we have made under this Coverage Part, If there is an increase in the scope of coverage of those rights are transferred to us. The insured must any "underlying insurance" during the term of this do nothing after loss to impair them. At our request, policy, our liability will be no more than it would the insured will bring "suit" or transfer those rights have been if there had been no such increase. to us and help us enforce them. CU 00 01 04 13 Page 14 of 19 JV Alaska National INSURANCE COMPANY You must notify us in writing, as soon as SECTION V— DEFINITIONS practicable, if any "underlying insurance" is 1. "Advertisement" means a notice that is broadcast or cancelled, not renewed, replaced or otherwise published to the general public or specific market terminated, or if the limits or scope of coverage of segments about our goods, products or services any "underlying insurance" is changed. g y g for the purpose of attracting customers or 14.Expanded Coverage Territory supporters. For the purposes of this definition: a. If a "suit" is brought in a part of the "coverage a. Notices that are published include material territory" that is outside the United States of placed on the Internet or on similar electronic America (including its territories and means of communication; and possessions), Puerto Rico or Canada, and we b. Regarding web sites, only that part of a web site are prevented by law, or otherwise, from that is about your goods, products or services defending the insured, the insured will initiate a for the purposes of attracting customers or defense of the "suit". We will reimburse the supporters is considered an advertisement. insured, under Supplementary Payments, for any reasonable and necessary expenses 2. "Auto" means: incurred for the defense of a "suit" seeking a. A land motor vehicle, trailer or semitrailer damages to which this insurance applies, that designed for travel on public roads, including we would have paid had we been able to any attached machinery or equipment; or exercise our right and duty to defend. b. Any other land vehicle that is subject to a If the insured becomes legally obligated to pay compulsory or financial responsibility law or sums because of damages to which this other motor vehicle insurance law where it is insurance applies in a part of the "coverage licensed or principally garaged. territory" that is outside the United States of However, "auto" does not include "mobile America (including its territories and possessions), Puerto Rico or Canada, and we equipment". are prevented by law, or otherwise, from paying 3. "Bodily injury" means bodily injury, disability, such sums on the insured's behalf, we will sickness or disease sustained by a person, reimburse the insured for such sums. including death resulting from any of these at any b. All payments or reimbursements we make for time. "Bodily injury" includes mental anguish or damages because of judgments or settlements other mental injury resulting from bodily injury". will be made in U.S. currency at the prevailing 4. "Coverage territory" means anywhere in the world exchange rate at the time the insured became with the exception of any country or jurisdiction legally obligated to pay such sums. All payments which is subject to trade or other economic sanction or reimbursements we make for expenses under or embargo by the United States of America. Supplementary Payments will be made in U.S. 5. "Covered auto" means only those "autos" to which currency at the prevailing exchange rate at the "underlying insurance" applies. time the expenses were incurred. 6. "Employee" includes a "leased worker". "Employee" c. Any disputes between you and us as to whether does not include a "temporary worker". there is coverage under this policy must be filed 7 "Executive officer' means a person holding any of in the courts of the United States of America the officer positions created by your charter, (including its territories and possessions), constitution, bylaws or any other similar governing Canada or Puerto Rico. document. d. The insured must fully maintain any coverage g. "Impaired property" means tangible property, other required by law, regulation or other than "your product" or "your work", that cannot be governmental authority during the policy period, used or is less useful because: except for reduction of the aggregate limits due to payments of claims, judgments or a. It incorporates "your product" or"your work" that settlements. is known or thought to be defective, deficient, Failure to maintain such coverage required by inadequate or dangerous; or law, regulation or other governmental authority b. You have failed to fulfill the terms of a contract will not invalidate this insurance. However, this or agreement; insurance will apply as if the required coverage by law, regulation or other governmental authority was in full effect. CU 00 01 04 13 Page 15 of 19 JV Alaska National INSURANCE COMPANY if such property can be restored to use by the (3) That holds a person or organization engaged repair, replacement, adjustment or removal of"your in the business of transporting property by product" or"your work", or your fulfilling the terms of "auto" for hire harmless for your use of a the contract or agreement. "covered auto" over a route or territory that 9. "Insured contract" means: person or organization is authorized to serve a. A contract for a lease of premises. However, by public authority. that portion of the contract for a lease of 10."Leased worker" means a person leased to you by premises that indemnifies any person or a labor leasing firm under an agreement between organization for damage by fire to premises you and the labor leasing firm, to perform duties while rented to you or temporarily occupied by related to the conduct of your business. "Leased you with permission of the owner is not an worker" does not include a "temporary worker". "insured contract"; 11."Loading or unloading" means the handling of b. A sidetrack agreement; property: c. Any easement or license agreement, except in a. After it is moved from the place where it is connection with construction or demolition accepted for movement into or onto an aircraft, operations on or within 50 feet of a railroad; watercraft or"auto"; d. An obligation, as required by ordinance, to b. While it is in or on an aircraft, watercraft or indemnify a municipality, except in connection "auto"; or with work for a municipality; c. While it is being moved from an aircraft, e. An elevator maintenance agreement; watercraft or "auto" to the place where it is f. That part of any contract or agreement entered finally delivered; into, as part of your business, pertaining to the but "loading or unloading" does not include the rental or lease, by you or any of your movement of property by means of a mechanical "employees", of any "auto". However, such device, other than a hand truck, that is not attached contract or agreement shall not be considered to the aircraft, watercraft or"auto". an "insured contract" to the extent that it 12."Mobile equipment" means any of the following obligates you or any of your "employees" to pay types of land vehicles, including any attached for "property damage" to any "auto" rented or machinery or equipment: leased by you or any of your"employees". a. Bulldozers, farm machinery, forklifts and other g. That part of any other contract or agreement vehicles designed for use principally off public pertaining to your business (including an roads; indemnification of a municipality in connection b. Vehicles maintained for use solely on or next to with work performed for a municipality) under premises you own or rent; which you assume the tort liability of another party to pay for "bodily injury" or "property c. Vehicles that travel on crawler treads; damage" to a third person or organization. Tort d. Vehicles, whether self-propelled or not, liability means a liability that would be imposed maintained primarily to provide mobility to by law in the absence of any contract or permanently mounted: agreement. (1) Power cranes, shovels, loaders, diggers or Paragraphs f. and g. do not include that part of any drills; or contract or agreement: (2) Road construction or resurfacing equipment (1) That indemnifies a railroad for "bodily injury" such as graders, scrapers or rollers; or "property damage" arising out of e. Vehicles not described in Paragraph a., b., c. or construction or demolition operations, within d. above that are not self-propelled and are 50 feet of any railroad property and affecting maintained primarily to provide mobility to any railroad bridge or trestle, tracks, road- permanently attached equipment of the following beds, tunnel, underpass or crossing; types: (2) That pertains to the loan, lease or rental of an "auto" to you or any of your "employees", if the "auto" is loaned, leased or rented with a driver; or CLI 00 01 04 13 Page 16 of 19 JV Alaska National INSURANCE COMPANY (1) Air compressors, pumps and generators, f. The use of another's advertising idea in your including spraying, welding, building "advertisement"; or cleaning, geophysical exploration, lighting g. Infringing upon another's copyright, trade dress and well servicing equipment; or or slogan in your"advertisement". (2) Cherry pickers and similar devices used to 15."Pollutants" mean any solid, liquid, gaseous or raise or lower workers; thermal irritant or contaminant, including smoke, f. Vehicles not described in Paragraph a., b., c. or vapor, soot, fumes, acids, alkalis, chemicals and d. above maintained primarily for purposes other waste. Waste includes materials to be recycled, than the transportation of persons or cargo. reconditioned or reclaimed. However, self-propelled vehicles with the 16."Pollution cost or expense" means any loss, cost or following types of permanently attached expense arising out of any: equipment are not "mobile equipment" but will a. Request, demand, order or statutory or be considered "autos": regulatory requirement that any insured or (1) Equipment designed primarily for: others test for, monitor, clean up, remove, (a) Snow removal; contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, (b) Road maintenance, but not construction "pollutants"; or or resurfacing; or b. Claim or suit by or on behalf of a governmental (c) Street cleaning; authority for damages because of testing for, (2) Cherry pickers and similar devices mounted monitoring, cleaning up, removing, containing, on automobile or truck chassis and used to treating, detoxifying or neutralizing, or in any raise or lower workers; and way responding to, or assessing the effects of, (3) Air compressors, pumps and generators, "pollutants". including spraying, welding, building 17."Products-completed operations hazard": cleaning, geophysical exploration, lighting a. Includes all "bodily injury" and "property and well servicing equipment. damage" occurring away from premises you However, "mobile equipment" does not include own or rent and arising out of "your product" or land vehicles that are subject to a compulsory or "your work" except: financial responsibility law or other motor vehicle (1) Products that are still in your physical insurance law where it is licensed or principally possession; or garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor (2) Work that has not yet been completed or vehicle insurance law are considered "autos". abandoned. However, "your work" will be deemed completed at the earliest of the 13."Occurrence" means an accident, including following times: continuous or repeated exposure to substantially the same general harmful conditions. (a) When all of the work called for in your contract has been completed. 14."Personal and advertising injury" means injury, b including consequential "bodily injury", arising out of ( ) When all of the work to be done at the job one or more of the following offenses: site has been completed if your contract calls for work at more than one job site. a. False arrest, detention or imprisonment; (c) When that part of the work done at a job b. Malicious prosecution; site has been put to its intended use by c. The wrongful eviction from, wrongful entry into, any person or organization other than or invasion of the right of private occupancy of a another contractor or subcontractor room, dwelling or premises that a person working on the same project. occupies, committed by or on behalf of its Work that may need service, maintenance, owner, landlord or lessor; correction, repair or replacement, but which d. Oral or written publication, in any manner, of is otherwise complete, will be treated as material that slanders or libels a person or completed. organization or disparages a person's or organization's goods, products or services; e. Oral or written publication, in any manner, of material that violates a person's right of privacy; CLI 00 01 04 13 Page 17 of 19 JV Alaska National INSURANCE COMPANY b. Does not include "bodily injury" or "property 21."Suit" means a civil proceeding in which damages damage" arising out of: because of "bodily injury", "property damage" or (1) The transportation of property, unless the "personal and advertising injury" to which this injury or damage arises out of a condition in insurance applies are alleged. "Suit" includes: or on a vehicle not owned or operated by a. An arbitration proceeding in which such you, and that condition was created by the damages are claimed and to which the insured "loading or unloading" of that vehicle by any must submit or does submit with our consent; or insured; or b. Any other alternative dispute resolution (2) The existence of tools, uninstalled equipment proceeding in which such damages are claimed or abandoned or unused materials. and to which the insured submits with our 18."Property damage" means: consent or the "underlying insurer's" consent. a. Physical injury to tangible property, including all 22•"Temporary worker" means a person who is resulting loss of use of that property. All such furnished to you to substitute for a permanent loss of use shall be deemed to occur at the time "employee" on leave or to meet seasonal or short- of the physical injury that caused it; or term workload conditions. b. Loss of use of tangible property that is not 23."Ultimate net loss" means the total sum, after physically injured. All such loss of use shall be reduction for recoveries or salvages collectible, that deemed to occur at the time of the "occurrence" the insured becomes legally obligated to pay as that caused it. damages by reason of settlement or judgments or any arbitration or other alternate dispute method With respect to the ownership, maintenance or use entered into with our consent or the "underlying of "covered autos", property damage also includes insurer's" consent. "pollution cost or expense", but only to the extent that coverage exists under the "underlying 24."Underlying insurance" means any policies of insurance or would have existed but for the insurance listed in the Declarations under the exhaustion of the underlying limits. Schedule of"underlying insurance". For the purposes of this insurance, with respect to 25."Underlying insurer" means any insurer who other than the ownership, maintenance or use of provides any policy of insurance listed in the "covered autos", electronic data is not tangible Schedule of"underlying insurance". property. 26."Volunteer worker" means a person who is not your As used in this definition, electronic data means "employee", and who donates his or her work and information, facts or programs stored as or on, acts at the direction of and within the scope of created or used on, or transmitted to or from duties determined by you, and is not paid a fee, computer software (including systems and salary or other compensation by you or anyone else applications software), hard or floppy disks, CD- for their work performed for you. ROMs, tapes, drives, cells, data processing devices 27."Your product": or any other media which are used with a. Means: electronically controlled equipment. (1) Any goods or products, other than real 19."Retained limit" means the available limits of property, manufactured, sold, handled, "underlying insurance" scheduled in the distributed or disposed of by: Declarations or the self-insured retention", whichever applies. (a) You; 20."Self-insured retention" means the dollar amount (b) Others trading under your name; or listed in the Declarations that will be paid by the (c) A person or organization whose business insured before this insurance becomes applicable or assets you have acquired; and only with respect to "occurrences" or offenses not covered by the "underlying insurance". The "self- (2) Containers (other than vehicles), materials, insured retention" does not apply to "occurrences" parts or equipment furnished in connection with such goods or products. or offenses which would have been covered by "underlying insurance" but for the exhaustion of applicable limits. CU 00 01 04 13 Page 18 of 19 JV Alaska National INSURANCE COMPANY b. Includes: b. Includes: (1) Warranties or representations made at any (1) Warranties or representations made at any time with respect to the fitness, quality, time with respect to the fitness, quality, durability, performance or use of "your durability, performance or use of"your work"; product"; and and (2) The providing of or failure to provide (2) The providing of or failure to provide warnings or instructions. warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 28."Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. © Insurance Services Office, Inc., 2012 CU 00 01 04 13 Page 19 of 19 This page has been left blank intentionally. Westchester Westchester Surplus Lines Chubb Company INSURANCE COMPANY Environmental Policy Declarations THE DECLARATIONS, TOGETHER WITH THE COMPLETED AND SIGNED APPLICATION, THIS POLICY AND ANY ENDORSEMENTS OR SCHEDULES ATTACHED HERETO, CONSTITUTE THE INSURANCE POLICY. Policy Number: G74320788 003 Renewal of: G74320788 002 Item 1. Named Insured: DSL Builders, LLC 195 Pine St NE Salem, OR 97301 The Named Insured is a: ❑Individual ❑Partnership ❑Limited Liability Company ❑ Corporation ❑ Other: Item 2. Producer: AMWINS INSURANCE BROKERAGE LLC 601 UNION STREET, SUITE 1630 Seattle, WA 98101 244992 Item 3. Policy Period: Inception Date: 10/04/2024 Expiration Date: 10/04/2025 (12:01 A.M. Local time at the address shown in Item 1.) If"NOT INCLUDED" appears, then no such Coverage is provided under this policy. Item 4. Limits of Insurance: General Aggregate Limit: $2,000,000 Contractors Pollution Liability Coverage Part: $2,000,000 Each Pollution Condition Item 5. Deductible: Contractors Pollution Liability Coverage Part: $5,000 Each Pollution Condition Item 6. Advance Premium: $ Item 7. Rate: Flat/ Non Auditable Item 8. Estimated Basis: $30,000,000 (Estimated Revenue) Item 9. Retroactive Date: Contractors Pollution Liability Coverage Part: Not Applicable Item 10. Covered Locations: Not Applicable Item 11. Forms and Endorsements: Endorsements as listed on Schedule of Forms No. CPFS2 Item 12. JOHN JI, tw,UMC , Presi ent: Date: 10/04/2024 Authorized Representative ENV-1502(06-12) Page 1 of 1 Forms Schedule Company: Westchester Surplus Lines Insurance Company SYM: CPW Policy ID: G74320788 003 Policy Period When Coverage Begins: 10/04/2024 12:01 A.M. Local Time At Named Insured's Address When Coverage Ends: 10/04/2025 12:01 A.M. Local Time At Named Insured's Address Form Number Form Title WSG-084 (05/11) Surplus Lines Broker Notice SL-17901 (08/04) Oregon Surplus Lines Notification ENV-1502 (06/12) Environmental Policy Declarations LD-5S231 (04/22) Signatures (Surplus Lines) ENV-1200 (03/10) Contractors Pollution Liability Insurance Policy-Occurrence- Elite ENV-1231 (04/18) Non-Owned Disposal Site(s)Coverage Endorsement-Occurrence ENV-3103 (12/10) All Known or Reported Incidents Exclusion ENV-3127 (08/04) Operations Covered by Other Policies Exclusion ENV-3137 (08/04) Separate Defense Limit Endorsement- Contractors Pollution Liability Coverage ENV-3143 (03/05) Waiver of Transfer of Rights of Recovery Against Others to Us ENV-3146 (09/22) Transportation Pollution Liability Coverage Endorsement ENV-3147 (10/12) Global Program Solutions Amendatory (Foreign Indemnity) Endorsement ENV-3213 (04/20) Mold Sublimit Endorsement-Contractors Pollution Liability ENV-3223 (05/08) Prior Operations Exclusion -Contractors Pollution Liability ENV-3236 (03/15) Professional Liability Exclusion Amendment Endorsement ENV-3239 (10/21) Policy Changes Endorsement ENV-3244 (04/18) Catastrophe Management Coverage Endorsement ENV-3250 (12/18) Additional Insured Endorsement- Ongoing Work Or Operations ENV-3251 (12/18) Additional Insured Endorsement- Products-Completed Operations Hazard ENV-3253 (12/18) Primary And Noncontributory- Other Insurance Condition ENV-5100 (06/11) Asbestos Amendatory Endorsement ENV-5102 (10/04) Nuclear Hazard Liability Exclusion ENV-5519 (09/04) Earned Premium Endorsement-25% Minimum Earned ALL-20887 (10/06) CHUBB Producer Compensation Practices & Policies ALL-21101 (11/06) Trade or Economic Sanctions Endorsement ENV-9970 (01/15) Cap on Losses From Certified Acts of Terrorism ENVM-484 (03/22) Designated Country Limitation Endorsement IL-P001 (01/04) U.S. Treasury Departments' Office of Foreign Assets Control ("OFAC")Advisory Notice to Policyholders MA-608255e (04/15) Claims Directory- Umbrella/Excess Casualty/Environmental SL-34256b (04/23) Service of Suit Endorsement-Oregon TR-45231 a (08/20) Policyholder Disclosure- Notice of Terrorism Insurance Coverage CPfs2 (01/11) ©Chubb. 2016. All rights reserved. Page 1 of 1 Named Insured Endorsement Number DSL Builders, LLC Policy Symbol Policy Number Policy Period Effective Date of Endorsement CPW G74320788 003 10/04/2024 to 10/04/2025 10/04/2024 Issued By(Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization:As required by written contract, prior to a loss to which this insurance applies. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition is amended by the addition of the following: 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 injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products-completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. All other terms and conditions remain the same. ENV-3143(03-05) Includes copyrighted material of Insurance Services Office, Inc.with its permission Page 1 of 1 Westchester A c 1tubb(N)m paq ADDITIONAL INSURED ENDORSEMENT—ONGOING WORK OR OPERATIONS Named Insured Endorsement Number DSL Builders, LLC Policy Symbol Policy Number Policy Period Effective Date of Endorsement CPW G74320788 003 10/04/2024 to 10/04/2025 10/04/2024 Issued By(Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE: Name of Person(s)or Organization(s):As required by written contract,prior to a loss to which this insurance applies. (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured the persons or organizations shown in the Schedule,but only with respect to liability for injury or damage,to which this insurance applies, caused in,whole or in part,by: i. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insureds. However: i. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds,the following exclusion is added: Exclusions This insurance does not apply to injury or damage occurring after: a. All work or operations,including materials,parts or equipment furnished in connection with such work or operations, on the project (other than service, maintenance or repairs) to be performed by you or on your behalf at the site of the covered operations has been completed; or b. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for the additional insured as a part of the same project. ENV-3250(12/18) Includes copyrighted material of Insurance Services Office,Inc.with its permission Page 1 of 2 (221012.1) Westchester A c liubb(N)uipa C. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III—LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is the amount of insurance: i. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. ENV-3250(12/18) Includes copyrighted material of Insurance Services Office,Inc.with its permission Page 2 of 2 (221012.1) Westchester A Chubb,0ampanyF ADDITIONAL INSURED ENDORSEMENT—PRODUCTS-COMPLETED OPERATIONS HAZARD Named Insured Endorsement Number DSL Builders, LLC Policy Symbol Policy Number Policy Period Effective Date of Endorsement CPW G74320788 003 10/04/2024 to 10/04/2025 10/04/2024 Issued By(Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization(s): As required by written contract,prior to a loss to which this insurance applies. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. SECTION II — WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for injury or damage, to which this insurance applies, caused by or resulting from your work performed for that additional insured and included in the products-completed operations hazard, and only to the extent that such injury or damage is caused,in whole or in part,by your negligence or the negligence of those acting on your behalf. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III - LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: i. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. ENV-3251(12/18) Includes copyrighted material of Insurance Services Office,Inc.with its permission Page 1 of 1 (221012.2) Westchester PRIMARY AND NONCONTRIBUTORY—OTHER INSURANCE CONDITION Named Insured Endorsement Number DSL Builders,LLC Policy Symbol Policy Number Policy Period Effective Date of Endorsement CPW G74320788 003 10 04 2024 to 10 04 2025 10 04 2024 Issued By(Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: CONTRACTOR'S POLLUTION LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary and Noncontributory Insurance This policy is primary to, and will not seek contribution from, any other insurance available to an additional insured under this policy,provided that: a. The additional insured is a named insured under such other insurance; and b. The named insured has agreed in a written contract or agreement that this insurance would: (i) act as primary insurance; and (2)would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of this policy remain unchanged. ENV-3253(12-18) Includes copyrighted material of Insurance Services Office,Inc.with its permission Page 1 of 1 (266562.2) This page has been left blank intentionally. www.saif.com ■ saif Work. Life. Oregon. Carrier no: 20001 Endorsement no: WC000313 (Ed. 430B) SAIF policy: 752075 Dsl Builders LLC Waiver of Our Right to Recover from Others Endorsement 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 shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Description: ALL OPERATIONS Contractor name: Persons and/or organizations with whom the insured-employer is required by written contract to waive subrogation rights. This endorsement does not alter the rights of an injured worker to pursue recovery from another party or SAIF to receive a statutory share of recoveries by an injured worker, even from the party listed in the schedule. The premium charge for this endorsement is based on one (1) percent of your manual premium. Effective date: October 01, 2024 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Countersigned September 20, 2024 at Salem, Oregon � 7 WC000313 Chip Terhune (Ed. 430B) President and Chief Executive Officer 400 High Street SE Salem,OR 97312 P:800.285.8525 F:503.373.8020 Pol_PC1_E430B This page has been left blank intentionally.