Linking Agreement

City of Glendale — Special (2024-11-06)

Extracted text (via ocr_local) 42869 characters

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
SOILWORKS, LLC
FOR DUST CONTROL/SOIL STABILIZATION PRODUCTS AND SERVICES

This. Linking Agreement (“Agreement”) is. entered into as. of this day of , 2024, between the
City of Glendale, an Arizona municipal corporation (“City”), and Soilworks, LLC, an Arizona limited liability
company, authorized to do business‘in Arizona (“Contractor”), collectively, the “Parties.”

RECITALS

A. On August 1, 2024, Maricopa County, Arizona, a member of the $.A.V-E cooperative purchasing
Consortium of local governmental agencies across the state of Arizona, entered into'a contract with
Contractor to purchase the goods and services described in the Dust Control/Soil Stabilization
Contract No. 240145-C (“Cooperative Agreement”), which is attached hereto as Exhibit A. The
Cooperative Agreement allows its cooperative use by other governmental agencies, including the

City.

B. Section 2-149 of the City’s Procurement Code permits the Materials Manager to procure goods and
services by participating with other governmental units in, cooperative purchasing agreements when
the best interests of the City would be served.

Cc. Section 2-149 also provides that the Materials Manager may-enter into such cooperative agreements
without meeting the formal or informal solicitation and bid requirements of Glendale City Code
Sections 2-145 and 2-146.

D. The City wishes to contract with Contractor for supplies or services identical to those being provided
to other units of government under the Cooperative Agreement. Contractor consents to the City’s
cooperative use.of the terms and conditions of the Cooperative Agreement, and agrees to ptovide
the supplies and setvices set forth in the Statement of Work appended hereto as Exhibit B.

AGREEMENT

NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated by reference, and
the covenants and promises contained in this Linking Agreement, the parties agree as follows:

1. Tetm of Agreement.

A. As provided in the Cooperative Agreement, purchases can be made by governmental entities
from the date of award, which was August 1, 2024, until the date the contract terminates on
July 31, 2025, unless. the term is extended by mutual agreement of the parties to the
Cooperative Agteernent. The Cooperative Agreement, however, may not be extended
beyond July 31,2030. The initial period of this Agreement is the period from the Effective
Date of this Agreement until July 31, 2025.

B. The City may extend the term of this Agreement for five (5) additional one-year terms if the
Cooperative Agreement is likewise extended and the City gives the Contractor notice that it
is exercising its option-to extend this Agreement 30 days prior to the anniversary of the

1
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Effective Date. Glendale extensions are not automatic and shall only occur if the City
affirmatively exercises its right to extend this Agreement.

Scope of Work; Terms, Conditions, and Specifications.

A. Contractor shall provide City the supplics.and/or services identified in the Scope of Work
attached as Exhibit B.
B. Contractor agrees to comply with all the terms, conditions and specifications of the

Cooperative Purchasing Agreement. Such terms, conditions and specifications are
specifically incorporated into and arean enforceable part of this Agreement.

Compensation.

A. City shall pay Contractor compensation at the same rate and on the same schedule as
provided in the Cooperative Purchasing Agreement, which is attached hereto as Exhibit C.

B. The total purchase price for the supplies and/or services purchased under this Agreement is
estimated to be forty thousand dollars ($40,000) annually or two hundred forty thousand
dollars ($240,000) for the entire term of the Agreement (initial term plus any extensions).

Cancellation. This Agreement may be cancelled pursuant to A.R-S. § 38-511.

Non-discrimination. Contractor must not discriminate against any employee or applicant for
employment on the basis of race, color, religion, sex, national origin, age, marital status, sexual
orientation, gender identity or expression, genetic characteristics, familial status, U.S. military veteran
status or any disability. Contractor will require any Sub-contractor to be bound. to the same
requitements-as stated within this section. Contractor, and on behalf of any subcontractors, warrants
compliance with this section.

Insurance-Certificate. A certificate of insurance applying to this Agreement must be provided to the
City prior to the Effective Date.

Ezverify. Contractor complies with A.R.S. § 23-214 and agrees to comply with the requirements of
ALRS. § 41-4401.

No Boycott of Israel, To the-extent A.R.S § 35-393 through § 35-393.03 are applicable, the patties
hereby certify that they are not currently engaged in, and agree for the duration of the Agreement to
not engage in, a boycott of goods or services from Israel, as that term is defined in A.RS § 35-393.

Uyghur Forced Labor Prevention Act (UFLPA). Contractor certifies that it does not currently, and

during the term of this Agreement, will not use:

the forced labor of ethnic Uyghurs in the People’s Republic of China;

b. any goods ot services produced by the forced labor of ethnic Uyghurs in the People’s
Republic of China; and
ron any contractors, subcontractots or suppliers that use the. forced labor or.any goods
or setvices produced by the forced labor of ethnic Uyghurs:in the People’s Republic
of China.
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10. Attestation of PCI Compliance. When applicable, the Contractor will provide the City annually with
a Payment Card Industry Data Security Standard (PCI DSS) attestation of compliance. cettificate
signed by an officer of Contractor with oversight responsibility.

tt. Notices. Any notices that must be provided under this Agreement shall be sent to the: Parties’
respective authorized representatives at the address listed below:

City of Glendale

c/o Carol Piontkowski, Contract Monitor
Parks and Recreation Department

6210 W. Myrtle Ave, Bldg. B

Glendale, AZ 85301

and

Soilworks, LLC

Dorian Falkenberg, President & COO
7150 E. Camelback Rd, Suite 444
Scottsdale, AZ 85251
dorian@soilworks.com

IN WITNESS WHEREOEF, the parties hereto have executed this Agreement as of the date and year set
forth above.

“City” “Contractor”
City of Glendale, an Arizona SOILWORKS, LLC,
municipal corporation an Arizona linpited liability company

By: By: A
Kevin P. Phelps Name: Dorian Falkenberg
City. Manager Title: President & C
ATTEST:
Julie K. Bower (SEAL)
City Clerk
APPROVED AS TO.FORM:

Michael D. Bailey
City Attorney

10/05/2023

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
SOILWORKS, LLC
FOR DUST CONTROL/SOIL STABILIZATION PRODUCTS AND SERVICES

EXHIBIT A
AWARD LETTER
COOPERATIVE PURCHASING AGREEMENT, CONTRACT NO. 240145-C
WITH MARICOPA COUNTY, ARIZONA
THROUGH THE STRATEGIC ALLIANCE FOR VOLUME EXPENDITURES (S.A.V.E.)
(ATTACHED)

Exhibit A

4
MARICOPA Maricopa County
COUNTY Office of Procurement Services

www.maricopa.gov

Chief Procurement Officer
on St. Suite 700

Fax: (602) 506-6766

July 11, 2024

RE: DUST CONTROL/SOIL STABILIZATION

We are pleased to notify you Maricopa County has awarded your firm a contract to supply services and/or
commodities per the subject contract with an effective date of August 1, 2024 through
July 31, 2025.

In accordance with the bid specifications, purchasing documents will be forwarded to you covering the
specific items of this award.

If you have any questions regarding the contract 240145-C, please contact Robert Namor at
602-506-8707.

Sincerely,

forte

Robert Namor, Procurement Officer
Office of Procurement Services

RNiia
Attach.

ce: Office of Procurement Services
Re: Serial 240145-C

AWARD PACKAGE CHECKLIST BIDS

PROCUREMENT OFFICER CERTIFIES THAT THIS PROCUREMENT WAS CONDUCTED IN ACCORDANCE WITH THE
MARICOPA COUNTY PROCUREMENT CODE.

ACTION:|IFB AWARD
SERIAL NUMBER: |240145-C
SERIAL TITLE:| Dust Control/Soil Stabilization
PROCUREMENT OFFICER: Louis Nicolosi/Robert Namor DATE: 06/25/2024
APPROVED BY: DATE:
CODE PROVISION ACTION DOC IN FILE *
NEW SOLICITATIONS PO PS
IMC 1-323, 324, 313, 322, 360, &
Procedure 2) Procurement Summary IFB Procurement Officer Yes
Procedure 3) Procurement Status IFB Procurement Officer Yes
Procedure 4) Rough Draft and Budget Approval (under $500k) Procurement Officer Yes
Procedure 5) Budget Approval Over $500k Procurement Officer NA
MC1-313, 369, 404 & Procedure _|6) Management Authorization IFB - Approved prior to Advertising ‘Procurement Officer Yes
MC1-325 7) Multi-Step Sealed Bidding Determination - Approved prior to Advertising Chief Proc. Officer NA
MC 1-326 8) Phase One of Multi-Stey; Sealed Bidding - Unacceptable Procurement Officer NA
IMC 1-326 '9) Phase One of Multi-Step Sealed Bidding - Acceptable Procurement Officer NA
Procedure 10) Sign-in Sheet from Pre-Bid Conference (if mandatory) Procurement Officer NA
MC 1-354 11) Performance Bond Required (Amount if Yes) $ Procurement Officer NIA
|Per Solicitation Insurance Reviewed and Accepted Procurement Officer Yes
Procedure 12) Insurance Certificates Included Procurement Officer Yes
Procedure 13) Agency Analysis for Award Procurement Officer Yes
‘Procedure 14) Tabulation Sheet from BidSync Procurement Officer Yes
Procedure 15) CGI InfoAdvantage Vendor Ordering Address Report Procurement Officer Yes
‘Procedure 16) Verify Contractor De-Barment Status on SAM and/or Google Search Procurement Officer Yes
‘Procedure Create pricing in CGI Procurement Officer Yes
Procedure Create award in Bidsyne Procurement Officer Yes
Procedure 17) Attachment B Agreement Page (signed) and Attachment D Pricing (if applicable) Procurement Officer Yes
Procedure 18) Copies of Applicable Notices to Respondents Procurement Officer Yes

* PROCUREMENT OFFICER MUST INDICATE "N/A" IF PROVISION DOES NOT APPLY, "NO" IF THEY ARE NOT SUPPLYING THAT
INFORMATION, "YES" IF THE DOCUMENTATION IS INCLUDED.

ALL DETERMINATIONS ARE TO BE ATTACHED IN CHRONOLOGICAL ORDER TO THIS CHECKLIST,

MARICOPA COUNTY OFFICE OF PROCUREMENT SERVICES

MEMO: PROCUREMENT SUMMARY IFB

SOLICITATION TITLE: DUST CONTROL/SOIL STABILIZATION

ADVANTAGE DOCUMENT ID #: 240145-C

Bid Opening Date: June 4, 2024

Procurement Type: A3 Formal Cost

Requesting Department and Contact Names: Maricopa County Department of Transportation (MCDOT).
Doreen Toby, Caitlin Brady and Efren Guevara

Number of Bids Solicited: 2.010

Number of Responses Received: three

Contract Term: One Year

Renewal Option: 5 Years

Contract Hearing Date (CPO Approval Date): July 11, 2024
Contract Start Date: August 1, 2024

Expiration Date: July 31, 2025

Previous Contract number: 190217-C

Previous Contract Title: Dust Palliative/Stabilizers
Contractor Names: Earthcare Consultants and Soilworks
Previous Contract Expiration Date: July 31, 2024
Previous Contract Total: $2.650.000.00

Previous Contract Spend: $2,242,.126.27

Previous Contract Length: 5 Years

Requested Contract Value: $500,000.00

NIGP Code: 75045 and 96836

Three bids were received in response to this solicitation. The respondents were:
1.1 Desert Mountain Corporation

1.2 Earthcare Consultants LLC

1.3 Soilworks LLC

The purpose/need of the contract is to provide Maricopa County Department of Transportation and
other County departments with qualified suppliers for soil control and stabilization products.

Basis of Award: Multiple Award to responsive and responsible respondents

Recommendation is made to award the contracts to:

Vendor Number Vendor Name
vC0000008250 Earthcare Consultants LLC
VS0000003770 Soilworks LLC

Unless otherwise noted, | found each vendor who submitted an offer to be responsible and all the
bids submitted to be responsive to the solicitation requirements.

In accordance with Article MC1-324, | have determined that the bid submitted by Desert Mountain
Corporation is not responsive to this solicitation, therefore, their bid is unacceptable.

e In the bid response, Desert Mountain Corporation failed to provide the following
documentation with their bid as stipulated in section 5.6 Instructions for Preparing and
Submitting a Bid of the solicitation:

5.6.4.5 the Contractor shall provide the following submittal items at the time of bid:

5.6.4.5.1 Dust Palliative/stabilizer product: applicators qualifications in
accordance with section 2.1.19

5.6.4.5.2 Test Reports and certifications: proof of conformance of materials to
the criteria defined in section 2.1 in the form of test reports and certifications.

5.6.4.5.3 Proof of compliance with all environmental requirements in

accordance with section 2.1.9

e The detailed reason(s) for this determination have been outlined in a letter to the
Respondent(s), dated June 19, 2024, notifying them of my determination. It also notified
them that they will not be given the opportunity to modify their original bid/proposal.

In accordance with Department policy, | have accomplished the following:

e Reviewed PeriscopeS2G.com Supplier Classification Report and invited additional
vendors (if not present on the report) through the PeriscopeS2G.com solicitation;

e Searched the Internet for additional vendors; and

e Sent the.vendor list to the customer for their review and additional vendors to be added.
8. OPS AGENDA TEXT:

Approve the contract for award between Maricopa County and Earthcare Consultants LLC and
Soilworks LLC at an estimate of $500,000.00 over one year until July 31, 2025, with five one-year
renewal options. The effective date of the contract will be August 1, 2024. The purpose of the
contract is to provide to Maricopa County Department of Transportation and other departments with
qualified suppliers of for soil control and stabilization products.

¢ 06/25/2024

Robert Namor Date
Procurement Officer

MARICOPA COUNTY OFFICE OF PROCUREMENT SERVICES

MEMO: PROCUREMENT STATUS - IFB

TO: CAITLIN BRADY - VIA E-MAIL

BID SERIAL TITLE: DUST CONTROL/SOIL STABILIZATION
BID SERIAL NUMBER: 240145-C

DATE: 6/25/2024

FROM: ROBERT NAMOR

This is to confirm Office of Procurement Services has received your requisition and/or specifications/Scope of Work.
After reviewing your requirements, I have determined a formal solicitation, Invitation for Bids, must be issued in
accordance with article MC1- 315 of the Maricopa County Procurement Code in order to satisfy your requirements.

Based upon the type of procurement method and the complexity of the requirement, the following schedule represents
approximate milestones to complete the procurement process.

MILESTONE ACTION PROPOSED ACTUAL DATE
DATE

1. Forward previous contract/SOW for review (if applicable): 02/22/2024 02/22/2024 i
2. Receive draft of your Specification / Scope of Work: 03/07/2024 03/07/2024
3. | Submit OPS Management Authorization request: 03/07/2024 03/07/2024
4. Received OPS Management Authorization: 03/12/2024 03/12/2024
5. Submit for QAQC review: 03/07/2024 03/07/2024
6. Received QAQC review: 04/29/2024 04/29/2024
7. Receive rough draft IFB, pricing line items, and approval

letter(s) with your edits/comments: 04/08/2024 04/08/2024 i
8. Incorporate your edits/changes into draft IFB: 04/22/2024 04/22/2024
9. Peer review of IFB documents and PeriscopeS2G: 04/26/2024 04/26/2024
10. | Support review and load into S: Drive 04/29/2024 04/29/2024

11. Support review addendum and load into S: Drive - -

12.

13,

14,

15.

18.

19.

20.

21.

22.

23.

24.

25.

26.

Advertise IFB:

Hold preproposal conference:

Q&A proposed close date with answers:

Open proposals:

Conduct initial review of proposals:

Forward agency analysis to your department:
Receive agency analysis with your edits/comments:

Notification of non-successful bidders:

Request Certificates of Insurance from Respondent(s):
Receive COI from successful Respondent:

Risk review of COI(s):

Create pricing in CGI:

Create award in Periscope:

Complete award package:

Office of Procurement Services Agenda
and legal department contract approval:

Total Approximate Procurement Lead Time:

| 06/25/2024

Robert Namor Date
Procurement Officer

CONCUR

Caitin Brady

o[26[24

Date

05/02 & 05/02 &
05/09/2024 05/09/2024
05/23/2024 05/23/2024
06/04/2024 06/04/2024
06/04/2024 06/04/2024
06/04/2024 06/04/2024
06/13/2024 06/13/2024
06/19/2024 06/19/2024
06/17/2024 06/17/2024
06/24/2024 06/24/2024
06/24/2024 06/24/2024
06/25/2024 06/25/2024
06/25/2024 06/25/2024
06/25/2024 06/25/2024
07/11/2024 07/11/2024

140 days 140 days

These milestones may vary based upon your department's ability to allocate time to review the draft IFB and the bids
received, ability to attend various meetings and the number and complexity of bids involved in the evaluation process,
Additionally, a Respondent may protest the final contract award decision, which would delay the process further until

it is resolved according to the Maricopa County Procurement Code.

If you have any questions concerning the procurement process or these milestones, please contact me so we may
discuss your issue(s).

ce: 240145-C File

MARICOPA COUNTY OFFICE OF PROCUREMENT SERVICES

MEMO: ROUGH DRAFT APPROVAL
TO: Caitlin Brady - VIA E-MAIL
BID SERIAL TITLE: Dust Control/Soil Stabilization
BID SERIAL NUMBER; 240145-C

DATE: 2-23-2024

FROM: LOUIS NICOLOSI

The attached draft solicitation is submitted for your review and approval. Please make any modifications and/or corrections
you feel necessary concerning the Scope of Work, Specifications, estimated usage, terms & conditions, including additions of
like items directly to the draft. Also, please complete the document showing your departments estimated expenditure
information and provide a list of any additional vendor(s) that you determine should be included. The documents are in
reviewing mode and will automatically track all changes (for information on editing in the review mode please consult MS Help

option). Please e-mail “forward”, (do not “reply”)) your response of your approval (below) to Louis Nicolosi. Also attach

the revised proof and vendor list to your e-mail.

It is important to know that the solicitation meets your minimum requirements. It is assumed that any services, supplies or
equipment offered meeting the specifications are satisfactory, disregarding brand name, type or model. In order to meet our

current procurement schedule, please respond by 3-11-2024 to avoid processing delays.

Ifyou have any problems opening these files, please let me know immediately.

APPROVAL
TO: Louis Nicolosi, Procurement Officer
FROM: Caitlin Brady
(Please enter an X in the block next to the appropriate response below.)
O The attached draft solicitation is approved as submitted.

O The attached draft solicitation is approved as modified. See changes.

Estimated Budget Amount:$500,000.00 to cover an initial one (1) year term.

Tony DelSol Wig aa Be of.

Typed Name Signdture

Date

F171

THIS FORM SHOULD BE SCANNED AND FORWARDED, ELECTRONICALLY, TO THE

PROCUREMENT OFFICER.

MARICOPA COUNTY OFFICE OF PROCUREMENT SERVICES

DETERMINATION: MANAGEMENT AUTHORIZATION - IFB
BID SERIAL TITLE: Dust Control/Soil Stabilization

BID SERIAL NUMBER: 240145-C

1, The basis of this solicitation is:

What product or service is being solicited? Soil control and stabilization products.
What time constraints does the requesting department have? Must be awarded by 8-1-2024
What departments are expected to utilize this contract? MCDOT

If this is a replacement solicitation for an existing contract, please provide:
Contract number: 190217-C
Contract Title: Dust Palliative/Stabilizers
Contract Expiration Date: 7-31-2024
Previous Contract Total: $2,650,000.00
Previous Contract Spend: $2.242.126.27 as of 2-22-24
Previous Contract Length: Five years

2. The requested term of this contract is one year with five annual renewal options.
3. The rough estimated budget is $500.000.00
4. The rationale for performing this solicitation as an IFB versus an RFP/ITN is: This solicitation is for identified

materials used by MCDOT and cost and availability will be the primary factor for award.

5. In accordance with article MC1-369 of the Maricopa County Procurement Code, it has been determined that a
contract term of one year with five years of renewal options is advantageous to Maricopa County for the following
reasons:

Estimated requirements cover the period of the contract and are reasonable and continuing;

e Such a contract will serve the best interest of Maricopa County by encouraging effective competition or otherwise
promoting economies in Maricopa County; and

e Monies are appropriated or otherwise made available to support continuation of performance in subsequent fiscal
periods.

Therefore, the term of this contract shall be a total of six years (including renewal options).

6. In accordance with article MC1-404B of the Maricopa County Procurement code, it has been determined the use
of Brand Name or Equal Specifications is advantageous to the County based on the following information:

¢ No Specification for a common or general-use item or Qualified Products list is available; or
Time does not permit the preparation of another form of Specification, other than a Brand Name or
Equal Specification; or

e The nature of the product or Maricopa County’s requirements makes use of a Brand Name or Equal
Specification suitable for this procurement.

Additionally, the Brand Name or Equal Specification designates as many different brands as are practicable as "or
equal" references and includes a description of the particular design, functional, or performance characteristics that
are required.

Furthermore, this solicitation uses the Brand Name or Equal Specification to explain that the use of a brand name
is for the purpose of describing the standard of quality, performance, and characteristics desired and is not intended
to limit or restrict competition.

This solicitation also states that products substantially equivalent to those brands designated shall qualify for
consideration.

7. It is anticipated that multiple contract awards may be necessary based on the following:
e Such an award is necessary to obtain the required quantity or delivery; or
e A single award is not advantageous to Maricopa County; or
¢ This multiple award is limited to the least number of suppliers necessary to meet the requirements of the

using agency (ies); or,

Based on the above, and in accordance with article MC1-313 of the Maricopa County Procurement Code, I
hereby determine it to be in the County’s best interest to solicit with the intent to award multiple contracts to
provide the goods and/or services sought by this Solicitation.

feu Luton,
3-7-2024

Louis Nicolosi Date
Procurement Officer

aperOven —?
FL. airlexy

evin Tyne Date
Chief Procurement Officer

ce: File

EARTCON-01 BFICKEISE
DATE (MMIDDIYYYY)

——
ALOR? CERTIFICATE OF LIABILITY INSURANCE amore

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endersement(s).

PRODUCER Gauract ee -
Schauer Group, tne. (ae lWo, ext: (330) 453-7724 {A, no}:(330) 453-4914
Suite 100 atte. s. insure@schauergroup.com
Canton, OH 44702 rt T
| INSURER(S) AFFORDING COVERAGE. | _NaIc #
_insurer a: Cincinnati Insurance Companies |10677
INSURED _INSURER B: _ _ |
Earthcare Consultants, LLC INSURER C:
12650 S. Dusty Wash Trail INSURER D:
Tucson, AZ 85735 | —F
INSURERE: |
INSURER F : |
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

‘es, describe under

bi SCRIPTION OF OPERATIONS below. | E.L. DISEASE - POLICY LIMIT__$

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES {ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Maricopa County, its agents, representatives, officers, directors, officials and employees are additional insured and waiver of subrogation is provided where

required by written contract as respects: SERIAL #240145-C DUST CONTROL/SOIL STABILIZATION

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Maricopa County ACCORDANCE WITH THE POLICY PROVISIONS.

c/o of Risk Management

301 W Jefferson St, Suite 910
Phoenix, AZ 85003 AUTHORIZED REPRESENTATIVE

ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD

DATE (MM/DDIYYYY)

ACORD CERTIFICATE OF LIABILITY INSURANCE __—

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY: THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain: policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER fame” Shannon Davison
(HD) Heffernan Insurance Brokers PHONE — 0 FAX —
1350 Carlback Avenue HAG, No. Ext 925-934-8500 (AIC, No): 925-934-8278 |
Walnut Creek CA 94596 AbpREss: shannond@heffins.com ;
INSURER(S) AFFORDING COVERAGE NAIC #
_ License#: 0564249] INSURER A: MountainPoint Insurance Company 42242
INSURED EARTCON-02) INSURER B :
Earthcare Consultants LLC
12650 S Dusty Wash Trail INSURER C:.
Tucson AZ 85735 INSURER D :
INSURER E: —_
INSURER F :
COVERAGES CERTIFICATE NUMBER: 2109725197 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS:
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR ~~ JADDL|SUBR POLICY EFF POLICY EXP | ~
LTR TYPE OF INSURANCE isp wwp | POLICY NUMBER | eae | {MMIDDIYYYY) | LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
rT | DAMAGE TO RENTED
CLAIMS-MADE OCCUR |_PREMISES (Ea occurrence) _| $
|_MED EXP (Any one person) | $
L PERSONAL & ADVINJURY | $
_GENL AGGREGATE LIMIT APPLIES PER: | GENERAL AGGREGATE §
| POLICY | | sect Loc | PRODUCTS - COMP/OP AGG | §
Lj otHer: $
COMBINED SINGLE LIMIT
AUTOMOBILE LIABILITY (Ea accent $ —_
ANY AUTO BODILY INJURY (Per person) | $
OWNED. ~~ | SCHEDULED |
__[Rutosomy |_| Autos BODILY INJURY (Per accident)| $
HIRED NON-OWNED PROPERTY DAMAGE 5
AUTOS ONLY |_| AUTOS ONLY (Per accident)
| $
| UMBRELLA LIAB | occur | EACH OCCURRENCE [s
| EXCESS LIAB | CLAIMS-MADE AGGREGATE $
+ —T a
DED | RETENTION $ | 8
A | WORKERS COMPENSATION | Y | 1016449 5/1/2024 51/2025 X | GER {ea
AND EMPLOYERS' LIABILITY YIN }> 1 STATUTE |__|
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000
OFFICER/MEMBER EXCLUDED? L | NIA ————S—
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE] $ 1,000,000
Ifyes, describe under eee a
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT | $ 1,000,000
|

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Waiver of Subrogation is included on the Workers Compensation policy per the attached endorsement, if required.
RE. Serial #240145-C, Dust Palliative/Stabilizer

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
; THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Maricopa County ACCORDANCE WITH THE POLICY PROVISIONS.

C/O Risk Managment

Rae Suite 910 AUTHORIZED REPRESENTATIVE
USA ge

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13
(Ed. 4-84)

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 applies only to the extent that
you perform work under a written contract that requires you to obtain this agreement from us).

This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.

Schedule
State Blanket/Schedule/State

AZ BLANKET

Blanket Waiver: Anyone for whom you have agreed to provide this Waiver subject to the terms of this endorsement

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
This document may have been uploaded to the CopperPoint Portal.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)

Endorsement Effective 05/01/2024 Policy No. 1016449 Endorsement No. 3

Insured Earthcare Consultants LLC Premium $

Insurance Company MountainPoint Insurance Company Countersigned by Nee Petri
WC 00 03 13
(Ed. 4-84)

—
ACCORD
Ne

CERTIFICATE OF LIABILITY INSURANCE

SOILLLC-01 BRITTANYKOCIS

DATE (MM/DDIYYYY) |
5/20/2024

[ 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

REPRESENTATIVE OR PRODUCER, AND: THE CERTIFICATE HOLDER.

BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED

IMPORTANT:

If. the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. ]
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER

NFP Property & Casualty Services, Inc.
8777 North Gainey Center Drive

Suite 260

Scottsdale, AZ 85258

Gontact James Coulson

PHONE

(AIC, No, Ext): (303) 954-5170

EAvut <5. james.coulson@nfp.com

INSURER(S) AFFORDING COVERAGE |

| FA, no):-(303) 951-5060 __

NAIC #
= _ _L insurer a: Navigators Specialty Insurance Company 36056
INSURED insurer 8: ACUITY A Mutual Insurance Company 114184
Soilworks, LLC International Soil Technologies, LLC insurer c: Wesco Insurance Company 125011
7150 E, Camelback Road. Suite 444 INSURER D:
Scottsdale, AZ 85251 i = = =
INSURER E : ee __
——— ___ INSURER FF: __ 7
COVERAGES —__ CERTIFICATE NUMBER: REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS:
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

eo TYPE OF INSURANCE beans POLICY NUMBER [it Pa ae dca ums
A | X | COMMERCIAL GENERAL LIABILITY | EACH OCCURRENCE ls 1,000,000)
| cLaims.mave [ X | occur | x | x [CH23NP30A5AUMIC 6/30/2023 | 6/30/2024 | PAMAGETORENTED | 500,000
| - | | MED EXP Any one person $ 25,000
L | PERSONAL & ADVINJURY _| $ 1,000,000
| GEN'L AGGREGATE LIMIT APPLIES PER | GENERAL AGGREGATE $ 2,000,000
| POLICY toc PRODUCTS - COMP/OP AGG | $ 2,000,000
| THER: = | s _
B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT “|. 1,000,000
X | any auTO \ZA5712 6/30/2023 | 6/30/2024 | popiLy INJURY |Perperson) | $
[| OWNED SCHEDULED —
|__| AUTOS ONLY AUTOS BODILY INJURY (Per accident)| $ —_
L PROPERTY DAMAGE
— AUS ONLY { AGES ONEY (Per accident) $
——— —- — — 1's
A umeretiatias | X | occur EACH OCCURRENCE $_ 5,000,000
| Xerces uns CLAINS-MADE CH23NP30A5AUMIC 6/30/2023 | 6/30/2024 | a scaecare ls 5,000,000)
DED | RETENTION $ _ = $ |
C |WORKERS COMPENSATION | X | PER | [gtr
AND EMPLOYERS’ LIABILITY | STATUTE ER =
YIN
ANY PROPRIETOR/PARTNERVEXECUTIVE X |WWC3669688 9/10/2023 | 9/10/2024 | E | each acciDENT $ 1,000,000
OFFICER/MEMBER EXCLUDED? NIA 7,000,000
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE] $ 2000;
ff yes, describe under 7,000,000
DESCRIPTION OF OPERATIONS below BL E.L. DISEASE - POLICY LIMIT | $ 30;
| A [Pollution Liability CH23NP30A5AUMIC 6/30/2023 | 6/30/2024 Occ/Agg $1,000,000 2,000,000
A Pollution Liability CH23NP30A5AUMIC 6/30/2023 | 6/30/2024 |Deductible 25,000
— 4

Subject to Policy Terms, Conditions and Exclusions.

NAVNP3+Cyber 07/16 attached.

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

Maricopa County is additional insured with respects to General Liability per endorsement NAVNP3+Cyber 07/16 attached. Coverage is primary and
non-contributory per endorsement NAVNP3+Cyber 07/16 attached. Waiver of Subrogation applies with respects to General Liability per endorsement

Waiver of Subrogation applies with respects to Workers Compensation per endorsement WC000313 04/84 attached.

CERTIFICATE HOLDER =

CANCELLATION

Maricopa County

c/o of Risk Management

301 W Jefferson St., Suite 910
Phoenix, AZ 85003

! —

|
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,

| AUTHORIZED REPRESENTATIVE

ACORD 25 (2016/03)

The ACORD name and logo are registered marks of ACORD

14, Reckless Disregard

your reckless disregard for the security of personally identifying information or personally sensitive
information in your care, custody or control.

SECTION Il. WHO IS AN INSURED

In addition to the named insured(s) listed in Item 1. of the Declarations, or any named insured(s) added to this
policy by endorsement, where applicable and to the extent outlined herein, the following person(s), entity(ies), or
organization(s) are an insured under this policy:

1. If you are designated in the Declarations as:

an individual, you and your spouse are insureds, but only with respect to the conduct of a business of
which you are the sole owner.

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.

a limited liability company, you are an insured. Your members are also insureds, but only with respect to
the conduct of your business. Your managers are insureds, but only with respect to their duties as your
managers.

an organization other than a partnership, joint venture or limited liability company, you are an insured.
Your executive officers and directors are insureds, but only with respect to their duties as your officers
or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders; or
a trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees.

Any reference throughout this policy to a spouse(s) includes a person(s) who is/are a party to a civil union as
defined by any applicable state or federal law.

2. Each of the following is also an insured:

Your volunteer workers but only while performing duties related to the conduct of your business, or your
employees, other than either your executive officers (if you are an organization other than a
partnership, joint venture or limited liability company) or your managers (if you are a limited liability
company), but only for acts within the scope of their employment by you or while performing duties
related to the conduct of your business. However, none of these employees or volunteer workers are
insureds for:

(1) bodily injury or personal and advertising injury:

(a) to you, to your partners or members (if you are a partnership or joint venture), to your members (if
you are a limited liability company);

(b) for which there is any obligation to share damages with or repay someone else who must pay
damages because of the injury described in paragraphs (1)(a) immediately above; or

(c) arising out of the providing or failing to provide professional health care services, except with
respect to any incidental health care services provided by a physician, dentist, nurse, emergency
medical technician or paramedic employed by you to provide such services, provided you are not
engaged in the business of providing such services.

(2) property damage or environmental damage to property:

NAV NP3 + Cyber (07/16)

(a) owned, occupied or used by, or
(b) rented to, in the care, custody or control of, or over which physical control is being exercised for
any purpose by,

you, any of your employees, volunteer workers, any partner or member (if you are a partnership or
joint venture), or any member (if you are a limited liability company).

b. any person (other than your employee or volunteer worker), or any organization while acting as your real
estate manager.

c. any person or organization having proper temporary custody of your property if you die, but only with
respect to liability arising out of the maintenance or use of that property and only until your legal
representative has been appointed.

d. your legal representative if you die, but only with respect to duties as such. That representative will have
all your rights and duties under this policy.

e. any subsidiary, associated, affiliated or allied company or corporation, including subsidiaries thereof, of
which you have at least 50% ownership interest as of the inception date.

3. Any person or organization, other than a third party carrier, with whom you agreed in a written contract, written
agreement or a permit to include as an insured, but only with respect to bodily injury, property damage,
environmental damage, or emergency cleanup costs caused, in whole or in part, by your acts or omissions
or the acts or omissions of those acting on your behalf, arising out of your operations, your work, equipment
or premises leased, rented or owned by you, or your products which are distributed or sold in the regular
course of a vendor's business, however:

a. A vendor is not an insured with respect to bodily injury, property damage, environmental damage,
emergency cleanup costs, or other injury or damage arising out of:

(1) the assumption of liability by the vendor in a contract or agreement except for any such damages that
the vendor would have in the absence of the contract or agreement;

(2) any express warranty unauthorized by you;

(3) any physical or chemical change in the product made intentionally by the vendor;

(4) repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or
the substitution of parts under instructions from the manufacturer, and then repackaged in the original
container;

(5) any failure to make inspections, adjustments, tests or servicing as the vendor has agreed to make or
normally undertakes to make in the usual course of business, in connection with the distribution or
sale of the products;

(6) any demonstration, installation, servicing or repair operations, except such operations performed at
the vendor's premises in connection with the sale of the product;

(7) products which, after distribution or sale by you, have been labeled or relabeled or used as a
container, part or ingredient of any other thing or substance by or for the vendor; or

(8) the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone
else acting on its behalf. However, this exclusion does not apply to:

(a) the exceptions contained in sub-paragraphs (4) or (6) above; or

(b) such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally
undertakes to make in the usual course of business, in connection with the distribution or sale of
the products.

b. A manager or lessor of premises, a lessor of leased equipment, or a mortgagee, assignee, or receiver is

not an insured with respect to bodily injury, property damage, environmental damage, emergency
cleanup costs, or any other injury or damage arising out of:

NAV NP3 + Cyber (07/16)