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HomeMy WebLinkAboutPURETEC INDUSTRIAL WATERINSURANCE NOT ON FILE WORK MAY NOT PROCEED CITY CLERK DATE: DEC 0 9 2024 N-2024-384 AGREEMENT BETWEEN PURETEC INDUSTRIAL WATER AND 0: PD(o) CITY OF SANTA ANA FOR WATER SOFTENER SYSTEM REPAIRS SUS•n cjo speCkP) THIS AGREEMENT is made and entered into on this 18`h day of November, 2024 by and between Puretec Industrial Water, ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of water treatment systems to perform softener system repairs. B. Contractor represents that Contractor is able and willing to provide such services to the City. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services and Costs- Exhibit A, attached hereto and incorporated by reference. Contractor has provided the City with its General Terms and Conditions — Exhibit B, attached hereto and incorporated herein. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A for immediate repair services to be performed. Any future repairs or maintenance estimates will be requested by SAPD and approved before completion of work. The total amount to be expended during the term of this Agreement shall not exceed $25,000. b. Pricing is based upon process currently charged by Contractor's suppliers of services, materials, and parts on the date of this Agreement. If Contractor is subsequently charged higher prices by such suppliers, Contractor may increase the prices to City during the term by the percentage increase charged by suppliers to Contractor. Unless otherwise specified in writing, Contractor's pricing does not include, and Contractor shall not be responsible for, any taxes, permits, tariffs, duties, fees or shipping costs. Notwithstanding, this Agreement shall not exceed $25,000. c. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on "the date first written above" for a three (3) year term with the option for the City to grant up to one, one-year (1) renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section IS, below. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive andperpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other- documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: Contractor shrill maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance with existing limits, which can be lower than $1,000,000. Workers' Compensation (W/C): as required by the State of California, with statutory limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Vendor has no employees. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance 'Provisions The insurance policies are to contain, oi• be endorsed to contain, the following provisions: 1. CGL and AL policies: City of Santa Ana, its City Council, its oftieers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Permittee including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. All required insurance policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Penmittee for City. 3, All required insurance policies: For any claims related to this contract, Permittee's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Permittee's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. S. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written shall be provided to City for policy cancellation or non -renewal due to non- payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Susan Gorospe, 60 Civic Center Plaza M-97, Santa Ana, CA 92701. The name and location of event should be included in the Description of Operations section of each certificate. Self-Lisured Retentions Self -insured retentions must be declared to and approved by the City. City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage Permittee shall furnish City with original Certificates of Insurance including at] required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. however, failure to obtain the required documents prior to the work beginning shall not waive Permittee's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the contract effective date, Company must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. Subcontractors Contractor shall require and verify that all sub -contractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from stub -contractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behaIfwhich refutes to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, ,judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief" suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terns of, or effects, arising from this Agreement. The Contractor further agrees to indemnity, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement; or asserting that personal injury, damagesy just compensation, rest itution,judicial or equitable relief due to personal or property rights arises by reason of the terms or, or effects arising lfom this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL, PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employces against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of linal payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such, records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement fora period of three (3) years from the date of final payment to Contractor tender this Agreement, 10. CONI+IDEWIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance ol'this Agreement, and further agrees to exercise [lie same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information, Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non=usc and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11, CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITV AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. W. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15. TERMINATION a. Termination for Convenience This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: As a condition of such payment the City may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. ii. Payment need not be made for work which fails to meet the standard of performance specified in this Agreement. b. Termination for Default In the event either party commits a material breach of this Agreement and fails to cure such breach within thirty (30) days after receiving written notice thereof, the other party may terminate this Agreement immediately upon written notice 16. REMEDIES FOR DEFAULT City acknowledges that the Equipment is specially delivered and installed by PURETEC at the property of City. City further acknowledges that the pricing under this Agreement was provided with the understanding that the City will complete the initial term and any renewal term. The parties further acknowledge that the amount of loss or damages likely to be incurred by PURETEC in the event of breach by the City is incapable or difficult to ascertain. 17. ATTORNEY'S PEES The prevailing party in my legal action arising out of this Agreement shall be entitled to recover its reasonable attorneys' fees, costs, and expenses (including expert witness fees) from the other party. 18. FORCE MAJEURE If the performance of this Agreement or any obligation hereunder is prevented or restricted by reason of fire, work stoppage, war, governmental action, natural disaster, or other causes beyond the reasonable control of PURETEC, PURETEC, upon giving written notice to City, shall be excused from performance to the extent of such prevention or restriction. 19. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 20. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California, Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason or this Agreement. 21. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 22. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-t988 Fax: 714- 647-6956 With courtesy copies to: Chief of Police City of Santa Ana 20 Civic Center Plaza (M-96) P.O. Box 1988 Santa Ana, California 92702 To Contractor: Tim Ilarris, President Puretee Industrial Water 3151 Sturgis Road Oxnard, CA 93030 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 23. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hercin below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City filly, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if filly set forth in the body of this Agreement. [Signatures on following page] IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CIt APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: 1"k�- TAMARA BOGOSIAN Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: D- ROBERT RODRIGUEZ Acting Chief of Police CITY OF SANTA ANA Cwe 7ley ' ALVARO NUNEZ City Manager PURETEC INDUSTRIAL WATER: 7N� &��- RA HEL EPPENGER Sales Administrator Exhibit A av�ErAFC1 Industrial Water Prepared For: City Of Santa Ana Paul Bui 20 Civic Center Plaza Purchasing Div. M-16 Santa Ana, CA 92701 (714) 245-8165 Pbui@Santa-Ana.Org Prepared By: Vianey Arroyo Inside Sales vianey@puretecwater.com Ultrapure Water Solutions f'a.— 1 ci 9 Industrial Water PROPOSAI_ frt 45-518-9 V 3151 Sturgis Rd, Oxnard, GA 93030 �. 1600) 906-6060 M hello@pureleewater.com Q. www.puretacwater.com Hi Paul, Please review the following proposal. October 15, 2024 To proceed with order please sign proposal and issue a PO if required. Vianey Arroyo Inside Sales Representative, Puretec Industrial Water 1-800-906-6060 1 vaney@puretecwater.com Oxnard, CA I Anaheim, CA I San Diego, CA I San Jose, CA I Gilbert, AZ www.pureteewater.com Fay€ 2 of 9 Industrial Water 03151 Sturgis Rd, Oxnard, CA 93030 (800) 906-6060 0 hello@puretecwater.com w- www.puretecwater.com PROPOSAL # 45518-2 October 15, 2024 60 Civic Center Plaza, Santa Ana, CA, 92702 Equipment / Labor Scope of Work; Annual Softener System Repairs — rebuild softener heads. Taxes and freight are not included and will be billed if applicable. Description Piston Assembly Upper 3150 / 3900 HWBP Lead Time 5-7 Days ARO Seal & Spacer Kit 3150 / 3900 Upper Lead Time 5-7 Days ARO Piston Assembly Lower 3900 NHWBP Lead Time 5-7 Days ARO Seal & Spacer Kit 3900 Lower Lead Time 5-7 Days ARC) Brine Valve #1800 DESIGN 3 Lead Time 5-7 Days Ai- Labor/Travel - Estimate / Bill Actual Subtotal 'Fuel Surcharge is $28.00 per trip 2 $278.82 $557.64 2 2 2 2 6.00 $116.59 $233.18 $582.85 $1,165.70 $134.07 $268.14 $546.92 $1,093.84 $155.00 $930.00 $4,248.50 CavMErEC' Industrial Water PROPOSAL # 4551 f-2_ V 3151 Sturgis Rd. Oxnard, CA 93030 1. (800) 906-6060 i helloCc puretecwater.com w; www.puretecwater.com October 15, 2024 Terms are net 30 days, applicable taxes and freight, if appropriate, will be added to the final invoice. Fuel surcharge is currently in effect. Copies/Facsimile signatures will be deemed originals for all purposes. Pricing valid until November 18, 2024. In consideration of the above service and pricing, customer agrees to retain the above service for an initial term of 12 Months. Customer acknowledges having read, understood and received a copy of the attached General Terms and Conditions (attached paragraphs 1 through 23) which govern this Agreement and Customer agrees to be bound by all the General Terms and Conditions. 91ks-' Signature Jim Harris Authorized Customer Representative Authorized Puretec Representative Date October 15, 2024 Date Page 4 of 9 ���av�ErEc Industrial Water V 3151 Sturgis Rd Oxnard, CA 93030 A. (800) 906-6060 0 hellaPpuretecwater.com wl www.puretecwater.com PROPO,SM # 4.55I R-9, GENERAL TERMS AND CONDITIONS October 15, 2024 1. APPLICABILITY OF TERMS AND CONDITIONS. These General Terms and Conditions apply not only to the attached Proposal, but also to any goods or services provided by PURETEC to Customer from the date of Customer's acceptance of the Proposal. These General Terms and Conditions shall apply to any future proposals or orders unless PURETEC and Customer expressly agree to new General Terms and Conditions in writing. 2. ACCESS. Customer will provide PURETEC with reasonable and sufficient access to install the water treatment equipment ("the Equipment"). Upon request, Customer will provide PURETEC with reasonable and sufficient access to service the Equipment. Customer represents it has the legal right to provide PURETEC with the access specified above. PURETEC shall have no obligation to obtain any third party approvals, including, but not limited to, landlord consent or governmental permits or licenses, with respect to the installation of or access to the Equipment. 3. PROVISION OF ELECTRICITY AND WATER BY CUSTOMER. At its sole cost, Customer will satisfy all electrical and continuous incoming water flow requirements as specified by PURETEC at the location of the Equipment. Customer will, in accordance with all applicable laws and regulations, provide for all disposal of water treatment system effluent from the system at no cost to PURETEC, including, but not limited to, any testing or decontamination of such effluent. Customer will replace any Equipment or ion exchange resins contaminated by exposure to any process or application. Upon request, Customer will provide a completed and signed Resin Process Profile form that specifies the conditions under which all ion exchange resins will be operated. 4. OWNERSHIP OF LEASED EQUIPMENT. Customer acknowledges and agrees that any rented/leased Equipment and all inventory, parts and supplies related thereto will remain the sole and exclusive property of PURETEC. 5. WATER QUALITY AND SUITABILITY FOR CUSTOMER'S APPLICATION. At its sole cost and expense, Customer will monitor and test water suitability and quality for Customer's application and use. PURETEC will have no responsibility to test or monitor the water for suitably or quality for Customer's use. The failure to monitor the water quality by Customer may damage the Equipment or other property (including Customer's systems) or adversely affect the operation of the Equipment or quality of the treated water. Customer will be solely responsible for any damages to the Equipment or other property caused by Customer's failure to monitor or test water suitability or quality. 6. POTABLE WATER. Customer shall use only potable feed water at all times with the Equipment. Customer acknowledges that PURETEC has advised Customer to obtain a water quality light and/or monitor to regularly monitor the water before and after the Equipment for suitability of use. 7. WATER PRESSURE. At its sole cost and expense, Customer shall take all steps necessary to insure that at no time will the water pressure to the tanks exceed 80 pounds per square inch or any vacuum nor shall water temperature exceed 100'F. Customer understands that any greater pressure may cause irreparable damage to the tanks, adversely affect the operation of the tanks or adversely affect the quality of the treated water. Customer will be responsible for all damage to their property as a result of any failure to monitor water pressure. Page 5 of 9 Initials r✓7A ay.?ErEc Industrial Water PROPOSAL f 45 18-? Q 3151 Sturgis Rd. Oxnard, CA 93030 �. (B00) 906-6060 ® h--Ilo@puretecwater.com W www.puretecwater.com 8. INTENTIONALLY OMITTED 9. INTENTIONALLY OMITTED 10. INTENTIONALLY OMITTED 11. INTENTIONALLY OMITTED 12. INTENTIONALLY OMITTED October 15, 2024 13. DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, PURETEC MAKES NO WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE EQUIPMENT OR SERVICES PROVIDED BY PURETEC, INCLUDING, BUT NOT LIMITED TO, THE QUALITY, QUANTITY, OR USE AND APPLICABILITY OF WATER. PURETEC HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS OR SUITABILITY FOR A PARTICULAR USE OR PURPOSE. CUSTOMER AFFIRMS THAT CUSTOMER HAS NOT RELIED ON PURETEC'S SKILL OR JUDGMENT TO SELECT THE TYPE OF EQUIPMENT, PURIFIED WATER OR WATER QUALITY FOR ANY PARTICULAR PURPOSE BY Page 6 of 9 Initials ����rr�ErEc Industrial Water PROPOSAL- # 4551 8-? 03151 Sturgis Rd. Oxnard, CA 93030 �. (800) 906-6060 0 hello@)purLtecwater.com W,, www.puretecwater.com CUSTOMER. October 15, 2024 14. LIMITATION OF LIABILITY. In recognition of the relative risks and benefits and to provide Customer with the most advantageous pricing, PURETEC and Customer agree to limit PURETEC'S liability under this Agreement as follows: TO THE FULLEST EXTENT ALLOWED BYLAW, CUSTOMER'S USE OF THE EQUIPMENT OR TREATED WATER IS AT CUSTOMER'S SOLE RISK. PURETEC, ITS SHAREHOLDERS, OFFICERS, OR EMPLOYEES, SHALL NOT BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENT, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. THE FOREGOING SHALL APPLY EVEN IF PURETEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PURETEC'S LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE FULL AMOUNT OF THE AGREEMENT. 15.INTENTIONALLY OMITTED 16. INTENTIONALLY OMITTED 17. INTENTIONALLY OMITTED 18. INTENTIONALLY OMITTED 19. INTENTIONALLY OMITTED Initials Industrial Water PROPOSAI ft 4.1,918-? Q 3151 Sturgis Rd, Oxnard, CA 93030 1. (800) 906-6060 Whello@)puretecwater.com X; www.puretecwaler corn 20. INTENTIONALLY OMITTED 21. INTENTIONALLY OMITTED October 15, 2024 22. DISCLOSURE OF RISKS FROM LEAKAGE; WAIVER AND RELEASE OF CLAIMS FOR WATER LEAKS. Customer acknowledges that is has been advised by PURETEC that there is a high risk of leaks from purified water systems. Such systems should be installed only where there is adequate drainage and in a manner to avoid damage from leaks. Customer hereby acknowledges and affirms that Customer has independently evaluated and designated the location for the installation of the purified water system, products and Equipment. Customer further acknowledges and agrees that PURETEC shall not be liable to Customer for any claims, demands, actions, causes of action, obligations, losses, liabilities, damages, costs or expenses of any nature or type whatsoever ("Claims"), directly, indirectly, or in any manner whatsoever, caused by or related to water leaks, including, without limitation, property damage, business interruption, mold, or personal injuries, and Customer hereby expressly waives, releases and forever discharges PURETEC of and from any and all such Claims. Customer hereby covenants and agrees never to commence or prosecute any action or proceeding against PURETEC based upon the Claims covered by the foregoing release. Customer will monitor and inspect the purified water system product and Equipment for any leaks. This provision shall apply to any leaks or spillage of water by PURETEC during any servicing, installation or removal process. 23. INTENTIONALLY OMITTED Effective May 23, 2020 Page 8 of 9 Initials ,r✓� al 00FAC° Industrial Water PROPOSAI._ # 41�51 R--9, V 3151 .Sturgis Rd. Oxnard, CA 93030 �. (800) 906-6060 0 hello(a puretecwater.com ;? www.puretecwater.com October 15, 2024 Water leaks are highly likely with any water treatment system. Below are some precautions to prevent water leaks and/or resin spillage. 1. Municipal water pressure often increases significantly at night when there is little water usage. This can put excessive strain on DI tanks and connecting hoses. The DI systems are not intended for water pressure to exceed 80 psi. If possible, shutting off the water supply to DI tanks at night is a good safeguard to prevent water leaks. 2. It is also highly recommended that a pressure regulator (set below 80psi) is installed prior to the DI tank system. Pressure regulators are prone to failure and need to be maintained on a frequent basis. 3. It is a good idea to have a floor drain and wall protectors installed in the same room as the DI tanks. 4. If the tanks will be exposed to freezing conditions or feed water above 120 F then this can likely lead to water leaks. 5. If any vacuum occurs in the DI system, then the DI tanks will likely rupture and leak. A vacuum breaker should be installed prior to the DI tanks to be safe. Some examples of when a vacuum may occur are when DI tanks are elevated from their point of use, a fire hydrant was exercised on the street or the DI water is re -pressurized after the Dltanks. 6. When a softener is used before a water heater, the pop off relief valve should be in working order on the water heater. 7. If the DI water is going to a storage tank, the float level switches need frequent maintenance to prevent overfilling. 8. There should always be a post -filter placed after DI tanks in the event of a lateral failure inside the tank which will cause resin to leak into the water supply. A post filter (5-micron pore size) will capture any lose resin beads and prevent any further contamination. 9. If possible, placing the DI tanks outside is another safeguard to prevent water damage from leaks. 10. Water backflow into the inlet of the DI tank will cause resin leakage from the inlet of the tank. A note on leak detectors: Leak detectors are not reliable, and you should not rely on them as a foolproof method to prevent water related damages. Furthermore, if the leak occurs after the DI tanks, then the deionized water often doesn't activate the leak detector since deionized water is not very conductive. NOT A WARRANTY: This notice is provided for informational purposes only and does not constitute a warranty or guaranty of any kind by PURETEC. The only warranties provided by PURETEC are as expressly set forth in the General Terms and Conditions. Except as otherwise expressly agreed by PURETEC in writing, Customer shall be solely responsible and liable for the performance of all appropriate maintenance and operation of the water treatment system. P;-]e g ;cf 0 Initials A� " CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 1(MM/DD5 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 CONTACT NAME: Patty Lugo Arthur J. Gallagher Risk Management Services, LLC HON 500 N. Brand Boulevard Ext : 818-449-0289 ac, No : 818-746-9954 (AMAIL ADDRESS: Patty_Lugo@ajg.com Suite 100 INSURER(S) AFFORDING COVERAGE NAIC# Glendale CA 91203 INSURERA: National Union Fire Insurance Company of Pittsburg 19445 License#: OD69293 INSURED JHARRIS-02 INSURERB: Travelers Property Casualty Co of America 25674 J. Harris Industrial Water Treatment, Inc. dba Puretec Industrial Water INSURERC: Indian Harbor Insurance Company 36940 INSURERD: Westchester Fire Insurance Company 10030 3151 Sturgis Rd Oxnard CA 93030 INSURER E7 INSURER F : COVERAGES CERTIFICATE NUMBER: 1754943100 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 5268254 6/30/2024 6/30/2025 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE � OCCUR DA PREM SESOEa occurrDence $ 300,000 MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY � ECT � LOC X PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY Y Y 4489737 6/30/2024 6/30/2025 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY B X UMBRELLA LAB X OCCUR CUP-7W046040-24 6/30/2024 6/30/2025 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 EXCESS LAB CLAIMS -MADE DED X RETENTION $ 1 n nnn $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE Y 015893872 6/30/2024 6/30/2025 X PER OTH- STATUTEI ER E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? FN] N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Excess Liab $5M part of $10M SXS005939303 6/30/2024 6/30/2025 Limit $5,000,000 D Excess Liab $5M part of $10M G4866491 A 001 6/30/2024 6/30/2025 Limit $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) City of Santa Ana, its City Council, its officers, officials, employees, agents and volunteers are named as Additional Insureds with respects to General Liability per form CG 20 15 04 13 and per form CG 20 33 04 13 and Auto Liability per form 87950 (10/05). General Liability policy is primary and non-contributory per form CG 20 01 04 13. Waiver of Subrogation applies in favor of additional insureds on General Liability per form CG24040509, Auto Liability per form 62897 (6/95) and Workers Compensation coverage per form WC 00 03 13. The Producer will endeavor to mail 30 days written notice to the Certificate Holder named on the certificate if any policy listed on the certificate is cancelled prior to the expiration date. Failure to do so shall impose no obligation or liability of any kind upon the Producer or otherwise alter the policy terms. Tu Tran T�Ta',N9 Yen late* O 'N u e n A-0 ooAPPROVED CERTIFICATE HOLDER CANCELLATION By Tu Tran Nguyen at4:12 pm, May 01, 2025 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Attention: Susan Gorospe AUTHORIZED REPRESENTATIVE 60 Civic Center Plaza M-97 Santa Ana CA 92701 ��/A' @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 526-82-54 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. 4 44g-05?1& 1,4. Authorized Representative CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ENDORSEMENT This endorsement, effective 12:01 A.M. 6/30/2024 forms a part of Policy No. 448-97-37 issued to J. HARRIS INDUSTRIAL WATER TREATMENT, INC. DBA PURETEC INDUSTRIAL WATER, INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDIILE ADDITIONAL INSURED: "Any person or organization for whom you are contractually bound to provide Additional Insured status but only to the extent of such person or organizations liability arising out of the use of a covered "auto". I. SECTION II - LIABILITY COVERAGE, A. Coverage, 1. — Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. 4 4495�4 &I, Authorized Representative 87950 (10/05) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ENDORSEMENT This endorsement, effective 12:01 A.M. 6/30/2024 forms a part of Policy No. 448-97-37 issued to J. HARRIS INDUSTRIAL WATER TREATMENT, INC. DBA PURETEC INDUSTRIAL WATER, INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV - Business Auto Conditions, A. - Loss Conditions, 5. - Transfer of Rights of Recovery Against Others to Us, is amended to add: However, we will waive any right of recovery we have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an "accident" or "loss" if: (1) The "accident" or "loss" is due to operations undertaken in accordance with the contract existing between you and such person or organization; and (2) The contract or agreement was entered into prior to any "accident" or "loss". No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights or lien to be reimbursed from any recovered funds obtained by any injured employee. 4449:!�/4 &4. Authorized Representative 62897 (6/95) POLICY NUMBER: 526-82-54 COMMERCIAL GENERAL LIABILITY CG 20 15 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - VENDORS 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) (Vendor) Your Products Any person or organization to whom you Per the contract or agreement become obligated to include as an additional insured as a result of any written contract or written agreement." 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 include as an additional insured any person(s) or organization(s) (referred to throughout this endorsement as vendor) shown in the Schedule, but only with respect to "bodily injury" or "property damage" arising out of "your products" shown in the Schedule which are distributed or sold in the regular course of the vendor's business. However: 1. The insurance afforded to such vendor only applies to the extent permitted by law; and 2. If coverage provided to the vendor is required by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. B. With respect to the insurance afforded to these vendors, the following additional exclusions apply: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. 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; CG 20 15 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 e. Any failure to make 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; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. 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 h. "Bodily injury" or "property damage" arising out of 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: (1) The exceptions contained in Sub- paragraphs d. or f.; or (2) 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. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. C. With respect to the insurance afforded to these vendors, the following is added to Section III — Limits Of Insurance: If coverage provided to the vendor is required by a contract or agreement, the most we will pay on behalf of the vendor is the amount of insurance: 1. 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. i2,d,.b7.� Authorized Representative Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 15 04 13 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY 526-82-54 CG 20 33 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II - Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an addi- tional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. 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 insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an addi- tional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional ex- clusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrong- doing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily in- jury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location 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 a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: CG 20 33 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 2 ❑ 1. Required by the contract or agreement you have entered into with the additional insured; 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. Jd+6..g5�,,.c Authorized Representative Page 2 of 2 0 Insurance Services Office, Inc., 2012 CG 20 33 04 13 11 POLICY NUMBER: 526-82-54 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: PURSUANT TO APPLICABLE WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO. Information required to complete this Schedule, if not shown above, will e shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV —Conditions: 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. Authorized Representative CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 D WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 6/30/2024 forms a part of Policy No 015893872 Issued to J. HARRIS INDUSTRIAL WATER TREATMENT, INC. By NEW HAMPSHIRE INSURANCE COMPANY 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 any one not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION TO WHOM YOU BECOME OBLIGATED TO WAIVE YOUR RIGHTS OF RECOVERY AGAINST, UNDER ANY CONTRACT OR AGREEMENT YOU ENTER INTO PRIOR TO THE OCCURRENCE OF LOSS. This form is not applicable in California, Kentucky, New Hampshire, New Jersey, North Dakota, Ohio, Tennessee, Texas, Utah, or Washington. WC 00 03 13 (Ed. 04/84) Countersigned by___________________ Authorized Representative ,a`oRo° CERTIFICATE OF LIABILITY INSURANCE DATE /YYW) (MM/DD(MMIDD5 7 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 CONTACT NAME: Jennifer Isley Arthur J. Gallagher Risk Management Services, LLC PHONE FAX 500 N. Brand Boulevard A/C No EXt: 949-349-9885 A/c,No: E-MSuite a' com ADDRESS: JenniferIsley@ajg.com 100 INSURER(S) AFFORDING COVERAGE NAIC# Glendale CA 91203 INSURERA: National Union Fire Insurance Company of Pittsburg 19445 License#: OD69293 INSURED JHARRIS-02 INSURERB: Indian Harbor Insurance Company 36940 J. Harris Industrial Water Treatment, Inc. dba Puretec Industrial Water INSURERC: Travelers Property Casualty Company of America 25674 INSURERD: Westchester Surplus Lines Insurance Company 10172 3151 Sturgis Rd Oxnard CA 93030 INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER: 1890212527 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 526-82-54 6/30/2025 6/30/2026 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE OCCUR PREMISES DAMAGE TO ccurrence PREMISES Ea occurrence) $ 300,000 MED EXP (Any one person) $ 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PECOT- � LOC X PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY Y Y 448-97-37 6/30/2025 6/30/2026 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ FIR ER DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY L $ C X UMBRELLA LIAB X OCCUR CUP-5Y218266-25-NF 6/30/2025 6/30/2026 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 EXCESS LAB CLAIMS -MADE DED X RETENTION $ 1 n nnn $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE Y 970-87-427 6/30/2025 6/30/2026 X PER OTH- STATUTEI ER E.L. EACH ACCIDENT $ 1,000,000 OFFICE R/MEMBER EXCLUDED? FNN] N /A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 B Excess Liab $5M part of $10M SXS005939304 6/30/2025 6/30/2026 Limit $5,000,000 D Excess Liab $5M part of $10M G4866491 A 002 6/30/2025 6/30/2026 Limit $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) City of Santa Ana, its City Council, its officers, officials, employees, agents and volunteers are named as Additional Insureds with respects to General Liability per form CG 20 37 12 19 and per form CG 20 10 12 19 and Auto Liability per form 87950 (10/05). General Liability policy is primary and non-contributory per form CG 20 01 04 13. Waiver of Subrogation applies in favor of additional insureds on General Liability per form CG24040509, Auto Liability per form 62897 (6/95) and Workers Compensation coverage per form WC 00 03 13. The Producer will endeavor to mail 30 days written notice to the Certificate Holder named on the certificate if any policy listed on the certificate is cancelled prior to the expiration date. Failure to do so shall impose no obligation or liability of any kind upon the Producer or otherwise alter the policy terms. TuTran Du TrainNguyenigned by Nguyen Date:2620700'9 APPROVED CERTIFICATE HOLDER City of Santa Ana Attention: Susan Gorospe 60 Civic Center Plaza M-97 Santa Ana CA 92701 CANCELLATION lay ru Irdn rvguyen di r:vi pm, ✓ur uu, cuca 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 f l� © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ENDORSEMENT This endorsement, effective 12:01 A.M. 6/30/2025 forms a part of Policy No. 448-97-37 issued to J. HARRIS INDUSTRIAL WATER TREATMENT, INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: "Any person or organization for whom you are contractually bound to provide Additional Insured status but only to the extent of such person or organizations liability arising out of the use of a covered "auto". SECTION II - LIABILITY COVERAGE, A. Coverage, 1. — Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. 44ftg.5 ?&g &,JL Authorized Representative 87950 (10/05) ENDORSEMENT This endorsement, effective 12:01 A.M. 06/30/2025 forms a part of Policy No. 448-97-37 issued to J. HARRIS INDUSTRIAL WATER TREATMENT, INC. DBA PURETEC INDUSTRIAL WATER by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV - Business Auto Conditions, A. - Loss Conditions, 5. - Transfer of Rights of Recovery Against Others to Us, is amended to add: However, we will waive any right of recover we have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an "accident' or "loss" if: (1) The "accident' or "loss" is due to operations undertaken in accordance with the contract existing between you and such person or organization; and (2) The contract or agreement was entered into prior to any "accident' or "loss". No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights or lien to be reimbursed from any recovery funds obtained by any injured employee. AUTHORIZED REPRESENTATIVE 62897 (6/95) Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 1 POLICY NUMBER: 526-82-54 COMMERCIAL GENERAL LIABILITY CG20371219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS 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 ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT. BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. 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 include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". 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: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: 526-82-54 COMMERCIAL GENERAL LIABILITY CG20101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION 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 ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT. BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 10 12 19 0 Insurance Services Office, Inc., 2018 Pagel of 2 ❑ 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 "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. 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 insured(s) at the location(s) designated above. 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 additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. 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 a principal as a part of the same project. 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: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 ENDORSEMENT This endorsement, effective 12:01 A.M. 06/30/2025 forms a part of Policy No. 526-82-54 issuedto J. HARRIS INDUSTRIAL WATER TREATMENT, INC. DBA PURETEC INDUSTRIAL WATER by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED This policy is amended as follows: In the event that thelnsurer cancels this policy for any reason other than non-payment of premium, and 1 . the cancellation effective date is prior to this policy's expiration date; 2. the First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and 3. the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders withi n 30 days after the First Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after theFirst Named Insured provides such information to the Insurer. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following Definitions apply to this endorsement: 1. First Named Insured means the Named Insured shown on the Declarations Page of this policy. 2. Insurer means the insurance company shown in the header on the Declarations page of this policy. All other terms, conditions and exclusions shall remain the same. Authorized Representative 107414 (3/1 1) Includes copyrighted material of Insurance Services Office, Inc. with its permissiorP.age 1 of 1 POLICY NUMBER: 526-82-54 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1)The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: 526-82-54 COMMERCIAL GENERAL LIABILITY CG24041219 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): PURSUANT TO APPLICABLE WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. 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. CG 24 04 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement change-: =ha poi cy to which it is attached effective on the inception dote of the policy unless a differentdote is indicated below. (The fthw-ig 'attorning chute" need to covoetec my 'hen tn: endni terne nt c h^jee nub regnant to (neperotnn of the percy). • This, endorsement, effective 12:01 AM 06/30/2025 farms a part of Policy Na. WC 970-87-427 fasuedtoJ. HARRIS INDUSTRIAL WATER TREATMENT, INC. DBA By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA We have a right to iecoverour payments from anyone Bette for an injury cove ec bythis policy. We will notenforce our rightagainst any person ororganization with whomyou have a written contractthat requiresyou to obtain Chis agreementfrom us. as regards any work you perform for such parson or organization. The additional premium for this endorsement shall be 2.00 % of the total estimated workers compensation premium far 1 his policy. WC M 03 61 Countersigned by (Ed. 11/90) Authorized Representative