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HomeMy WebLinkAbout120 WATER, INC. INSiJF;A-NUL ON FILE W N-2025-175 WORK h�tkY PROCEED UNTIL P€ySUR .f lyE EXPii3E — My CLER ©!"J' JUL 0 1 205 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND 120 WATER,INC. TO PROVIDE END-TO-END LEAD AND COPPER COMPLIANCE l PROGRAM SOLUTION RENEWAL SERVICES THIS AGREEMENT ("Agreement") is made and entered into this 71h day of April 2025 (the �W HOW" "Effective Date"), by and between 120 Water, Inc. ("Consultant"), 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 Consultant having special skill and knowledge in the field of end-to-end Lead and Copper Compliance Program solutions for the City's Public Works Agency. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting 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 On an as-needed basis Consultant shall perform 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 - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay,and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Consultant's Fee Proposal-Exhibit B,attached hereto and incorporated by reference. The total sum to be expended under the term of this Agreement shall not exceed$50,000.00, and is comprised of the base amount of $49,130.00 and a contingency amount of $870.00 for any additional and as-needed services, to be exercised at the City's sole discretion, b. 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 Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant #Z004701v1 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 Consultant'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 and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the Effective Date and terminate on April 6,2027, unless terminated earlier in accordance with Section 17, below. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on"public works" and"maintenance"projects. If the services being performed are part of an applicable "public works"or"maintenance"project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant 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 Consultant performs the services which are the subject matter of this Agreement; however,the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant 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. 6. OWNERSHIP OF MATERIALS "120Water Platform" means 120Water's proprietary online hosted software platform, website, operating systems, hardware, and other technical resources used by 120Water to provide the SaaS Services. "Deliverables"means (a)the deliverables (e.g., custom reports)specified in an applicable Scope of Services(attached hereto or as entered into and signed by both parties during this Agreement) that are expressly created by Consultant for the City and(b) all reports provided or made accessible to the City pursuant to the Scope of Services. The City shall own all Deliverables. "Usage Data" means statistical data related to Customer's access to and use of the Page 2of10 SaaS Services and data derived from it, that is used by 120Water, including to compile statistical and performance information related to the provision of the Services and operation of the 120Water Platform. Consultant shall own all right,title and interest,including all intellectual property rights, in and to Consultant's proprietary online hosted software platform, website, operating systems, hardware, and other technical resources used by Consultant to provide the Services (which Services include developing, training, testing, correcting, and improving the platform, such activities for which may include the use of the City's data), and all new programs, upgrades, modifications, or enhancements the foregoing developed by Consultant in connection with rendering the Services to the City. Consultant shall own all right, title, and interest in and to all Usage Data. This Agreement creates a non-exclusive and perpetual 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 by Consultant and delivered to City under this Agreement("Documents&Data").Consultant 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. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.Consultant makes no such representation and warranty in regard to Documents&Data which were provided to Consultant 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. 7. INSURANCE Consultant shall procure and maintain for the duration of the Agreement insurance as set forth below which may arise from or in connection with the performance of the work hereunder by Consultant, its agents,representatives, or employees. Minimum Scope and Limit of Insurance. Coverage 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 general aggregate. • Cyber Liability: Insurance, with limits not less than$1,000,000 per occurrence or claim and $1,000,000 aggregate. Coverage shall be for claims involving security breach, system failure, data recovery, business interruption, and cyber extortion. Coverage for claims involving social engineering shall have a limit not less than $250,000. The policy shall provide coverage for breach response costs,regulatory fines and penalties as well as credit monitoring expenses. • Workers' Compensation as required by the State of California, with statutory limits, and Employer's Liability insurance with limits of no less than $1,000,000 per accident, policy, employee, for bodily injury or disease. • If Consultant maintains broader coverage and/or higher limits than the minimums shown above for any line of coverage, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and Page 3 of 10 coverage shall be available to Customer. Other Insurance Provisions. The above required insurance policies are to contain or be endorsed to contain the following provisions: • City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CGL, and Cyber Liability policies, with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, and equipment furnished in connection with such work or operations. • Consultant's Insurance companies agree to waive all rights of subrogation against City of Santa Ana, 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 Consultant under this Agreement. • For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City of Santa Ana, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. • A severability of interest provision must apply for all the additional insureds, ensuring that Consultant'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. • Insurance policies required herein 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 notice shall be provided to City for policy cancellation or non- renewal due to non-payment of premium. • Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana,Attention: (Heidi Chou, Water Resources Division), 220 S. Daisy Avenue M-85, Santa Ana, CA 92703. The name and location of project must be included in the Description of Operations section of each certificate. Self-Insured Retentions. Self-insured retentions must be declared to and approved by City. City may require Consultant to 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-:VIZ, unless otherwise acceptable to City. Claims Made Policies.If any of the required policies provide coverage on a claims-made basis: • The retroactive date must be shown and must be before the date of the contract. • Insurance must be maintained and evidence of insurance must be provided for at least three(3)years after completion of work. • 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, Consultant must purchase "extended reporting" coverage for a minimum of three (3) years Page 4 of 10 after completion of work. Verification of Coverage. Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause). Failure to obtain the required documents prior to the work beginning shall not waive Consultant'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. Special Risks or Circumstances. Customer reserves the right to modify these requirements, including limits,based on the nature of the risk,prior experience,insurer, coverage, or other special circumstances,provided that Consultant has the right to terminate this Agreement without penalty if such modified requirements are objectionable to Consultant. Failure to Maintain Insurance Coverage.If Consultant, for any reason, fails to maintain the insurance coverage as required pursuant to this Agreement for the entire term of this Agreement,the same shall be deemed a material breach of Agreement. Customer,at its sole option, may terminate this Agreement at any time and obtain damages from Consultant resulting from said breach. 8. INDEMNIFICATION; LIMITATION OF LIABILITY a. Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,agents, employees, contractors, special counsel,and representatives from liability: (1) for third-party claims for personal injury,damages,just compensation,restitution,judicial or equitable relief arising out of third-party claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Section I of this Agreement; and (2) from,any third-party 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 terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, 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 third party asserting that personal injury, damages,just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding, Notwithstanding the foregoing, to the extent Consultant'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 of, pertain to, or relate to the negligence,recklessness, or willful misconduct of the Consultant. b. EXCEPT FOR INTELLECTUAL PROPERTY INFRINGEMENT, BREACH OF CONFIDENTIALITY, AND INDEMNIFICATION OBLIGATIONS (AS PROVIDED FOR IN SECTION 8.A.), IN NO EVENT SHALL CONSULTANT'S TOTAL AGGREGATE Page 5 of 10 LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE AMOUNT OF INSURANCE COVERAGE UNDER THE POLICY LIMITS AS AGREED TO BY THE PARTIES IN SECTION 7 ABOVE,REGARDLESS AS TO WHETHER SAID POLICY LIMITS ARE PAID IN-WHOLE OR IN-PART BY CONSULTANT'S INSURER. C. EXCEPT FOR INTELLECTUAL PROPERTY INFRINGEMENT, BREACH OF CONFIDENTIALITY, AND INDEMNIFICATION OBLIGATIONS, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE PARTIES EXPRESSLY AGREE THAT IN NO EVENT SHALL CONSULTANT HAVE ANY LIABILITY TO THE CITY FOR ANY LOST PROFITS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL,PUNITIVE,CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND OR NATURE HOWEVER CAUSED, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, SUBSTITUTE GOODS OR SERVICES, WORK STOPPAGE, DATA LOSS, LOST PROFIT OR COMPUTER FAILURE, INCURRED BY THE CITY OR ANY THIRD PARTY,WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the Deliverables provided by Consultant to the City pursuant-to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant 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 final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant 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. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the 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 Page 6 of 10 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-use and nondisclosure shall not apply to any information that(a)has been disclosed in publicly available sources; (b)is,through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or(e) is independently developed. by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. 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 92702-1988 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza(M-21) P.O. Box 1988 Santa Ana, CA 92702 To Consultant: 120 Water, Inc. 250 S. Elm Street Zionsville, IN 46077 Attn: Sarah Hatch 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 Page 7 of 10 timefrarnes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, 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 Consultant. 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 Consultant 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 are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign or transfer any interest herein without the prior written consent of the City and any such assignment or transfer without the City's prior written consent shall be considered null and void, provided, however, that Consultant may assign, convey, or transfer (whether by contract, merger or operation of law) (collectively "assign" and its cognates) any or all of its rights or obligations under this Agreement, whether by operation of law or otherwise, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of Consultant's assets or equity, provided that (a) if the assignee cannot provide the City with adequate written assurances of performance of all terms of this Agreement,to be determined at the City's sole reasonable discretion,or(b)if the assignee is an entity with whom the City is prohibited by law or regulation from conducting business, then the City may terminate this Agreement. 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 Consultants retained by City. 16. 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. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination, provided that Consultant shall have thirty (30) days from receipt of such notice to cure any default by Consultant under this Agreement. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: Page 8of10 a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all Deliverables completed as of such date, and in such case such Deliverables shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. 18. NON-DISCRIMINATION Consultant shall not discriminate because of race,color, creed,relation, sex,marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. 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 of this Agreement. 20. PROFESSIONAL LICENSES Consultant 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. Consultant 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. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, 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 fully set forth in the body of this Agreement. [signatures appear on following page] Page 9 of 10 I i I SIGNATURE PAGE TO AGREEMENT BETWEEN THE CITY OF SANTA ANA AND 120 WATER, INC. TO PROVIDE END-TO-END LEAD AND COPPER COMPLIANCE PROGRAM SOLUTION RENEWAL SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. o 9e ATTEST: :CITY F NTA AN Jennifer Hal Alvaro Nunez City City Manager APPROVED AS TO FORM CONSULTANT SONIA R. CARVALHO 120 WATER, INC. City Attorney By: (- Jonathan T. Martin z By Melissa Gindling Assistant City Attorney Title:SVP, Account Management RECOMMENDED FOR APPROVAL �"d sa-aa' Nabil Saba, P.E. Executive Director Public Works Agency Page 10 of 10 EXHIBIT A SCOPE OF SERVICES EXHIBIT A 120Water "' Santa Ana + 120W Partnership & Renewal C.pyncgh.1-_02(1120,f ar-_r,In, I All Mghc R.^sc.w 1 Current State What Does Post-Submission Look Like Agenda 120W Programs & Solutions Next Steps -.- 1140 120WaterTM Contract Information & Compliance Milestones The LCRR/LCRI �� Sr" Compliance Journey • Data Review b Cleaning 120Water" Generate YY Preliminary Inventory � Reduce Unknowns wl 120Water Contract Additional Data Sources b Programs Finalize&Submit Inventory I Products&Services I Send 30 Day LCRR Notifications • to Residents with Unknown, Lead,&GRR Lines Within Contract Sco;7e Make Inventory Available to Public Ongoing Verification Work to Reduce Unknowns Lead b GAR Service Line ^vai rissn°:o+ Replacement Plan Sampling(School&Child Care, 9f6/23 to 9/6/24 LCR,LSLR,Customer Request) Current State Serv�c�r �I! I+GS CreakcServiceLine Import5erviceLines , Lisle r1 ;. inventory Submission Qeaciline 11$ Days Octot�er 16th 2024 0Lead Galvanized2753fi 17820Unknown Foundation� on ghjC) Q .d m pt i af h tb SL Inventory Location-based 0 Customer Notifications Replacement School & Chitdcare Trackable &Traceable ° = Sampling & Pitcher Filters Facility Sampling 0 24-Hour Notice "Find & Fix"Provision Triggered ALE Communication Retest& Remediate - - --- --- - --- - - - -- - - -- - -- - - -- - -- - - - - - -- -- - - - - - --- --- -- - - - -- - --- lupp� Data Compliance - Unify& Report 120Water- Mufti-Departmental ConsumerTransparency8, Collaboration Communication New 1.1 . Modern � Solutions 1UU�u�_ Data Connected Tools Accessibility and Programs . 0 I�_ O•� .O 4 qQ - Updated Sampling Public Pressure Protocols About Public Health Centralized access to the right information, for the right person,at the right time Our Solutions Software Products Services Data Management,Inventory, Water Sampling Kits Managed Services Streamlines!Submission,Public Transparency Dashboard Pitcher Filter Kits Q LCPP Sampling,Communications, Communications (letters& a Sampling& Distribution Program Management.& Postcards) Workflows 0 Program Management Surveys o Advanced Data Services Lead In Facilities-School and Daycares,Buiidincg Inventory, Professional Services Planning,Sampling. v Data & Integration Communication Analysis Bfocks of hours 120Water'" ns Samples Inv ior_,, Communications LSL Probability Finder Next Steps Filter Data Evaluate ♦ Validate Solutions Fier Programs Euents Public Private Renewal Proposal 7 2 LCR Sampling Pawnee LCR 2021 cm RM Procurement ♦ ContractIN 46077 ? ® C3 LCR Sampling Pawnee LCR 2021 -6077 1 LCR Sampling Pawnee LCR 2021 Post-Submission PrII 1 LCR Sampling Pawnee LCR 2021J.,62113 - 2 LCR Sampling Pawnee LCR 2021 2 LCR Sampling Pawnee LCR 2021EM go ee.IN 46077 3 LCR Sampling Pawnee LCR 2021 _edar SL Pawnee.IN 46)77 1 LCR Sampling Pawnee LCR 2021 720 W Oak It.Pawnee.IN 460TJ.- 2 LCR Sampling Pawnee LCR 2021 EXHIBIT B CONSULTANT'S FEE PROPOSAL (including hourly rates if applicable) EXHIBIT B E B R - N B - City Ofi Santa Ana - CA Customer-City of Santa Ana-CA Reference:20240723-130448915 220 South Daisy Ave Bldg A,- Quote created:July 23,2024 Santa Ana,CA 92703 Quote expires:September 6,2024 United States. Quote created by:Sarah Hatch Strategic Account Manager sa rah.hatch@t20water.cam Heidi Chau hchou�asantMr.-ana.arg Robert Hernandez. Comments from Sarah Hatch Robert& Heidi - here,is a proposa� for renewal of your software,services and I've added an 2,500 annual ryhe r n a nd ez Casa nta-a n a.o rg 7146473341 • ManagedProducts & Services Item Name Billing Frequency Term (months) PWS Pro Annually 12 LCRP - - Annually Standard Letters Annual subtotal $43,830,00 One-time subtotal $S,300.00 Total $49,130.00 Purchase terms Invoice Terms: Billing Street Address: Billing City: Billing State: Billing Zip Code: Billing Country: Billing Notes (if applicable): This Order Form,together with the Master Services Agreement available at https://120water.com/master- services-agreement (the"MSA"),shall become a legally binding contract upon the earlier of(a)the date both parties execute the Order Form or (b)the date Customer initially began using the Services.Any capitalized word not otherwise defined in this Order Form shall have the same meaning as set forth in the MSA. 120Water may reject this Order Form if: (1)the signatory below does not have the authority to bind Customer to this Order Form, (2) changes have been made to this Order Form (other than completion of the purchase order information and signature block),or(3)the requested purchase order information or signature is incomplete or does not match our records or the rest of this Order Form.Subscriptions are non-cancelable before their end of the Term. Signature Signature Date Printed name Questions?Contact me Sarah Hatch Strategic Account Manager sa ra h.hatc h @120wa to r.co m 120Water 250 S Elm St Zionsville, IN 46077 11S i Ai!L), CERTIFICATE OF LIABILITY INSURANCE r AT412MIDDN Y) �NiTHIS 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 Alliant Insurance Services, Inc. PHONE Aimee Smith FAX 32 Cl Slip 29th FI AfC No: New York NY 10005 E-MAIL O R€Ss: Aimee.Smith alliant.com INSURER(S)AFFORDING COVERAGE NAIC# License#:OC36861 INSURER A:Houston Casualty Company 42374 INSURED 120WATE-01 INSURER B: 120 Water, Inc. 250 S Elm Street INSURERC: Zionsville IN 46077 INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER:1179352150 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. WSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER MMfaIO�YY MMI�DYYYY LIMITS LTR COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE 1-1 OCCUR DAMAGE (RENTED PREMISESS Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ G£N'L AGGRFGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY 0 J ' ❑LOC PRODUCTS-COMPfOP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident} $ HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ LCE ALIAS OCCUR EACH OCCURRENCE $ LIAB CLAIMS-MADE AGGREGATE RETENTION$ $ WORKERS COMPENSATION I SEATU7E OTRH- AND EMPLOYERS'LIABILITY Y 1 N ANYPROPRIETORIPARTNERIEXECUTIVE ❑ E.L.EACH ACCIDENT 5 OFFICE RIMEM9ERFXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE.$ If yes,describe under DESCRfPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S A Cyber Liability Y Y H24TG34885-00 6/772024 6f7I2025 Each Claim/Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Santa Ana,its City Council,its officers,officials,employees,agents,and volunteers are included as Additional Insured with regards to the Cyber Liability as required by written contract subject to the policy terms and conditions.Coverage is Primary and Non-Contributory with regards to the Cyber Liability as required by written contract subject to the policy terms and conditions.Waiver of Subrogation applies with regards to the Cyber Liability as required by written contract subject to the policy terms and conditions.30 days notice of cancellation applies,except non payment of premium which is 10 days,in accordance with the terms and conditions of the policy. APPROVED By To Tran Nguyen at 7:27 am,Jun 2fi,2025 CERTIFICATE HOLDER CANCELLATION 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: (Heidi Chou,Water Resources Divis'ian) 220 S. Daisy Avenue M-85 AUTHORIZED REPRESENTATIVE Santa Ana CA 92703 O 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD AC"Rl:> CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYYY) 111`1� 1 411812025 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 Alliant Insurance Services, Inc. PHONE Paulina Lipinski FAX 125 High St. Ste. 2205 AIc No): Boston MA 02110 -ADDRESS: Pauli na.Ll inski alliant,com INSURERS AFFORDING COVERAGE NAiC# License#:OC36661 INSURER A:Homeland Insurance Company of 34452 INSURED INSURER B 120 Water, Inc. P.O. Box 604 INSURER C: Zionsville IN 46077-0604 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:695074136 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBA POLICY EFF POLICY EXP LTR POLICY NUMBER MMIDDNYYY MMIDDIYYYY LIMITS _ A X COMMERCIAL GENERAL LIABILITY Y Y 793-01-34-30-0000 7/712024 6/7/2025 EACH OCCURRENCE $1,000,OOD DA A E TO RENTED CLAIMS-MADE X OCCUR PREMISES Ea occurrence $100,000 MED EXP(Any one person) $10,000 PERSONAL BADVINJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY JJECOT- 1.00 PRODUCTS-COMPIOP AGO $2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accldent $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE I ER ANYFROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBEREXCLUDED7 NIA E.L.EACH ACCIDENT $ (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) RE:END-TO-END LEAD AND COPPER COMPLIANCE PROGRAM SOLUTION RENEWAL SERVICES See the attached endorsements/policy forms for applicable requirements.Refer to page 30-31 for Separation of Insureds provision on the General Liability �IgRalfy n19n d 7u Tran ' Tra r APPROVED Jg�yen Nguye n Mr.!N25 ua.z5 07:2e16-07100' By Tu Tran Nguyen at 7.27 am,Jun 26,2025 CERTIFICATE HOLDER CANCELLATION 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: (Heidi Chou,Water Resources Division) 220 S. Daisy Avenue M-85 AUTHORIZED REPRESENTATIVE Santa Ana CA 92703 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD AC RV CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 6125I2025 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($), 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: Mane a pint LLC Accretive Global Risk Advisors, LLC PHONE FAx dba Libertate Insurance Services E•MA1L E Alc No): 20 N.Orange Avenue, Suite 500 ADDRESS, qqb.tequesta.certs(cDaIq.com Orlando, FL 32801 INSURERS AFFORDING COVERAGE NAIC# www,libertateins.com INSURER A: Key Risk Insurance CompanyiQ885 INSURED Managepoint, LLC INSURERB: 9119 Otis Avenue INSURERC: Indianapolis IN 46216 INSURERD; INSURER E I INSURER F COVERAGES CERTIFICATE NUMBER: 85922418 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. INBR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR POLICYNUMBER MMIDDJYYYY MM1DD LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCUGE TO RENTED $ bA CLAIMS-MADE OCCUR PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY❑ JECT 0 LOC PRODUCTS-COMPlOPAGO $ OTHER: $ AUTOMOBILE LIABILITY COMBINED&NGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY Per accident AUTOS ONLY AUTOS ( ) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accldenl $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB Ed.CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ A WORKERS COMPENSATION KEYPE000003501 12/1/2024 12/1/2025 IPER OTH- AND EMPLOYERS'LIABILITY Y 1 N ✓ STATUTE ER ANYPROPRIETORIPARTNEP4EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFJOERIMEMBEREXCLl1DEp7 N N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1 O00 Ir yes,describe under DESCRIPTION OF OPERATIONS below E.L,DISEASE-POLICY LIMIT $1 000 000 DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES(ACORD 101,Addillonal Remarks Schedule,may be attached if more space is required) THIS CERTIFICATE CONFERS NO ADDITIONAL INSURED RIGHTS UPON THE CERTIFICATE HOLDER, Coverage provided in all states(except in monopolistic slates)for all leased employees but not subcontractors of: PEO Client:120Water, Inc. Effective 12/01/2020 Waiver of Subrogation In favor of City of Santa Ana APPROVED By Yu Tran L 7:27 am,Jun 26,2025 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Water Services Quality Coordinator ACCORDANCE WITH THE POLICY PROVISIONS. 215 S Center St Santa Ana CA 92703 AUTHORIZED REPRESENTATIVE Paul R.Hughes ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 059229 t0 I Master WITH $NOS I Pam summers L 6/25/2025 10:52:01 AM (EDT) I page I of 1 rt This ceificate cancels and supersedes ALL previounly issued certificates. AR©, CERTIFICATE OF LIABILITY INSURANCE rATE (MMID fY Y) 11`.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 1NSURER(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 Alliant Insurance Services, Inc. NAME: Aimee Smith PHONE FAX 32 Old Slip 29th FI c Arc No New York NY 10005 E-MAIL Aimee.Smith@aIlianl.com INSURER S.AFFORDING COVERAGE NAIC# Licenser€:OC36861 INSURER A:Houston Casualty Company 42374 INSURED 120WATE-01 INSURER B: 120 Water, Inc. 250 S Elm Street INSURER C: Zionsville IN 46077 INSURERD: INSURER E INSURER F COVERAGES CERTIFICATE NUMBER:1179352150 REVISION NUMBER: THIS 15 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. INSit TYPE OF INSURANCE ADOL SUBR POLICY EFF POLICY EXP LTR POLICY NUMBER MMJDDfYYYY) (MMIDDfYYYYL LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP(Any une person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY JECTPRO- LOG PRODUCTS-COMPlOP AGG $ OTHER: 3 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S Ea accident ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED BODILY INJURY Per accident $ AUTOS ONLY AUTOS ( 1 HIRED NON-OWNED PROPERTYDAMAGE AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAe OCCUR EACH OCCURRENCE- EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETOR/PARTNERIEXECUTIVE OFFICERlMEMBEREXCLLIDED? ❑ N f A E.L.EACH ACCIDENT 5 [Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S If yes,describe under DESCRIPTION OF OPERATIONS below EL,DISEASE-POLICY LIMIT A Cyher Liability Y Y H24TG34885-00 6/7/2024 6f7l2025 Each ClaimlAggregate $2,000.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Santa Ana,its City Council, its officers,officials,employees,agents,and volunteers are included as Additional Insured with regards to the Cyber Liability as required by written contract subject to the policy terms and conditions.Coverage is Primary and Non-Contributory with regards to the Cyber Liability as required by written contract subject to the policy terms and conditions.Waiver of Subrogation applies with regards to the Cyber Liability as required by written contract subject to the policy terms and conditions.30 days notice of Cancellation applies,except non payment of premium which is 10 days,in accordance with the terms and conditions of the policy. APPROVED CERTIFICATE HOLDER CANCELLATION ByTu Tran Nguyen at 7:27 am,.fury 26,2025 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: (Heidi Chou, Water Resources Division) 220 S. Daisy Avenue M-85 AUTHORIZED REPRESENTATIVE Santa Ana CA 92703 O 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD C. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 9. Premium and Audit a. We will compute all premiums for this policy in accordance with our rules and rates. b. Premium shown on the Declarations is a minimum and deposit premium for the policy period. It is payable in full at the inception of this policy. C. If a rate is shown on the Declarations then the final premium shall be subject to audit. At the close of each audit period we will compute the policy premium for that period and send notice to the Named Insured. The due date for audit is the date shown as the due date on the bill. Failure to pay the audit premium due may subject this policy, or any in-force policy of yours, to cancellation for non-payment of premium. (1) If the policy premium computed as a result of an audit is less than the total policy premium shown on the Declarations, the total policy premium shown on the Declarations is the minimum premium for the policy period and is not subject to adjustment. (2) If the policy premium computed as a result of an audit is greater than the total policy premium shown on the Declarations, then a Premium Audit Statement will be sent to the Named Insured. The additional premium amount shown on the Premium Audit Statement is due and payable to us upon receipt by the Named Insured. d. The Named Insured must keep records of the information we need for premium computation and send us copies upon request. e. We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. 10. Representation and Incorporation of the Application The insured represents that the particulars and statements contained in the application, questionnaire and any other materials submitted to us are true, accurate and complete and agree that: a. This policy is issued and continued in force by us in reliance upon the truth of such representations; b. Those particulars and statements are based upon the representations you made to us; and C. Application, questionnaire and any other materials submitted to us are incorporated in and form a part of this policy. In the event of any material untruth, misrepresentation or omission in connection with any of the particulars or statements in the application, this policy shall be void. 11. Separation of Insured% Except with respect to the limits of insurance, and any rights or duties specifically assigned in this policy to the Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and 30 of 43 Includes copyrighted material of Insurance Services Office, Inc. OBENV GL 101 (10 12) Copyright 2012, Intact Insurance Group USA LLC b. Separately to each insured against whom a claim is made or suit is brought. 12. Service of Suit In the event of our failure to pay any amount claimed to be due hereunder, we, at your request, will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this condition constitutes or should be understood to constitute a waiver of our rights to commence an action in any court of competent jurisdiction in the United States or to remove an action to a United States District Court or to seek a transfer of a case to another court as permitted by the laws of the Un ited States or of any state in the United States. It is further agreed that service of process in such suit may be made upon General Counsel, Intact Insurance Specialty Solutions - Legal Department, 150 Royall Street, Canton, Massachusetts 02021 or his or her representative, and that in any suit instituted against us upon this Policy, we will abide by the final decision of such court or of any appellate court in the event of any appeal. Further, pursuant to any statute of any state, territory, or district of the United States which makes provision therefore, we hereby designate the Superintendent, Commissioner or Director of Insurance, or other officer specified for that purpose in the statute, or his or her successors in office, as our true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by you or on your behalf or any beneficiary hereunder arising out of this Policy of insurance, and hereby designate the above named Counsel as the person to whom the said officer is authorized to mail such process or a true copy thereof. 13. Transfer of Rights of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. The insured must do nothing to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. Any recovery will be paid first to us until all amounts we have spent on a claim or suit have been reimbursed. The insured expressly waives the right to be made whole by any such recovery. 14. Inspections and Surveys a. We have the right to make inspections and surveys at any time, give you reports on the conditions we find, and recommend changes. b. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged, We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. We do not warrant that conditions are safe or healthful or comply with laws, regulations, codes or standards. 15. Transfer of Your Rights and Duties Under This Policy Your rights and duties under this policy may not be transferred without our prior written consent, except in the case of death of an individual Named Insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights. SECTION V—REPORTING AND EMERGENCY RESPONSE COSTS 1. Duties In The Event of an Occurrence, Offense, Claim or Suit a. You must see to it that we are notified as soon as practicable of an: (1) Occurrence, offense or pollution condition; or OBENV GL 101 (10 12) Includes copyrighted material of Insurance Services Office, Inc. 31 of 43 Copyright 2012,Intact Insurance Group USA LLC Policy Number: 793-01-34-30-0000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- SCHEDULED PERSON OR ORGANIZATION - FORM III This endorsement modifies coverage provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS ENVIRONMENTAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organization(s) Location(s) Of Covered Operations Any person or organization that the Named Insured agreed to add as an additional Any location where required by the written contract or written insured in a written contract or written agreement agreement in which the Named Insured agreed to add the person that was fully executed by the Named Insured or organization qualifying as an additional Insured under this prior to the performance of the Named Insured's endorsement. work that is the subject of such 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 the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury, property damage, environmental 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 contractor 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, property damage or environmental 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. OBENV GE 346(01 19) Contains copyrighted material of Insurance Services Office, Inc.with its permission Page 1 of 2 Copyright 2019,OneBeacon Insurance Group LLC Policy Number: 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 shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions remain the same. OBENV GE 346(01 19) Contains copyrighted material of Insurance Services Office,Inc.with its permission Page 2 of 2 Copyright 2019,OneBeacon Insurance Group LLC Policy Number: 793-01-34-30-0000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSESS OR CONTRACTORS -- COMPLETED OPERATIONS This endorsement modifies coverage provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS ENVIRONMENTAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s): Any person or organization that the Named Insured agreed to add as an additional insured in a written contract or written agreement that was fully executed by the Named Insured prior to the performance of the Named Insured's work that is the subject of such written contract or written agreement. Location And Description Of Completed Operations: Any location, and completed operations at such location, where required by the written contract or written agreement in which the Named Insured agreed to add the person or organization qualifying as an additional insured under this endorsement. A. SECTION II — WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s)shown in the Schedule, but only with respect to liability for bodily injury, property damage or environmental 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 contractor 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 1. Limits of Insurance in SECTION III—LIMITS OF INSURANCE AND DEDUCTIBLE: 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 shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions remain the same. OBENV GE 351 (09 20) Contains copyrighted matorial of Insurance Services Office, Inc,with its permission Page 1 of 1 Copyright 2020,OneBeacon Insurance Group LLC Policy Number: 793-01-34-30-0000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies coverage provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS ENVIRONMENTAL 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 this policy provided that: a. The additional insured is a named insured under such other insurance; and b. The Named Insured has agreed in writing in a contract or agreement that this insurance would: (1) Act primary to any other insurance available to the additional insured; and (2) Would not seek contribution from any other insurance available to the additional insured. All other terms and conditions remain the same. OBENV GE 319(11 20) Contains copyrighted material of Insurance Services office,Inc.with its permission Page 1 of 1 Policy Number: 793-01-34-30-0000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies coverage provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS ENVIRONMENTAL LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization that the Named Insured agreed to waive its rights of recovery against in a fully executed written contract. The following is added to the Transfer Of Rights Of Recovery Against Others To Us condition of SECTION 1V— 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 negligence during: 1. Your ongoing operations; or 2. Your work; performed under a written contract with such person or organization and included in the products-completed operations hazard. 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) in the written contract prior to loss. This waiver applies only to the person or organization shown in the SCHEDULE above. All other terms and conditions remain the same. OBENV GE 320(11 20) Contains copyrighted material of Insurance Services Office,Inc.with its permission Page 1 of 1 i 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 Any Party with whom the insured, 120WaterAudit, agrees to waiver of subrogation in a written contract. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Date:12/01/2024 Policy No, KEYPE000003501 Endorsement No. Policy Effective Date: 12/01/2024 to 12/01/2025 Premium $ Insured: Managepoint LLC DBA: Carrier Name!Code: Key Risk Insurance Company WC 00 03 13 Countersigned by (Ed. 4-84) ©1983 National Council on Compensation Insurance. Page 1 of 1 MM/DDfYYY AC"ROP CERTIFICATE OF LIABILITY INSURANCE DATa,lalzo25 Y> 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 NAMEAlliant Insurance Services, Inc. PHONE Pdullna Lipinski FAX 125 High St. Ste. 2205 c N Arc No: Boston MA 02110 E-MAIL Paulina.Lipinski@aIliant.com INSURERjS)AFFORDING COVERAGE NAIL# License#:OC36661 INSURERA:Homeland insurance Company of 34452 INSURED INSURER B: 120 Water, Inc, P.O. Box 604 INSURER C Zionsville IN 46077-0664 INSURER D: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:695074136 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDDIYYYY MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 793-C1-34-30-CD00 7/7/2024 6f712025 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR DAMAGE TO 1 E❑ PREMISES Ea o RENccurrence $100,000 MED EXP(Any one person) $10,000 PERSONAL&AOV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER'. GENERAL AGGREGATE $2,000,000 POLICY PR� LOC PRODUCTS-GOMPIOP AGG $2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) 5 AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accidentl S H I 5 UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAR El CLAIMS-MADE AGGREGATE S DED I I RETENTION 3 $ WORKERS COMPENSATION PER R OTH- E AND EMPLOYERS'LIABILITY Y I N STATUTE ANYPROPRIETORIPARTNERIEXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICERIM EMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under ❑ESCRf PTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:END-TO-END LEAD AND COPPER COMPLIANCE PROGRAM SOLUTION RENFWAL SERVICES See the attached endorsements/policy forms for applicable requirements.Refer to page 30-31 for Separation of Insureds provision on the General Liability Tu TranDig.Tran9"w uy"Y" APPROVE© Nguyen ea�z.2—A6.26 07:2a1ew•oo' By Tu Tran Nguyen at 7:27 am,Jun 26,2025 CERTIFICATE HOLDER CANCELLATION 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: (Heidi Chou, Water Resources Division) 220 S. Daisy Avenue M-85 AUTHORIZED REPRESENTATIVE Santa Ana CA 92703 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD ,�cv�® CERTIFICATE 4F LIABILITY INSURANCE DATE(MMIDDIYYYY} 6/25/2025 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: Man6 e oint LLC Accretive Global Risk Advisors, LLC PHONE FAX dba Libertate Insurance Services AIC i E-MAIL 20 N.Orange Avenue, Suite 500 ADDRESS: qqb.teguesta.certs@alq.com Orlando, FL 32801 INSURERS AFFORDING COVERAGE NAIC# www.libertatEilrs.com INSURER A: Key Risk Insurance Company 10885 INSURED ENSURER B: Manarpoint, LLC 9119 Otis Avenue INSURERG: Indianapolis IN 46216 INSURERD: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 85922418 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, INTR ADDTYPE OF INSURANCE INSD SUBRWVD POLICY NUMBER MMID�mYY MMlDD1Y� LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 171 DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES Ea oocurrerce $ MED EXP(Any one person) $ PERSONAL&ADV INJU RY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ POLICY❑PRO- JECT ❑ LOG PRODUCTS-COMP/OPAGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Par person) $ OWNED SCHEDULED (Per aocidenl AUTOS ONLY BODILY INJURY P AUTOS ( ) $ HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per a.do.tj UMBRELLALIAB H OCCUR EACH OCCURRENCE $ EXCESS L1AD CLAIMS-MADE AGGREGATE $ Dii I I RETENTION$ $ A WORKERS COMPENSATION KEYPE000003501 12/1/2024 12/1/2025 s7aTurE DTH AND EMPLOYERS'LIABILITY YIN ER ANYPROPRIETORlPARTNERIEXECUTIVE E,L.EACHACCIDENT $1,000,000 OFFICERlMEMBEREXCLUOED7 � N 1 A (Mandatory In NH} E.L.DISEASE-EA EMPLOYEE $1.000,00 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1 000 000 - DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) THIS CERTIFICATE CONFERS NO ADDITIONAL INSURED RIGHTS UPON THE CERTIFICATE HOLDER. Coverage provided in all states(except in monopolistic states)for all leased employees but not subcontractors of: PEO Client:120Water,Inc. Effective 12/01/2020 Waiver of Subrogation in favor of City of Santa Ana ffAPPROVED Tu Tran Nguyen at 7 2T am,Jun 26,2025 CERTIFICATE HOLDER CANCELLATION City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Water Services Quality Coordinator ACCORDANCE WITH THE POLICY PROVISIONS, 215 S Center St Santa Ana CA 92703 AUTHORIZED REPRESENTATIVE Paul R.Hughes ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(20161031 The ACORD name and logo are registered marks of ACORD e5922419 I Master NITA RW08 I pam Summers L 6/25/2025 20:52:e1 AM (EDT) I Page 1 of 1 This certificate cancels and uuperse es ALL previously issued certificates. C. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 9. Premium and Audit a. We will compute all premiums for this policy in accordance with our rules and rates. b. Premium shown on the Declarations is a minimum and deposit premium for the policy period. It is payable in full at the inception of this policy. C. If a rate is shown on the Declarations then the final premium shall be subject to audit. At the close of each audit period we will compute the policy premium for that period and send notice to the Named insured. The due date for audit is the date shown as the due date on the bill. Failure to pay the audit premium due may subject this policy, or any in-force policy of yours, to cancellation for non-payment of premium. (1) If the policy premium computed as a result of an audit is less than the total policy premium shown on the Declarations, the total policy premium shown on the Declarations is the minimum premium for the policy period and is not subject to adjustment. (2) If the policy premium computed as a result of an audit is greater than the total policy premium shown on the Declarations, then a Premium Audit Statement will be sent to the Named Insured. The additional premium amount shown on the Premium Audit Statement is due and payable to us upon receipt by the Named Insured. d. The Named Insured must keep records of the information we need for premium computation and send us copies upon request. e. We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. 10. Representation and Incorporation of the Application The insured represents that the particulars and statements contained in the application, questionnaire and any other materials submitted to us are true, accurate and complete and agree that: a. This policy is issued and continued in force by us in reliance upon the truth of such representations; b. Those particulars and statements are based upon the representations you made to us; and C. Application, questionnaire and any other materials submitted to us are incorporated in and form a part of this policy. In the event of any material untruth, misrepresentation or omission in connection with any of the particulars or statements in the application, this policy shall be void. 11. Separation of Insuredt Except with respect to the limits of insurance, and any rights or duties specifically assigned in this policy to the Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and 30 of 43 Includes copyrighted material of Insurance Services Office, Inc. OBENV GL 101 (10 12) Copyright 2012, Intact Insurance Group USA LLC b. Separately to each insured against whom a claim is made or suit is brought. 12. Service of Suit In the event of our failure to pay any amount claimed to be due hereunder, we, at your request, will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this condition constitutes or should be understood to constitute a waiver of our rights to commence an action in any court of competent jurisdiction in the United States or to remove an action to a United States District Court or to seek a transfer of a case to another court as permitted by the laws of the Un ited States or of any state in the United States. It is further agreed that service of process in such suit may be made upon General Counsel, Intact Insurance Specialty Solutions - Legal Department, 150 Royal] Street, Canton, Massachusetts 02021 or his or her representative, and that in any suit instituted against us upon this Policy, we will abide by the final decision of such court or of any appellate court in the event of any appeal. Further, pursuant to any statute of any state, territory, or district of the United States which makes provision therefore, we hereby designate the Superintendent, Commissioner or Director of Insurance, or other officer specified for that purpose in the statute, or his or her successors in office, as our true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by you or on your behalf or any beneficiary hereunder arising out of this Policy of insurance, and hereby designate the above named Counsel as the person to whom the said officer is authorized to mail such process or a true copy thereof. 13. Transfer of Rights of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. The insured must do nothing to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. Any recovery will be paid first to us until all amounts we have spent on a claim or suit have been reimbursed. The insured expressly waives the right to be made whole by any such recovery. 14. Inspections and Surveys a. We have the right to make inspections and surveys at any time, give you reports on the conditions we find, and recommend changes. b. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. We do not warrant that conditions are safe or healthful or comply with laws, regulations, codes or standards. 15. Transfer of Your Rights and Duties Under This Policy Your rights and duties under this policy may not be transferred without our prior written consent, except in the case of death of an individual Named Insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights. SECTION V—REPORTING AND EMERGENCY RESPONSE COSTS 1. Duties In The Event of an Occurrence, Offense,Claim or Suit a. You must see to it that we are notified as soon as practicable of an: (1) Occurrence, offense or pollution condition; or OBENV GL 101 (1012) Includes copyrighted material of Insurance Services Office,Inc. 31 of 43 Copyright 2012, Intact Insurance Group USA LLC Policy Number: 793-01-34-30-0000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- SCHEDULED PERSON OR ORGANIZATION -- FORM III This endorsement modifies coverage provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS ENVIRONMENTAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organization(s) Location(s) Of Covered Operations Any person or organization that the Named Insured agreed to add as an additional Any location where required by the written contract or written insured in a written contract or written agreement agreement in which the Named Insured agreed to add the person that was fully executed by the Named Insured or organization qualifying as an additional insured under this prior to the performance of the Named Insured's endorsement. work that Is the subject of such written contract or written agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. SECTION II s 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, environmental 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 contractor 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, property damage or environmental 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. OBENV GE 346(01 19) Contains copyrighted material of Insurance Services Office,Inc,with its permission Page 1 of 2 Copyright 2019,OneBeacon Insurance Group LLC Policy Number: C. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III o 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 shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions remain the same. OBENV GB 346(01 19) Contains copyrighted material of Insurance Services office, Inc.with its permission Page 2 of 2 Copyright 2019,OneBeacon Insurance Group LLC Policy Number:793-01-34-30-0000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSESS OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies coverage provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS ENVIRONMENTAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s): Any person or organization that the Named Insured agreed to add as an additional insured in a written contract or written agreement that was fully executed by the Named Insured prior to the performance of the Named Insured's work that is the subject of such written contract or written agreement. Location And Description Of Completed Operations: Any location, and completed operations at such location,where required by the written contract or written agreement in which the Named Insured agreed to add the person or organization qualifying as an additional insured under this endorsement. A. SECTION II — WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s)shown in the Schedule, but only with respect to liability for bodily injury, property damage or environmental 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 contractor 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 1. Limits of Insurance in SECTION III—LIMITS OF INSURANCE AND DEDUCTIBLE: 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 shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions remain the same. OBENV GE 351 (09 20) Contains copyrighted material of Insurance Services Office,Inc.with its permission Page 1 of 1 Copyright 2020,OneBeacon Insurance Group LLC Policy Number: 793-01-34-30-0000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies coverage provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS ENVIRONMENTAL 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 this policy provided that: a. The additional insured is a named insured under such other insurance; and b. The Named Insured has agreed in writing in a contract or agreement that this insurance would: (1) Act primary to any other insurance available to the additional insured; and (2) Would not seek contribution from any other insurance available to the additional insured. All other terms and conditions remain the same. OBENV GE 319(11 20) Contains copyrighted material of Insurance Services Office, Inc.with its permission Page 1 of 1 Policy Number: 793-01-34-30-0000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies coverage provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS ENVIRONMENTAL LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization that the Named Insured agreed to waive its rights of recovery against in a fully executed written contract. The following is added to the Transfer Of Rights Of Recovery Against Others To Us condition 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 negligence during; 1. Your ongoing operations; or 2. Your work; performed under a written contract with such person or organization and included in the products-completed operations hazard, 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)in the written contract prior to loss.This waiver applies only to the person or organization shown in the SCHEDULE above. All other terms and conditions remain the same, OBENV GE 320(11 20) Contains copyrighted material of Insurance Services Office,Inc.with its permission Page'I of 1 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 Any Party with whom the insured, 120WaterAudit, agrees to waiver of subrogation in a written contract. i i i i i This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Date:12/01/2 02 4 Policy No. KEYPE00 0 0 0 3 5 01 Endorsement No. Policy Effective Date: 12/01/2024 to 12/01/2025 Premium $ Insured: Managepoint LLC DBA: Carrier Namel Code: Key Risk Insurance Company WC 00 03 13 Countersigned by (Ed. 4-84) —- 1983 National Council on Compensation Insurance. Page 1 Of 1