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HomeMy WebLinkAboutEVOQUA WATER TECHNOLOGIES, LLC INSURANCE ON FIL. WORK MAY PPOCEE[) UNTIL INSUR4NCE I- lj':;LS f'�[� N-2025-157 CITY CLERk _w.._ _ _-e\ �V `./QC UA DATE. Evoqua Water Technologies LLC JUL 0 3 2025 4 _ WATC-R YECHIr ;kOGIES December 4, 2024 Heidi Chou, P.E. J Principal Civil Engineer (f�P/�NI UhdLl� �j City of Santa Ana J PWA Water Resources 714-647-3571 1 hchou@santa-ana.org Re: 2025 Skimming and Service of IX Resin Beds Santa Ana well 40 PFAS TREATMENT PLAINT Dear Heidi, Evoqua Water Technologies (Evoqua) is pleased to submit this quote to provide onsite services of the ion exchange resin which includes trouble shooting, repairs, inspections, and skimming the resin beds in response to the increase pressure drop you plant may experience. Evoqua has seven core values and at the top of the list is Customer Satisfaction. We want to meet and hopefully exceed your expectations. General Service Visit by Technician: • The half day(3.5 hrs) or daily(7 hrs)rate will apply for general services requiring the use of an Evoqua technician to troubleshoot or make repairs to the IX system. Vessel Inspection: • Conduct vessel inspection • We can do an inspection while keep the plant operational • Drain vessel to be inspected, then Evoqua will open side manway and inspect resin o Is it level? o Is there any fouling? Bed Skimming: • If there is crust or debris atop the resin bed, our crew will vacuum off the debris. • Debris would be left onsite in a supersack while we await profiling and disposal. SAP Part Estimated Descriptionffiday Pkg Unit Price Line Sum Number Hours/day Skimming of two vessels in one ea $4,440.00 $44,400.00 W3TSP5189 7 Technician Service visit-half da ea $ 740.00 $ 2,220.00 W3TSP5189 3.5Technician Service visit-full dayea $1,480.00 $ 2,960.00 W3TSP5189 7 Total $49,580.00 Thank you for this opportunity to work with you. Please contact me at+1 (714) 262-1560 if you have questions or if we may be of further assistance. Any materials or rentals required for service will be billed at cost plus 15%. Sincerely, Patricia Tinnerino Evoqua Water Technologies LLC 714-262-1560 Patricia.tinnerino@evoqua.com C:�nficl�r�tial STANDARD TERMS OF SALE 1. Applicable Terms. These terms govern the purchase and sale of equipment, products, related services, leased products, and included in an offer or an acceptance by Seller, such offer or acceptance is expressly conditioned on Buyer's assent to the media goods if any(collectively herein "Work"), referred to in Seller's proposal ("Seller's Documentation"). Whether these terms are se terms. 2. Payment, Buyer shall pay Seller the full purchase price as set forth in Seller's Documentation. Unless Seller's Documentation specifically provides otherwise, freight, storage, insurance and all taxes, levies, duties, tariffs, permits or license fees or other governmental charges relating to the Work or any incremental increases thereto shall be paid by Buyer. if Seller is required to pay any such charges,Buyer shall immediately reimburse Seller, If Buyer claims a tax or other exemption or direct payment permit,it shall provide Seller with a valid exemption certificate or permit and indemnify, defend and hold Seller harmless from any taxes, costs and penalties arising out of same, All payments are due within thirty(30)days after receipt of invoice. Buyer shall pay interest on all late payments not received by the due date.The Buyer shall be charged the lesser rate of 1 %%interest per month or the maximum interest rate permissible under applicable law, calculated daily and compounded monthly. Buyer shall also reimburse Seller for all costs incurred in collecting amounts due but unpaid, including without limitation, collections fees and attorneys' fees. All orders are subject to credit approval by Seller. Back charges without Seller's prior written approval shall not be accepted. 3. Delivery. Delivery of the Work shall be in material compliance with the schedule in Seller's Documentation. Unless Seller's Documentation provides otherwise, delivery terms are FOB Shipping Point,or for international orders, ExWorks Seller's factory(iNCOTM Terms 2020).Title to all Work shall pass upon receipt of payment for the Work under the respective invoice. Unless otherwise agreed to in writing by Seller,shipping dates are approximate only and Seller shall not be liable for any loss or expense(consequential or otherwise) incurred by Buyer or Buyer's customer if Seller fails to meet the specified delivery schedule. 4. Ownership of Materials and Licenses. All devices, designs (including drawings, plans and specifications), estimates, prices, notes, electronic data, software, and other information prepared or disclosed by Seller, and all related intellectual property rights, shall remain Seller's property. Seller grants Buyer a non-exclusive,non-transferable license to use any written material solely for Buyer's use of the Work. Buyer shall not disclose any such material to third parties without Seller's prior written consent. 5. Changes. Neither party shall implement any changes in the scope of Work described in Seller's Documentation without a mutually agreed upon change order. Any change to the scope of the Work, delivery schedule for the Work, any Force Majeure Event, any law, rule, regulation,order,code,standard or requirement which requires any change hereundershall entitle Seller to an equitable adjustment in the price and time of performance. If Buyer requests a proposal for a change in the Work from Seller and subsequently elects not to proceed with the change,a change order shall be issued to reimburse Sellerfor reasonable costs incurred for estimating services,design services,and services involved in the preparation of proposed changes. 6. Force Majeure Event. Neither Buyer nor Seller shall have any liability for any breach or delay(except for breach of payment obligations)caused by a Force Majeure Event. If a Force Majeuro Event exceeds six(6)months in duration, the Seller shall have the right to terminate the Agreement without liability,upon fifteen(15)days written notice to Buyer,and shall be entitled to payment,including overhead and profit,for work performed prior to the date of termination. "Force Majeure Event"shall mean events or circumstances that are beyond the affected party's control and could not reasonably have been easily avoided or overcome by the affected party and are not substantially attributable to the other party. Force Majeure Event may include,but is not limited to,the following circumstances or events: war, act of foreign enemies, terrorism, riot, strike, or lockout by persons other than by Seller or its sub-suppliers, natural catastrophes, (with respect to on-site work) unusual weather conditions, epidemic, pandemic, communicable disease outbreak, quarantines, national emergency,or state or local order, 7, Warranty. Subject to the following sentence,Seller warrants to Buyer that the(i)Work shall materially conform to the description in Seller's Documentation and shall be free from defects in material and workmanship and(ii)the Services shall be performed in a timely and workmanlike manner. Determination of suitability of treated water for any use by Buyer shall be the sole and exclusive responsibility of Buyer,and Seller disclaims any warranty regarding such suitability.The foregoing warranty shall not apply to any Work that is specified or otherwise demanded by Buyer and is not manufactured or selected by Seller, as to which (1)Seller hereby assigns to Buyer, to the extent assignable, any warranties made to Seller and(Ii)Seller shall have no other liability to Buyer under warranty,tort or any other legal theory. The Seller warrants the Work, or any components thereof, through the earlier of(1) eighteen (18) months from delivery of the Work, or(ii)twelve(12)months from Buyer's initial operation of the Work,or in the case of services performed as part of the Work, ninety (90) days from the performance of the services (the "Warranty Period"). If Buyer gives Seller prompt written notice of breach of this warranty within the Warranty Period,Sellershall,at its sole option and as Buyer's sole and exclusive remedy,repair or replace the subject parts,re-perform the Service or refund the purchase price. Unless otherwise agreed to in writing by Seller, (i)Buyer shall be responsible for any labor required to gain access to the Work so that Seller can assess the available remedies and(ii)Buyer shall be responsible for all costs of installation of repaired or replaced Work. If Seller determines that any claimed breach is not,in fact, covered by this warranty, Buyer shall pay Seller its then customary charges for any repair or replacement made by Seller. Seller's warranty is conditioned on Buyer's (i) operating and maintaining the Work in accordance with Seller's instructions, (ii) not making any unauthorized repairs or alterations, and (ii!) not being in default of any payment obligation to Seller. Seller's warranty does not cover (i) damage caused by chemical action or abrasive material, improper thermal or electrical capacity, misuse or improper installation(unless installed by Seller) and(ii)media goods(such as, but not limited to, resin,membranes,or granular activated carbon media)once media goods are installed. THE WARRANTIES SET FORTH IN THIS SECTION ARE THE SELLER'S SOLE AND EXCLUSIVE WARRANTIES AND ARE SUBJECT TO THE LIMITATION OF LIABILITY PROVISION BELOW, SELLER MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION,ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE. 8. Indemnity. Seller shall indemnify,defend,and hold Buyer harmless from any claim,cause of action,or liability incurred by Buyer as a result of third-party claims for personal injury, death, or damage to tangible property, to the extent caused by Seller's negligence. Seller shall have the sole authority to direct the defense of and settle any indemnified claim. Seller's indemnification is conditioned on Buyer (i) promptly notifying Seller of any claim, and (ii) providing reasonable cooperation in the defense of any claim. Buyer shall Evoqua Water Technologies-Standard Terms of Sale,rev. 7.2022 edited 4.2.I,2025 forSanta Ana indemnify,defend,and hold harmless Seller from any claim, cause of action,or liability incurred by Seller as a result of third-party claims for personal injury,death,or damage to tangible property,to the extent caused by Buyer's negligence. Buyer shall have the sole authority to direct the defense of and settle any such indemnified claim. Buyer's indemnification is conditioned on Seller(!)promptly notifying Buyer of any claim, and(ii)providing reasonable cooperation in the defense of any claim. 9. Assignment. Neither party may assign this Agreement, in whole or in part, nor any rights or obligations hereunder without the prior written consent of the other party; provided, however, the Seller may assign its rights and obligations under these terms to its affiliates or in connection with the sale or transfer of the Seller's business, and Seller may grant a security interest in the Agreement and/or assign proceeds of the agreement without Buyer's consent. 10, Termination. Either party may, in addition to any other available remedy, terminate this agreement for a material breach upon issuance of a written notice of the breach and expiration of a thirty(30) day cure period. In the event of(i) a voluntary or involuntary petition in bankruptcy,(ii)an assignment for the benefit of a creditor,or(III)a receivership,liquidation,or dissolution,Seller may terminate the agreement immediately, in addition to seeking any other available remedy. If Buyer suspends an order without a change order for ninety(90)or more days, Seller may thereafter terminate this Agreement without liability, upon fifteen (15)days written notice to Buyer, and shall be entitled to payment for work performed,whether delivered or undelivered, prior to the date of termination. 11. NOT USED 12. Export Compliance. Al items, and technologies, software, and work products are controlled by the U.S. Government and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end-user(s)heroin identified. They may not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items,without first obtaining approval from the U.S. government or as otherwise authorized by U.S. law and regulations, Any diversion contrary to U.S, law is prohibited. Buyer acknowledges that Seller is required to comply with applicable export laws and regulations relating to the safe, exportation, transfer, assignment, disposal, and usage of the Work provided under this Agreement, including any export license requirements. Buyer agrees that such Work shall not at any Limo directly or indirectly be used, exported, sold, transferred, assigned, or otherwise disposed of in a manner which will result in non-compliance with such applicable export laws and regulations. It shall be a condition of the continuing performance by Seller of its obligations hereunder that compliance with such export laws and regulations be maintained at all times. BUYER AGREES TO INDEMNIFY AND HOLD SELLER HARMLESS FROM ANY AND ALL COSTS, LIABILITIES, PENALTIES, SANCTIONS AND FINES RELATED TO NON-COMPLIANCE WITH APPLICABLE, EXPORT LAWS AND REGULATIONS. 13. Anti-Kickback Statute Discounts. It is the intent of both Buyer and Seller to comply with the Anti-Kickback Statute(42 U.S.C. §1320a-7b(b)) and the Discount Safe Harbor and Warranties Safe Harbor regulations set forth in 42 C.F.R. 1001.952(h) and (g), respectively. Buyer's price may constitute a 'discount or other reduction in price' under the Anti-Kickback Statute. Seller shall provide Buyer with invoices that fully and accurately disclose the discounted price of all Products purchased under this Agreement to allow Buyer to comply with this Section and the Discount Safe Harbor regulations, including sufficient information to enable it to accurately report its actual cost for all purchases of Products. Buyer acknowledges that, if applicable, it will fully and accurately report all discounts or other price reductions, including warranty items, in the costs claimed or charges made under any Federal or State healthcare program and provide information upon request to third party reimbursement programs, including Medicare and Medicaid. Buyer will be solely responsible for determining whether any savings or discount or warranty item it receives must be reported or passed on to payors. 14. Federal Program Participation. Seller represents and warrants that neither it nor any of its current directors, officers, or key personnel: (j)are currently excluded, debarred or otherwise ineligible to participate in federal health care programs as defined in 42 U.S.C. §1320a-7b(f) (the "Federal Healthcare Programs"); (ii)have been convicted of a criminal offense related to the provision of healthcare items or services during the last five (5) years; or (iii) have been excluded, debarred or otherwise declared ineligible to participate during the last five (5) years in Federal Healthcare Programs. Seller will notify Buyer of any change in the status of the representations and warranties set forth above. 15. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY,SELLER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, AND SELLER'S TOTAL LIABILITY ARISING AT ANY TIME FROM THE SALE OR USE OF THE WORK, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR ALL WARRANTY CLAIMS OR FOR ANY BREACH OR FAILURE TO PERFORM ANY OBLIGATION UNDER THE AGREEMENT, SHALL NOT EXCEED THREE TIMES THE PURCHASE PRICE PAID FOR THE WORK. THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT,TORT, STRICT LIABILITY OR ANY OTHER THEORY. 16. Miscellaneous. These terms, together with any related Contract Documents issued or signed by the Seller, comprise the complete and exclusive statement of the agreement between the parties (the"Agreement") No part of the Agreement may be changed or cancelled except by a written document signed by Seller and Buyer. No course of dealing or performance,usage of trade orfailure to enforce any term shall be used to modify the Agreement. To the extent the Agreement is considered a subcontract under Buyer's prime contract with an agency of the United States government, in case of Federal Acquisition Regulations(FARs)flow down terms, Seller will be in compliance with Section 44.403 of the FAR relating to commercial items and those additional clauses as specifically listed in 52.244- 6, Subcontracts for Commercial Items(OCT 2014). If any of these terms is unenforceable,such term shall be limited only to the extent necessary to make it enforceable,and all other terms shall remain in full force and effect. The Agreement shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of laws provisions. Both Buyer and Seller reject the applicability of the United Nations Convention on Contracts for the international sales of goods to the relationship between the parties and to all transactions arising from said relationship. Only in the event that the Work contemplated in this Order is related to the provision of medical devices,the following additional terms apply: 17. Medical Devices Act and Reciulatory Disclaimer. Buyer acknowledges that it is familiarwith the U.S.Safe Medical Devices Act of 1990 (the "Devices Act") and the reporting obligations imposed on device users thereunder. In this regard, Buyer agrees to notify Evoqua Water Technologies-Standard Terns of Safe,rev. 7.2022 edited 4.21.2025 for Santa Ana Seller within ten (10)days of the occurrence of any event identified in the Devices Act imposing a reporting obligation on Buyer and/or Seller (except for events representing an imminent hazard that require notification to the United States Food and Drug Administration (the"FDA")within seventy-two (72) hours (or such shorter time as required by law), in which case, such notice will be delivered to the FDA and Seller within said period). Buyer will maintain adequate tracking for the Products to enable Seller to meet the FDA requirements applicable to the tracking of medical devices. Although Seller has the required registrations, approvals, and licenses (e.g., U.S. 510(k) pre-market notifications)for all or substantially all of its systems, the purchase of parts and system components from Seller does not provide 510(k)compliance or compliance under any other law, rule or regulation for Buyer's system. Only in the event that the Work contemplated in this Order is related to the provision of leased or rented equipment ("Leased Equipment"),the following additional terms apply: 18, Rental Equipment 1 Services. Any Leased Equipment provided by Seller shall at all times be the property of Seller with the exception of certain miscellaneous installation materials purchased by the Buyer, and no right or property interest is transferred to the Buyer, except the right to use any such Leased Equipment as provided herein. Buyer agrees that it shall not pledge, lend, or create a security interest in, part with possession of, or relocate the Leased Equipment. Buyer shall be responsible to maintain the Leased Equipment in good and efficient working order.At the end of the initial term specified in the order,the terms shall automatically renew for the identical period unless canceled in writing by Buyer or Seller not sooner than three (3) months nor later than one (1) month from termination of the initial order or any renewal terms. Upon any renewal, Seller shall have the right to issue notice of increased pricing which shall be effective for any renewed terms unless Buyer objects in writing within fifteen(15)days of issuance of said notice, If Buyer timely cancels service in writing prior to the end of the initial or any renewal term this shall not relieve Buyer of its obligations under the order for the monthly rental service charge which shall continue to be due and owing.Upon the expiration or termination of this Agreement, Buyer shall promptly make any Leased Equipment available to Seller for removal. Buyer hereby agrees that it shall grant Seller access to the Leased Equipment location and shall permit Seller to take possession of and remove the Leased Equipment without resort to legal process and hereby releases Seller from any claim or right of action for trespass or damages caused by reason of such entry and removal. IN WITNESS WHEREOF, the terms and conditions of this proposal are hereby accepted by both Buyer and Seller, who have caused this Agreement to be executed by the signatures of their duly authorized representatives below: EVOQUA WATER TECHNOLOGIES LLC(SELLER) NAME: David L. Morano SIGNATURE: TITLE: Senior Manager Customer Service DATE: 05/21/2025 BUYER ATTEST: 'k CITY OF S A ANA ennifcr all Al4ara Nunez City Cle City Martager APPROVED AS TO FOIiII: RECOMMENDED FOR APPROVAL: SONIA R.CARVAL140 City Attorney By: ' t aL NaEil Saba —j'l" Kyle'Nrjlesen Executive Director Assistant City-Attorney Public Works Agency Evoqua Walcr Technologies-Standard Terms of Sale,rev. 7.2022 edited 4.21.2025 for Santa Arta EXHIBIT A-- INSURANCE REQUIREMENTS Evoqua shall procure and maintain for the duration of the agreement, the following insurance coverages: MINIMUM SCOPE AND LIMIT OF INSURANCE Evoqua shall 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 Evoqua 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 (WIC): 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 Evoqua has no employees. If Evoqua 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 Evoqua. 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, or be endorsed to contain, the following provisions: 1. CGL and AL policies: City of Santa Ana, its City Council, its officers, 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 Evoqua for City. 3. All required insurance policies: For any claims related to this contract, Evoqua'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 Evoqua'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. 5. 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 notice 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: Narisa Casuga, 215 S. Center Street, Santa Ana, CA 92703. The name and location of event should be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. City may require Evoqua 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 all 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 Evoqua shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Evoqua shall ensure that City is an additional insured on insurance required from sub-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. CERTIFICATE OF LIABILITY INSURANCE DATE(M:D3YYYYl 06/0312025 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 MARSH USA,LLC. NAME: Lauren Giangranda 1166 Avenue of the Americas PHONE FAx New York,NY 10036 c E (212)345-6000 arc No), E-MAIL ADDRESS: Lauren.Giangranderdd)marstt.ccm INSURER($ AFFORDING COVERAGE NAIL# CN1Q8453421-Evoqu-GAW-24 25 INSURED INSURER A: Ali)Insurance Co. i9399 EWT Holdings II Corp. INSURER B: NationaP Union Fire Insurance Com an of Ptttsbur h. 19445 Evaqua Water Technologies LLC INSURER c: 310 Waters St SE Washington,DC 20003 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: NYC-012286178-02 REVISION NUMBER: 13 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 BFEN REDUCED BY PAID CLAIMS. E�� INSR ADDL SU@R POLICY EFF POLIGY EKP LTR TYPE OF INSURANCE POLICYNUMBER MM193YY MMIOD LIMITS B X COMMERCIAL GENERAL LIABILITY Y Y 3609404 10131/2024 10131/2025 EACH OCCURRENCE $ :1,00G,0000CLAIMS-MADE X OCCUR A AG TO PREM SES Ea occurrence $TE 0,QQOMED EXP(Any one person} $ 0,000PERSONAL&ADV INJURY $ 0,00C GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO GENERAL AGGRE $ 2,000,000 JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER- SIR$1,000,000 B AUTOMOBILE LIABILITY Y Y 3135727(AOS) 10/31/2024 1013112025 COMBINED SINGLE LIMIT S Ea ae A—i $ 3,Q00,000 I ANY AUTO 3135728(MA) 1Q13112024 10/3112025 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident} 3 HIRED NOWOWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE $ Per accident UMBRELLA UAB OCCUR EACH OCCURRENCE g EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTfON$ A AND EMPSCOMPENSATIONYES'LIILIT Y 14i 11904(AGS) 10131/2024 1013112Q25 PER OTH- $A AND EMPLOYERS'LIABILITY X STATUTE ER ANYPROPRfETOR/PARTNERIEXECUTIVE YIN 14111907(WI) 10131/2024 10131/2025 A OFFICERIMEMSEREKCLUDED? N NIA E.L.EACH ACCIDENT $ 2,000,000 (Mandatory in NH) 14111905(CA) 10/31/2024 10/31/2025 9 I(yes,describe under E.L.DISEASE-EA EMPLOYEE' $ 2,000,000 DESCRIPTION OF OPERATIONS below 1411190b(OR) 10131/2024 10/31/2025 E.L.DISEASE-POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES (ACORD 11.1,Addrtronal Remarks Scheduie,may be attached If more space Is requlredl City of Santa Ana,its City Council,officors,officials,employees,agents,and volunteers are included as additional insured(except Workers Compensation)as required by written contract. This insurance is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and where required by written contract. Waiver of Subrogation is applicable where required by written contract and as permissible by law. [APPR!VEDsy Tu T Nguyen at 3:12 pm,Jun 03,2025 CERTIFICATE HOLDER CANCELLATION City of Santa Ana Attn:Heidi Chou(M-85) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 215 S.Center St. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Santa Ana,CA 92701 ACCORDANCE WITH THE POLICY PROVISIONS. AUTH ORIZED REPRESENTATIVE of Marsh USA LLC O 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD ENDORSEMENT This endorsement, effective 12.41 A.M. 10131/2024 forms a part of Policy No. CA 313-57-27 issued to XYLEM INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. 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 TO WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED UNDER THE TERMS AND CONDITIONS OF ANY CONTRACT OR AGREEMENT INTO WHICH YOU HAVE ENTERED. I. SECTION Il - COVERED AUTOS 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. AUTHORIZED REPRESENTATIVE 87950 (9/14) Includes copyrighted information of Insurance Services Office, Inc., Page 1 of 1 With its permission. POLICY NUMBER, 313-57-27 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this. endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the .inception date of the policy unless another date is indicated below. Named Insured: XYLEM INC, Endorsement.Effective Date: 1 0131/2024 SCHEDULE Name(s) Of Person(sl Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM THE NAMEn INSURED IS REQUIRED TO PROVIDE A WAIVER, In€ormation required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organizations) shown in the Schedule, but only to the extent that.subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 *Insurance Services Office, Inc., 2011 Page 1 of 1 ❑ POLICY NUMBER: 35-694-04 COMMERCIAL GENERAL LIABILITY CO 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTOR - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERA13F PART SCHEDULE Name Of Additional Insured Persons) Or Or anizationli) Location(e) Of Cowered Opointlons ANY PERSON OR ORGANIZATION WHOM PER THE CONTRACT OR AGREEMENT. YOU 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 B Who is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the persons) or additional insureds, the following additional organizations) shown. in the Schedule,but only exclusions apply: with respect to liability for "bodily injury", This insurance does not apply to "bodily Injury" "property damage" or "personal and advertlsing or"property damage" occurring after: injury" caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions;. or equipment furnished in connection With suoh 2. The acts or omissions of those acting on work, on the project (other than service, your behalf; maintonanr o or repairs) to be performed by in the performance of your ongoing operations or on behalf of the additional insured($) at for the additional Insured(s) at the location(s) the location of the cornered operations has designates) above. been completed; or However. 2. That portion of "your work" out of which the injury or damage arises has been put to 1. The insurance afforded to such additional its. intended use by any person or insured only applies to the extent permitted organization other than another contractor or by law; end subcontractor engaged in performing 2. If coverage provided to the additional operations for a principal as a part of the Insured Is required by a contraot or same project. agreement, the insurance afforded to such additional insures) will not be broader than that which you are required by the contraot or agreement to provide for such additional insured. CG 20 10 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III Limits Of Insurance: whichever is less, If coverage provided to the additional insured is This endorsement shall not Increase the required by a contract or agreement, the most applicable limits of insurance. we will pay on behalf .of the additional insured is the amount of Insurance; 1. Required by the contract or agreement; or page 2 of 2 0 Insurance Services Office, Inc., 2018 CO 20 10 12 19 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 36-094-04 CC, 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OIL 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 PER THE CONTRACT OR AGREEMENT. YOU 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 B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the .additional insured is "property damage" caused, in whole or in part, required by a contract or agreement, the most by your work' at the location designated and described in the Schedule of this endorsement we will pay on behalf of the additional insured performed for that additional insured and is the amount of insurance: included in the "prod ucts-corn pleted Operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable limits of However: insurance; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the by law; and applicable limits of insurance. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured 'will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: 3e-00"4 COMMERCIAL GENERAL LIABILITY CO 24 04 12 19 WAIVER OF TRANSFER OF FIGHTS OF RECOVERY AGAINST OTHERS TO U (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY CQVERAGE FART LIQUOR LIABILITY COVERAGE FART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITER POLLUTION LIABILITY LIMITED COVERAGE DART DESIGNATED SITES PRODUCTSIC.OMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDEI GROUND;STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or I't;rganization(a): PURSUANT TO APPLICABLE WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO. Information required to coriplete this S.cheduls., If not sho n above, will be shown in the Declarations, The following is added to Paragraph S. Transfer Of Fights Of Recovory Against [ethers 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 extant that the insured has waived its right of recov.ary against..such person(a) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s)shown in the Schedule above. CQ 24 04 12 19 C)Insurance Se Mass Office, fnc., 2018 Page 1 of 1 i BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the 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 pollcy). This endorsement, effective 12.01 AM 1 013 1/2024 forms a part of Policy No. WC 014-11-1905 Issued to XYLEM INC. By A I U INSURANCE COMPANY We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this .agreement from us,. as regards any work you perform for such person or organization. The additional premium for this endorsement shall be 2.00 % of the total estimated workers compensation premium for this policy. WC 04 03 61 (Ed, 11190) Countersigned by- - - - - - - _ _ _ _ _ — — — — — — Authorized Representative A�® CERTIFICATE OF LIABILITY INSURANCE 70T, E6/2026IYYYY) /16/2026 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 MARSH USA,LLC. NAME: Lauren Giangrande HE 1166 Avenue of the Americas AI.ON No Ext: (212)345-6000 al ,No New York,NY 10036 E-MAIL Lauren.Gian rande marsh.com ADDRESS: 9 C INSURER(S)AFFORDING COVERAGE NAIC# CN 108453421-Evoqu-GAW-25-26 INSURERA: AIU Insurance Co. 19399 INSURED Evoqua Water Technologies LLC INSURER B: National Union Fire Insurance Company of Pittsburgh, 19445 a subsidiary to Xylem Inc. INSURER C: 310 Waters St SE INSURER D Washington,DC 20003 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: NYC-012286178-05 REVISION NUMBER: 17 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 ADDLSUBRTYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF POLICY EXP LTR MM/DDIYYYYI iMMIDDIYYYYI LIMITS B X COMMERCIAL GENERAL LIABILITY y y 012327514 10/31/2025 10/31/2026 EACH OCCURRENCE $ 1,000,000 RENTEDDAMAGE TO CLAIMS-MADE X� OCCUR FIR SES(Ea."; Ea occrre... $ 1,000,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY❑ JECT PRO ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,N 000 OTHER: SIR:$1,000,000 $ B AUTOMOBILE LIABILITY y y 012327512(AOS) 10/31/2025 10/31/2026 COEaMBINED cidentS INGLE LIMIT $ 3,000,000 ac B X ANY AUTO 012327513(MA) 10/31/2025 10/31/2026 BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTYDAMAGE $ AUTOS ONLY AUTOS ONLY Per accident L $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION y 012327517(AOS) 10/31/2025 10/31/2026 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER A YIN 012327516(W) 10/31/2025 10/31/2026 2,000,000 ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ B OFFICER/MEMBER EXCLUDED? N❑ NIA (Mandatory in NH) 012327515(OR) 10/31/2025 10/31/2026 E.L.DISEASE-EA EMPLOYEE $ 2,000,000 If yes,describe under 2,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Santa Ana,its City Council,officers,officials,employees,agents,and volunteers are included as additional insured(except Workers Compensation)as required by written contract. This insurance is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and where required by written contract. Waiver of Subrogation is applicable where required by written contract and as permissible by law. APPROVED CERTIFICATE HOLDER CANCELLATION BY Tu Tran Nguyen at 7:55 am,Jan 21,2026 City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn:Heidi Chou(M-85) THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 215 S.Center St. ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana,CA 92701 AUTHORIZED REPRESENTATIVE of Marsh USA LLC ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ENDORSEMENT This endorsement, effective 12:01 A.M. 10/31/2025 forms a part of Policy No. 012-32-7512 issued to XYLEM INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REA❑ IT CAREFULLY. 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 ❑R ORGANIZATION TO WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED UNDER THE TERMS AND CONDITIONS ❑F ANY CONTRACT ❑R AGREEMENT INTO WHICH YOU HAVE ENTERED. I. SECTION II - COVERED AUTOS 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. AUTHORIZED REPRESENTATIVE S7950 (9114) includes copyrighted information of Insurance Services Office, Inc., Page I of 1 with its permission. POLICY NUMBER: 012-32-7512 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the fallowing: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: XYLEM I NC. Endorsement Effective Elate: 10/31 12025 SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED IS REQUIRED TO PROVIDE A WAIVER. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 (D Insurance Services Office, Inc., 2011 Page 1 of 1 0 POLICY NUMBER: 012-32-7514 COMMERCIAL GENERAL LIABILITY CG20101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES DR 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 PER THE CONTRACT OR AGREEMENT. YOU 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 6 Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", This insurance does not apply to "bodily injury" "property damage" or "personal and advertising or "property damage" occurring after: injury" caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment fumished in connection with such 2. The acts or omissions of those acting on work, on the project (other than service, your behalf; maintenance or repairs) to be performed by in the performance of your ongoing operations or on behalf of the additional insured(s) at for the additional insured(s) at the location(s) the location of the covered operations has designated above. been completed; or However: 2. That portion of "your work" out of which 1. The insurance afforded to such additional the injury or damage arises has been put to insured only applies to the extent permitted its intended use by any person or by law; and organization other than another contractor or subcontractor engaged in performing 2. If coverage provided to the additional operations for a principal as a part of the insured is required by a contract or same project. agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III - Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most applicable limits of insurance. we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 0 Insurance Services Office, Inc., 2018 CO 20 10 12 19 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 012-32-7514 CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DINNERS, LESSEES DR 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 Or anlzatlon(s) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION WHOM PER THE CONTRACT OR AGREEMENT. YOU 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 B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III - Limits Of Insurance- with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, required by a contract or agreement, the most by "your work" at the location designated and we will pay on behalf of the additional insured described in the Schedule of this endorsement performed for that additional insured and is the amount of insurance: included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable limits of However: insurance; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the by law; and applicable limits of insurance. 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. CO 20 37 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: 012-32-7514 COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 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 C)Insurance Services Office, Inc., 2018 Page 1 of 1 BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The foiiowing "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 10/31 /2025 forms a part of Policy No. WC 012-32-7517 Issued to XYLEM INC. By A I U INSURANCE COMPANY We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization. The additional premium for this endorsement shall be 2.00 % of the total estimated workers compensation premium for this policy. WC 04 03 fit (Ed. '11190) Countersigned bY _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Authorizer! Representative