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HomeMy WebLinkAboutWEBER WATER RESOURCES CA, LLCINSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES a ZZ CLERK OF COUNCIL DATE: A-2021-161-03 N AGREEMENT TO PROVIDE ON -CALL WATER WELL, PUMP, AND MOTOR N REHABILITATION AND REPAIR SERVICES ev THIS AGREEMENT is made and entered into this 17th day of August, 2021 by and between Weber Water Resources CA, LLC ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). d' POA (/A -re via �2fvte�np�Q Z) ��}1J'Z RECITALS V On April 28, 2021, the City issued Request for Proposal No. 21-059, by which it sought a qualified contractor to provide on -call water well, pump, and motor rehabilitation and repair services for the Water Resources Division of the City's Public Works Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 21-059. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional 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: SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 21-059, which is attached as Exhibit A and incorporated in full, and as further described in Contractor's Proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of three (3) contractors selected to provide services on an as - needed basis under RFP 21-059. The total compensation for services provided by all contractors selected under RFP 21-059 shall not exceed the shared aggregate amount of three million two hundred fifty thousand dollars and zero cents ($3,250,000) during the term of this agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of Page I of 8 proper invoice evidencing work performed, subject to City accounting procedures. 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 date first written above and terminate on August M, 2024, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one 2-year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Contractor 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, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor 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 Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS 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 or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Page 2 of 8 Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $2,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and Page 3 of 8 effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by contractor, without thirty (30) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor 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 claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terns 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 Contractor 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 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 Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor 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, Page 4 of 8 for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance 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 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor 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: Page 5 of 8 To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: Weber Water Resources CA, LLC 2073 Railroad Street Corona, CA 92880 Attn: Don Rice, General Manager 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 timeframes, 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 Contractor 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 Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior Page 6 of 8 written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered mill and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 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. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. 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. Page 7 of 8 20. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, Permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney fly. -11randon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Nabil Saba, PE Executive Director Public Works Agency CITY OF SANTA ANA ISA--41, L� Kristine Ridge City Manager CONTRACTOR Name: Pe -+ C, Title: Pa°e 8 of 8 EXHIBIT A CITY OF SANTA ANA RFP NO.: 21-059 WATER WELL, PUMP AND MOTOR REHABILITATION AND REPAIR SERVICES Appendix ATTACHMENT 1: SCOPE OF WORK CITY OF SANTA ANA RFP NO,: 21-059 WATER WELL, PUMP AND MOTOR REHABILITATION AND REPAIR SERVICES SCOPE OF WORK INTRODUCTION AND BACKGROUND The City of Santa Ana is soliciting proposals from qualified firms to provide on -call water well, pump and motor rehabilitation and repair services on an as -needed basis. The City of Santa Ana is located in the County of Orange in Southern California, The City encompasses 27.2 square miles and a population over 343,000 people. The City of Santa Ana Public Works Agency — Water Resources Division oversees and maintains the daily operations of the Water System and Sanitary Sewer System. The City of Santa Ana's water system has an average day demand of about 43 million gallons (MG) with 45,000 services. It is comprised of approximately 478 miles of water main, 45 MG of storage at five (5) sites, seven (7) MWD connections, 21 groundwater wells, seven (7) pump stations, four (4) pressure regulating stations and utilizes two (2) pressure zones, WORK DESCRIPTION The Contractor shall provide water well casing, pump and motor rehabilitation, repair, and replacement related services for the City of Santa Ana at various locations within the City. The work shall include routine and emergency pump pulling and installations, well casing repairs and installations, water well rehabilitations, well video inspections, and/or repair services on various types of pumps on an as -needed basis. The Contractor shall provide all necessary supervision, labor, materials, tools, transportation and equipment to perform pump pulling and installations, water well and booster rehabilitations, well casing repairs and installations, water well video inspections and chemical treatments, electric motor repairs, electric motor rewlrtdings, sound attenuation, and repair services on various types of pumps and motors, on an as assigned basis, at various locations throughout the City. The Contractor shall provide transportation for its heavy duty equipment, such as, but not limited to, drilling rig, pump rig, flatbed truck, boom truck, tractor trailer, to and from Contractor's facility to each Water Production worksite. All electric motor repair work shall be transported by the Contractor to an Electrical Apparatus Service Association's (EASA) Accredited Member facility for repair and returned to the City when repairs are complete. The Contractor shall make adequate provisions for the disposal of water pumping from the well during redevelopment and/or test pumping, All water discharged during these events shall be in compliance with the City's National Pollutant Discharge Elimination System (NPDES) permits and Orange County Flood Control District permits, it shall be the Contractor's responsibility to propose a method to discharge water that is NPDES compliant and may include methods such as water detention through storage tanks or other conforming strategies. Proposer shall submit hourly rates schedule, which shall include but not limited to, direct and indirect costs for labor, for staff per Job classification, material, equipment rates, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing, Prior to commencement of services, Contractor shall provide separate quotes and project schedules, upon request by the City, which shall be approved by the City's Public Works Water Resources Division. CITY OF SANTA ANA RFP NO.: 21-059 WATER WELL, PUMP AND MOTOR REHABILITATION AND REPAIR SERVICES CONTRACTOR RESPOSIBILITIES The Contractor's services shall include, but are not necessarily limited to, the following: 1, PUMP AND MOTOR REMOVAL SERVICE The Contractor shall be qualified to perform water well pump and booster pump removals. At the initial setup for pulling a pump, the Contractor shall perform lockout/tagout of the electrical and hydraulic systems and shall disconnect all electrical wiring and appurtenance necessary for the pulling of a deep well pump or a booster pump. The motor, discharge head, submersible cables, column, bowl assembly, strainer, and airline shall be removed by the Contractor. All parts and components shall be inspected closely for excessive cracks, corrosion, holes, wear, or any type of damage which would necessitate repairs or replacement parts. Fiore holes shall not be left unattended, The Contractor shall provide equipment necessary (with a lockable design) for closing off any bore holes left unattended. 2. PUMP AND MOTOR RE -INSTALLATION SERVICE The Contractor shall be qualified to perform pump and motor installation services including all electrical re - Installations. The Contractor shall adequately chlorinate the pump assembly prior to installation, After the completion of any rehabilitation work and or repairs, the Contractor shall install the bowl assembly, column, shaft, submersible cable or oil tubing, discharge head, motor and all electrical components associated with and not limited to leads, torqueing to specifications, etc. Witness test shall be performed by City staff. All incidental materials shall be furnished by the Contractor. 8. WELL VIDEO SURVEY SERVICE The Contractor shall be qualified to perform water well video inspections using color video equipment with side scan and down -hole survey views. Videos shall be provided to the City in a universal serial bus (USB) format and recorded in high definition resolution. Ability to perform these surveys at high resolutions will be given higher consideration. The Contractor shall allow water to flow into the well for a 24 to 48 hour time period in advance of the video survey to produce clear viewing conditions. The video survey unit shall simultaneously transpose the City's name, well name, footage and the date of inspection on the monitor screen and the video record. A footage counter/recorder shall read in feet and be accurate within two (2) percent of the actual footage. The video survey camera shall be capable of right angle or normal downhole viewing with a change in camera lens or mechanical movement of the camera. At the direction of the City, the Contractor must be able to provide right angle viewing to view any casing section in a direct elevation view. The video camera shall be capable of providing both vertical and horizontal (side) viewing of the entire casing as it descends into the well. The Contractor shall also submit a written report to accompany the video survey log, documenting the survey date, static water level, perforation depth intervals and conditions, and totalwell depth along with photos. The Contractor shall provide information in the report regarding any type of damage to the well casing or issues encountered during the well video survey. 4. WELL TREATMENT SERVICE The Contractor shall be qualified to provide well treatment services. To perform these tasks, the Contractor shall have the capability to perform mineral analysis, chemical treatment, water quality testing, zone CITY OF SANTA ANA RFP NO.; 21-059 WATER WELL, PUMP AND MOTOR REHABILITATION AND REPAIR SERVICE'S testing, well casing patches and similar casing repairs/improvements, and mechanical treatment on well casings. All chemicals used in treating wells shall be State approved for the purpose intended, must be National Sanitation Foundation (NSF) approved, and Public Works approved for quantity and concentration. Disinfection of the wells is required in accordance with American Water Works Association (AWWA) C654 — Standard Disinfection of Wells. The Contractor's estimates shall include the type and concentration of chemicals (acids, inhibitors, polymers, neutralizers, etc.) to be used; the typical appropriate contact time for the chemicals; and the typical procedure for Introducing, mixing, and neutralizing chemicals in the well. In addition, the narne(s) and phone numbers of any company(ies) that will supply the treatment chemicals shall be provided, Completed Material Safety Data Sheets (MSDS) for all chemicals used shall include the methods of mechanical treatment (dual swab, wire/nylon brush, sonar jetting, etc.), The Contractor shall perform wire brushing and it shall be carried out in manner as to clean the casing louvers/perforations and to remove scale and tubercles attached to the wall of the casing. After wire brushing, the well shall be allowed to sit for 24 to 48 hours and sediment fill shall be removed from the bottom of the well to the maximum extent possible using a bailer or scow or equivalent retrieval device. All bailed material (water and sediment) shall be placed in steel drums or appropriate containers. The sediment, after separation from the water, shall be placed in the containers, properly labeled, and eventually removed from the well site for disposal by the Contractor. All bailed material shall be properly disposed of by the Contractor. 5. PUMP AND MOTOR REHABILITATION SERVICE The Contractor shall provide rehabilitation services when requested by the City, The Contractor shall rehabilitate of one or more of the following pump units: • Submersibles • Horizontal split case • Vertical turbines Rehabilitation of all pumps and motors may include, but not limited to: • Line shafts • Bearings • Right -angle -gears • Housing/frame • Column pipe • Seals • Impellers • Rotor shaft • Power/control cable attachments • Thermal/moisture sensors • Vibrational analysis (include report) • All other appurtenant components Upon request, the Contractor shall submit a written proposal to the City for the services described herein. The Contractor shall also include the performance pump curves, manual specifications, and detailed information regarding the new proposed pump and motor within the proposal package. The Contractor CITY OF SANTA ANA RFP NO,: 21-060 WATER WELL, PUMP AND MOTOR REHABILITATION AND REPAIR SERVICES shall also provide a construction project schedule for each given task order regarding rehabilitation services. All rehabilitation work shall be subject to the Project Manager's written approval prior to commencing any work by the Contractor. 6. ELECTRIC MOTOR REPAIR AND REFURBISHMENT The successful Contractor shall provide all transportation, labor, materials, tests and equipment, delivery/pick up for the repair and refurbishment of electric motors and perform any recondition or rewiring as necessary to return the equipment fully operational. All electric motor repair shall be done in an EASA Accredited Member service shop, no exceptions. a. All work shall be in accordance with the Electrical Apparatus Service Association's (EASA) Recommended Practice, AR100.2020 latest edition and the National Electrical Manufacturers Association (NEMA) standards for service and repair of electrical apparatus, The Contractor shall provide a list of approved vendors upon request. b. Work shall be in conformance with standards set by, but not limited to, the following organizations: Underwriters Laboratories (UL) a. Underwriters Laboratories --Certified motors shall be recertified after repair. b. Contractor's shop or his sub -contractor's shop shall be UL-certified to rebuild explosion -proof electric motors for use in hazardous environments. 2, American National Standards Institute (ANSI) 3. American Society for Testing and Materials (ASTM) 4. National Electrical Code (NEC) 5. National Fire Protection Agency (NFPA) 6. National Electrical Manufacturers Association (NEMA) c. Recondition/Repair of Electric Motors Reconditioning/repair of electric motors shall include the testing, disassembling, inspection, cleaning, dipping, baking of windings, replacement of bearings, assembly, testing and painting and at minimum include the following: Pro -Disassembly Test 1. Using a 1000V meg-ohm meter, conduct verification of insulation integrity. Record the insulation resistance of the motor as brought in from the City. Acceptable criteria is 5 meg-ohms or higher. 2. Verify that heaters are operational and that other attached features, such as thermocouples, have continuity. 3. Single-phase test to check for open rotors. (After disassembly, rotors will be inspected for evidence of damaged, cracked or open circuit bars or end rings. If there is evidence of faults, the rotor will be growl -tested.) The detection of any defect during testing shall be reported promptly to the City, 4, Documentation covered under this section shall include the condition of mechanical fits (i.e. shaft run out), cracked, broken or missing parts, test run at full voltage, current readings, meg reading CITY OF SANTA ANA RFP NO.: 21-059 WATER WELL., PUMP AND MOTOR REHABILITATION AND REPAIR SERVICES and surge comparison test as received. The City shall be notified if acceptable criteria are not met. ii. Motor Disassembly 1. Completely disassemble motor and steam clean all mechanical parts using a mild detergent compatible with winding insulation; thoroughly rinse; bake dry. 2. Disassembly documentation shall include the cause of failure and/or conditions contributing to failure. Ili. Motor Inspection 1. Visually inspect coils and windings for excessive wear, signs of conductor overheating or fatigue that possibly would not be apparent during an electrical test. 2. All stators shall be surge. tested with an electronic surge tester specifically designed to apply a surge voltage stress test simultaneously between turns of a coil, between phases, from winding to ground and to detect short-circuited turns in winding under test. Testing shall be per EASA, IEEE 62.2, 112 and 7.2.3 standards. Infrared imaging shall be provided pre and post test, iv. Mechanical Fit 1. Measure the bearing bores, shells, housings and shaft journals using a micrometer. Shaft fits and housing fits shall comply with AR100-2020. Machine work shall be approved by the Project Manager before being performed or machine work may not be paid for. Bearing journals, seal surfaces and bearing housing restoration shall be done by metalizing and machining or boring and sleeving, Documentation of before and after measurements shall be made. 2. Replace bearings per manufacturer's specifications. All grease fittings, plugs, etc. shall be replaced unless otherwise indicated by the Project Manager. Bearings shall be properly lubricated and bearing oil reservoirs shall drained for shipping and installation. The Contractor shall be responsible for filling the bearing oil reservoir upon installation. All equipment shall be tagged with information as to whether or not bearing oil reservoirs were filled and what type of lubricant was used. v. Rotor Balancing 1. All rotors of motors rated at 50 HP/3600/1800 RPM and above shall be dynamically balanced, with the rotor running at rated speed where practical, but not less than 600 RPM in the balance stand, The balancing speed shall also be rapid enough so the balance machine sensitivity can reliably measure the maximum allowable residual unbalance. 2, A printout tape from the balance/analyzer shall be furnished detailing the final balance values. This tape will be attached to the recondition/repair/rewind documents when the motor is delivered. vi. Motor Leads Motor leads shall be permanently tagged with non-magnetic markers. Motor lead configuration shall not be altered. �[ilt6II�Eitt+7i 1. Windings shall be double -dipped with Class H varnish and baked. 2. Machine -finished surfaces bore of the stator lamination and periphery of the rotor laminations shall be cleaned of all varnish and foreign materials. Photo documentation of this process shall be made prior to and after lamination. viii, Final Test 1. A 1000 volt meg-ohm meter shall be used to verify insulation continuity. This reading shall be 100 meg-ohms or greater and documented. After reassembly, motor shall be test -run at rated CITY OF SANTA ANA RFP NO.: 2.1-059 WATER WELL, PUMP AND MOTOR REHABILITATION AND REPAIR SERVICES voltage and frequency. No load voltage and phase currents shall be recorded, Vibration mils displacement shall be measured and recorded in the horizontal, vertical and axial planes on both ends of the motor, or top and bottom of vertical motors and documentation of current reading and vibration readings shall be provided to the Project Manager, 2. A 5KV meg-ohm rneter shall be used to verify insulation continuity of all 4160V motors. Ix. Paint 1. Exterior of motor shall be properly cleaned of rust and foreign material, prime painted and finish painted with a good grade of machinery enamel, the same color as received unless otherwise specified. Nameplates, machined surfaces and internal parts shall be protected from paint. 2. When needed, the interiors of motor frames and parts shall be painted with an insulating paint. This includes rotors, bearing brackets, frame interiors and air deflectors. Windings shall not be painted. x, Incidentals 1. In the event that the motor is in poor condition and cannot be repaired, reconditioned or made as new, the Contractor shall notify the Project Manager or Designee immediately. 2. All incidental parts requiring replacement, such as bearings, coils, etc. shall be considered included in other items of bid and no additional compensation shall be allowed, 7. REWINDING OF ELECTRIC MOTORS When rewinding is done in conjunction with a recondition or repair, many of the items below will be redundant and shall not be performed or charged, The items below apply to stator only (including all labor, materials and testing necessary for work completion) and shall at a minimum include: a. Pre -Disassembly Test 1, Using a 1000 meg-ohm meter, conduct verification for insulation integrity. Acceptable criteria is 5 meg-ohms or higher. 2, A 5KV meg-ohm meter shall be used to verify insulation integrity of all 4160V motors. 3. Verify that heaters are operational and other attached features such as thermocouples have continuity. 4. Pre -disassembly documentation shall include the condition of mechanical fits (i.e. shaft run out), cracked, broken or missing parts, test run at full voltage, current readings, meg reading and surge comparison test as received. The Project Manager shall be notified if acceptable criteria are not met. b. Stripping 1, Windings shall be removed by temperature -controlled burnout with oven temperature suppression. Burn -out temperature shall not exceed 750 degrees Fahrenheit, 2. Windings shall be removed in such a fashion not to damage or distort the core iron. Upon removal of the old windings and insulation, the core shall be thoroughly cleaned and inspected for burrs, etc. 3. After the burnout procedure, the Contractor shall perform a stator core loss test to ensure the stator laminations are not heat damaged. If the stator core losses exceed four (4) watts per pound of core steel, notify the Project Manager prior to proceeding forward. c. Winding 1. General: Rewound motors shall meet or exceed all O.E.M. operating characteristics, unless otherwise specified by the Project Manager. NEMA Class H insulation shall be used, unless otherwise specified. Magnet wire shall be a Quad Build, insulated wire of domestic manufacture that meets or exceeds NEMA specification MW-35A. After winding and prior to resin treatment, windings will be surge -comparison tested and the results documented. CITY OF S'ANTA ANA RFP NO.: 21-059 WATER WELL, PUMP AND MOTOR REHABILITATION AND REPAIR SERVICES 2. The copper cross-sectional,area shall be at least as large as the original winding. 3. Resin Treatment: Windings shall be double -dipped with Class H varnish and baked. 4. Check all coils for overall coil shape. Perform a high frequency turn -to -turn dielectric test (surge test) in accordance with IEEE 52.2. Submit test results to the City. This shall be done prior to installation into the stator. d. Motor Leads Motor leads shall be replaced as the original leads. Leads will be permanently tagged with non-magnetic markers. Lead lengths shall be identified by the City when a request for service is made. e. Insulation Windings shall be double -dipped with Class H varnish and baked. Insulation shall be tested phase -to - phase and phase -to -ground at 1000 volts do and yield a one minute test result of 1000 meg-ohms or better. f. Final Test A 1000 volt meg-ohm meter shall be used to verify insulation continuity. This reading shall be 100 meg- ohms or greater and documented. After reassembly, motor shall be test -run at full voltage and documentation of current reading and vibration readings shall be provided to the end user, (NOTE: a 5KV meg-ohm meter shall be used on all 4160V motors.) Copper DC resistance tests, phase -to -phase, on rotor winding from slip rings shall be performed. If the rewound rotor fails to pass any test, the rotor shall be rejected. The Contractor shall rebuild and retest until all tests are approved by the City. 8. WELL PUMPING REDEVELOPMENT SERVICES Following mechanical redevelopment, the City may elect to have Contractor proceed with pumping redevelopment which shall consist of intermittent pumping and surging of the well and discharging to waste via permitted storm drain channels, The Contractor shall make adequate provisions for the disposal of water pumped from the well during redevelopment and/or test pumping. Such provisions shall include, but not be limited to, furnishing and Installing discharge piping from the pumping unit of sufficient size and length to conduct water to a point as designated by the City and upon request providing temporary storage tanks to contain the discharge. The Contractor shall also furnish acceptable orifices, meters or other approved devices, which will accurately measure the pumping rate. Upon request, an airline complete with properly calibrated gage shall be provided by the Contractor to measure the elevation of water in the well. Contractor may be required to collect pumped groundwater into sedimentation tanks prior to discharge to a storm drain in order to comply with the waste discharge requirements of the regulating agency(s). Redevelopment records shall be maintained showing production rate, total acre footage discharged, and all other pertinent information concerning well development. 9. PRODUCTION TESTING OF REHABILITATED WELLS Upon request, the Contractor shall provide production testing of rehabilitated and or new wells to determine the optimum rate of pumping and shall include a step drawdown test and a constant -rate discharge test in accordance with AWWA A100-20 standards (latest edition). Prior to the start of the step drawdown test, a period of at least 24 hours of non -pumping conditions shall be met following the pumping development work. The Contractor shall provide qualified personnel during the step-drawdown and constant -rate discharge test and shall ensure proper operation of the pumping test equipment and assist in water level monitoring if requested by the City. CITY OF SANTA ANA RFP NO.: 21-059 WATER WELL, PUMP AND MOTOR REHABILITATION AND REPAIR SERVICES a. Discharge Water 1. Discharge water shall be conveyed from the pump to the point of discharge at the well site. It is imperative to ensure that no damage by flooding or erosion is caused to the chosen drainage structure or water disposal site, or to nearby lands and/or streets. 2. The Contractor shall provide all piping and discharge lines. The point of discharge location will be provided by the City and the Contractor will be responsible for all devices and piping to convey the water to that discharge point. 3. No fluids will be permitted to flow offsite (except to proper drainage facilities) or to properties not owned by the City. All discharges will meet the requirements of the City's NPDES permits and Orange County Flood Control permits. b. Step-Drawdown Test 1. Prior to starting the step-drawdown test in the well, the static water level shall be measured. The well shall be "step" tested at rates determined by the City. The step-drawdown test for the well is estimated to require approximately 12 pumping hours with each step being 3 to 4 hours in duration unless specified otherwise. 2. The Contractor shall operate the pump and change the discharge as directed by the City. Both a gate valve and an engine throttle shall control the discharge of the pump unless specified otherwise. The discharge shall be controlled and maintained at approximately the desired discharge for each step with an accuracy of plus or minus five (5) percent. 3. Pump discharge shall be measured with an instantaneous flow meter dial and a totalizer meter and stopwatch, as approved by the City. Both an air -line and electric sounder shall be furnished by the Contractor for water level measurements. During the step-drawdown test, the Contractor shall record sand content measurements at 30-minute intervals. c. Constant Rate Discharge Test 1. After a 24-hour recovery period from the end of the step-drawdown test, the City may request the Contractor to perform a constant -rate discharge test. This test shall be run for a period of 24 hours, or until the pumping level remains constant for at least 4 hours, or until the City terminates the test. A recovery period of 24 hours shall follow the termination of the constant -rate discharge test, at which time the City will collect residual drawdown (recovery) data. 2. During the constant -rate discharge test, the Contractor shall also conduct the final sand content testing. The sand content shall be determined by averaging the results of samples collected at the following times during the final pumping test: i. Five (5) minutes after start of the test ii. After 1/4 of the total planned test time has elapsed iii. After 112 of the time has elapsed iv. After 3/4 of the time has elapsed V. Near the end of the pumping test d. Aborted Tests 1. Whenever continuous pumping at a uniform rate has been specified, failure of pumping operations for a period greater than one (1) percent of the elapsed pumping time shall require suspension of the test until the water level in the pumped well has recovered to its original level. 2. Recovery shall be considered "complete" after the well has been allowed to rest for a period at least equal to the elapsed pumping time of the aborted test, except that if any three (3) successive water level measurements spaced at least 20 minutes apart show no further rise in the water level in the pumped well, the test may be resumed immediately. 3. The City shall be the sole judge as to whether this latter condition exists. CITY OF SANTA ANA RFP NO.: 21-059 WATER WELL, PUMP AND MOTOR REHABILITATION AND REPAIR SERVICES e. Records 1. The Contractor shall keep accurate records of the pumping test of the well and furnish copies of all records to the City upon completion of the test. The records shall also be available to the City for inspection at any time during the test. The records shall include physical data describing the construction features such as, but not limited to: I. Well depth and diameter ii. Complete screen description III, Length and setting iv. A description of the measuring point and its measured height above land surface and/or mean sea level V. The methods used in measuring water levels and pumping rates The Contractor shall also keep records on the type of pumping equipment used at the well site including engines, drive components, bowls, lines, and shafts, The Contractor will keep records of operation of equipment during the test including engine rpm and horsepower, fuel use, and other essential information that will be useful in designing a pump system. 10. MACHINE WORK Upon request, the Contractor shall provide machine work services. Machine work shall apply to, but not be limited to, the drilling and tapping of broken bolts, customized (1) - 2" coupling at the base of the discharge head, the repairing of damaged locking rings and stators, the replacing of power cords, power cord assemblies and power cord connectors and repairs to impellers, covers, volutes, mounting rails, bearing journals, discharge heads, and pump shafts. 11. DOCUMENTATION All rehabilitations, repairs, and installations shall be supplemented with reports and documentation that provides accurate details about the new installation or repairs (including a pump and motor schematics and Pump performance curves). Within ten (10) business days of completing a full rehabilitation, the Contractor shall provide these documents to the City for review, All new pump and motor installations shall come with plaques that maintain up-to-date and accurate information regarding the performance and capacity of the units. Documentation shall include, but is not limited to, the following: a. Pre -Disassembly Testing report for all activities as described. b. Photo documentation of existing condition prior to fulfilling each described criteria of the disassembly test. c. Motor Disassembly report, including photo documentation before and after cleaning. d. Motor Inspection report, including stator core loss testing results. Photo documentation of coils, windings and conductors showing any signs of excessive wear or failure. e. Mechanical fit measurements shall be recorded as specified. Photo documentation shall be submitted for all replaced bearings, grease fittings, plugs, etc. f. Rotor balancing report as specified. g. Insulation report as specified above. Before and after photo documentation of the windings prior to varnishing and baking. h. Final test report as specified. i. Pump Reconditioning report as specified. j. Pump curve and pump/motor schematic. CITY OF SANTA ANA RFP NO.; 21-059 WATER WELL, PUMP AND MOTOR REHABILITATION AND REPAIR SERVICES All testing, inspections and incidentals related to required reports shall be considered included within the bid items for said testing report and no additional compensation shall be allowed. 12. MINIMUM QUALIFICATIONS a. All electric motor repair shops shall be EASA Accredited and shall provide a copy of the certification upon request by the City. Failure to provide a sub -contractor that is an EASA Accredited Member as a part of the proposal may be grounds for proposal rejection. b. Contractor or Contractor's subcontractor shall be certified as an UL Facility and shall provide a copy of the certification upon request by the City. c, Contractor shall be responsible for obtaining all original equipment manufacturer (OEM) technical documents, drawings and parts when necessary. d. Contractor shall have all engineering, design, metalizing, welding, heat treating, machining, balancing, calibrating and testing capabilities necessary to completely refurbish/rewind electric motors. e. Equipment used for inspecting, calibrating and testing pumps and motors shall be up-to-date and have calibration certificates, less than one year old, traceable to National Institute of Standards and Technology (NIST) standards where applicable, 13. SECURITY REQUIREMENTS Public Works Agency field representative will unlock the Public Works Agency facilities entry gates on the first day of work to allow Contractor access. Contractor shall then supply their own padlock(s) for some entry gates as specified by the Public Works Agency. Contractor's padlock(s) shall lock onto the Public Works Agency's padlock connecting to the chain -link, which enables both the Public Works Agency field representative and Contractor to unlock the entry gates. After completion of work, padlock(s) shall be removed by the Contractor. Contractor and/or subcontractors shall notify the Public Works Agency field representative upon arrival and departure to or from jobslte. 14, PARTS, MATERIALS AND WARRANTIES The Public Works Agency will reimburse the Contractor for the cost of repair parts, materials, and replacement equipment, plus 15 percent markup, provided the Contractor has obtained the City's prior written approval of Contractor's written estimate. All replacement equipment shall be approved by the Public Works Agency prior to the purchasing of the equipment. The Contractor shall provide manufacturer documentation to the Public Works Agency for any replacement equipment. The Contractor shall submit an invoice with attached applicable receipts for a particularjob to the Project Manager, The Contractor shall assure that all materials, parts, and workmanship supplied shall be free from original or developed defects. Contractor shall provide a minimum of one year warranty for materials and parts and thirty days on workmanship. Should original or developed defects and/or failures appear within the minimum warranty of one year after work completion, Contractor shall, at its expense, rectify such defects and/or failures and make all replacements and adjustments that are required. Corrective work shall be performed by the Contractor and given the highest priority after Public Works Agency's notification to do so, and shall be completed to the satisfaction of the Project Manager. The Contractor shall proceed diligently to complete said work within the tirne allotted as approved by the Project Manager. CITY OF SANTA ANA RFP NO.: 21-059 WATER WELL, PUMP AND MOTOR REHABILITATION AND REPAIR SERVICES -15. AS -NEEDED REPAIRS At the direction of Project Manager, the Contractor shall provide a written estimate including labor and parts, materials and equipment needed to perform the As -Needed Repairs, Upon written approval from the Project Manager, the Contractor shall perform the As -Needed Repairs. At its sole and absolute discretion, Public Works Agency reserves the right to accept or reject the quote provided. 16. VALUE ADDED SERVICES The Contractor may propose additional related services that the City has not specifically identified in this RFP to accomplish the stated goals of this RFP. Value added related services will be considered by the City and may or may not be incorporated in the agreement. All parts and materials must be supplied new and factory approved. Additional work/locations may be added during the Contract period. Upon request by the Project Manager, the Contractor shall provide a written quotation for any additional work/location(s), based on the rates submitted, The Contractor shall be paid for additional work/locations in accordance with the rates submitted. Upon Contract Manager's negotiation and acceptance of the Contractor's written quotation the additional work/location(s) may be added to the Contract by amendment or change order. 17, STORAGE FACILITIES The Public Works Agency will not provide storage facilities for the Contractor. The Public Works Agency will not be liable or responsible for any damage, by whatever means, or for theft of materials or equipment on the jobsite. 18. CLEANING AND RESTORATION OF SITES The Contractor shall visually inspect the site during and after work is performed for liquid spills, oil and grease deposits, hard water strains, debris, trash, refuse, etc. Upon request, the Contractor shall provide professional cleaning services to remove persistent deposits such as oil and grease stains by means of pressure washing and chemical cleaning with detergents, caustic sodas, etc. that are eco-friendly. The sites shall be cleaned and restored to previous if not better condition after any well rehabilitation work performed that requires dismantling, installing or fabricating. The Contractor shall be responsible for the following: Liquid and oil deposits The Contractor is responsible during the duration of the job to contain and clean up any types of spills or leaks. This pertains to equipment, vehicles, tools, etc. Spill containment and or absorbent ground tarp is required for equipment stored on site over long periods of time. All containers of fuel, solvents and or chemicals shall be stored on spill containment berms or secondary containment. 2. Materials The Contractor is responsible for the removal of all used materials through the duration and completion of the job, and all debris derived from these services shall be removed from City property, Disposal shall be at the Contractor's expense and that includes but is not limited to debris, trash, refuse, etc. CITY OF SANTA ANA RI=P NO.: 21-059 WATER WELL, PUMP AND MOTOR REHABILITATION AND REPAIR SERVICES 3. Restrooms When applicable, the Contractor shall furnish their own restroom facilities and are responsible for said facilities onsite. Storm Water Pollution Prevention (SWPP) The Contractor shall not allow any debris from its operations under this Contract to be deposited in the storm drains and/or gutters in violation of the City's NPDES permit. 5. Site Maintenance The Contractor shall maintain the site and keep the premises free from accumulation of waste material and the Contractor shall remove all rubbish, implements, surplus material, and temporary facilities generated by the work. 6. Cleanup The Contractor is responsible for leaving the work area free of all debris generated by this work at the end of each workday and for final cleanup when the job is completed. The City shall perform inspections of the site prior to the work being performed and identify the conditions of concerns if any remain during and after the work is completed, 19. SPECIAL SAFETY REQUIREMENTS All Contractor's operators shall to observe all applicable State of California Occupational Safety and Health Administration (Cal/OSHA) and Public Works' safety requirements while at Public Works job sites. 20. ADDITIONAL RESPONSIBILITIES OF THE CONTRACTOR Contractor and or Contractor's subcontractors must possess and maintain the following active and valid licenses as applicable to individual subcontractor: 1. State of California Water Well Drilling Contractor's C-57 License or Contractor's "A" License. 2. State of California Limited Specialty Contractor's C-61, subcategory Machinery and Pump Contractor's D-2'1 License. Have a minimum of five years of experience performing groundwater wells and pump pulling services. If a Subcontractor is used, Subcontractor must also have a minimum of five years of experience performing services as stated above. Also, the Contractor's project manager(s), and Subcontractor's project manager(s), if any, must have a minimum of five years of experience performing groundwater wells, pump pulling services, video inspections and/or motor repairs. In addition, the Contractor's project manager(s) and Subcontractor's project manager(s), if any, must have the following certifications: State of California Division of Occupational Safety and Health Administration Hazardous Waste Operations Emergency Response (HAZWOPER) Certification National Ground Water Association (NGWA) Certification - Pump Installation i Electrical Apparatus Service Association (EASA) Accredited Member Status Provide all labor, equipment, materials, tools, and supervision required to perform as -needed pump pulling Wl" I-1I'll Y MFIII- Water Well, Pump and Motor Rehabilitation and Repair Services RFPNO.: 21-059 2073 Railroad Street It WEBER Corona, CA 92878 P: 909-383-6837 WATER RESOURCES WeberWaterResources.com ItWEBER May 26th, 2021 WATER RESOURCES City of Santa Ana Public Works Agency 220 S. Daisy Avenue, Bldg A Santa Ana, CA 92703 Re: Proposal for Water Well, Pump and Motor Rehabilitation and Repair Services Dear Armando Fernandez, P.E., Project Manager: Weber Water Resources CA, LLC, ("Weber") is pleased to submit to you our proposal for the Water Well, Pump and Motor Rehabilitation and Repair Services. Included within this proposal is the necessary information and in the format as requested in the RFP. Weber has reviewed Attachment 4: Standard Agreement and has no objections. Contractor and any listed subcontractors must be registered with the Department of Industrial Relations (DIR) prior to submitting bids to any public works contracts. Failure to comply will make bids non -responsive. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with DIR pursuant to Labor Code Section 1725.5. Weber will adhere to all federal laws and regulations notwithstanding an state or local laws and regulations. In case of conflict between federal, state, or local laws or regulations, the strictest shall be adhered to. Upon request, Weber shall allow authorized federal, state, county and the City of Santa Ana's official's access to place of work, books, documents, papers, fiscal, payroll materials, and other relevant contract records pertinent to this project. Weber will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Weber will comply with the California Labor Code. Pursuant to said regulations entitled: Federal Labor Standards provisions; Federal Prevailing Wage Decision; and State of California Prevailing Wage Rates, respectively. Weber shall comply with the Copeland Anti -kickback Act (18 USC 874 C) and the implementation regulation (29 CPR 3) issued pursuant thereto, and any amendments thereof. Our team is very excited about this project and hope we will have the opportunity to share our team's experience with you in person soon. This proposal shall remain valid for 120 calendar days from the date of submittal. Sincerely, Don Rice, General Manager 2073 Railroad Street, Corona, CA 92880 P: (909) 383-5837 FIN:45-4230746 Weber Water Resources CA, LLC WEBER WATER RESOURCES Table of Contents Page 1...................................................... Company Overview Page 2...................................................... Company Page 3.......................................4.............. Page 4..................................... Overview Statement of Qualifications .. ...... I........ Key Personnel Page 5...................................................... Key Personnel Page 6............................................0......... (Cont.) Project Approach............ Page 7 ....................... ................. .. References Page8...................................................... Page9...................................................... Page 10.................................................... Non -Lobbying Non -Collusion Non -Discrimination Page 11.................................................... Fee Schedule WEBER WATER RESOURCES ABOUT WEBER WATER RESOURCES CA Location of Principal Office The Weber Water Resources CA, LLC Headquarters is located at 2073 Street, Corona, CA 92880 Project Contacts: Don Rice - General Manager - Primary Contact (909)361-2014 Jose Villanueva - Project Manager - Secondary (951)215-5481 M, California Contractor's Licenses Weber holds the following California ROC licenses: Services Provided: Well Pump Service • Vertical turbine • Submersible • Preventative Maintenance • Aquifer Testing Video Surveys • Booster Pumps WEBER'S PROJECT MANAGEMENT PROCESS Customer contacts Weber with Job Order Request 6 XPPROVED 6 Weber submits Scope of Work package to the Customer for approval 4 NOTICE TO PROCEED i © 24 HOURS Weber responds within 24 hours or less Well Rehabilitation • Brush and bail • Chemical treatment • Sonarjet Airlifting/jetting Well Drilling • New well construction • Modifications • Abandonment • Rotary drilling Weber's Project Manager meets with Customer for a Scope of Work Conference O r r Customer, Weber, and Weber submits Cost Customer and Weber other stakeholders hold a Estimate to the execute the Job Order pre -construction Customer for approval conference. 4 m Weber performs work within Upon completion of work, Customer issues a Notice to the parameters set forth by the Customer and Weber perform Proceed Customer closeout activities Weber currently performs well and booster station repair and maintenance under service contracts for multi -municipal and industrial clients. These processes include the importance of submitting estimates and obtaining PO numbers, supplying vendor invoices, referencing the your work authorization numbers on all invoices, and detailed completion packages at project closeout. Weber is uniquely positioned to execute a broad spectrum of service. Weber has a staff of more than 70 that includes construction managers, estimators, schedulers, superintendents, crew members and office support staff that work in areas of well and booster Pump service, well site construction, electrical, instrumentation, and controls as well as the drilling of water wells. Weber has the equipment and personnel to deliver production on a fast schedule project or emergency basis. The equipment includes 9 pump rigs, 8 crane trucks, 8 cable tool rigs, 2 reverse rotary drill rigs, support trucks and multiple full service machine shops. The equipment and personnel will allow Weber to deliver on your specific needs. Description of Company Weber has been providing innovative and strategic water resource solutions to its clients throughout California. Weber has a unique business model unrivaled by any competitor. Our firm is the only contractor that self performs all major components of water resource infrastructure project. Weber's in-house capabilities allow for the delivery of an agencies' vital assets with a lower initial capitalization and increased ROL Additionally, Weber is able to help reduce long term operational costs by focusing on the constructibility and serviceability of an asset. Weber's services include large diameter production well drilling, well rehabilitations, pump sales and service, electrical instrumentation and control, and water plant general contracting work. Weber's seven core values serve as the foundation to our employees that enable the organization to be successful. t Customer Service 2. Honesty/Integrity a. Safety a. Adaptability & Personal & Professional Development s. Innovation 7. Youth Philanthropy Our commitment to customer service is what seperates Weber from the competition. With three locations throughout the Southwest, Weber is able to meet the needs of a demanding industry. Markets served include municipal, industrial, wastewater and mining throughout the Southwest. Weber is proud of the continuous efforts of everyone within the organization to cultivate and advance a culture of safety. We employ a safety coordinator whose sole responsibility is safety. He alone is not able to establish the culture. In fact, the focus on safety is the responsibilities of all within the company and starts at the individual level. Weber has implemented several requirements to ensure a safe working environment including mandatory bi-weekly, company -wide safety meetings and daily job Safety Analysis reports (JSA that come in form of a Pre -Task Planning report. Pre - Task Planning gives the crew opportunity to asses the day's work process, potential hazards, required tooling and equipment to safely complete the task at hand. All crew members must sign -off on the Pre -Task Planning form. The results of Weber's focus on safety is visible in many ways. ItWEBER WATER RESOURCES Statement of Qualifications: Weber has read the RFP and understands that the City is seeking one or two experienced contractor(s) to provide pump and well maintenance. Our qualified staff maintains the necessary qualifications and certifications to perform the scope of work outlined in the RFP. Weber has the capabilities to self perform a broad scope of services which includes four divisions: • New Well Construction • Pump & Well Service/Repair • Electrical & Instrumentation General Contracting Our clients' satisfaction is of paramount importance. Weber's goal is to create long standing relationships with our clients. This is created by performing professional and industry leading service consistently. Specific services include: well pump service, aquifer testing, video surveys, well rehabilitation, chemical treatment, airlifting, well drilling, well modifications, abandonment, booster pump service, preventative maintenance, electrical services, motor controls, and diagnostics. Safety Program — Weber is proud of the continuous efforts of everyone within the organization to cultivate and advance a culture of safety. We have a complete safety program in place and we employ a safety coordinator whose sole responsibility is safety. Our Emod history is as follows: 5/1 /2021 .64 5/1/2020 ,81 5/1/2019 .69 *End of Statement of Qualifications* ItWEBER WATER RESOURCES Key Personnel: _Marty Weber. Chief Executive Officer: Professional individual offering extensive knowledge in the water resource industry with the ability to problem solve, coordinate, delegate and manage projects and resources effectively. Eighteen years of field and management experience in cable tool, hollow stem auger and rotary drilling, and pump installations. Eight years of field experience includes new well installation and design, pump repairs, well abandonments, acidization, cementing and various rehabilitation procedures. Ten years of management experience, initially directing all of operations, and now CEO. Certifications/Licenses: Contractors License's in Arizona, California, and Nevada, Well Drillers Licenses in California, Arizona and Utah. Don Rice. General Manager: Performance -driven, customer focused manager with a history of more than 20 years fostering mutually beneficial partnerships with customers to maintain their highest level of satisfaction. Extensive experience collaborating with customers and internal resources ensuring that our customers' expectations are met each and every time we provide services. Demonstrated ability to learn and teach new concepts, easily adapt to change and manage multiple simultaneous tasks. Mike Ha slam, Drilling Manager Mike started in the well drilling industry in 1977 and has extensive experience in all aspects including procedures, equipment well design and construction in Hawaii, California, Nevada, Utah, Arizona, New Mexico, and Mississippi. He served as a helper for one year, driller for seven years, field supervisor for 15 years, operations manager for three years, and project manager, estimator for 12 years. Jose Villanueva Operations Superintendent Jose started his career at Weber Water Resources 10 years ago as a helper on a cable tool rig. Jose was motivated and determined to become a Cable Tool rig operator and with the Weber training provided, Jose became one of the organizations best Operators performing well drilling, well modification, chemical rehabilitations, brush/bailing, airlifting, and liner installations. In addition to the Cable Tool rig, Jose operates a pump rig and can perform aquifer testing. His wide range of field experience and dedication to perform work efficiently and safely has allowed him to successfully manage personnel and projects. Tony McBee, Senior Sales/Project Manager: Tony's experience spans over 30 years in the water and wastewater industry. His experience with pumping plant equipment includes installation of new equipment, repair of existing equipment, applications and engineering, design -build and project management primarily in deep -well, booster and process equipment applications. Through his experience, he has worked with numerous engineering firms, pump manufacturers' engineers and technicians building long-standing relationships with several municipal and industrial clients. WEBER Ron (Jake) Arriola Machinist: WATER RESOURCES Jake has 10 years of experience within the water resources industry performing detailed inspections and repairs on deep well turbine, submersible, booster, centrifugal, and split case pumps, electrical cable splicing, fabricated heads, and performing failure analysis. Jakes knowledge of the interracial parts of a pump system allows him to refurbish the pumps by ear ringing impellers and fabrication of specific pump parts. Certification/Licenses: CDL Class A License with HAZMat Endorsement, OSHA Fork Lift License. Jeff Talkington. Safety Coordinator: Jeff has 9 years of experience in the water resources industry. Jeff joined Weber Water Resources in July 2012 and is responsible for the company's safety program which includes monitoring for regulatory compliance, conducting safety training and assessments, and creating a strong safety culture. Jeffs former experience includes well drilling development, wastewater applications and soil/water sampling. Jeff is a graduate of Northern Arizona University. Weber Water Resources takes great pride in safety and training for our field/shop employees. Annually, Weber employees undergo 1400 hours of training. Certifications range from OSHA 40, HAZWOPPER, confined space, and crane certifications. Each of our operators undergoes training for a minimum of 2 years before being assigned the responsibility of operating a crew and rig. Each of our operators has various strengths relative to the scope of work required for our customers. Operators are assigned based on their commensurate experience and expertise relative to the scope of work required. Weber's approach to work begins with the Project Manager who reviews the scope to gain a clear understanding of what is required. Following the scope review, communication between the Project Manager and customer takes place to review the project schedule and clear anything that was not in the scope or that requires clarification. Once the schedule begins, the Operational Superintendent assists the Project Manager with the project oversight and communication with the customer to ensure we stay on schedule. *End of Key Personnel* WEBER WATER RESOURCES Project Approach/Methodolo Weber Water Resources CA, LLC ("Weber Water Resources"), a limited liability company, has been providing the widest range of water resources solutions with the lowest risk to clients for nine (9) years. Weber Water Resources has two (2) additional locations in Arizona providing service for over 100 years. Weber Water Resources is able to partner with public and private clients to achieve the most desirable results possible. When problems are present, solutions are what Weber Water Resources provides. Our unique approach to handling our clienteles' needs is showcased through our project manager's ability to develop a personal relationship with each client to better understand the needs and scope of each project. A plan tailored to deliver maximum results is overseen by your project manager from inception to completion. Within 24 hours our firm can mobilize and deploy to a request for emergency service. With a state-of-the-art database to track essential components of your water system infrastructure, documented quality control processes and over 1400 hours annually of continual education among staff, Weber Water Resources truly provides solutions in the water resource industry at the lowest risk possible. Weber Water Resources is organized internally specifically for the multiple -project and timely construction nature of on -call projects. Within our recent experience, we have completed multiple on -call contracts that entail the maintenance and service for municipalities and county requirements and have demonstrated capacity to perform the required services. Also, the proposed team at Weber Water Resources has successfully completed the construction and installation of projects with similar scopes of work as outlined within the RFP. With a staff of more than 70 employees, Weber Water Resources has the resources to support your project needs. Tony McBee will lead the project to ensure the work is completed correctly and timely. Tony has more than 30+ years of experience in the water and wastewater industry. His experience with pumping plant equipment includes installation of new equipment, repair of existing equipment, applications and engineering, design -build and project management in deep -well vertical turbines, booster and process equipment applications. Weber Water Resources machine shop is located within our 10,000 sq. foot facility in Corona, CA. Our machining capabilities allow us to perform the necessary tasks required to support pump repairs, including turning, boring, threading (internal and external), drilling and milling operations. In addition to disassembly, inspection, prep and assembly work, typical shop work involves fabrication of shafting, enclosing tubes, bearings and restoring casings (bowls and impellers) to their original or specific tolerances. Weber's approach to each project is to tailor a specific plan to achieve maximum results with the ultimate goal of maximizing the life of the clients' asset. Each project starts with a meeting between the Project Manager and Client. The Project Manager will gather all historical documentation, including recent changes to pumping production, water levels and/or water quality to help provide an appropriate remedy to maximize the well yield. The Project Manager will evaluate the documentation and conditions present. Upon completion of the Project Managers evaluation, a detailed scope of work will be provided to the District. Weber will communicate throughout the project to ensure the District personnel is aware of progress. Upon completion of the work, Weber will conduct a post -project inquiry with the District to better understand how we performed. We want to capitalize on the areas we excel in and improve any areas where the client was not satisfied — if present. CITY OF SANTA ANA WATER WELL, PUMP AND MOTOR REHABILITATION AND REPAIR SERVICES ATTACHMENT 3; PRQPOSER'S REFEIRENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the ddsupplies, equipment or services included in the scope of the proposal specifications, Att aitional pages if required. The City reserves the right to contact each of the references listed forach additional information regarding Your firm's qualifications. Reference Customer Name;_ City of Riverside Address; 3900 Main $t Riverside CA 92501 Contract Amount: $598 348 Description of supplies, equipment, or services provided: Contact Individual; Adam I e lin Phone Number: _(951) 538-6870 Facsimile Number: Year: 2021 all Reference Customer Name: California Ameri an Water Address; 511 Forest Lodee Rd noo Pacific Grove, CA 93950 Contract Amount; $181,258 Description of.supplies, equipment, or services Reference Customer Name: Golden State Water Comnanv Address: 630 B Foothill Blvd San Dirnas CA 91773 Contact Individual: AlissaXicnercky Phone Number: _ (831) 241-3162 Facsimile Number: Year: Contact Individual: Tustin Brown Phone Number; _(805) 260-0870 Facsimile Number: Contract Amount: _ $189,850 Year: Description of supplies, equipment, or services provided: CITY OF SANTA ANA WATER WELL, PUMP AND MOTOR REEHABI oITATION AND REPAIR SERVICES Refe a co Customer Name: California American Water Contact Individual: Matt Leasecici Address:__ 511 Forest Lodge Rd. #lo0, Pacific Grove CA 93950 Phone Number: (216) 27-474o Facsimile Number: Contract Amount: , 197 882 Year: 2019 Description of supplies, equipment, or services provided: Crenshaw Well -Dual SwablDevelo meat, Furnish + Install THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDEREn MnNRKconwicn CITY OF SANTA ANA, WATER WELL, PUMP AND MOTROR REHABILITATION AND REPAIR SERVICES NON-LOBnN§ CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) if any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress In connectionwith this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification Is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification Is a prerequisite for making or entering into this transaction Imposed by Section 1352, Title 31, U.S. Code, Any person who fails to file the required certification shall be subject to a civil pe not less than $10,000 and not more than $100,000 for each such failure, nalty of The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed:` ---- Title: General managgr Firm: _YS ehrr Water R�annrcPa Date: /26121 Page 1 of I CITY OF SANTA ANA WATER WELL, PUMP AND MOTOR REHABILITATION AND REPAIR SERVICES NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106 In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declare*$ that the bid is not made in the Interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has hot directly or Indirectly Induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or Indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested In the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, compan association, organization, bid depository, or to any member or agent thereof to effectuaty e a collusive or sham bid. Note; The above Nan -collusion Affidavit is part of the Proposal BIDDERS are cautioned that making a false certification may subject the certifier to crimin I prosecution. Signed" -- State of California County Subscribed and sworn to (or affirmed) before me on this 26th day of M[ay 20 21 by Don Rice proved to me on the basis of satisfaoto evidence to be the person(s) who appeared before me NICOLE MEDINA Notary public • Cal;farnla • River Ida county f r ^ commiss�an 8 2292644 My Comm. Expires Jun 11, 2023 , Notary Public Signature Notary Public Seal Page t of 1 CITY OF SANTA ANA WATER WELL, PUMP AND MOTOR REHABILITATION AND REPAIR SERVICES NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies .as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, Including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all Information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor,, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or In part and the Consultant may be declared Ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized In Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. Pagel of CITY OF SANTA ANA WATER WELL, PUMP AND MOTOR REHABILITATION AND REPAIR SERVICES The Consultant shall Include the portion of the sentence Immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every .subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor purchase order as the administering agency may direct as means of enforcing such provisions, Including sanctions for noncompliance; provided, however, that In the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. , 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 193% and as amended, no discrimination shall be made in the employment of persons upon public Works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this section Is subject to. allt hepenalties Imposed for a violation of the Chapter. Signed: Title:. General Manager Firm; Weber Water Resources CA, LLC, Date: 5/26121 Page 2 of 2 CITY OF SANTA ANA WATER WELL, PUMP AND MOTOR REHABILITATION AND REPAIR SERVICES GENERAL UNIT QUANTITY PRICE TOTAL Removal of motor, discharge head & pump LS 1 Installation of motor, dischargeum head & pump LS 1 $16,475 $16,475 New bowls performance certification $16,475 $16,475 Water well disinfection EA 1 $2,500 $2,500 Step drawdown test, Constant, Install/Remove TP EA EA 1 1 1$15,000 $15,000 Sound attenuation 5 $48,000 $48,000 PUMP WORK LS 1 $25,000 $25,000 New complete pump with 2,800 GPM at 280 feet TH, high EA 1 efficiency (83.1 %) or better s 12-inch 5 feet column & collar $10,295 $10,295 12-inch 10-feet column & collar 2 $385 $770 12-Inch threaded bronze retainers EA 27 $550 $14,850 Rubber line shaft bearings EA 28 $235 $6,580 10-foot 1 15/16-inch head shaft EA 28 $12 $33 10-feet 416 SS 1 15/16-inch line shaft & coupling � 1 $335 $335 5400t 416 1 15/164nch line shaft EA 27 $380 $10,260 1 15/16-inch 416 SS shaft couplings EA 2 $266 $532 12-inch 20 feet suction pipe EA 2 $45 $90 SS 12-1nch suction cone strainer EA 1 $965 $965 300' of SS sounding tube ° EA 1 $550 $550 Sounding Kit FT 300 $1,340 $1,340 EA 1 MOTOR WORK New complete 250 HP, 460VAC, 3Ph, 60Hz or equal 2 EA 1 Top Bearings $21,480 $21,480 Bottom Bearings EA 1 $1,500 $1,500 Two band heaters 115v, 115 Watt EA LS 1 $1,500 $1,500 Three coil thermostat NC or NO 1 $872 $872 Set of tin plated copper terminals or lugs LS 1 $604 $gp4 Tellus 68 oil LS 1 $87 $87 WELL WORK LS 1 $268 $268 Mobilization & Demobilization Under Water video of well (before/after) LS 1 $10,483 $10,483 EA 2 CITY OF SANTA ANA WATER WELL, PUMP AND MOTOR RE ASIL TATION AND REPAIR SERVICES Wire brushing of well section under water & perforations EA 1 (1080 feet) 7 $10,700 $10,700 Chemical treatment during wire brushing (optional) a LS 1 $42,000 �� $42,000 Rail &dispose of all dirt &debris (if needed) Lg 1 SONAR Jet of perforations (1015 Feet $3,083 $3,083 LS 1 $7,135 $7,135 Proposed new pump: Make: Flowserve Model No.: 1SEHM GPM: 2,800 TDH; 280' Eff : 83% 1. Contractor must Include all costs involved In accessing the equipment including removal of pump through the building hatch and or working around building roof and hatch. Please refer to Appendix A for a site map as reference, 2. Contractor to provide pump curve, lead time for procurement of parts along with turn around/completion date. 3. Chemical treatment during wire brushing will not be used in the evaluation of the bids. If chemical treatment Is applied, the bid price must Include cost of the chemicals, chemicals handling (application & mixing), used chemicals neutralization and disposal, 4. New Stainless Steel line for sounding will be provided and installed, with necessary mounting brackets, and one gauge calibrated for sounding. 5. Sound attenuation shall be required for major work, Sound attenuation for engine noise shall be limited to a maximum of 75 dB(A) at 23 feet when operating at full rated load, Sound proofing solution to be approved by the Project Manager. scneaule. uontractor's labor and equipment rate sheet shall list rates for designations, equipment and materials. BIDDER INFORMATION: Legal Company Name:_ Weber Water Resources CA. LLC Complete address: 2073 Railroad Street, Corona CA 92703 Phone Number: (909) 383-5837 Email Address: Authorized Sign+ Name: Don WEBER WATER RESOURCES May 25, 2021 Juan Ramirez City of Santa Ana Water Resources Production Supervisor (714)647-3377 RE: Well No 33 Chemical Application OearJuan, Weber Water is proposing the use of HCT NSF chemical. If the chemical option is needed, Weber Water would use 770 gallons of Water Solve 8C with 30-35% active peroxide equivalent to 5% of the well volume. Weber Water will mix chemical above ground and inject through a dual swab zone tool In 20-foot sections throughout the well, The well will then be brushed at a rate of 1 minute per foot. Weber Water will allow 48 hours of contact time followed by a post chemical video. Regards, Jose Villanueva (951) 215-5481 weberwaterre s ou rces.cotn Pr 909.383,5837 \ Po 909.386.1259 2073 Railroad Sirens, Carona, CA 92880 (HCT WaterSoly BC Safety Data Sheet Science s Synergy 1 1. Predtiat Idamiflei Product form Mixture Product name Watersohr SC Product code 11639 1.2. Rekwantideadmerl uses of the substance Of mixture end Uses advised against USOOfthesubstance/mixture Descaler Cleaner 1.3. DOWN of the supplier of the @atetydata Sheet HOraChemTech, LLC 7032 East Cortez Road Scottsdale, AZ 85264-5123- USA T (480) 650.6985 1A. gmagencytelephononumber Emergency number ; (480)650-6956 2.1. 0lasafgcatims of the substance or Miktore Classification (GHs-US) Ox. Llq. 1 H271 Acute Tax. 4 (Oral) H302 Acute Tax. 4(Inhalation:dust,mist) H332 Skin Corr. iS H314 Eye Dam.1 H318 Full tent of H-phrases: see section 16 2.2- Labefalamems G140-US labeling Hazard plalagmms 1> eHSe3 aHS05 aHS07 Signal word Danger Hazard statements May cause fire or explosion: strong oxidizer. Harmful if swallowed or if inhaled. Causes severe skin bums and eye damage. Causes serious eye damage. Precautionary statements Keep away from heat, hot surfaces, open flames, sparks. - No smoking. Keep/Store away from combustible materials. Take any precaution to avoid mixing with combustible materials, Do not breathe mist. Avoid breathing mist. Wash hands and forearms thoroughly after handling. 0e not eat, drink or smoke when using this product. Use only outdoors or In 9 wall -ventilated area. Weer eye protection, fees protection, protective clothing, protective gloves, Weer fire/flame resistanUretardant clothing, If swallowed: call a a POISON CENTER if you fool unwell. If swallowed: rinse mouth. Do NOT induce vomiting. If on skin (orhair): Take og immediately all contaminated clothing. Rinse skin with water/shower. If inhaled: Remove person to fresh air and keep comfortable for breathing. If in eyes: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy, to do. Continue rinsing. _._ If an clothing: Rinse immediately contaminated clothina and skin with ntanta of wmo, r.oe.... WeterSoly BC Safety Data Sheet removing clothes. ..w.. - Immediately call a POISON CENTER or doctor/physician. Call a POISON CENTER/dnctodphyslalan If you feel unwell. Specific treatment (see the emergency and first aid section of this Safety Data Sheet on this label). Rinse mouth. Wash contaminated clothing before rouse. In case of fire: Use Water spray or fog. to extinguish. In case of major fire and large quantities: Evacuate area, Fight fire remotely duo to the risk of explosion. :Store locked up. Dispose of contentslcontainerin accordance with locagregionaflnationallintemetional regulations. 2,3. Hazafd not otherwise ciasstffed.(HNOC) No additional Information available 44. Unknown acute toxicity (GHS.US) No data available Not applicable... MOTE: If Component display, the" (asterisk) symbol, the following statement apidloc) 'Chemical name, CAS number and/or exact concentration have boon withhold ae a trade secret Full text of-H-phrases: see section 13 3.2. Mixture •'Name W�--=---�._ 35 H302 lion), H332 (NOTE: If somponent displays tho "(asterisk) symbol, the following statement applies.) --- �------_. "Chomiool name, CAS number and/or exact concentration have been withhold as a trade cannot C1. Description of first aid measures - First -old measures general Never give anything by mouth to an unconscious person. If you feel unwell, seek medical advice (show the label where possible). First -aid measures after Inhalation Remove to fresh air and keep at rest In a position cornlortable forbresthing. Immediately calla POISON CENTER. or doctorlphysiolon, First-ald measures efterakin contact Removerrake Off immediately all contaminated dotting. Rinse skin v,401 watedshower; First -aid measures after eye contact Immediately call a POISON CENTER or dootorlphysician. Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing. Immediately call a POISON CM -ER or doolor/physician. First -aid measures Sher ingestion Rinse mouth, Do NOT Induce vomiting. Immediately call a POISON CENTER or doctor/physician. 4:2, Most Important Symptoms and effects, both acute and delayed Symptoms/injuries If you feel unwell, seek medical advice. Symptoms/inJudes after Inhalation Harmful if inhaled. Symptoms1111Jurlosafter skin contact Causes bums/coffosionofthe skin. Symptomslinjudos after eye contact Causes serious eye damage. Symptomslinjunos after Ingestion Harmful if swallowed. Sums to the gastdcAntestinal mucoso. 4.3. Indication of any Immediate medical attention and special treatment needed No additional information available MOM , SA, Extinguishing media Suitable extinguishing media Water spray or fog. pmduct Cad®dts3g ..�......v......._—.-- EN(Engllah �Page2af7 m WaterSoly BC Safety Data Sheet 5,2. Special ftazatBp drlsing front the substance or mixture... Fire hazard : May cause fire or expioslon; strong oxidizer, 5:% Advice for firefighters Firefighting instructions Use water spray or fog for cooling exposed bontainers. Exercise caution when fighting any chemical fire. prevent firo•gghting water from entering environment. Protection during firefighting Do not enter fire area without Proper protective a ui meet, Including respiratory Other Information l p p q p g P ry protection. No additional Information available. $.I. personal precautions, protective equipment And emergency procedures General measures Keep away from heat, hot surfaces, sparks, open games and other ignition sources, No smoking, Use special care to avoid static eiectdc charges. isolate from fire, If possible, without unnecessary dsk. 6.f.1. For non•omergoncy personnel Protective equipment Protective goggles. Protective clothing. Emergency procedures Hama retardant protective clothing. Evacuate unnocessary personnel. 13Q, For einefgencyresponders Protective equipment Equip cleanup crew with proper protection. Emergency Procedures Ventilate area, 8,2. Environmental precautions Prevent entry to sewers and public ureters, Notify authorities If liquid entors sewers or public waters, 8,8. Methods and material for containment and cleaning up For containment : Contain released substance, pump into suitable containers. Plug the leak, out oil the supply. Dilute combustibleftoxic gasesNapom with water spray. Methods for cleaning up : Seek up spills with Inert solids, ouch as clay or diatomaceous earth as moon as possible, Colleal spillage. Store Away from other materials. Wash down leftovers Win plenty of water. Wash clothing and equipment after handling, BA, Reference to other sections No additional information available 74. Precautions for safe handling' Precautions for safe handling r Do not get In eyes, on skin, or on clothing, Do not breathe mist. Ensure good ventilation of the work station. Handle and openthe container with cam. Keep away from heat, hot surfaces, sparks. open 8amas and other ignition sources. No smoking.. Observo normal hygiene standards. Provide IOCAI exhaust or general mom ventilation. Take precautionary measures Against static discharge. Use only outdoors or in a well -ventilated area. Use personal protective equipment as required. Hygiene measi ras Do not oat, drink or smoke when using this Product, Wash contaminated clothing before. reuse. Wash hands and forearms thoroughly agar handling, Wash hands and other exposed areas with mild soap and water before eating, drinking or smoking and when leaving work, 712, Conditions for safe storage, including any inompatiblhtles Technical measures Provide local exhaust or general room ventilation. Take pmesugonarymeasures against static discharge, Comply with applicable regulations. Incompatible products Strong bases. Organic materials, Incompatible materials. Combustible materials. I-Ieal-Ignition KEEP SUBSTANCE: AWAY FROM: heat sources. Ignition sources, Storage area Store in a coal,. dry well -ventilated area. Keep container tightly closed when not in use. 8.1. Control agremamrva - _ WaterSoly BC Safety Data Sheet Pemonal protective equipment Avoid all unnecessary exposure. Hand protection Eye protection Skin end body protection Respiratory protection Appropriate engineering controls Wear protectiveglaves. Chemical 90991e5 or face shield, Wear suitable Protective clothing. r Where exposure through Inhalation may occur from use, respiratory protection equipment is recommended. ht case of Insufficient ventilation, wear suitable respiratory equipment. Handle III accordance with good Industrial hygiene and safety practice, Wash hands before breaks end at the end of workday. color Colorless Odor Mild Odor threshold No data available PH 1.4-2.4 Melting point No data available FrooAng point <0 °C Boiling point > 100 °C Flash point No data available Relative evaporation rate (butyl scelste=1) No data available Flammability (solid, gas) No data available Explosive limits : No data available Vapor pressure No data available Vapor density No data available SpeoiBc Gravity( a377°F 1.128-1A48 Solubility Soluble in water. Partition Coefficient n-Cotenol-Water No dole available Auto -Ignition temperature No date available Dacomposltlon temperature No dataevailable Viscosity : No data available 9.2, Other information VOC content 0 gll � 1 ml. Reactivity No additional Information available 10.2. Chemical stability May cause its or explosion: strong oxidizer. 10.1 Possibility of hazardous reactions Reacts vigorously with strong oxidizers and bases. Contact with halogenated: compounds may liberate toxic, gas. 10.4. Conditions to "Old Heat. Open name. Sparks. Extremely high or low temperatures. 10.5. Incompatible materials Strong bases. Organic materials.. Combustible materials. Cyanide calls. Metals. 10.6. Hazardous decomposition products Oxygen. Carbon dioxide. Carbon monoxide. Sulfur oxides. Product Cndo:t1639 Page 4 of 7 "Wat@rso1v BG Safety Data Sheet Acute toxl Skin corosionnmtation Serious eye damagegmtatlon Respiratory ar skin sensitization t3erm call mutageniclty caroinogenirdy Oral. Harmful H swallowed, Inhalationauatlm)sl: Harmful f Inhaled. Causes severe skin burns and eye damage. PH:1.4 - 2A Causes serious eye damage. PH: 1.4 -2.4 Not classified Not classmed Not classified Reproductive toxicity : Not classified- SPecinc target organ toxicity (single exposure) : Not classified Spacino target organ toxicity (mpeated ; Not classified exposure) Aspiration hazard :. Not classified Symptomsdnjudes after inhalation Harmful if inhaled. Symptcrnsllnjudes after skin contact : Causes bums/corrosion of the skin. Symptcros/Injudos after eye contact :. Causes serious eye damage. Symptoms/Injurles after ingestion : Harmful if swallowed. Burns to the gastrlo/Intestinal mucosa. ML Toxicity. ... vu".VXOUIry Product Cotle:t769_....... _....-,_-.______._..�..�..,_. (English US) Pape 6 mF7 WaterSoly BC Safety Data Sheet '12A Other adverse eftepts.. No additional Information available roe. Wale treatment Methods Waste disposal recommendations Dispose or dontenls/container In accordance will' Local, State, and Federal regulations. Etiology ` waste materials Avoid release to the environment. 14.1. UN Number UN-N0,(DOT) 5Q96 Other Information No supplementary Information available 142. UNlproper shipping name DOT proper Shipping Name Hazard labels (DOT) UN3098, Oxidizing Liquid, Corrosive, N.O.S. (Hydrogen Peroxide, Glycolic Acid), 5,1 (8), poll : 6.1.Oxidizer 0-Corrosive an a 15.11 us rat regulations All components of this product are listed on the Toxic Substances Control Act (TSCA) Inventory This product or mixture does not Contain a toxic chemical or chemicals in excess of the applicable de minimis concentration as specified in 40 CPR.§3T2.38(a) subject to the reporting requirements. of section 313 of Title 111 of 5upadund Amendments and Reauthorization Act of 1986 and an [:FP PAN a» CANADA CU.Regufations No additional information available Classllloation according to lisgii"On (CC) No. 12`P21201)8 [CLPj Classification according to Diractivo 671648MEC or 1990145/EC Not classified 15.2.2. National regulations 15.8: us State regulations California Proposition 65. This product contains, or may contain, trace quantities of a substances) known to the state of California to cause cancer and/or reproductive toxicity PmductCntla;11636 EN (English U3}��--—`"'-""`""""-"""""'----------__.._ page a oF7 WaterSola BC Safety Data Sheet Abbreviations Legend: Olsolalrow ALL NON-EMVG&4ypUCSTION561i0ULDerDInECTCD 10OUSTOMEn 6EnWGC(4n0) 850•BA5.5 Revision date: 00812016 Supersedes: 05/0312016 version: 1.1 Product Code:11839 EN {Enfllish US) Page 7 aP 7 ` Dlgltallyslgned by Francine R. Francine R. Villarea)%`Ylllamat Date., 202109.0216 51:03 -D700' ACC>Ro® CERTIFICATE OF LIABILITY INSURANCE °AT9;1;2o21YYY' 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 endorsements . PRODUCER Lovitt & Touch6 A Marsh and McLennan Agency, LLC 1050 W Washington Street, Suite 233 Tempe AZ 85281 CONTACT NAME: Jackie Wants PHONE 602-956-2250 FAX -tee'-Exrl' ac "° IL ADDRESS, wants lovitt-touche.com INSURERS AFFORDING COVERAGE HAD If INSURER A: Pacific Insurance Company,p Limited 10046 INSURED _ WEBER-7 Weber Water Resources CA, LLC 1785 Container Circle INSURER B: Zurich American Insurance Company 16535 INSURER C: Travelers Property Casualty Co of Amer 25674 - INSURER D: Jurupa Valley CA 92509 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 818397192 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 R TYPE OF INSURANCE AMSUD POLICY NUMBER MMDDYEYF POLICY EYY LIMITS B X COMMERCIAL GENERAL LIABILITY Y Y GLO388901208 6/1/2021 5/1/2022 EACH OCCURRENCE $1,000,000 CLAIMS -MADE 111 OCCUR PRE -DAMAGE SES(E.occurmnca) $100,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,00D GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,CD0,000 POLICY ❑JE� LOG PRODUCTS-COMP/OPAGG $2,000,000 It OTHER: B AUTOMOBILE LIABILITY Y Y BAP388901108 511/2021 5/1/2022 COMBINED SINGLE LIMIT E. g.c 11 $1,000,000 BODILY INJURY (Par person) $ X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accldent) $ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ $ C X UMBRELLA LIAR X OCCUR Y Y ZUP15R7391721NF 5/112021 5/1/2022 EACH OCCURRENCE $10,000,000 AGGREGATE $10,00Q000 EXCESS LIAR CLAIMS -MADE DEO X I RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETORIPARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? Fq NIA Y WC388901308 - 511/2021 6/1/2022 X PER ERH' E.L, EACH ACCIDENT $1,000,000 E.L. DISEASE- EA EMPLOYEE $1,000,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below EL.DISEASE -POLICY LIMIT $1,000,000 A Pollution Liability - occurrence Y Y 13CPIGA1391 10/27/2020 5/1/2022 Per Occurrence $3,000,000 PmRsslonel- Claims Made Aggmgate Deducllbla $3,000,000 $25,000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD tent Additional Remarks Schedule, maybe attached if more space Is required) Certificate Holder and owner (If applicable) are additional insureds as respects general liability, automobile liability and excess liability if required in a written contract. Waiver of Subrogation applies to the general liability, auto liability, excess liability and workers compensation If required In a written contract. The general liability, automobile and umbrella Is primary and certificate holder's Insurance is non-contributory if required by written contract. Effective 10/27/20 Pollution limit Increased to $3,000,000 Occurrence form Effective 10/27/20 Professional Liability added $3,000,000 Claims Made form; Retro Date 10/27/20 City of Santa Ana, its officers, employees, agents and representatives are additional Insureds if agreed to in a written contract or permit as respects any and all projects. See Attached... - City of Santa Ana Risk Management Division 20 Civic Center Plaza 4th floor Santa Ana CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE zy WekMuugeprmt4hdeloR. RVAMD& APPROVED BY.. Risk Management Analyst AGENCY CUSTOMER ID: WEBER-7 LOC M A� ADDITIONAL REMARKS SCHEDULE Page 1 of AGENCY - Lovitt & Touche A Marsh and McLennan Agency, LLC NAMED INSURED Weber Water Resources CA, LLC 1785 Container Circle Jurupa Valley CA 92509 POLICY NUMBER CARRIER - NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 - FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Includes 30 notice of cancellation to certificate holder, with an exception for 10 days non payment of premium. Umbrella/ Excess policy follows form to the GL policy which Is listed as an Underlying policy to the Umbrella/ Excess yyw�_..� WekMwgemenkDMelmi REVIEWED&APPROVED BY: ACORD 101 (2008101) © 2008 ACORD C1 ----� Risk ManagementAn lyst. The ACORD name and logo are registered marks of ACORD Nguyen, Nguyet From: City of Santa Ana <certificate-request@ctrax.jdidata.com> Sent: Tuesday, October 3, 2023 15:57 To: Nguyen, Nguyet Subject: Internal Notice of Compliance NOTICE OF COMPLIANCE 4w' TV 'N'TA M t IP111A" HI PA G A. 1 A"- UDE C ERli, O,ilk THE COii:.11 11NA L Contractor Weber Water Resources CA, LLC Name: Project A-2021-161-03 Number: Project Agreement to Provide On -Call Water Well, Pump and Monitor Name: Rehabilitation and Repair Services The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: TYPE OF INSURANCE AUTOMOBILE LIABILITY GENERAL LIABILITY PROFESSIONAL - CLAIMS MADE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 10/3/2023 6:57 PM EXPIRATION POLICY NUMBER DATE BAP388901110 05/01/2024 GL0388901210 05/01/2024 PCADB50227090523 05/01/2024 WC388901310 05/01/2024 COI DATE FILE NAME 06/28/2023 Certificate.pdf 06/28/2023 Certificate.pdf 06/28/2023 Certificate.pdf 06/28/2023 Certificate.pdf 1 DATE(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 6/29/2026 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 NAME: Michelle Dickason Lovitt&Touche A Marsh and McLennan Agency, LLC PHONE FAX 8605 E. Raintree Drive, Suite 200 vC No Ext: 602-956-2250 vc,No: E-MScottsdale AZ 85260 ADDRESS: Michelle.Dickason@MarshMMA.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Berkley Assurance Company 39462 INSURED WEBER-7 INSURER B:Arch Insurance Company 11150 Weber Water Resources CA, LLC INSURERC: SiriusPoint Specialty Insurance Corp. 16820 1785 Container Circle Jurupa Valley CA 92509 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1727915494 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 SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD MM/DD B X COMMERCIAL GENERAL LIABILITY Y Y ZAGLB1058001 5/1/2026 5/1/2027 EACH OCCURRENCE $2,000,000 CLAIMS-MADE � OCCUR PREMISES DAMAGE TO PREMISES Ea occurrence) ccurrence $1,000,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY� PECOT- LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y Y ZACAT9342501 5/1/2026 5/1/2027 COMBINED SINGLE LIMIT $2,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED FIR ERTYDAMAGE $ AUTOS ONLY AUTOS ONLY Per accident C UMBRELLALIAB X OCCUR Y Y IPSEX0000001401 5/1/2026 5/1/2027 EACH OCCURRENCE $5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ $ B WORKERS COMPENSATION Y ZAWCI1078000 5/1/2026 5/1/2027 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $1,000,000 OFFICE R/M EMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Pollution Liability-Occurrence Y Y PCADB50311470526 5/1/2026 5/1/2027 Poll Each/Agg $2,000,000 Professional-Claims Made Prof Each/Agg $2,000,000 Deductible $25,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder and owner(if applicable)are additional insureds as respects general liability,automobile liability and excess liability if required in a written contract.Waiver of Subrogation applies to the general liability,auto liability,excess liability and workers compensation if required in a written contract.The general liability,automobile and umbrella is primary and certificate holder's insurance is non-contributory if required by written contract. Pollution Occurrence form Professional Liability Claims Made form; Retro Date 10/27/20 City of Santa Ana, its officers,employees,agents and representatives are additional insureds if agreed to in a written contract or permit as respects any and all projects. Includes 30 notice of cancellation to certificate holder,with an exception for 10 days non payment of premium. Umbrella/Excess policy follows form to the GL policy which is listed as an Underlying policy to the Umbrella/Excess CERTIFICATE HOLDER APPROVED ANCELLATION By Tu Tran Nguyen at 11:22 am,Jun 30,2026 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. Attn: Jaime Arias 215 S. Center St., M-85 AUTHORIZED REPRESENTATIVE Santa Ana CA 92703 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD INSURED: Weber Water Resources CA,LLC POLICY#: ZAGLB1058001 POLICY PERIOD: 05/01/2026 TO 05/01/2027 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED, AND PRIMARY AND NONCONTRIBUTORY, WHEN REQUIRED BY WRITTEN CONTRACT (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Under Section II —Who Is An Insured, Paragraph 2., the following is added: 2. Each of the following is also an insured: e. Any person or organization that you have agreed in a"written contract"to include as an additional insured on your policy provided that such person or organization has not been added as an additional insured by a separate endorsement to this policy. (1) The insurance afforded to an additional insured under this endorsement applies, only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury"as described in Paragraph (a), (b)or(c) below,whichever applies: (a) If the "written contract" specifically requires you to provide additional insured coverage to a person or organization by the use of Additional Insured — Owners, Lessees or Contractors - Scheduled Person Or Organization endorsement CG 20 10 10 01 or Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20 37 10 01,then such person or organization is an additional insured, but only with respect to liability arising out of "your work" to which the "written contract" applies; or (b) If the "written contract" specifically requires you to provide additional insured coverage to a person or organization by the use of: i. Additional Insured — Owners, Lessees or Contractors - Scheduled Person Or Organization endorsement(s) CG 20 10 07 04, CG 20 10 04 13 or CG 20 10 12 19 or Additional Insured —Owners, Lessees or Contractors - Completed Operations endorsement(s) CG 20 37 07 04, CG 20 37 04 13 or CG 20 37 12 19; or ii. Either or both of the following:Additional Insured-Owners, Lessees or Contractors — Scheduled Person or Organization endorsement CG 20 10 or Additional Insured —Owners, Lessees or Contractors —Completed Operations endorsement CG 20 37,without an edition date of such endorsement specified; Then such person or organization is an additional insured, but only with respect to liability caused, in whole or in part, by "your work"to which the "written contract" applies. (c) If the "written contract" specifically requires you to provide additional insured coverage to a person or organization and neither Paragraph (a) 00 GL1030 00 01 25 Includes copyrighted material of Page 1 of 4 Insurance Services Office, Inc.with its permission. ©2025 Arch Insurance Group Inc. nor (b) above applies, then such person or organization is an additional insured under this endorsement, but only with respect to liability for"bodily injury" or "property damage" or "personal and advertising injury" caused by "your work"to which the "written contract" applies. However, with respect to this Paragraph 2. e. (1), such person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. (2) The insurance afforded to an additional insured under this endorsement: (a) Applies only if the "bodily injury" or "property damage" occurs or the "personal and advertising injury" offense is committed: L During the policy period; ii. Subsequent to the execution of the "written contract"; iii. Prior to the expiration of the period of time that the"written contract" requires such insurance be provided to the additional insured; iv. Only to the extent permitted by law; and V. Will not be broader than that which the "written contract" requires. (3) The insurance provided to an additional insured under this endorsement is subject to the following provisions: (a) Coverage under this endorsement does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional services, including but not limited to: L The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or specifications; ii. Supervisory, inspection, architectural or engineering activities; or iii. Any actual or alleged negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured involved the rendering of or failure to render any professional service listed in Paragraph (3)(a) L or(3)(a) ii. above. (b) If the Limits of Insurance of this Coverage Part shown in the Declarations exceed the minimum limits required by the"written contract",the insurance afforded to the additional insured under this endorsement will not exceed the minimum amount of insurance required by such "written contract". (c) This endorsement shall not increase applicable limits of insurance as described in SECTION III — LIMITS OF INSURANCE. (d) The additional insured must comply with the following duties: 00 GL1030 00 01 25 Includes copyrighted material of Page 2 of 4 Insurance Services Office, Inc.with its permission. ©2025 Arch Insurance Group Inc. i. Give us written notice as soon as practicable of an "occurrence" or an offense which may result in a claim or "suit". To the extent possible, such notice should include: 1. How, when and where the "occurrence" or offense took place; 2. The names and addresses of any injured persons and witnesses; and 3. The nature and location of any injury or damage arising out of the "occurrence" or offense. ii. If a claim is made or"suit" is brought against the additional insured: 1. Immediately record the specifics of the claim or"suit"and the data received; and 2. Notify us as soon as practicable and see to it that we receive written notice of the claim or"suit" as soon as practicable. iii. Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. iv. Tender the defense and indemnity of any claim or "suit" to any provider of other insurance which would cover such additional insured for a loss we cover. However,this condition does not affect whether the insurance provided to such additional insured is primary to other insurance available to such additional insured which covers that person or organization as a named insured as described in Paragraph 4. Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS. B. The following conditions are added to Section IV— Conditions: 1. The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: a. The additional insured is a Named Insured under such other insurance; and b. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. 2. Solely for the purpose of this endorsement, the following Condition is added: 00 GL1030 00 01 25 Includes copyrighted material of Page 3 of 4 Insurance Services Office, Inc.with its permission. ©2025 Arch Insurance Group Inc. Endorsement Provisions Prevail. If there is any conflict between: a. The provisions of this endorsement; and b. The provisions of any version or edition of Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization endorsement(s) CG 20 10 or Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement(s) CG 20 37 that the "written contract" specifically requires be used for you to provide additional insured coverage to any person or organization; Then the provisions of this endorsement shall prevail. C. Solely for the purpose of this endorsement, the following definitions are added to the Definitions section: 1. "Written contract" means a written contract or written agreement that requires you to include a person or organization as an additional insured on this Coverage Part, provided that: (a) The "written contract" was executed prior to the inception of the Policy and in effect during such "bodily injury", "property damage", or"personal and advertising injury"; and (b) If the"written contract"is silent on the number of years required for"products-completed operations coverage", then such coverage will be provided for two (2) years from the date this Policy expires, cancels or terminates. All other terms and conditions of this Policy remain unchanged. Issued By: Endorsement Number: Policy Number: Named Insured: This endorsement is effective on the inception date of this Policy unless otherwise stated herein: Endorsement Effective Date: 00 GL1030 00 01 25 Includes copyrighted material of Page 4 of 4 Insurance Services Office, Inc.with its permission. ©2025 Arch Insurance Group Inc. INSURED: Weber Water Resources CA,LLC POLICY #: ZAGLB1058001 EFFECTIVE: 0 5101/2 0 2 6 EXPIRATION: 05/01/2027 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization where waiver of our right to recover is permitted by law and is required by written contract provided such contract was executed prior to the loss . Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer for injury or damage arising out of your ongoing Of Rights Of Recovery Against Others To Us operations or "your work" done under a contract of Section IV—Conditions: with that person or organization and included in the "products-completed operations We waive any right of recovery we may have hazard". This waiver applies only to the person against the person or organization shown in the or organization shown in the Schedule above. Schedule above because of payments we make All other terms and conditions of this policy remain unchanged. Endorsement Number: This endorsement is effective on the inception date of this policy unless otherwise stated herein. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Policy Number: ZACLBI058001 Named Insured: Weber Water Resources CA,LLC Endorsement Effective Date: 05/01/2026 CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 POLICY NUMBER: IICAT9342501 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: Weber Water Resources CA,LLC Endorsement Effective Date: 05/01/2026 SCHEDULE Name(s) Of Person(s)Or Organization(s): Any person or organization where waiver of our right to recover is permitted by law and is required by written contract provided such contract was executed prior to the loss . 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. ©Insurance Services Office, Inc. ©Insurance Services Office, Inc. INSURED: Weber Water Resources CA, LLC POLICY#: ZACAT9342501 POLICY PERIOD: 05/01/2026 TO: 05/01/2027 COMMERCIAL AUTO CA 04 49 11 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION 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. A. The following is added to the Other Insurance B. The following is added to the Other Insurance Condition in the Business Auto Coverage Form Condition in the Auto Dealers Coverage Form and and the Other Insurance — Primary And Excess supersedes any provision to the contrary: Insurance Provisions in the Motor Carrier This Coverage Form's Covered Autos Liability Coverage Form and supersedes any provision to Coverage and General Liability Coverages are the contrary: primary to and will not seek contribution from any This Coverage Form's Covered Autos Liability other insurance available to an "insured" under Coverage is primary to and will not seek your policy provided that: contribution from any other insurance available to 1. Such "insured" is a Named Insured under such an "insured" under your policy provided that: other insurance; and 1. Such "insured" is a Named Insured under such 2. You have agreed in writing in a contract or other insurance; and agreement that this insurance would be 2. You have agreed in writing in a contract or primary and would not seek contribution from agreement that this insurance would be any other insurance available to such primary and would not seek contribution from "insured". any other insurance available to such "insured". CA 04 49 11 16 © Insurance Services Office, Inc., 2016 Page 1 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 person or organization where waiver of our right to recover is permitted by law and is required by written contract provided such contract was executed prior to date of loss . 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 Policy No. Endorsement No. Insured Weber Water Resources CA,LLC ZAWC11078000 Premium $ Insurance Company Countersigned by WC 00 03 13 (Ed. 4-84) ©1983 National Council on Compensation insurance. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization where waiver of our right to recover is permitted by law and is required by written contract provided such contract was executed prior to date of loss Notes: 1. This endorsement may be used to waive the company's right of subrogation against named third parties who may be responsible for an injury. 2. The sentence in ( ) is optional with the company. It limits the endorsement to apply only to specific jobs of the insured, and only to the extent that the insured is required to obtain this waiver. 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 05/01/2026 Policy No. ZAWC11078000 Endorsement No. Insured Weber Water Resources CA,LLC Insurance Company Countersigned By ©Workers'Compensation Insurance Rating Bureau of California. Page 1 of 20 PERFORM CONTRACTOR'S PROTECTIVE, PROFESSIONAL, POLLUTION, CYBER, MEDIA AND MITIGATION RESPONSE POLICY NOTICE: THIS IS A CLAIMS MADE AND REPORTED POLICY (EXCEPT FOR COVERAGE C). SUBJECT TO ITS PROVISIONS, THIS POLICY(EXCEPT FOR COVERAGE C)APPLIES ONLY TO CLAIMS WHICH ARE FIRST MADE BY OR AGAINST YOU DURING THE POLICY PERIOD OR THE OPTIONAL EXTENDED REPORTING PERIOD, IF APPLICABLE, AND FIRST REPORTED IN WRITING TO US IN THOSE PERIODS OR THE AUTOMATIC EXTENDED REPORTING PERIOD. UNLESS SPECIFICALLY PROVIDED OTHERWISE, CLAIM EXPENSES ARE INCLUDED WITHIN AND REDUCE THE LIMIT OF LIABILITY, AND ARE SUBJECT TO ANY APPLICABLE SELF-INSURED RETENTION. PLEASE READ THE ENTIRE POLICY CAREFULLY. Words and phrases that appear in bold print, excluding caption headings, have special meanings that are defined in the Definitions of this Policy. The words "we,""us"and "our" mean the Insurer shown in the header of the Declarations of this Policy. The words "you" and "your"mean any person or entity described in the Definition of Insured. In consideration of the payment of the premium, and in reliance upon the statements made in the application, materials, and information provided by you, which are incorporated into this Policy, form a part hereof, and are a representation upon which this Policy has been issued, we agree with you as follows: I. INSURING AGREEMENT A. Protective Indemnity We shall indemnify you for Protective Loss on a Protective Claim as established by final judgment or settlement to which we agree in writing, in excess of collectible Recoverable Insurance, provided that: 1. the Protective Claim arises out of: a. a negligent act, error or omission in the rendering of or failure to render Professional Services; or b. a Pollution Condition resulting from the performance of Contractor Activities, by the Responsible Entity that were rendered or performed on or after the Retroactive Date and before the end of the Policy Period; and 2. the Protective Claim for such Protective Loss is first made by you during the Policy Period or Optional Extended Reporting Period, if applicable, and reported in writing by you to us during one of those periods or the Automatic Extended Reporting Period; and 3. prior to the effective date of the first policy insuring this type of Protective Claim issued to you by us, and continuously renewed by us, the Principal Personnel had no knowledge of circumstances which could give rise to Protective Loss; and 4. you made all reasonable efforts to recover your Protective Loss from the Responsible Entity. B. Professional Liability We will defend you against any Professional Claim (as provided in Section III.A. of this Policy) and pay on your behalf all Damages and Claim Expense for that Professional Claim in excess of any applicable Self- Insured Retention, provided that: 1. the Professional Claim arises out of an actual or alleged negligent act, error or omission in the rendering of or failure to render Professional Services by you, or by a Responsible Entity for whom you are legally responsible, on or after the Retroactive Date and before the end of the Policy Period; and 2. the Professional Claim is first made against you during the Policy Period or Optional Extended Reporting Period, if applicable, and reported in writing by you to us during one of those periods or the Automatic Policy Form: PERFORM-10002(11-20) Page 2 of 20 Extended Reporting Period; and 3. prior to the effective date of the first policy insuring this type of Professional Claim issued to you by us, and continuously renewed by us, the Principal Personnel had no knowledge of circumstances which could give rise to a Professional Claim. C. Contractor Pollution Liability We will defend you against any Pollution Claim (as provided in Section III.A. of this Policy) and pay on your behalf for all Pollution Loss and Claim Expense for that Pollution Claim in excess of any applicable Self- Insured Retention, provided that: 1. the Pollution Claim arises out of an actual or alleged Pollution Condition that results from the performance of Contractor Activities by you, or by a Responsible Entity for whom you are legally responsible; and 2. the Pollution Claim is for Bodily Injury or Property Damage that occurs during the Policy Period, or for Cleanup Costs for a Pollution Condition that occurs during the Policy Period, provided that: a. progressive, continuous, intermittent or indivisible Bodily Injury or Property Damage, or Pollution Condition(s) for which Cleanup Costs are incurred, shall be deemed to have occurred only on the date of first exposure to the Pollution Condition, which is: i. for Bodily Injury, the date of first exposure of any person to that Pollution Condition; or ii. for Property Damage or Cleanup Costs, the date the Pollution Condition first commenced; and b. if the date of the first exposure cannot be immediately determined to have been within this Policy Period, and you have no liability insurance incepting prior to the inception of this Policy that provides pollution liability coverage for the subject Contractor Activities (regardless of whether the insurance covers this Pollution Claim), and the Bodily Injury, Property Damage or Pollution Condition for which Cleanup Costs are incurred continues to exist during the Policy Period, the date of the first exposure shall be deemed to have occurred only on the inception date of the first policy we issued insuring you for the subject Contracting Activities for this type of Pollution Claim. No more than one policy issued by us can be applicable to the Pollution Claim; and prior to the effective date of the first policy insuring this type of Pollution Claim issued to you by us, and continuously renewed by us, the Principal Personnel had no knowledge of circumstances that could give rise to a Pollution Claim. D. Cyber Liability We will defend you against a Cyber Claim (as provided in Section III.A. of this Policy) and pay on your behalf all Damages and Claims Expense for the Cyber Claim in excess of any applicable Self-Insured Retention, provided that: 1. the Cyber Claim arises out of Contractor Activities or Professional Services performed or rendered by you, or by a Responsible Entity for whom you are legally responsible, on or after the Retroactive Date and before the end of the Policy Period; and 2. the Cyber Claim is first made against you during the Policy Period or Optional Extended Reporting Period, if applicable, and reported in writing by you to us during one of those periods or the Automatic Extended Reporting Period; and 3. prior to the effective date of the first policy insuring this type of Cyber Claim issued to you by us, and continuously renewed by us, the Principal Personnel had no knowledge of circumstances that could give rise to a Cyber Claim. E. Media and Personal Injury Liability We will defend you against any Media and Personal Injury Claim (as provided in Section III.A. of this Policy) and pay on your behalf all Damages and Claim Expense for that Media and Personal Injury Claim in excess of any applicable Self-Insured Retention, provided that: Policy Form: PERFORM-10002(11-20) Page 3 of 20 1. the Media and Personal Injury Claim arises out of an actual or alleged negligent act, error or omission in the rendering of or failure to render Professional Services, Media Activities or Information Technology Services by you, or by a Responsible Entity for whom you are legally responsible, on or after the Retroactive Date and before the end of the Policy Period; and 2. the Media and Personal Injury Claim is first made against you during the Policy Period or the Optional Extended Reporting Period, if applicable, and first reported in writing by you to us during one of those periods or the Automatic Extended Reporting Period; and 3. prior to the effective date of the first policy insuring this type of Media and Personal Injury Claim issued to you by us, and continuously renewed by us, the Principal Personnel had no knowledge of circumstances that could give rise to a Media and Personal Injury Claim. F. Mitigation We agree to pay you or on your behalf for Mitigation Cost in excess of any applicable Self-Insured Retention to mitigate or avoid a Professional Claim, Pollution Claim, Cyber Claim or Media and Personal Injury Claim that would be covered under this Policy, but has not yet been made, provided that: 1. the services or other activities you seek to mitigate or rectify were rendered or performed on or after the Retroactive Date and before the end of the Policy Period; and 2. the circumstances that would reasonably be expected to lead to such Claim are first reported in writing by you to us during the Policy Period; and 3. prior to the effective date of the first policy insuring such type of potential Claim issued to you by us, and continuously renewed by us, the Principal Personnel had no knowledge of circumstances that could give rise to a Claim; and 4. before incurring any Mitigation Cost, you demonstrate to us the reasonableness and necessity of the proposed cost in light of the projected benefit in terms of mitigating or avoiding payment under this Policy on the reasonably expected covered Claim, and we provide our prior written consent for such Mitigation Cost, such consent not to be unreasonably withheld. II. SUPPLEMENTAL COVERAGES The Limits of Liability for each of the following Supplemental Coverages are separate from the Limits of Liability for the coverages in Section I. Insuring Agreement of this Policy, and payments made under the Supplemental Coverages do not erode the Limits of Liability for those coverages. A. Litigation Attendance Reimbursement Upon written request by you, we shall reimburse you for your actual and documented loss of earnings and reasonable expenses incurred when you attend a hearing, deposition, or trial at our written request, in the course of our defending a Claim under this Policy. B. Disciplinary Proceedings Defense Expense Upon written request by you during the Policy Period, Automatic Extended Reporting Period or the Optional Extended Reporting Period, if applicable, we will select and retain counsel for you and pay such counsel's reasonable and necessary fees and expenses in defense of a disciplinary proceeding against you before a design professional or contractor licensing board first brought against you during the Policy Period or Optional Extended Reporting Period, if applicable, and arising out of either an actual or alleged negligent act, error or omission in the rendering of Professional Services or Pollution Conditions resulting from the performance of Contractor Activities, rendered or performed by or on behalf of you on or after the Retroactive Date and before the end of the Policy Period. C. Subpoena Defense Expense Upon written request by you during the Policy Period, Automatic Extended Reporting Period or the Optional Extended Reporting Period, if applicable, we will select and retain counsel for you and pay such counsel's reasonable and necessary fees and expenses to advise and represent you regarding the production of documents and during the preparation for and giving of testimony, in response to a subpoena Policy Form: PERFORM-10002(11-20) Page 4 of 20 in a proceeding other than a Claim against you or a Protective Claim, that is both first served on you and reported to us in writing during the Policy Period or the Optional Extended Reporting Period, if applicable, and arising from Professional Services or Pollution Conditions resulting from the performance of Contractor Activities, rendered or performed by or on behalf of you on or after the Retroactive Date and before the end of the Policy Period. D. ADA and FHA Defense Expense Upon written request by you during the Policy Period, Automatic Extended Reporting Period or the Optional Extended Reporting Period, if applicable, we shall select and retain counsel and pay such counsel's reasonable and necessary fees and expenses incurred when you respond to regulatory or administrative actions first brought against you during the Policy Period by a government agency under the Americans with Disabilities Act of 1990 (ADA) or the Fair Housing Act (FHA), and alleging a negligent act, error or omission in the rendering of Professional Services by or on behalf of you, provided that such Professional Services were rendered on or after the Retroactive Date and before the end of the Policy Period. E. Corporate Reputation Rehabilitation Upon written request by you, we shall pay on behalf of you the reasonable and necessary fees and expenses subsequently incurred by a public relations firm approved by us to restore your corporate reputation that is damaged as a result of a Claim that we defend under this Policy or circumstances for which we consent to the incurring of Mitigation Cost or Emergency Expense under this Policy. We have the right to require for approval of the public relations firm minimum professional certifications and qualifications (e.g., Examination for Accreditation in Public Relations, or Accredited Business Communicator from International Association of Business Communicators). F. Protective Claim Bankruptcy Litigation Expense Reimbursement Upon written request by you, we shall reimburse you for the reasonable and necessary fees and expenses of retaining bankruptcy counsel in the making of a Protective Claim arising out of Professional Services that qualifies for coverage under this Policy against a Responsible Entity who has filed for or been put into bankruptcy under the United States Bankruptcy Code, provided that the Protective Claim, at least in part, is allowed as against or results in a judgment against the Responsible Entity in your favor, which is final and no longer subject to objection or appeal. G. Building Information Modeling - Extra Expense Upon written request by you during the Policy Period, Automatic Extended Reporting Period or the Optional Extended Reporting Period, if applicable, we shall reimburse you for the reasonable and necessary additional expense payable to a third party software consulting company, not otherwise recoverable from any warrantee or guarantee, arising from loss of or damage to any information due to inherent malfunction of any software used in connection with any Building Information Modeling system purchased from a third party vendor and not modified by you or on your behalf, including but not limited to erroneous calculations or modeling, provided that the malfunction is first discovered during the Policy Period and after the system has been put to its intended use in the course of actual construction. H. Emergency Expense We will indemnify you for Emergency Expense in excess of the Self-Insured Retention, if applicable, provided that the Emergency Expense must be both incurred by you and reported to us, in writing and as soon as practicable, during the Policy Period, but no later than ten (10) days from the discovery of the Pollution Condition resulting from the performance of Contractor Activities or the expiration of the Policy Period, whichever occurs first, and provided that the Contracting Activities giving rise to the need for Emergency Expense were rendered or performed on or after the Retroactive Date and before the end of the Policy Period. III. DEFENSE, SETTLEMENT AND COOPERATION A. Defense(Coverages B, C, D and E) 1. We have the right and duty to defend you against any Claim proceeding in the United States or Canada under Coverage B, C, D or E of this Policy: Policy Form: PERFORM-10002(11-20) Page 5 of 20 a. even if groundless or false; b. with counsel of our mutual agreement; and for any Claim proceeding anywhere else in the world seeking such Damages or Pollution Loss, we shall have the right, but not the duty, to defend you against such Claim. You shall have the duty to investigate and defend such Claims, and we will treat all reasonable and necessary fees and expenses paid to others in the course of doing so as Claim Expense. 2. If you and we cannot mutually agree upon defense counsel, we shall have the final right to select defense counsel, but we then will allow for a 25% Self-Insured Retention credit, up to a maximum of $25,000 per Claim, towards the costs of having you retain your own counsel to monitor the Claim. Defense counsel selected by us will have the sole right and responsibility for defending you against the Claim. 3. In the event you are entitled by law to retain independent counsel of your choosing to defend you at our expense and you choose to do so, the attorney fee component of Claim Expense shall be limited to the average of the rates we actually pay to counsel we retain in the ordinary course of business in the defense of similar Claims in the community where the Claim arose or is being defended. In addition, we may require that the independent counsel possess certain minimum qualifications, which may include that the selected counsel have: (1) at least five years of civil litigation experience defending similar Claims; and (2) errors and omissions coverage. You further agree to require your independent counsel to provide us with information concerning the Claim in a timely manner, to respond to our requests for information concerning the Claim, and to comply with our reporting and billing guidelines. 4. We shall have no obligation to pay any Claim Expense or to defend any Claim after all applicable Limits of Liability have been exhausted by incurred amounts or by payment, or after deposit or tender of the remaining applicable Limit of Liability into court. B. Settlement and Consent(Coverages B, C, D and E) We have the right to investigate, conduct negotiations concerning and, with your written consent, settle any Claim as we deem expedient. If you refuse to consent to a settlement or compromise recommended by us and acceptable to the claimant, then our Limit of Liability under this Policy with respect to such Claim shall be reduced to the amount for which the Claim could have been settled, including all Claim Expenses incurred up to the time we made our recommendation to you. C. Settlement(Coverage A) 1. We have the right to investigate and participate in all negotiations concerning a Protective Claim. 2. You will not settle any Protective Claim for which coverage may be sought under this Policy without our written consent, which shall not be unreasonably withheld. We will not pay any Loss on a Protective Claim settled in part or whole without our consent. D. Proactive Resolution of Substantiated Protective Claim (Coverage A) If you provide us substantiation that satisfies us that the liability of the Responsible Entities and the value of your Protective Loss are not reasonably disputable and exceed all collectible Recoverable Insurance, then upon your written request, we will provide you the following proactive assistance in pursuing recovery for your Protective Loss: 1. we will consult with you in the prosecution of your Protective Claim and provide our input on strategy for the efficient resolution of the Protective Claim, 2. we will attend or otherwise participate in settlement negotiations, including mediations and settlement conferences, for the resolution of the Protective Claim; 3. we will assist you in negotiations with representatives for any Recoverable Insurance; and 4. if all of your reasonable efforts to recover your Protective Loss and the foregoing fail due to the Policy Form: PERFORM-10002(11-20) Page 6 of 20 refusal of the Responsible Entity or the representatives for Recoverable Insurance to settle your substantiated Protective Claim, we will pay the portion of your Protective Loss in excess of the available collectible Recoverable Insurance. The costs we incur in performing the activities described in Paragraphs 1. through 3., above, shall be borne by us and shall not erode the Limits of Liability described in Section VI. of this Policy. E. Your Duties (All Coverages) As a condition precedent to this insurance, in the event of any First Party Claim, Claim or reported circumstance: 1. You shall promptly forward to us all documents that you send or receive in connection with the First Party Claim, Claim or circumstance, and you will direct all inquiries regarding a Claim or circumstance to us or to our designated attorney. 2. You shall cooperate fully with us and our designees in the investigation, defense and settlement of any First Party Claim, Claim or circumstance, the conduct of suit or any other proceeding, and in securing and enforcing any right of contribution, indemnity, or other recovery that you potentially may have; such cooperation includes but is not limited to, when requested, attending any proceedings, assisting in securing evidence and obtaining the attendance and testimony of witnesses, whether in a legal proceeding or in an examination by us; and such cooperation will be without charge to us, except as provided otherwise in the Supplemental Coverage for Litigation Attendance Reimbursement. Such cooperation is agreed by us and you to be in furtherance of our common interest in the First Party Claim or Claim, such that all such communications shall be protected by all applicable privileges and protections. 3. You shall not voluntarily make any payment, assume or admit any liability, consent to any judgment, settle any First Party Claim or Claim, or incur any Claim Expense or Mitigation Cost, for which coverage may be sought under this Policy, without our prior written consent, except for Emergency Expense. We shall not be liable for any payment, assumed or admitted liability, consent judgment, settlement, or Claim Expense to which we have not consented. You shall not release or compromise any right you may have with respect to a First Party Claim or Claim without our prior written consent. We shall not be liable for any Loss attributable to a release without such consent. 4. You shall obtain our written consent before exercising any right, assuming any obligation, or making any agreement, with respect to any dispute resolution mechanism or process for a First Party Claim or Claim, including but not limited to rejecting or demanding arbitration. IV. DEFINITIONS Words stated in the singular will be construed as also being stated in the plural and vice versa. For purposes of this Policy: A. Advertising means material which promotes your products, services or business. B. Bodily Injury means physical injury, sickness, disease, building-related illness, mental anguish, emotional distress, or shock sustained by any person, including death resulting therefrom. Furthermore, Bodily Injury shall extend to include the monitoring of medical conditions. C. Claim means Professional Claim, Pollution Claim, Cyber Claim, and Media and Personal Injury Claim. D. Claim Expense means reasonable and necessary fees and costs incurred by us to investigate and defend any Claim for which coverage is provided under this Policy, including fees and costs charged by adjusters appointed by us to investigate a Claim. Claim Expense includes reasonable and necessary fees in defending such a Claim, for attorneys, investigators, arbitrators, mediators, consultants and expert testimony, as well as court and arbitration costs and expenses, but shall not include any remuneration, salaries, regular or overtime wages, benefits, fees or other payment of directors, officers, managers and employees of you or us, or fees and expenses of independent adjusters. Claim Expense also includes premiums for the covered portion of appeal bonds, attachment bonds or any similar bonds; however, we are not obligated to apply for, secure or furnish any such bond. Policy Form: PERFORM-10002(11-20) Page 7 of 20 E. Cleanup Costs means costs for the investigation, monitoring, or disposal of soil, surface water, groundwater, indoor or outdoor atmosphere or other contamination; or for cleanup, abatement, containment, capping, remediation, or correction of a Pollution Condition resulting from the performance of Contractor Activities. Cleanup Costs also includes Restoration Costs. F. Content means data, digital code, images, drawings, scents, sounds, tastes, texts or textures. G. Contractor Activities means: 1. any general construction, construction management, or environmental activity; or 2. any loading, unloading, delivery or transportation of goods, materials, products, or waste to or from any site at which the activities, described in Paragraph 1. of this Definition, are performed as long as such activity is performed by an entity that is properly licensed to deliver or transport such goods, materials, products, or waste; or 3. any operation, use, ownership, or maintenance of a land motor vehicle, off-road motor vehicle, mobile equipment, trailer, semi-trailer, watercraft, aircraft, or rolling stock in connection with the activities described in Paragraph 1. of this Definition; or 4. the use of a Non-Owned Location. Contractor Activities also includes Completed Operations. For the purpose of this Policy, Completed Operations means any of the activities described in Paragraphs 1. through 4. of this Definition that have been completed, including materials, parts or equipment furnished in connection with such work or operations. H. Cyber Claim means a written demand, demand for arbitration or mediation, or suit, made against you seeking money or services due to a Cyber Security Breach. I. Cyber Security Breach means any of the following circumstances: 1. the failure to prevent the introduction or transmission of a computer virus or any other malicious code, but only if such computer virus or malicious code affects the data, software, firmware, systems or networks of your clients; 2. the failure to provide your clients with access to your website, or your computer or communications network, when your clients have authorized use of your website, or your computer or communications network; 3. failure to prevent unauthorized access to, or use of, data, software, firmware, systems or networks containing private or confidential information of your client; 4. the destruction, deletion or corruption of your client's electronic data; or 5. failure to prevent the theft, unauthorized or illegal disclosure or loss of your client's information listed below: a. an individual, natural person's private Content, or b. commercial confidential information that resides in or on your hardware devices or data systems, including such information stored on your computer infrastructure system including cloud, remote servers at a co-location or data hosting services or any other data storage not in insureds direct control. J. Damages mean any amounts you are legally obligated to pay. K. Emergency Expense means reasonable and necessary expense, incurred by you, on an emergency basis, to contain, control, mitigate or rectify a Pollution Condition resulting from the performance of Contractor Activities that is an imminent and substantial endangerment to public health, safety or welfare, or the environment, where the absence of such emergency action being undertaken without delay, further harm to third parties or the environment is imminent. Policy Form: PERFORM-10002(11-20) Page 8 of 20 L. First Party Claim means a Protective Claim and any other request of us by you for Mitigation Cost or for sums arising out of any of the insuring agreements described in the Supplemental Coverage Section of this Policy. M. Information Technology Products means a computer or telecommunication hardware or software product or other electronic product that is used, created, developed or manufactured by or for you, including software updates, service packs and other maintenance releases for such products. N. Information Technology Services means: 1. Consulting on, design of, development of, analysis of, integration of, interface of, modification of and programming of software, hardware, networks, telecommunication systems and electronic or digital devices performed by you or on your behalf for your clients; 2. installation of, training in the use of, support of, servicing of, maintenance of, repair of your Information Technology Products, 3. marketing of, selling of, licensing of and distribution of Information Technology Products; 4. storage of, warehousing of, mining of and processing of data by you; 5. managing, operating, administering and hosting Information Technology Products for your clients; or 6. activities performed on your website(s); but shall not mean Information Technology Products. O. Insured means: 1. the Named Insured; or 2. any fully owned subsidiary corporations or subsidiary limited liability companies of the Named Insured, of any tier, in the past, as now constituted or hereafter constituted, subject to the limitations in Paragraph 9. of this Definition for the newly acquired or formed entities described therein; or 3. any present or former partner, director, officer, manager, member, shareholder, principal, trustee, or employee of the Named Insured solely while acting on behalf of the Named Insured, but this Paragraph 3. shall not make any entity an Insured solely because of its participation with the Named Insured in a legal entity such as a joint venture or limited liability company; or 4. any Insured with regard to its participation in a legal entity, including a joint venture or limited liability company, but solely for the Named Insured's legal liability arising out of the performance of Professional Services, Contractor Activities, Media Activities or Information Technology Services under the respective legal entity, and such legal entity itself, or any other entity other than an Insured that is part of the legal entity, are not Insureds; or 5. with regard to Coverage C only, any client of the Named Insured, or other entity or person, that the Named Insured is obligated to name as an additional insured on this Policy pursuant to a written contract, agreement, or permit, executed prior to when the Pollution Claim was first made, and solely as respects Pollution Conditions resulting from the Named Insured's performance of Contractor Activities; or 6. any entity which is specifically identified as an Insured in the Declarations or by endorsement to this Policy; or 7. the estate, heirs, executors, shareholders, administrators or legal representatives of an Insured in the event of such Insured's death, incapacity, or bankruptcy, or the spouse or legal domestic partner of any Insured, but only to the extent such Insured would otherwise be provided coverage under this Policy while acting solely on behalf of the Named Insured; or 8. any prior entity that has been reported to us prior to when the First Party Claim or Claim was first made and whose assets, partners, principals, or shareholders were acquired by the Named Insured, and for which the Named Insured is required to provide liability insurance under a written contract or Policy Form: PERFORM-10002(11-20) Page 9 of 20 agreement executed before the First Party Claim or Claim was first made; or 9. any entity newly formed or acquired by the Named Insured during the Policy Period in which the Named Insured has more than 50% legal or beneficial interest and over which the Named Insured exercises management or financial control and has agreed in writing to provide insurance for such entity prior to the First Party Claim or Claim being made. However: a. coverage will only be provided for First Party Claims or Claims arising out of Professional Services, Contractor Activities, Media Activities or Information Technology Services performed on or after the date of formation, acquisition, or exercised financial or management control; and b. this coverage will expire within 90 days for such entity, or the end of the Policy Period, whichever is earlier, unless the Named Insured provides written details of such newly acquired entity to us and pays the additional premium requested by us, if any. P. Insured Contract means: 1. a contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you, or temporarily occupied by you,with permission of the owner is not an Insured Contract; or 2. a sidetrack agreement; or 3. any easement or license agreement; or 4. an obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; or 5. an elevator maintenance agreement; or 6. that part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for Bodily Injury, Property Damage, or Pollution Loss to a third party or organization. This section does not include that part of any contract or agreement that indemnifies an architect, engineer, or surveyor for injury or damage arising out of: a. Preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or b. Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. For the purpose of this section, tort liability means only that liability that would be imposed by law in the absence of any contract or agreement. Any assumption of liability beyond that of tort liability specified in this Paragraph 6. shall not be considered to be part of the Insured Contract. Q. Loss means Protective Loss, Third Party Loss, Mitigation Cost and any other amount to which you are entitled under any of the insuring agreements described in the Supplemental Coverages Section of this Policy. R. Media Activities means Media Communications or the gathering, collection, or recording of Media Material for inclusion in any Media Communications in the ordinary course of your business. S. Media and Personal Injury Claim means a written demand, demand for arbitration or mediation, or suit, made against you seeking money or services due to a Media and Personal Injury Offense. T. Media and Personal Injury Offense means: 1. Infringement of copyright, piracy, plagiarism or misappropriation or unauthorized use of ideas shared with you in the course of services for your client; 2. Infringement of trade secrets, domain name, title or slogan, or the dilution or infringement of trademark Policy Form: PERFORM-10002(11-20) Page 10 of 20 or service mark; 3. act, error or omission regarding the Content of any Media Communication, including harm caused through any reliance or failure to rely upon such Content, 4. Misappropriation of trade secret; 5. Defamation, libel, slander, product disparagement, trade libel, or other tort related to disparagement or harm to the reputation or character of any person or organization; 6. Invasion or interference with the right to privacy or of publicity; 7. Misappropriation of any name or likeness for commercial advantage; 8. False arrest, detention or imprisonment or malicious prosecution; or 9. Invasion of or interference with any right to private occupancy, including trespass, wrongful entry, eviction or eavesdropping. U. Media Communications means the display, broadcast, dissemination, distribution or release of Media Material to the public by you. V. Media Material means information in the form of words, sounds, numbers, images or graphics in electronic, print or broadcast form, including Advertising, but does not mean computer software or Content. W. Mediation means the non-binding facilitation by a neutral third party of First Party Claim or Claim resolution. X. Mitigation Cost means reasonable and necessary fees or direct costs incurred to mitigate or rectify Professional Services, Contractor Activities, Media Activities or Information Technology Services that would reasonably be expected to give rise to a Claim covered by this Policy, provided such fees and direct costs are incurred prior to any Claim. In the event of a Cyber Security Breach, Mitigation Costs include costs we incur to engage a qualified firm on your behalf to: 1. investigate the Cyber Security Breach, 2. notify any parties affected by the Cyber Security Breach; 3. perform credit monitoring service for your clients' individual personal data or your clients' corporate data lost because of the Cyber Security Breach; and 4. restore or recreate, if possible, any of your clients' lost data caused by the Cyber Security Breach. Your fees or direct costs may be treated as Mitigation Cost only with our prior written consent, which consent shall not be unreasonably withheld. Mitigation Cost does not include any fees or direct costs relating to or resulting from Emergency Expense; betterment; or the failure to prevent or detect faulty workmanship. Y. Named Insured means the individual, partnership, entity, firm, or the company named in Item 1. of the Declarations. Z. Natural Resource Damage means physical injury to or destruction of(including the resulting loss of value) land, fish, wildlife, biota, air, water, groundwater, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States (including the resources of the fishery conservation zone established by Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. § 1801 et. seq.)), any State or Local government, any Foreign government, any Native American tribe or, if such resources are subject to a trust restriction on alienation, any member of a Native American tribe. AA.Non-Owned Location means: Policy Form: PERFORM-10002(11-20) Page 11 of 20 1. real property rented, leased or managed by you, including temporary job site offices, but only if such real property is utilized on a temporary basis for the storage of goods, materials, equipment, products or wastes for the purpose of performing the activities, described in Paragraphs 1. through 3. in Definition G. Contractor Activities, for a client; or 2. any location used for the treatment, storage, recycling or disposal of your waste material provided that: a. the waste material is generated or removed while performing activities, described in Paragraphs 1. through 3. in Definition G. Contractor Activities, for a client; and b. the location is not managed, operated, owned or leased by you or any of your subsidiaries or affiliates with the exception of any location that is managed, operated, owned or leased solely by one or more persons or organizations that are Insureds only by reason of Paragraph 5. in Definition O. Insured; and c. the location is permitted or licensed by any Federal, State, Local or Provincial authorities to accept such material as of the date of the treatment, storage, recycling or disposal. BB.Policy Period means the period from 12:01 a.m. on the effective date of this Policy as set forth in Item 3. of the Declarations, to 12:01 a.m. on the earliest of the date of the expiration date of this Policy as set forth in Item 3. of the Declarations or any earlier termination date if this Policy is cancelled. CC.Pollution Claim means the assertion of a legal right alleging liability or responsibility on your part, including but not limited to lawsuits, petitions, arbitrations or other alternative dispute resolutions, and public agency directives, made against you, for Pollution Loss arising out of a Pollution Condition resulting from otherwise insured Contractor Activities. DD.Pollution Condition means the actual or alleged discharge, dispersal, release, seepage, migration, growth or escape of smoke, soot, fumes, acids, alkalis, toxic chemicals, mold, mildew, spores, fungi, microbes, bacteria, legionella pneumophila, asbestos, lead, silica, silt, sediment, liquids, gases, waste materials, contaminants, organic or inorganic pollutants, electromagnetic fields, hazardous substances, hazardous materials, waste materials including medical, infectious, and pathological wastes, or other irritants, into or upon land, any structure on land, the indoor or outdoor atmosphere, any watercourse, or any body of water, including groundwater. Waste materials include materials to be recycled, reconditioned or reclaimed. Radioactive matter shall also be considered a pollutant, except as otherwise covered or protected by insurance or protections provided pursuant to 42 U.S.C. § 2014(w), as amended, or Section 170 of the Atomic Energy Act of 1954, as amended. EE. Pollution Loss means any amounts you are legally obligated to pay for Bodily Injury, Property Damage or Cleanup Costs. FF. Principal Personnel means the directors, officers, principals, partners, insurance and risk managers, and those persons responsible for your environmental or legal affairs for the Named Insured. GG.Professional Claim means a written demand, demand for arbitration or mediation or suit made against you seeking Damages or correction of Professional Services and alleging a negligent act, error or omission in the rendering of or failure to render Professional Services. HH.Professional Services means: 1. Construction Management, Program Management, Project Management, Owner's Representation, Property Management, Real Estate Brokerage/Agency, Property Development, Lease Brokering, any delegated design responsibility or design assist services, including but not limited to constructability reviews or value engineering; or 2. architecture; engineering; contract administration as part of design; sprinkler design; fire protection design; life safety design; mechanical, electrical or security systems design; light use, acoustical or signage design; landscaping design; surveying; quantity surveying; project accounting, quality control reviews, assist or documentation, material testing; cost consulting, economic, feasibility, technical consulting or technical studies or opinions, or scientific reviews; software design for the purpose of operating or maintaining any building system; interior design or space planning services; or design services to support Leadership in Energy and Environmental Design (LEED) certification for a project; or Policy Form: PERFORM-10002(11-20) Page 12 of 20 3. professional services with respect to any Building Information Modeling (BIM) systems, including but not limited to modification, alteration, transfer, protection, manipulation, use, or misuse thereof, or design assist system or program, and the foregoing within Integrated Project Delivery (IPD), Public- Private Partnership projects (P3s), or Lean Project Delivery System (LPDS); or 4. environmental consulting, environmental engineering, environmental site assessment, remedial investigations, feasibility studies, remedial design, environmental monitoring, testing and sampling, remedial oversight and management, ecological studies, environmental training, industrial hygiene, forensic inspections and expert witness services; or 5. ordinary technology services utilized in the performance of the Professional Services described above. Such technology services include the design, development, programming, analysis, training, use, hosting, management, support, and maintenance of any software, database, internet service, or website. II. Property Damage means: 1. physical injury to or destruction of tangible property, including resulting loss of use thereof; or 2. loss of use of tangible property that has not been physically injured or destroyed; or 3. diminution of property value; or 4. Natural Resource Damage. JJ. Protective Claim means written demand, demand for arbitration or mediation or a suit instituted by you against the Responsible Entity seeking a remedy and alleging liability or responsibility on the part of such Responsible Entity arising from: 1. a negligent act, error or omission in the rendering of or failure to render Professional Services; or 2. a Pollution Condition resulting from the performance of Contracting Activities. Protective Claim does not include a demand or proceeding for non-monetary or injunctive relief. KK.Protective Loss means: 1. any amounts you are legally entitled to recover; or 2. in the event the Protective Claim is made against a Responsible Entity in whose favor you have granted a Limitation of Liability permitted by this Policy, any amounts you would have been legally entitled to recover in the absence of such Limitation of Liability,- from each Responsible Entity: 1. due to a negligent act, error or omission in the rendering of Professional Services; or 2. for Bodily Injury, Property Damage or Cleanup Costs due to a Pollution Condition. In the event that multiple Responsible Entities cause the same or related loss, the amount of Protective Loss shall not exceed the single loss caused by such multiple Responsible Entities. LL. Recoverable Insurance means the lesser of either Item 1. or 2. below: 1. all liability insurance applicable to the Professional Services or Pollution Condition from which the Protective Claim arises and providing such applicable coverage to any Responsible Entity or any person or entity for which the Responsible Entity is responsible; or 2. in the event the Protective Claim is made against a Responsible Entity in whose favor you have granted a Limitation of Liability permitted by this Policy that is applicable to the Protective Claim, such Limitation of Liability. MM. Responsible Entity means those persons or entities, retained by you or on your behalf, rendering Professional Services or Contractor Activities. NN.Restoration Costs means the reasonable and necessary costs incurred by you, with our prior written Policy Form: PERFORM-10002(11-20) Page 13 of 20 consent, to repair, replace, or restore real or personal property to substantially the same condition it was prior to being damaged during work performed in the course of incurring Cleanup Costs. Restoration Costs do not include costs associated with improvements or betterments. OO.Retroactive Date(s) means the date(s)set forth in Item 6. of the Declarations. PP.Third Party Loss means the total of all Damages and Pollution Loss you are legally obligated to pay, and all related Claim Expense. V. EXCLUSIONS We will not be liable to make payments or indemnify you for any First Party Claim, Claim or Loss directly or indirectly for or arising out of: A. any amounts incurred in connection with the making or prosecution of a Protective Claim. This Exclusion applies at all times, including where we are providing Proactive Resolution of Substantiated Protective Claim under Section III.D. of this Policy, excepting only the Supplemental Coverage for Protective Claim Bankruptcy Litigation Expense Reimbursement. B. the amount of any default judgment, arbitration award or adjudicator's decision in circumstances where the Responsible Entity has failed to plead or provide a defense, response or answer, or take any other procedural step, except that this Exclusion shall not apply to the amount of Protective Loss which you would have been entitled to recover from the Responsible Entity, respectively, had such defense, response or answer been pleaded or provided, or procedural step been taken. In such instance where the Responsible Entity has failed to plead or provide a defense, response or answer, or take any other procedural step, the burden of proving the extent of Protective Loss which you would have been entitled to recover from the Responsible Entity, respectively, will be upon you. C. any design or manufacture of any goods or products which are sold or supplied by you or by anyone under license to you, including any parts, components, assemblies or equipment installed or incorporated by or on behalf of you into your work. This Exclusion does not apply to (1) software sold or supplied by you in connection with your provision of other Professional Services, or (2) goods or products installed or incorporated in your work which have been specially designed, but not manufactured, by you or on your behalf by a qualified Responsible Entity for use in a specific project, or (3) goods or products installed or incorporated in your work that cause a Pollution Loss arising out of a Pollution Condition resulting from the performance of Contractor Activities, or(4) Information Technology Products. D. the cost to repair or replace faulty workmanship in any construction, erection, fabrication, installation, assembly, or manufacturing process, including materials, parts, or equipment furnished in connection therewith, unless the faulty workmanship is caused by otherwise covered Professional Services as respects the applicability of: 1. Coverages A or B; or 2. Mitigation Cost to mitigate or rectify Professional Services under Coverage F, except for any fees and direct costs relating to or resulting from the failure to prevent or detect faulty workmanship. This Exclusion does not apply to Coverages C, D, E, Mitigation Cost to mitigate or rectify a Pollution Condition resulting from the performance of Contractor Activities under Coverage F, or Supplemental Coverage H. Emergency Expense. E. any actual or alleged harassment, humiliation, discrimination, or similar misconduct on any basis, whether as to a legally protected group or otherwise. F. any employment obligations, decisions, conduct, practices or policies as an employer, including but not limited to any obligation for which any party shall be liable under any worker's compensation, unemployment compensation, employer's liability, obligation to pay fair wages or benefits, or disability benefits law or under any similar law. G. liability under contract, agreement, warranty or guarantee, except such liability that would have existed in the absence of such contract, agreement, warranty or guarantee. This Exclusion extends to any contractual obligation to make payments to others, including subcontractors, subconsultants, or their employees, or for materials. Solely for purposes of Coverage C, this Exclusion shall not apply to liability of Policy Form: PERFORM-10002(11-20) Page 14 of 20 others assumed under an Insured Contract. This Exclusion shall not apply to that portion of a contract that sets forth the Insured's participation in a legal entity that is insured under Definition 0.4. of this Policy. H. any fraudulent, criminal, dishonest, intentionally or knowingly wrongful, or malicious act, error, or omission, or those of an inherently harmful nature, except that this Exclusion shall not apply to a Claim against you if you did not commit, participate in, or have knowledge of such conduct. I. taxes; criminal fines; criminal penalties; or liability for liquidated damages you or the Responsible Entity would not have had in the absence of the agreement for liquidated damages. J. any return, withdrawal or reduction in contractor charges; any equitable obligation, including restitution, disgorgement, or the costs of complying with injunctive relief; or the time and expense in addressing or resolving an actual or potential First Party Claim or Claim. K. any conduct by an individual, corporation, partnership, or joint venture of which you are a partner, director, officer, member, participant, or employee that is not designated in the Declarations or by endorsement as an Insured. This Exclusion shall not apply to conduct by an entity for which the Insured's participation is insured under Definition 0.4. of this Policy. L. First Party Claims or Claims made by any Insured against any other Insured. However, this Exclusion shall not apply as respects Claims made by any entity or person only qualifying as an Insured under Paragraph 5. of the Definition of Insured in this Policy. M. Claims against you made by, or Protective Claims by you made against, any individual or entity, or its subrogees or assignees: 1. that wholly or partially owns, controls or operates you; or 2. in which you have an ownership interest in excess of twenty-five percent(25%); or 3. that is controlled or operated by you; or 4. in which you are an officer or director; or 5. that is an affiliate of you, where you both are ultimately owned in excess of twenty-five percent(25%), directly or indirectly, by the same entity. With respect to Items 2., 3., and 4. above, this Exclusion shall be limited when the Claim or Protective Claim is made by a formal joint venture partnership of which you are a participant to your percentage of ownership interest in the joint venture, so that we shall only be responsible for that portion of Third Party Loss or Protective Loss that is the difference between your percentage of ownership interest and the total joint venture ownership interest percentage. N. Bodily Injury or Property Damage arising out of construction means, methods or techniques; site safety; crane erection, use, maintenance or operation; scaffolding; or demolition, but solely for the purposes of Coverage B, and for the purposes of Coverages A and F with respect to obligations arising from Professional Services. O. any Loss caused by or resulting from war, invasion, hostilities, acts of foreign enemies, civil war, rebellion, insurrection, military or usurped power, martial law, or confiscation by order of any government or public authority. P. any Protective Loss or Pollution Loss resulting from: 1. the discovery of a Pollution Condition on, at or under the Non-Owned Location; or 2. a Pollution Condition on, at, under or migrating from a Non-Owned Location, for which the owner of the Non-Owned Location becomes legally obligated to pay unless such Pollution Loss results from the performance of the activities described in Paragraphs 1. through 3. of Definition G. Contractor Activities. Q. for purposes of Coverages D and E, the loss, theft, destruction, transfer, misappropriation, or any misuse of any of your employees' personal data, confidential information or other private Content, including but not limited to social security numbers, phone numbers, family names, family history, or home or medical information. Policy Form: PERFORM-10002(11-20) Page 15 of 20 R. any Professional Services, Contractor Activities, Media Activities, or Information Technology Services that constitute violations of either the laws of the United States or any jurisdiction in which they were performed, including U.S. economic, trade sanction or export control laws administered by the U.S. Treasury, State and Commerce Departments (e.g., the economic and trade sanctions administered by the U.S. Treasury Office of Foreign Assets Control), or the U.S. Controlled Substances Act or similar laws in the subject jurisdiction. Additionally, we shall not be required to provide any coverage, pay any Claim or First Party Claim, or provide any other benefit hereunder to the extent that provision of such coverage, payment of such Claim or First Party Claim or provision of such other benefit would be in violation of any trade or economic sanctions laws or regulations applicable in our jurisdiction of domicile or with which we are legally obligated to comply. VI. LIMITS OF LIABILITY AND SELF-INSURED RETENTION A. Limits of Liability 1. Limit of Liability Each Claim or First Party Claim: Our Limit of Liability for the sum of all Loss for each single Claim or First Party Claim to which this Policy applies shall not exceed the amount stated in Item 4.A. of the Declarations specified for each applicable coverage provided by this Policy. 2. Limit of Liability in the Aggregate for Each Coverage for the Policy: Our Limit of Liability for all Loss under each respective coverage provided by this Policy shall not exceed the amount stated in Item 4.13. of the Declarations for such coverage for the Policy. 3. Limit of Liability in the Aggregate for All Coverages Described in Section I. of this Policy for the Policy: Our Limit of Liability for the sum of all Loss arising out of all Claims or First Party Claims under the coverages described in Section I. provided by this Policy shall not exceed the amount stated in Item 4.C. of the Declarations for the Policy. B. Self-Insured Retention The Self-Insured Retention amount stated in Item 5.A. of the Declarations applies to each Claim or First Party Claim, if applicable. The Self-Insured Retention amount stated in Item 5.13. of the Declarations is the most you shall pay for the sum of all of your Self-Insured Retention obligations arising out of all Claims or First Party Claims under each respective coverage for the Policy, if applicable, provided that in no event shall your Self-Insured Retention obligation be less than the amount stated in Item 5.C. of the Declarations for any Claim or First Party Claim under each respective coverage. The Self-Insured Retention amount shall be paid by you before we pay any Loss, though any payments made by any Recoverable Insurance also implicated by the Claim or First Party Claim shall serve to reduce your Self-Insured Retention obligation. Our Limits of Liability set forth in Item 4. of the Declarations are in addition to and in excess of the Self-Insured Retention amount. No Self-Insured Retention amount shall apply with respect to the Supplemental Coverages provided by the Policy, except for Supplemental Coverage H. Emergency Expense. If a Claim arising out of the same set of circumstances for which we have paid Mitigation Cost is made, then any amounts paid under the Self-Insured Retention for such Mitigation Cost shall reduce the Self-Insured Retention for that Claim. Mediation Credit: If you and we agree beforehand to attempt to resolve a Claim or First Party Claim at Mediation, and if you and we resolve such Claim or First Party Claim by such Mediation, your Self- Insured Retention obligation for such Claim or First Party Claim will be reduced by 50%, subject to a maximum reduction of$25,000. VII. MULTIPLE INSUREDS The number of Insureds covered by this Policy shall not operate to increase the Limit of Liability specified in the Declarations, notwithstanding any other provision of this Policy. Vill. MULTIPLE CLAIMS Two or more Claims or First Party Claims arising out of one or more acts, errors, omissions, incidents, events, or Pollution Conditions, or a series thereof, that are related (either causally or logically), will be considered a single Claim or First Party Claim subject to: A. a single Each Claim or First Party Claim Limit of Liability; and Policy Form: PERFORM-10002(11-20) Page 16 of 20 B. a single Self-Insured Retention (if applicable); and shall not operate to increase our Limits of Liability. All such Claims or First Party Claims treated as a single Claim or First Party Claim, whenever made, shall be considered first made on the date the earliest such Claim or First Party Claim was first made, and only a Policy providing coverage for the earliest Claim or First Party Claim shall have any coverage for such Claims or First Party Claims. If more than one Coverage applies to the whole or a part of a Claim treated as a single Claim pursuant to this Section VIII., then the Each Claim Limit of Liability for the entirety of that single Claim and the applicable Self- Insured Retention for that single Claim shall be those set forth in Items 4.A. and 5., respectively, of the Declarations for the applicable Coverage with the largest Each Claim Limit of Liability. If more than one applicable Coverage has the same Each Claim Limit of Liability, but have different Self-Insured Retentions, then the largest Self-Insured Retention shall apply to that single Claim. IX. EXTENDED REPORTING PERIOD A. Automatic Extended Reporting Period If we or you do not renew this insurance with a renewal policy issued by us for any reason, other than after cancellation pursuant to Section A.G. Cancellation and Termination, you shall be entitled to a period of sixty (60) days from the date of policy termination to report a Claim (except for a Pollution Claim) or First Party Claim which is made by or against you prior to such termination date. This Automatic Extended Reporting Period may not be canceled by you and does not require the payment of an additional premium. This Automatic Extended Reporting Period shall be included within the Optional Extended Reporting Period if such is purchased. The Automatic Extended Reporting Period shall not serve to increase or reinstate the Limits of Liability set forth in the Declarations. The Aggregate Limit of Liability for the Automatic Extended Reporting Period shall be the amount of coverage remaining in this Policy's aggregate liability limit set forth in the Declarations. B. Optional Extended Reporting Period If we or you do not renew this insurance with a renewal policy issued by us for any reason, other than after cancellation pursuant to Section A.G. Cancellation and Termination, and if the total premium for this Policy has already been paid in full, then you shall have the option to pay an additional premium and extend the period by which a Claim (except for a Pollution Claim) or First Party Claim can be first made by or against you and reported to us. The premium for the Optional Extended Reporting Period shall be: (1) 100% of the annual premium for twelve (12) months of extension; (2) 150%for twenty-four (24) months of extension; or (3) 200%for thirty- six(36) months of extension. The purchase of an Optional Extended Reporting Period shall not be effective unless endorsed herein. Your option to purchase the Optional Extended Reporting Period must be exercised by notice in writing to us no later than sixty (60) days after the termination date of this Policy. Effective notice must indicate the total Optional Extended Reporting Period desired and must include payment of premium for such period. If such notice and premium are not mailed to us within such sixty (60) days, then you are not entitled to purchase an Optional Extended Reporting Period at a later date. If purchased pursuant to the preceding paragraph, the Optional Extended Reporting Period shall commence upon the termination of the Policy Period. The Automatic Extended Reporting Period shall not apply after the termination of the Optional Extended Reporting Period. At the commencement of any Optional Extended Reporting Period, the entire premium shall be deemed fully earned. In the event you terminate the Optional Extended Reporting Period before its term for any reason, we shall not be obligated to return any portion of the premium. Although the period during which a Claim (except for a Pollution Claim) or First Party Claim can be reported to us is extended by virtue of the Optional Extended Reporting Period, this fact shall not in any way increase or reinstate the Limits of Liability of this Policy. The Optional Extended Reporting Period shall not serve to increase or reinstate the Limits of Liability set forth in the Declarations. The Aggregate Limit of Liability for the Optional Extended Reporting Period shall be the amount of coverage remaining in this Policy's aggregate liability limit set forth in the Declarations. X. REPORTING A. Reporting a Claim or First Party Claim Policy Form: PERFORM-10002(11-20) Page 17 of 20 As a condition precedent to coverage under this Policy, in the event of a Claim or First Party Claim, you must do the following: 1. Report the Claim or First Party Claim to us in writing as soon as reasonably possible, which (except for a Pollution Claim) must be during the Policy Period, the Automatic Extended Reporting Period, or during any applicable Optional Extended Reporting Period. Reporting should be sent to us at the address stated in the Claims Notice attached to this Policy; and 2. Promptly provide a copy of the Claim or First Party Claim, if in writing, and specify in the report: the names and addresses of the Insured reporting the Claim or First Party Claim, the persons or entities making the Claim or First Party Claim, and the persons or entities against whom the Claim or First Party Claim is made; when the Claim or First Party Claim was made; the subject of the Claim or First Party Claim; and any other relevant facts or allegations known to you. B. Reporting a Circumstance If during the Policy Period, you become aware of a circumstance that may reasonably be expected to give rise to a Claim or First Party Claim which may be covered under the Policy, and if you, during the Policy Period, provide a written report to us at the address stated in the Claim Notice attached to this Policy of the circumstance as soon as practicable containing particulars sufficient to identify you and all reasonably obtainable information with respect to: 1. when and how you first became aware of such circumstance; 2. any act, error, omission asserted or believed to be at issue; 3. the services or activities involved in the circumstance; 4. what happened and the dates and entities involved; and 5. the nature of any alleged or potential Loss; then any Claim (except for a Pollution Claim) or First Party Claim arising out of such circumstance shall be deemed to have been made on the date we received the written report of the circumstance. At our sole discretion and cost, we may elect to investigate any circumstance which is reported; any such costs associated with the investigation of a circumstance prior to a Claim being made against you will not be considered Claim Expense, will not reduce the applicable Self-Insured Retention and shall be paid by us in addition to the Limit of Liability. XI. CONDITIONS A. Territory The coverage afforded by this Policy applies worldwide. B. Audit and Inspection Upon reasonable prior notice, we shall be permitted to audit your final books and records at any time during the Policy Period, the Automatic Extended Reporting Period, the Optional Extended Reporting Period, if applicable, and within three years after the final termination of this Policy, as far as they relate to the subject matter of this Policy. We shall also be permitted to inspect, sample, and/or monitor your operations on a continuing basis. Neither our right to make inspections, sample, and/or monitor, nor the actual undertaking thereof, nor any report thereon shall constitute an undertaking, on behalf of us or others, to determine or warrant that your operations are safe, healthful, conform to acceptable practice, or are in compliance with any law, rule, or regulation. C. Subrogation In the event of any payment under this Policy, we shall be subrogated to all of your rights of recovery thereof. You shall execute and deliver all requested instruments and papers in furtherance of such rights to us and do whatever else is reasonably necessary to secure such rights. You shall do nothing to waive or prejudice such rights. We shall have priority in any recovery, and any amounts recovered in excess of our total payment and the cost to us of recovery shall be paid to you. However, we waive our rights of subrogation under this Policy,to the extent such a waiver is required by a written contract with you executed prior to the Claim, against any of the following that is not a Responsible Entity: your clients, their parents or other affiliates,and your client's designees; and your co-participants in an entity for which your Policy Form: PERFORM-10002(11-20) Page 18 of 20 participation is insured under Definition 0.4. of this Policy. For Coverage A only,we will not subrogate against a Responsible Entity in excess of its collectible insurance, provided it has maintained Recoverable Insurance, regardless of whether or not such Recoverable Insurance is exhausted or reduced. D. Changes None of the provisions of this Policy will be waived, changed, or modified except by written endorsement issued by us to form a part of this Policy. Notice to any of our agents or knowledge possessed by any such agent or any other person will not act as a waiver or change in any part of this Policy and will not prevent us from asserting any rights under the provisions of this Policy. E. Action Against Us Only you can make claims against us under Coverages A and F, and the Supplemental Coverages, of this Policy. No action shall be taken against us with respect to Coverage A unless, as a condition precedent thereto, you shall have fully complied with all the terms of this Policy, and until the amount the Responsible Entity is legally obligated to pay shall have been finally determined either by judgment after actual contested trial or arbitration, or other method of dispute resolution for which we have given prior written approval. No action shall be taken against us with respect to Coverage B, C, D or E unless, as a condition precedent thereto, you shall have fully complied with all the terms of this Policy, and until the amount you are legally obligated to pay shall have been finally determined either by judgment after actual contested trial or arbitration, or other method of dispute resolution for which we have given prior written approval. No person or organization shall have any right under this Policy to join us in any action against you. No Responsible Entity shall be an Insured under this Policy. F. Assignment of Interest It is agreed that the insurance provided herein and your interests hereunder cannot be transferred or assigned to another party without our express written consent. G. Cancellation and Termination 1. The premium paid for this Policy shall be fully earned in the first twelve months of the Policy Period. 2. This Policy may only be cancelled by us for one or more of the following reasons: a. non-payment of premium; or b. a material misrepresentation or concealment of facts; or c. a material breach of any provision of this Policy. If this Policy is cancelled by us, notice of cancellation will be sent in writing to the first Named Insured (except as modified by any Endorsement to this Policy, either electronically or at the address indicated on the Declarations. We will provide such written notice at least ninety(90)days prior to the date such cancellation is to take effect; except that, in the event of cancellation for non-payment of premium, we will provide only fifteen (15) days written notice. If the premium is paid by a premium financing company and the premium financing company, acting under a valid premium finance agreement with you, requests cancellation of the Policy due to non-payment of premium from you in the first twelve (12) months of the Policy Period, the earned premium shall be computed short-rate of the twelve- month policy term premium and the unearned premium shall be returned to the premium finance company. The effective date and hour of cancellation will be stated in such notice. Cancellation by us also cancels the Automatic Extended Reporting Period and any Optional Extended Reporting Period; the Policy Period, the Automatic Extended Reporting Period, and any Optional Extended Reporting Period will end on that date. If we cancel for the reason specified in Subparagraph (a), there shall be no return premium. If we cancel for reasons stated in Subparagraphs (b) or(c) in the first twelve (12) Policy Form: PERFORM-10002(11-20) Page 19 of 20 months of the Policy Period, the earned premium shall be computed pro-rata of the twelve-month earned policy term premium. Payment of any return premium shall not be a condition of cancellation. 3. This Policy may be cancelled by the first Named Insured for any reason. In the event that the first Named Insured cancels the Policy, the earned premium shall be computed under the customary short rate table and procedure as a percentage of the total Policy premium stated in the Declarations, and we will return the corresponding unearned premium to the first Named Insured. Cancellation by the first Named Insured shall also cancel the Automatic Extended Reporting Period and any Optional Extended Reporting Period on the date of cancellation. 4. Notwithstanding the foregoing, if you report a Claim or First Party Claim to us prior to the date of cancellation, the Policy premium shall be considered 100% earned, and no premium shall be returned upon cancellation. H. No Limitation of Liability You shall not limit the liability of any Responsible Entity, except to collectible insurance, without our prior written approval. If you limit the liability of a Responsible Entity in a manner that fails to comply with the foregoing, our obligation to pay Loss arising out of any Claim or First Party Claim involving such Responsible Entity shall apply solely in excess of the collectible insurance that would have been available in the absence of the limitation of liability to such Responsible Entity or any person or entity for which the Responsible Entity is responsible. I. Your Bankruptcy Your bankruptcy or insolvency shall not relieve us of our obligations under this Policy. J. Authorization Clause By acceptance of this Policy, the first Named Insured shall be the sole agent of and shall act on behalf of the Insureds for all purposes as to the Policy, including but not limited to the payment or return of premium, receipt and acceptance of any endorsement issued to form a part of this Policy, providing and receiving notice of cancellation, termination, or nonrenewal, the giving of notices and reporting of First Party Claims, Claims and circumstances, for completing applications and the making of any statements or representations, for making any change to the Policy, and for the exercising or declining to exercise any right under this Policy, including the purchase of an Optional Extended Reporting Period. K. Severability of Policy Provisions If any material provision or clause of this Policy is declared illegal or unenforceable by any court of competent jurisdiction and cannot be modified to be enforceable, that provision will immediately become null and void, leaving the remainder of this Policy in full force and effect. L. Severability of Insureds(Coverages B, C, D and E) Except with respect to the Limits of Liability and Self-Insured Retentions, the Authorization Clause of this Conditions Section and as otherwise provided in this Policy, this insurance applies as if each Insured were the only Insured and separately to each Insured against whom a Claim is made. M. Other Insurance This Policy is excess over the Self-Insured Retention and any other valid and collectible liability insurance available to you, whether such other insurance is stated to be primary, pro-rata, contributory, excess, contingent, self-insured or otherwise, unless such other insurance is written specifically excess of this Policy by reference in such other policy to the Policy number in this Policy's Declarations. When any other insurance has a duty to defend a Claim, we will have no duty to defend the Claim; if no such other insurance defends the Claim, we will have the right but not the duty to defend the Claim. Under Coverage C only, when you are required by written contract, written agreement, or permit, executed prior to when the Pollution Claim was first made, to include any person or entity as an additional Insured, such coverage will be provided on a primary and non-contributory basis to the extent so required. N. Choice of Law Policy Form: PERFORM-10002(11-20) Page 20 of 20 All matters arising from or related to this Policy, including without limitation questions related to the validity, interpretation, performance, and enforcement of this Policy, all forms of contractual, tort and statutory claims, and all remedies and entitlement to costs or attorneys' fees in a dispute over any of the foregoing, shall be determined in accordance with the law and practice of the State of New York (notwithstanding New York's conflicts of law rules). O. Jurisdiction and Venue It is agreed that, in the event of any dispute arising from or related to this Policy, including without limitation questions related to the validity, interpretation, performance, and enforcement of this Policy, and all forms of contractual, tort and statutory claims, you and we will submit to the jurisdiction of any court (State or Federal) in New York and will comply with all the requirements necessary to give such court jurisdiction. Nothing in this clause constitutes or should be understood to constitute a waiver of your or our right to remove an action to the United States District Court, regardless of the jurisdiction in which an action is commenced. Policy Form: PERFORM-10002(11-20) UMBRELLA POLICY NUMBER: CUP-2T527040-22-NF ISSUE DATE: 05/13/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF UNDERLYING INSURANCE This endorsement modifies insurance provided under the following: EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCE Employee Benefits Liability Limits Of Liability Carrier ZURICH AMERICAN INSURANCE Each Employee $1,000,000 COMPANY Aggregate $1,000,000 Policy Number GL0388901209 Policy Period From: 05/01/2022 to: 05/01/2023 Employers Liability Limits Of Liability CarrierZURICH AMERICAN INSURANCE Bodily Injury By Accident $1,000,000* COMPANY Each Accident Policy NumberWC388901309 Bodily Injury By Disease $1,000,000* Policy Limit Policy Period From: 05/01/2022 Bodily Injury By Disease $1,000,000* Each Employee to: 05/01/2023 *UNLIMITED IN THE STATE OF NEW YORK FOR SUBJECT EMPLOYEES Automobile Liability Limits Of Liability CarrierZURICH AMERICAN INSURANCE Bodily Injury And Property $1,000,000 COMPANY Damage Combined Single Limit Policy Number BAP388901109 Policy Period From: 05/01/2022 to: 05/01/2023 PRODUCER:LOVITT & TOUCHE-MMA OFFICE:SP-DENVER 06S EU 00 03 08 18 ©2018 The Travelers Indemnity Company.All rights reserved. Pagel of 2 UMBRELLA POLICY NUMBER: CUP-2T527040-22-NF ISSUE DATE: 05/13/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF UNDERLYING INSURANCE This endorsement modifies insurance provided under the following: EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCE Commercial General Liability Limits Of Liability Carrier ZURICH AMERICAN INSURANCE General Aggregate $2,000,000 COMPANY Products-Completed $2,000,000 Policy Number GL0388901209 Operations Aggregate Policy Period Personal and Advertising Injury $1,000,000 From: 05/01/2022 to: 05/01/2023 Each Occurrence $1,000,000 Limits Of Liability Carrier Policy Number Policy Period From: to: Limits Of Liability Carrier Policy Number Policy Period From: to: PRODUCER:LOVITT & TOUCHE-MMA OFFICE:SP-DENVER 06S EU 00 03 08 18 ©2018 The Travelers Indemnity Company.All rights reserved. Page 2 of 2 TRAVELERS J� One Tower Square, Hartford, Connecticut 06183 POLICY DECLARATIONS POLICY NO.: ZUP-15R73917-21-NF EXCESS FOLLOW-FORM AND UMBRELLA ISSUE DATE: 05/11/21 LIABILITY INSURANCE POLICY INSURING COMPANY: TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA 1. NAMED INSURED AND MAILING ADDRESS: WEBER WATER RESOURCES, LLC 7931 EAST PECOS ROAD, BLDG 2 STE 134 GILBERT AZ 85212 2. POLICY PERIOD: From 05/01/2021 to 05/01/2022 12:01 A.M. Standard Time at your mailing address. 3. LIMITS OF INSURANCE: COVERAGES LIMITS OF LIABILITY AGGREGATE LIMITS OF LIABILITY $10,000,000 General Aggregate $10,000,000 Products-Completed Operations Aggregate EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY $10,000,000 Occurrence Limit CRISIS MANAGEMENT SERVICE EXPENSES $100,000 all Crisis Management Events 4. SELF INSURED RETENTION: $0 any one occurrence or event 5. PREMIUM: ® Flat Charge ❑ Adjustable (See Premium Schedule) 6. TAXES AND SURCHARGES: $ 7. On the effective date shown in Item 2., the Excess Follow-Form And Umbrella Liability Insurance Policy numbered above includes this Declarations Page and any forms and endorsements shown on the Listing Of Forms, Endorsements And Schedule Numbers. 8. If the Schedule Of Underlying Insurance includes any coverage provided on a claims- made basis, then the following disclaimer applies. COVERAGE WILL APPLY ON A CLAIMS-MADE BASIS WHEN FOLLOWING CLAIMS-MADE UNDERLYING INSURANCE. 9. If the Schedule Of Underlying Insurance includes any coverage which includes defense expenses within the limits of liability, then the following disclaimer applies: DEFENSE EXPENSES ARE PAYABLE WITHIN, AND ARE NOT IN ADDITION TO, THE LIMITS OF INSURANCE WITH RESPECT TO SOME OR ALL OF THE COVERAGES PROVIDED. NAME AND ADDRESS OF AGENT OR BROKER: COUNTERSIGNED BY: LOVITT & TOUCHE-MMA TEMPE AZ 85281 . 1050 WASHINGTON ST W STE 233 Autnor.zed Representativle Date: Received by L&T May 25, 2021 OFFICE: PHOENIX, AZ EU 00 02 09 20 © 2020 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 UMBRELLA POLICY NUMBER: ZUP-15R73917-21-NF ISSUE DATE: 05/11/21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF UNDERLYING INSURANCE This endorsement modifies insurance provided under the following: EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCE Commercial General Liability Limits Of Liability Carrier: ZURICH AMERICAN INSURANCE General Aggregate $2,000,000 COMPANY Policy AS PER SCHEDULE ON FILE WITH Products-Completed Number: THE COMPANY Operations Aggregate $2,000,000 Personal and Advertising Injury $1,000,000 Policy Period From: 05/01/2021 Each Occurrence $1,000,000 tO: 05/01/2022 Automobile Liability Limits Of Liability Carrier: ZURICH AMERICAN INSURANCE COMPANY Bodily Injury And Property Damage Combined Single Limit $1,000,000 Policy AS PER SCHEDULE ON FILE WITH Bodily Injury Each $ Number: THE COMPANY Person Bodily Injury Each $ Policy Period Accident From: 05/01/2021 to: 05/01/2022 Property Damage Each $ Accident Employers Liability Limits Of Liability Carrier ZURICH AMERICAN INSURANCE Bodily Injury By Accident COMPANY Each Accident $1,000,000 Policy AS PER SCHEDULE ON FILE WITH Number: THE COMPANY Bodily Injury By Disease Policy Limit $1,000,000 Policy Period Each Employee $1,000,000 From: 05/01/2021 tO: 05/01/2022 *UNLIMITED IN THE STATE OF NEW YORK FOR SUBJECT EMPLOYEES PRODUCER: LOVITT & TOUCHE-MMA OFFICE: PHOENIX, AZ EU 00 03 08 18 © 2018 The Travelers Indemnity Company. All rights reserved. Page 1 Of 1 UMBRELLA POLICY NUMBER: ZUP-15R73917-21-NF ISSUE DATE: 05/11/21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF UNDERLYING INSURANCE - CONTINUED This endorsement modifies insurance provided under the following: EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCE Type Of Coverage: EMPLOYEE BENEFITS LIABILITY Limits Of Liability $1,000,000 EACH CLAIM Carrier: ZURICH AMERICAN INSURANCE COMPANY $1,000,000 AGGREGATE Policy AS PER SCHEDULE ON FILE WITH THE Number: COMPANY Policy Period From: 05/01/2021 tO: 05/01/2022 Type Of Coverage: Limits Of Liability Carrier: Policy Number: Policy Period From: to: Type Of Coverage: Limits Of Liability Carrier Policy Number: Policy Period From: to: PRODUCER: LOVITT & TOUCHE-MMA OFFICE: PHOENIX, AZ EU 00 04 07 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 Of 1