Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
IWATER, INC. (5)
IN UHANU{any FILE WORk: UNTI} A-2025-159 `�.�y EXHIBIT 2 Clrr CLER OATS: OCT 0 3 zaz� D, pV* 04 CL,� CONSULTANT AGREEMENT WITH IWATER INC. TO PROVIDE WATER SYSTEM M61V wmm )4 MAPPING AND APPLICATION SERVICES TO CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 1 b`h day of September,2025 by and between iWater, Inc., ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On April 22, 2025, the City issued Request for Proposal("RFP")No. 25-030, by which it sought qualified consultants to provide water system mapping and application services for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work which was included in RFP 25-030. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the Scope of Services which was included with RFP 25-030, attached hereto as Exhibit A and incorporated by reference, as well as Consultant's Proposal Response, which is attached as Exhibit B and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation-Exhibit C. The total amount to be expended during the term of this Agreement shall not exceed $1,750,000, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM Page 1 of 10 This Agreement shall commence on the 10 of September, 2025 for one three-year term with the option for the City to grant up to two additional one-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exchisive 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 Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services,products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. MINIMUM SCOPE AND LIMIT OF INSURANCE 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than Page 2 of 10 $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee,for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. 4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and$2,000,000 aggregate. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: I. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CGL,Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. Consultant's Insurance company(ics) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. 3. For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought,except with respect to the insurer's limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty(30) days prior written notice has been given to City.Ten(10)days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium. Page 3 of 10 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana,Attention: Christine Le,215 S. Center St.,M-85, Santa Ana,CA 92701.The name and location of project must be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a.current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements(or copies of the applicable policy language effecting coverage required by this clause)and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins, However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits,,based on the nature of the risk,prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend,and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel,and representatives from liability: (1) for personal injury, damages,just compensation,restitution,judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and(2) from any claim that personal injury, damages,just compensation,restitution,judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages,just compensation,restitution,judicial or equitable relief suffered, or alleged to have been suffered,by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or 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 Page 4 of 10 decisions with respect to its representation in any legal proceeding.Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782,8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence,recklessness, or willfiiI misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent,trademark,or copyright infringement,including costs,contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents,proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance,but in no event less than reasonable care. "Confidential Information"shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that(a)has been disclosed in publicly available sources; (b)is,through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or(e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE a. Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services Page 5 of 10 specified under this Agreement. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this (Contract, Agreement, or Grant). The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above.If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make fiill written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported(in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b)and(c) above. 12. 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 affirns that it is an equal opportunity employer and shall comply with all applicable federal, state and Local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto,the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument Page 6 of 10 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 Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event,Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 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. 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 7of10 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits,approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Cleric 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 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza(M-21) P.O. Box 1988 Santa Ana, California 92702 To Contractor: Don Rhodes President Mater, Inc. 12 Goodyear 4130 Irvine, California 92618 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 Page 8 of 10 deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four(24)hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames,weekends, federal, state, County or City holidays shall be excluded. 20. 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, hold by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Page 9 of 10 IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST: ,.,r, CITY Of SANTA ANA nnifer . all` Alvaro Nunez City Cle City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONSULTANT: City Attorney Kyle,,N,ellcsen Don Rhodes Assistant City Attorney President RECOMMENDED FOR APPROVAL: Rodolfo Digitally signed by Rodolfo Rosas Rosas Date:2025.08.28 i 6:58:04-07'00' Rudy Rosas, P.E. Acting Executive Director Public Works Agency Page 10 of 10 EXHIBIT A, _ CITY OF SANTA ANA EXHIBIT SCOPE OF SERVICES A. INTRODUCTION AND BACKGROUND 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's water system has an average day demand of about 30 million gallons (MG)with 45,000 service connections. 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. The City desires to retain a qualified Consultant to provide support services, maintenance, licensing, and onsite GIS professional staff to support the Water Resources Division's infraMAP Software Application. The City's Water Resources Division currently uses the infraMAP Software asset maintenance software to schedule work and emergencies in multiple departments which include, Engineering, Water Production, Water Quality, Water Maintenance, Sewer Maintenance, Meter Services, and others as needed. The selected vendor is intended to provide both onsite and offsite support services for the City. The Consultant shall be available on an on-call basis, 24 hours a day, seven days a week to provide support services, maintenance, licensing, and onsite GIS professionals to support the City's infraMAP software application. B. CONSULTANT RESPONSIBILITIES The Consultant shall provide all labor, materials, services, and equipment necessary for the services described herein. The Consultant shall possess all Federal, State and Local permits, licenses, and approvals necessary to provide goodiservices required in the Scope of Work. C. SCOPE OF SERVICES The City is seeking qualified Consultants to provide GIS professional services which will involve maintaining both the infraMAP database and Esri database to ensure the two databases are in sync at all times. The selected vendor is intended to provide user licensing for the infraMAP software for 200 internal and external users. The Consultant shall provide onsite services of a minimum of 32 hours and a maximum of 40 hours per week for standard support. Additional onsite hours for training, asset verification, and department meetings, can amount to 50 hours per month above the required onsite time. The onsite staff/personnel must have a minimum of 5 years Esri experience and have the skillset to work in Esri ARC PRO for 5 years. The onsite staff/personnel must have a minimum of ten years' experience in the field providing map updates with high accuracy GPS products for map verifications for departments requesting the corrections. The GPS equipment must be provided by the Consultant. Work by the Consultant may include operating portions of the Water system which will require CA Department of Health certified personnel. The lead on the project must currently hold a D-3 license and other key field staff shall hold a D-2 license. If work is required to the water system, the Consultant must hold the required CA State license with an A license preferred. EXHIBIT B t f r i 5 E r NNhWftN_.'MIN j3j) 1. SERVICES PROVIDED It is our understanding that the desire of the City of Santa Ana is to implement/maintain a GIS Mapping and infraMAP&Application Support Services.Supporting multiple departments for Engineering,Water Production, Water Quality,Water Maintenance,Sewer Maintenance,Meter Services,and others as needed.Services can include a variety of support including troubleshooting,new software features,reporting configuration,GIS edits(ArcGIS Pro) and database maintenance.infraMAPO user licensingfor 200 internal and external users. The Mapping and Application program will consist of the following: infraMAP@ Support infraMAP&support services ensuring City users have access to software(licensing),maintenance and are fully trained on software application functionality. •infroMAPO features field user friendlyforms to display and input maintenance data. • Automatic software updates provided to City during off hours. • Provide new and existing users with software training. • Importing CCTV Videos and Reports from CCTV Contractor into infraMAP@ once available. • Configure new and existing data for Asset Management,Compliance and Reporting. •Supports Real Time data collection in the office or out in the field. •infraMAP&supports multiple photo,video and document attachments. • Access to User Guide Manuals for Field and Admin Level Users. GIS Support GIS support services are essential for enabling the City of Santa Ana to leverage the full capabilities of GIS.iWater will dedicate an on-site team member at a minimum of 32 hours and a maximum of 40 hours per week.Additional onsite hours for training,asset verification,and department meetings,can amount to 50 hours per month above the required on-site time. iWater Project Manager holds a current D3 DHS License. • Daily on-site GIS Editing(ArcGIS Pro)from infraMAP@ Redlines,As-Builts,Development Plans and Cl P Projects. •Timely support to help City staff to overcome technical hurdles quickly,ensuring that GIS workflows are efficient and productive. •Assistingwith organizing,cleaning,integrating,and maintaining spatial data along with QA/QC processes. • Generating Map Exhibits based on City Staff project definition. • Dashboard and KPI Metrics. S ' SERVICES PROVIDED c VISION { To be recognized as a leading software MISSION:"`\ company • provide ,T services to utilities and cities wh ile o provide exceptional csstomer serirlee while providing its employees with a work-life marntairiin the highes�level of software c `a:bi r ap line We focus orl our customers long j term success by ttaeetin their current and ` S Fy b l future gams Mlle want to create'a strong relationship by establrs_iing trust and loyalty betweenhstafF meinbe s partners,and s clie:Qts Building A.' Can and friendly \ 3 environment that helps our staff members iae ; _ z creative,innovative,end-move montafns t Y R Field Crew Support - iWater,Inc.will provide two man crews with CA Department of Health Water Distribution Certificates to support City of Santa Ana.All vehicles and equipment will be furnished by iWater for each specific project. • GPS Data Collection to be updated in GIS and infraMAP®. • Cross Connection hazard assessments and data collection. • Fire-Flow capacity testing. •Valve and Hydrant Maintenance. • Meter crew support. What assets do I have? Where are they? What are their conditions? How are they performing? Security • Supports Single Sign-On and Multi-Factor Authentication with Microsoft Entra(formally Azure Active Directory). • Built in form designer,so that new data fields/types and forms can be created or modified at any time by City Admin Users. • infraMAPO is hosted on Microsoft Azure(USA)with 99.99%SLA,failover redundancy and disaster recovery built in. • Both a TEST and Production Environments will be provided as part of the support services contract. • Fuld fogging of user profile and data changes. EXHIBIT C Costs AMOUNT DUE infraMAPG Licensing (200 users invoiced annually) $150,000.00 Water On-Site Monthly Support (32-40 Hours per week) $180,000.00 Water Additional Professional Services (600 hours per year) $90,000,00 Water Field Services (200 hours per year) $20,000.00 Software Development I Senior Software Engineer (hourly rate) $200.00 GIS Mapping I On-Site GIS Specialist(hourly rate) $150.00 Software Integration I Software Engineer(hourly rate) $150,00 GIS Mapping I Off-Site GIS Specialist(hourly rate) $100.00 Field Crew Support I Water Field Crew(hourly rate) $100.00 lfater System Mapping and Application Services Annual Fees$448 ,0001.00 $200,000 $150,000 $100,000 $9d,bUfi1 $50,000 $0 lnfraMAP Licensing On-Situ Morithly Ad' itional Flalr3 Services Support Pro Service AC" " CERTIFICATE OF LIABILITY INSURANCE D 03/05/2025 4MMIDDNYYY) 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 poiicy(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 Gareth Nickerson NAME: PHONE 909 385 3200 FAX A!C No: Gareth Nickerson Agency LLC E-MAIL gnickerson@farmersagent,com ADDRESS: 27194 Baseline S(Unit C INSURER(M AFFORDING COVERAGE NAIC# Highland CA.92346 INSURERA: NORTHFIELD INSURANCE 27987 INSURED INSURER B: KINSALE 38920 IWATER INC INSURER C: MID CENTURY COMPANY 21687 12 GOODYEAR SUITE 130 INSURER D: TRUCK INSURANCE EXCHANGE 2 7709 IRVINE CA 92618-3747 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER; THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HA 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 LTR POLICYNUMBER 4MMIDDfYYYYI (MMIDDfYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACHOCCURRENCF $ 1,000,000 �/ DAMAG TED 100,000 CLAIMS-MADE X OCCUR PREMISES Es occurrence $ MED EXP(Any one person) $ 5,000 A Y WH008318 10/27/2024 10127/2025 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,000 X POLICY❑PRO- ❑LOC 2,000,000 JECT PRODUCTS $ OTHER' $ AUTOMOBILE LIABILITY COMBINED SINGLELIMIT $ (Fa accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY Per accident $ AUTOS ONLY AUTOS } HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY per accident X UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAR CLAIMS-MADE 0100212520-1 10/27/2024 1012712025, AGGREGATE $ 5,000,000 DED RETENTION$ $ WORKERS COMPENSATION X STATUTE ERH AND EMPLOYERS'LIABILITY Y I N ANYPROPRIETORIPARTNERIFXECUTIVE E.L.EACH ACCIDENT $1,000,000 C OFFICER/MEMBEREXCLUDED? NIA A09505451 02l15I2025 02115I202fi (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 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) CERTIFICATE HOLDER ISADDITIONAL INSURED. CERTIFICATE OF INSURANCE SHALL PROVIDE(30)THIRTY DAYS WRITTEN NOTICE OF CANCELLATION CERTIFICATE HOLDER IS ADDITIONAL INSURED ON THE NAMED INSUREDS GENERAL LIABILITY POLICY.WAIVER OF SUBROGATION APPLIES IN FAVOR OF THE CERTIFICATE HOLDER ON WORKERS COMPENSATION POLICY Tu Tran °uaTlmsigned by APPROVED o,ce:zozs.o3.o Tu Tran Nguyen of 1.5U Nguyen ,s;s,ob-oa�aa' Ypm,Mar07,2023 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF SANTAANA ACCORDANCE WITH THE POLICY PROVISIONS. RISK MANAGEMENT DIVISION 20 CIVIC CENTER PLAZA 4TH FLOOR AUTHORIZED REPRESENTATIVE SANTAANA CA 92701 ©1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 0 Northfield Insurance Company St. Paul,NIN 55102 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement Is EFFECTIVE: 10/27/2024 (12:01 A.M. Std.Time) and !s pert of Policy Number: WH008318 Issued to:I Water Inc . This endorsement modifies insurance under the following: Commercial General Liability Additional Insured continued from S2716-IL City of Santa Ana, officers, agents, employees, and volunteers are named as additionally insured on this policy pursuant to written contract, agreement, or memorandum of understanding. Such insurance as is affoxded by this policy shall be primary, and any insurance carried by City shall be excess and noncontributory. 20 Civic Center Plaza Santa Ana, Ca 92701 5106A-IL(6/07) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY -NOTICE OF CANCELLATIONINONRENEWAL PROVIDED BY US "This endorsement is EFFECTIVE 10/27/2024 "and is part of Policy Number: WT-t008318 Issued to; I Water Inc . "Entry optional if shown In the Policy Declaratlons. If no entry is shown, the effective date of the endorsement Is the same as the effective date of the policy. This endorsement modifies Insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 33 0 NONRENEWAL: Number of Days Notice of Nonrenewal: 20 PERSON OR ORGANIZATION: City of Santa Ana Risk Management Division ADDRESS, 20 Civic Center Plaza 4th Floor Santa Ana, CA 92701 PROVISIONS: A. If we cancel this policy for any statutorily permitted B. If we decide to not renew this policy for any statutorily reason other than nonpayment of premium, and a permitted reason, and a number of days is shown for number of days Is shown for cancellation in the nonrenewal in the Schedule above, we will mail notice Schedule above, we will mail notice of cancellation to ofthe nonrenewal to the person or organization shown the person or organization shown in the Schedule in the Schedule above. We will mail such notice to the above. We will mail such notice to the address shown address shown in the Schedule above at least the In the Schedule above at least the number of days number of days shown for nonrenewal in the Schedule shown for cancellation in the Schedule above before above before the expiration date. the effective date of cancellation. S28e8-IL(Ioi1 t) ©2011 The Travelers Indemnity Company. All rights reserved. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF OTHER INSURANCE CONDITION - PRIMARY INSURANCE FOR ADDITIONAL INSURED *This endorsement is EFFECTIVE 10/27/2024 Wand is part of Policy Number: WH008318 "issued to:I Water Inc. *Entry optional if shown in the Common Policy Declarations. ff no entry is shown,the effective date of the endorsement is the same as the effective date of the policy. This endorsement modifies insurance provided under the following- COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Additional Insured City of Santa. Ana Risk Management Division, 20 Civic Center Plaza 4th Floor, Santa Ana, CA 92701 Designated Premises PROVISIONS The following is added to Paragraph 4.a., Primary Insurance,of SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is primary insurance for the person or organization shown as the Designated Additional Insured In the Schedule, but only to the extent that such person is an Additional Insured. If a Designated Premises Is also shown In the Schedule,than they primary insurance for the Designated Additional Insured applies only with respect to liability arising from such Designated Premises. 82716-CG(4116) 0 2016 The Travelers Indemnity Company. All rights reserved. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC0403 03 C (Ed.07-18) ENDORSEMENT AGREEMENT LIMITING AND RESTRICTING THIS INSURANCE OFFICERS AND DIRECTORS COVERAGE/EXCLUSION-CALIFORNIA If the employer named in Item 1 of the Information Page is a quasi-public or private corporation,this policy applies to all officers and members of boards of directors while rendering actual service for the corporation for pay, as employees,except those excluded below who 1. individually own at least 10 percent of the corporations issued and outstanding stock,or 2. individually own at least 1 percent of the corporations issued and Outstanding stock if that officers or members parent, grandparent, sibling, spouse, or child awns at least 10 percent of the corporations issued and outstanding stock and that officer or membe r is covered by a health insu rance policy or a healthcare service plan,or 3. are officers or members of the board of directors of a cooperative corporation organized pursuant to the Cooperative Corporation Law(Corporations Code,Sections 12200.12704)whostate that he orshe is covered by both a health care service plan or health insurance policy, and a disability insurance policy that is comparable in scope and coverage,as determined by the Insurance Commissioner,to a workers compensation policy. If the employer named in Item 1 of the Information Page is a private corporation,ora private cooperative corporation organized pursuant to the Cooperative Corporation Law, this policy applies to an officer or director who is the sole shareholder of the corporation, as an employee,except if excluded below. The insurance under this policy is limited as follows:It is AGREED that,anything in this policy to the contrary notwithstanding,this policy DOES NOT INSURE: Officers,Directors and Trustees Excluded Title DONALD RHODES EXECUTIVE OFFICER JU LIE RHODES EXECUTIVE OFFICER Nothing in this endorsement shall be held to vary,alter,waive or extend any of the terms,conditions,agreements,or limitations of this policy other than as above stated. Nothing elsewhere in this policy shall be held to vary, alter,waive or limit the terms, conditions, agreements or limitationsin this endorsement. it is further agreed that remuneration when used as a premium basis forsuch insurance as is afforded by this policy shall not include the remuneration of any person excluded from coverage in accordance with the foregoing. FAILURE TO SECURE THE PAYMENT OF FULL COMPENSATION BENEFITS FOR ALL EMPLOYEES AS REQUIRED BY LABOR CODE SECTION 37001S A VIOLATION OF LAW AND MAY SUBJECT THE EMPLOYER TO THE IMPOSITION OF WORK STOP ORDER,LARGE FINES,AND OTHER SUBSTANTIAL PENALTIES(Labor Code Sectlon 3710.1,etseq.). 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 ofthe policy.) Endorsement Effective Policy No. Endorsement No. Insured Insurance Company 6� Countersigned by WC 0403 03 C Page 1 of 1 (Ed.7-18) 9)2017 by the Workers Compensation Insurance Rating Bureau or California.All rights reserved. 93-6413 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC0403 66 (Ed.07-18) ENDORSEMENT AGREEMENT LIMITINGAND RESTRICTING THIS INSURANCE PROFESSIONAL CORPORATION COVERAGE/EXCLUSION-CALIFORNIA If the employer named in Item 1 of the Information Page is a professional corporation,as defined in Section 13401 of the Corporations Code,this policy applies to all owners who are practitioners rendering the professional services for which the professional corporation is organized,as employees,except those excluded below who state that lye or she is covered by a health insurance policy or a health care service plan. If the employer named in Item 1 of the Information Page is a professional corporation,as defined in Section 13401 of the Corporations Code,this policy applies to the owner who is the sole shareholder of the private professional corporation,as an employee, except if excluded below- The insurance under this policy is limited as follows:It is AGREED that,anything in this policy to the contrary notwithstanding,this policy DOES NOT INSURE: Owners/Trustees Excluded Title DONALD RHODES EXECUTIVE OFFICER JULIE RHODES EXECUTIVE OFFICER Nothing in this endorsementshall be held to vary,alter,waive or extend any ofthe terms,conditions,agreements,or limitationsof this policy other than as above stated.Nothing elsewhere in this policy shall be held to vary,alter,waive or limit the terms,conditions, agreements or limitations in this endorsement. It is further agreed that remuneration when used asa premium basis for such insurance as is afforded by this policy shall not include the remuneration of any person excluded from coverage in accordance with the foregoing. FAILURE TO SECURE THE PAYMENT OF FULL COMPENSATION BENEFITS FOR ALL EMPLOYEES AS REQUIRED BY LABOR CODE SECTION 3700 IS A VIOLATION OF LAW AND MAY SUBJECT THE EMPLOYER TO THE IMPOSITION OF A WORK STOP ORDER,LARGE FINES,AND OTHER SUBSTANTIAL PENALTIES(Labor Code section 3710.1,et seq.). 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.) E rid orsementEffective Policy No. Endorsement No. Insured Insurance Company Countersigned by WC040366 Page"I of 1 (Ed.7-18) �T2017 by the Workers Compensation Insurance Rating Bureau of California.All rights reserved. 93.6454 WORKERS COMPENSATION A41)EMPLOYERS LIABILITY INSURANCE POLICY WC99 0631 (Ed.6 20) BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recoverour paymentsfrom anyone liable foran injury covered by this policy.Wewill notenforce our right againstthe person ororganization named in the Schedule.(Thisagreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall of the California workers compensation premium otherwise due on such remuneration,subject to a minimum charge of 250 All written contracts in the state(s)of: CA 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 onlywhen this endorsement is Issued subsequent to preparation of the policy.) Endorsement Effective 02/15/24 Policy No.A0950-54-51 Endorsement No. Insured IWATER,INC (DBA)IWATERINC. 12 GOODYEAR STE 130 Insurance Company MID-CENTURY I NSURANCE COMPANY IRVINE CA926183747 Countersigned By WC990631 (Ed.6-20) includes copyright material of the Workers Compensation Insurance Rating Bureau of California.All rights reserved. ACC CERTIFICATE OF LIABILITY INSURANCE narEfMMfDnnvvv} it.� 03/0712025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND ORALTER THE COVERAGE AFFORDED BYTHE;POLICIES BELOW. THIS CERTIFICATE OF INSURANCE,DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSUREII AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT, If the certlflcate holder is an ADDITIONAL INSURED,the pOlicy(les)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 Fred Dean NAME: Premier One Insurance Services PHHONr fAIC, o Est (949)727.2025 F AIC,Ne: (949)727-9219 100 Pacifica Ste 480 E-MAIL Fred.DeanQPremierOne.com ADDREss; INS URER{S}AFFORDING COVERAGE NAIL N Irvine CA 92618 INSURERA: Beazley Insurance Company 37540 INSURED INSURER 9 (Water,Ino, INSURER C: 12 Goodyear#130 INSURER D: INSURER E: Irvine CA 92618 INSURER F: COVERAGES CERTIFICATE NUMBER: CL253713538 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDD MMJDDN LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ ORE T CLAIMS-MADE OCCUR PREMISES Ea occurrence $ MED EXP fAny one person) $ PERSONAL&ADV INJURY $ GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGA-rE $ - POLICY JEPRDCT F1 LOC PRODUCTS-COMP/OPAGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANYAUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident} $ HIRED NON-OWNED PROPERTYDAMAGE $ AUTOS ONLY AUTOS ONLY per accldont UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DIED I I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETORIPARTNERfEXECUTIVE = NrA E.L.EACH ACCIDENT $ OFFICEWMEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,dascrihe under DESCRIPTION OF OPERATIONS below E,L.DISEASE-POLICY LIMIT $ LIMIT PER OCC $2,000,000 A Professional Liability V1307D231301 10104/2024 10/0412025 DEDUCTIBLE $15,000 RETRO DATE 08-04-2011 DESCRIPTION OF OPERATIONS f LOCATIONS J VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space Is required) APPROVED By TO Tran Nguyen at 1.50 pin, Mar.07, 202 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Santa Ana Risk Management Division ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza 4th Floor AUTHORIZED REPRESENTATIVE Santa Ana CA 92701 DQaw, O 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD