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HomeMy WebLinkAbout2018 CON Clear Water Technologies - Water Treatment ServicesSHORT FORM SERVICES AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CLEAR WATER TECHNOLOGIES, LLC THIS AGREEMENT is entered into this 23rd day of July, 2018, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and CLEAR WATER TECHNOLOGIES, LLC, a California company (the "CONTRACTOR"). NOW, THEREFORE, CITY agrees to engage CONTRACTOR to perform the services set forth herein in accordance with the following terms and conditions: 1. Description of Services. CONTRACTOR shall provide services as outlined in attached proposal, Exhibit "A". 2. Lenuth of Agreement. The schedule is set forth below: The duration of this Agreement is from August 1, 2018 through June 30, 2019. 3. Compensation. The total compensation to CONTRACTOR for providing the services set forth herein shall not exceed an annual total cost of $6,960. The compensation for CONTRACTOR'S work shall be based upon and not exceed the rates given in Exhibit "A" (the labor rates) without prior written authorization from CITY. 4. Payment Schedule. CITY will make payment within thirty (30) days of receiving and approving a billing statement for the satisfactorily completed services of CONTRACTOR. 5. Termination. CITY may terminate this Agreement at any time by providing one (1) day's written notice to CONTRACTOR. 6. Independent Contractor. It is agreed that CONTRACTOR is an independent Contractor, and all persons working for or under the direction of CONTRACTOR are CONTRACTOR'S agents, servants and employees, and said persons shall not be deemed agents, servants, or employees of CITY. 7. Insurance. CONTRACTOR shall obtain: A. [] If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and separate additional insured endorsements shall be provided. G. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 H. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. I. Insurance shall be written with only insurers authorized to conduct business in California which hold a current policy holder's alphabetic and financial size category rating of not less than A:VII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with, and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. Standard Short Form Agreement Page 2 of 5 City of National City and Revised August 2017 dj Clear Water Technologies LLC L. If the CONTRACTOR maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY requires and shall be entitled to the broader coverage or higher limits (or both) maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 8. Indemnification and Hold Harmless. The CONTRACTOR agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers employees, or volunteers. CITY will cooperate reasonably in the defense of any action, and CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 9. Acceptability of Work. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance, and/or the compensation payable to the CONTRACTOR. 10. Business License. CONTRACTOR must possess or shall obtain business license from National City Finance Department before beginning work. 1 1. Miscellaneous Provisions. A. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. B. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. C. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. D. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement will control. E. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. Standard Short Form Agreement Revised August 2017 Page 3 of 5 City of National City and Clear Water Technologies LLC F. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. G. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The CONTRACTOR shall comply with all laws, including federal, state, and local laws, whether now in force or subsequently enacted. H. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent, or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. I. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. J. Subcontractors or Subconsultants. The CITY is engaging the services of the CONTRACTOR identified in this Agreement. The CONTRACTOR shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY. In the event any portion of the work under this Agreement is subcontracted, the subcontractor(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 7 and the indemnification and hold harmless provision of Section 8 of this Agreement. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. [Signature page to follow] Standard Short Form Agreement Page 4 of 5 City ofNational City and Revised August 2017 9j Clear Water Technologies LLC IN WITNESS WHEREOF, this Agreement is executed by CITY and by CON TRACTOR on the date and year first above written. CITY OF NATIONAL CITY By: Leslie Deese, City Manager . Morri Jones y Attorney CONTACT INFORMATION CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 91950-4397 Phone: (619) 336-4585 Fax: (619) 336-4397 Contact: Arturo Gonzalez Title: Facilities Maintenance Supervisor Dep.: Engineering & Public Works Email: arturog@nationalcityca.gov Standard Short Form Agreement CLEAR WATER TECHNOLOGIES, LLC By: (Name) (Pri t) r-CS6/�in� (Title) CLEAR WATER TECHNOLOGIES, LLC 2220 Otay Lakes Road, #502-107 Chula Vista, CA 91915 Phone: 619-861-0909 Fax: 619-737-9178 Contact: David Visser Title: President Email: david@ClearWaterTech.com Taxpayer I.D. No.: 46-1689460 Page 5 of 5 City of National City and Revised August 2017 Clear Water Technologies LLC EXHIBIT A o `'A© :CLEAR o� DATER 0o TfCHNGI GG/fS'"' Water Treatment Service Agreement Customer Name: The City of National City Billing Address: 1243 National City Blvd., National City, CA 91950 Service address: The City of National City -Civic Center, Library, and Police Station. Service Agreement Number: 28110 This Water Treatment Service Agreement ("Agreement") is entered into by Clear Water Technologies, LLC ("Clear Water Technologies") and The City of National City, ("Client") on July 24, 2018. The purpose of the Agreement is to implement and manage a water quality program for the Client to protect its water system from the harmful effects of scale, corrosion, and microbiological growth. Term of the Agreement: Clear Water Technologies will provide water treatment services to the Client from August 1, 2018 through June 30, 2019, unless otherwise modified in writing or canceled by the parties under the terms below. Water Systems: The following water systems are covered under the terms of this Agreement Civic Center: 1- Cooling Tower, 1- Chilled Closed Loop, 1-Heating Closed loop Library: 2- Chilled Water Closed Loops Police Department: 1-Heating closed Loop Scope of the Agreement: Clear Water Technologies will provide the following services to the Client under this Agreement: 1. Monthly on -site water analysis of the systems being treated. 2. Monthly visual inspections of equipment accessible to Clear Water Technologies' representatives. 3. Monthly reporting to facility manager, including full water analysis, system observations, recommendations, and adjustments necessary to maintain the prescribed water and treatment chemistry. 4. Provide on -site training for the Client as required. 5. Provide the Client with information on products, safety information, SDS, technical information, and operator treatment manuals. 6. Provide water treatment products for the above -mentioned systems.' ` Cooling tower product usage under this Agreement is based on average comfort cooling system operating conditions, it also allows for corrosion inhibitor necessary to treat up to 6,000 gallons of loss for the closed loop system. Products: The following CT-1400P 7911 7424 LT-2010 1 1 3 1 2 1 water treatment products and equipment will be provided in this agreement Liquid Tower Treatment Liquid Bromine Biocide Liquid Non -Oxidizing Closed Loop Water Treatment Dual Biocide Conductivity Controllers 3/4" Water Meters Chemical Pumps 15 Gallon Inhibitor Tank 7.5 Gallon Biocide Tanks 3/4" Motorized Bleed Valve The Client agrees to the following terms under this Agreement: 1. Provide Clear Water Technologies with reasonable access to equipment during normal business hours. 2. Make repairs recommended by Clear Water Technologies to the systems to prevent and or minimize loss of water and treatment products. 3. Perform routine maintenance, repairs, and recommended cleanings of all systems, as recommended by system manufacturer, mechanical contractor, and/or Clear Water Technologies. 4. Install or have installed any recommended equipment needed to achieve the prescribed water treatment chemistry. 5. Return the provided equipment that is listed on this agreement, that is owned by Clear Water Technologies in good operating condition, less normal wear and tear, within 30 days of the termination of this agreement. If the Client does not return equipment owned by Clear Water Technologies, the Client agrees to be invoiced for the cost of the equipment. Pricing and Conditions: The Client agrees to pay Clear Water Technologies $475.00 per month for the above products, equipment, services. Freight and taxes are included in the monthly amount. Billing will start on August 15th. All payments are due and payable within 30 days from the date of the invoice. The Client agrees that Clear Water Technologies has no responsibility for the condition of, or damage to, the water treatment system which existed prior to the implementation of products and services under this Agreement. The Client also agrees that a price adjustment may be necessary if operating conditions of the equipment under this Agreement change by more than 10%. The Client will be responsible for payment for any products, equipment, and services delivered or rendered prior to the effective date of termination of this Agreement. Accepted and Agreed to by: The City of National City Representative Clear Water Technologies Representative Print: Print: Signature: Signature: Date: Date: 2 AWRO CERTIFICATE OF LIABILITY INSURANCE CLEARWI OP ID: Cl 1 DATE(MMIDOIYYYY) 07/09/2018 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 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 Wateridge Insurance Services 10717 Sorrento Valley Rd. San Diego, CA 92121 John A. Dorris INSURED Clear Water Technologies, LLC 2220 Otay Lakes Rd #502-107 Chula Vista, CA 91915 NAME: CT Melissa Lichty PHONE 858-200-3347 (AIC. No. En): AEDDRESS: mlichty@wateridge.com INSURER(S) AFFORDING COVERAGE FAX (A/C, No): 858-200-3348 NAIC # INSURER A : Underwriters at Lloyd's London INSURER B:State Compensation Ins.Fund 35076 INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR wvD POLICY NUMBER POLICY EFF 4MM1DD/YYYY),�jMMIDDIYYYY) POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY PGIARK07615-00 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR Y 08/01/2017 08/01/2018 DAMAGTO RENTED PREMISES (Ea occurrence) $ 1r 000 000 X E&O = Claims Made MED EXP (Anyone person) $ 50,000 PERSONAL & ADV INJURY $ 1,000,000 GEM. AGGREGATE X LIMIT APPLIES JE PER: LOC GENERAL AGGREGATE $ 3,000,000 PRODUCTS - COMPIOP AGG $ 3,000,000 $ A AUTOMOBILE — X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS 1 X SCHEDULED AUTOS NON -OWNED AUTOS PGIARK07615-00 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 08/01/2017 08/01/2018 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAR EXCESSLIAB X OCCUR CLAIMS -MADE PGIXS00624-00 EACH OCCURRENCE $ 4,000,000 08/01/2017 08/01/2018 AGGREGATE $ 4,000,000 DED 1 I RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Yjv j OFFICERlMEMBER EXCLUDED? Y (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A Y 9139098-17 X STATUTE I 1 ERH- 08/01/2017 08/01/2018 E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS! LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is requi ed) RE: INSURED'S OPERATIONS PERFORMED UNDER WRITTEN CONTRACT. THE CITY OF NATIONAL CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS ARE NAMED ADDTIONAL INSURED AS REQUIRED BY WRITTEN `SEE ATTACHED NOTEPAD * CERTIFICATE HOLDER CANCELLATION CITYOFN CITY OF NATIONAL CITY c/o RISK MANAGER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950-4397 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NOTEPAD: HOLDER CODE CITYOFN INSURED'S NAME Clear Water Technologies, LLC CLEARWI PAGE 2 OP ID: C1 Date 07/09/2018 CONTRACT WITH RESPECT TO GENERAL LIABILITY. PER PROJECT AGGREGATE APPLIES. WORKERS COMPENSATION WAIVER OF SUBROGATION APPLIES PER ATTACHED. *INSURED DOES NOT OWN ANY VEHICLES. POLICY NUMBER: PGIARK07615-00 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to name as an Additional insured. However, this status exists only for the project specified in that contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule. but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf: in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. Ali work, including materials, parts or equipment furnished in connection with such work. on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed: or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 POLICY NUMBER: PGIARK07615-00 COMMERCIAL_ GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the €o1#cvin9: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional insured Person(s) Or Organizatian(s): Location And Description Of Completed Operations I\ny persons) or organizatio-r(s whore the :Nar'ried insured agrees, in a written contract; to name as an additional insured. However, this status exists only for the project specified in that contract information required to complete this Schectuie. it not shown above. will be sriowurt in the Declarations. Section II — Who Is An Ensured is amended to include as an additional insured the persons) or organization(s) shown in the Schedule. but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work„ at the location designated and described in the schedule of this endorsement performed for that addition& insured and included in the "products -completed operations hazard" CG20370704 7 ISO Properties, Inc., 2004 POLICY NUMBER: PGIARK07615-00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HIRED AUTO AND NONOWNED AUTO LIABILITY SCHEDULE Insurance is provided only with respect to those coverages for which a specific premium charge is shown: Coverage Sublimits of Insurance Additional Premium $1,000.000 Each CLAIM :..::: • ::. <....:...............:. A. Hired Auto Liability $1,000.000 General Aggregate - $1,000,000 Each CLAIM B. Nonowned Auto Liability $1.000,000 General Aggregate Regardless of the number of coverages involved: 1. the Subtimit of Insurance shown in this endorsement for Each CLAIM is the most WE will pay for all loss for DAMAGES and CLAIM EXPENSE arising out of any one CLAIM; and 2. the Subimit of Insurance shown in this endorsement for the General Aggregate is the most WE will pay for all loss for DAMAGES and CLAIM EXPENSE for each POLICY PERIOD. The Sublimits of Insurance shown for A. and B. in the Schedule above are part of. and not in addition to. the Limits of Insurance shown on the Declarations. WE will not be obligated to undertake or defend any SUIT or proceeding: which is subject to the Sublimits of Insurance stated in this endorsement, after the applicable Sublimits of Insurance are exhausted. HIRED AUTO LIABILITY The insurance provided under COVERAGE A (SEC- TION I) applies to BODILY INJURY or PROPERTY DAMAGE arising out of the maintenance or use of a HIRED AUTO by YOU or YOUR EMPLOYEES in the course of YOUR business. NONOWNED AUTO LIABILITY The insurance provided under COVERAGE A (SEC- TION 1) applies to BODILY INJURY or PROPERTY DAMAGE arising out of the use of any NONOWNED AUTO in YOUR business by any person other than YOU. With respect to the insurance provided by this endorsement: The exclusions. under COVERAGE A (SECTION 1), other than exclusions a., b., d., f. and i. are deleted and the following exclusions are added: 1. BODILY INJURY: (a) To an EMPLOYEE of the insured arising out of and in the course of employment by the insured: or (b) To the spouse, child, parent, brother or sister of that EMPLOYEE as a consequence of paragraph (a) above. This exclusion applies: (a) Whether the insured may be liable as an employer or in any other capacity: and (b) To any obligation to share DAMAGES with or repay someone else who must pay DAMAGES because of the injury. This exclusion does not apply to: (a) Liability assumed by the insured under an INSURED CONTRACT; or (b) BODILY INJURY arising out of and in the course of domestic employment by the insured unless benefits for such injury are in whole or in part either payable or required to be provided under any workers compensation law. 2. PROPERTY DAMAGE to: Includes copyrighted material of !SO Properties, inc., with its permission. Copyrght, ISO Properties, Inc.. 1994 Page 1 of 2 PGI EL 022 0210 Page 1 of 2 (a) Property owned or being transported by. or rented or loaned to the insured; or (b) Property in the care. custody or control of the insured. WHO IS AN INSURED (SECTION II) is replaced by the following: Each of the following is an insured under this insurance to the extent set forth below: 1. YOU; 2 Any other person using a HIRED AUTO with YOUR permission; 3. With respect to a NONOWNED AUTO. any partner or executive officer of YOURS, but only while such NONOWNED AUTO is being used in YOUR business: and 4. Any other person or organization, but only with respect to their liability because of acts or omissions of an insured under 1., 2., or 3. above. None of the following is an insured: 1. Any person while performing duties related to the conduct of YOUR business with respect to BODILY INJURY to any co -EMPLOYEE of such person injured in the course of employment; 2. Any person while performing duties related to the conduct of YOUR business with respect to BODILY INJURY to any EMPLOYEE injured in the course of employment; 3. Any partner or executive officer with respect to any AUTO owned by such partner or officer or a member of his or her household; 4. Any person while employed in or otherwise engaged in duties in connection with an AUTO BUSINESS. other than an AUTO BUSINESS YOU operate: 5. The owner or lessee (of whom YOU are a sublessee) of a HIRED AUTO or the owner of a NONOWNED AUTO or any agent or EMPLOYEE of any such owner or lessee: or 6. Any person or organization with respect to the conduct of any current or past partnership. joint venture, or limited liability company that is not shown as a NAMED INSURED in the Declarations. The following additional definitions apply: AUTO BUSINESS means the business or occupation of selling, repairing; servicing. storing or parking AUTOS. HIRED AUTO means any AUTO YOU lease, hire, rent or borrow. This does not include any AUTO YOU lease, hire, rent or borrow from any of YOUR EMPLOYEES or members of their households. or from any partner or executive officer of YOURS. NONOWNED AUTO means any AUTO YOU do not own, lease, hire, rent or borrow which is used in connection with YOUR business. However, if YOU are a partnership. a NONOWNED AUTO does not include any AUTO owned by any partner. includes copyrighted material of ISO Properties, Inc.. with its permission. Copyright, ISO Properties. Inc.. 1994 PGI EL 022 0210 Page 2 of 2 POLICY NUMBER: PGIARK07615-00 COMMERCIAL GENERAL LIABILITY CG 25 03 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: Any project when the Named Insured agrees, in a written contract, to provide a separate Designated Construction Project General Aggregate Limit. However, this status exists only for the project specified in that contract. In no event shall the Aggregate Limit of Insurance provided by this endorsement exceed $5,000,000 in total. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION I), and for all medical expenses caused by acci- dents under COVERAGE C (SECTION I), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggre- gate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Desig- nated Construction Project General Aggre- gate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Decla- rations nor shall they reduce any other Des- ignated Construction Project General Aggre- B. C. gate Limit for any other designated construc- tion project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Ex- pense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Con- struction Project General Aggregate Limit. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION I), and for all medical expenses caused by acci- dents under COVERAGE C (SECTION I), which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -Completed Operations Ag- gregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Construction Project General Aggre- gate Limit. When coverage for liability arising out of the "products -completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -Completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Construction Project General Aggregate Limit. 1. CG 25 03 03 97 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 2 ENDORSEMENT AGREEMENT STATE N, u p A N C G FUND HOME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME WAIVER OF SUBROGATION BLANKET BASIS EFFECTIVE AUGUST 1, 2017 AT 12.01 A.M. AND EXPIRING AUGUST 1, 2018 AT 12.01 A.M. CLEAR WATER TECHNOLOGIES, LLC 2220 OTAY LAKES RD CHULA VISTA, CA 91915 9139098-17 RENEWAL SP PAGE 1 OF 1 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. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: JULY 20, 2017 AUTHORIZED REPRESENTAnIVE PRESIDENT AND CEO SCIF FORM 10217 IREV.7-2014) 2572 OLD OP 217 Form (Rev. December 2014) C= «L ra,taf1 eTreasel 'MemelRevenue Service Request for Taxpaye2 Identification Number and Corti# c qa Give Form to The requester. Co nat send to the ii S. 1 tame (as shown onyotr income tax return). Name is required on tls Om do not leave this Eris blank car Investments, LLC 2 dress ner'neidsre entity name, if different from ai rive Clear Water Technologies, LLC 3 Check a pr cprae box for federal tax classification; check only care of the fc1ov.ng s,.ren boxes: ❑ ii p iduai/sc proprietor or �, C Corporator' Q S Corporation 0 Partnership 0 Tnj rate 0 Limited t- .a•TrFy company. Enter Me tax casritcatien ji--C. corporation, S=S ccrporatfcn, P=psnnersh'td) is f Note. Fora single-mernb LLC that is disregarded, do not check LLC; check the appropriate box in the line above for the tax won of the single-mend.-,er owner. [t ct fir (see irrsivctions) D 4 Fz.‘,'nptics (cedes apply only to certain woes, not n4vis-arm: see instructions on pat 3k EXampt parse =tier atp't ExemptionfromFATCA reportingany) code cif 5 Address (number. sorest, and apt. cr suite nc.) 2220 Otay Lakes RD, #502-107 5 City, state, and ZIP code Chula Vista, CA 91915 P eaters name and address (dray) 7 List account nurnber+s) here (oaticr z3) Part Taxpayer iderrtification Number (TN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For kufrvicluals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, seethe Part l instructions an page 3. For other enfties, it is your employer identification number (EIN). if you do not have a number, see How to get a 371,1 on nags 3. Mote. if he account is in more than one name, see the instructions for fine 1 and the chart on page 4 for guidelines on whose nt'n ber to enter. or Moyer identification number 4 6 6 8 Cer6ftcatioit 91416 0 tinder petrrtes of perjury, I certify that 1. The number shown on this fcsn i is my correct taxpayer itierrtiica50n number (cr I am citing fora number to be issued to me); and 2. I am not subject to backup withholding because: (a) am exempt from backup withholdng, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup wiihirokfing as a result of a failure to report all interest or dividends, or (c) the IRS has netted me that I am no longer subject to backup withholding and 3. l am a U.S.. citn cr otter J.S. person (defied below); anti 4. The FATCA cdde(s) entered on this form (If any) indicating that I am exempt from FATCA reporting is correct. Ceriifi on instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report ail interest and dviderds on your fax return. For real estate transactors, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt; cntrbutions to an individual r trwrwnt arrangement ('aP . and generally, payments other than interest and dividends, you are not required to sign the certifrcaiicn, but you must provide your correct TIT. See the instructions en page 3. Sign signature of s4.ere i Iles. person A % ^ ✓°�'�' /� `� i.� General instructions Sac on referemes are to the internal Revenue Code unless otherwise noted. Future developments. information about de.Jeiiopments afie t Iing Form W-9 (such as legislation enacted after we release it) is at wsnsirs.govliw9. Purpose of Form Frye lhistust or entciy (Form Wf-9 regi estal who is recaeed to tile an info., north ,. rea vn with the IRS must obtain your correct taxpayer identifrration number (TIN which rimy be your social secrarfy number (SSN). indrsicetral taxpayer xlentification number (Win adap,itnt taxpayer identification number (A71* or employer s`ersta�e dicer number (EiiN), to report on an infcrrnation return the amount paid to you, or other amount reportable on an information return. Examples cf infom"dlcn returns hides bta are not fknfed to the fcvowin Forma 10r3 tNT interest earned or pair) Form 1099-D1U (dividends. inducting those from stocks cr mutual funds) Q Form 1 C39-MiSC (various tyres of incomee, prizes, aslards, or gross proceeds) Farm 1099-B (stock or mutual fund sates and certain other transactions by brokers) Fcrrn 10t?S (crcceads fr;rn reel pie aansact'xr.•s) Fctrrt 1099-if (me -chant card and third tarty network act on ) 00 1 o Form 1098 (home mortgageiAterest, 1 E (studrt loan initlesa4,1098-: teflon) v Form 1099-C (canceled debt) o Form 1099-A (acquisition or abandcmrant of secured pracer<y) Use Foam W-9 only it you are a U.S. parson fineudi g a resident ail ), to provide your correct T:td_ tf you do not retook Fork W-9 as are regz. fir with a T'.N, you rniebt be a: ;fact to backup viititc1cTng. See Whet is trecri p wftlituk 3 g?cn page 2. Sy signing the fed -cut form. ycrr 1. OHO/ Ira the. Tie you are giving is cexract (or you are waiting for a nurraeer to be ), 2_ Certify that you are not sue act to backup arlhhc.'drn3, cr 3_ Cleim exaipticn from backup v+ithhoka:g y you are a U.S. exerrpi payee. if applicable, you are also certifying that as a U.S. person. your allocable share of any "tnership Income frctn a LLS. irsde or h...i.ns S rot satbisct to the withbor.'.ng tax on .,reign perners' i:.:are of erecthrely corn tea income, and 4. Certify that FATCA cadets) entered on this form rri any indlm „g That you are ice npt from rise FATCA reporting, is correct See Y Fat a FATCA repYria y % Cr) page 2 for further inicrm2Uor Cat. No. 10231X Form 0 (Rev. 12-2014) CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk October 3, 2018 Mr. David Visser Clear Water Technologies, LLC 2220 Otay Lakes Road, #502-107 Chula Vista, CA 91915 Dear Mr. Visser, On July 23, 2018, a Short Form Services Agreement was entered into between the City of National City and Clear Water Technologies, LLC. We are enclosing for your records a fully executed original Agreement. Sincerely, N-2 Michael R. Dalla, CMC City Clerk Enclosure