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HomeMy WebLinkAbout2019 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 1st day of July, 2019, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), 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 the following services as outlined in attached proposal, Exhibit "A". 2. Length of Agreement. The schedule is set forth below: The duration of this Agreement is from July 1, 2019 through June 30, 2020. 3. Compensation. The total compensation to CONTRACTOR for providing the services set forth herein shall not exceed an annual total cost of $7,000. The compensation for CONTRACTOR'S work shall be based upon and not exceed the rates stated 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. 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. Dj 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. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. 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 List of Approved Surplus Line Insurers ("LASLI") 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 insurance policies required by this Section 7 in full force and effect at all times during the term of this Agreement, the CITY Standard Short Form Agreement Page 2 of 6 City ofNationa(City and Revised May 2019 Clear Water Technologies LLC FY20 may 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. CITY reserves the right to modify the insurance requirements of this Section 7, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. L. If the CONTRACTOR maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY 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. To the maximum extent provided by law, 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. EMPLOYEE PAYMENTS AND INDEMNIFICATION. 9.1 PERS Eligibility Indemnification. If CONTRACTOR's employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. CONTRACTOR'S employees providing service under this Agreement shall not: (1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONTRACTOR's employees hereby waive any claims to benefits or compensation described in this Section 9. This Section 9 applies to CONTRACTOR notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary. Standard Short Form Agreement Page 3 of 6 City of National City and Revised May 2019 Clear Water Technologies LLC FY20 9.2 Limitation of CITY Liability. The payment made to CONTRACTOR under this Agreement shall be the full and complete compensation to which CONTRACTOR and CONTRACTOR's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONTRACTOR nor CONTRACTOR's officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required to pay any workers' compensation insurance on behalf of CONTRACTOR. 9.3 Indemnification for Employee Payments. CONTRACTOR agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of (1) CONTRACTOR, (2) any employee of CONTRACTOR, or (3) any employee of CONTRACTOR construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement. 10. 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. 11. Business License. CONTRACTOR must possess or shall obtain business license from National City Finance Department before beginning work. 12. Prevailing Wages. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. CONTRACTOR is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 13. Administrative Provisions. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. 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. C. 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. D. 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. Standard Short Form Agreement Page 4 of 6 Revised May 2019 City of National City and Clear Water Technologies LLC FY20 E. 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. F. 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. G. Assignment & Assumption of Rights. CONTRACTOR shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY. H. 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. I. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California. The CONTRACTOR shall comply with all laws, including federal, state, and local laws, whether now in force or subsequently enacted. J. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. K. 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. L. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. M. 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. /// /// /// Standard Short Form Agreement Page 5 of 6 Revised May 2019 Clear Water Technologies LLC FY20 City of National City and N. 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. IN WITNESS WHEREOF, this Agreement is executed by CITY and by CONTRACTOR on the date and year first above written. CITY OF NATIONAL CITY CLEAR WATER TECHNOLOGIES, LLC By: B , City Manager APPROVED AS TO FORM: By: 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 By: (Nape) /f1-e----- (Print) r (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 Standard Short Form Agreement Page 6 of 6 City of National City and Revised May 2019 Clear Water Technologies LLC FY20 EXHIBIT A ,°` CLEAR TATER 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 ofNational City, ("Client") on June 6, 2019. 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 July 1, 2019 through June 30, 2020, 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: 1- Chilled Closed Loop, 1- Heating Closed Loop 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. EXHIBIT A 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 Controller '/1" Water Meter Chemical Pumps 15 Gallon Inhibitor Tank 7.5 Gallon Biocide Tanks '/a" 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 July 15'1'. 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 CLEARWI OP ID_ C1 AC_ORL CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD1YYYY) 09/11/2018 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 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 Wateridge Insurance Services 10717 Sorrento Valley Rd. San Diego, CA 92121 John A. Dorris 858-452-2200 INSURED Clear Water Technologies, LLC 2220 Otay Lakes Rd 02-10T Chula Vista, CA 91915 , AlecT John A. Dorris NAME: - - --- -------------._- PHONE 858-452-2200 (A1C, No, Extr ADDRESSjdorrisewateridge.com __INSURER(S)AFFORDING COVERAGE INSURER A :Underwriters at Lloyd's London INSURER B:State Compensation Ins.Fund FAX . No): 858-452-6004 N*JCC 35076 INSURER G;_-. INSURER Q; INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED INSR TYPE OF INSURANCE ADOL SUBR POLICY NUMBER LTRALSO WVD ISSUED TO THE INSURED CONTRACT OR OTHER THE POLICIES DESCRIBED BY PAID CLAIMS. POLICY EFF POLICY EXP (MM1DDrYYYY,I lMM/DDIYYY`Q NAMED ABOVE FOR THE POLICY PERIOD DOCUMENT WITH RESPECT TO WHICH THIS HEREIN IS SUBJECT TO ALL THE TERMS, LIMITS A X COMMERCIAL GENERAL LIABILITY OCCUR y PGIARK07615-01 made PGIARK07615-01 08/01/2018 08101/2019 08/01/2018 08/01/2019 EACH OCCURRENCE $ 1,000,000 x CLAIMS -MADE E&O Claims AGE TO RENTED PPRREMSES (Ea occurrence) MEDEXP(Anyoneperson) $ $ 100,000 10,000 1,000,000 PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER LOC I J LOC GENERAL AGGREGATE $ 3,000,000 POLICY ii 1 EC PRODUCTS - COMPIOP AGG $ 3,000,000 OTHER: MO 1,000,000 A AUTOMOBILE ,___ _ X��Ep LIABILITY ANY AUTO OWNED AUTOS ONLY AUTOS ONLY X PGIARK07615-01 SCHEDULED AUTOS pp AUUTOS ONE 08/01/2018 08/01/2019 COMBINED SINGLE LIMIT (Ea accident)$ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident)_ $ PROPERTY DAMAGE (Per accident) $ A UMBRELLALIAB X EXCESSLIAB OCCUR CLAIMS -MAUL PG1XS00624-01 08/01/2018 08/01/2019 EACH OCCURRENCE $ 4,000,000 _ X AGGREGATE $ 4,000,000 DEO RETENTION S $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 9139098-18 ANY PROPRIETORIPARTNER/EXECl1TIVE Y 1 NI y OFFICER/MEMBER EXCLUDED? N 1 A (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below 08/01/2018 08/01/2019 X TH- SiATtnE E.L. EACH ACCIDENT' $ 1,000,000 EL. DISEASE - EA EMPLOYEE $ 1,000,000 E-L. DISEASE - POLICY UMrr $ 1,000,000 DESCRIPTION OF OPERATIONS! LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space is required) 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 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NOTEPAD: HOLDER CODE CITYOFN CLEARW1 PAGE 2 INSURED'S NAME Clear Water Technologies, LLC OP ID: C1 Date 0911112018 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 PGIARK07615-01 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. 8. 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. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 POLICY NUMBER PGIARK07615-01 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 following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed 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. 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" 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 additional insured and included in the "products - completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 POLICY NUMBER PGIARK07615-01 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- gate Limit for any other designated construe 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. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION 1), 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: 1. 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. C. 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. CG 25 03 03 97 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 2 ENDORSEMENT AGREEMENT STATE t:c MFr N..-n on 1 I; !i U C A hl - c FUND IlOME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 12:D1 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME WAIVER OF SUBROGATION BLANKET BASIS 9139098-18 RENEWAL SP EFFECTIVE AUGUST 1, 2018 AT 12.01 A.M. PAGE 1 OF 1 AND EXPIRING AUGUST 1, 2019 AT 12.01 A.M. CLEAR WATER TECHNOLOGIES, LLC 2220 OTAY LAKES RD CHULA VISTA, CA 91915 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 WRuTTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.OQ% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREEII 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: J U LY, 20, 2018 AUTHORIZED REP FIE SENT AIf'IVE PRESIDENT AND CEO SCIF FORM 10217 REV.7-20141 2572 OLD OP 217 State of California De artment of Industrial Rel (https:4", ,1 ! .r.ca.gov/) g ) Contractor Information Legal Entity Name CWT INVESTMENTS, LLC Legal Entity Type LLC Status Active Registration Number 1000063555 Registration effective date 07/01/19 Registration expiration date 06/30/20 Mailing Address 2220 OTAY LAKES ROAD #502-107 CHULA VISTA 91915 ... Physical Address 2220 OTAY LAKES ROAD #502-107 CHULA VISTA 91915 ... Email Address angela@clearwatertech.com Trade Name/DBA CLEAR WATER TECHNOLOGIES, LLC License Number (s) Back to Legal Entity Information Corporation Entity Number: Federal Employment Identification Number: Member name(s): Member Legal Name: Member Legal Entity Type: Agent for service: Agent of Service Name: Agent of Service Mailing Address: Worker's Compensation Registration Histor Effective Date Expiratior 01/23/19 07/01/19 DIR» (https://www.dir.ca.gov/) 46-1689468 DAVID VISSER LLC 06/30/19 06/30/20 CLEAR WATER TECHNOLOGIES LLC 2220 OTAY LAKES ROAD #502-107 Si Do you lease employees through Professional Employer Organization (PEO)?: No Please provide your current worker's compensation insurance information below: PEO PEO PEO PEO InformationName Phone Email Insured by Carrier Policy Holder Name: Insurance Carrier: Policy Number: Inception date: Expiration Date: CLEAR W STATE CC 9139098 08/01/1, 08/01/1' About DIR Work with Us Learn More Who we are Jobs at DIR Acceso al idioma (https://www.dir.ca.gov/abo(1tttOiivii)vw.dir.ca.gov/dirjc(b dittabant tinPa.gov//BilinguaI- Services- Act/default.html) DIR Divisions, Boards Licensing, & Commissions registrations, (https://www.dirca.gov/divisieridiczticbnpr&csarnsittml) Frequently Asked Contact DIR (https://www.dir.ca.gov/pertilitaastions license - (https://www.dir.ca.gov/faqslist.html) (https://www.dir.ca.gov/Co taclus.htmrtirica �.html) Site Map Required Notifications (https://www.dir.ca.gov/sitemap/sitemat (https://www.dir.ca.gov/dosh/Required- Notifications.html) Public Records Requests (https://www.dir.ca.gov/pra_request.html) Back to Top Disclaimer (https://www.dir.ca.gov/od_pub/disclaimer.html) Accessibility (https://www.dir.ca.gov/od_pub/accessibility.html) Contact Us (https://www.dir.ca.gov/ContactUs.html) Conditions of Use (https://www.dir.ca.gov/od_pub/conditions.html) Privacy Policy (https://www.dir.ca.gov/od_pub/privacy.html) Site Help (https://www.dir.ca.gov/od_pub/help.html) (https://www.facebook.com/CaliforniaDlR) (https://twitter.com/#!/CA_DIR) CONTRACT TRANSMITTAL FORM (Attach to Documents dropped off to City Clerk's Office) Date: 1 2i " From (Dept.): OM iC— UOCV-C Submitted by (First Initial, Last Name): e_ • nY* e/ v Vendor: li' 1 n o0,yk e J u- c Resolution: YES / (NO 2 3 4 Originals Provided to City Clerk (circle quantity) Department has copy Vendor has copy 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 CLEAR WATER TECHNOLOGIES Water Treatment Services Charlotte Andrew (Engineering/Public Works) forwarded a duplicate original Agreement to Clear Water Technologies.