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R2023-203 2023-09-25RESOLUTION NO. R2023-203 A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract with LJA Environmental Services, LLC, for professional services associated with the Environmental Protection Agency (EPA) new requirement to comply with the Revised Lead and Copper Rule, in the estimated amount of $120,000.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for professional services associated with the EPA’s Revised Lead and Copper Rule compliance, a copy of which is attached hereto as Exhibit “A” and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract for professional services associated with the with the EPA’s Revised Lead and Copper Rule compliance. PASSED, APPROVED and ADOPTED this the 25th day of September, A.D., 2023. ________________________________ J.KEVIN COLE MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 9B4B004F-F6BC-43DC-A994-EF092B76B63B }’ROI\']‘lSSlONAL SERVICES A(i'iREEMEN'l‘ Cuntraetft P[)9Z3~1(i This PRUIWLSSIUN/\L SERVICES /\GlUClClVIENT(“Agreetrient”)is made and entered into by and between the CITY OF PEARLAND (“City"),a Texas home rule municipal corporation and L.lA vironmental Services,l,li(7 (“(Ionsultant"),located at 14701 St.Mary's liane,Suite 400,Houston TX 77079;each individually referred to a,‘party’and collectively referred to as the “parties ” A(}R.l:ll.‘ML‘lt\"l'1)()CUMl:,Nl'S: 'I‘lie Agreement documents shall include the following: This Vendor Services Agreelilciit; Exhibit A —seiiheof Services; i~:xhitiitit Price Schedule;and l"iXl'\\lJIlc vei-ii dtiuh er Signature Authority ruim. bwwe Lxhibits A,J3 and C,which are attached hereto and incorporated herein,are made a putt ofthis Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhiliits A,B or C and the terms and conditions set forth in the body ofthis Agreement,the terms and conditions ofthis Agreement shall control. 1.riitiiihit “A3”.Scope of Services more speci?cally describes the services to be providetl lteI'euY\(leI’. 2.Term.This AgI'cL:mt:nl.hall begin (m the date Signed by the City Manager below (~r,i‘t'eetivel')ate”)iiiiti Shall expire eh September 25,2024 (“Fixpiratitinmite"),uiite.-5this Agreement is Utllcrwlsc Uxtcntlcd ei temiiiiuteii in ueeiutitiuee with the tC|‘mS speci?ed l1L)rClI1.City shall hiive the Option in its sole discretion,to r5rIE5\V this Agreement uiitiet the same terms and Cnntlltlmls,set up to Zero (0)uiie year ieiiewiii options,at City’s Stile(‘llSCi’eti(‘nI, 3.Compensation.City shall pay Vendor in accordance with the fee schedule of Vendor personnel who perfonri services under this Agreement in accordance with the provisions oftliis Agreement and Exhibit “B,” —Price Schedule.Total payment made iiniler this Agreement for the by City shall be in an amount up to $l20,(!(ltl.U0,Payments for the following years shall be as described in Exhibit I1.Vendor shall not perform any additional services or bill for cxpenses incurred for City not specified by this Agreement unless City requests and approves in Writing the additional costs for such services.City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. 4-Ierminatinn. 4.]Written Notice.City or Vendor may terminate this Agreement at any time and foray reason by providing the other party with 30 days‘written notice oftcrmination. 4.2 Non-appropriation of Funds.In the event no funds or insufficient funds arcappropriated by City in any ?scal period for any payments due hereunder,City will notify Vendorot”such occurrence and this Agreement shall terminate on the last day of the ?scal period for whichappropriatinns were received without penalty or expense to City of any kind whatsoever,except asto the portions of the 4,3 Ditg?rg?ghg?ns of the Parties.In the event that this Agreement is terminatedpriortotheExpirationDate,C y shall pay Vendor for services actually rendered up tothe effective dateofterminationandVendorshallcontinuetoprovideCitywithservicesrequestedbyCityandinaccordancewiththisAgreementuptotheeffectivedateoftermination.Upon termination of thisAgreementforanyreason,Vendor shall provide City with copies of all completed or partially completeddocumentspreparedunderthisAgreement.In the event Vendor has received access to City InformationPruicsslorialServices DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 taxes on behalf of itself,and any ofits officers,agents,sew-ants,employees or sub-Vendor. 8.1 -VENDOR SIIALL BE LIABLE AND RESPONSIBLE FOR A N YAND ALL PROPER TY LOSS,PROPER TY DAMA GE AND/OR PERSONAL IN]UR Y,INCL UDING DEA TH,TO ANYAND ALL PERSONS,OFANYKIND OR CHARA CTER,WHETHER REAL OR ASSERTED,TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S)OR OMISSION(S), MALFEASAN CE OR IN TEN TI ONAL MISCONDUC T OF VENDOR,ITS OFFICERS,A GENTS, SER VANTS OR EMPLOYEES. 3.2 -VENDOR HEREBY COVENANTS AND A GREES TO INDEMNIF Y,HOLD HARMLESS AND DEFEND CITY,ITS OFFICERS,A GENTS, SERVANTS AND EMPLOYEES,FROMANDAGAINSTANYANDALL CLAIMSOR LAWSUITS OFANYKIND OR CHARACTER,WHETHER REAL OR ASSERTED,FOREITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR’S BUSINESS AND ANY RESULTING LOST PROFITS)AND/OR PERSONAL INJURY,INCLUDING DEATH, TO ANY AND ALL PERSONS,ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,TO THE EXTENT CAUSED BY THE NEGLIGENTACTS OR OMISSIONS OR MALFEASANCE OF VENDOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES. 3-3 *V9“d0F agrees to defend» settle,or pay,at its own cost and expense,any claim or action against City for infringement of any patent,copyright,trademark,trade secret,or similar property right arising from City's use of the software and/or documentation in accordance with thisAgreement,it heing understood that this agreement to defend,settle or pay shall not apply if City modi?es or misuses the software and/or documentation.So long as Vendor bears the cost and expense of payment for claims or actions against City pursuant to this section,Vendor shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim;however,City shall have the right to fully participate in any and all such settlement,negotiations,or lawsuit as necessary to protect City’s interest,and City agrees to cooperate with Vendor in doing so.In the event City,for whatever reason,assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement,City shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise andto settle or compromise any such claim;however,Vendor shall fully participate and cooperate with City in defense of such claim or action.City agrees to give Vendor timely written notice of any such claim or action,with copies ofall papers City may receive relatingthereto. Notwithstanding the foregoing,City’s assumption of payment of costs or expenses shall not eliminate Vendor’s duty to indemnify City under this Agreement.If the software and/or documentation or any part thereofis held to infringe and the use thcreol'is enjoined or restrained or,if as a result of a settlement or compromise,such use is materially adverselyrestricted,Vendor at its own expense and as City's sole remedy,either:(a)procure forCity the right to continue make it non-infringing,provided that such modi?cation does not materially adversely affect City'sauthorizeduseofthesoftwareand/or documentation;or (c)replace the software and/ordocumentationwithequallysuitable,compatible,and functionally equivalent non-infringingsoftwareand/or documentation at noadditional charge to City;or (d)if none of the foregoingalternativesisreasonablyavailabletoVendorterminatethisAgreement,and refund all amountspaidtoVendorbyCity,subsequent to which termination City may seek any and all remediesFmlcssmnalServices DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 available to City underlaw. 9.Assjgnm gm an[1Q]hggm :_a_e1j_ng. 9.1 Assignment.Vendor shall not assign or subcontract any of its duties,obligations or rights under this Agreement without the prior written consent of City.If City grants consent to an assignment,the assignce shall execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement,Vendor and Assignee shall bejointly liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract.If City grants consent to a subcontract,sub-Vendor shall execute a written agreement with Vendor referencing this Agreement under which sub-Vendor shall agree tobe bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor shall provide City with a fully executed copy of any such subcontract. 10..Vendor shall provide City with certi?eate(s)of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: 10.1 Coverage and Limits (a)Commercial General Liability: $1,000,000 ~Each Occurrence $2,000,000 -Aggregate (b)AutomobileLiability: $1,000,000 -Each occu.rrence on a combined single limit basis Coverage shall be on any vehicle used by Vendor,its employees,agents,representatives in the course of providing services under this Agreement.“Any vehicle”shall be any vehicle owned,hired and non-owned. (c)Worker's Compensation: Statutory limits according to the Texas Workers’Compensation Act or any other state workers’compensation laws where the work is being performed ((1)Professional Liability (Errors &Omissions): $1,000,000 — Each Claim Limit$1,000,000 -Aggregate LimitProfessionalLiabilitycoveragemayhe provided through an endorsement to theCommercialGeneralLiability(CGL)policy or a separate policy speci?c to ProfessionalE&O.Either is acceptable ileovcrage me s all other requirements.Covcragc shall beclaims-made and maintained for the duration of the eontractualagreement and for twoProiesslonalSETVHIES DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 (2)years following completion of services provided.An annual certi?cate of insurance shall be submitted to City to evidence coverage. 10.2 General Requirements (a)The commercial general liability and automobile liability policies shall name City as an additional insured thereon,as its interests may appear.The tem1 City shall include its employees,officers,of?cials,agents,and volunteers in respect to the contracted services. (b)The workers‘compensation policy shall include a Waiver of Subrogation(Right of Recovery)in favor of City. (c)A minimum of Thirty (30)days’notice of cancellation or reduction in limits of coverage shall be provided to City.Ten (10)days’notice shall be acceptable in the event of nonpayment of premium.Notice shall he sent to the Risk Manager,City of Pearland,3519 Liberty Drive,Pearland Texas 77581,with copies to the Pearland City Attorney at the same address. (d)The insurers for all policies must be licensed and/or approved to do business in the State of Texas.All insurers must have a minimum rating ofA-Vllin the current AM. Best Key Rating Guide or have reasonably equivalent financialstrcngth and solvency to the satisfaction of Risk Management.If the rating is below that required,written approval of Risk Management is required. (e)Any failure on the part of City to request required insurance documentation shall not constitute a waiver of the insurance requirement. (0 Certi?cates of Insurance evidencing that Vendor has obtained all required insurance shall be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. ll.§ggmplignyg gyjth Lggyg Qgginagggg E};g;gng Reg]lafggs.Vendor agrees that in the performance of its obligations hereunder,it shall comply with all applicable federal,state and local laws, ordinances,rules and regulations and that any work it produces in connection with this Agreement will alsoeomply with all applicable federal,state and local laws,ordinances,rules and regulations.If City noti?es Vendor of any violation of such laws,ordinances,rules or regulations,Vendor shall immediately desist from and correct the violation. 12.n-Di‘rimin-'n n-n .Vendor,for itself,its personal representatives,assigns,sub Vendors and successors in interest,as part ofthe consideration herein,agrees that in the perfonnancc ofVcnder‘s VIOLATION OF THIS NON-DISCRINHNATION COVENANT BY VENDOR,ITS PERSONALREPRESENTATIVES,ASSIGNS,SUBVENDORSS OR SUCCICSSORS IN INTEREST,VENDORAGREESTOASSUMESUCIILIABILITYANDTOINDEMNIFYANDDEFENDCITYANDHOLDCITYIIARMLESSFROMSUCHCLAIM.13.Mums.Notices required pursuant to the provisions of this Agreement shall be conclusivelyProfessionalServices DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 determined to have been delivered when (1)hand-delivered to the other party,its agents,employees,servants or representatives,(2)delivered by t mile or email with electronic confirmation of the transmission,or (3) received by the other party by United States Mail,registered,return receipt requested,addressed as follows: __To VENDOR: To CITY:l,lA llnvrromnental Services,LLC 14701 St.Mary’s Lane,Suite 400 City of Pearland l louston,TX 77079 Attn:City Manager Contact:Dyer Sehlitzkus 3519 Liberty Dr. Pearland,TX 77581 With copy to Pearland City /\ttor'ncy’s Office atsame address 14.Neither City nor Vendor shall,during the term of thisAgreement and additionally for a period of one year after its temiination,solicit for employment or employ, whether as employee or independent contractor,any person who is or has been employed by the other during the term of this Agreement,without the prior written consent of the person's employer.Notwithstanding the foregoing,this provision shall not apply to an employee of either party who respondsto a general solicitation of advertisement of employment by either party. 15..It is understood and agreed that by execution of this Agreement,City does not waive or surrender any of its governmental powers or immunities. 16.No ?aj1g,|;.The failure of City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. l7.This Agreement shall he construed in accordance with the lawsof the State of Texas.If any action,whether real or asserted,at law or in equity,is brought pursuant to thisAgreement, venue for such action shall lie in state courts located in Brazoria County,Texas or the United States District Court for the Southern District of Texas,Pearland-Houston Division. 18.Sgygra hiliu.If any provision ofthis Agreement is held to he invalid,illegal,or unenforceable, the validity,legality and enforceability ofthe remaining provisions shall not in any way bcaffeeted or impaired. 19.City and Vendor shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement,but shall not be held liable for any delay or omissinnin performance due to force majeure or other causes beyond their reasonable control,including,but not limited to,compliance and/or any other similar causes.20.Hggdingg not g gntygllipg.lleadings and titles used in this Agreement are for referencepurposesonly,shall not be deemed a part of this Agreement,and are not intended to define or limit the scope ofanyprovisionofthisAgreement.Proiesslonal Sen/ices DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 21.The parties acknowledge that each party and its counsel havereviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the dra?ing party shall not be employed in the interpretation of this Agreement or Exhibits A, B,and C. 22.No amendment,modi?cation,or extension ofthis Agreement shall be binding upon a party hereto unless set forth in a written instrument,which is executed by an authorized representative of each party. 23.This Agreement,including Exhibits A,B and C,contains the entire understanding and agreement between City and Vendor,their assigns and successors in interest,as to the matters contained herein.Any prior or contemporaneous oral or written agreement is hereby declarednull and void to the extent in con?ict with any provision of this Agreement. 24..This Agreement may be executed in one or more counterparts and each counterpart shall,for all purposes,be deemed an original,but all such counterparts shall together constituteone and the same instrument. 25..Vendor warrants that its services will be of a high quality and conform to generally prevailing industry standards.City must give written notice of any breach of this warranty within thirty (30)days from the date that the services are completed.In such event,at Vcndor’s option,Vendor shall either (a)use commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty,or (b)refund the fees paid by City to Vendor for the nonconforming services. 26.Vendor shall verify the identity and employment eligibilityof its employees who perform work under this Agreement,including completing the Employment Eligibility Verification Form (I-9).Upon request by City,Vendor shall provide City with copies of all I~9 forms and supponing eligibility documentation for each employee who performs work under this Agreement.Vendor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services.VENDOR SHALL INDEMNIFY CITY AND IIOLD CITY HARMLESS FROM ANY PENALTIES,LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF TIIIS PARAGRAPH BY VENDOR,VENI)0R’S EMPLOYEES,SUBCONTRACTORS,AGENTS,OR LICENSEES.City,upon written notice to Vendor, shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. 27.gmnggship gt ?ggk lggggjm-1.City shall be the sole and exclusive owner of all reports,work papers,procedures,guides,and documentation,created,published,displayed,and/or produced in conjunction with the services provided under this Agreement (collectively,“Work Product”).Further,Cityshall be the sole and exclusive owner of all copyright,patent,trademark,trade secret and other proprietaryrights in and to the Work Product.Ownership of the Work Product shall inure to the bene?t of City from the date of conception, creation or ?xation of the Work Product in a tangible medium of expression (whichever occurs first).Each copyrightable aspect of the Work Product shall be considered a "work-rnade-for-hire"within the meaning of the Copyright Act of 1976,as amended.If and to the extent such Work Product,or any part thereof,is not considered assigns to City right,to Work copies thereof,in andtothecopyright,patent,trademark,trade secret,and all other proprietary rights therein,that City may have orobtain,without further consideration,free from any claim,lien for balance due,or rights of retention thereto onthepartofCity.Professional Services DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 28.The person signing this Agreement hereby warrants that he/she hasthe legal authority to execute this Agreement on hehalf of the respective party,and that such binding authority has been granted by proper order,resolution,ordinance or other authorization of the entity.This Agreement and any amendment hereto,may be executed by any authorized representative of Vendor whosename,title and signature is affixed on the Veri?cation of Signature Authority Form,which is attached hereto as Exhibit “C”.Each party is fully entitled to rely on these warranties and representations in enteringinto this Agreement or any amendment hereto. 2‘).Vendor shall notif y City’s Purchasing Manager,in writing,of a company name,ownership,or address change for the purpose of maintaining updated City records. The president of Vendor or authori7ed of?eial must sign the letter,A letter indicatingchangcs in a company name or ownership must be accompanied with supporting legal documentation suchas an updated W-9,documents ?led with the state indicating such change,copy of the board of director’s resolution approving the action,or an executed merger or acquisition agreement,Failure to provide the speci?ed documentation so may adversely impact future invoice payments. 30.. If Vendor has fewer than 10 employees or this Agreement is forless than $100,000,this section does not apply.Vendor acknowledges that in accordance with Chapter 2270 of the Texas Government Code,the City is prohibited from entering into acontract with a company for goods or services unless the contract contains a written veri?cation from the company that it:(1)does not boycott Israel;and (2) will not boycott Israel during the term ofthe contract.The terms “boycott Israel”and “company”shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code.By signing this contract, Vendor certi?es that Vendor’s signature provides writtenveri?eation to the City that Vendor:(1)does not lmycott Israel;and (2)will not boycott Israel duringthe term of the contract. IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples. (signature pugefnllmvs) Prniossiorial Services DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 ACCEPTED AND AGREED: CITY OF PEARLAND: By: Name Title:City Managet Date:.2023 APPROVAL RECOMMENDED: By: Name: -rm»: ATTEST: By: ‘Name: Title:City Secrelary VENDOR: LIA Environmental Scrviccs,LLC Suxa_KFTPr—nor,esnaenl APPROVED By Susan Alford at 3:35 pm,Sep 20,202.’! Pmvsmnaw Serwcss CONTRACT COMPLIANCE MANAGER: By signing I ncknowledgc that!Im the person rcsponsiblc (or memonilonng and wminimnon of Ihis conlrul,including ensuring all pctformnncz and mpnrlingr:q\|irc1nr:nIs. By: Name: Title: APPROVED AS TO FORM AND LEGALITY: By: Name: Title:Assislnnt City Atlnmey CONTRACT AUTHORIZATION: M&C:DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3Julian KellyWater Superintendent Purchasing OfficerBob Pearce9/28/2023 | 9:48 AM CDTTrent Epperson9/28/2023 | 4:32 PM CDTFrances Aguilar Reference attached Proposal:for City efPcarland —Lead and Copper Rule Revised Compliance dated September 18,2023. Prolesslonal Sen/lees DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 §X?l§'!‘B Reference attached Proposal:for City ofl’ear1and Lead and Copper Rule Revised Compliance dated Scptcmbcr 18,2023. Proiessxouaf SSFVMICS DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 EXHIBIT C VERIFICATION OF SIGNATURE AUTHORITY Execution of this signame Verlllulion Form (“Form’‘)hcleby certi?es lhal the following individuals and/or positions iiaye the authorily la legally bind Vendm and In exeeme any agreement, amendment 0]’change onicr an h=halfofVendi7r.Such binding suthnrilyiiaebeen granted by pmpcr oniar, resniutian,oxdinanoeor miiei anlhorizatiun of Vendor.Cily is fully emiiiea la mly on the wemancyand mplesnnlalion eezIorlh in LhisFonn in eneeiing into any agzeement 0!amendinem with Vzndor,Vendor will eubmii an updated Fonn within mi (10)business days if lhclc me any changes Io mesignatory authoxily.Cily is entitled Io rely on any curzml exeemeaForm unlil iueeeiyea ucvised Form Lhalhis been properly exeemed by venam. L Name:SuxnnAiford Posiliun:Pmsidmi Sigrutul 2_Nam:KeiIhMorgaII Pursition:Vioehesident ae»~«~/Signature W‘, 3,Name:IévidShu-rill Posilinriz Vice President Other Title: Date:9/20/23 Pmtcssinnal Sen/ions DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 Emp|oyee—Owned.Client Focused. PROPOSAL City of Pearland Lead and Copper Rule Revised Compliance September 18,2023 DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 Headquarters l47u1 st.MIry‘s Lane,suite Ann,Hmtslnn,Texas 77079Mt2at.sss.ds9a -LJAENV,COM -TBPG tioense asosvs oltices:Ailrngton -Austin -Corpus Christi -Houston (HQ)-Katy -McKinney ENV|R°NMEN'[A|_Ettlard,GA -rulsa,ox ~Goldsby,OK Seplember16.2023 PROPOSAL (Revision #2) City of Peerlend Atlrt:Mr.Julian Kelly 2016 Old Alvln Road Pearland,Texas 77581 Via email:JKe||y@pear|andlx.gov Re:Proposal tor Lead and copper Rule Revised service Llne Inventory and compliance Assistance Evans-zatsn Dear Mr.Kelly, At the request of city 0!Poarland ("CiIy"or “C|isnt").LJA Environmental services.LLC (‘LJA")has prepared this proposal to provide environmental consulting services tor the abovs»re!srenced project. LJA proposes to provide a Lead and copper Rule Revised (LCRR)service Line Inventory tsu)and compliance Assistance tor the client.Preparation of the required LCRR inventory.plans.and documents necessary to meet the octooer 2024 deadline is straightiorwardly aehievaole with LJA. with over a decade of experience in approximately 400 water systems,LJA represents over 100 systems annually around Texas with a turnkey LCR compliance sampling and reponing program.Furthermore.LJA is currently representing approximately so water systems with the LCRR SLI in the Houston area. The toltowing is a description oi our capabilities.approach,and methcdologyto provide the scope of services required for rule compliance.A detailed scope of work tor this service and cost Estimate is provided in Attachment A. PROJECT APPROACH AND METHODOLOGY L.tA's LCRR program is tailored to the city and TCEQ/EPA requirements,No single system's needs are exactly alike to another system.Theretore,LJA willwork closely and rigorously with the city to make plans.programs,and initiate the SLM inventory program according to the city's needs.even as the TCEQI EPA lurther develops the program.Before and during the inventory process.LJA expects to have project meetings with the city to ensure proper protocols.methods,and operating procedures are known and adhered to. part oi the TCEQAdvisorywatchGroup(DWAWG)LCRR subcommittee,sits on the Association of Water aoard Directors(AWBD)LCR committee.and conducts training seminars/educational presentations on the regulations andcomplianceactionsrequirementsbytheLCRR.As such,the city would have the most experienced team,access to the most up-to-dale regulatory policy.and leader in the industry In Texas.1‘,city olPearlartd—Pmposal—E‘/3479—23l5D _Lead and copperRule Revised Compliance E'"P'°Y=°-°W“~°"°"'F°°"=“‘-”‘DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 our team will support the city on every task,as neeoeo, including providing reai—timeonlina mapping tools, cost-effective solutions,and development of <:ity.speeinc programs.The technical reguirementsitasks that a typical LCRR project typically requires are outlined below: »Development ufa service Line Material (SLM) inventory »Development ots Lead service Line (LSL) Replacement Plan »Pisparalion ots sampling Plan for compliance »strengthening Drinking water Treatment Requirements (corrosion control) X Assistance with Public Education and community Engagement.Rsvlew grant tunding programs and identify funding strategy »other services as required to implement the Lead and copper Rule Revisions A successtul SLM inventory process consists 0!: D Developing a preliminary inventory W veri?cation oi the preliminary inventory data »creating a sampling plan,,Reporting the inventory »completing a replacement plan,if the system cannot demonstrate it is lead free by 10/16/2024. DEVELOPMENT OF SERVICE LINE MATERIAL (SLM]INVENTORY LJA has created and utilizes a secure,real-time,web-based piattonn to input/update data,track project progress.and manage the program.LJA would this platform to manage sampling of the new LCRR program.The current Detsiled inventory worksheet required information within the TCEQ inventory template includes: a unique servioe Line ID a Location identi?er:street Number,Name,City, a zip code i system-owned Porllon SLM classification »Customer—Owned Fenian SLM classification 1:Entire SLM classification The plattonn allows for updateaele inputs,instant results. sxpsdilious irnporiing of data,proieol update/progress tracking.and export of data to the SLM inventory table. methods to determine where lead may potentially be orveri?ed non»|ead lines include:utilizing oounty CAD datatosortpre-and post—19ssstructures,niunidpalioountyconstructionrecords,work orders/lap cards.meter instailichangeoutprogram,customer service inspection (CSI)forms,GIS rites,aerial imagery comparisons oncethe1CityatPeariand — Proposal — EV3479—23l50ofLeadandcopperRuleRevisedcompliance Ernployeeownetl.client Focused,»2 DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 piatiorm is loaded with data.LJA is acts to perform QA/QC on the data to ensure that every structure has a water connection and points are geo-rsierenned in the correct locations. Locations constructed in or afIer19B9 are considered non—lead by installation date and are classined with the blue points on the tigure to the right.Grey points are oleesmed es unknowns and will need to be iield veri?ed by as part orthe QA/QC process. we provide recommendations and training tor the current LCR program for tiering.compliance sampling.and reporting Field investigations exemplarconducting and documentation,Including water quality parameters magnet and scratch test to determine “rte (WQF-s).The proposed SLM inventory map would be hosted material types and maintained by LJA's GIS group,and thus management oithe plattorm and databased would not be necessary.should the city preter changes or any epecmc updates.LJA would be able to accommodate such requests as the program is iully tailored.As mentioned above,LJA willprovide SOP to access and operate the real-time plattorm,including a prereoorded video demonstrating the iunctions and operation ofthe database.it requested. Following a preliminary inventory based on sxisling iniorrnation.LJA w|||provide the city with an estimation af the number at service line requiring additional investigations to determine material types (approx.3,000). Existing records reviews typically do not identity the presence oi LSL.and these are normally revealed during the additional Invesligalions.l=ieid investigation eiiorts would be the ?rst major cost tor the city to incur.As these additional investigations are conducted and LSL located.LJA would Ihen be able to provide the city with an estimation of the number oi LSL and/or GRR replacements.The replacement orthe LSL would be the second major cost for the city. - AfterGPS'irtg in the locations,crews careruliy hand excavateinspectionholesnearthemeterbolttodeterminelinetypes.TN 5 accomplished with a shuvei and hand HOWE’.Once line isdaylighted,crews conduct the magnet and scratch test,arid thentakeaphototorproct.soils and grass is replaced then replaced.being located and recorded inthetietd.ll CiiyofPaerIarid-Proposal-El/3479-231511LeadandcopperRuleRevisedcompliance E'“P‘°Y*‘='°W"°°‘-CW“F°°“5=‘‘-”3 DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 lselow is a screenshot at a current project in progress in chenneivlew,Texas.where the grey points located interior orthe property are unveri?ed.oncethe crews cps the meter locations in.they automatically get relocated In real-time to near the streets at the actual site.upon determining the material line type.the point will change to a speci?c color.Agein,blue represents non»Iead,and yellow represents galvanized pipe.Although no load had been determined.it would change to red. ¢«=‘,',-:uo_e°’3---rri-I-°.~w~xm-o_i=°°-.°t‘*at;if .‘JEI‘g ‘$- °!‘7'-=.I.s ";“ §:."'5 :.at 0:.. ¢"'e¢°°.a ~e 5"=3 .I»~-.- 00 I‘‘F '--5 2 '3 -’ 5 e ‘t 3--_., w.|:,,4 .1‘- unmmztmt. E eeoo@§65'” Results ot the SLM inventory will be depicted on e dashboard style map available tor city and public access.Electronic copies (i.e.PDF)can be provided via download onthe website and hard copies can be provided within the ol?ce(s)per the citys request.As mentioned above.the proposed SLM inventory map would be hosted and maintained by L.lA's GIS group.and thus management of the plattonn and database would not be necessary.All actions and consultations will be according to the current SLM inventory protocols and methods.including de?ning aooepteble “veliIica|iori"types otservioe line materials.This task willbe accomplished by attending and activity working with the TCEQ and LCRR committee workshops and training seminars.LJA has a working system in place tor the current LCRR program.and can assure compliance to the city tor the SLM inventory regulations. DEVELOPMENTOF A LEAD SERVICE LINE (LSL)REPLACEMENT PLAN Development ot a replacement plan is required it the city cannot demonstrate it is lead tree by october ts.2024.Our team is capable oi pertorming an LSL inventory Gap Analysis to detennine a portion at the capital and operational needs,and how both oi these tasks will teed into the timeiine tor the city to become compliant with the LCRR.The replacement plan has many conditions and provisions to adhere to,tor example,completing full replacements minimum percentage annually.identi?cation of unknown lines.customer noti?catlons.replacement orpublic segment within 45 days lithe customer replaces theirs. LJA's start.piattonn.and tools will assist the city with managing said tasks.LJA will develop and implementanLSLreplacementprogramtailoredtotheCity's needs and agency regulations.including preparationoicostestimatestobeincludedintheCity's cli=budget.Speclflcally,the team willwork with the city todiscussandaddresseachtaskofthereplacementplanandoptionsforthecitytocomplete.Factors ofthereplacementprogramcompriseotconstructioncosts.locations.proximity oi multiple replacements todecreasemoblllzaliuns.site encumbrances and obstacles.community outreach and education materials.1]city owearland -Pvcpnsal-E\/3479-23150LeadandcopperRuleRevisedcompliance E"‘P'°Y9"°W"°“l C"°"‘F°¢“5="”4 DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 meter replacements,etc.selected options tor each task w||| he executed.including the rate at identi?cation of unknowns and replacements required,a plan tor the city to implement the replacement logistics.subrniltal of the program details/documents to TCEQ,and providing technical and administrative support to the city and TCEQ tor the program,as necessary. ASSISTANCE WITH PUBLIC EDUCATIONAND OUTREACH There are many options ior developing messaging.content. graphic design.and the overall strategy and implementation tor the city's public education and outreach assisunce program.content.data packages.and graphlc designs will be customized to the City's needs and LCRR program requirements.content can be designed as simple as those required by the EPAITCEQ program or more detailed tor additional transparency.it is assumed messaging can most likely he implemented with the current emergency alert system in place,emails trom the customers pro?les or billing iniormation,and ?yers provided in billingstatements. LJA sta?would support the city with community or townhslt meetings,It requested.L.lA's data plattorm will be tilized to track the tunctional replacement items,associated timetranres during LSL replacement activities,end all phases at compliance work.As discussed in the Development ot a sampling Program section,L.JAwill assist the city with the development at programs to provide training tor schools and child care tacilities to collect samples under the EPA 3 Ts program,and any supplemental guidance trom the TCEQ. In order to man!thn nbjactll/as established by the City of Paarland,L.IAwill assist W]!!!I robust, public outreach and public educrrrlorr campaign. Firstly,the project team willwork with the city at Peartand to identity internal and external stakeholders and develop a communications plan and ?cw chart that prioritizes the city,the general public.and any other identi?ed stakeholders. Next the project team will use earned media,social media,digital media and cllher paid media I0 inform the general public about the purpose of the projeci and its bene?ts.The team will establish a project website with up-ta-dale infalmatian,FAQS.and prnjectllntellne. The project team willalso leverage the communications channels oi city of Pearland council members.homeowner associations,neighborhood groups.chambers oi commerce and other business groups to share information.including the as appropriate or needed.Direct mail may also he utilized tortargetedareas.1]city oi Peariand a Proposal — Eva-t7s—23l5oLeadandcopperRltieRevisedcompliance E"'P'°Y*°*°W"°"v °“°"‘F°°"S°¢”5 DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 To demonstrate LJA's experience witn LCRR projects,the table below highlights our current or completed LCRR projecls with various clients in the greater Houston rsgio URRENT OR COMPLETED LCRR PROJECT EXPERIENCE Baybruuk MUDNo.1 Lamar CISDManford WilliamsElementarySchools Brazorla county MUD No.31,32,39,40,53,55,55 LClSDHead start (Kenoleton) Erazorla—ForlBend counties MUD 3 Memorial MUD cneliord city MUD Mission Bend MUD No.1,2 cnelterd one MUD Montgomery county MUD No 144 cimarren MUD Needv1lle|SD city of Cleburne Nortn Mission Glen MUD city of Eagle Lake Nortnwest Park MUD city of weoster NottinghamCountry MUD Fort Bend County MUD N0.O46,O66,i15,i16,i28, 129,i34A,134B,134C,149,155,158,162.182,188,213,RollingCreek UtilityDistrict and zis GeorgeRanch HistoricalPark Sienna ManagementDistrict ::;rl:MUD No Me,vi,284,355.457,534,Senna MUD N0 2,3,A,5,10,and 12 Harris County WClD No i and a9 sienna Regional utilityDistrict KirlgsbridgeMUD sienna rneWoods Lamar CISD Foster Briscoe and Westheimer Schools Waller CountyMUD i8 we have a long-standing record orsuccesslul walk on public works lnlrestructure projects for local government entities and municipal clients.Our Project Manager (PM),Dyer scnlitzkus.SME,has extensive experience perrarming LCRR projects for multiple clients in Texas.This includes cities such 85.but not Ilmllsd I0.Webster.Clehurne.Eagle Lake.over 80 MUDS,and other erllilies like WCID and FWSD.Thsse LCRR projects include compliance,Implementation,and management.along with coordination Wilh relevant stakeholders. FIRM'S CURRENT LEVEL OF INVOLVEMENTWITH LCRR PROGRAMS AND STATE AND FEDERAL REGULATORY WDRKGROIJPS Out team has experience in over 400 water systems with the cunenl LCR compliance sampling and reporting program,Including Initiating LSL Inventories lor approximately so water systems in Texas.we have already completed asset inventories for some projects in Texas,determining they are lead free Irom existing records,and have the most systems veri?ed oamplele with the TCEQ.This willrlol be the same case [or the City's system:however,it provides Inslghl I0 LJA’s experience and understanding of the LCRR program.We provide ssnrlces to clients such as the City with customers over 100,000 and 175,000 total connections.Annually,LJA represents over 100 systems around Texas with a (umkey LCR compliance Our PM,Dyer sctrlitzkus,SME,is part of the rose Drinking WaterAdv|sory wetcn Group (DWAWG)LCRR subcommittee.sits on tne Association of Water Board Directors (AWBD)LCRR committee,andconductsLCRRtrainingseminars/educational presentations on the regulations and compliance actionsrequirements.Our knowledge.experience.and ralatlonshlps with Ihs TCEQ,tneir procedures,andrequirementsallowsustoanticipatemost,If not all,policies and procedural changes.1‘,city ol Psarlarld-Proposal -EV3479-23150Laidandcom,We Re,/Md comphme Employee»Owned.Client Focused,»6 DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 COST ESTIMATE LJA proposes to conduct the LCRR complianc scope in three (3)Phases.Phase I and It are the initial phases required to develop the platform and i at required datacase tor TCEQ compliance.Future Phase lll is included as an estimate for budgeting purposes as the cost estimates tor the tuture phase are cased on the connections identi?ed that must be sampled.It is assumed thatapprcximately 25%orthe <x>nnec1iortswithin the city will require sampling. lnltlal Phases Phase I:Create P|atI0rmIDatahase For Inventory (assumes 45.000connections tor inventory).$15,900.00 Phase II:Management at Inventory (assumes 45.000 connections)..$5e.ooo.oo LJA proposes to provide the services described as Phase I and II in Attachment/-\to the Client for a lixsd tee of $71,000.00.to be billed on a percent-complete basisr Future Phase to be completed by Oct 2024:The toliowing is an estimate tor Phase IIIwillbe refined upon the completion at Phases I and II. Phase III:Replacement Plan Development and Public Outreach.$35,600.00 It is estimated that full completion of the required tasks would cost an additional $35,500.00 The total cost estimate Included hereln ls $101,500.00 Extraneous circumstances that could potentially impact this Proposal,including agency coordination or review,accessibility.untcreseen circumstances.design changes,and state or tederal regulatory changes, may also attractproject costs which are not included in this estimate.This proposal and cost estimate are valid for 90 days. Schedule The proposed scope orwork as described as Phase I and it are anticipated to be complete within sixty (60)calendar days of receipt at an executed proposal and list orconnections.Phase ill will be scheduled accordingly to meet the ootocer 2024 TCEQ deadline.The project completion schedule Is the goal at all panies;it does not.however,retlect unusual delays due to lorces beyond the consultants control arldl or moditications to the scope ot work cased upon actual ?ndings or additional requests by the client,its agents.or governmental agencies. Information Needs from the City it Connection address list Irom the billing department,Consumer Con?dence Report,etc. a Existing GIS data or access to the data I]City at Pearland -Proposal-E\/3479-23150LeadendccppernulaRevisedcompliance E'"P'°‘I"-°W"°d-C"3"‘F°=“=°“”7 DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 Terms and Candllluns If this proposal is acceptable,please complete.sign,and return the Proposal Acceptance Penn below along with the iniornietion requested above (“Information Needs"). LJA appreciates the opportunity to provide environmental consulting services for this project.should you have any questions about this proposal,please contact me at (231)239-5131.or dsch|ilzkus@|ja.t:om. Sincerely, Dyer schlitzltus susanAttortl.REM.ENV SP LCRR Program Director President Proposal Accoplanca and Rlghl of Entry client authorizes LJA to commence services upon execution ol this Agreement.client and LJA agree that this Agreement,the Proposal.and any attachments incorporated herein by reference (the "Agreement") constitute the entire Agreement between the parties.If client is a corporation.Partnership.or other business entity,the individual signing below warrants that they have the authority to bind and to sign on behall ol the client. Cllent: Omanizalion Siclnaturs Malling Address Prinled Name City State ZWP Email Address Phone Date Bllllng Contact Printed Name E-mail Address -vourproieot name,it ditierent lrom above:-Your P0.or project number,lfapplicabls:_-Project ownerlsponsor (required it public _jeATTACHMENT AIICl1yufPearland-Proposal -Ev3479-23150LeadandCnppevRuleRevisedCompliance E'“P'°Y°°'°W"e*‘-C“°"‘F°¢“5°d-”5 DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 SCOPE OF WORK LJA proposes to conduct the LCRR compliance scope in three (3)Phases.Phase I and ii are the initial phases required to develop the piattorm and initial required database tor TCEQ compliance.Future Phase iii is included as an estimate tor budgeting purposes as the cost estimates tor the iuture phase is hased on the connections identined that must be sampled.it is assumed that approximately 25%oi the connections within the city will require sampling. Phase I —create Plalformlbalabase For inventory (assumes 45,000 connections tor inventory) Evaluate the cunent city and GIS systems tor its applicability and compatibility and utilize axisling and additional asset attributes create secure,custom,online web inventory dashooard CAD data import oi parcel data and dates (pre-1988 and posl—1989) Geo-referencing data and OAQC city to provide development of large acreagesisubdivisions to exclude irom turther review that meet the date exdusion by TCEQ Create and Provide Client View 0!the dashboard create Public intertace (static or live map.and details).reporting Ioal with photos,FAQ's (Info about system oniine) initiate the service line inventory Iable and Tracking tool tor project progress tor both inventory and replacement programs QA/cic of data:and. Provide regulatory and compliance support tor the LCRR program. Phase ll —Management or inventory (assumes 45,000 connections) Plannlng meetings set milestones.goals.timeiines,etc. weekly/monthly updates Develop a work plan to ensure compliance coordinate with the city and other city health departments (planning,ENG,construction.pennits.CIP. inspection,etc.) coordinate with city stall and Legal Department on accessing private property.coordination,public interlaoe.etc. coordinate with TCEQ Develop investigation and sampling program The delivery oroutreach materials and coordination with customers,businesses,schools tor sampling Develop/provide a plan for trigger level (TL)and action level (AL)exoeedences schools/lnaycares —adhere to the EPA's 3 T's program .Training,Testing,and Taking Aclion Develop Education/outreach materials LIHistorical Records Review conduct a desktop review of Service Line inventory Dala-connection points will be populated into the ‘Detailed inventory"tab oi the TexascommissiononEnvironmentalQuality(TCEQ)sLl for Public water systems (RG-593/Form20943)to create the service line list.service lines constructed in and aner1939 willimmediatelyhelistedas“Non-Lead-collect.organize and extrapolate data irom Flarls.plats,as—blAi|ts.work orders,Cityoi Pearland -Proposal -EV3479-23150LeadandcopperRuleRevisedcompliance E'“P'°Y“°'°W"°*‘r °“°"‘‘°°“=9d-”9 DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 replacements,repairs,maps/ngures,installlconnection reports,CSI (inspection oetore hooking up/tuming on water),etc.to the dashboard ~lcentity line materials during Normal operations via city steir -Develop a communicatton plan and process ?ow cnart for internal and external stakeholders -Develop messaging,content.grapttic design,and overall strategy lor programs -create a public outreach encl education package relevant for eactt level orthe program (general Info, assistance with conducting digging and testing [magnetlscratch tests],notilication ot lead.GRR,or unknowns at end of orelt inventory;replacement orlines deemed necessary,pitcher ttlters eno 'Notifythe public and request assistance from those locations where service lines were installed prior to Jan.1989 -Develop notioelorentire system »Mail tlyer via every door tlirect -Develop messaging lor text and email .General info that links to public weosite -Develop Press Release to be oislrlbuteo to media -Local area newspaper -Develop messegtng tor local omclals .lncluoe Press Release materials Phase III -Ruplncemant Plan Development and Public Outreach 'Assist City statt to develop a Plan for replacement of 3%at required replacements to ensure compliance.as speci?ed In the LCRR 'Meetings to discuss options for raplaoement -Protecttracking -Develop database of customers who have not responded and those whenhave been identi?ed for replacement -Develop notice tor Customers who require replacements and whose lines are still unknown to meet the October 15,2024 requirement ~Virtual Town Hall -Develop messaging lorreplacement of tines deemed necessary,pitcher ?llers and cartrirlges/rleliveries,etc. city ol Pearland -Proposal — Ev3479—23l5o ,Emplnyaa-Owned.client Focused.»toLeadandcopperRuleRevisedCompliance DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 ATTACHMENT B GENERAL CONDITIONS FOR SERVICES Article 1:services by consullani 1.1 standard of care.Consullanl will perform lire scope orservices (lierein lire ‘Ssrvicas")expressly described in iiris Agreemenl.enerii is signed by both parties.Tne services performed by Consultant will be conducted in a manner conslslenl wi|h lire degree of care and skill ordinarily exercised by compelei-ll consullanls perlorming lire same or similar services in lne same locale eciing under similar circumslences and condiiions. 1.2 Resiomiion.consullani will exercise reasonable care is minimizedamage lo lire slie.However,Clienl acknowledges lhal some damage may occur in lne normal course of parlcrming lire services,even lldue care is exercised,and agrees lhai consuilani will nol be liable for such damage and will be snlilled to additional oompenselion ll ll is asked lo perform reslorelion services not expressly Included In lhe Servlces, 1.3 Reporis and lnvesligariens.ii Consullanfs pelfornlance of meservices includes essessmeni.idenii?celicn. or lesiing services,inc number of invesiiga?ons end observariens ccnauilani makes,menumber orsamples i| coilecis,or menumberaflesls ll perrorrnsare necessarily limited by budgerary and lime conslrainrs.and observalions and samples by iiieir speci?c iocaiicnal nalure may nol exactly represenl similar samples or observeiicns in lire lrnmediaie vlcinliy.consullani does noi guereniee inei ell violaiicne.problems,or sources orpossible envlrcnmenial aendiricn will be ideniilied,lliai all coniarninanis or envircnmenial condiiion will be deieciedlidenii?ed,or lbai reouiramenis,slanderds.or ecndilions will norchange over lime.Any repori issued by oonsulianl will sel lorin iis ?ndings and conclusions based on lire iimiied infunnalian available lrorn lire cbservaiicns,invesligaiicns.sampling, andier liesllng oonducled under inis Agreernenl.in preparing iis reperr.ccnsullani may review and inlerprel inierrnerion provided by clienr.lhird parlies,and regulallcry agencies and will be en?iled lo rely on maaccuracy or sucnlnfurrnaliorl,including leboralory rasulis.wilneur perierming an independeni veri?oaiion.censullanl may include in lls reporl a slalernenl oi Lirnilaiions describing lire lirnileiinne oriis rnvesiigaiiens and ?ndings and lndicallng inal ins rapori is «or ciienrs use only and will norbe relied upon by any inlrd party,excepi es rerpressly agreed in wriiing by Collsultalll.and lnen only ei sucninird penys own risk. 1.4 nooumanls.All reperrs and decumenls prepared and deliverable lo clieni pursueni lo inis Agmsmenl will become CIieil|'s property upon full payrneni Io consulreni.censullanr may reialn ?le copies of such deiiverables.All eliier reporis,neles,caiculaiicns,dala,drawings,esiirnaies,speci?ceiions.end olrrer dccumenrs and compulerized rneienals prepared by censuirenl are inslrumenls of consuilanvs services and will remain consulienis properry.All deiiverables previdad lc clienl are «or ciienrs use only «or mepurposes disclosed lo oonsullani,and clienl will noi irarrsler lliem lo oiners or use lnem or perrmi ibem lo be used «or any exiensicn olrne services or any ellrer project or purpose.wirnoul consuiranre express wrlilen ccnsenl. 15 services Nor included.unless expressly included in lire services,consuiranrs services willncl include lire ieliowing: (3)ins deieciion,removal,lrsalnienl.rranspcrreiion,disposal,monllorlng,or remediaiien orany coniarnina?on of soil or groundvmller ai lire sire by peimleum or peiroleurn produms (celieciively called ''Oil'‘)or hazan1ous,loxlc, radieaciive,er inieciloua subsianoes,includingany subsiances reguleied under RCRAar any oirrar iederai.siale. or local anvirenmeniel laws.regulaiions,sraiures,rules,siandards,er ordinances (oolieciively called "Hazardous Materials"); (b)rneciianicai oornpaciicn cl backli r (c)dawaiaring belore insrallaiicn or ?lling tanks with Ilquldor ballasl ioilewing lnsiallaiien; (d)purnp—culor disposal olprcduci,waier,or oilrer conlenrs lrorn axisring ranks; (0 blacklnp,sewer,eieciricily,or cllier ouislde services;(9)ins rernoval cieny soil or waler;(ill inslallalion of proiecilve iencing or ollier siruciure;or(i)oonsirucrien or moniloring.consullanl willbe enlllled to additional oompensallcn if ii is asked lc perlorm or provide such services lisled above.consulrenl will nor be responsible icr damage is or imperleciions in any concrete slabs ll lnsialls unless lney arecityclPeaviand-Pmpclsal-EV3479-23lEr0 employee-owned.clrenr Focused,»IILeadandcopperRuleRevisedCompliance DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 protected by client irom tratnc tor seven days. 1.3 Estimates.Any estimates of probable corlsttuctian or implementation costs.?nancial evaluations.taasibiiity studies.or economic analyses prepared by consultant will represent its best ludgement based on its experience and available intormation.However,client recognizes that consultant has no control over costs at labor.materials. equipment,or services tumishad by others or over market conditions or colttrac|nrs'methods oi detennining prices.Accordingly.consultant does not guarantee that proposals,bids,or actual costs will not vary trom opinions, evaluations,or studies submitted by consultant. t.7 other Contractors,Except to meextent expressly agreed in writing,consultant will not have any duty or authority to direct.supervise,or oversee any contractors oi client or their work or to provide the means.methods.or sequence ot their work or to stop their work.consultants services and/or presence at a site willnot relieve others at their responsibility to client or to others.consultant will not be liable tor the ialiure ot clients contractors or others to tulitlltheir reaponsibi ies,and client agrees to indemnify.hold harmless.and detend consultant against any claims arising out ot such tailurea. 1.5 Litigation Support consultant will not be obligated to provide expert witness or other llligalion support related to its services,unless expressly agreed in writing.in the event consultant is required to respond to a subpoena, government inquiry,or other legal process related to the services in connection with a proceeding to which it is not a party,client will reimburse consultant for its costs and compensate consultant at its then standard rates tor the time it incurs in gathering inlonnation and documents and attending depositions,hearings,and the llke, Article 2:Responsibilities oicllent 2.1 client Requirements.client.to the best at its ability,without cost to consultant.will: (a)Desigltala to consultant a person to act as clients representative; (b)Provide or arrange for access and make all provisions tor consultant to enter any site where services are to be pertormed; (c)Furnish consultant with all reasonably available intormation pertinent to the services; to)Fltrnlslt consultant with a legal description orthe site and all available surveys,site plans,and relevant intorrnation about site conditions,topography.boundaries.easements.zoning.land use restrictions.and righI—ol- ways,it available and as needed; te)Furnish consultant with all approvals,permits.and consents required tor perlormanoe otthe services except tor those consultant has expressly agreed in writingto obtain. in Notity consultant promptly otall known or suspected Hazardous Materials at the site,at any contamination oi the site by oil or Hazardous Material,and ot any other conditions requiring special care.and provide consultant with any available duculrleltts describing the quantity,nature,location,and extent ui‘such materials,contamination.or conditions; (g)comply with all laws and provide any notices required to be given to any government authorities in connection with the services,except tor such notices consultant has expressly agreed in writing to give; (h)laetore commencement oi any drilling or excavation at a site,turnish consultant with a complete description (to the nest of their ability)at all underground objects and structures at the site.including.but not limitedto.wells, tanks.and utilitie and indemnity.hold harmless,and deiend consultant against claims arising out ot damages to underground objects or stnrctures not properly de?ned: (I)Provide consultant with lntormation concerning prior owners oi the site and any current or historical uses oror activities on the site by client,prior owners,or others.as needed; (ii Furnish to consultant any known contingency plans related to the site;and (k)Furnish to consultant any previous environmental audits andlor assessments related to the site. or unusually hazardous conditions at the site or of contamination the site by Oil or Hazardous Materials except asexpresslydisdosedtoconsultantinwriting.2.3 con?dentiality.client acknowledges that the technical and pricing lnlorrrielion contained in this Agreement iscon?dential and proprietary to consultant and agrees not to disclose it or otherwise make it available to others withoutconsultant‘s express written consent.1]city atFearialtd-PropcsaI—Ev3479-zaisoLeadandcopperRuleRevisedcompliance E'“P'°Y°°'°W"°“-°"°"'F°°“""-”‘Z DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 2.4 Health and sarety.client acknowledges that it is now and will at all times mmaln in control orthe proiect site. and client acknowledges and agrees that it retains title to all conditions existing on the site and shall report to the appropriate public agencies,as required,any conditions at the site that may present a potential danger to the public health,ssraty.or ttie environment.client waives any claim against consultant tor injury or loss arising trom such conditions.Except as expressly provided herein,consultant will not be responsible tor the adequacy of the health or saiety programs or precautions related to clients activities or operations,C|ierit'.s other contractors,the work or any other person or entity.or clients site conditions.consultant willnot be responsible tor inspecting,observing, reporting,or correcting health or sarety conditions or deneiancias orclient or others at client's site.so as not to discourage consultant trom voluntarilyaddressing health or aatety issues while at client's site,in the event oonsultant does address such issues by making observations.reports,suggestions,or otherwise,consuitantwili nevertheless have no liability or responsibility arising on account thereot.client agrees to indemnity,hold harmless,and deiend consultant to the tullest extent permitted by law against any and all claims arising out orsuch programs.activities. conditions,or danciencies unless consultant is responsible for gross negligence with regard to its work. Article 3:changes;Delays;Exctised Perforrltartce 3.1 Changes.unless this Agreement expressly provides otherwise.consultants proposed oompensation represents its best estimate at the costs.eliort,and time it expects to expand in pertorming the services based on its reasonable assumption of the conditions and circumstances under which the services will be performed including,but not limited to.those stated in section 3.2.As the services are perfonned,conditions may change or circumstances outside consultant 's reasonable control (including changes of law or regulatory policy)may develop that would require consultant to expend additional costs.ettort,or time to complete the services,in which case consultant will notify client.and an equitable adyustment will be made to oonsuitanrs compensation.In the event conditions or circumstances require the services to be suspended or terminated,consultant will be compensated tor services previously pertormed and tor costs reasonably incurred in connection with the suspension or termination. 3.2 Assumptions Unless speciited In writing,consultant ‘a compensation is based on the assumption that:(at there is no impact spoil or excavation of natural resources on or adjacent to the site that has not been disclosed to consultant by the client;(b)there is no contamination ot soil or groundwater at the site by oil or Hazardous Materials that has not been disclosed to consultant by Client,(cl consultant will not encounter any underground structures, utililias,boulders.rock.water.running sand,or other unanticipated conditions in the course of drilling or excavation; (ti)tank installations will not require dawataring by consultant;and (a)it consultant's senrices includes services related to petroleum iacliiiies or storage tanks,groundwalsrwill not cause tanks to tloat or require the use orBallast. consultant will be compensated for any additional eiiorts expended or costs incurred in addressing such conditions. 3.3 Force Maleure.consultant will not be responsible tor any delay or iailura oi perierrnance caused by ?re or other casualty,labor dispute,government or militaryaction,transportation delay.inclement weather,Act orend,act or omission orclient or its cnnti-actors,reilure orclient or any government auuiorlty to timely review or to approve the Services or to grant permits or approvals,or any other cause beyond consultant's reasonable control.in the event or such delay or iaiiure,the time tor pertormanoe willbe extended by a period equal to the time lost plus a reasonable recovery period.and the compensation will be equitably adjusted to compensate tor any additional costs consultant incurs due to any such delay. 3.4 Disputes.The parties shall attempt to senle all claims.disputes,and controversies arising out oror in relation to the perrormencs,interpretation,application,or enrorcement at this Agreement.including but not limitedto breach thereot.by discussion between the parties‘senior representatives.If any dispute cannot be resolved in this manner,within live (5)business days.the parties agree to reter such claims,disputes,and controversies to mediation by a mediator mutually agreed to and equally paid tor by the parties beiore,and as a condition preoedent to,the agreement is probable.Notwithstanding the toregoing.prior to or during negotiation or mediation,either party mayinitiatelitigationthatwouldotherwisebeoomebarredbyastatuteorlimitation.in the event any actions are broughttoenrorcethisAgreement,the prevailing party shall be entitled to collect its litigationcosts including reasonableaIIomay's tees tram the other party.Article ii:compensationcityatPcariand -Proposal -EV3479-23i50 Employee-owned.client Focused.»13LeadandcoppernuieRevisedCompliance DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 4.1 Rates Unless otherwise agreed in writing,Consultant will he compensated tor its services at its standard rates and will he reimbursed tor costs and expenses (plus reasonahie pro?t and overhead)incurred in its perlormanoe of the services. 4.2 Invoices.consultant may invoice client on a monthly or other progress hilling oasis.Invoices are due and payahie upon receipt by Client.on amounts not paid within an days oi invoice date,client will pay inlerestfmm invoice date until payment is Ieceivsd at the lesser or1.5%per month or the maximum rate allowed by law.if Client disagrees with any portion of an invoice,it will notify consultant in writingoi the amount in dispute and the reason for its disagreement within 21 days of receipt oi the invoice,and will pay the ponlon not in dispute. 4.3 suspension,etc.consultant may suspend or terminate the Services at any time if payment is not teoeived when due and will be entitled to oonrpensation for the services previously performed and for costs reasonably Incurred in connection with the suspension or termination. 4.4 collection.ciientwiil reimburse Consultant lor Consultant's oasis and expenses (including raaaonahle altomeys'and witnesses‘fees)incurred tor collection under thisAgreement. 4.5 Taxes.etc.Except to the extent expressly agreed in writing,consultant's tees do not include any taxes, exclses,lees,duties,or other government charges related to the goods or services provided under this Agreement, and client willpay such amounts ur reimhurse consultant ior any amounts it pays.lr client claims that any goods or services are suhject to a tax exemption or direct payment permit.it will provide consultant with a valid exemption or permit certi?cate and indemnity,deienrt,and hold consultant harmless trom any taxes,costs,and penalties arising out of the use or acceptance orsame. Article 5:lnsumnca and Allocation of Risk 5.1 insurance.consultant willmaintain insurance coverage tor Protessionai Llabillly,commercial Liahility.Auto, and Workers‘compensation in amounts in accordance with legal and husineaa requirements.Certi?cates evidencing such coverage willhe provided to client upon request. 5.2 client lndemnincation.client agrees to indemnity and hold hannlaas consultant trom and against any and all liabilities,demands,claims,lines,penalties,damages.torteitures,and suits,together with reasonahle attorneys‘ and w?ni-1ss'laas and other cost and expenses of derense and settlement.which consultant may incur,heoome responsihle tor.or pay out as a result ordeath or bodily iniury or threat ttrereot to any person,destruction,or damage to any property,oontamination of or adverse eliect on natural resources or the environment,any violation oi local, state or iederal laws,regulations or orders,or any damages claimed by third parties to the extant arising in whole or in part out of Client's violation of law or breach orthis Agreement or out orthe negligence or vviiituimisconduct oi‘client. its other oontractors,agents,suppliers,or employees. 5.3 consultant indemni?cation.To the iuilesi extent permitted hy law,conaultantehaii indemnify and hold harmless client trom and against loss,ltahiiily,and damages sustained by client.its agents.employees,and representatives by reason oriniuryor death to persons or damage to tangihie property to the extent caused directly oy consultants the tailure to adhere to the standard orcare desorihed herein. 5.A Limitationof Liability.No employee or agent otconsullant shall have individual iiahiiityto client.consultants aggregate iiahiiity lor any and all claims arising out of this Agreement o out orany goods or services lurnished under this Agreemsnl,whether traced in oontract,negligence,strict Iiab ty.agency.warranty.tort.trespass,or any other theory oriiahiiity,will he limited In s1o.otmor the total compensation received hy consultant irom client under this Agreement,whichever is the lesser.no event consultant he liable tor special. has been advised the pose y otsuch damages.Any claim will he deemed waived unless made by client inwritingandreceivedbyconsultantwithinoneyearaltercompletionortheserviceswithrespecttowhichtheclaim ismade.5.5 oonseouentiaiDamages.IN No EVENT WILL EITHER PARTV BE LIABLETo THE OTHER FORCONSEQUENTIAL,INCIDENTAL,PUNITIVE.SPECIAL,OR EXEMPLARV DAMAGES,INCLUDING LOSTREVENUES,Loss OF USE,LOSS OF FINANCING,LOSS or REPLITATION.LOST PROFITS,DELAVS.OR1]CityufPearlanl1»Pvaposa|-EV347B-23150LeadandcopperRuleRevisedcompliance E"'P'°Y9°'°W"=d-C"="¢F°°"S°¢”'4 DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 OTHER ECONOMICLoss ARISING FROM ANY CAUSE INCLUDING BREACH OF WARRANTY.BREACHOF CONTRACT,TORT.STRICT LIAEIILITVOR ANVOTHER CAUSE WHATSOEVER,NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARV.REGARDLESSOF LEGALTHEORY,CONSULTANT SHALL BE LIABLEONLVTo THE EXTENTTHATANV DAMAGES SPECIFIED HEREIN ARE FOUND BVA FINAL COURT OF COMPETENT JURISDICTION To HAVE BEEN THE SEVERAL LIABILITVOF CONSULTANT TO THE EXTENTPERMITTED Ev LAW,ANY STATUTORV REMEDIES THAT ARE INCONSISTENTWITH THIS PROVISION OF THE AGREEMENT ARE WAIVED. Article 6:Hazardous Materials Pmvisinns 6.1 Hazardous Materials.Except to the extent expressly agreed in writing.Consultant's services do not include directly or Indirectly perrorming or arranging tor the detection.monitoring,handling,storage,renloxml,transportation, disposal.or treatment of petroleum or petroleum products (collectively called "Oii")or orany hazardous.toxic, radioactive,or inrectious substances.including any substanoes regulated under RCRA or any other rederel or state environmental laws (collectively called “Hazardous Metertals").The discovery or reasonable suspicion orHazardous Materials or hazardous conditions at a site where consultant is to perlorrn Services or oroontarnination orthe site by oil or Hazardous Materials not previously disclosed to consultant in writing will entiue consultant to suspend its services immediately,subject to mutual agreement prterrris and oondttlons applicable to any lurther services,or to terminate its services and to be paid tor services previousry pertormed.In no aventwili consultant he required or construed to take title.ownership,or responsibility rorsuch all or Hazardous Materials. 5.2 Hazardous Materials lndemnitication.Client acknowledges that consultant does not have any responsibility rorpreexisting Oil and Hazardous Materials at the site,any resultant onntanllnatinn there ircm,or,except as expressly agreed in writirvg,for previous detection.monitoring.handling,storage,transportation,disposal,or treatment,that Consultant's compensation is not oommensurate with the unusually high risks associated with such materials, and that insurance is not reasonably available to protect against such risks.Thererore,tor good and valuable oonsideration,the receipt and adequacy orwhich are hereby acknowledged.and in addition to the Indemni?cation provided in Section 5.3,client agrees to indemnify,hold harmless,and delend consultant against all damages arising out oror related to Oil or Hazardous Materials located at or removed rromthe site,including damages such as the cost of response or remediation arising out orapplication oroommon law or statues such as CERCLAor other 'Supertund"laws imposing strict liability, Article7:Miscellaneous Provisions 7.1 Con?dential Information.Although Consultant generally will not disclose without Client's consent information provided by Client or developed by Consultant in t.he oourse of its Services and designated by Client as Con?dential (but not including lnlorrnaiionwhich is publicly available.is already in Consultant ‘s possession.or obtained irom third parties).Consultant will not be liable tor disclosing such lrttotrnatiun it it in good faith believes Such disclosure is required by law or is necessary to protect the setety.health.property,or welfare of human beings.Consultant will advise client (In advance,except in emergency)orany such disclosure. 7.2 Notices Notieee between the parties will oe in writing and willbe hand delivered or sent by cartiiied mail properly addressed to the appropriate party. 7.3 Assignment.Neither perly may assign thisAgreement without the written consent orthe other party.except that Consultant may assign this Agreement to its amliates and may use subcontractors in the perrormanceorits services.Nothing contained in this Agreement Willbe construed to give any rights or bene?ts to anyone other than the Client and Cansuitant,without the express written oonsent orboth parties. parties,and nothing in thisrtgreernent or the parties oonduct willbe construed to create a relationship agency,partnership,or joint venture.7.5 Attiliates.The Services may be periormed by any attiliated company of Consultant under its Commoninsurarioeprogram.7.6 Governing Law,venue,and Heedlnge This Agreement will be governed by and constnred in accordance with1:City ot Peerland -Proposal -EV3479-23'l5U ’Lead and copperRulenevised Compliance E"'F'°Ye9'°W"9“-0'9"‘"°°“59dv ”'5 DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 the laws oi the state of Texas without giving eiiact to any oonilici or choice oi law rules or principies under which the law oi any otheriuriadiolionwould apply.Each party hereby submiis to the jurisdiction of tire fedenal and state courts located in Harris County and agrees that such courts shall be exclusive lorum and venue for resolving any legal suil, action or proceeding arising out oi or relating to this Agreement.The headings in this Agreement are tor convenience only and are not a part oi the Agreement between the parties. 7.7 statutory Terms Appiicaole to state Political suedivisions.As reouiredby chapter 2252 orthe Texas covemmenl code (the "Cad ,end as such tenns are de?ned therein.consultant is not listed on,nor does not do ousiness with."Curiipaliies"that are on the Texas comptroller at Public Acoounts'list of ‘Designated Foreign Terrorist Oitjianizallons."As required by Citapler 2271 of the code,and as such terms are de?ned therein,consultant verities that it does not,nor will it."haycoll Israel‘through the term orthis Agreement.As required by chapter 2274 oi the code,and as such lens are de?ned therein.consultant hereby veri?es that it does not,nor willit,“boycott energy companies.‘through the term orthis Agreement.As required by chapter 2274 of the code.and as such terms are de?ned therein,consultant hereby veri?es that it does not have a piaciice.policy,guidance,or directive thet discriminates against a "firearm entity'or -?rearm trade association."and willnot discriminate against a ?rearm entity or ?rearm trade association through the term otthisAgreemerrt As required by chapter 113 at the Texas Buslness at commercecode.and as such terms are de?ned therein.consultant is not owned by nor has the majority of stock or other ownership interest otthe oompany held by (i)individuals who are citizens of china,Iran,North Korea,Russia or a "designated country‘,or (ii)a company or other entity,including a governmental entity,that is owned or oontrolled by cllileiis oior is directly controlled try the government at china,lrarr,North Korea,Russia or a “designated cnunlry." consultant is headquartered in Houston,Texas. 7.a survival.Ail otriigatione arising prior to this Agreement and all provisions of this Agreement allocating responsibility or iiatriiityoetween the padres will survive the completion oi the services and the termination of this Agreement. 7.9 EntireAgreement.This Agreement supersedes all prior agreements and,together with any work release document issued under dris Agreement and signed by both parties,constitutes the entire agreement between the parties.Any amendments to this Agreement will pa in writingand signed by both padres.in no event will the printed terms any purchase order,worlr artist.or other document provided try client modlty or amend this Agreement, even s signed by consultant,unless consultant signs a written statement expressly indicating that such terms supersede the tenns orthis Agreement.in the event at an inconsistency between these General conditions and any other writings,which comprise Ihis Agreement,the other writings willtake precedence. ver MNEJV2022 City oi Peariand -Proposal -El/3479-23150 Employee-owned.client Focused.»I6LeadandCopperRuleRevisedCompliance DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 A(‘)RI) L/’CERTIFICATE OF LIABILITY INSURANCE 0/we IMMIDIJ/WW] 8/IO/2023 REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLV AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELV OR NEGATIVELV AMEND,EXTEND OR ALTER THE COVERAGE AFFORDEO EV THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUINC INSURERISI,AUTHORIZED IMPORTANT:If the Cur?liczim holder is an ADDITIONAL INSURED,the pu|iCy(iCsj must have ADDITIONAL INSURED provisiuns or be endorsed. I1 SUBROGATION Is WAIVED,subject to Ihe terms and Cond ians of the pnlicy,certain policies may require an endorsamnm.A statement on this certificate does not comerrights to the Certi?cate holder in lieu 0!such endursemenus). "R°“”°F,R SEFJE’-‘°'_my N0y0IaGTSBIIWInsuranceErokeraePHONE 378 anSe|I Road.SUIIS3 0 J;%,,{*T"—“'3 N“”“ T —— Npharetta,GA 30022 ADDRESS IBIII/nu)/DIa@<2I lNSURER(SI_AFFO_I3DINGCOVERAGE I_mun» _,Jgsunsxn.NaIIonaI Union FI[C Ins Co PIIISDIHQITPA i_ _19445 ‘"5 °__INsuRERR./\IIIedW Assurarinr.Cnmgriny(US)__ 19409 F1905,"§;I°,;ge;If'a§gIgg§g35,?/\rgDQaU|Cnmg.-in _, 19801 Houston "TX 042 ' INSURERD:Ngw Hnmgshirn InsIIraIICc CO_Im)agy 23041 INSURERE Iiuyns 005202 INSURERF Evansmn Insurance Cnmuan 35370 COVERAGES CERTIFICATE NUMBE 756514672 REVISION NUMBER: INDICATE . INSR ADDLISUER THIS IS TO CERTIFV THAT THE POI ICIEs OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURFD NAMED ABOVE FOR THE POLICY PERIOD NOTWITHSTANDING ANV REQUIREMENT,TERM OR CONDITION UF ANY CONTRACT OR OTHER DOCUMFNT WITH RF'sI=Fv'I i‘O WHICH THIS CERTIFICATE MAY BF ISSUED OR MAY PERIAIN,THE INSURANCE AFFORDED EV THF POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, FXCLUSIUNS AND CONDITIONS OF SUCH POI ICIES I IMITS SHOWN M/W HAVE BEEN REDUCED DV PAID CI AIMS POUCV’arr vuucxEXP AUIOIUDDIIO2/.Excess I.II:IbIIIIyCoverages,where reqmred by WIIIIEFICnntmnt -DIESCRIPTIDVNDFURERATIDNS/LOCATIONS/VEHICLESIacoxn1I71,AdrII|IunalRi:m:Iks scI.m.E=,‘mayImamm Hmnm spams ..qIIII..I, Thu <:IIyOI P£‘,FIIIEm(I,Texas Is iIIcIuIIs0 as an /\ddI(IOI'IaI Insured IIIIIIIICSOCCIIDComm,AI.1IoIrIohiI00 Excess I.IabIIIIyCuverages wnemmama bywnunnCOritIDcI.WaiverS oI Submgatiuii are crowdedOn L:eIIaIIDHrICCily OiPOaIInnI1,TnXOSwith respect I0 Workers‘cumpeIIsaIIon,Ccnm, LTR rvreoriwsuwcr IN D WI,PDLICVNUMIIER MM/DDIVVVVIIMMIDDIVYVV)LIMIYS A ‘/FOMMERCIALGFNERALLIABILITYGLESSDSBZ0/1/2023 ,0/1/2024 ,$2,000,000 ‘CI./\I‘IlS—M/\DE‘ ./IOCCUR ,IPRFMI rs $500,000 ‘ Iv1FI'7F)<P_(rAnyLrIeI‘t:I.-IOI)_s25,000 VFFRSCNAIs4nvIIII0Iw _s'2,000,000 W ,ewIx<::,-IILI,-/IILIIIIII ma mxosmxre e4,000.000 7I:oIIz;v[/”I§’L;Enos cow/crux 34,000,000 __ j 0 {HER _____ ? ‘ /\AUTOMDEILELIABILITV CA57746BU 0/1/2023 0/1/2024 s2ImImm_,Iwxxuro T OV/NFD SCHEDULED 7' AUTOS om x AUTOS ,,HIRFTJ NONVOV/NFD Aumsoxw /‘Aurosorxw s B ,UMERELLALIAE 0..,,‘0313 5205 0/1/2020 0/1/2024 W U,,,,m;,5I0‘u0I,‘,,I,(, I txczssma I .I_I\IMSNAD[ ‘‘xssnrqxrp $10,000,000 JDED I /HLILNHKINSIOIODD S C woaxsnscomnsxriow we 0132057zs0(Aos)0/1/2023 0/1/2024 ,II_>;§w,F I W1 I ANDEMPIJIYERS‘LIAEILITV I I .,,..o —D Awwwmmw,WWMM 31,»:Wt,01J}G57b4(L/\)0/1/2023 0/1/2024 _,mmwuw 51 U OFFICER/MFIIIRFRFXC,DH)"5N]NM ' IMHIIKIRIOVYINH)‘FL DISEASE E/\tI‘III’LUVLL 51000000 I l‘§,rIr ~I’wrI<§~‘o"r°?I'pE/wIoIIsusI0w _EL DISLAS —P()lICY|IMIT s100000I7 E Prnfv,sIOIIOILIabIII'(y I I3U146LDUSA23051A7 0/1/2023 0/1/2024 ,PerCIaIm 55,000,000 I Aggregatr.55,000,000 F POIIUIIu!ILIabIIIIy cI=LMoL112071 0/1/2073 0/1/2024 wcroucurmn 55,000,000 I I W ___ Ag_qrCgaIO$,000 00707,,“ CERTIFICATE HOLDER CANCELLATIONCityofF’eaIIarIdEnIneerin8.PUDIICWorks206OldAVinRdPearlandTX77581 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHEEXPIRATIONDATETHEREOF,NOTICE WILL BE DELIVERED INACCORDANCEWITHTHEPOLICVPROVISIONSAUTHORIIEDREPRESENTATIVEMaIIaSOrmazaACORD25(2016/03)um um I :/.:/:m ,.n ..H‘Hr I.7 I91/7/I ©1983-2015 ACORD CORPORATION.All rights reserved.The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 AGENCY CUSTOMER ID LOC 34: /»—-3 W/LCQRD ADDITIONAL REMARKS SCHEDULE vageimi ....LJ/\E .BKISim/Ir.r:s,110E9'"W="‘W 5'°’<9’d99 14701n§Ir.°IW1W“;dLana‘smmA00 PoLICVNuMBkR "’ HuusIonTx 042 (CARRIER NAIC CODE mscruuexxara. ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE To ACORD FORM, FQRMNUMBER:25 _5)RIvI T1TLE:CenI?<;a|e 01VLVI51bIlIly(O3/16) HOLDER my o1PeaIIarI0 E?gmeermg a.I—IIIIzIIcWorks AD0REss:_g01som AIvIn Rd Pczmand TX 77501 **Add1I1une1 N med 1Ivds**: Rcrg—011ve1 Ae 0 1dte I470I Mary's Len ,r to A00;Houston,1x 77070 Her;on v11onmenteI Svrvwccs;1507 South 1 G;Au5t1n,TX 75 41 LJA ,frdnFrnu7urv,TI‘;3600 w Sam Uouslun Pkwy s,su Le :50,uouSLuu,TX 770A7 LJA xd1I,LL(3000 w sam Houston Pkwy s,Suitc I50;Ho sLon,1x /7042 170 SLrvvy’ng,Tnc.;3600 w Sam Housion Pkwy s,su 1 Ho0sLon,1x 77047 LJA Hui ds,’wc.;3600 w m UousLon Bkwy s,cuwtc 150;houeton,1x 77047 LJA nnvIronme«taI Scrvxces,110;1470:‘t.Mary's L ,Suite 400;Houston,7x 77 -2 ;JA Program Nanaqcment,LLC (zxe Ramos cuneuItInq,I;6720 Veught Ranch Road,Su1Le 140,Austwn,TX 78/30 nJA Energy,1x0 3000 0 VJA Teleuom,inc.(:1 Rock,:x 70001 Paragon ‘nsu1I1ng (lump,Tnc.150 A1 rport,Rd,Gr1FF1'n,CA 30224 A11 e ung1nee g 0 pIennInq TIC;A111a;firvoyinq Lnc;DBA A1l1an<.,g1nnotInq 310:Lendsndpc Arch1tocturc;299 s Vain sIreot,Su‘tQ A,A1phareLLa,GA 30009 0 o.THC.1700 71st SLre vezn Roach,FV 32950 t1on,Tnc.,LIJA mg nee-n‘nq,Tnc.,3600 ‘II Sam Ilnuslnn vkwy.S,su1Le 000,Fouston,“X 77047 to'I Pkwy S,‘.5u‘Le 600;Houston,‘TX 77042 or GXT,LLII.)Z700 Ta Vrmvtcra B evard SSJLIE‘1.Round Gcgrvorzil ‘njb?wty Maximum Armeval Aggxvgdtrj “rm:510,000,000 A11 no11c'1o:—llsted (except,Lor Work Cam}:and Proie.-1onaL L1d1>-‘V-‘ty) Additional Insured that provides AI1d1I1um1 TII5:\1rc‘d staLus Lo Lhe:I:e1., 1s ti 'uz.L(Len mm (hn(n~q:r'rt~.<\1Ch status,‘Id Orly roger. Ied LrIHI1ro:i pk‘pahey forms 352010 12/ [‘I.);(‘.I\7040 ‘7/‘3 (Auto) de an :Z:HLL)Il\:-;(‘iLi to Ho1dcr on1y when (hvrv q work perlorm.on behalf of the Ianawudcs ohqolng opeImt1nns]0 007037 ‘2/19 Covvraqv prov'dcd on the Genera,and A010 La i7ity 1G_ rcqL1rcd by a wrLtten con1:eeI exeugtvd pr%or to a 1oss. r1ma1y end xnn—enntr-butory 11 ALI po11c1ee 11sLed pznvide a Eldrkct Waiver conLracL exe(ted p11o1 Ln d 1:.per pn‘1uy Forms cc 2404 12/19 (00);A 70 40 (I0/13)<AuLoI;end w 00 03 13 (4/04)Iwu).Thv 0mhrnI1e P1ub1l1Ly pr11 y 101100 Fnrw to the under1y1ng Gr“vray Aulomohjlv and Emp‘nVcrs T1ab1WiLy p911 Suhroga‘whvn roquwrcd by w11ILen A11 po'i~up I "ted wne1ude an endnr.providing that 30 day paync t o1 prem W111 we A To the Car .cate Holder by Ine IISLrarcquredbywr1LeenconLzaut. L eeo11at1on -50 Carrier,11 not ‘ 0 ACORD 101 (2008101)©2003 ACORD CORPORATION.All righks reserved.The ACORD name and logo are registered marks of ACORD ATTACHMENTI70!/.517 I mm "rm An v IN 0/7/2073 1 -;t.,n m Ierm I mg"7 DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 -sma-2 8/10/Z023 COMMERCIALAUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsemenl modilies insurance provided under the (allowing: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM POLICY NUMBER:CA srueeu With respect to coverage provided by \his enrlorsement,the provisions of the Coverage Form apply unless modified by this endorsemenl. This endorsement identifies personlsi or organizationisl who are "insureds"under the Who Is An Insured Provision of the Coverage Form.This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of lhe policy unless another date is indicated below. Endorsement EIISCIIVB1 OB/01/2023 Cuuntersigncd By: I . .///' (Authorized Hepresenlativel SCHEDULE Name :2!Personlsl or Organizationlsi: AS REQUIRED PER WRITTEN CONTRACT CA 20 I38 02 99 Copyright,Insurance Services Oiiice,inc.,199823/74 nxsrcx CL:l,l.\LuLL .\».».:¢y mm Yx/,C/7'I'/''7:-*0 wi r_,q.,3.,r,r DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 (N no entry appears above,mtnrmation requrrert to complete this endorsement wrll be shown rn the Declara- tions as appncable to the endorsement.) Each person or urganizauon shown in the Schedule is an "msured“(0:Liability Coverage,but unry to the extent that person or organization qualihes as an “msured"under the Who is An Insured Provrsion cuntamed in Section II of the Coverage Form. Page 2 01 2 Copyright,Insurance Services Ofhce,Inc.,1998 CA 20 43 D2 99uIy1‘.l>‘7 /‘//A .~,.<»=v r»am «y ma r a/.c/237!r 7:;c m rt.:;n am a 1:DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 "559/4572 73/7/.V 'Ql IQL'\I :-up ENDORSEMENT This endorsement,effeclrve 12:01 A M gm)/2023 Iorms a part of rmhcy No,Issued to LJA EnvIrnrIrm‘,nIaI Servrces,LLC CA 5774650 bv NaIInn;3I Unmrl Fm‘.Ins Co PitIsburgIr P/\ THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. INSURANCE PRIMARY AS TO CERTAIN ADDITIONAL INSUREDS This endorsement nmdi/ies insurance provided under the fa//awing.‘ BUSINESS AUTO COVERAGE FORM Section IV -Business Auto Conditions,E.,General Conditions,5.,Other Insurance,(2.,is amended by the addrtion oi the ioIIow|ng sentence: The Insurance afforded under (hrs porrcym an addI1IonaI Insured will apply as primary Insurance for such addmonal Insured where so requrred under an agreement executed pnor to the date of accrdent.We wrII not ask any Insurer that has issued other Insurance to such eddmonal Insured to ccmrrbute to the settlement of Ioss ansrng out of such accident. AII other terms and conditions remain unchanged‘ 74445 I10/99)mm,Vin:5/3/702:,7:,n m (FSPI 114.»~DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 ENDORSEMENT This endorsement,eifective 12:01 A.M.8/Ill/2023 forms a part of Policy No.CA 5774551;issued to LJA EhvIrohInerIIaI Services,LLC bv Nahonai unmnFire Ins Co Pitismirgh PA THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. LIMITEDADVICE OF CANCELLATION PROVIDED VIA EMAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED This policy Is amended as follows: In the event that the Insurer cancersthis policy for any reasdn ether than nonpayment of premium, and ‘I.the car-Iceilatmrt effective date Is prIor to this policy's expIratIurr date,‘ 2.the First Named Insured Is under an existing cantractuai cb?gation to riotrfy a certi?cate harder when thIs palicy Is canceied Ihereinaiter,the "certrhcate HuIdar(sI"I and has provided to the Insurer,erther drrectiy or through Irs broker of record,the emari address of a contact at each such entrty;and G.the Insurer received this Information after the First Named Insured receives notice of cancellatiun of this puhcy and prior to this poIII:y's canceI|atIan effective data,via an eIectroI'IIc spreadsheet that IS acCeptabIetotI1eIrIsure7, the Insurer wIII provIdc advice at canceiiatmn Ithe "AdvIce"I vIa e—maII to each such certrtrcate HoIders Within 30 days after the First Named Insured provrdes such information to the Insurer; provided,however,that If a Specific number of days 15 not stated above,then the ACIVICEWIII be provided to such Certificate Holderls)as soon as reasonamy pra::l'ICabIe after the First Named Insured provides such Information tn the Insurer. Proof or the Insurer amarhng the Advrce,using the Inionriation provided by the First Named Insured, WIII serve as proof that the Insurer has ruriy satrsried its obirgatrons under this endorsement, ThIs endorsement does not artect,In any way,coverage provided under this pohcy or the canceiratroh at this pultcy or the etIectIve date thareor,nor shall thrs endorsement invest any nghts In any entity not Insured under tItIs poIIcy. The fo?owmg Dehnrtrans appIv to thrs endorsement: I.First Named Insured means the Named Insured Shawn an the Deciaratrons Page at trrrs peircy. 2.Insurer Ineahs the Insurance company shawn In the header an the Declarations page or thbs puhcy Authmiled Representative or ceuntersrgnature(in states where AppIicabIe)=.Iey ma.h/‘I/'/(I91 -2..I—w I ‘:II I '><jr,s of M DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 mam /A/7':vi: ENDORSEMENT This endorsement‘eifeotive 12:01 AM.08/01/2023 forms a part of Policy No.CA 5774550 issued to LJA Environmental Services,LLC by National Union Fire Ins Co Pittsburgh PA THIS ENDORSEMENT CHANGES THE POLICV.PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modi?es Insurance provided under the following. BUSINESS AUTO COVERAGE FORM Section IV -Business Auto Conditions,A.-Loss Conditions,5.-Transfer of Rights at Recovery Against Others to Us,is amended to add: However,we will waive any right of recover we have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an "accident“or ‘'loss‘‘if: (1)The "accident"or "loss"is due to operations undertaken in accordance with the contract existing between you and such person or organization;and (2)The contract or agreement was entered into prior to any "accident"or "loss". No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization.and we reserve our rights or lien to be reimbursed from any recovery funds obtained by any li'ljU|’Sdemployee. AUT ORiZED REPRESENTATIVE62897(6/95)‘frr N--r-r mo l !\:*r'r.y ,ar':i l E/in/72?:,.75~tw],,,;~~,M.K"x:DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 -seewz l 2:/:4 H4.Lu;(Q1 .-we I ~.»ni.=,mm 5/in/2021 _: LJ/\Environmental services,LLC POLICY NUMBER:GI.6360582 8/10/2023 COMMERCIAL GENERAL LIABILITV CG 20 10 12 19 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 SCH EDULE Name Of Additional "InsuredFerson(Vs(/lw 5 Or Organizat‘ ANY PERSON OR ORGANIZATION WHOMYOU BECOMEOBLIGATED TO INCLUDEAS AN ADDITIONAL INSUREDAS A RESULT OF ANY CONTRACT OR AGREEMENTYOU HAVE ENTERED INTO. A.Section II 6 Who Is An Insured is amended to include as an additional insured the personlsl or organizationlsl 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 insuredlsl at the Iocationls) designated above. However: 1.The insurance afforded to such additional by law;and2.If coverage provided to the additionalinsuredisrequiredbyacontractoragreement,the insurance afforded to suchadditionalinsuredwillnotbebroaderthanthatwhichyouarerequiredbythecontractoragreementtoprovideforsuchadditionalinsured.CG 20101219 I rttti Information iequiredto completethis Schedule,if m;;;t’;;wnabove:will be shown in the llerclarrationsrir 0 Insurance Services Office,Inc.,2018 Location(§l__9f CoveredOperations _ PER THE CONTRACT OR AGREEMENT. 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.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 insuredisl 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 contractorsubcontractorengagedinperformingoperationsforaprincipalasapartofthesameproject.Page 1 of 2Sign2atm DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 C.With respect to the insurance afforded to these 2.Available under the applicable limits of additional insureds,the following is added to insurance; Section Ill —Limits Of insurance:Whichevm is less. if coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is the amount of insurance: This endorsement shall not increase the applicable limits of insurance. 1.Required by the contract or agreement;or Page 2 of 2 0 insurance Services Office,Inc.,2018 CG 2010 1219‘$694512 i um Ha“e"tux‘:i mm Hwir i B/i‘/'/U/‘I :7-V.ll i we 9 c[M DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 CG 20371219 LJA Environmental Services.LLC POLICY NUMBER’GLEGBDEEZ 8/IO/Z023 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 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 LIABILITYCOVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITYCOVERAGE PART SCHEDULE Name Of Additional Insured Personlsl _..,...Q!,9'9a"I?E1‘E3!‘l5l ANY PERSON OR ORGANIZATION WHOMYOU BECOMEOELIGATED i TO INCLUDEAS AN ADDITIONAL INSURED l AS A RESULT OF ANY CONTRACTOR AGREEMENTYOU HAVE ENTERED INTO. A.Section II —Who Is An Insured IS amended to include as an additional insured the person(s)or organizationtsl 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 "product3~compIeted operations hazard". However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law;and 2.If coverage provided to the additional insured is required by a contract or agreement,the insurance afforded to such that which you are required by the contractoragreementtoprovideforsuchadditionalinsured.72.74.thunk Lori);..M I\L‘t1L~)‘«mi l 3/_:/2022 ;25:,n Ni (EST) Information required to complete this Schedule,if not showri?above,will be shown in the Declarations. PER THE CONTRACT OR AGREEMENT. B.With respect to the insurance afforded to these additional insureds,the following is added to Section III —-Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement:or 2.Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. 0 Insurance Services Office,Inc.,2018 Pagel of I2.DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 LJA Eriviroiimmitnl SUVVICCS,LLC B/I0/2023 pgiicy NUMBER; 3 ,.COMMERCIAL GENERAL LIABILITV“'°‘5°5’” CG 2o 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIOUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2)You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary:primary and would not seek contribution P?maw And Noncnmribumw Insurance from any other insurance available to the .....additional insured.This Insurance IS primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (‘I)The additional insured is a Named Insured under such other insurance:and IL63/II?I C$3,.ZQ.QJr12.18.,..,X\/92I5E5W/iiPR5«SEEl/ilCe§.QW‘50-ul"CI 2018 Page 1 of 1 DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 B/10/2023 LJA Environmental Services,LLC poucy NUMEER;GL 6350582 COMMERCIAL GEI:EGRl3IiL2i2B1IL)l1£';\:(a THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLV. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITYCOVERAGE PARTLIQUORLIABILITYCOVERAGEPART POLLUTION LIABILITYCOVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITYCOVERAGE PART SCHEDULE Number ol Days‘Notice _ 60 (II no entry appears above,inlormation required to complete this Schedule will be shown in theDeclarationsasapplicabletothisendorsement] For any statutorily permitted reason other than nonpayment of premium,the number of days requiredIornoticeofcancellation,as provided in paragraph 2.ol either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement,is increased to the numberofdaysshownintheScheduleabuve. CG O2 24 1093 Copyright,Insurance Services OIflCE!,Inc.,1982 Page1 oi1 Cl7SE9A5i'/i 7:/w.M'srr'mm *..rn nu‘.r-y i..~.i l am/ma ‘Ir/I,-'f m (‘mi But ,2 J‘/Ii DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 LJ/\Environrnontai services,LLC 5/10/2023 pOL|Cy NUMBER:GLSSGOW COMMERCIAL GENCE(I:A2|;I.‘;‘AlIi1I;ITl\E(, WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATIONI This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETEDOPERATIONS LIABILITYCOVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE NameOfPerson(sIOr Organizationlsl: PURSUANT TO APPLICABLE WRITTEN CONTRACTOR AGREEMENTYOU ENTER INTO. Information required to complete this Schedule,if not shown above,wiII be shown in the Declarations.I I The IoIIowing is added to Paragraph 8.Transfer OI Rights Of Recovery Against Others To Us of Section IV —Conditions: We waive any right of recovery against the pcrsnnIsI or organizationIsI shown in the Schedule above because of payments we make under this Coverage Part.Such waiver by us appiies onIy to the extent that the insured has waived its right of recovery against such porson(s)or organization(s) prior to loss.This endorsement applies onIy to the person(s)or organizationts)shown in the Schedule above. CG 24 041219 ®Insurance Services OIIi::e,In::.,2018 Page ‘I of 1‘ESJ/,E'2 I 2n/2».~.,..-4 (‘rr’r’“(KL Ashlry Hum:u/H/7"«<r -VF gm I Mu»TI 0'2.-DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 10. 11. 12. Ei.‘ltJELDUSA2Cm51J7 tiA snvirenrnenisi Sarvtcnrs,tic 8/tn/2n23 However,to the extent that Damages and Claims Expenses would be covered by the tenns and conditions of this Policy but excluded or limited by such other insurance,this Policy,subject to its terms,conditions,exclusions and limitations,including the Retention,shall be primary to such other insurance with respect to the exduded or limitedDamages and clsims Expenses. Any deductible or se|Hrlsured retention payments made by or on behalf oi the Assured or payments by insurers under such other insurance shall be deemed to apply towards satisfying the Retention obligations under this Policy CHANGES None or the insuring Agreements.Exclusions,De?nitions or conditions or other terms or this Policy shall be amended.waived or otherwise changed except by endorsement hereto signed hy the insurers. NAMED ASSURED As AGENT The iirst Named Assured speci?ed in Item I of the Declarations shall he considered the agent at all Auundl with respect to the giving of or receipt ct all notices pertaining to this Policy and shall be responsible for the payment to the insurers oi ell premiums and tor payment of the Retention. PREMIUM The premium for this Policy shall he the amount speci?ed in item 5 of the Declarations SUBROGATION In the event orany claim under this Policy,the insurers shall he submgalad to all or the Assured's rights of recovery against any person or entity,and the Assured shell execute and deliver to the insurers any and all necessary documentation.instruments and records and do whatever else is necessary to secure and eniorce such rights.The Assured shall take no action sner such claim is made against it which preiuciees such rights orinsurers. The insurers agree to waive their rights of recovery fora Claim to the extent the Named Assured had, prior to such claim,is written agreement to waive such rights. ASSIGNMENT No assignment or lransier oi any Assured‘:rights under this Policy shall bind the insurers.If an Assured shall die or be adjudged incompetent,such insurance shall cover that Assured‘:legal representative as an Assured as would be pennitted by this Policy. MERGERS AND ACQUISITIONS in the event that the named Assured (i)acquires any other entity or acquires substantially all the assets oi another entity.or (ii)merges with another entity such that the Named Assured is the surviving entity,or (iii)creates or acquires a subsidiary alter the eiiective date or this policy,no coverage shall be at-rorced under this policy tor any claim arising out or wrctessionsi services, Contracting Sorvicos or Technology services performed by or alleged to have been periermed by i .The itsrned Assured provides written notice to the insurers oi such transaction or event notmorethanninety(so)days aiter the eiiective date of such transaction,or event.and2.The Named Assured promptly provides the insurers with such inicnnetion in connectiontherewithastheinsurersmayreasonablydeemnecessary,andPage|21 NE Select 2013 V8lscn?z i 7'0/74 Hevuv Dervtnuu i Ashley new A I/so/zen 1-1s.ta er tlzsn i ..e.1.or hr DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 This Endorsement terms part orPolicy No.2 at:i4sLDuSA2305t47 emirzoza issued to-LJA snviiennenai Salvlcas,Lu: issued by:Convex insurance UK Limited and as shown in the Market sheet Eiiective:12.01 am Local standard Time on 1 September 2022 Endorsement No .13 LIMITEDAuTNoRlTv To lssuE CERTIFICATES OF INSURANCEENDORSEMENT in consideration oi the premium charged,it is hereby understood and agreed as ioliows: (1)undemrllers authorize Greyling insurance Brokerage and Risk consulting inc the (“certliicate issuer’) to issue curtlttcn or insurance at the request or direction oithettnurod.it is expressly understood and agreed that,supieot to Paragraph (2)below,any certittuito of insurance so issued shall not conier any rights upon the Certi?cate Holder.create any obligation on the part oi the Underwriters,or purport to,or be construed to,alter,extend.modlly,amend,orotherwise change the terms or conditions ofthis Policy in any mannerwhatsoever.in the case of ny conlilct between the description of the terms and conditions oi this Policy oontained in any curtltlc o ot Insurance on the one hand,and the terms and conditions oi this Policy as set iorth herein on the other.the terms and conditions oithis Policy as set iorth herein shall contiol, (2)Notwithstanding Paragraph (1)above,such Cunl?ulu of Insurance as are authorized under this endorsement may provide that in the event the underwriters cancel or non~renew this Policy. Underwriters shall mail written notice of such cancellation,or non-renewal,to such Certi?cate Holder within a speci?ed period of time;provided,however.that the Undenlvriters shall have not be required to provide such notice more than an days prior to the eiiective date oi cancellation or non—reiiewal,The Assured shall provide written notloe to the Underwriters oi all Certi?cate Holders and the numtzeroi days‘ written notice oi cancellation or,non—rt=,-riewai,ii‘any,speciiied in each cenlilcate M lnsuranu (i)at inception of this Policy,(ii)90 days prior to expiration orthis Policy.and (iii)within 10 days oi receipt oi a written request lrorri Underwriters.underwriters‘obligation to mail notice oi cancellation or,nari~reriewal as provided in this paragraph shall apply solely to those Certiiicate Holders with respect to whom the insured has provided the ioregoing written notice to the underwriters. (3)it is iurther understood and agreed that underwriters‘authorization oi the certtiicete issuer under this endorsement is limited solely to the issuance oi cmmcatos oi lnsuranco and does not authorize. empower.or appoint the certi?cate Issuer to act as an agentior the underwriters or tzind the Underwriters ior any other purpose.The Certi?cate iasuer shall be solely responsible tor any errors or omissions in connection with the issuance oi‘any cnrtiiioato oi Insuunca pursuant to this endorsement. (4)As used in this endorsement certliiooto of insurance means a document issued ior iniormationai purposes only as evidence oi the existence and terms oi this Policy in order to satisiy a contractual obligation oi the Anurod. All other terms.clauses and oondltions remain unchanged. Page I 34 A/Eselect 21113vs (LIA Engineering 2022 V1)T553072 i 13/1|me,Carrlfxaxtl .mu,me i I/II)/1021 I one PM tun i use 15 .r at DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 snolxtm THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below (The lollowind"atlachmo clause“need he completed only when this endorsement is issued subsequent to preparation ofthe policy) This endorsement,erieclive 1251 AM 05/01/2323 tom-is a part of Policy No wt‘.013265763 (AOS) Issued to t,J/\Environmental Services,LLC BY A"’°""'”['"°m"°B C°m”a"y LIMITED ADVICE OF CANCELLATION PROVIDED VIA E MAIL TO ENTITIES OTHER THAN THE NAMED INSURED (WORKERS COMPENSATION ONLY) This policy is amended as follows In the event that the Insurer cancels this policy for any reason other than nonpayment of premium,and 1 the cancellation effective date is prior to this policy's expiration date, 2 the Named Insured or,if applicable,any other employers named in Item 1 of the Information Page is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter,the “Certificate Holder(s)“)and the Named Insured has provided to the Insurer,either directly or through its broker of record,the email address of a contact at each such entity,and 3 the Insurer received this information after the Named Insured receives notice of cancellation of this policy and prior to this policy‘s cancellation effective date,via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the “Advice")via email to each such Certificate Holders within E days after the Named Insured provides such information to the Insurer,provided,however that if a specific number of days is not stated above,then the Advice will be provided to such Certificate I-Io|der(s)as soon as reasonably practicable after the Named Insured provtdes such information to the Insurer Proof of the Insurer emailing the Advice,using the information provided by the First Named Insured,will serve as proof that the Insurer has fully satisfied its obligations under this endorsement This endorsement does not affect,in any way,coverage provided under this policy or the cancellation of this policy or the effective date thereof,nor shall this endorsement invest any rights in any entity not insured under this policy The following definitions apply to this endorsement. 1 Named Insured means the insured first named employer in Item 1 of the Information Page of this policy 2 lnsiirer means the insurance company shown in the header on the Information Page of this policy All other terms,conditions and exclusions shall remain the same AUTHORIZED REPRESENTATIVEwe99oo56(Ed.04/11)w:-sum;:2:/7i mm;CL:L,I)trI‘F i 2.»(‘_l -me 4/wave .:7s r .~l_.:iti we «r.at Vi)DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached eliective on inception date of the policy unless a different date is indicated below. aria iuiiowing "attaching clause‘need be completed only man this endotsenienl is issued subsequent to preparation oi the puilcy) This endorsement.effective 12:01 AM an/at/2023 forms a part of Policy No.wc 013255763 (Aos) Issued to LJA Environn1t:ntniS(:rvicns‘LLC BYArgonatit lnsurancc Company We have the right to recover our payments from anyone liable tor an injury covered by this policy.We will not entorce our right against the person or organization named in the Schedule,This agreement applies only to the extent that you perlurm work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benetit any one not named in the Schedule. Schedule ANY PERSON OR ORGANIZATIONT0 WHOMYOU BECOME 0BLlGATED TO WAIVE YOURRIGHTS OF RECOVERY AGAINST,UNDER ANY WRITTEN CONTRACTOR AGREEMENT VOU ENTER INTO PRIOR TO THE OCCURRENCEOF LOSS. This form is not applicable in Calilornia,Kentucky,New Hampshire.New Jersey.Texas.or Utah‘This term is notapplicableinMissouriwhenthereisaconstructioncodeonthepolicyandthereisMissouripremiumorexposure.WC 00 0313 Countersignecl by(Ed.04/64)"'-Authorized Representativel\>304li/i ‘M/Vi .r**t*«mu-.c i ;.e=-my P?fl ma/mi ':7s:\u »::¢7%r’7§25op_,_« A DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 TEXAS WAWER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated (The iniormatlon below lS required only when this endorsement is issued subsequent to preparation of the policy) This endorsement,effective 12:01 AM 08/01/2023 forms a part of Policy No WC 013255753 (A05) issued to LJA Eiiviioniiieiitai services,LLC BYArgoiiallt Iiisurahce Company This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A.of the Information Page. 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‘but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1,()Specific Waiver Name of person or organization (X)Blanket Waiver Any person or organization for whom the Named insured has agreed by written contract to furnish this waiver, 2.Operations’ALL TEXAS OPERATIONS 3.Premium:The premium charge for this endorsement shall be 2%percent of the premium developed on payroll inconnectionwithworkperformedfortheaboveperson(s)or organization(s)arising out of the operations described.4.Advance Premium:$2,158.00 gem il=eQ»§WC 42 D3 04 B Countersigned by_,_H,____V(Ed-6-14)Authorized Representative®Copyn'ght 2014 National Council on Compensation insurance‘Inc.All Rights Reserved'iSE94E"/22/7»i ishlr-v mmim 7r-'0 -.:l HJQL ,:J17:DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 B/10/2023 CALIFORNIA ADVANCE NOTICE OF CANCELLATION OR NON-RENEWAL BY US EXTENDED This endorsement changcs the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The tollowing "attaching clause"nccd he completed only when this endorsement IS issued st.-hscquont to preparation of the peiiey). This endorsement,effective 12:01 AM 08/01/2023 forms a part of Policy No.WC 013265784 (CA) Issued to LJA Environmental Services,LLC BY Argonaut Insurance Company THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following. WORKERS COMPENSATION AND EMPLOYERS LIABILITYINSURANCE POLICY PART SIX -CONDITIONS,D.-Cancellation,2.is deleted in its entirety and replaced with: We may cancel or non-renew this policy.We will mail or deliver to you not less than 10 days advance written notice of cancellation for reasons (a)through (g)and 30 days advance written notice of cancellation for reasons (h)through (m) of California Cancellation Endorsement WC990017.We will mail or deliver to you not less than 30 days and not more than 120 days advance written notice of rion—rehewal. Except for non—payment of premium and nonpayment of loss reimbursement or non—dcliveryof satisfactory security or collateral when due,for which we will provide advance written notice in accordance with the provisions of any applicable statute or regulation,we shall not provide less than the number of days set forth below. Mailing that notice to you,at your mailing address shown in Item 1 of the Information Page will be sufficient to prove notice. Cancellation:60 Days Non-Renewal:60 Days giett ll?-QWC990411Countersignedby_____________,,_____(Ed.as/03)Authorized Representativel?b??llz I mm ism,('r*«em I new,Vrwn r~/in/7"7.»i:7-a ‘I?i..:,i we r.;-4 /U DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3 alt U/2023 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT--CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date oi the policy unless a different date is indicated below. [The Ioiimviirg“attaching clause“need be culnpir-ted nniy when this erwlnrsernevt is issued subseqllenl In preparation oi the policy) This endorsement,ettective 12:01 AM 08/[)1/gags forms a part of Policy No.wc 013265764 (CA) ISSUGU'0 IJ/\EnvironrncnIaISnrvices,l,i_C I5)’Argunaul insurance Company Premium INCLUDED We have the right to recover our payments from anyone liable for an injury covered by this policy.We WIIInot 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 Irom us). You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule The additional premium for this endorsement shall be 2,00 %of the Caliiornia workers‘compensation premium otherwise due on such remuneration Schedule Person or Organization Job Descngtion ANY PERSON OR ORGANIZATIONWHOMOR NHICH YOU HAVE WAIVED SUCH RIGHT OR RECOVERY IN A WRITTEN CONTRACTWITH THAT PERSON OR ORGANIZATION PROVIDED SUCH WRITTENCONTRACT: I.IT CURRENTLY IN EFFECT OR I.~l|LL BECOMEEFFECTIVE DURING THE TERM OF THE POLICY:AND 2.WAS EXECUTEDAND BECAMEEFFECTIVE PRIOR TO THE OCCURRENCEOF THE INJURY COVERED BY THIS POLICY. WC 04 03 06 Countersigrled by _____(Ed.04/54)Authorized Representativewas/.a‘7 I mm ~..».»:r (‘s*v'v‘ante I r'\f»Il,Ey nmd I xr,:/mt -71-ll Pi‘!ILSKI M:')l or’7:DocuSign Envelope ID: 0AE5149E-0B20-493A-B9AA-01F061D3F7E3