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Home My WebLink AboutNational Plant Services, Inc.; 2025-06-24; PSA25-3756CACity AttorneyApproved Version 2/11/2025 PSA25-3756CA MASTER AGREEMENT FOR SEWER CONDITION ASSESSMENT SERVICES NATIONAL PLANT SERVICES, INC. THIS AGREEMENT (“Agreement”) is made and entered into as of the ______________ day of June, 2025, but effective July 1, 2025, by and between the City of Carlsbad, California, a municipal corporation, ("City"), and National Plant Services, Inc., an Illinois corporation ("Contractor"). RECITALS A. The City requires the professional services of a consultant experienced in sewer condition assessment. B. The professional services are required on a non-exclusive, project-by-project basis. C. The Contractor possesses the necessary experience to provide professional services and guidance related to sewer condition assessment. D. Contractor has submitted a proposal to the city responsive to Request for Qualifications RFQ25-3437CA and has affirmed its willingness and ability to perform such work as outlined in the Request for Qualifications. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained in this Agreement, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services ("Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement’s terms and conditions. Contractor’s obligations with respect to any project granted to Contractor under this Agreement will be as specified in the Task Description for the project (see paragraph 5 below). 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California area and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of three (3) years from July 1, 2025, through June 30, 2028. The City Manager may amend the Agreement to extend it for two (2) additional one (1) year(s) periods or parts of a year. Extensions will be based upon a satisfactory review of Contractor’s performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten (10) days after receipt of notification to proceed by City and be completed within the time specified in the Task Description for the project (see paragraph 5 below). Extensions of time for a specific Task Description may be granted if requested by Contractor and agreed to in writing by the City Manager or the Division Director (“Director”) as authorized by the City Manager. The City Manager or Director will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight 1June 24, 2025 Item #6 Page 444 of 1064 Docusign Envelope ID: 80BEFA31-391D-4BB6-A11B-15AE05F10CD2 24th City AttorneyApproved Version 2/11/2025 PSA25-3756CA on the part of Contractor, or delays caused by City inaction or other agencies' lack of timely action. In no event shall a specific Task Description exceed the term of this Agreement. 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed four hundred thousand dollars ($400,000). Fees will be paid on a project-by-project basis and will be based on Contractor’s Schedule of Rates specified in Exhibit “A”. Payment terms are Net 30 unless otherwise provided in Exhibit “A”. Payment terms are Net 30 unless otherwise provided in Exhibit “A” or agreed to in writing by the parties. Prior to initiation of any project work by Contractor, City shall prepare a Project Task Description and Fee Allotment ("Task Description") which, upon signature by Contractor and for City, the City Manager or Director, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination of these. If the City elect to extend the term of the Master Services Agreement, adjustments to the rate schedule may be permitted. Upon receipt of a written request from the Contractor, the City may consider approving a rate schedule increase. Rate schedule increases will be considered for each anniversary of the Agreement effective date after the initial three-year term. An increase to the rate schedule will be calculated based on the proceeding 12-month percentage change in the Consumer Price Index, San Diego Area, for All Urban Customers (CPI-U), as reported by the Bureau of Labor Statistics or 5.0%, whichever is lower. If the CPI-U is a negative number, then the rate schedule will not be adjusted for that year. The Contractor must submit a request and justification to increase the rate schedule at least sixty days prior to the anniversary of the effective date, assuming the City opt to extend the Master Services Agreement. The justification accompanying the written request should detail the rationale for the requested adjustment, and the requested adjustment amount, supported by relevant documentation (e.g., CPI-U or 5.0%, whichever is less). Approval of rate schedule increase by the City must be documented in an amendment to the Agreement. 6. PUBLIC WORKS 6.1 Prevailing Wage Rates. Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement constitute “public works” under California Labor Code Section 1720 et seq. and are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor Code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the specified prevailing rates of wages to all such workers employed by Contractor in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 6.2 DIR Registration. California Labor Code Section 1725.5 requires the Contractor and any subcontractor performing any public work under this Agreement to be currently registered with the California Department of Industrial Relations (DIR), as specified in California Labor Code Section 1725.5. California Labor Code Section 1771.1 provides that a contractor or subcontractor shall not be qualified to engage in 2June 24, 2025 Item #6 Page 445 of 1064 Docusign Envelope ID: 80BEFA31-391D-4BB6-A11B-15AE05F10CD2 City AttorneyApproved Version 2/11/2025 PSA25-3756CA the performance of any contract for public work unless currently registered and qualified to perform public work pursuant to California Labor Code Section 1725.5. Prior to the performance of public work by any subcontractor under this Agreement, Contractor must furnish City with the subcontractor's current DIR registration number. 7. CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize the Owner’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification- subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve Contractor of any other requirements as may be specified in this Agreement or Task Descriptions. 8. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to this Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 3June 24, 2025 Item #6 Page 446 of 1064 Docusign Envelope ID: 80BEFA31-391D-4BB6-A11B-15AE05F10CD2 City AttorneyApproved Version 2/11/2025 PSA25-3756CA 9. CONTRACTOR EVALUATIONS Work performed under this Master Services Agreement may be subject to the City’s contractor evaluation program. Prior to the release of any task orders, the Contractor will be notified of the program requirements and will receive a copy of the evaluation criteria and process. The Contractor’s performance may be evaluated and the results will be considered for future task orders or agreements. 10. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 11. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 12. INDEMNIFICATION Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described in this Agreement and Task Descriptions caused by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under California Civil Code Section 2782.8), then, and only to the extent required by California Civil Code Section 2782.8, which is fully incorporated in this Agreement, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction. Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault. The parties expressly agree that any payment, attorneys fee, cost or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation program is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 13. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current 4June 24, 2025 Item #6 Page 447 of 1064 Docusign Envelope ID: 80BEFA31-391D-4BB6-A11B-15AE05F10CD2 City AttorneyApproved Version 2/11/2025 PSA25-3756CA Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 13.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 13.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal and advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 13.1.2 Automobile Liability. (If the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 13.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 13.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 13.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 13.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 13.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 13.2.3 If Contractor maintains higher limits than the minimums shown above, the City requires and will be entitled to coverage for the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available to the City.” 13.2.4 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 5June 24, 2025 Item #6 Page 448 of 1064 Docusign Envelope ID: 80BEFA31-391D-4BB6-A11B-15AE05F10CD2 City AttorneyApproved Version 2/11/2025 PSA25-3756CA 13.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 13.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 13.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 14. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 15. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement. 16. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 17. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 18. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City: For Contractor: Name Eleida Felix Yackel Name Title Senior Contract Administrator Title Dept Public Works/ Contract Admin Address CITY OF CARLSBAD Address 1635 Faraday Ave. Phone Carlsbad, CA 92008 Email Phone 442-339-2767 6June 24, 2025 Item #6 Page 449 of 1064 Docusign Envelope ID: 80BEFA31-391D-4BB6-A11B-15AE05F10CD2 City AttorneyApproved Version 2/11/2025 PSA25-3756CA Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 19. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 20. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 21. DISCRIMINATION, HARASSMENT, AND RETALIATION PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination, harassment, and retaliation. 22. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 23. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City at the address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will 7June 24, 2025 Item #6 Page 450 of 1064 Docusign Envelope ID: 80BEFA31-391D-4BB6-A11B-15AE05F10CD2 City AttorneyApproved Version 2/11/2025 PSA25-3756CA determine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 24. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 25. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code Section 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 26. JURISDICTIONS AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California without regard to, or application of, choice of law rules or principles. Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 27. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 8June 24, 2025 Item #6 Page 451 of 1064 Docusign Envelope ID: 80BEFA31-391D-4BB6-A11B-15AE05F10CD2 City AttorneyApproved Version 2/11/2025 PSA25-3756CA 28. THIRD-PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than the City and Contractor. 29. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. This Agreement may be executed in counterparts. 30. PUBLIC AGENCY CLAUSE Contractor agrees that any public agency as defined by Cal. Gov. Code section 6500, if authorized by its governing body, shall have the option to participate in this contract at the same prices, terms, and conditions. If another public agency chooses to participate, the term shall be for the term of this contract, and shall be contingent upon Contractor's acceptance. Participating public agencies shall be solely responsible for the placing of orders, arranging for delivery and/or services, and making payments to the Contractor. The City of Carlsbad and Carlsbad Municipal Water District shall not be liable, or responsible, for any obligations, including but not limited to financial responsibility, in connection with participation by another public agency. 31. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. {signatures on following page} 9June 24, 2025 Item #6 Page 452 of 1064 Docusign Envelope ID: 80BEFA31-391D-4BB6-A11B-15AE05F10CD2 City AttorneyApproved Version 2/11/2025 PSA25-3756CA CONTRACTOR National Plant Services, Inc., an Illinois corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Keith Blackburn, Mayor Daniel Solano, President (print name/title)ATTEST: By: SHERRY FREISINGER, City Clerk (sign here)By: Patricia Pe a, Vice President Faviola Medina, Director of Constituent & Clerk Services (print name/title) Proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: _____________________________ 10June 24, 2025 Item #6 Page 453 of 1064 Docusign Envelope ID: 80BEFA31-391D-4BB6-A11B-15AE05F10CD2 City AttorneyApproved Version 2/11/2025 PSA25-3756CA EXHIBIT A SCOPE OF SERVICES AND FEES Perform a variety of tasks related to sewer condition assessments, as outlined in the individual Project Task Descriptions and Fee Allotments (PTD&FA), including but not limited to the following: A. Conduct inspections and assess sewer gravity mains (6” to 54”) or force mains using CCTV (PACP) and a variety of other technologies such as sonar, acoustic, laser. Include option for pre-inspection cleaning of gravity sewer mains. B. Conduct inspections and assess city-owned laterals using CCTV (LACP) or other agreed upon inspection methods. C. Conduct inspections and assess sewer manholes using technologies such as CCTV (MACP), 3D scanning (ex. CUES Spider). D. Provide data, prepare reports and recommendations for rehabilitation. Requests for work not listed above must be contracted under separate agreement. 11June 24, 2025 Item #6 Page 454 of 1064 Docusign Envelope ID: 80BEFA31-391D-4BB6-A11B-15AE05F10CD2 AT T A C H M E N T B M A S T E R S E R V I C E S A G R E E M E N T R A T E S C H E D U L E NA T I O N A L P L A N T S E R V I C E S , I N C . Pr i c e s v a l i d t h r o u g h T e r m o f A g r e e m e n t ST A F F A N D E Q U I P M E N T NA M E TI T L E FY 2 6 HO U R L Y RA T E FY 2 7 HO U R L Y RA T E FY 2 8 HO U R L Y RA T E Mo b i l i z a t i o n F e e Ea c h W o r k Or d e r ( 6 h r s R T ) Da i l y C r e w O u t o f To w n F e e s ( f o r mu l t i p l e d a y p r o j e c t s wh e r e c r e w s t a y l o c a l ) 1. M i c h e l l e B e a s o n Pr i n c i p a l E n g i n e e r , Pr o j e c t M a n a g e r $2 0 0 . 0 0 $2 1 0 . 0 0 $ 2 2 0 . 0 0 2. D a n i e l S o l a n o Pr e s i d e n t $ 2 0 0 . 0 0 $ 2 1 0 . 0 0 $ 2 2 0 . 0 0 3. P a o l a G u e r r e r o / J a s m i n V i l l a l o b o s QA Q C S p e c i a l i s t $8 0 . 0 0 $9 0 . 0 0 $ 1 0 0 . 0 0 4. Es t h e r A m o d i n g & J o h n F i g u e r o a P r o j e c t E n g i n e e r s $ 1 4 0 . 0 0 $ 1 5 0 . 0 0 $ 1 6 0 . 0 0 5. Jo r g e S a l a s Su p e r i n t e n d e n t $ 1 7 0 . 0 0 $ 1 8 0 . 0 0 $ 1 9 0 . 0 0 $2 0 0 . 0 0 6. Fe r d y M o r e n o , W i l l y C h a v e z , J u l i o Av i l a , + m o r e P A C P c e r t i f i e d op e r a t o r s a v a i l a b l e CC T V / M S I O p e r a t o r $ 1 4 0 . 0 0 $ 1 5 0 . 0 0 $ 1 6 0 . 0 0 $ 8 4 0 . 0 0 $2 0 0 . 0 0 7. CC T V T r u c k CC T V T r u c k $ 1 6 0 . 0 0 $ 1 6 5 . 0 0 $ 1 7 0 . 0 0 $ 9 6 0 . 0 0 8. Mu l t i - S e n s o r I n s p e c t i o n ( M S I ) Tr u c k MS I T r u c k $ 2 1 0 . 0 0 $ 2 2 0 . 0 0 $ 2 3 0 . 0 0 $ 1 , 2 6 0 . 0 0 9. Da n i e l R i o s , J o s e B e d o j a , + o t h e r Cl e a n i n g T r u c k O p e r a t o r Cl e a n i n g o p e r a t o r $ 1 5 5 . 0 0 $ 1 6 0 . 0 0 $ 1 6 5 . 0 0 $ 9 3 0 . 0 0 $2 0 0 . 0 0 10 . Cl e a n i n g T r u c k Cl e a n i n g T r u c k $ 1 6 0 . 0 0 $ 1 6 5 . 0 0 $ 1 7 0 . 0 0 $ 9 6 0 . 0 0 11 . Fi e l d T e c h n i c i a n / L a b o r e r Fi e l d T e c h n i c i a n $ 1 2 5 . 0 0 $ 1 3 0 . 0 0 $ 1 3 5 . 0 0 $ 7 5 0 . 0 0 $2 0 0 . 0 0 12 . Pi c k u p T r u c k Pi c k u p $ 3 0 . 0 0 $ 3 5 . 0 0 $ 4 0 . 0 0 $ 1 8 0 . 0 0 13 . Wi n c h Wi n c h $ 1 5 0 . 0 0 $ 1 5 5 . 0 0 $ 1 6 0 . 0 0 $ 9 0 0 . 0 0 PS A 2 5 - 3 7 5 6 C A 12 June 24, 2025 Item #6 Page 455 of 1064 Docusign Envelope ID: 80BEFA31-391D-4BB6-A11B-15AE05F10CD2 SU B - C O N S U L T A N T S NA M E / F I R M TI T L E HO U R L Y R A T E 1. C i t y R i s e S a f e t y Tr a f f i c C o n t r o l Su b c o n t r a c t o r Se e a t t a c h e d r a t e s h e e t 2. Po n d e r E n v i r o n m e n t a l Se w e r w a s t e d i s p o s a l co n t r a c t o r Se e a t t a c h e d r a t e s h e e t EX P E N S E S DE S C R I P T I O N CO S T % M A R K U P , I F A N Y 1. Al l S u b c o n t r a c t o r E x p e n s e s Co s t T B D 10 % ( C o s t + 1 0 % ) 2. Co p y s e r v i c e s $0 . 1 5 / p a g e No n e 3. P e r m i t s Co s t T B D 10 % ( C o s t + 1 0 % ) 4. C l e a n i n g W a t e r Co s t T B D 10 % ( C o s t + 1 0 % ) 5. M u l t i - S e n s o r P r o c e s s i n g a n d Re p o r t i n g $3 . 0 0 / L F No n e PS A 2 5 - 3 7 5 6 C A 13 June 24, 2025 Item #6 Page 456 of 1064 Docusign Envelope ID: 80BEFA31-391D-4BB6-A11B-15AE05F10CD2 4/3/2024 Iman Ghanem 24-065 707-748-7775 707-748-7776 707-333-1530 iman.ghanem@ponder-env.com Scope of Work: Ponder Environmental Services (PES) is providing the following Provide personnel and equipment for various jobs with National Plant Estimate is based on prevailing wage time and material All rates are portal to portal and travel will be charged on a time and material rate. Subsistence $275.00 per man (rates may vary depending on location), per day for meals and lodging. Item No. Estimated Price Extended Price 001 75.00$ 002 75.00$ 003 85.00$ 004 120.00$ 005 150.00$ 006 180.00$ 007 86.00$ 008 188.00$ 009 190.00$ 010 1,450.00$ 011 250.00$ 012 125.00$ 013 $30.00 014 24.00$ 015 30.00$ 016 25.00$ 017 32.00$ 018 55.00$ 019 77.00$ 020 74.00$ Provide Winch Truck for Frac Tanks Delivery/Pick up per hour TBD 21K Frac Tank Rental w/ Berm per day TBD 10K Frac Tank Rental w/ Berm per day TBD 50' Containment Berm per day TBD Bin Washout at Waste Connection per each TBD ESTIMATE / WORK AUTHORIZATION Customer: Address: Contact: Phone: Date: From: Estimate# Phone 2159 National Ave. Hayward, CA 94545 Michelle D. Beason National Plant Services, Inc. TBD 925-262-7366 mbeason@nationalplant.com TBD Provide Double Bin Truck for Bin work per hour Provide Single Bin Truck for Bin work per hour Fax: Cell: Email: Work Description Quantity Return Fax Cell: Email: TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD Provide Truck Driver ST per hour Provide Truck Driver OT per hour Provide Truck Driver DT per hour Bin Liner for 8 or 20 yard bin per each Waste Connections: Dispoal of Non haz Solid - Direct landfill Burial per ton Waste Connections: Disposal of Non haz Liquids for Solidification per ton Daily Bin Rental : 8 yard Bin per day Daily Bin Rental : 20 yard Bin per day Daily Bin Rental: 40 yard open top bin per day 25' Containment Berm Daily Rate Enviro-Pac: Disposal of non haz water w/ little Sludge per load Enviro-Pac: Washout per load Waste Profiling Fee per each TBD TBD TBD Office: (877) 265-8265 Ponder Environmental Services Inc. P.O. Box 1427 Benicia, CA 94510 Fax: (707) 748-7776 PSA25-3756CA 14 June 24, 2025 Item #6 Page 457 of 1064 Docusign Envelope ID: 80BEFA31-391D-4BB6-A11B-15AE05F10CD2 021 1,050.00$ 022 28.00$ 023 18.00$ 024 30% 025 5% TBD Bridge Fees on 5Axle Trucks per each TBD Bridge Fees on 3Axle Trucks per each TBD Vac Truck Washout at Oakland facility per each TBD Recovery Fee applied Over Invoice Fuel Surcharge over all powered equipments Total Estimate TBD Office: (877) 265-8265 Ponder Environmental Services Inc. P.O. Box 1427 Benicia, CA 94510 Fax: (707) 748-7776 PSA25-3756CA 15 June 24, 2025 Item #6 Page 458 of 1064 Docusign Envelope ID: 80BEFA31-391D-4BB6-A11B-15AE05F10CD2 The Customer acknowledges that the estimated cost is based on a preliminary appraisal based on the information provided to the Ponder Environmental representative and that the amount invoiced by Ponder Environmental will be based on labor and materials actually expended in performing the Scope of Work. Any changes in the Scope of Work will be billed in addition to the estimated cost specified above. Exclusions Ponder Environmental Services Inc. accepts no responsibility for the following items: 1. Permits from county or state. 2. Delays not caused by PES. Terms & Conditions: 1. Customer to provide 2. Rates are based on prevailing wage 3. All Material is assumed Non-Hazardous 4. All locations of work must be accessible at all times during this project – conditions limiting access or egress on site will result in additional costs. 5. Delays not within the control of P.E.S will be documented at billed at T&M rates or per signed change order. 6. Water for Pressure Washing or for construction needs will be provided by the customer. 7. The site must be accessible for 65 ft. trucks. 8.The estimate is valid for 30 days. 9. If paid by credit card, 4% will be added to the total of the invoice. Proprietary Notice: This submittal contains information that is confidential and proprietary to Ponder Environmental Services, Inc. (PES). PES requests that this information not be disclosed to any person outside the Client’s staff. Equipment Rates: 1. Equipment rates do not include labor rates, unless specifically stated in the price list. 2. Equipment rates do not include applicable taxes or government fees. 3. All charges are portal-to-portal. 4. Shifts are eight (8) hours unless otherwise specified Equipment Policies: 1. PES personnel will operate all PES equipment. 2. Bins or tanks provided by PES may only be transported by PES equipment. 5. Air Movers: Highly abrasive, corrosive, or contaminated service which causes rapid or excessive wear or 8. Demurrage- after 1 hour loading or 1 hour unloading (will be billed in ¼ hour increments). 9. All equipment is subject to a Fuel Surcharge. 3. The customer is responsible to pay repair or replacement costs if damage occurs while bins or tanks are in their use, caused by the customer’s employee or contractor, at the disposal facility, or caused by customer’s product. 4. If temporary storage tanks or bins are used, they will need to be cleaned to remove all oil, soil, drilling mud, silt, etc. PES will determine final pricing once the condition of the used tanks is known. deterioration of hose, pipe and filter bags will result in additional charges for replacement of these items at PES’rates. 6. All vacuum trucks tanks transporting Hazardous Material/Waste will be certified cleaned after each job to protect customer from any cross contamination from other projects. 7. PES’ commercial drivers will perform a minimum of a .5-hour DOT pre-trip and .5-hour DOT post trip each day which is billed at the hourly rate. PSA25-3756CA 16June 24, 2025 Item #6 Page 459 of 1064 Docusign Envelope ID: 80BEFA31-391D-4BB6-A11B-15AE05F10CD2 Labor Policies: 1. Straight time is charged for the first eight (8) hours scheduled Monday - Friday, unless otherwise specified. 3. Double time is charged after twelve (12) hours Monday - Saturday and for all hours on Sundays and on holidays. 4. PES billed holidays are New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Eve, Christmas Day or on the observed day. 5. Shifts are eight (8) hours unless otherwise specified. 6. All charges are portal-to-portal. 7. Labor rates do not include personal protective equipment unless otherwise stated in the price list. 8. Labor rates do not include travel expenses unless otherwise stated in the price list. 9. Labor policies do not apply to Emergency Response projects, see ER Rate Sheet for terms. Waste Policies: 4. Customer’s drums/totes must not be leaking or damaged. 5. Customer’s drums/totes must be transportable. 8. The actual volume of waste materials may vary from estimate and will be billed accordingly. 9. All contaminated PPE will stay on-site if not included in the estimate. Rental Equipment and Labor: Fuel Surcharge: Payment Terms: Upon approved Credit Application, payment terms are net 30 days from the date of the invoice. Payment terms for Emergency Response projects will require an upfront deposit and payments are due upon receipt. All payments received by credit card will be subject to a 4% convenience fee. In the event of a default, Customer agrees to pay all collection costs incurred by the company to collect. Customer's outstanding balance, including court cost and attorney's fees, interest at 18% per annum will be added to balances over 30 days past due. A fuel surcharge will be applied on the hours of equipment operation portion of your invoice only. The fuel surcharge will be based on the weekly average price of fuel, as determined by the federal government each week as published at https://www.eia.gov/petroleum/gasdiesel/ 2. Overtime is charged after the first eight (8) hours and up to twelve (12) hours Monday - Friday and for the first twelve (12) hours on Saturdays. 1. The Customer and/or the generator (owner) owns any and all waste from cradle to grave and PES assumes no liability for any and all waste generated or disposed. 2.Prior to the time of shipment and/or loading, Customer’s authorized representative shall sign a Waste Profile sheet with approval by a disposal facility in advance of scheduling the Services. Customer shall also sign waste shipping documents at the time of shipment (prior to loading). 6. If generators container starts to leak while in transport, generator authorizes PES, to over pack the leaking container and minimize any spilled material. PES will notify the generator within 24 hours of discovering the leaking container. Disposal for cleaned up material, manifests, profiles, supplies and labor may apply. 7. Disposal of Generators waste must be accepted at the receiving facility as profiled. If waste received is fully rejected or waste is non-conforming to the profile, generator agrees to additional surcharges associated with the rejection or non-conforming waste. If not listed in the items pricing above all rental equipment, materials, subcontractors, vendors, and consumables will be charged at cost plus a twenty percent (20%) administrative fee. 3. If Client conducts the analytical then client is to provide PES, all lab analytical prior to anything being transported off site. PSA25-3756CA 17June 24, 2025 Item #6 Page 460 of 1064 Docusign Envelope ID: 80BEFA31-391D-4BB6-A11B-15AE05F10CD2 Delays: Delays not attributable to PES and/or changes in job scope are charged at the published rates. Miscellaneous Items and Charges: Decontamination: Safety: From time to time, it is necessary to provide services and equipment that are not included in this price schedule. Miscellaneous items not included in this price schedule will appear as part of an estimate and will be in effect only for the duration of the estimate Due to State and Federal requirements, our equipment: must be de-contaminated after every customer or waste stream usage. This may be performed at the customer location or an off-site facility. If performed on-site, the charges will be per our time and material rate. If we must go off-site, the charges will be a cost plus a twenty percent (20%) administrative fee, in addition to our time and material rate. Cleaning of equipment and material owned and used by PES is considered to be an integral part of each project and will be done on the jobsite. Disposal of contaminated material, if any, is the responsibility of the customer. Any assistance required by the customer and provided by PES in arranging for transport and/or disposal of contaminated materials is to be considered will be charged to the customer at cost plus a fifteen percent (20%) administrative fee. Any such assistance does not represent an assumption of responsibility or liability for proper transportation or disposal of such materials by PES. It is the responsibility of the customer to advise PES of any materials or conditions in or around the vessels or work area that might constitute a hazard to personnel or equipment. This responsibility includes providing SDS information on a timely basis. Customarily, PES installs ladders in vessels in order to allow PES personnel to safely enter and exit the vessel. The ladders are intended for PES personnel use only. In the event the customer uses and/or allows other contract personnel to use the ladders, the customer must accept liability for those activities. The customer is to provide all necessary utilities, sanitary and wash facilities, inert gas and approved eating and break areas. This is not to be construed to mean that special buildings are required. PSA25-3756CA 18June 24, 2025 Item #6 Page 461 of 1064 Docusign Envelope ID: 80BEFA31-391D-4BB6-A11B-15AE05F10CD2 Approval and Acceptance: Sincerely, Iman Ghanem Client Relations Representative Ponder Environmental Services, Inc. Customer Signature Date Printed Name PO or Job Number PES appreciates the opportunity to provide you with the above estimate. PES is committed to providing a quality service in a safe, efficient, and cost-effective manner. Should you have any questions, please contact us at (707) 748-7775 The undersigned agrees and certifies that he/she is authorized to act on behalf of Customer, and Customer guarantees by his/her signature to compensate PES in full for all actual services performed as described above, which are due and payable 30 days after receipt of the invoice. All past due accounts shall accrue interest at the rate of 1.5% per month. No verbal Quotations are valid or enforceable . Customer shall pay all reasonable costs of collection, including but not limited to attorney’s fees and expenses incurred by PES. Thank you for the opportunity to give you a price estimate for this upcoming work at your job location. If you have any questions, please feel free to contact me at (707) 748-7775 PSA25-3756CA 19June 24, 2025 Item #6 Page 462 of 1064 Docusign Envelope ID: 80BEFA31-391D-4BB6-A11B-15AE05F10CD2 SC2.1A24 Description (1/1/25-12/31/25)Weekday/Standard Saturday/OT Sunday/Premium Contractor State License Board (CSLB) # 1067575 (WBE) #14110017 (Supplier Clearing House) DIR #1000623333 Signature and or email acceptance also confirms compliance with the terms and conditions I acknowledge that I have read the terms and conditions on the last page of this agreement 2 Techs 1 truck 4hrshift $1,095.00 $1,540.00 $2,046.00 1 Tech 1 truck 8hr shift $1,264.00 Serving all of California Main Office: 44800 Industrial Blvd., Fremont, CA 94538 Quote #:JH24-1030 Customer:National Plant Sr Estimator Quote Info:Crew rates for Carlsbad 12/30/2024 Page 1 of 3 Contact:Corey Joey Hanna Phone/Email:562-754-8787 925-209-1186 $1,676.00 $2,188.00 1 Tech 1 truck 4hr shift $758.00 $1,006.00 $1,313.00 2 Techs 1 truck 10hr shift $2,382.00 $3,124.00 $3,966.00 2 Techs 1 truck 8hr shift $1,825.00 $2,567.00 $3,410.00 Signature:Date: Note: $2,466.00$1,954.00$1,542.001 Tech 1 truck 10hr shift $4,074.00$3,209.00$2,447.002 Techs 1 truck 10hr shift Description (1/1/26-12/31/26)Weekday/Standard Saturday/OT Sunday/Premium 2 Techs 1 truck 4hrshift $1,125.00 $1,582.00 Each truck is equipped with standard MUTCD signage, and can tow an arrow board. Standard crew size is 2 Techs 1 Truck. Cancellation notifications made within 12 hours of start time will be billed at the 4hr minimum. Crews working 0-4 hours will be billed at a 4-hour minimum. Crews working 4-8 hours will be billed at an 8-hour minimum. Overtime rate per technician per hour is $139 per Weekday and Saturday, $186 per Sunday/Holiday City Rise will need advance notice prior to job starting to make sure crews are available. $2,102.00 2 Techs 1 truck 8hr shift $1,875.00 $2,637.00 $3,503.00 1 Tech 1 truck 4hr shift $779.00 $1,034.00 $1,349.00 Labor rates includes mobilization costs. Crews will be billed for all time on site. Name:Company: Title:PO #: Fixed Rate if client wants cosistent pricing for the duration of the project 1 Tech 1 truck 8hr shift $1,299.00 $1,722.00 $2,248.00 1 Tech 1 truck 10hr shift $1,584.00 $2,007.00 $2,533.00 City Rise Traffic, LLC operates as a subsidiary of City Rise Safety, LLC PSA25-3756CA 20 June 24, 2025 Item #6 Page 463 of 1064 Docusign Envelope ID: 80BEFA31-391D-4BB6-A11B-15AE05F10CD2 Additional Equipment and Services Item Quantity Unit $Extended $ Traffic Control Plan rates (lead times may vary contact TCP for ETA) Page 2 of 3Quote #: JH24-1030 Description (1/1/27-12/31/27)Weekday/Standard Saturday/OT Sunday/Premium 2 Techs 1 truck 4hrshift $1,155.00 $1,624.00 $2,158.00 2 Techs 1 truck 8hr shift $1,925.00 Engineer stamped Traffic Control Plans (3-5 business days), per sheet 0 $500.00 $0.00 Rush Engineer stamped Traffic Control Plans (1-2 business days) per sheet 0 $750.00 $0.00 Standard Traffic Control Plan (3-5 business day PDF delivery), per sheet 0 $250.00 $0.00 Rush Traffic Control Plan (1-2 business day PDF delivery), per sheet 0 $395.00 $0.00 Arrow Board/FAS, rental per month, Each*0 $520.00 $0.00 PCMS/Message Board, rental per day, Each*0 $230.00 $0.00 Rental items Arrow Board/FAS, rental per day, Each*0 $80.00 $0.00 Arrow Board/FAS, rental per week, Each*0 $255.00 $0.00 PCMS/Message Board, rental per week, Each*0 $575.00 $0.00 PCMS/Message Board, rental per month, Each*0 $1,440.00 $0.00 Type I barricade, rental per day, Each 0 $1.00 $0.00 Type I barricade, rental per week, Each 0 $6.00 $0.00 Type III barricade, rental per week, Each 0 $10.00 $0.00 Type III barricade, rental per month, Each 0 $25.00 $0.00 Type I barricade, rental per month, Each 0 $12.00 $0.00 Type III barricade, rental per day, Each 0 $3.00 $0.00 *Towable items may require additional truck or delivery Rental/Sale estimated Total $0.00 $1,334.00 $1,768.00 $2,308.00 1 Tech 1 truck 10hr shift $1,626.00 $2,061.00 $2,601.00 $2,707.00 $3,596.00 2 Techs 1 truck 10hr shift $2,512.00 $3,295.00 $4,182.00 1 Tech 1 truck 4hr shift $800.00 $1,062.00 $1,385.00 1 Tech 1 truck 8hr shift City Rise Traffic, LLC operates as a subsidiary of City Rise Safety, LLC PSA25-3756CA 21June 24, 2025 Item #6 Page 464 of 1064 Docusign Envelope ID: 80BEFA31-391D-4BB6-A11B-15AE05F10CD2 29. Payment terms are Net 30 days from date of invoice. 25. The client will be billed for all services rendered prior to an order cancellation. 26. Permit payments including refundable deposits and/or bonds are the responsibility of the client to be paid directly to the agency. 27. When City Rise Safety is requested to pay the Agency Fees on behalf of the client, a 10% service charge will be added to the total cost of the permit fees. 28. Refundable deposits or Bonds required by Agencies are the responsibility of the client. Invoicing T&C: Plans & Permits 21. Caltrans encroachment permits may take up to 60 days. Once approved, City Rise Safety can submit the LCS Request. Client to notify City Rise Safety a minimum of 15 business days prior to job start date to submit the LCS Request to avoid delay. 22. Plans and permits will start once client has been approved for credit or once payment has been received. Please ask about credit card payment options. 23. Permit applications will begin once all documentation and information are received from the client. 24. City Rise Safety offers 2 free revisions for traffic control plans. For scope change, work zone changes, or additional sheets additional fees may apply. 7. Any project quoted prior to approved traffic control plans, or when scope of work changes has occurred, may be subject to revisions. Traffic control plans will be provided to City Rise at time of scheduling a traffic control crew. 8. For projects involving a high rate of speed or limited visibility additional trucks/equipment may be required for crew safety. Additional fees may apply. 9. City Rise Safety reserves the rights to adjust rates due to delayed start dates and/or changes in duration of project. 10. Client is responsible for all fees regardless if project is in progress and canceled, including but not limited to subcontractor fees. 11. Client will have an authorized representative onsite to approve traffic control personnel work time. City Rise Safety Terms and Conditions Page 3 of 3 Traffic Control Services 1. A daily minimum charge (4Hr Rate) will be applied to all jobs. Cancellations less than two hours of scheduled start time will incur the daily minimum charge (4Hr Rate). Cancellation notices must be provided in writing. 2. Projects worked more than 4 hours but less than 8, will be billed at the applicable 8-hour day rate. 3. Over-time rates will be billed for work M-F after 8 hours but under 13 hours, and all day on Saturdays. Double-time rates will be billed for work after the 12th hour and all day on Sundays & Holidays. 4. Traffic Control Crews are billed for all time onsite, including mobilization/demobilization and travel times to multiple work locations, if applicable. location) will be subject to additional travel fees. Excess travel may require an additional quote for per diem rates. Anything past 50 miles is subject to a $3.95 per mile fee. 6. Standard traffic control is a Traffic Control Truck equipped with standard MUTCD signage, and one Arrow Board. Additional towable will be an additional charge. 12. Quote is valid for 30 days from submitted date. Quote to be signed and returned prior to the start of work. Scheduling of crews or the ordering of materials is considered acceptance of rates and terms provided. Sales & Rentals: 18. Contractor shall be liable for any and all lost, stolen, or damaged rental equipment. 19. Delivery fees will apply for any additional equipment required or requested. 20. Sales of specialty created signs/materials are final and non-refundable and are due in full at time of order 30. City Rise Safety shall not accept any discounts or charges after 2 weeks of the invoice issuance. 31. City Rise Safety shall be paid an annual finance charge of 10% for all late payments. 32. Client agrees to reimburse City Rise Safety for any and all collections costs incurred by City Rise Safety, plus a 10% administration fee. 33. Payments made by Credit Card in excess of $5000 will incur a credit card processing fee. 34. City Rise Safety does not accept paid-when-paid or retention payment terms. 35. Bonding requirements must be provided at the time of Estimation request. City Rise reserves the right to deny bonding requests made after Estimation has been provided. 13. Client must have a signed Master Rental Agreement on file with City Rise Safety before rentals can be released. 14. Delivery fees apply to all equipment based on type of location. 15. If the city/agency requires specialty no parking signs or equipment additional fees may apply. 16. A 48-hour notice is required for deliveries, rentals or installations. 17. Rental estimates and final billing may vary based upon the nature and duration of the Contractors work. City Rise Traffic, LLC operates as a subsidiary of City Rise Safety, LLC PSA25-3756CA 22June 24, 2025 Item #6 Page 465 of 1064 Docusign Envelope ID: 80BEFA31-391D-4BB6-A11B-15AE05F10CD2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 5/13/2025 Arthur J. Gallagher Risk Management Services, LLC2850 Golf RdRolling Meadows IL 60008 Christina Zumrick, Client Service Manager Christina_zumrick@ajg.com Zurich American Insurance Company 16535 CAROCOR-04 American Zurich Insurance Company 40142NATIONAL PLANT SERVICES, INC.1461 HARBOR AVELONG BEACH, CA 90813 American Guarantee and Liability Ins Co 26247 AIG Specialty Insurance Company 26883 Indian Harbor Insurance Company 36940 Starr Indemnity & Liability Company 38318 996134499 A X 2,000,000 X 300,000 X Contractual Incl 0 X XCU Cov Included 2,000,000 4,000,000 X X Y GLO 9377201-21 10/31/2024 10/31/2025 4,000,000 A 5,000,000 X X X BAP 9377199-21 10/31/2024 10/31/2025 C X X 5,000,000AUC 5916947-19 10/31/2024 10/31/2025 5,000,000 X 0 B X N Y WC 9377202-21 10/31/2024 10/31/2025 1,000,000 1,000,000 1,000,000 DEF Contractors Pollution LiabProfessional Liab.(Claims made)State of NY GL Excess Liability CPO15012758CEO7446379051000586060241 10/31/202210/31/202410/31/2024 10/31/202510/31/202510/31/2025 Occurrence/AggOccurrence/AggEach Ocur/Aggregate $10,000,000$2,000,000$3,000,000 City of Carlsbad/CMWD is shown as Additional Insured solely with respect to General Liability coverage as evidenced herein as required by written contractwith respect to work performed by the Named Insured. Waiver of Subrogation applies to City of Carlsbad/CMWD, as respects Workers Compensation policies,pursuant to and subject to the policy's terms, definitions, conditions and exclusions. 60 Day Notice of Cancellation applies in favor of Certificate Holder asrequired by written contract. City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O. Box 947Murrieta, CA 92564 ENDORSEMENT NO. 4 This endorsement, effective 12:01 AM, October 31,2022 to October 31, 2025 Forms a part of Policy No: CPO 15012758 Issued to: CARYLON CORPORATION By: AIG SPECIAL TY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION FOR DESIGNATED ENTITY ENDORSEMENT It is hereby agreed that the following is added to Section V. CONDITIONS, Paragraph J. SUBROGATION: The Company waives any right of recovery against the person or organization shown in the Schedule below because of payments made for injury or damage arising out of Covered Operations performed on behalf of that person or organization. This waiver applies only to the person or organization shown in the Schedule. SCHEDULE Name of Person or Organization: Any entity Vlklere required by written contract executed or to a Claim or Loss All other terms, conditions, and exclusions shall remain the same. or countersignature (in states Vlklere applicable) 127192 (01/18) Cl6189 Page 1 of 1 ENDORSEMENT NO. 5 This endorsement, effective 12:01 AM, October 31, 2022 to October 31, 2025 Forms a part of Policy No: CPO 15012758 Issued to: CARYLON CORPORATION By: AIG SPECIAL TY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED/ PRIMARY COVERAGE ENDORSEMENT It is hereby agreed that Section VI. DEFINITIONS, Paragraph Q. Insured is amended to include the following entity as an Additional Insured, but only for Loss arising out of Covered Operations performed for the Additional Insured. Additional Insured: Where required by witten contract entered into prior to Claim or Loss. This does not apply to Bodily Injury, Property Damage or Environmental Damage arising out of the sole negligence or willful misconduct of the Additional Insured. As respects the coverage afforded the Additional Insured, IMlen required by such witten contract, this insurance is primary and non-contributory, and our obligations are not affected by any other insurance carried by such Additional Insured IMlether primary, excess, contingent, or on any other basis. This Endorsement does not increase the Company's Limits of Liability as specified in Item 3. of the Declarations. All other terms, conditions, and exclusions shall remain the same. 132040 ( 10/18) Cl6284 AUTHORIZED REPRESENTATIVE or countersignature (in states IMlere applicable) PAGE 1 OF 1 3ROLF\1XPEHU:&21 "/0"0 0 0 *0#0#0 .%0+0$0$0 0 *0#0!0 ("-'0"0 ; 0& 0 ,-)0' 0 5 55555 555 +$#5,/1.$# 5 ?K5<;L<?=<?D.<;L ##.$//54&,"(1#&,%55-#$ 5 L?D,.;+D<;L,.#+<L5 L ,.CL&;$<?C&8&;EL8<$.(0&CL.;CG?;#&L=@<H.$&$LG;$&?LE,&L -++$."' )5$,$. 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BEARY MANAGEMENT SERVICES, INC. BEARYL FLEET SERVICES, INC. BIO-NOMIC SERVICES, INC. DEEP SOUTH INDUSTRIAL SERVICES, INC. METROPOLITAN ENVIRONMENTAL SERVICES, INC. MOBILE DREDING & VIDEO PIPE, INC. NATIONAL INDUSTRIAL MAINTENANCE- MICHIGAN, INC. NATIONAL INDUSTRIAL MAINTENANCE - SOLUTIONS, INC. NATIONAL PLANT SERVICES, INC. NATIONAL POWER RODDING CORPORATION NATIONAL WATER MAIN CLEANING COMPANY ROBINSON PIPE CLEANING COMPANY SPECIALIZED MAINTENANCE SERVICES, INC. VIDEO INDUSTRIAL SERVICES, INC. SELECT TRANSPORATION, INC. 1806 HARRISON, LLC INFRASTRUCTURE SUPPLY SOLUTIONS CORPORATION NATIONAL WATER MAIN CLEANING COMPANY - NEW ENGLAND NATIONAL WATER MAIN CLEANING COMPANY - FLORIDA, INC. ,*)'/0.+&(-0 00 "$0 ",&$+.02/&%4 8F&2.H 28428<$2.H (&.14",&4 && 8H '&#1)3&4"1&4 441".%"/%4*-&4 (&.14 4 4 4 4 4 %0 % 0 %0 % !#0 0 %0 '/%<H .2<$$<$3.H <2H 3=!8;H 3H .&&<$2.H <"$;H 038;*0<H !/;H <"H 53&$FH 5&;H 8H $<H 8?(&FH <#$;H .28;*1<H +3$$;H $/;?8/H 582B$H @.8H <! 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H 28 583B$H .FH $<$31&H $0;A8.H <"=H D3?'H 03<H BH 1H 583B$$.H >#H ;.H 3H <!$;H .39;*.< DH 8H .3<H 8;530;$&H 38H < H ?9FH $0<8$<FH <$*&$.;;H .B&$$<FH 3H $.39*<$3.H 2.<$0H $0H <"H ;!?&H 583B$H <2H @;H ;;9$ H $.H 5895!;H H .H H 3H <"$;H028;*.< &&H 3<!8H >8*;H 0H 3.$<$3.;H 2H <!$;H 63'$FH 8*$.H ?0 .H 4!4 U-GL-2182-A CW (09/19) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Additional Insured – Owners, Lessees Or Contractors – Completed Operations THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO 9377201-21 Effective Date: 10/31/2024 This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part SCHEDULE Name of Person or Organization: ANY PERSON OR ORGANIZATION, BUT ONLY WHEN YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS AND WHERE THAT CONTRACT SPECIFICALLY REQUIRED THE ISO CG2037 10/2001 EDITION FORM OR THE EQUIVALENT OF SAME Location And Description of Completed Operations: ANY LOCATION OR PROJECT, OTHER THAN A WRAP-UP OR OTHER CONSOLIDATED INSURANCE PROGRAM LOCATION OR PROJECT, FOR WHICH INSURANCE IS OTHERWISE SEPARATELY PROVIDED TO YOU BY A WRAP-UP OR OTHER CONSOLIDATED INSURANCE PROGRAM Additional Premium: N/A Section II – Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products-completed operations hazard". All other terms, conditions, provisions and exclusions of this policy remain the same. U-GL-2183-A CW (09/19) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Additional Insured – Owners, Lessees Or Contractors – Scheduled Person Or Organization THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO 9377201-21 Effective Date: 10/31/2024 This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part SCHEDULE Name of Person or Organization: ANY PERSON OR ORGANIZATION, BUT ONLY WHEN YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS AND WHERE THAT CONTRACT SPECIFICALLY REQUIRES THE ISO CG2010 10/2001 EDITION FORM OR THE EQUIVALENT OF SAME A. Section II – Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 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This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U-GL-925-B CW (12/01) GLO9377201-21 10/31/2024 10/31/2025 10/31/2024 BAP9377199-10/31/2024 10/31/2025 10/31/202421