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HomeMy WebLinkAboutAdvanced Chemical Transport LLC dba ACTenviro; 2025-09-03; PSA26-3907FLTPSA26-3907FLT City Attorney Approved Version 5/30/2025 Page 1 AGREEMENT FOR UNDERGROUND STORAGE TANK (UST) AND CA AIR RESOURCES BOARD SUPPORT SERVICES ADVANCED CHEMICAL TRANSPORT, LLC A CALIFORNIA LIMITED LIABILITY COMPANY D.B.A. ACTENVIRO THIS AGREEMENT (“Agreement”) is made and entered into as of the ______________ day of _________________________, 2025, by and between the City of Carlsbad, California, a municipal corporation (“City”) and Advanced Chemical Transport, LLC a California limited liability company d.b.a. ACTenviro, (“Contractor”). RECITALS A. City requires the professional services of a consultant that is experienced in Underground Storage Tank (UST) and CA Air Resources Board Support services. B. Contractor has the necessary experience in providing professional services and advice related to Underground Storage Tank (UST) and CA Air Resources Board Support services. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. 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. 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 from the date first above written to August 13, 2026. The City Manager may amend the Agreement to extend it for two (2) additional one (1) year 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. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed twenty-three thousand one hundred dollars ($23,100). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the annual contract amount shall not increase by more than 3% per agreement year. The contract value shall not exceed twenty-three thousand seven hundred ninety-three dollars Docusign Envelope ID: 4BD61ED5-71C5-4FAD-8349-CAB1A8FD3C6C 3rd Sept. PSA26-3907FLT City Attorney Approved Version 5/30/2025 Page 2 ($23,793.00) for Year Two (2), and twenty-four thousand five hundred six dollars and seventy-nine cents ($24,506.79) for Year Three (3). Payment terms are Net 30 unless otherwise provided in Exhibit “A” or agreed to in writing by the parties. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit “A.” Incremental payments, if applicable, should be made as outlined in attached Exhibit “A.” 6. CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize the City’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. 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 City Engineer approves otherwise, 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. Contractor is responsible for obtaining Contractor’s own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to Contractor for use of Procore. It is recommended that 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, requests for information, 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. 7. 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 the 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 City’s election, City may deduct the indemnification amount from any balance owing to Contractor. Docusign Envelope ID: 4BD61ED5-71C5-4FAD-8349-CAB1A8FD3C6C PSA26-3907FLT City Attorney Approved Version 5/30/2025 Page 3 8. 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. 9. OTHER CONTRACTORS City reserves the right to employ other Contractors in connection with the Services. 10. INDEMNIFICATION Contractor agrees to defend (with counsel approved by City), indemnify, and hold harmless 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 caused by any negligence, recklessness, or willful misconduct of 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 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 Contractor’s proportionate percentage of fault. The parties expressly agree that any payment, attorneys fee, costs or expense City incurs or makes to or on behalf of an injured employee under 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. 11. 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 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. 11.1 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 Docusign Envelope ID: 4BD61ED5-71C5-4FAD-8349-CAB1A8FD3C6C PSA26-3907FLT City Attorney Approved Version 5/30/2025 Page 4 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 City as an additional insured. 11.1.1 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. 11.1.2 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. 11.1.3 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. 11.1.4 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. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to City. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 If Contractor maintains higher limits than the minimums shown above, 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 City. 11.2.4 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. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 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 Docusign Envelope ID: 4BD61ED5-71C5-4FAD-8349-CAB1A8FD3C6C PSA26-3907FLT City Attorney Approved Version 5/30/2025 Page 5 payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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 Bradley Northup Name Marissa Lopez Childers Title Public Works Superintendent Title Director, EHS Services Department Fleet & Facilities Address 18500 N Allied Way City of Carlsbad Phoenix, AX 85054 Address 1635 Faraday Ave. Phone No. 530-355-9425 Carlsbad, CA 92008 Email MLopez@republicservices.com Phone No. 760-473-1267 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. Docusign Envelope ID: 4BD61ED5-71C5-4FAD-8349-CAB1A8FD3C6C PSA26-3907FLT City Attorney Approved Version 5/30/2025 Page 6 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. For Labor Compliance Service Agreements, the Contractor further represents, warrants, and declares, under penalty of perjury, interest, as that term is defined in Labor Code Section 1771.8(a)(2) does not exist. Yes ☐ No ☒ If yes, list the contact information below for all individuals required to file: Name Email Phone Number 18. 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. 19. 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. 20. DISCRIMINATION, HARASSMENT, AND RETALIATION PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination, harassment, and retaliation. 21. 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 Docusign Envelope ID: 4BD61ED5-71C5-4FAD-8349-CAB1A8FD3C6C PSA26-3907FLT City Attorney Approved Version 5/30/2025 Page 7 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. 22. TERMINATION In the event of 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 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 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. 23. 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. 24. 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 Sections 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 attorneys 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. Docusign Envelope ID: 4BD61ED5-71C5-4FAD-8349-CAB1A8FD3C6C PSA26-3907FLT City Attorney Approved Version 5/30/2025 Page 8 25. JURISDICTION 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. 26. 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. 27. THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than City and Contractor. 28. 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. 29. 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] Docusign Envelope ID: 4BD61ED5-71C5-4FAD-8349-CAB1A8FD3C6C PSA26-3907FLT City Attorney Approved Version 5/30/2025 Page 9 CITY OF CARLSBAD, a municipal corporation of the State of California CONTRACTOR ADVANCED CHEMICAL TRANSPORT, LLC a California limited liability company d.b.a ACTenviro By:By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Todd Marti, Area Vice President (print name/title) ATTEST: By: SHERRY FREISINGER, City Clerk (sign here) By: Natalie Djakovic, General Manager Deputy / Assistant City Clerk (print name/title) If required by City, 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, Secretary, President, or Assistant Secretary, Vice-President 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: _____________________________ Assistant City Attorney Docusign Envelope ID: 4BD61ED5-71C5-4FAD-8349-CAB1A8FD3C6C PSA26-3907FLT City Attorney Approved Version 5/30/2025 Page 10 EXHIBIT A SCOPE OF SERVICES AND FEE Contractor to provide the following Underground Storage Tank (UST) and CA Air Resources Board Support Services at the City of Carlsbad Fleet Service Center located at 2480 Impala Drive, Carlsbad, CA, 92010. The services described in detail are as follows: ITEM NO. UNIT QTY DESCRIPTION UNIT PRICE PRICE 1 Hour 60 UST/DUSTO Monthly Support $132 $7,920 2 Each 2 DUSTO Training $660 $1,320 3 Hour 100 EHS I Specialist as needed: Hazardous Materials and Waste, CARB/PERP, and other EHS I tasks $132 $13,200 4 Each 1 Hazardous Waste Awareness +DOT for Singing Manifest Training $660 $660 5 Each SPCC Training $660 $0 6 Hour Electronic Verification Questionnaire (eVQ) $132 $0 7 Hour OSHA Workplace Safety Programs and Training $132 $0 8 Each Gap Assessment $8,000 $0 9 Hour Professional Engineer (P.E.) $184 $0 10 Hour Qualified Industrial Stormwater Practitioner (QISP) $184 $0 Total $23,100 Notes: All support services will be billed hourly at the EHS Specialist level portal-to-portal with a 2-hour minimum for on-site services. Trainings will be billed per session. Prices subject to a three percent annual increases in subsequent agreement years. 1. UST Support Services (Once Every 30 Days) • UST visual inspection and report at the Maintenance Yard, including alarm reconciliation/compliance issues. Conducted by a Designated Underground Storage Tank Operator (DUSTO.) • Manage Maintenance Yard UST records (ongoing, during site inspection). • Coordination with a qualified UST service technician for required, applicable testing and maintenance of Maintenance Yard UST (Subject to Change), including: o Annual spill bucket test. o 36-month overfill prevention test. Docusign Envelope ID: 4BD61ED5-71C5-4FAD-8349-CAB1A8FD3C6C PSA26-3907FLT City Attorney Approved Version 5/30/2025 Page 11 o 36-month secondary containment test. o Tank tightness test. o Line tightness test. o Alarm resolution/equipment repairs or replacements. o Mock Annual Monitoring Certification, optional. o Other required testing/maintenance within required timeframe. • Coordinate Maintenance Yard UST compliance activities with County of San Diego DEH including: o Maintain current UPF permit. o Manage CERS requirements. o Annual Monitoring System Certification Scheduling and Attendance. • Maintain existing County of San Diego APCD permits and compliance activities, if applicable. (Estimated 2 – 4 hours per inspection). 2. UST Facility Employees Training (Annual) • Conduct annual UST operator training for City of Carlsbad personnel (required every 12 months and before a new hire performs the duties of a facility employee). (Estimated 1 - 2 hours per training session for training and site tour). 3. Hazardous Materials and Waste Support Services (In Conjunction with UST Inspection) • Conduct monthly waste area inspections at the Maintenance Yard for hazardous and universal waste compliance including: o Review Current UPF permit o Verify hazardous waste container condition, labeling, storage time. o Manifest record management. o Coordinate Waste pick-ups. • Assist with Maintenance Yard hazardous/universal waste program management including: o Review/update CERS. o Review/update SPCC. o Complete DTSC Evq. (Estimated 1-2 Hours per inspection in conjunction with UTS inspection). 4. Hazardous Waste Awareness/ DOT for Signing Manifest Training (Annual) • Provide annual Hazardous waste awareness and triennial DOT for manifest signing. (Combined session, 2 – 3 hours duration). 5. California Air Resources Board – PERP Support (Annual) • Conduct an annual audit of the City’s PERP applicable assets and pertinent records to ensure up- to-date reporting & compliance: o Audit shall include physical on-site inspections and verifications of proper equipment permit labeling and operating requirements. o Annual photographic evidence of inspection and compliance validation required. • Provide quarterly reports of PERP action items & permit submittals to remain in compliance with all program requirements. • Any pertinent records and access must be provided to ACT in order to perform a timely audit. Docusign Envelope ID: 4BD61ED5-71C5-4FAD-8349-CAB1A8FD3C6C PSA26-3907FLT City Attorney Approved Version 5/30/2025 Page 12 • If a physical check of engine specifications is necessary, the City of Carlsbad must provide a Fleet staff member to assist ACT in the field and the Portable equipment unit(s) must be made available, onsite. 6. As Needed Hazardous Waste Removal Services • Transportation and disposal of drum waste as requested by City of Carlsbad. ACT will provide, or contract for, suitable transportation to remove the waste material described in a Waste Profile Sheet and transport the waste material to a disposal location approved by City of Carlsbad. • Disposal prices are estimates based on profile/waste program acceptance and the specified waste disposal programs. In the event a waste material is not accepted to the disposal site waste program specified, another profile will be submitted to a different program. • As Needed Hazardous Waste Removal Services are to be provided in accordance with the Contractor’s provided unit rate schedule. [rate schedules on following pages] Docusign Envelope ID: 4BD61ED5-71C5-4FAD-8349-CAB1A8FD3C6C PSA26-3907FLT City Attorney Approved Version 5/30/2025 Page 13 As-Needed Hazardous Waste Removal Services Unit Rate Schedule Hazardous Waste Disposal Costs WASTE DESCRIPTION UNIT UNIT COST DISPOSAL Non-Reactive Lab Pack (ABQ) EA $165.00 / 5-Gal; $325.00 / 15-Gal; Incineration Reactive Lab Pack (ABQ) EA $325.00 / 5-Gal Incineration Drained Oil Filters (YES) EA $125.00 / 55-Gal Landfill Maintenance Debris (ABQ) EA $195.70 / 55-Gal Recycle High BTU Fuel (ABQ) EA $133.90 / 55-Gal Recycle Oily Debris (TEM) EA $164.80 / 55-Gal Recycle DEF Diesel Exhaust Fluid EA $295.00 / 55-Gal Recycle Empty Drums (APEX) EA $20.00 / 55-Gal Recycle Aerosols EA $189.50 / 5-Gal Recycle Alkaline Batteries Pounds $1.75 / Pound Recycle Lithium Batteries Pounds $11.95 / Pound Recycle Nicad Batteries Pounds $1.75 / Pound Recycle HID Lamps Pounds $3.45 / Pound Recycle Lead Acid Batteries Pounds $0.50 / Pound Recycle Electronic Waste Pounds $1.05 / Pound Recycle Fluorescent Bulbs Pounds $1.30 / Pound Recycle U-Tubes Pounds $3.71 / Pound Recycle Labor Rates DESCRIPTION UNIT CURRENT UNIT COST Driver HR $85.00 Technician HR $57.00 Chemist HR $105.00 Project Manager HR $105.00 Manifest EA $35.00 Docusign Envelope ID: 4BD61ED5-71C5-4FAD-8349-CAB1A8FD3C6C PSA26-3907FLT City Attorney Approved Version 5/30/2025 Page 14 Transportation & Materials DESCRIPTION UNIT CURRENT UNIT COST Drum Transportation EA $30.00 5-Gal Poly C/T Drum EA $25.00 5-Gal Poly O/T Drum EA $25.00 15-Gal Poly O/T Drum EA $70.00 DESCRIPTION UNIT CURRENT UNIT COST 30-Gal Poly O/T Drum EA $59.00 30-Gal Metal C/T Drum EA $65.00 55-Gal Poly O/T Drum EA $80.00 55-Gal Poly C/T Drum EA $75.00 55-Gal Metal O/T Drum EA $80.00 55-Gal Metal C/T Drum EA $75.00 Cubic Yard Box EA $105.00 4-Foot Fluorescent Lamp Tube EA $50.00 Vermiculite EA $65.00 Notes: Billing based on portal-to-portal transport with 2-hour minimum. Labor rates do not include overtime rates, which are billed in accordance with federal and state labor regulations. Energy Recovery Fee 10% additional on all invoice costs. Additional Services Work outside of the Scope of Services specified in this Agreement will be conducted on a mutually agreed basis. Support will be provided on the following hourly rates: 1. EHS Sr Specialist Services…………………………………$184.00 2. Specialty Subcontract Services……………………….……$300.00 Docusign Envelope ID: 4BD61ED5-71C5-4FAD-8349-CAB1A8FD3C6C CERTIFICATE OF LIABILITY INSURANCE Page 1 of 7 DATE (MM/DD/YYYY) 08/21/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THISCERTIFICATEDOESNOTAFFIRMATIVELYORNEGATIVELYAMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZEDREPRESENTATIVEORPRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CANNON COCHRAN MANAGEMENT SERVICES,INC.17015 NORTH SCOTTSDALE ROAD SCOTTSDALE,AZ 85255 INSURED REPUBLIC SERVICES,INC. 18500 N.ALLIED WAYPHOENIX,AZ 85054 CONTACT NAME: PHONE (A/C No.Ext): FAX(A/C No.Ext): E-MAIL ADDRESS:certificateteam@ccmsi.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:ACE American Insurance Co.22667 INSURER B:Indemnity Insurance Co.of North America 43575 INSURER C:Illinois Union Insurance Company 27960 INSURER D:ACE Property and Casualty Insurance Co.20699 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 2627253 REVISION NUMBER: 2 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRLTR TYPE OFINSURANCE ADDLINSD SUBRWVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE X OCCUR GEN'L AGGREGATELIMIT APPLIES PER: X POLICY PROJECT LOC OTHER: HDO G48981793 06/30/2025 06/30/2026 EACH OCCURRENCE $10,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence)$10,000,000 MED EXP (Any one person)$15,000 PERSONAL &ADV INJURY $10,000,000 GENERAL AGGREGATE $30,000,000 PRODUCTS -COMP/OP AGG $20,000,000 A AUTOMOBILE LIABILITY X ANY AUTO X OWNED AUTOS ONLY X SCHEDULED AUTOS X HIRED AUTOSONLY X NON-OWNEDAUTOSONLY ISA H1137119A 06/30/2025 06/30/2026 COMBINED SINGLE LIMIT (Ea accident)$10,000,000 BODILY INJURY(Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE(Per accident) D X UMBRELLA LIAB X OCCUR EXCESS LIAB CLAIMS-MADE DED RETENTION $ XEU G46782148 009 06/30/2025 06/30/2026 EACH OCCURRENCE $10,000,000 AGGREGATE $10,000,000 B A A A C WORKERS COMPENSATIONANDEMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?(Mandatory in NH) N If yes,describe underDESCRIPTIONOFOPERATIONS below N/A WLR C72793894 -AOS WLR C72793882 -ORSCFC72793900-WIWCUC72793912-OH XS TNS C72627490-TX NS/XS 06/30/2025 06/30/202506/30/202506/30/2025 06/30/2025 06/30/2026 06/30/202606/30/202606/30/2026 06/30/2026 X PERSTATUTE OTHER E.L.EACH ACCIDENT $3,000,000 E.L.DISEASE -EA EMPLOYEE $3,000,000 E.L.DISEASE -POLICY LIMIT $3,000,000 Contractor's Pollution Liability: See page 2 fordetails 06/30/2025 06/30/2026 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Division Number:6501 -Named Insured Includes:Advanced Chemical Transport LLC CERTIFICATE HOLDER CANCELLATION City of Carlsbad1635FaradayAvenue Carlsbad,CA 92008-7314 United States SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2016 ACORD CORPORATION.All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: 4BD61ED5-71C5-4FAD-8349-CAB1A8FD3C6C AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE Page 2 of 7 AGENCY POLICY NUMBER See First Page CARRIER See First Page NAIC CODE NAMED INSURED REPUBLIC SERVICES,INC. 18500 N.ALLIED WAY PHOENIX,AZ 85054 EFFECTIVE DATE: ADDITIONAL REMARKS CERTIFICATE NUMBER: 2627253 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM. FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE The following provisions apply when required by written contract.As used below,the term certificate holder also includes any person or organization that the insured has become obligated to include as a result of an executed contract or agreement. GENERAL LIABILITY: Certificate holder is Additional Insured including on-going and completed operations when required by written contract. Coverage is primary and non-contributory when required by written contract. Waiver of Subrogation in favor of the certificate holder is included when required by written contract. Medical Payment coverage is available under the General Liability policy only when required by written agreement and limited to the amount required in the agreement or the maximum sublimit found within the General Liability policy,whichever is less. AUTO LIABILITY: Certificate holder is Additional Insured when required by written contract. Coverage is primary and non-contributory when required by written contract. Waiver of Subrogation in favor of the certificate holder is included when required by written contract. WORKERS COMPENSATION AND EMPLOYERS LIABILITY: Waiver of Subrogation in favor of the certificate holder is included when required by written contract where allowed by state law. Stop gap coverage for ND,WA and WY is covered under policy no.WLR C72793894 and stop gap coverage for OH is covered under policy no.WCU C72793912 as noted on page 1 of this certificate. TEXAS EXCESS INDEMNITY AND EMPLOYERS LIABILITY: Insured is a registered non-subscriber to the Texas Workers Compensation Act.Insured has filed an approved Indemnity Plan with the Texas Department of Insurance which offers an alternative in benefits to employees rather than the traditional Workers Compensation Insurance in Texas.The excess policy (TNS C72627490)shown on this certificate provides excess Indemnity and Employers Liability coverage for the approved Indemnity Plan. Contractual Liability is included in the General Liability and Automobile Liability coverage forms.The General Liability and Automobile Liability policies do not contain endorsements excluding Contractual Liability. Separation of Insured (Cross Liability)coverage is provided to the Additional Insured,when required by written contract,per the Conditions of theCommercialGeneralLiabilityCoverageformandtheAutomobileLiabilityCoverageform. Umbrella/Excess Liability provides additional limits over the underlying General Liability,Automobile Liability and Employer's Liability policies shown onthiscertificate. Contractor's Pollution Liability Details of Cover: Steadfast Insurance Company (Zurich)(NAIC #26387)-Policy No.PEC 0792830-02 -$25MM -06/30/25 -06/30/26 Applicable to the Contractor's Pollution Liability Coverage Parts Only: $25,000,000 -Damage Limit for Each Occurrence,Claim or Pollution Condition $25,000,000 -Claims Expense Limit for Each Claim $25,000,000 -General Aggregate Limit $25,000,000 -Claims Expense Aggregate Limit Applicable to Professional Liability Coverage Parts Only: $25,000,000 -Damage Limit for Each Claim or Wrongful Act $25,000,000 -Claims Expense Limit for Each Claim$25,000,000 -General Aggregate Limit ACORD 101 (2008/01) ©1988-2010 ACORD CORPORATION.All rights reserved. The ACORDname and logo are registered marks of ACORD Docusign Envelope ID: 4BD61ED5-71C5-4FAD-8349-CAB1A8FD3C6C Page 3 of 7 Docusign Envelope ID: 4BD61ED5-71C5-4FAD-8349-CAB1A8FD3C6C Page 4 of 7 Docusign Envelope ID: 4BD61ED5-71C5-4FAD-8349-CAB1A8FD3C6C Page 5 of 7 Docusign Envelope ID: 4BD61ED5-71C5-4FAD-8349-CAB1A8FD3C6C Page 6 of 7 Docusign Envelope ID: 4BD61ED5-71C5-4FAD-8349-CAB1A8FD3C6C Page 7 of 7 Docusign Envelope ID: 4BD61ED5-71C5-4FAD-8349-CAB1A8FD3C6C