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HomeMy WebLinkAboutAdvanced Chemical Transport Inc; 2019-07-08; PSA19-800GSPSA 19-B00GS AGREEMENT FOR FARMERS BUILDING HAZARDOUS WASTE REMOVAL SERVICES ADVANCED CHEMICAL TRANSPORT, INC. THIS AGREEMENT is made and entered into as of the i~ day of jU\~ , 2019, by and between the CITY OF CARLSBAD, a municipal corporation, ("Citi), and ADVANCED CHEMICAL TRANSPORT, INC., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in hazardous waste removal. B. Contractor has the necessary experience in providing professional services and advice related to hazardous waste removal. 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 herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "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 for a period of ninety (90) days from the date first written above. No extensions will be made on this 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 will be fifteen thousand one hundred forty-one dollars and eighty-seven cents ($15,141.87). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The 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. 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 City Attorney Approved Version 6/12/18 PSA 19-B00GS 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 the 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. 7. 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. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, 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 herein caused by any negligence, recklessness, or willful misconduct 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. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation 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. 10. 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. City Attorney Approved Version 6/12/18 2 PSA 19-S00GS 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the 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. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & 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. 10.1.2 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. 10.1.3 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. 10.1.4 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. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 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. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 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. City Attorney Approved Version 6/12/18 3 PSA 19-B00GS 10.5 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. 11. 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. 12. 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 three (3) years from the date of final payment under this Agreement. 13. 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. 14. 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. 15. 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. For City Name Charles Balteria Title Program Manager Department Public Works City of Carlsbad Address 405 Oak Ave Carlsbad, CA 92008 Phone No. 760-434-2949 For Contractor Name Matthew Cecil Title Project Manager Address 1220 Elko Drive Sunnyvale, CA 94089 Phone No. 760-434-2949 Email mcecil@actenviro.com 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. 16. 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. The Contractor shall report investments or interests in all categories. Yes D No [8J City Attorney Approved Version 6/12/18 4 PSA 19-B00GS 17. 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. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. 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. 20. 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 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. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event 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. 21. 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 City Attorney Approved Version 6/12/18 5 PSA 19-B00GS 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. 22. 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 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. 23. JURISDICTION AND VENUE 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. 24. 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. 25. 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. Ill Ill Ill Ill Ill City Attorney Approved Version 6/12/18 6 PSA 19-B00GS 26. 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. CONTRACTOR ADVANCED CHEMICAL T INC., aC By: By:~ /4 (sign here) S ~~ .... "' 5 ,'>~l, (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California 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 Chairman, President, or Vice-President Group B 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: CELIA A. BREWER, City Attorney City Attorney Approved Version 6/12/18 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Ca~~" L..j {\ tllot{. )) County of .... ~==-''-=----'~H_JV\ __ C,,f ______ _ On JMY\.R.✓ S!h1 /J-t\ q before me, N t\rtu\ ~ · U~J No~rio ~ '91 ;~ , Date ~ \ A Al"' C V ~ ftere l~s•rl.J!!'¥ne and h,~ the [Officer personally appeared \~ \C/1 · Mfl-1 Ct V)~ cW\l\,IN V\ ___:t.:21\.l Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: __________________ ,_,,...::::::..._ ________ _ Document Date: __________________ _ Signer(s) Other Than Named Above: -------------cr"""--------------- Capacity(ies) Claimed by Signer(s) Signer's Name:---------------:::,,-:=.-Signer's Name: ____________ _ □ Corporate Officer -Title(s): --~=------□ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited LJ Gen □ Partner -□ Limited □ General □ Individual □ Attor 1n Fact □ Individual □ Attorney in Fact □ Trustee □ □ Trustee □ Guardian or Conservator □Other:--~------------□ Other: ____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ • ©2016 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 June 26th, 2019 To whomsoever it may concern Shawn Ball is the Vice President of Business Development at Advanced Chemical Transport Inc. (OBA ACTenviro) and therefore in his capacity, as Vice President, is authorized to sign on behalf of the company. Tyl r Kopet Chief Financial Officer Advanced Chemical Transport, Inc. T 408.548.5050 F 408.548.5052 967 Ma bury Road, San Jose, CA 95133 www.ACTenviro.com EXHIBIT "A" SCOPE OF SERVICES PSA 19-B00GS Contractor to provide all materials, tools, and labor necessary to package, transport & dispose of hazardous and universal waste from the Farmers Building located at 5815 El Camino Real, CA 92008. Scope of work will be: • Mobilization to and from the city project site in Carlsbad, CA. Mobilization includes field crew and vehicle. • Classification, segregation, and/or packaging of bulk and/or lab pack waste materials by hazard class in accordance with DOT, EPA, state and local regulations. • Contractor to use DOT approved drums, absorbent, safety equipment, non-sparking tools and PPE. • Contractor to provide all necessary paperwork (labeling, manifesting, permitting, etc.) as required by law. • Transportation and ultimate disposal at a chemical treatment facility, incinerator or recycling facility. Contractor will provide, or contract for, suitable transportation to remove the waste material described on a waste profile sheet and transport the waste material to a disposal location approved by the city. 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. ITEM UNIT QTY DESCRIPTION PRICE NO. 1 LS 1 Labor $2,520.00 2 LS 1 Disposal Costs $9,180.25 3 LS 1 Materials $1,090.00 4 LS 1 Drum Transportation $2,351.62 TOTAL* $15,141.87 *Includes taxes, fee's, expenses and all other costs. City Attorney Approved Version 6/12/18 8 _____, ADVAN-2 nDID• n~ ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 06/03/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) 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 Heu of such endorsementlsl. PRODUCER 925-283-5750 5wt~ Julie Rector ISU Massie & Beck Ins. Serv. r.ng.rc:., Extl, 925-2s3-575o I ~ Nol: 925-283-5751 License #0B29340 P.O. Box 1272 ~ml! ..... JUHeQYIsumassIe.com Lafayette, CA 94549-1272 IN'" 1Do:a, .. , .e.o:O:tlRDING COVERAGE NAICO Dean Slgmundson 1NsuRERA:Starr lndemnitv & Liabilitv 38318 INSURED INSURER a, Starr Surplus Lines Ins. Comp. 13604 Advanffid X~~l~I Transport, Inc., D A: eijv,ro INSURERC: §67 Mabu'l: Ri! anJose, A 33 INSURERD: INSURERE: INSURERF: cnvi::DA.t:l:S:~ C ..... ,~.-1•••a~a. ,_ 1.11 IMBS:D• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 'r'~ TYPE OF INSURANCE 1~J'J-~~ POLICY NUMBER POUCYEFF POUCYEXP UMrrs A X COMMERCIAL GENERAL LIABILITY EACH nrcURRENCE s 1,000,000 I CLAIMS-MADE [R] OCCUR X 1000066897191 04/18/2019 04/18/2020 ~9,U9.,~D s 50,000 B -Prof. Llablllty 5,000 X 1000066898191 04/18/2019 04/18/2020 MEO l'XP IAnv one oenanl s A x Contr.Poll.Llab. 1000066897191 04/18/2019 04/18/2020 PERSONAL & ADV INJURY s 1,000,000 -2,000,000 H AGGREGATE LIMIT AP□S PER: GENERAL AGGREGATE s ' POLICY [K] ~ra LOC PRODUCTS. COMP/OP AGG s 2,000,000 OTHl'R: s AUTOMOBILE LIABILITY ,__ li2~!!.,~;>INGLE LIMIT s ,__ ANY AUTO BODILY INJURY IPer nersonl s OWNED -SCHEDULED ,__ AUTOSONtY .__ AUTOS BODILY INJURY f Per .,,.,.dent\ s RsoNLY ~~~~~~ ril!oP~TY,RAMAGE s ,__ -era l&nt s A UMBRELLA UAB ~=MADE EACH tr.CURRENCE s 10,000,000 -X EXCESS LIAS 1000336473191 04/18/2019 04/18/2020 AGr..RF=GATE s 10,000,000 DED I I RETENTION s s WORKERS COMPENSATION l~TIITO:I lfJH· AND EMPLOYERS' LIABILITY LJ ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L. EACH ACCIDENT s 8faFICE~~R EXCLUDED? ndatory n ) E.L. DI-"""""" • EA EMPLOYEE s grss. describe under SCRllff"'"' OF npi:oATIClNl: '-•-· E.L. Dl""A-"" • POLICY LIMIT s A Excess Liability 1000336473191 04/18/2019 04/18/2020 Includes Auto &Prof. Includes WC/EL DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarka Schedule, may be abched If more apace la raqulred) RE: A~reement# PSA19-800GS/Farmers Buildln'bHazardous Waste Removal. City of Car sbad Is Additional Insured as re~cts to eneral Llabili~. 30 day cancellation notice, except 10 days for e non-payment of premium applies. (E) C CITYC02 City of Carlsbad/CMWD c/o Exigis Insurance Compliance Services SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 4668-ECM #35050 Aj::f;ZNTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ./ ✓ POLICY NUMBER: 1000066897191 COMMERCIAL GENERAL UABIUTY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Addltlonal Insured Person(&) Or Location(&) Of Covenad Operations Organlzatlan(s): Where Required By Written Contract Where Required By Written Contract lnfonnatlon reauired to complete this Schedule, if not shown above, will be shown In the Declarations. A. Section II -Who la An Insured is amended to include as an additional insured the person(s) or organlzation(s) shown In the Schedule, but only wilh respect to liabluty for "bodily Injury", "property damage" or "personal and advertising Injury" caused, In whole or In part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the perfonnance of your ongoing operations for the adcfrtional lnsured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional Insured only appDes 1o the extent pennltted by law; and 2. If coverage provided to the additional insured Is required by a contract or agraement. the insurance afforded to such adcfrtional Insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the Insurance afforded to these additional Insureds, the following additional exclusions apply: This Insurance does not apply to "bodily Injury" or "property damage" occurring after: 1. All work. including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be perfonned by or on behalf of the additional lnsured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the Injury or damage arises has been put 1o Its intended use by any person or organization other than another contractor or subcontractor engaged In perfonnlng operations for a principal as a part of the same project c. With respect to the Insurance afforded to these additional insureds, the following is added 1o Section 111-Umlts Of Insurance: If coverage provided 1o the additional Insured Is required by a contract or agreement, the most we wm pay on behalf of the additional Insured Is the amount of Insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limi1s of Insurance shown In the Declarations; whichever Is less. This endorsement shall not Increase the applicable Limits of Insurance shown In the Declarations. CG20100413 @ lnsuranca Services Office, Inc., 2012 Page 1 af1 POLICY NUMBER: 1000066897191 COMMERCIAL GENERAL LIABILITY CG20370413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Peraon(s) Or Location And Description Of Completed lzatlon s : eratlons Where Required By Written Contract Where Required By Written Contract Information uired to com late this Schedule, if not shown above, will be shown In the Declarations. A. Section II -Who Is An Insured is amended to Include as an additional insured the person(s) or orgenlzation(s) shown In the Schedule, but only with respect to llabiuty for "bodily Injury" or "property damage• caused, in whole or in part, by "your work" at the location designated end described in the Schedule of this endorsement perfonned for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional Insured only applies to the extent pennitted by law;and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such adadional Insured will not be broader than that which YoU are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional Insureds, the following Is added to Section 111-Umlts Of Insurance: If coverage provided to the additional insured Is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of Insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shaD not Increase the applicable Limits of Insurance shown In the Declarations. CG20370413 © Insurance Services Office, Inc., 2012 Page 1 of 1 Client#· 98527 ADVACHE ACORD,M CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) 5/31/2019 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($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~f~!~cT Ava R. Duhe CBIZ Insurance Svcs. Inc. rlJgN:o. Extl: 310.268.2718 I rffc. Nol: 310.268.2093 160 W. Santa Clara St., Ste. 450 1ilJ~ss: Aduhe@cbiz.com San Jose, CA 95113 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Twin City Fire Insurance Co. 29459 INSURED INSURER B : Hartford Fire Insurance Co. 19682 Advanced Chemical Transport, Inc. INSURERC: dba ACTenviro INSURER D: 967 Mabury Road INSURER E: San Jose, CA 95133 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR ,&~hl5~1 ,&~hl5~1 LIMITS LTR INSR WVD POLICY NUMBER COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ ~ ==:J CLAIMS-MADE □ OCCUR s~~b~H?E~~~rPence) $ MED EXP (Any one person) $ ~ PERSONAL & ADV INJURY $ ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ R □PRO-□LOC POLICY JECT PRODUCTS -COMP/OP AGG $ OTHER: $ B AUTOMOBILE LIABILITY 83UENOH7001 ~3/01/2019 03/01/202C COMBINED SINGLE LIMIT $2,000,000 ( Ea accident) ~ X ANYAUTO BODILY INJURY (Per person) $ f------OWNED ~ SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED >--NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY (Per accident\ $ COMP/COLL $2,500 UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ ~ EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $ A WORKERS COMPENSATION X 83WEOH7000 ~3/01/2019 03/01/2020 X I ~~~TIIT" I l~JH-AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVEllil E.L. EACH ACCIDENT $1 000 000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under $1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Waiver of Subrogation applies to Workers Compensation policy where applicable by law and as required and agreed to by contract or agreement. 30 days written notice of cancellation applies. CERTIFICATE HOLDER City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 -ECM #35050 New York, NY 10163-4668 CANCELLATION 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 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S2135393/M2088951 0PMS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 83 WE OH7000 Endorsement Number: Effective Date: 03/01 /19 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: ADVANCED CHEMICAL TRANSPORT INC 967 MABURY RD SAN JOSE CA 95133 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE Any person or organization from whom you are required by contract or agreement to obtain this waiver from us. Endorsement is not applicable in KY, NH, NJ or for any MO construction risk Form WC 00 03 13 Printed in U.S.A. Process Date: 03/21/19 Countersigned by ___________________ _ Authorized Representative Policy Expiration Date: 03/01/20