Loading...
HomeMy WebLinkAboutVeolia ES Technical Solutions LLC; 2020-07-29; PSA21-1166FACPSA21-1166FAC City Attorney Approved Version 6/12/18 1 AGREEMENT FOR CITY GENERATED UNIVERSAL & HAZARDOUS WASTE REMOVAL SERVICES VEOLIA ES TECHNICAL SOLUTIONS, L.L.C. THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2020, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and VEOLIA ES TECHNICAL SOLUTIONS, L.L.C., a Delaware limited liability company, ("Contractor"). RECITALS A.City requires the professional services of a consultant that is experienced in universal & hazardous waste removal services. B.Contractor has the necessary experience in providing professional services and advice related to universal & hazardous waste removal 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 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 two (2) years from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional two (2) year periods or parts thereof. 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 will be twenty-five thousand dollars ($25,000) per Agreement year. 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 amount shall not exceed twenty-five thousand dollars ($25,000) per Agreement year. 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". DocuSign Envelope ID: F03DA765-F5C6-405E-B3A8-5A765E67F4A2 29th July PSA21-1166FAC City Attorney Approved Version 6/12/18 2 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 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 attorney’s 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 DocuSign Envelope ID: F03DA765-F5C6-405E-B3A8-5A765E67F4A2 PSA21-1166FAC City Attorney Approved Version 6/12/18 3 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. 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 DocuSign Envelope ID: F03DA765-F5C6-405E-B3A8-5A765E67F4A2 PSA21-1166FAC City Attorney Approved Version 6/12/18 4 maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 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 For Contractor Name Charles Balteria Name Ryan Wischnack Title Program Manager Title Project Manager Department Public Works Address 9530 Candida Street City of Carlsbad San Diego, CA 92126 Address 405 Oak Avenue Phone No. 619-279-9431 Carlsbad, CA 92008 Email ryan.wischnack@veolia.com Phone No. 760-434-2949 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: F03DA765-F5C6-405E-B3A8-5A765E67F4A2 PSA21-1166FAC City Attorney Approved Version 6/12/18 5 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 ☐ No ☒ 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 DocuSign Envelope ID: F03DA765-F5C6-405E-B3A8-5A765E67F4A2 PSA21-1166FAC City Attorney Approved Version 6/12/18 6 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 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. /// /// DocuSign Envelope ID: F03DA765-F5C6-405E-B3A8-5A765E67F4A2 PSA21-1166FAC City Attorney Approved Version 6/12/18 7 26.ENVIRONMENTAL PROVISIONS In addition to the terms and conditions contained in the Agreement between the parties, if Services involve the transportation and disposal of hazardous waste, the following environmental provisions shall also apply: DEFINITIONS The following terms used in this Agreement shall have the meanings set forth below: i.“Profile Sheet” means a standard Generator’s Waste Profile Sheet executed by City. ii.“Services” means analytical, collection, management, treatment, remediation, transportation, disposal and recycling services and such other services which CONTRACTOR may perform from time to time with respect to CITY’s waste materials. iii.“Waste Materials” shall mean any chemical, substance or material designated or regulated as a “hazardous material,” “hazardous waste,” “toxic substance” or any similar designation (including petroleum products) by any national, federal, state, provincial, or local government (including any agent, authority, department, instrumentality or other subdivision of the foregoing) having or asserting environmental regulatory jurisdiction with respect to the substance or material generated pursuant to 40 CFR 260.10. City warrants that Waste Materials in the Profile Sheet will contain a true and correct description of City’s Waste Material and that such Waste Material will conform to this description. If the Waste Material does not conform to the descriptions in the Profile Sheet (“Non-conforming Waste”), CONTRACTOR can, at its option, return the Waste Materials to City or require City to remove and dispose of the Non-conforming Waste at City’s expense, and reimburse CONTRACTOR for any expenses it may have incurred. In the event CONTRACTOR performs services on premises owned or controlled by City, City will provide CONTRACTOR with a safe workplace, and if CONTRACTOR requests that work areas be secured, City will be solely responsible for securing such work areas and for preventing anyone other than the designated personnel from entering the designated work areas. /// /// /// /// /// /// DocuSign Envelope ID: F03DA765-F5C6-405E-B3A8-5A765E67F4A2 PSA21-1166FAC City Attorney Approved Version 6/12/18 8 27.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. CITY OF CARLSBAD, a municipal corporation of the State of California CONTRACTOR VEOLIA ES TECHNICAL SOLUTIONS, L.L.C., a Delaware limited liability company By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager John Flaminio, General Manager (print name/title) By: (sign here) (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: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: F03DA765-F5C6-405E-B3A8-5A765E67F4A2 PSA21-1166FAC City Attorney Approved Version 6/12/18 9 EXHIBIT “A” SCOPE OF SERVICES Scope of Work • Mobilization to and from the City of Carlsbad project service locations in Carlsbad, CA. Mobilization includes field crew and vehicle. • Classification, segregation and/or packaging of bulk and/or lab pack Waste Materials, as quantified on the generator's submitted inventory, by hazard class in accordance with DOT, EPA, state and local regulations. • DOT approved drums, absorbent, safety equipment, non-sparking tools, personal protective equipment (Level D), etc. to complete project. • All necessary Waste Material drum labeling, manifesting, permitting and any other paperwork as required by law. • Transportation and ultimate disposal at a Veolia approved Chemical Treatment Facility, Incinerator, or Recycling Facility. Notes: • Contractor shall provide the City with appropriate hazardous waste manifests for materials that are removed and show chain of custody to the final destination. • Contractor shall comply with all Federal, State, County and City statutes, ordinances and regulations. Contingencies/Assumptions Disposal pricing is subject to the facility’s acceptance of the waste material. Materials that do not conform to generator certified Waste Information Profile (WIP) sheet(s) may incur additional processing fees depending on the required treatment technology for the non-conforming waste, or will be rejected back to the generator’s site at the expense of the generator. Miscellaneous Conditions All work performed will be in strict compliance with all federal, state and local regulations and laws. City of Carlsbad must also comply with all applicable laws and regulations pertaining to generators of hazardous waste. Veolia will not accept improperly identified or unidentified materials. A 2% City of Azusa Tax will apply. Dependent upon the method of disposal and the location of the facility, applicable hazardous waste taxes and/or surcharges imposed by the state will be charged. The Energy, Security, and Insurance (ES&I) Surcharge is applied to the entire invoice for container shipments less any local, state, and federal taxes and or fees. The ES&I surcharge program is designed to recover those fuel, energy, security, and insurance costs that have or will impact our facility, field April 10, 2020 service, and transportation operations. The ES&I table is tied to the US Department of Energy on-highway national diesel fuel prices and will fluctuate monthly. Any additional services performed at the request of the customer, not listed contractually, will be noted on a Service Change Order or Activity Report. For any services or waste materials to be DocuSign Envelope ID: F03DA765-F5C6-405E-B3A8-5A765E67F4A2 PSA21-1166FAC City Attorney Approved Version 6/12/18 10 managed under this or future projects that have not been previously quoted or priced and agreed to will be subject to Veolia’s standard gate rate pricing. Unit Rate Schedule Description Unit Price Comments Disposal Water Based Paint 55 Gal $175.00 Latex Based Paint 55 Gal $161.00 Oil Based Paint 55 Gal $115.00 Paint Related Material, Loose Pack Per CY $540.00 Empty Drums for Recycling 55 Gal $30.00 Aerosols 5 Gal $75.00 No Pesticides, Herbicides, Adhesives Asphalt Emulsion 55 Gal $165.00 Oil Filters for Recycling 55 Gal $90.00 Non-RCRA Metal Oil Filter Treated Wood Per CY $525.00 Electronic Waste Per Lbs. $0.48 $450 Per CY, $150 per 55 Gal Lab Packs 5 Gal $69.00 Lab Packs 15 Gal $155.00 Acid Loose Pack 5 Gal $135.00 Base Loose Pack 5 Gal $135.00 Non-RCRA Liquids Loose Pack 55 Gal $300.00 Pesticide Lab Packs 5 Gal $135.00 Pesticide Lab Packs 30 Gal $217.00 Cathode Ray Tubes (CRT) Per Lbs. $1.00 $450 Per CY, $150 per 55 Gal Halogen Lamps Each $1.75 $45.00 minimum per shipment Fluorescent Light Tubes, U- Shaped Each $1.05 $45.00 minimum per shipment DocuSign Envelope ID: F03DA765-F5C6-405E-B3A8-5A765E67F4A2 PSA21-1166FAC City Attorney Approved Version 6/12/18 11 Fluorescent Bulbs 4 Foot Each $0.48 $45.00 minimum per shipment Compact Fluorescent Lamps Each $1.05 $45.00 minimum per shipment Incandescent Lamps Each $1.86 $45.00 minimum per shipment Lead Acid Batteries Per Lbs. $0.38 $45.00 minimum per shipment Alkaline Batteries Per Lbs. $0.48 $45.00 minimum per shipment NiCad Batteries Per Lbs. $0.93 $45.00 minimum per shipment Lithium Batteries Per Lbs. $5.85 $55.00 minimum per shipment Manpower Project Manager Per Hour $68.00 Portal to Portal, 4 Hour minimum for Lab Packs Technical Assistant Per Hour $50.00 Portal to Portal, 4 Hour minimum for Lab Packs Mid-line Truck Day $165.00 For Lab Pack Services Supplies Cubic Yard Box w/Liner Per CY $75.00 55 Gal Open Top Steel (Reconditioned) Each $54.00 55 Gal Open Top Poly Each $85.00 30 Gal Open Top Poly 30 Gal $72.00 5 Gal Open Top Poly 5 Gal $20.00 4 Ft Lamp Drum Each $75.00 Vermiculite Each $35.00 Transportation Delivery Fee Each $150.00 For supply delivers without waste pickup Cubic Yard Box / Pallet Transportation Per CY/ Pallet $100.00 55 Gallon Drum Transportation 55 Gal $30.00 15-30 Gallon Drum Transportation 15-30 Gal $22.00 5 Gallon Drum Transportation 5 Gal $12.00 DocuSign Envelope ID: F03DA765-F5C6-405E-B3A8-5A765E67F4A2 PSA21-1166FAC City Attorney Approved Version 6/12/18 12 Miscellaneous City of Azusa CA Tax Percent 3% Energy, Security, & Insurance Percent See matrix EPA Electronic Manifest Fee Each $27.50 Qualifiers: 1. Pricing is pending acceptance of profiles and/or samples by disposal facility. 2. Transportation Minimum of $160 per pickup. Energy, Security, and Insurance Surcharge Container Shipments (% of Total Invoice) $2.00 $2.09 8.0% $2.10 $2.19 8.5% $2.20 $2.29 9.0% $2.30 $2.39 9.5% $2.40 $2.49 10.0% $2.50 $2.59 10.5% $2.60 $2.69 11.0% $2.70 $2.79 11.5% $2.80 $2.89 12.0% $2.90 $2.99 12.5% $3.00 $3.09 13.0% $3.10 $3.19 13.5% $3.20 $3.29 14.0% $3.30 $3.39 14.5% $3.40 $3.49 15.0% $3.50 $3.59 15.5% $3.60 $3.69 16.0% DocuSign Envelope ID: F03DA765-F5C6-405E-B3A8-5A765E67F4A2 ———x€@ACORD Nee CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 12/16/2019 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 REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATIONIS 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 CONTACTMarshUSA,Inc.NAMES FAK 540 W.Madison Street (AIC,No,Ext):(AIC,No):Chicago,IL 60661 EMAL Attn:Veolia.CertRequest@marsh.com |Fax:212-948-5053 DRESS:INSURER(S)AFFORDING COVERAGE NAIC # AZUSA INSURERA National Union Fire Insurance CompanyOfPittsburgh,19445INSURED.,Veolia ES Technical Solutions,LLC INSURERB :New Hampshire Insurance 107 South MotorAvenue INSURER C :N/A NIAAzusa,CA 91702 INSURER :Lloyd's Syndicates 623/2623 INSURERE :Illinois National Insurance Company 23817 INSURER F : COVERAGES CERTIFICATE NUMBER:CHI-008065232-42 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVEFOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATEMAYBEISSUEDORMAYPERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONSOF SUCHPOLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCEDBYPAID CLAIMS. ADDIJSUBRneTYPEOFINSURANCEInspWb POLICYNUMBER (MMODIYYYY)|(NINIIDDIYYYY)LIMITS A X COMMERCIAL GENERALLIABILITY GL5425835 01/01/2020 01/01/2021 EACH OCCURRENCE $2,000,000DAMAGETORENTEDCLAIMS-MADE OCCUR DAMEdO occurrence)$1,000,000 —MED EXP(Any one person)$10,000 |PERSONAL &ADV INJURY $2,000,000 GEN'LAGGREGATELIMITAPPLIES PER:GENERAL AGGREGATE $4,000,000|x pouicy |_|§B9:Loc PRODUCTS-COMP/OPAGG $4,000,000 OTHER:$A”AUTOMOBILELIABILITY CASTO74TB (AOS)oTmoT2020_‘fownti2021 COMBINEDSINGLELIMIT |g 1,000,000 A x ANY AUTO CA9767419 (MA)01/01/2020 01/01/2021 BODILYINJURY(Per person)$. ||OWNED SCHEDULED 76742 ;A |RIONLY Scuee CA9767420 (VA)01/01/2020 01/01/2021 BODILY INJURY(Per accident)|$ HIRED NON-OWNED PROPERTY DAMAGE $|__|AUTOS ONLY AUTOS ONLY (Per accident)$ |__|UMBRELLA LIAB OCCUR EACH OCCURRENCE $EXCESSLIAB CLAIMS-MADE AGGREGATE $ DED |RETENTION $$B |WORKERS COMPENSATION WC 046-91-2802 (AOS)01/6172020 01/01/2021 x PER ||OTH-BA ROPEORTPAlieer YIN C.046-91-280 0101/2020 1/01/2021 STATUTE #8semana"(Nw eocotimiy cLescwaccoer [si(Mandatory in NH)NJ,PA,UT,VA,VT)E.L.DISEASE -EA EMPLOYEE]$1,000,000IfdescribeunderIFyes,describe underATIONS below VIC 046-91-2804 (FL)01/01/2020 01/01/2021 ELL.DISEASE -POLICYLIMIT $1,000,000 Pollution Legal Liability W1D4C8200401 01/01/2020 01/01/2021 Per Claim 5,000,000 Claims Made Form SIR $750,000 Aggregate 5,000,000! DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more spaceis required) The City of Carlsbadis included as additiona:insured (except as respectsall coverage afforded byworkers'compensation)where required by written contract but only for liability arising out ofthe operations of the named insured.This insurance is primary and non-contributory overanyexisting insurance andlimitedto tiability arising outofthe operations ofthe named insured and where required by written contract. CERTIFICATE HOLDER CANCELLATION City ofCarlsbad /CMWD c/o Exigis Insurance Compliance ServicesPOBox4668-EC #35050 NY,NY 10163-4668 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WiLL BE DELIVERED INACCORDANCEWITHTHEPOLICYPROVISIONS. AUTHORIZED REPRESENTATIVE ofMarsh USAInc. Manashi Mukherjee ACORD25 (2016/03) ©1988-2016 ACORD CORPORATION.All rights reserved. The ACORD nameand logoareregistered marks of ACORD AGENCY CUSTOMERID:CN102584993 Loc #:Chicago <)&ACORD ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY .NAMED INSURED Marsh USA,Inc.Veolia ES Technical Solutions,LLC107SouthMotorAvenuePOLICYNUMBERAzusa,CA 91702 CARRIER NAICCODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:25 FORM TITLE:Certificate of Liability Insurance WorkersCompensation (Cont.) Cartier:Insurance Companyofthe State of Pennsylvania Policy Number:WC046-91-2805 (MA,ND,OH,WA,Wi,WY) Effective Date:01/01/2020 Expiration Date:01/01/2021 Limit:SEEABOVE Carrier:American Home Assurance (NAIC #19380) Policy Number:WC 046-91-2806 (CA) Effective Date:01/01/2020 Expiration Date:01/01/2021 Limit:SEEABOVE ACORD 101 (2008/01)©2008 ACORD CORPORATION.Ail rights reserved. The ACORD nameandlogoare registered marks of ACORD ENDORSEMENT This endorsement,effective 12:01 A.M.01/01/2020 forms a part of Policy No.CA 9767418 issued to:VEOLIA NORTH AMERICA,INC. By:NATIONAL UNION FIRE INSURANCE COMPANYOFPITTSBURGH,PA THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided underthe following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: ANY PERSON OR ORGANIZATION TO WHOM YOU ARE CONTRACTUALLY BOUND TO PROVIDEADDITIONALINSUREDSTATUS.BUT ONLY TO THE EXTENT AS SUCH PERSON'S OR ORGANIZATIONS LIABILITY ARISING OUT OF USE OF A COVERED AUTO. |.SECTION Il -COVERED AUTOS LIABILITY COVERAGE,A.Coverage,1.-WhoIs Insured,is amended to add: d.Any person or organization,shown in the schedule above,to whom you become obligated to include as an additional insured under this policy,as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy,but only with respect to liability arising out of use of a covered "auto".However,the insurance provided will not exceed the lesserof: (1)The coverage and/orlimits of this policy,or (The coverage and/orlimits required by said contract or agreement. Authorized Representative 87950 (9/14)Includes copyrighted information of Insurance Services Office,Inc.,Page 1 of 1 with its permission. ENDORSEMENT This endorsement,effective 12:01A.M.01/01/2020 forms part of policy No.CA 9767418 issued to:VEOLIA NORTH AMERICA,INC. By:NATIONAL UNION FIRE INSURANCE COMPANYOF PITTSBURGH,PA THIS ENDORSEMENT CHANGESTHE POLICY.PLEASE READ IT CAREFULLY. INSURANCE PRIMARY AS TO CERTAIN ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section |V-Business Auto Conditions,B.,General Conditions,5.,Other Insurance,c.,is amended by the addition of the following sentence: The insurance afforded underthis policy to an additional insured will apply as primary insurance for such additional insured where so required under an agreement executed prior to the date of accident.We willnot ask any insurer that has issued other insurance to such additional insured to contribute to the settlement of loss arising out of such accident. All other terms and conditions remain unchanged. Authorized Representative 74445 (10/99) POLICY NUMBER:GL 542-58-35 COMMERCIAL GENERALLIABILITYCG20100413 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READIT CAREFULLY. ADDITIONAL INSURED —OWNERS,LESSEES ORCONTRACTORS—SCHEDULED PERSON ORORGANIZATION This endorsement modifies insurance provided underthe following: COMMERCIAL GENERALLIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s) Any person or organization whom you becomeobligatedtoincludeasanadditionalinsuredas aresultofanycontractoragreementyouhaveenteredinto. Location(s)Of Covered Operations Per the contract or agreement. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A.Section ll —Who Is An Insured is amended toincludeasanadditionalinsuredtheperson(s)or organization(s)shown in the Schedule,but onlywithrespecttoliabilityfor"bodily injury","property B.With respect to the insurance afforded to theseadditionalinsureds,the following additionalexclusionsapply:, This insurance does not apply to “bodily injury”or CG 20 10 04 13 damage"or “personal and advertising injury"caused,in whole or in part,by: 1.Your acts or omissions;or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations fortheadditionalinsured(s)at the location(s)designated above./ However: 1.The insurance afforded to such additionalinsuredonlyappliestotheextentpermittedbylaw;and 2.if coverage provided to the additional insured isrequiredbyacontractoragreement,theinsuranceaffordedtosuchadditionalinsuredwillnotbebroaderthanthatwhichyouarerequiredbythecontractoragreementtoprovideforsuchadditionalinsured. ©Insurance Services Office,Inc.,2012 “property damage"occurring after: 1.All work,including materials,parts orequipmentfurnishedinconnectionwith.suchwork,on the project (other than service, maintenanceor repairs)to be performed by or on behalf of the additional insured(s)at thelocationofthecoveredoperationshasbeencompleted;or 2.That portion of “your work"out of which the injury or damage arises has been put to itsintendedusebyanypersonororganizationotherthananothercontractororsubcontractorengagedinperformingoperationsforaprincipalasapartofthesameproject. Page 1 of 2 Page 2 of 2 C.With respect to the insurance afforded to theseadditionalinsureds,the following is added toSectionill—Limits Of insurance: If coverage provided to the additional insured isrequiredbyacontractoragreement,the most wewillpayonbehalfoftheadditionalinsuredistheamountofinsurance: 1.Required by the contract or agreement;or ©Insurance Services Office,Inc.,2012 2.Available under the applicable Limits of Insurance shownin the Declarations; whicheveris less. This endorsement shall not increase theapplicableLimitsofInsuranceshownintheDeclarations. CG 20 10 04 13 POLICY NUMBER:GL 542-58-35 COMMERCIAL GENERALLIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED —OWNERS,LESSEES ORCONTRACTORS—COMPLETED OPERATIONS This endorsementmodifies insurance provided underthe following: COMMERCIAL GENERALLIABILITY COVERAGE PARTPRODUCTS/COMPLETED OPERATIONSLIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s)Location And Description Of Completed Operations Any person or organization whom you becomeobligatedtoinciudeasanadditionalinsuredas aresultofanycontractoragreementyouhaveenteredinto. Per the contract or agreement Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A.Section il -Who Is An Insured is amended toincludeasanadditionalinsuredtheperson(s)ororganization(s)shown in the Schedule,but onlywithrespecttoliabilityfor“bodily injury"or“property damage"caused,in whole orin part,by"your work"at the location designated anddescribedintheScheduleofthisendorsementperformedforthatadditionalinsuredand included in the “products-completed operationshazard". However: 1.The insurance afforded to such additional insured only applies to the extent permittedbylaw;and 2.If coverage provided to the additional insured is required by a contract or agreement,theinsuranceaffordedtosuchadditionalinsured will not be broader than that which you are required by the contract or agreement toprovideforsuchadditionalinsured. B.With respect to the insurance afforded to theseadditionalinsureds,the following is added toSectionIll—Limits Of Insurance: If coverage provided to the additional insured isrequiredbyacontractoragreement,the most wewillpayonbehalfoftheadditionalinsuredistheamountofinsurance: 1.Required by the contract or agreement;or 2.Available under the applicable Limits of insurance shownin the Declarations; whicheveris less. This endorsement shall not increase the applicableLimitsofInsuranceshownintheDeclarations. CG 20 37 04 13 ©insurance Services Office,Inc.,2012 Page 1 of 1 ENDORSEMENT This endorsement,effective 12:01 A.M.01/01/2020 forms a part of policy No.GL 542-58-35 issued to Veolia North America,inc. by National Union Fire Insurance Companyof Pittsburgh,PA THIS ENDORSEMENT CHANGESTHE POLICY.PLEASE READ IT CAREFULLY ADDITIONAL INSURED -PRIMARY INSURANCE This endorsement modifies insurance provided underthe following: COMMERCIAL GENERALLIABILITY COVERAGE FORM Section IV,Commercial General Liability Conditions,paragraph 4.,Other Insurance, subparagraph a.Primary Insurance,is amended by the addition of the following: However,coverage under this policy afforded to an additional insured will apply as primary insurance where required by contract,and any other insurance issued to such additional insuredshailapplyasexcessandnoncontributoryinsurance. -Authorized Representative 74434 (10/99)