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HomeMy WebLinkAboutAdvanced Chemical Transport Inc; 2023-07-18; PSA24-2223FLTDocuSign Envelope ID: CDCC7B78-350C-44F6-B8FD-80C8600F65E0 PSA24-2223FL T AGREEMENT FOR UNDERGROUND STORAGE TANK (UST) AND REGULATORY SUPPORT SERVICES ADVANCED CHEMICAL TRANSPORT, INC. THIS AGREEMENT is made and entered into as of the 18th day of July , 2023, by and between the City of Carlsbad, California, a municipal corporation ("City") and Advanced Chemical Transport, Inc., a California Corporation ("Contractor"). RECITALS A. City requires the services of a consultant that is experienced in Underground Storage Tank (UST) and regulatory support services. B. Contractor has the necessary experience in providing services and Advice Related To Underground Storage Tank (UST) and regulatory 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 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 one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional one (1) year period 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 thousand eight hundred seventy-five dollars ($20,875). 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 thousand eight hundred seventy-five dollars ($20,875) 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." City Attorney Approved Version 5/25/2023 DocuSign Envelope ID: CDCC7B78-350C-44F6-B8FD-80C8600F65E0 PSA24-2223FL T 6. CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize the Owner's Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training/ tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification-subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id37 4930542 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, RFls, 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 the contractor of any other requirements as may be specified in the contract documents. 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 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. 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 City Attorney Approved Version 5/25/2023 2 DocuSign Envelope ID: CDCC7B78-350C-44F6-B8FD-80C8600F65E0 PSA24-2223FL T 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 The City reserves the right to employ other Contractors in connection with the Services. 10. 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. 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 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. 11.1.1 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 projecUlocation 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. City Attorney Approved Version 5/25/2023 3 DocuSign Envelope ID: CDCC7B78-350C-44F6-B8FD-80C8600F65E0 PSA24-2223FL T 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 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 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. 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 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 three (3) 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. City Attorney Approved Version 5/25/2023 4 DocuSign Envelope ID: CDCC7B78-350C-44F6-B8FD-80C8600F65E0 PSA24-2223FL T 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. For City Name Bradley Northup Title Public Works Superintendent Department Public Works City of Carlsbad Address 1635 Faraday Ave. Carlsbad, CA 92008 Phone No. 760-4 7 4-1267 For Contractor Name Matthew Cecil Title Project Manager Address 967 Mabury Road San Jose, CA 95133 Phone No. 760-489-5600 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. 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. The Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. 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 City Attorney Approved Version 5/25/2023 5 DocuSign Envelope ID: CDCC7B78-350C-44F6-B8FD-80C8600F65E0 PSA24-2223FL T employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. 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. 21. 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. 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. 22. 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. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must City Attorney Approved Version 5/25/2023 6 DocuSign Envelope ID: CDCC7B78-350C-44F6-B8FD-80C8600F65E0 PSA24-2223FL T 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. 24. 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. 25. 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. 26. 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. [signatures on following page] City Attorney Approved Version 5/25/2023 7 DocuSign Envelope ID: CDCC7B78-350C-44F6-B8FD-80C8600F65E0 PSA24-2223FL T 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. CONTRACTOR ADVANCED CHEMICAL TRANSPORT, INC., a California corporation By: (sign here) Shawn Ball, Vice-President (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager 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: CINDIE K. McMAHON, City Attorney BY: bitMv f-tUYU"tt -----~-------Deputy City Attorney City Attorney Approved Version 5/25/2023 8 DocuSign Envelope ID: CDCC7B78-350C-44F6-B8FD-80C8600F65E0 PSA24-2223FL T SCOPE OF SERVICES 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 UNIT QTY DESCRIPTION UNIT PRICE NO. PRICE 1 Hour 52 UST/DUSTO Monthly Support $125 $6,500 2 Each 2 DUSTO Training (at least once annually) $625 $1,250 3 Hour 100 EHS I Specialist as needed: Hazardous $125 $12,500 Materials and Waste, CARB/PERP, and other EHS I tasks 4 Each 1 Hazardous Waste Awareness/ DOT for $625 $625 Singing Manifest Training 5 Hour EHS Consulting, as needed -experience level will be assigned case by case ACT will work with CLIENT to allow CLIENT employees supporting EHS functions to focus on their primary responsibilities. New Scope(s) of Work by request only: a. Manage hazardous waste manifests and other shipping papers b. Maintain environmental permits c.Assist with signage (i.e. Lab entry, NFPA, Prop 65) d. Implement the Injury & Illness Prevention plan and other plans e. Attend/facilitate safety committee meetings f. Prepare for and actively participate in all regulatory inspections g. Revisions and/or amendments to SWPPP h. Approval/stamp as required by a Professional Engineer (PE) i. AudiUGap assessments j. Training content and training plans k.Similar services as requested Total $20,875 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. City Attorney Approved Version 5/25/2023 9 DocuSign Envelope ID: CDCC7B78-350C-44F6-B8FD-80C8600F65E0 PSA24-2223FL T 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, including: o Annual spill bucket test. o 36-month overfill prevention test. 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 GERS 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 GERS. 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) City Attorney Approved Version 5/25/2023 10 DocuSign Envelope ID: CDCC7B78-350C-44F6-B8FD-80C8600F65E0 PSA24-2223FL T • 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. • 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] City Attorney Approved Version 5/25/2023 11 DocuSign Envelope ID: CDCC7B78-350C-44F6-B8FD-80C8600F65E0 As-Needed Hazardous Waste Removal Services Unit Rate Schedule Hazardous Waste Disposal Costs WASTE DESCRIPTION UNIT UNIT COST DISPOSAL Non-Reactive Lab Pack EA $165.00 I 5-Gal; Incineration (ABQ) $325.00 I 15-Gal; Reactive Lab Pack EA $325.00 I 5-Gal Incineration (ABQ} Drained Oil Filters (YES) EA $125.00 I 55-Gal Landfill Maintenance Debris EA $195.70 I 55-Gal Recycle (ABQ} High BTU Fuel (ABQ) EA $133.90 I 55-Gal Recycle Oily Debris (TEM) EA $164.80 I 55-Gal Recycle DEF Diesel Exhaust EA $295.00 I 55-Gal Recycle Fluid Empty Drums (APEX) EA $20.00 I 55-Gal Recycle Aerosols EA $80.34 I 5-Gal Recycle Alkaline Batteries Pounds $1.75 I Pound Recycle Lithium Batteries Pounds $11.95 / Pound Recycle Nicad Batteries Pounds $1.75 I Pound Recycle HID Lamps Pounds $3.45 I Pound Recycle Lead Acid Batteries Pounds $0.50 I Pound Recycle Electronic Waste Pounds $1.05 I Pound Recycle Fluorescent Bulbs Pounds $1.30 I Pound Recycle U-Tubes Pounds $3.71 I 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 PSA24-2223FL T City Attorney Approved Version 5/25/2023 12 DocuSign Envelope ID: CDCC7B78-350C-44F6-B8FD-80C8600F65E0 PSA24-2223FL T Transportation & Materials DESCRIPTION UNIT CURRENT UNIT COST Drum Transportation EA $30.00 5-Gal Poly CIT Drum EA $25.00 5-Gal Poly OIT Drum EA $25.00 15-Gal Poly OIT Drum EA $70.00 DESCRIPTION UNIT CURRENT UNIT COST 30-Gal Poly OIT Drum EA $57.00 30-Gal Metal CIT Drum EA $62.00 55-Gal Poly OIT Drum EA $80.00 55-Gal Poly CIT Drum EA $75.00 55-Gal Metal OIT Drum EA $80.00 55-Gal Metal CIT Drum EA $75.00 Cubic Yard Box EA $105.00 4-Foot Fluorescent Lamp Tube EA $47.00 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 Special Services.......................................... $100.94 2. EHS Specialist Services....................................... $127.79 3. Principal EHS Specialist Services ........................... $159.65 City Attorney Approved Version 5/25/2023 13 INSR ADDLSUBRLTRINSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person) $ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS AUTOS ONLYHIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Starr Indemnity and Liability Company Hartford Fire Insurance Company Starr Surplus Lines Insurance Company 4/14/2023 USI Insurance Services NW CL 601 Union Street, Suite 1000 Seattle, WA 98101 Joy Arakaki 206 441-6300 610-362-8530 joy.arakaki@usi.com Advanced Chemical Transport, Inc. dba ACTenviro 967 Mabury Rd San Jose, CA 95133 38318 19682 13604 A X X X BI/PD Ded: $10,000 X X X 1000066897231 04/18/2023 03/01/2024 1,000,000 50,000 5,000 1,000,000 2,000,000 2,000,000 A X X X X X 1000638118231 04/18/2023 03/01/2024 1,000,000 A X X X X 1000336473231 04/18/2023 03/01/2024 10,000,000 10,000,000 B N X 83WEOH7000 03/01/2023 03/01/2024 X 1,000,000 1,000,000 1,000,000 A C Contr. Poll. Liab Prof. Liabilitiy 1000066897231 1000066898231 04/18/2023 04/18/2023 03/01/2024 03/01/2024 $1,000,000/$2,000,000 $1,000,000/$2,000,000 Re: All Operations. City of Carlsbad is included as additional insured as respects to the General Liability. 30 day cancellation notice, except 10 days for the non-payment of premium applies. (E) City of Carlsbad/CMWD c/o Exigis Insurance PO Box 947 Murrieta, CA 92564 1 of 1 #S39769989/M39765969 ACTENVIRClient#: 1864809 SACT 1 of 1 #S39769989/M39765969 DocuSign Envelope ID: CDCC7B78-350C-44F6-B8FD-80C8600F65E0 r I ' ,__ D □ ,__ ,__ R n n ,__ ,__ - ,__ ~ ,__ ~ ,__ H I I I I I □ I Dallas, TX 1-866-519-2522 OG - 023 (06/11)Page 1 of 2 Copyright © C. V. Starr & Company and Starr Indemnity & Liability Company. All rights reserved. Includes copyrighted material of ISO Properties, Inc., used with its permission. Primary and Non-contributory, Additional Insured and Waiver of Subrogation Policy Number: Effective Date: at 12:01 A.M. Named Insured: Advanced Chemical Transport, Inc. This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective policy(ies) carefully. Commercial General Liability Coverage Form Owners and Contractors Protective Liability Coverage form Products/Completed Operations Liability Coverage Form Contractors Pollution Liability Coverage Form Professional Liability Coverage Form Site Pollution Liability Coverage Form SCHEDULE All as required by written, signed or executed contract. A. SECTION II - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the schedule of this endorsement, but only with respect to liability arising out of “your work” for that insured by or for you. B.As respects additional insureds as defined above, this insurance also applies to “bodily injury” or “property damage” arising out of your negligence when the following written contract requirements are applicable: 1.Coverage available under this coverage part shall apply as primary insurance. Any other insurance available to these additional insured’s shall apply as excess and not contribute as primary to the insurance afforded by this endorsement. 2.We waive any right of recovery we may have against these additional insured’s because of payments we make for injury or damage arising out of “your work” done under a written contract with the additional insured. 3.The term insured is used separately and not collectively, but the inclusion of more than one insured shall not increase the limits or coverage provided by this insurance. Insureds and Agents are advised that certificates of insurance should be used only to provide evidence of insurance in lieu of an actual copy of the applicable insurance policy. Certificates should not be used to amend, expand or otherwise alter the terms of the actual policy. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. 04/18/20231000066897231 DocuSign Envelope ID: CDCC7B78-350C-44F6-B8FD-80C8600F65E0 • Starr Indemnity & liability Company Dallas, TX 1-866-519-2522 OG - 023 (06/11)Page 2 of 2 Copyright © C. V. Starr & Company and Starr Indemnity & Liability Company. All rights reserved. Includes copyrighted material of ISO Properties, Inc., used with its permission. Signed for STARR INDEMNITY & LIABILITY COMPANY DocuSign Envelope ID: CDCC7B78-350C-44F6-B8FD-80C8600F65E0 • Starr Indemnity & Liability Company OocuSign Envelope ID: CDCC7B78-350C44F6-88FD-80Ca600F6SEO COMMERCIAL AUTO SICA-1016 06 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -AUTOMATIC STATUS AMENDATORYENDORSEMENT Policy Number: 1000638118231 Effective Date: 04/18/2023 Named Insured: Advanced Chemical Transport, I This endorsement modifies the insurance coverage fomn(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective policy(ies) carefully. AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM It is hereby agreed that SECTION II -COVERED AUTOS LIABILITY COVERAGE, A. COVERAGE, 1. Who Is An Insured of the Business Auto Coverage Form and Motor Carrier Coverage Forni, and SECTION I -COVERED AUTOS COVERAGES, D. Covered Autos Liability Coverage, 2. Who Is An Insured of the Auto Dealers Coverage Forni are amended to include the following: Any person or organization whom you become obligated to include as an additional insured under this policy, as a result of any written contract or written 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 for •bodily injury• or "property damage• caused, in whole or in part, by your use of a covered "auto•. However, the insurance afforded only applies to the extent pemiitted by law, and will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by such written contract or written agreement. All other terms and conditions of this Policy remain unchanged. SICA-1016 06 21 Ccpyright © Starr Indemnity & Liability Ccmpany. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. SL 023 (06/11)Page 1 of 1 Copyright © Starr Surplus Lines Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Primary and Non-contributory, Additional Insured and Waiver of Subrogation Policy Number:Effective Date: at 12:01 A.M. Named Insured: Advanced Chemical Transport, Inc. This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective policy(ies) carefully. Commercial General Liability Coverage Form Owners and Contractors Protective Liability Coverage form Products/Completed Operations Liability Coverage Form Contractors Pollution Liability Coverage Form Professional Liability Coverage Form Site Pollution Liability Coverage Form SCHEDULE Where Required By Written Contract A. SECTION II - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the schedule of this endorsement, but only with respect to liability arising out of “your work” for that insured by or for you. B.As respects additional insureds as defined above, this insurance also applies to “bodily injury” or “property damage” arising out of your negligence when the following written contract requirements are applicable: 1.Coverage available under this coverage part shall apply as primary insurance. Any other insurance available to these additional insured’s shall apply as excess and not contribute as primary to the insurance afforded by this endorsement. 2.We waive any right of recovery we may have against these additional insured’s because of payments we make for injury or damage arising out of “your work” done under a written contract with the additional insured. 3.The term insured is used separately and not collectively, but the inclusion of more than one insured shall not increase the limits or coverage provided by this insurance. Insureds and Agents are advised that certificates of insurance should be used only to provide evidence of insurance in lieu of an actual copy of the applicable insurance policy. Certificates should not be used to amend, expand or otherwise alter the terms of the actual policy. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. 04/18/20231000066898231 DocuSign Envelope ID: CDCC7B78-350C-44F6-B8FD-80C8600F65E0 • Starr Surplus Lines Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative (1) Printed in U.S.A.Form WC 04 03 06 Process Date:03//2Policy Expiration Date:03/01/2 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Endorsement Number:Policy Number:83WEOH7000 Effective Date: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 applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us 03/01/2023 DocuSign Envelope ID: CDCC7B78-350C-44F6-B8FD-80C8600F65E0 ?