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HomeMy WebLinkAboutCO 2025-034 - Siemens Mobility Inc.Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 1 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this 10 day of April 2025, by and between the City of Rancho Cucamonga, a municipal corporation (“City”) and the Rancho Cucamonga Fire Protection District (“RCFPD”) and United Pumping Service, Inc. (“Contractor”). RECITALS A. City and RCFPD has heretofore issued its request for proposals to perform the following services: Removal and Disposal of City and RCFPD Generated Hazardous Waste (“the Project”). B. Contractor has submitted a proposal to perform the services described in Recital “A”, above, necessary to complete the Project. C. City and RCFPD desires to engage Contractor to complete the Project in the manner set forth and more fully described herein. D. Contractor represents that it is fully qualified and licensed under the laws of the State of California to perform the services contemplated by this Agreement in a good and professional manner. AGREEMENT NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: 1.Contractor’s Services. 1.1 Scope and Level of Services. Subject to the terms and conditions set forth in this Agreement, City and RCFPD hereby engages Contractor to perform all services described in Recitals “A” and “B” above, including, but not limited to the removal, transportation and disposal of hazardous waste generated by the City and RCFPD; all as more fully set forth in Contractor’s proposal, dated February 6, 2025 attached hereto as Exhibit A, and Schedule of Lump Sum and Unit Costs attached hereto as Exhibit B, hereinafter entitled “Scope of Work”, and incorporated by reference herein. The nature, scope, and level of the services required to be performed by Contractor are set forth in the Scope of Work and are referred to herein as “the Services.” In the event of any inconsistencies between the Scope of Work and this Agreement, the terms and provisions of this Agreement shall control. 1.2 Revisions to Scope of Work. Upon request of the City and RCFPD, the Contractor will promptly meet with City and RCFPD staff to discuss any revisions to the Project desired by the City and RCFPD. Contractor agrees that the Scope of Work may be amended based upon said meetings, and, by amendment to this Agreement, the parties may agree on a revision or revisions to Contractor’s compensation based thereon. A revision pursuant to this Section that does City of Rancho Cucamonga CONTRACT NUMBER 2025-034 Docusign Envelope ID: AE6C448B-6564-45D8-8F3C-CF987E2C9C54 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 2 not increase the total cost payable to Contractor by more than ten percent (10%) of the total compensation specified in Section 3, may be approved in writing by City’s Manager without amendment. 1.3 Time for Performance. Contractor shall perform all services under this Agreement in a timely, regular basis consistent with industry standards for professional skill and care, and in accordance with any schedule of performance set forth in the Scope of Work, or as set forth in a “Schedule of Performance”, if such Schedule is attached hereto as Exhibit “N/A”. 1.4 Standard of Care. As a material inducement to City and RCFPD to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing the Services. 1.5 Familiarity with Services. By executing this Agreement, Contractor represents that, to the extent required by the standard of practice, Contractor (a) has investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. Contractor represents that Contractor, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of services, Contractor shall immediately inform City and RCFPD of such fact and shall not proceed except at Contractor’s risk until written instructions are received from the City and RCFPD Representative. 2. Term of Agreement. The term of this Agreement shall become effective as of the date of the mutual execution by way of both party’s signature (the “Effective Date”) through April 10, 2025 through June 30, 2026. No work shall be conducted; service or goods will not be provided until this Agreement has been executed and requirements have been fulfilled. Parties to this Agreement shall have the option to renew in one (1) year increments to a total of six (6) additional years, unless sooner terminated as provided in Section 14 herein. Prior to entering into an agreement for an annual extension the Contractor may request a Cost-of-living Increase in an amount not to exceed the increase in the March index of the Consumer Price Index All Urban Consumers for the Riverside-San Bernardino-Ontario, California area published by the U.S. Department of Labor, Bureau of Labor Statistics. Options to renew are contingent upon the City Manager’s approval, subject to pricing review, and in accordance with all Terms and Conditions stated herein unless otherwise provided in writing by the City and RCFPD. 3.Compensation. 3.1 Compensation. City and RCFPD shall compensate Contractor as set forth in Exhibit A, provided, however, that full, total and complete amount payable to Contractor shall not exceed $20,000 annually for services during the City and RCFPD fiscal year ending June 30, 2026, including all out of pocket expenses, unless additional compensation is approved by the City Manager or City Council. City and RCFPD shall not withhold any federal, state or other taxes, or other deductions. Docusign Envelope ID: AE6C448B-6564-45D8-8F3C-CF987E2C9C54 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 3 However, City and RCFPD shall withhold not more than ten percent (10%) of any invoice amount pending receipt of any deliverables reflected in such invoice. Under no circumstance shall Contractor be entitled to compensation for services not yet satisfactorily performed. The parties further agree that compensation may be adjusted in accordance with Section 1.2 to reflect subsequent changes to the Scope of Services. City and RCFPD shall compensate Contractor for any authorized extra services as set forth in Exhibit A. 4. Method of Payment. 4.1 Invoices. Contractor shall submit to City and RCFPD monthly invoices for the Services performed pursuant to this Agreement. The invoices shall describe in detail the Services rendered during the period and shall separately describe any authorized extra services. Any invoice claiming compensation for extra services shall include appropriate documentation of prior authorization of such services. All invoices shall be remitted to the City of Rancho Cucamonga, California. 4.2 City and RCFPD shall review such invoices and notify Contractor in writing within ten (10) business days of any disputed amounts. 4.3 City and RCFPD shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the not-to-exceed amounts set forth in Section 3. 4.4 All records, invoices, time cards, cost control sheets and other records maintained by Contractor relating to services hereunder shall be available for review and audit by the City and RCFPD. 5. Representatives. 5.1 City and RCFPD Representative. For the purposes of this Agreement, the contract administrator and City and RCFPD’s representative shall be Richard Favela, Public Works Superintendent or such other person as designated in writing by the City and RCFPD (“City and RCFPD Representative”). It shall be Contractor’s responsibility to assure that the City and RCFPD Representative is kept informed of the progress of the performance of the servi ces, and Contractor shall refer any decisions that must be made by City and RCFPD to the City and RCFPD Representative. Unless otherwise specified herein, any approval of City and RCFPD required hereunder shall mean the approval of the City and RCFPD Representative. 5.2 Contractor Representative. For the purposes of this Agreement, John Ramos, Project Manager is hereby designated as the principal and representative of Contractor authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith (“Contractor’s Representative”). It is expressly understood that the experience, knowledge, capability and reputation of the Contractor’s Representative were a substantial inducement for City and RCFPD to enter into this Agreement. Therefore, the Contractor’s Representative shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. Contractor may not change the Docusign Envelope ID: AE6C448B-6564-45D8-8F3C-CF987E2C9C54 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 4 Responsible Principal without the prior written approval of City and RCFPD. 6. Contractor’s Personnel. 6.1 All Services shall be performed by Contractor or under Contractor’s direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City and RCFPD business license as required by the City’s Municipal Code. 6.2 Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the standard of care set forth in Section 1.4. 6.3 Contractor shall be responsible for payment of all employees’ and subcontractors’ wages and benefits and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security. By its execution of this Agreement, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services. 6.4 Contractor shall indemnify, defend and hold harmless City and RCFPD and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of City and RCFPD officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Contractor’s violations of personnel practices and/or any violation of the California Labor Code. City and RCFPD shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City and RCFPD from Contractor as a result of Contractor’s failure to promptly pay to City and RCFPD any reimbursement or indemnification arising under this Section 6. 7. Ownership of Work Product. 7.1 Ownership. All documents, ideas, concepts, electronic files, drawings, photographs and any and all other writings, including drafts thereof, prepared, created or provided by Contractor in the course of performing the Services, including any and all intellectual and proprietary rights arising from the creation of the same (collectively, “Work Product”), are considered to be “works made for hire” for the benefit of the City and RCFPD. Upon payment being made, and provided Contractor is not in breach of this Agreement, all Work Product shall be and remain the property of City and RCFPD without restriction or limitation upon its use or dissemination by City and RCFPD. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by Contractor under this Agreement shall, upon request, be made available to City and RCFPD. None of the Work Product shall be the subject of any common law or statutory copyright or copyright application by Contractor. In the event of the return of any of the Work Product to Contractor or its representative, Contractor shall be responsible for its safe return to City and RCFPD. Under no circumstances shall Contractor fail to deliver any draft or final designs, plans, drawings, reports or specifications to City and RCFPD upon written demand by Docusign Envelope ID: AE6C448B-6564-45D8-8F3C-CF987E2C9C54 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 5 City and RCFPD for their delivery, notwithstanding any disputes between Contractor and City and RCFPD concerning payment, performance of the contract, or otherwise. This covenant shall survive the termination of this Agreement. City and RCFPD’s reuse of th e Work Product for any purpose other than the Project, shall be at City and RCFPD’s sole risk. 7.2. Assignment of Intellectual Property Interests: Upon execution of this Agreement and to the extent not otherwise conveyed to City and RCFPD by Section 7.1, above, the Contractor shall be deemed to grant and assign to City and RCFPD, and shall require all of its subcontractors to assign to City and RCFPD, all ownership rights, and all common law and statutory copyrights, trademarks, and other intellectual and proprietary property rights relating to the Work Product and the Project itself, and Contractor shall disclaim and retain no rights whatsoever as to any of the Work Product, to the maximum extent permitted by law. City and RCFPD shall be entitled to utilize the Work Product for any and all purposes, including but not limited to constructing, usin g, maintaining, altering, adding to, restoring, rebuilding and publicizing the Project or any aspect of the Project. 7.3 Title to Intellectual Property. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of the Work Product and/or materials produced under this Agreement, and that City and RCFPD has full legal title to and the right to reproduce any of the Work Product. Contractor shall defend, indemnify and hold City and RCFPD, and its elected off icials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City and RCFPD officials, harmless from any loss, claim or liability in any way related to a claim that City and RCFPD’s use is violating federal, state or local laws, or any contractual provisions, relating to trade names, licenses, franchises, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, software, equipment, devices or processes used or incorporated in the Services and materials produced under this Agreement. In the event City and RCFPD’s use of any of the Work Product is held to constitute an infringement and any use thereof is enjoined, Contractor, at its expense, shall: (a) secure for City and RCFPD the right to continue using the Work Product by suspension of any injunction or by procuring a license or licenses for City and RCFPD; or (b) modify the Work Product so that it becomes non-infringing. This covenant shall survive the termination of this Agreement. 8. Status as Independent Contractor. Contractor is, and shall at all times, remain as to City and RCFPD, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City and RCFPD or otherwise act as an agent of City and RCFPD. Neither City and RCFPD nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City and RCFPD. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and to defend, indemnify and hold City and RCFPD harmless from any and all taxes, assessments, penalties, and interest asserted against City and RCFPD by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees 9. Confidentiality. Contractor may have access to financial, accounting, statistical, and Docusign Envelope ID: AE6C448B-6564-45D8-8F3C-CF987E2C9C54 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 6 personnel data of individuals and City and RCFPD employees. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are confidential and shall not be disclosed by Contractor without prior written authorization by City and RCFPD. City and RCFPD shall grant such authorization if applicable law requires disclosure. All City and RCFPD data shall be returned to City and RCFPD upon the termination of this Agreement. Contractor’s covenant under this Section shall survive the termination of this Agreement. This provision shall not apply to information in whatever form that is in the public domain, nor shall it restrict the Contractor from giving notices required by law or complying with an order to provide information or data when such an order is issued by a court, administrative agency or other legitimate authority, or if disclosure is otherwise permitted by law and reasonably necessary for the Contractor to defend itself from any legal action or claim. 10. Conflict of Interest. 10.1 Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants t hat, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor “financially interested” (as provided in California Government Code §§1090 and 87100) in any decision made by City and RCFPD on any matter in connection with which Contractor has been retained. 10.2 Contractor further represents that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Contractor has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City and RCFPD shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 10.3 Contractor has no knowledge that any officer or employee of City and RCFPD has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City and RCFPD, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws as described in subsection 10.1. 11. Indemnification. 11.1 To the maximum extent permitted by law, the Contractor shall defend, indemnify and hold the City and RCFPD, and its elected officials, officers, employees, servants, volunteers, and agents serving as independent contractors in the role of City officials an d RCFPD, (collectively, “Indemnitees”),free and harmless with respect to any and all damages, liabilities, losses, reasonable defense costs or expenses (collectively, “Claims”), including but not limited to Docusign Envelope ID: AE6C448B-6564-45D8-8F3C-CF987E2C9C54 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 7 Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts, omissions, activities or operations of Contractor or any of its officers, employees, subcontractors, Contractors, or agents in the performance of this Agreement. Contractor shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City and RCFPD’s choice, and shall pay all costs and expenses, including actual attorney’s fees and experts’ costs incurred in connection with such defense. The indemnification obligation herein shall not in any way be limited by the insurance obligations contained in this Agreement provided, however, that the Contractor shall have no obligation to indemnify for Claims arising out of the sole negligence or willful misconduct of any of the Indemnitees. 11.2 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City and RCFPD, or the deposit with City and RCFPD, of any insurance policy or certificate required pursuant to this Agreement. 11.3 Waiver of Right of Subrogation. Except as otherwise expressly provided in this Agreement, Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor. 11.4 Survival. The provisions of this Section 11 shall survive the termination of the Agreement and are in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to re cover under this indemnity provision, and an entry of judgment against Contractor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. 12. Insurance. 12.1 Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Contractor, and/or its agents, representatives, employees or subcontractors. 12.2 Minimum Scope of Insurance. Unless otherwise approved by City and RCFPD, coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker’s Compensation insurance as required by the State of California, and Employer’s Liability Insurance. 12.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: Docusign Envelope ID: AE6C448B-6564-45D8-8F3C-CF987E2C9C54 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 8 (1) Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage. (3) Employer’s Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers’ Compensation Insurance in the amount required by law. (4) The Insurance obligations under this Agreement shall be the greater of (i) the Insurance coverages and limits carried by the Contractor; or (ii) the minimum Insurance coverages and limits shown in this Agreement. Any insurance proceeds in excess of the specified limits and coverage required which are applicable to a given loss, shall be available to the City and RCFPD. No representation is made that the minimum Insurance requirements of this Agreement are sufficient to cover the obligations of the Contractor under this agreement. 12.4 Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City and RCFPD and shall not reduce the limits of coverage. City and RCFPD reserves the right to obtain a full certified copy of any required insurance policy and endorsements. 12.5 Other Insurance Provisions. (1) The commercial general liability and automobile liability policies are to contain the following provisions on a separate additionally insured endorsement naming the City, RCFPD, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City and RCFPD officials, as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; and/or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, RCFPD, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City and RCFPD officials which are not also limitations applicable to the named insured. (2) For any claims related to this Agreement, Contractor’s insurance coverage shall be primary insurance as respects City, RCFPD, its officers, officials, employees, designated volunteers and agents serving Docusign Envelope ID: AE6C448B-6564-45D8-8F3C-CF987E2C9C54 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 9 as independent contractors in the role of City and RCFPD officials. Any insurance or self-insurance maintained by City, RCFPD, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City and RCFPD officials shall be in excess of Contractor’s insurance and shall not contribute with it. (3) Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. (4) Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Contractor shall forthwith obtain and submit proof of substitute insurance. Should Contractor fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City and RCFPD may procure such insurance at Contractor’s sole cost and expense. (5) Each insurance policy required by this clause shall expressly waive the insurer’s right of subrogation against City and RCFPD, its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City and RCFPD officials. (6) Each policy shall be issued by an insurance company approved in writing by City and RCFPD, which is admitted and licensed to do business in the State of California and which is rated A:VII or better according to the most recent A.M. Best Co. Rating Guide. (7) Each policy shall specify that any failure to comply with reporting or other provisions of the required policy, including breaches of warranty, shall not affect the coverage required to be provided. (8) Each policy shall specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorneys' fees, shall be paid in addition to and shall not deplete any policy limits. (9) Contractor shall provide any and all other insurance, endorsements, or exclusions as required by the City and RCFPD in any request for proposals applicable to this Agreement. 12.6 Evidence of coverage. Prior to commencing performance under this Agreement, the Contractor shall furnish the City and RCFPD with certificates and original Docusign Envelope ID: AE6C448B-6564-45D8-8F3C-CF987E2C9C54 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 10 endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement including (1) Additional Insured Endorsement(s), (2) Worker’s Compensation waiver of subrogation endorsement, and (3) General liabil ity declarations or endorsement page listing all policy endorsements. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by the City and RCFPD before Contractor commences performance. If performance of this Agreement shall extend beyond one year, Contractor shall provide City and RCFPD with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance. 12.7 Contractor agrees to include in all contracts with all subcontractors performing work pursuant to this Agreement, the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of any such subcontractor’s work. Contractor shall require its subcontractors to be bound to Contractor and City and RCFPD in the same manner and to the same extent as Contractor is bound to City and RCFPD pursuant to this Agreement, and to require each of its subcontractors to include these same provisions in its contract with any sub-subcontractor. 13. Cooperation. In the event any claim or action is brought against City and RCFPD relating to Contractor’s performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation that City and RCFPD might require. City and RCFPD shall compensate Contractor for any litigation support services in an amount to be agreed upon by the parties. 14. Termination. City and RCFPD shall have the right to terminate this Agreement at any time for any or no reason on not less than ten (10) days prior written notice to Contractor. In the event City and RCFPD exercises its right to terminate this Agreement, City and RCFPD shall pay Contractor for any services satisfactorily rendered prior to the effective date of the termination, provided Contractor is not then in breach of this Agreement. Contractor shall have no other claim against City and RCFPD by reason of such termination, including any claim for compensation. City and RCFPD may terminate for cause following a default remaining uncured more than five (5) business days after service of a notice to cure on the breaching party. Contractor may terminate this Agreement for cause upon giving the City and RCFPD ten (10) business days prior written notice for any of the following: (1) uncured breach by the City and RCFPD of any material term of this Agreement, including but not limit ed to Payment Terms; (2) material changes in the conditions under which this Agreement was entered into, coupled with the failure of the parties to reach accord on the fees and charges for any Additional Services required because of such changes. 15. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor’s and City and RCFPD’s regu lar business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses set forth in this Section, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. Docusign Envelope ID: AE6C448B-6564-45D8-8F3C-CF987E2C9C54 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 11 All notices shall be addressed as follows: If to City and RCFPD: City of Rancho Cucamonga Public Works Services Department 8794 Lion Street Rancho Cucamonga, CA 91730 If to Contractor: United Pumping Service, Inc. Attn: Lydia Perry 14000 E. Valley Blvd. Industry, CA 91746 16. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. 17. Assignment and Subcontracting. Contractor shall not assign or transfer any interest in this Agreement or subcontract the performance of any of Contractor’s obligations hereunder without City and RCFPD’s prior written consent. Except as provided herein, any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 18. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and compliance with other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Pr evailing Wage Laws. The applicable prevailing wage rate determinations can be found at http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services, available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City and RCFPD, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 19. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other Docusign Envelope ID: AE6C448B-6564-45D8-8F3C-CF987E2C9C54 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 12 condition of performance under this Agreement. In no event shall the making by City and RCFPD of any payment to Contractor constitute or be construed as a waiver by City and RCFPD of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City and RCFPD shall in no way impair or prejudice any right or remedy available to City and RCFPD with regard to such breach or default. 20. Attorney’s Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney’s fees and costs of experts. 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. 22. Applicable Law and Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. Venue for any action relating to this Agreement shall be in the San Bernardino County Superior Court. 23. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 24. Entire Agreement. This Agreement consists of this document, and any other documents, attachments and/or exhibits referenced herein and attached hereto, each of which is incorporated herein by such reference, and the same represents the entire and integrated agreement between Contractor and City and RCFPD. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Docusign Envelope ID: AE6C448B-6564-45D8-8F3C-CF987E2C9C54 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 13 IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. Contractor Name: By: Name Date City of Rancho Cucamonga By: Date Public Works Services Director Title Title By: Name Date Rancho Cucamonga Fire Protection District By: Mike McCliman Date Fire Chief Title Title (two signatures required if corporation) Docusign Envelope ID: AE6C448B-6564-45D8-8F3C-CF987E2C9C54 4/10/2025 | 11:38 AM PDT Secretary/Treasurer United Pumping Service, Inc. 4/10/2025 | 11:39 AM PDT 4/10/2025 | 2:19 PM PDT Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 14 ATTACHMENTS • Attachment A – Sample Additional Insured Endorsement, Ongoing Operations • Attachment B – Sample Additional Insured Endorsement, Completed Operations • Attachment C – Sample Waiver of Subrogation Docusign Envelope ID: AE6C448B-6564-45D8-8F3C-CF987E2C9C54 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 15 Attachment A – Sample Additional Insured Endorsement, Ongoing Operations Docusign Envelope ID: AE6C448B-6564-45D8-8F3C-CF987E2C9C54 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 16 Attachment B – Sample Additional Insured Endorsement, Completed Operations Docusign Envelope ID: AE6C448B-6564-45D8-8F3C-CF987E2C9C54 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 17 Attachment C – Sample Waiver of Subrogation Docusign Envelope ID: AE6C448B-6564-45D8-8F3C-CF987E2C9C54 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 18 SCOPE OF WORK Scope of Work Contents: • Exhibit A – Contractor’s proposal • Exhibit B – Unit Costs Docusign Envelope ID: AE6C448B-6564-45D8-8F3C-CF987E2C9C54 REQUEST FOR PROPOSAL HAZARDOUS WASTE REMOVAL AND DISPOSAL SERVICES (RFP #24/25-015) For City of Rancho Cucamonga Procurement Division 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Submitted by 14000 E. Valley Blvd. City of Industry, CA 91746 John Ramos Sales Representative 626/ 961-9326 Office 626/ 434-6418 Fax john@unitedpumping.com Due Date: February 6, 2025 @ 9:00 AM Docusign Envelope ID: AE6C448B-6564-45D8-8F3C-CF987E2C9C54 2 | P a g e 1 4 0 0 0 E . V a l l e y B l v d . , I n d u s t r y , C A 9 1 7 4 6 | ( 6 2 6 ) 9 6 1 - 9 3 2 6 w w w . u n i t e d p u m p i n g . c o m February 6, 2025 City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Subject: RFP #24/25-015, Hazardous Waste Removal and Disposal Services To Whom it may concern: United Pumping Service, Inc. (United), thanks you for the opportunity to submit the foregoing qualifying statements pertaining to the City of Rancho Cucamonga’s RFP #24/25-015. Contact Information United Pumping Service, Inc. Lydia Perry, Secretary/Treasurer 14000 E. Valley Blvd., Industry, CA 91746 Tel. (626) 961-9326; Cell (626) 890-7078 Qualifying Statements United Pumping Service has served southern California in the field of hazardous and non-hazardous waste removal, transportation and remediation for 55 years. Established in 1970 this family owned and operated Minority Business Enterprise (MBE) maintains an impressive fleet of trucks, roll-off containers, and support equipment to handle day-to-day removal requests as well as emergency response situations. United is a full service company that provides its clients with quality service in the areas of transportation, disposal, site remediation, sanitization/decontamination, plant closures, tank cleaning and removal, and other various environmental needs. As the 63rd licensed transporter in California, United Pumping Service is the oldest licensed emergency response/hazardous waste transporter in the state. United Pumping Service is able and willing to comply with all provisions stated in the RFP. Sincerely, Lydia Perry, Secretary/Treasurer Docusign Envelope ID: AE6C448B-6564-45D8-8F3C-CF987E2C9C54 3 | P a g e 1 4 0 0 0 E . V a l l e y B l v d . , I n d u s t r y , C A 9 1 7 4 6 | ( 6 2 6 ) 9 6 1 - 9 3 2 6 w w w . u n i t e d p u m p i n g . c o m TABLE OF CONTENTS 1. Section 1: Executive Summary ……………………………………………………………………………………… 4 2. Section 2: Experience ……………………………………………………………………………………………………. 6 3. Section 3: Third-Party / Subcontractors ………………………………………………..…………………….. 10 4. Section 4: Staff Biographies ………………………………………………………………………………………….. 12 5. Section 5: Proposal Response ……………………………………………………………………………………….. 16 Docusign Envelope ID: AE6C448B-6564-45D8-8F3C-CF987E2C9C54 4 | P a g e 1 4 0 0 0 E . V a l l e y B l v d . , I n d u s t r y , C A 9 1 7 4 6 | ( 6 2 6 ) 9 6 1 - 9 3 2 6 w w w . u n i t e d p u m p i n g . c o m SECTION 1: EXECUTIVE SUMMARY Docusign Envelope ID: AE6C448B-6564-45D8-8F3C-CF987E2C9C54 5 | P a g e 1 4 0 0 0 E . V a l l e y B l v d . , I n d u s t r y , C A 9 1 7 4 6 | ( 6 2 6 ) 9 6 1 - 9 3 2 6 w w w . u n i t e d p u m p i n g . c o m SECTION 1: EXECUTIVE SUMMARY United Pumping Service is a Class A General Engineering Contractor with 55 years of experience in the environmental field having all of the manpower, resources, and permits/licenses in place for providing reliable hazardous waste removal and disposal services. Services will include the removal, transportation and disposal of hazardous waste generated by the City and RCFPD. All work will be performed without the use of Subcontractors. All of United’s employees are on-call 24-hours and its field staff is comprised of 28 Drivers, 30 Supervisors and Technicians, and 10 Project Managers. Designated Hazmat responders are assigned Emergency Response Utility vehicles that are in their possession 24-hours per day in order to facilitate the rapid response times that customers rely on. United will employ a project management system for ensuring safe, legal, and accurate results for this contract. Staffing assignments for performing the services of this contract will be as follows:  John Ramos—Sales Representative / Project Manager  Marisa Bishop—Environmental Health & Safety Manager  Various Field Personnel—Field Operations Pricing for line items 1 thru 8 include the costs for disposal only. Labor and equipment for packaging and transporting the waste for disposal will be paid per line items 13, 14, and 16 (if needed). The payment of prevailing wages applies to this contract. Rates will remain fixed for the first contract year only and rate increases for subsequent contract years will be per the Consumer Price Index for the previous 12-month period as agreed to by both parties in writing. Docusign Envelope ID: AE6C448B-6564-45D8-8F3C-CF987E2C9C54 6 | P a g e 1 4 0 0 0 E . V a l l e y B l v d . , I n d u s t r y , C A 9 1 7 4 6 | ( 6 2 6 ) 9 6 1 - 9 3 2 6 w w w . u n i t e d p u m p i n g . c o m SECTION 2: EXPERIENCE Docusign Envelope ID: AE6C448B-6564-45D8-8F3C-CF987E2C9C54 7 | P a g e 1 4 0 0 0 E . V a l l e y B l v d . , I n d u s t r y , C A 9 1 7 4 6 | ( 6 2 6 ) 9 6 1 - 9 3 2 6 w w w . u n i t e d p u m p i n g . c o m SECTION 2: EXPERIENCE 1. Identification of Bidder Contractor Information Legal Name United Pumping Service, Inc. Address 14000 E. Valley Blvd., City of Industry, CA 91746 Legal Form of Company C-Corporation Year Founded 1970 (54 years) Date of Incorporation 7/1/1974 Tax Identification No. 95-2893404 DIR Registration No. 1000006212 Contractor License No. 617639 (A, C21, HAZ, C31, C42, ASB) DBE Designation Minority Business Enterprise (MBE) Pending Litigation? No 2. Company Experience Since 1970 United Pumping Service has provided southern California with turn-key hazardous and non-hazardous waste removal and transportation services. This family owned and operated Minority Business Enterprise (MBE) maintains an impressive fleet of trucks, roll-off containers, and support equipment to handle day-to-day removal requests as well as emergency response situations. United is a 24-hour full service company that provides quality services, and its staff works closely with every client for optimum compliance with today's complex environmental demands. During United’s extensive years of experience in the environmental remediation field it has developed a broad base of capabilities that include the following services:  Hazardous & Non-Hazardous Waste Management & Transportation o Stainless Steel & Lined Tankers o Industrial Vactors & Jetters  Waste Identification, Profiling, and Disposal  Stabilization/Solidification of Waste  Sewer Maintenance  Lab Packing & Bio-Waste Cleanup  Homeless Encampment Cleanup  Decommissioning of Polychlorinated Biphenyl (PCB) Transformers & Capacitors  Contaminated Soil Excavation & Removal  Decontamination of Equipment, Tanks, & Structures  Demolition of Equipment & Structures  Above- and Under Ground Storage Tank Removal  Confined Space Entry & Rescue Services  Railway Services  End-Dump Truck Services  Roll-off Bin Rental & Sludge Dewatering  COVID-19 Sanitizing Services  24-Hour Emergency Response Spill Clean-Up Services 3. Qualifications United Pumping Service holds the licenses and permits required for fulfillment of the contract and has successfully provided similar services to numerous clients over its 55-year history. As the 63rd Hazardous Waste Transporter registered with the Department of Toxic Substance Control, United Pumping Service is the oldest emergency response/hazardous waste transporter in the state. Docusign Envelope ID: AE6C448B-6564-45D8-8F3C-CF987E2C9C54 8 | P a g e 1 4 0 0 0 E . V a l l e y B l v d . , I n d u s t r y , C A 9 1 7 4 6 | ( 6 2 6 ) 9 6 1 - 9 3 2 6 w w w . u n i t e d p u m p i n g . c o m a) Licenses & Permits  California Contractor’s Board License Number: 617639 o A – General Engineering o ASB – Asbestos Remediation o HAZ - Hazardous Substance Removal and Remedial Actions Contractor o C21 – Building Moving/Demolition Contractor o C31 – Construction Zone Traffic Control Contractor o C42 – Sanitation System Contractor  EPA Identification Number: CAD072953771  California Department of Motor Vehicles Motor Carrier Permit Number: 0001024  California Department of Food and Agriculture-Inedible Kitchen Grease Transporter Commercial Registration Number: IKC-10108  Department of Toxic Substance Control Hazardous Waste Transporter Registration Number: 0063  California Highway Patrol - Hazardous Materials Transportation License Number: 27388  US DOT Hazardous Materials Certificate of Registration: HM Company ID 1660  Cal EPA/DTSC Transportable Treatment Unit Under Conditional Exemption: UPSDW1  SCAQMD Rule 1166 Contaminated Soil Mitigation Plan Company: Plan ID 576918  OSHA Trench and/or Excavation Permit Number: 2025-904435  California Department of Health Services Trauma Scene Waste Management Practitioner Number: 079  California Department of Resources Recycling and Recovery Waste Tire Hauler Registration: 1002832 b) Insurance Coverage United Pumping Service currently holds sufficient insurance coverage to perform the scope of work. A summary of bonding and insurance capacities are provided below: Bonding Agent: Commercial Surety Bonding Agency Bonding Company: Arch Insurance Company Insurance Agent: IMA, Inc. Insurance Capacity: $15,000,000 Insurance Company: Greenwich Insurance Company 4. Firm Size United Pumping Service and its sister company, United Storm Water, share the same privately owned 8-acre property in the City of Industry that houses a large corporate office and fleet yard. Together they have effectively planned, managed, and delivered the professional, reliable, and innovative services that their customers deserve. All of United’s employees are on-call 24-hours and its field staff is comprised of (28) Drivers, (30) Supervisors and Technicians, and (10) Project Managers with a total of (112) employees. Docusign Envelope ID: AE6C448B-6564-45D8-8F3C-CF987E2C9C54 9 | P a g e 1 4 0 0 0 E . V a l l e y B l v d . , I n d u s t r y , C A 9 1 7 4 6 | ( 6 2 6 ) 9 6 1 - 9 3 2 6 w w w . u n i t e d p u m p i n g . c o m 5. Training A brief description of United’s training program is provided below. a) Project Managers United’s Project Managers are well versed in the environmental remediation industry and undergo much of the same fundamental training as its service staff:  40-Hour HAZWOPER Training & 8-Hour Annual Refresher Courses  Completion of e-RAILSAFE System Program & Background Check  Traffic Control Training Per Caltrans Chapter 8 Standards  Confined Space Entry Training  DOT HM-126F, HM-180 & HM-181  Bloodborne Pathogens Training  CPR & First Aid Training b) Service Staff United’s highly experienced, professional service staff are trained and medically monitored in accordance with OSHA and Cal/OSHA standards—Title 29 CFR 1910.120 (hazardous waste operations and emergency response); 1910.132 (personal protective equipment); 1910.1030 (bloodborne pathogens); 1910.134 (respiratory protection); and 1910.1200 (hazard communication) including:  40-Hour HAZWOPER Training & 8-Hour Annual Refresher Courses  30-Hour OSHA Training in Construction Safety & Health  8-Hour Hazardous Materials First Responder Decontamination Training  Completion of e-RAILSAFE System Program & Background Check  Traffic Control Training Per Caltrans Chapter 8 Standards  Confined Space Entry Training  Confined Space Rescue Training  DOT HM-126F, HM-180 & HM-181  Bloodborne Pathogens Training  Medical Surveillance Program  O.M.V. & D.O.T. Drug & Driving Record Programs  CPR & First Aid Training  LiveScan (Required by Transportation Security Administration) Docusign Envelope ID: AE6C448B-6564-45D8-8F3C-CF987E2C9C54 10 | P a g e 1 4 0 0 0 E . V a l l e y B l v d . , I n d u s t r y , C A 9 1 7 4 6 | ( 6 2 6 ) 9 6 1 - 9 3 2 6 w w w . u n i t e d p u m p i n g . c o m SECTION 3: THIRD-PARTY / SUBCONTRACTORS Docusign Envelope ID: AE6C448B-6564-45D8-8F3C-CF987E2C9C54 11 | P a g e 1 4 0 0 0 E . V a l l e y B l v d . , I n d u s t r y , C A 9 1 7 4 6 | ( 6 2 6 ) 9 6 1 - 9 3 2 6 w w w . u n i t e d p u m p i n g . c o m SECTION 3: THIRD-PARTY / SUBCONTRACTORS United will perform all services required for this contract without the use of subcontractors, partners, or third-party Consultants. Docusign Envelope ID: AE6C448B-6564-45D8-8F3C-CF987E2C9C54 12 | P a g e 1 4 0 0 0 E . V a l l e y B l v d . , I n d u s t r y , C A 9 1 7 4 6 | ( 6 2 6 ) 9 6 1 - 9 3 2 6 w w w . u n i t e d p u m p i n g . c o m SECTION 4: STAFF BIOGRAPHIES Docusign Envelope ID: AE6C448B-6564-45D8-8F3C-CF987E2C9C54 13 | P a g e 1 4 0 0 0 E . V a l l e y B l v d . , I n d u s t r y , C A 9 1 7 4 6 | ( 6 2 6 ) 9 6 1 - 9 3 2 6 w w w . u n i t e d p u m p i n g . c o m SECTION 4: STAFF BIOGRAPHIES United will employ a project management system for ensuring safe, legal, and accurate results for this contract. Key personnel to be assigned to the work have been identified and their proposed responsibilities and capabilities are indicated below: John Ramos, Sales Representative / Project Manager Experience Since 1995, 19 Years With United Training & Education  Previous Class A Driver License  40-Hour HAZWOPER Certified (8-hour refresher courses yearly)  Confined Space Entry Training  DOT Certification (HM-126F, HM-180 & HM-181)  Bloodborne Pathogens Training  CPR & First Aid Training Role in the Project John Ramos, Project Manager, will have full responsibility for the contract and will coordinate with the City, and all other project team members in order to fulfill service requests. John has coordinated the services required by this RFP for various public agencies in the past and is thoroughly familiar with the scope of work to be performed. Mr. Ramos’ involvement in the management of this project will be key to its success and he will be on-call 24-hours. Experience & Work History Mr. Ramos joined United Pumping Service in 1995 as a Biller where he worked in this position for seven years. In 2002 he left United to obtain a Class A driver license and ran his own business performing transportation of intermodal containers. In 2013 Mr. Ramos returned to United where he worked as a Dispatcher scheduling daily and emergency response jobs, and assigning the appropriate equipment and personnel for the tasks at hand. Since then he quickly moved up the ranks to the position of Customer Service Representative supporting daily service requests including waste profiling and the fulfillment of daily service requests for the firm. In 2020 Mr. Ramos was promoted to Sales Representative as a result of his well-rounded environmental background and professional work ethic, and now manages various large accounts that he previously assisted with as Dispatcher and Customer Service Representative. In this capacity he performs job walks, provides quotes and plans projects, oversees contracts, and coordinates with his customers to ensure their satisfaction. He is detail oriented, and has strong oral and communication skills and the ability to work independently. Mr. Ramos is also results-oriented with the ability to coordinate multiple projects and teams simultaneously, coupled with the skill to effectively manage staff of all levels and diverse backgrounds. Docusign Envelope ID: AE6C448B-6564-45D8-8F3C-CF987E2C9C54 14 | P a g e 1 4 0 0 0 E . V a l l e y B l v d . , I n d u s t r y , C A 9 1 7 4 6 | ( 6 2 6 ) 9 6 1 - 9 3 2 6 w w w . u n i t e d p u m p i n g . c o m Marisa Bishop, Environmental Health & Safety (EHS) Manager Experience Since 2015, 10 Years With United Training & Education  OSHA 30 Hr.-General Industry  OSHA 30 Hr.- Construction  OSHA 40 Hr. Hazwoper  DOT HazMat General & Security Awareness  Cal/OSHA Compliance  UCSD OSHA 7500: Intro to Safety and Health Management  UCSD OSHA 511: Occupational Safety and Health Standards for General Industry  UCSD OSHA 510: Occupational Safety and Health Standards for Construction  UCSD OSHA Safety Inspection Techniques  UCSD OSHA 7205 Health Hazard Awareness  UCSD Workers Compensation for Safety Professionals  Fall Protection for General Industry  Personal Protective Equipment (selection and use)  American Red Cross CPR/First Aid/AED  Confined Space Entry  Substance Abuse Training/Alcohol and Drug Testing Requirements  SERTC- 40 Hr. Tank Car Specialist (TCS)  Effective Communication for Supervisors  UCSD OSHA Extended Studies: Health and Safety Specialist Certification Role in the Project Marisa Bishop, EHS Manager, will address the protocol to be followed by United’s employees to ensure a healthy and safe work environment. Experience & Work History Mrs. Bishop joined her family’s business in 2015 as Human Resources and EHS Assistant. After learning about the business and gaining interest in the environmental field she exhibited determination by obtaining the training and education necessary to eventually become United’s EHS Manager. In this position she directs a proactive safety and environmental program. Mrs. Bishop’s daily responsibilities are to improve the quality of safety and environmental management processes by following established regulations, policies, standards, and practices. Those responsibilities include:  Maintains proper and organized recordkeeping of all employees; driver qualification folders, medical documentation (DOT/annual medical surveillance testing), equipment damages, and personnel files.  Composes site-specific health and safety plans and job hazard analysis (JHA) as requested.  Audits, develops, implements, monitors and manages safety programs, policies and procedures, and guidelines to maintain compliance with all safety regulations.  Serves as the primary on-site contact with OSHA, EPA and other regulatory agencies; accompanies inspectors during visits to United; communicates results of the inspection to management and recommends changes to ensure conformance to requirements; maintains Docusign Envelope ID: AE6C448B-6564-45D8-8F3C-CF987E2C9C54 15 | P a g e 1 4 0 0 0 E . V a l l e y B l v d . , I n d u s t r y , C A 9 1 7 4 6 | ( 6 2 6 ) 9 6 1 - 9 3 2 6 w w w . u n i t e d p u m p i n g . c o m OSHA ,EPA, and CUPA recordkeeping requirements.  Helps create safety programs/ incentives that are tied to safety compliance.  Investigates and documents accidents and incidents.  Maintains quarterly DOT random drug and alcohol testing.  Conducts worksite inspections to ensure proper EHS work practices are being followed, and advises supervisors and employees regarding proper practices.  Maintains over 250 state, county, and city permits for United.  Ensures that employees are informed and comply with all company policies, rules, and regulations in the hazardous/non-hazardous waste transportation industry.  Schedules, coordinates, and maintains mandatory trainings and certifications for office and field personnel (i.e. OSHA, CPR/First Aid, BBP, Sexual Harassment, Confined Space Rescue, DOT, 40 Hr. Hazwoper, and 8 Hr. Hazwoper Refresher). Field Personnel United’s highly experienced, professional service staff are trained and medically monitored in accordance with OSHA and Cal/OSHA standards—Title 29 CFR 1910.120 (hazardous waste operations and emergency response); 1910.132 (personal protective equipment); 1910.1030 (bloodborne pathogens); 1910.134 (respiratory protection) and 1910.1200 (hazard communication) including:  40-Hour HAZWOPER Training & 8-Hour Annual Refresher Courses  30-Hour OSHA Training in Construction Safety & Health  8-Hour Hazardous Materials First Responder Decontamination Training  Completion of e-RAILSAFE System Program & Background Check  Traffic Control Training Per Caltrans Chapter 8 Standards  Confined Space Entry Training  Confined Space Rescue Training  DOT Certification (HM-126F, HM-180 & HM-181)  Bloodborne Pathogens Training  Medical Surveillance Program  O.M.V. & D.O.T. Drug & Driving Record Programs  CPR & First Aid Training  LiveScan (Required by Transportation Security Administration) Docusign Envelope ID: AE6C448B-6564-45D8-8F3C-CF987E2C9C54 16 | P a g e 1 4 0 0 0 E . V a l l e y B l v d . , I n d u s t r y , C A 9 1 7 4 6 | ( 6 2 6 ) 9 6 1 - 9 3 2 6 w w w . u n i t e d p u m p i n g . c o m SECTION 5: PROPOSAL RESPONSE Docusign Envelope ID: AE6C448B-6564-45D8-8F3C-CF987E2C9C54 17 | P a g e 1 4 0 0 0 E . V a l l e y B l v d . , I n d u s t r y , C A 9 1 7 4 6 | ( 6 2 6 ) 9 6 1 - 9 3 2 6 w w w . u n i t e d p u m p i n g . c o m SECTION 5: PROPOSAL RESPONSE 1. Key Technical Skills Offered United Pumping Service is a fully qualified environmental remediation, transportation, and emergency spill response contractor with experience since 1970. The company is a Minority Business Enterprise (MBE) capable of performing a full spectrum of non-hazardous and hazardous waste handling services. a) Hazardous Waste Handling United provides trained and experienced Field Staff to perform hazardous waste management services at customer facilities on routine or emergency response basis. These services include:  Hazardous waste collection, segregation and consolidation  Waste labeling and inventory preparation  Waste compaction and consolidation b) Waste Transportation & Disposal United transports all forms of non-hazardous and hazardous waste excluding radioactive, explosives, and some compressed gases. The United organization provides a full line of transportation services utilizing a company owned and operated fleet of equipment. United Pumping Service transports hazardous waste throughout the continental United States. As the 63rd transporter to be licensed as a hazardous waste hauler in California, United Pumping Service has the experience and where with all to get the job done regardless of the type of waste or mode of transportation. Since 1970 United has successfully completed hazardous waste shipments without a release. Due to United's large volume as a hazardous waste agent its clients typically benefit from reduced disposal fees and no profiling fees. United Pumping Service maintains open accounts and active working relationships with numerous disposal facilities and offer their clients vast disposal options as a result. c) Waste Identification & Profiling United's Field Staff has been trained in the HAZ CAT method of identifying unknown materials. They identify unknown substances based upon the results of a series of bench tests. This information is vital in determining how wastes are to be packaged, shipped and disposed of, as well as what safety precautions are required for field personnel. Additional laboratory analysis is often obtained and submitted to disposal facilities along with waste profile forms. Customer waste profiles are tracked internally and are rushed through disposal facility waste acceptance procedures as needed. 2. Work Plan-- Protocol to be Followed for Handling & Packaging Waste a) Lab Packing Guidelines United’s generalized lab packing methodology would begin with careful visual inspection and inventory or the review of provided inventory of chemicals to be removed. Trained chemists, Docusign Envelope ID: AE6C448B-6564-45D8-8F3C-CF987E2C9C54 18 | P a g e 1 4 0 0 0 E . V a l l e y B l v d . , I n d u s t r y , C A 9 1 7 4 6 | ( 6 2 6 ) 9 6 1 - 9 3 2 6 w w w . u n i t e d p u m p i n g . c o m certified hazardous material managers (CHMMs), certified environmental compliance managers (CECMs), hazardous material technicians/specialists and/or DOT compliance personnel would ensure that all waste is properly identified, and unknown potentially “prohibited and/or restricted” wastes are properly identified using a “Hazard Categorization” system. Chemical containers and their contents would be evaluated and all unsuitable containers (i.e. leaking containers) re-packaged to ensure safety and compliance. Each potentially “prohibited and/or restricted” chemical would be segregated into compatible groups or hazardous classes, inventoried and transferred into over-pack containers. Each over-pack would be sealed and properly labeled. United would prepare all documentation necessary for transportation and proper disposal. Use of United’s computerized TDX manifesting system aids in the accuracy of preparing profiles, packing lists, land bans, and manifests that are in accordance with all rules and regulations. The above mentioned process would be completed by obtaining approvals/authorizations from qualified disposal facilities and scheduling transportation. United Pumping Service commits that each waste stream, including “prohibited and/or restricted,” will be managed efficiently, effectively and in accordance with all federal and state regulations to reduce liability. b) Paperwork All waste material within each container will be inventoried to reflect the actual contents of that container. Each drum inventory list must contain the following information:  A unique drum identification number  Inventory sheet that contains the following information:  Generator Name, Address, EPA Number  Drum Number, Type and Size  Complete DOT Shipping Description  A line entry for each item that is present in the drum Submit a copy of each inventory sheet and a completed “LP” profile along with any SDS’s and Haz Cats for approval prior to shipment. Once the inventories are approved you will be faxed an approval sheet for your records. c) Shipping Containers • MUST be UN approved for their contents  May be up to 55-gallon capacity  Must contain an absorbent material that is compatible with the waste and of sufficient amount to absorb all liquids contained therein.  Must have all US DOT and US EPA labels properly filled out  Lab packs MUST have a packing slip/inventory sheet attached to each drum  It is a non-leaking container  It has a known composition Docusign Envelope ID: AE6C448B-6564-45D8-8F3C-CF987E2C9C54 19 | P a g e 1 4 0 0 0 E . V a l l e y B l v d . , I n d u s t r y , C A 9 1 7 4 6 | ( 6 2 6 ) 9 6 1 - 9 3 2 6 w w w . u n i t e d p u m p i n g . c o m  The following information must be present on the top, side or on a packing list affixed to the drum: Generator Name, Generator address, Proper US DOT Description, Drum Number, Profile Number, Manifest Number The drum numbers indicated on the manifest must match the drum numbers on the inventory list. For additional packing requirements or regulations United will consult 49 CFR 173. The maximum allowable volume of liquid per waste container size and type must be restricted to meet safety requirements for handling, transportation and disposal. d) Inner Containers  NOT TO EXCEED FIVE GALLONS (20L) RATED CAPACITY  Must be compatible with contents  Must bear a label or some clear symbol so that it may be easily traced to a line on the lab pack inventory list.  Label and lab pack inventory sheet must include chemical name or composition of the contents (as accurately as known). e) Small Vials  Are containers less than 4 ounces, 100ml, 100g  Must be in sealed bags or other inner containers f) Segregation  All materials must be packaged in accordance with US DOT and US EPA regulations.  Only Mutually compatible materials may be lab packed together.  Only materials of the same hazard class and with the same labeling requirements may be packed together.  Only non-regulated materials and those NOT on 40CFR 268, Appendix IV may be packed together. g) Labeling All materials must be labeled in accordance with US DOT, US EPA and HM181 regulations. For additional labeling requirements, United will consult 49 CFR 172, 178, 179 and 40 CFR 262. h) Unacceptable Waste Streams  DOT Forbidden & Explosives, Shock Sensitive Materials, Radioactive Materials i) Case by Case Basis  Pyrophoric Materials  Compressed Gases  Unknown Materials  Organic Peroxides Docusign Envelope ID: AE6C448B-6564-45D8-8F3C-CF987E2C9C54 20 | P a g e 1 4 0 0 0 E . V a l l e y B l v d . , I n d u s t r y , C A 9 1 7 4 6 | ( 6 2 6 ) 9 6 1 - 9 3 2 6 w w w . u n i t e d p u m p i n g . c o m 3. Hazardous Waste Management Standard Operating Procedures a) Site Safety & Contingency Procedures Prior to commencing work, United Pumping Service will do the following:  Tailgate meeting  Access Situation  Locate availability of eyewash stations  Safety plan will have closest hospital, police, and other emergency numbers needed in case UPS needs to notify in emergency  First aid will be on site located in UPS trucks b) Operational Procedures & Site Management Structure & Staff Deployment  The City will have numbers to call Dispatch and Project Manager.  Project manager will go to site and access situation.  Project manager will contact United Dispatch to deploy needed equipment and manpower.  Since United is Emergency Responder for Cal Trans all operational procedures are in place for immediate response. United is on 24-hour standby, 7 days per week. c) Supplies & Equipment Practices United has equipment pre-loaded and ready to go with needed supplies and personnel for 24-hour, 7 day/week response. d) Material Handling & Laboratory Analysis Procedures  United can take sample, chill on ice, and transport to state certified laboratory for analysis.  Sample pH test can be performed on site for metals.  Chain of custody will be attached to sample and analysis will be sent to State of California Department of Water Resources, Southern Field Division.  United will make sure proper authority at State of California Department of Water Resources, Southern Field Division signs all forms. e) Hazard Assessment & Categorization Procedures United will have Hazcat kit to determine toxicity of sample. This will aid United in assessing how to ship hazardous waste and manifest through Hazcat characterization. f) Packaging Procedures  Lab packing- segregate chemicals on site. Determine characterization of each and segregate. (Organics and organics, etc.)  Pack with vermiculite for safe transporting.  Inventory all chemicals per drum for correct profiling of waste.  Manifest and label each drum.  Load and transport.  Have manifest signed by proper City representative and a copy will be left on site. Docusign Envelope ID: AE6C448B-6564-45D8-8F3C-CF987E2C9C54 21 | P a g e 1 4 0 0 0 E . V a l l e y B l v d . , I n d u s t r y , C A 9 1 7 4 6 | ( 6 2 6 ) 9 6 1 - 9 3 2 6 w w w . u n i t e d p u m p i n g . c o m g) Manifest, LDR & Label Preparation Procedures After waste is packed, UPS will proceed to manifest with proper shipping name and description. Label accordingly by profile and LDR. h) Quality Assurance & Quality Control Procedures To ensure that materials are properly identified, categorized, and packaged, and paperwork is properly completed United will check and recheck our work to be sure we are categorizing properly. United’s EHS Manager will assure strict compliance with safety protocol. Docusign Envelope ID: AE6C448B-6564-45D8-8F3C-CF987E2C9C54 City of Rancho Cucamonga Request for Proposal ("RFP") #24/25-015 for Hazardous Waste Removal and Disposal Services (RFP #24/25-015), bidding on 02/06/2025 9:00 AM (PST) Page 1 of 3 Printed 02/06/2025 PlanetBids Docusign Envelope ID: AE6C448B-6564-45D8-8F3C-CF987E2C9C54 City of Rancho Cucamonga Request for Proposal ("RFP") #24/25-015 for Hazardous Waste Removal and Disposal Services (RFP #24/25-015), bidding on 02/06/2025 9:00 AM (PST) Page 2 of 3 Printed 02/06/2025 PlanetBids Docusign Envelope ID: AE6C448B-6564-45D8-8F3C-CF987E2C9C54 City of Rancho Cucamonga Request for Proposal ("RFP") #24/25-015 for Hazardous Waste Removal and Disposal Services (RFP #24/25-015), bidding on 02/06/2025 9:00 AM (PST) Page 3 of 3 Printed 02/06/2025 PlanetBids Docusign Envelope ID: AE6C448B-6564-45D8-8F3C-CF987E2C9C54 Electronic Record and Signature Disclosure Certificate Of Completion Envelope Id: AE6C448B-6564-45D8-8F3C-CF987E2C9C54 Status: Completed Subject: Complete with Docusign: CO 2025-034 PSA_In House Generated Hazardous Waste Disposal_Final.pdf Source Envelope: Document Pages: 42 Signatures: 3 Envelope Originator: Certificate Pages: 5 Initials: 18 Marissa Ostos AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Marissa.Ostos@cityofrc.us IP Address: 199.201.174.250 Record Tracking Status: Original 4/9/2025 9:52:09 AM Holder: Marissa Ostos Marissa.Ostos@cityofrc.us Location: DocuSign Signer Events Signature Timestamp Lydia Perry lydia@unitedpumping.com Secretary/Treasurer United Pumping Service, Inc. Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 47.176.207.162 Sent: 4/9/2025 10:05:32 AM Resent: 4/10/2025 11:11:05 AM Resent: 4/10/2025 11:13:04 AM Viewed: 4/10/2025 11:37:38 AM Signed: 4/10/2025 11:38:22 AM Electronic Record and Signature Disclosure: Accepted: 4/10/2025 10:48:13 AM ID: 83dc868f-accf-4dac-a049-973f50f823a3 Neil Plummer neil.plummer@cityofrc.us Director of Public Works City of Rancho Cucamonga Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.201.174.250 Sent: 4/10/2025 11:38:24 AM Viewed: 4/10/2025 11:39:12 AM Signed: 4/10/2025 11:39:29 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Mike McCliman mike.mccliman@cityofrc.us Fire Chief Rancho Cucamonga Fire Protection District Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 172.226.2.78 Signed using mobile Sent: 4/10/2025 11:39:31 AM Viewed: 4/10/2025 2:19:00 PM Signed: 4/10/2025 2:19:20 PM Electronic Record and Signature Disclosure: Not Offered via Docusign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Certified Delivery Events Status Timestamp City Clerk clerkcontracts@cityofrc.us City Clerk City of Rancho Cucamonga Security Level: Email, Account Authentication (None) Using IP Address: 199.201.174.250 Sent: 4/10/2025 2:19:23 PM Viewed: 4/14/2025 7:58:28 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Carbon Copy Events Status Timestamp Marissa Ostos marissa.ostos@cityofrc.us Management Analyst II City of Rancho Cucamonga Security Level: Email, Account Authentication (None) Sent: 4/10/2025 2:19:23 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 4/9/2025 10:05:32 AM Envelope Updated Security Checked 4/10/2025 11:10:56 AM Envelope Updated Security Checked 4/10/2025 11:10:56 AM Envelope Updated Security Checked 4/10/2025 11:10:56 AM Envelope Updated Security Checked 4/10/2025 11:10:56 AM Certified Delivered Security Checked 4/14/2025 7:58:28 AM Signing Complete Security Checked 4/10/2025 2:19:20 PM Completed Security Checked 4/14/2025 7:58:28 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Rancho Cucamonga City Clerk's Office (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 2/22/2022 12:08:29 PM Parties agreed to: Lydia Perry, Lydia Perry Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact City of Rancho Cucamonga City Clerk's Office: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: jasmin.oriel@cityofrc.us To advise City of Rancho Cucamonga City Clerk's Office of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at jasmin.oriel@cityofrc.us and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from City of Rancho Cucamonga City Clerk's Office To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to jasmin.oriel@cityofrc.us and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Rancho Cucamonga City Clerk's Office To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to jasmin.oriel@cityofrc.us and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:  You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and  Until or unless you notify City of Rancho Cucamonga City Clerk's Office as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Rancho Cucamonga City Clerk's Office during the course of your relationship with City of Rancho Cucamonga City Clerk's Office.