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Krista Bernasconi, Mayor
Karen Alvord, Vice Mayor
Bruce Houdesheldt, Councilmember
Tracy Mendonsa, Councilmember
Pauline Roccucci, Councilmember
Dominick Casey, City Manager
Michelle Sheidenberger, City Attorney
Carmen Avalos, City Clerk
AGENDA
City Council Regular Meeting
August 5, 2026
6:00 PM
City Council Chambers, 311 Vernon Street
I. CALL TO ORDER
II. ROLL CALL
III. PLEDGE OF ALLEGIANCE
IV. MEETING PROCEDURES
V. PUBLIC COMMENTS
This is an opportunity to make a public comment on non-agenda items.
VI. CONSENT CALENDAR
1. Replacement Learning Management System Vendor – Letter Agreement (ELECTRIC
DEPARTMENT - RESOURCE PLANNING & GENERATION)
Summary: Staff recommends approval of a Letter Agreement with Alliance Cooperative Energy Services Power Marketing LLC (ACES) to maintain Roseville's access to ACES' new Learning Management System (LMS). ACES has transitioned its LMS platform from Geo Learning to Docebo and requires participating entities to execute a Letter Agreement acknowledging their intent to be bound by the existing Master Service Agreement. There is no cost associated with this Letter Agreement, as access to the Docebo LMS platform is included in the existing Master Service Agreement with ACES.
CONTACT: Petra Wallace, Addison Schueller 916-774-5510, 916-774-1135 [email protected], [email protected]
The City Council will consider the recommendation to:
a. Adopt Resolution No. 26-304 approving a letter agreement, by and between the City of Roseville and Alliance for Cooperative Energy Services Power Market LLC, and authorizing the City Manager to execute it on behalf of the City of Roseville.
2. Waste Disposal Services - Contract Purchase Agreement (ELECTRIC DEPARTMENT - RESOURCE
PLANNING & GENERATION)
Summary: Staff recommends approval of a contract purchase agreement with Advanced Chemical Transport LLC, dba ACTenviro for hazardous and non-hazardous waste disposal services. The cost of the five-year agreement is $700,000 per year, for a total not to exceed $3,500,000 over the five-year term. Adequate funding is included in the FY2026-27 Electric Fund budget. Funding for subsequent years will be included in the Electric Department's annual budgets, subject to City Council approval.
CONTACT: Nathan Ribordy 916-746-1673 [email protected] The City Council will consider the recommendation to:
a. Adopt Resolution No. 26-305 approving a contract purchase agreement, by and between the City of Roseville and Advanced Chemical Transport LLC dba ACTenviro,and authorizing the City Manager to execute it on behalf of the City of Roseville.
3. California Greenhouse Gas Cap-and-Trade Program – 2027 Allowance Allocation (ELECTRIC
DEPARTMENT - RESOURCE PLANNING & GENERATION)
Summary: Staff recommends approval to allocate 100% of the City’s 2027 Greenhouse Gas (GHG) allowances to the Compliance account for future compliance obligations, with no allowances allocated to the Auction account. The allowances, valued at approximately $7.9 million, will be used to offset future GHG compliance obligations.
CONTACT: Pooja Sharma 916-746-1658 [email protected] The City Council will consider the recommendation to:
a. Adopt Resolution No. 26-306 approving 100% of the allocation of City’s 2027 Greenhouse Gas Cap-and-Trade Program allowances.
4. Electric Department Physical Security Plan Review (ELECTRIC DEPARTMENT - DISTRIBUTION &
OPERATIONS)
Summary: California Senate Bill (SB) 699 requires the state’s electric utilities to develop and submit robust physical security plans to safeguard their electrical distribution systems from intentional threats. Roseville Electric has completed its required five-year program review and update of the Roseville Electric Utility Security Plan, pursuant to SB 699 and California Public Utilities Commission (CPUC) Decision 19-01-018. This plan outlines how the utility identifies, evaluates, and mitigates potential physical security risks to critical electric distribution facilities.
This regular and periodic review supports statewide efforts to strengthen the security and resilience of utility infrastructure. Staff is recommending City Council acknowledgment that the required five-year program review has been completed in accordance with CPUC Decision 19-01- 018 and authorization for the Electric Director or designee to transmit a Notice of Program Review and Plan Update to the CPUC within thirty (30) days of City Council approval. This action has no fiscal impact.
CONTACT: Tom Pontes 916-774-5550 [email protected] The City Council will consider the recommendation to:
a. Adopt Resolution No. 26-308 acknowledging and approving the five-year program review and update of the Roseville Electronic Physical Security Plan and authorizing the transmittal of a Notice of Program Review and Plan Update to the California Public Utilities Commission.
5. Roseville Municipal Code Addition - Administrative Remedies Procedure for Challenges to Fees, Charges, and Assessments (ENVIRONMENTAL UTILITIES DEPARTMENT) Summary: Staff recommends that the City Council introduce for first reading an ordinance adding Chapter 14.05 of Title 14 of the Roseville Municipal Code regarding administrative remedies procedures for challenges to property-related fees, charges, and assessments.
CONTACT: Archana Wagley, My Tien Doan 916-746-1704, 916-774-5472 [email protected], [email protected]
The City Council will consider the recommendation to:
a. Introduce for first reading an ordinance of the Council of the City of Roseville adding Chapter
14.05 of Title 14 of the Roseville Municipal Code regarding administrative remedies procedure for challenges to fees, charges, and assessments.
6. Debt, Lease, and Subscription-Based Information Technology Arrangement Management Solutions - Sole Source Contract Purchase Agreement (FINANCE DEPARTMENT) Summary: Staff recommends approval of a sole source contract purchase agreement with Fifth Asset Inc. dba DebtBook in the amount of $81,000 covering a three-year term to provide debt, lease, and subscription-based information technology arrangement management software. The recommended agreement is a sole source because the system has been fully implemented and configured to meet the City’s operational and reporting needs, and no other vendor has been identified that provides a comparable, integrated platform designed for the public sector with the functionality required to support the City’s debt, lease, and subscription accounting and reporting needs. Funding is included in the Finance Department's budget in the General Fund.
CONTACT: Teri Quinlan 916-774-5316 [email protected] The City Council will consider the recommendation to:
a. Adopt Resolution No. 26-303 approving a sole source contract purchase agreement, by and between the City of Roseville and Fifth Asset Inc. dba Debtbook, and authorizing the City Manager to execute it on behalf of the City of Roseville.
7. Indirect Cost Study - Professional Services Agreement (FINANCE DEPARTMENT) Summary: Staff recommends approval of a Professional Services Agreement with MGT Impact Solutions, LLC to develop the City's Cost Allocation Plan and Indirect Cost Rate Proposals. Staff also recommends that City Council authorize up to two (2) optional one-year renewals without
further City Council approval, provided that adequate funding is approved through the annual budget process and staff determines that continuing with the same consultant is in the City's best interest. Adequate funds are available in the Finance Department's FY2026-27 operating budget in the General Fund for the first year of this agreement. Funding for any renewal terms will be evaluated as part of the annual budget development process.
CONTACT: Jeannine Thrash 916-774-5473 [email protected] The City Council will consider the recommendation to:
a. Adopt Resolution No. 26-291 approving a professional services agreement, by and between the City of Roseville and MGT Impact Solutions, LLC, and authorizing the City Manager to execute it on behalf of the City of Roseville.
8. Woodcreek Clubhouse Exhaust Hood and Walk-In Cooler Replacement (RFQ 10-3448) – Reject All Bids (FINANCE DEPARTMENT - PURCHASING)
Summary: Staff recommends approval of the request to reject all bids received for Request for Quotations (RFQ) 10-3448 for the materials and labor to replace the existing food service exhaust hood, Ansul system, walk-in cooler and freezer, and make exterior ADA upgrades at the Woodcreek Clubhouse located at 5880 Woodcreek Oaks Blvd. During staff review, it was determined that the bid received was in excess of the approved project budget. Staff plans to revise the bid specifications and reissue a new RFQ. There is no fiscal impact at this time since there will be no award.
CONTACT: Tiffany Valdez 916-746-1109 [email protected] The City Council will consider the recommendation to:
a. Adopt Resolution No. 26-290 rejecting all bids for RFQ 10-3448 for the Woodcreek Clubhouse exhaust hood and walk-in cooler replacement.
9. Roseville Advantage Financing Program - Banking Services Agreements (FINANCE
DEPARTMENT)
Summary: Staff recommends approval of banking services agreements with the following three local banks to continue the Roseville Advantage Financing Program: First Northern Bank, River City Bank, and River Valley Community Bank. The recommended banking services agreements will result in a one-time investment of up to $15 million of the City’s short-term investment funds being deposited into locally headquartered banks to leverage local lending capacity, with no loss of City investment income. The initial agreements will run through June 30, 2029, and the City has the right to renew the agreements for three (3) additional one-year terms at its sole discretion. Continuation of the Program has no impact on the General Fund.
CONTACT: Jeannine Thrash 916-774-5473 [email protected] The City Council will consider the recommendation to:
a. Adopt Resolution No. 26-292 approving a banking services agreement, by and between the
City of Roseville and First Northern Bank of Dixon, and authorizing the City Manager to execute it on behalf of the City of Roseville; and
b. Adopt Resolution No. 26-293 approving a banking services agreement, by and between the City of Roseville and River City Bank, and authorizing the City Manager to execute it on behalf of the City of Roseville; and
c. Adopt Resolution No. 26-294 approving a banking services agreement, by and between the City of Roseville and River Valley Community Bank, and authorizing the City Manager to execute it on behalf of the City of Roseville.
10. Resolution of Intention to Form Villages West Community Facilities District No. 1 (Public Facilities) (FINANCE DEPARTMENT)
Summary: Staff recommends Council approve two resolutions, one to form a Community Facilities District, designate an improvement area therein, establish a future annexation area, provide for additional future improvement areas therein, and authorize the levy of a special tax therein to finance public facilities and public services in and for such Community Facilities District and a resolution of Intention to incur bonded indebtedness to finance the acquisition and construction of certain facilities in and for the City of Roseville Villages West Community Facilities District No. 1 (Public Facilities) and improvement areas therein. Staff also recommends Council set a meeting date of August 19, 2026, at 6 p.m., in the Roseville Civic Center, Council Chambers at 311 Vernon Street, Roseville, California, as the time and place to conduct a public hearing.
CONTACT: Jeannine Thrash 916-774-5473 [email protected] The City Council will consider the recommendation to:
a. Adopt Resolution No. 26-286, a Resolution of Intention of the City Council of the City of Roseville to form a Community Facilities District, designate an improvement area therein, establish a future annexation area, provide for additional future improvement areas therein, and authorize the levy of a special tax therein to finance public facilities and public services in and for such Community Facilities District; and
b. Adopt Resolution No. 26-287, a Resolution of the City Council of the City of Roseville of Intention to incur bonded indebtedness to finance the acquisition and construction of certain facilities in and for the City of Roseville Villages West Community Facilities District No. 1 (Public Facilities) and improvement areas therein.
11. Public Safety Software Cloud Solution - Sole Source Agreement (INFORMATION TECHNOLOGY
DEPARTMENT - CLIENT SERVICES)
Summary: Staff recommends approval of a sole source Software as a Service (SaaS) agreement with Tyler Technologies, Inc., transitioning the City’s existing Tyler systems into a secure, cloud-hosted environment and updates the terms related to service delivery, support, and maintenance. Tyler Technologies is the only provider capable of delivering, migrating, and
hosting the City’s current suite of Tyler public safety applications; computer-aided dispatch, records management, reporting, mobile systems, and numerous integrated interfaces within a unified, Criminal Justice Information Services compliant environment. The initial term runs from August 1, 2026, through July 31, 2029. The total cost for the three-year initial term, including one-time implementation fees and recurring SaaS subscription charges, is $1,622,794.19.
CONTACT: Melissa Patrick 916-774-5127 [email protected] The City Council will consider the recommendation to:
a. Adopt Resolution No. 26-307 approving the Software as a Service agreement, by and between the City of Roseville and Tyler Technologies, Inc., and authorizing the City Manager to execute it on behalf of the City of Roseville.
12. Employee Recognition, Rewards, and Survey Management Software - Contract Purchase Agreement Amendment (INFORMATION TECHNOLOGY DEPARTMENT - CLIENT SERVICES) Summary: Staff recommends approval of an amendment to a contract purchase agreement (CPA) with WorkTango, Inc., providing employee recognition, rewards, and survey management subscription services, and authorizing the City Manager to execute it on behalf of the City of Roseville. This amendment increases the CPA amount from $74,997 to $81,879.30 and is included in the Information Technology Operating Budget.
CONTACT: Melissa Patrick 916-774-5127 [email protected] The City Council will consider the recommendation to:
a. Adopt Resolution No. 26-295 approving a contract purchase agreement amendment, by and between the City of Roseville and WorkTango, Inc., and authorizing the City Manager to execute it on behalf of the City of Roseville.
13. Architectural Services - On-Call Professional Design Services Agreement (PARKS, RECREATION,
AND LIBRARIES DEPARTMENT - PARK DEVELOPMENT)
Summary: Staff recommends approval of an on-call professional design services agreement with WMB Architects, Inc. with a not-to-exceed amount of $200,000 per year. Work performed under the agreement will be funded, as applicable, by developer fees, capital rehabilitation funds, and/or capital improvement project funds. Staff additionally requests authority for the City Manager or designee to execute up to two (2) additional one (1) year renewals without further City Council approval, provided that the applicable budget is approved by the City Council, or until staff determines that continuing with this consultant is not in the best interest of the City.
CONTACT: Tara Gee 916-774-5253 [email protected]
The City Council will consider the recommendation to:
a. Adopt Resolution No. 26-296 approving an on-call professional design services agreement, by and between the City of Roseville and WMB Architects, Inc., and authorizing the City Manager to execute it on behalf of the City of Roseville.
14. Civil Engineering Services - On-Call Professional Design Services Agreements (PARKS,
RECREATION, AND LIBRARIES DEPARTMENT - PARK DEVELOPMENT) Summary: Staff recommends approval of on-call professional design services agreements with Sandis Civil Engineers Surveyors Planners and CWE with a not-to-exceed amount of $200,000 per year, per agreement. Work performed under these agreements will be paid using developer fees, capital rehabilitation funds and/or capital improvement project funds. Staff additionally requests authority for the City Manager or the City Manager's designee to execute up to three (3) additional one (1) year renewals per agreement without further City Council approval, provided that the applicable budget is approved by the City Council, or until staff determines that continuing with these consultants is not in the best interest of the City.
CONTACT: Tara Gee 916-774-5253 [email protected]
The City Council will consider the recommendation to:
a. Adopt Resolution No. 26-297 approving an on-call professional design services agreement, by and between the City of Roseville and Sandis Civil Engineers Surveyors Planners, and authorizing the City Manager to execute it on behalf of the City of Roseville; and
b. Adopt Resolution No. 26-298 approving an on-call professional design services agreement, by and between the City of Roseville and CWE, and authorizing the City Manager to execute it on behalf of the City of Roseville.
15. Skylight Replacement - Contract Purchase Agreement Amendment (PUBLIC WORKS
DEPARTMENT - FACILITIES)
Summary: Staff recommends approval of a contract purchase agreement amendment with MCM Roofing Company Inc. to extend the contract end date from July 1, 2026, to December 31, 2026, to provide skylight replacement services for Corporation Yard Buildings A, B, C, and D, and the Roseville Electric Service Center.
CONTACT: Mathew Hoffer 916-746-1156 [email protected] The City Council will consider the recommendation to:
a. Adopt Resolution No. 26-289 approving a contract purchase agreement amendment, by and between the City of Roseville and MCM Roofing Company Inc., and authorizing the City Manager to execute it on behalf of the City of Roseville.
16. Staffing and Salary Schedule Updates (HUMAN RESOURCES DEPARTMENT) Summary: Staff recommends that the City Council approve the Management A & B salary schedules reflecting the addition of the new Public Affairs and Communications Director classification and the retitle of Department Public Information Officer to Public Information Officer. The City allocation schedule updates reflect the addition of two (2) regular, full-time positions (Public Affairs and Communications Director and Principal Planner), the retitle of six (6) regular, full-time Department Public Information Officer positions to Public Information Officer,
and the deletion of one (1) regular, full-time Crime Scene Investigator I/II position. The fiscal impact to the General Fund for the remainder of Fiscal Year 2026-27 (FY2026-27) is $10,544, which can be absorbed within existing appropriations; therefore, no budget adjustment is required. The ongoing annual General Fund impact is $714.
CONTACT: Macy Dippert 916-774-5215 [email protected] The City Council will consider the recommendation to:
a. Adopt Ordinance No. 7094 amending Ordinance No. 7063, the Salary Ordinance for Management Employees, as amended by Appendix “Q” to be effective August 8, 2026, as an urgency measure; and
b. Motion to approve the attached Citywide allocation schedule effective August 8, 2026.
17. Baseline Marketplace Baseline Road Segment 1, 2, and 3 - Notice of Completion (DEVELOPMENT SERVICES DEPARTMENT - ENGINEERING DIVISION) Summary: Staff recommends approval of the Notice of Completion for the Baseline Marketplace Baseline Road Segments 1, 2, and 3. The Engineering Division has made a final inspection of the project and has found the roadway infrastructure work complete in accordance with the improvement plans and City specifications. This action has no impact to the City's General Fund.
Construction costs were paid by the developer.
CONTACT: Andrew Druck 916-774-5577 [email protected] The City Council will consider the recommendation to:
a. Adopt Resolution No. 26-284 accepting the public work known as Baseline Marketplace Baseline Road Segment 1, 2, and 3 project, approving the "Notice of Completion", and authorizing and directing the City Engineer to execute said notice on behalf of the City of Roseville, therefore, and accepting a portion of the dedications offered on the recorded map of the subdivision.
18. Baseline Marketplace Fiddyment Segment 2B - Notice of Completion. (DEVELOPMENT
SERVICES DEPARTMENT - ENGINEERING DIVISION)
Summary: Staff recommends approval of the Notice of Completion for the Baseline Marketplace Fiddyment Segment 2B. The Engineering Division has made a final inspection of the project and has found the roadway infrastructure work complete in accordance with the improvement plans and City specifications. This action has no impact to the City's General Fund. Construction costs were paid by the developer.
CONTACT: Andrew Druck 916-774-5577 [email protected] The City Council will consider the recommendation to:
a. Adopt Resolution No. 26-285 accepting the public work known as Baseline Marketplace Fiddyment Road Segment 2B project, approving the "Notice of Completion", and authorizing and
directing the City Engineer to execute said notice on behalf of the City of Roseville, therefore, and accepting a portion of the dedications offered on the recorded map of the subdivision.
19. 808 Main Street - Parcel Map and Subdivision Agreement (DEVELOPMENT SERVICES
DEPARTMENT - ENGINEERING DIVISION)
Summary: Staff recommends approval of the 808 Main Street parcel map and approval of a Subdivision Agreement with Homeland Enterprises, LLC. The Engineering Division has completed its review of the parcel map and found that it complies with the approved ministerial lot split.
This map will create 3 residential lots. The actions requested have no fiscal impact on the City's General Fund.
CONTACT: Robert Medina 916-774-5517 [email protected] The City Council will consider the recommendation to:
a. Approve the parcel map on file with the City Clerk and accept, on behalf of the public, the public utility easements offered thereon; and
b. Adopt Resolution No. 26-299 approving a subdivision agreement, by and between the City of Roseville and Homeland Enterprises, LLC, and authorizing the City Manager to execute it on behalf of the City of Roseville.
20. CliftonStrengths and Gallup Global Strengths Coaching Program - Sole Source Contract Purchase Agreement (CITY MANAGER DEPARTMENT - CITY MANAGER) Summary: Staff recommends approval of a sole-source contract purchase agreement with Gallup, Inc. in the amount of $100,000 for a 4.5-day, onsite CliftonStrengths and Gallup Global Strengths Coach training course for thirty employees, to be conducted October 12-16, 2026.
Gallup, Inc. is the sole organization authorized to teach, certify, and license the CliftonStrengths Global Strengths Coach curriculum. Funding for these services is included in the City Manager's Department budget in the General Fund.
CONTACT: Kate Rebello 916-774-5945 [email protected] The City Council will consider the recommendation to:
a. Adopt Resolution No. 26-300 approving a contract purchase agreement, by and between the City of Roseville and Gallup, Inc., and authorizing the City Manager to execute it on behalf of the City of Roseville.
21. Independent Audit and Comparative Analysis of Animal Control Services - Professional Services Agreement (POLICE DEPARTMENT)
Summary: Staff recommends approval of a professional service agreement with MGT Impact Solution, LLC, and authorizing the City Manager to execute it. The purpose of this work is to provide the City with objective and defensible data regarding the cost and scope of services currently provided under contract with the Placer County Society for the Prevention of Cruelty to Animals, including cost per animal and service level comparisons with similar agencies. The
total cost to complete the Independent Audit and Comparative Analysis of Animal Control Services is $108,898. Funding will come from the Police Department's FY2026-27 budget, in the General Fund.
CONTACT: Mark Peinado 916-774-5021 [email protected] The City Council will consider the recommendation to:
a. Adopt Resolution No. 26-301 approving a professional services agreement, by and between the City of Roseville and MGT Impact Solutions, LLC, and authorizing the City Manager to execute it on behalf of the City of Roseville.
22. 2026 Citywide Records Retention Schedule Update (CITY ATTORNEY DEPARTMENT) Summary: Staff recommends approval of the updated 2026 Citywide Records Retention Schedule. There is no fiscal impact to the General Fund.
CONTACT: Kelly Aye 916-774-5377 [email protected]
The City Council will consider the recommendation to:
a. Adopt Resolution No. 26-288 adopting the 2026 Citywide Records Retention Schedule.
23. Legal Services Agreement (CITY ATTORNEY DEPARTMENT) Summary: Staff recommends approval of an agreement with Remy Moose Manley LLP, to provide legal services on an as-needed basis. Expenses will be paid by the City Attorney's operating budget in the General Fund, or by other departments and funds as appropriate.
CONTACT: Kelly Aye 916-774-5377 [email protected]
The City Council will consider the recommendation to:
a. Adopt Resolution No. 26-302 approving an agreement for legal services, by and between the City of Roseville and Remy Moose Manley LLP, and authorizing the City Manager to execute it on behalf of the City of Roseville.
24. Minutes of Prior Meetings (CITY CLERK DEPARTMENT)
Summary: Staff recommends approval of the minutes of the July 15, 2026 City Council Meeting.
CONTACT: Arleta Wagenhals 916-774-5200 [email protected] The City Council will consider the recommendation to:
a. Approve minutes of the July 15, 2026 City Council Meeting.
END OF CONSENT CALENDAR
VII. PUBLIC HEARINGS
NOTICE TO THE PUBLIC: Public Hearing Process
City Council, when considering the matter, will take the following actions:
1. Open the Public Hearing
2. Presentation by staff
3. Presentation by applicant or appellant
4. Accept public testimony
5. Appellant or applicant rebuttal period
6. Close the Public Hearing
7. City Council comments and questions
8. City Council action
Any challenges in court about public hearing matters noticed on this agenda may be limited to only those issues, that were raised orally at the public hearing or in written form received by the City on or before the hearing.
Public Hearings listed for continuance will be continued and posting of this agenda will serve as notice of continuation.
25. Water and Local Wastewater Connection Fees, Solid Waste Impact Fee, and Non-Exclusive Franchise Hauler Permit Fee Adjustments - Public Hearing and Roseville Municipal Code Update (ENVIRONMENTAL UTILITIES DEPARTMENT)
Summary: Staff recommends that the City Council adopt a nexus study and introduce for first reading an ordinance amending sections pertaining to the Water Connection Fee (§14.08.025 and §14.08.026), Local Wastewater (Sewer) Connection Fee (§14.16.060), Solid Waste Impact Fee (§9.12.100) and Franchise Hauler Fee (§9.17.040) of the Roseville Municipal Code. The proposed changes are to update the Water Connection Fee, Local Wastewater Connection Fee, Solid Waste Impact Fee and Non-Exclusive Franchise Hauler Permit Fee along with corresponding Roseville municipal code changes.
CONTACT: Archana Wagley 916-746-1704 [email protected] The City Council will consider the recommendation to:
a. Hold the public hearing to receive public comments and respond to questions regarding the proposed adjustments to Water, and Local Wastewater Connection Fees, Solid Waste Impact Fee and Non-Exclusive Franchise Hauler Permit Fee; and
b. Adopt the nexus study; and
c. Introduce for first reading an ordinance amending Section 9.12.100 of Chapter 9.12 of Title 9 of the Roseville Municipal Code regarding Health and Safety – Solid waste impact fee, Section
9.17.040 of Chapter 9.17 of Title 9 of the Roseville Municipal Code regarding Franchise term and franchise fee, Sections 14.08.025 and 14.08.026 of Chapter 14.08 of Title 14 of the Roseville Municipal Code regarding Water connection and Standard connection fees, and Section
14.16.060 of Chapter 14.16 of Title 14 of the Roseville Municipal Code regarding Local sewer connection fee.
VIII. STAFF/COUNCIL REPORTS
IX. ADJOURNMENT
City Council
Communication
Meeting Date: 8/5/2026
Item #: VI.1
File #: 0800-03
Item ID: 2026-565
Title: Replacement Learning Management System Vendor – Letter Agreement Contact: Petra Wallace, Addison Schueller 916-774-5510, 916-774-1135 [email protected], [email protected]
SUMMARY
Staff recommends approval of a Letter Agreement with Alliance Cooperative Energy Services Power Marketing LLC (ACES) to maintain Roseville's access to ACES' new Learning Management System (LMS). ACES has transitioned its LMS platform from Geo Learning to Docebo and requires participating entities to execute a Letter Agreement acknowledging their intent to be bound by the existing Master Service Agreement. There is no cost associated with this Letter Agreement, as access to the Docebo LMS platform is included in the existing Master Service Agreement with ACES.
RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a Letter Agreement with Alliance Cooperative Energy Services Power Marketing LLC (ACES) to maintain Roseville's access to ACES' new Learning Management System. ACES has transitioned its LMS platform from Geo Learning to Docebo and requires participating entities to execute a Letter Agreement acknowledging their intent to be bound by the existing Master Service Agreement. There is no cost associated with this Letter Agreement, as access to the Docebo LMS platform is included in the existing Master Services Agreement with ACES.
BACKGROUND
ACES Power Marketing LLC has provided power management services to the City of Roseville since 2006. These services are a key component of Roseville’s power supply and risk management operations.
On June 5, 2024, the City and ACES executed a five-year Master Services Agreement (Resolution No. 24- 169), which granted Roseville access to ACES’ learning management system (LMS). The LMS offers a wide range of training and certification courses and provides the City with the ability to host and manage its own training programs with consulting and support services from ACES. ACES has transitioned its LMS platform from Geo Learning to Docebo. As part of this transition, Roseville must execute a Letter Agreement with ACES declaring intent to be bound by the terms of the Master Services Agreement to regain access to the LMS.
FISCAL IMPACT
There is no fiscal impact associated with the execution of this Letter Agreement.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA statute §21065 and CEQA Guidelines §15060(c)(3) and §15378. Approval of the Letter Agreement meets the above criteria and is not subject to CEQA. No additional environmental
review is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
6. Deliver exceptional City services
Respectfully Submitted,
Petra Wallace, Power Supply and Portfolio Administrator Addison Schueller, Assistant Electric Analyst
Daniel Beans, Electric Utility Director
ATTACHMENTS:
1. Resolution 26-304
2. Roseville Letter Agreement LMS 1-23-24
REVIEWERS:
Petra Wallace, Electric Department - Resource Planning & Generation Created/Initiated - 6/22/2026 William Forsythe, Electric Department - All Approved - 7/9/2026 Shawn Matchim, City Clerk Department Approved - 7/13/2026 Chris Porter, Electric Department - Engineering Approved - 7/15/2026 Daniel Beans, Electric Department - All Approved - 7/16/2026 Kelly Aye, City Attorney Department Approved - 7/20/2026 Katrina Six, City Clerk Department Approved - 7/21/2026 Ryan DeVore, City Manager Department - Assistant City Manager Approved - 7/23/2026 Scott Pettingell, Finance Department Approved - 7/23/2026 Michelle Sheidenberger, City Attorney Department Approved - 7/23/2026 Dominick Casey, City Manager Department - City Manager Approved - 7/23/2026 Katrina Six, City Clerk Department Final Approval - 7/23/2026
RESOLUTION NO. 26-304
APPROVING A LETTER AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE
AND ALLIANCE FOR COOPERATIVE ENERGY SERVIVES POWER MARKETING LLC,
AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE
CITY OF ROSEVILLE
WHEREAS, a Letter Agreement for use of the Learning Management System, by and between the City of Roseville and Alliance for Cooperative Energy Services Power Marketing LLC, has been reviewed by the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said agreement is hereby approved and that the City Manager is authorized to execute it on behalf of the City of Roseville.
PASSED AND ADOPTED by the Council of the City of Roseville this ___ day of ______________, 2026, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
______________________________
MAYOR
ATTEST:
________________________
City Clerk
January 23, 2024 Via Email Delivery Only
Mr. Dan Beans
Electric Utility Director
City of Roseville
2090 Hilltop Circle
Roseville, CA 95747
RE: Letter Agreement for use of ACES Learning Management System
Dear Mr. Beans:
Alliance for Cooperative Energy Services Power Marketing LLC (“ACES”) has entered into a new agreement with Docebo NA, Inc. (“Docebo”) for a learning management system (“LMS”). ACES’ Master Service Agreement (“Agreement”) with Docebo, explains the terms of ACES’ use of the LMS. The term “Customer” as used throughout the Agreement, refers to ACES and ACES’ Members/Customers. ACES’ “customers” may order or use the services described in the Agreement provided that they are “subject to compliance with this Agreement”. This service is further provided to the City of Roseville (“Roseville”) pursuant to the terms and conditions of Roseville’s Service Agreement with ACES and will be effective as of July 1, 2023.
In order for Roseville to use ACES’ LMS, it is necessary that you review the enclosed Master Service Agreement, and sign and return one (1) original of this letter to ACES, evidencing your intent to be bound by the terms of the Agreement. Agreement provisions of particular importance are:
SECTION 3: SERVICES.
3.2 (a) Docebo Software. During the Term, and as set forth in one or more Order Forms, Docebo will provide the Customer and its End Users with remote access to the Docebo Software. During the Term, and subject to compliance with this Agreement, Docebo grants to the Customer a worldwide, non - exclusive, non-transferable, non-assignable (except as provided herein), and limited right and license to allow End Users to remotely access the Docebo Software that is located on the Docebo server, in accordance with the terms of this Agreement.
Roseville
January 23, 2024
SECTION 6: RECEIPT OF SERVICES; GENERAL PARTY OBLIGATIONS.
6.1 (a) Use of Docebo Software and Services . The Software and Services may be used only for Customer’s own lawful business purposes. The Customer represents and warrants that it shall not knowingly, and shall not knowingly permit others, in using the Services to: (i) defame, abuse, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as rights of privacy, publicity and intellectual property) of others or Docebo, or interfere with another party’s use of the Services; (ii) publish, upload, ship, distribute or disseminate any h armful, infringing, fraudulent, tortious, or unlawfu l material or information (including any unsolicited commercial communications); (iii) misrepresent, or in any other way falsely identify, the Customer’s identity or affiliation, including through impersonation or altering any technical information in communications using the Services; (iv) transmit or upload any Material through the Services containing viruses, trojan horses, worms, time bombs, cancelbots, or any other programs with the intent or effect o f damaging, destroying, disrupting or otherwise impa iring Docebo’s, or any other person’s or entity’s, network, computer system, or other equipment; (v) upload any Sensitive Data (as defined in the DPA) or protected health information into the Services (vi) interfere with or disrupt the Services, networks or servers connected to the Docebo Systems or violate the regulations, policies or procedures of such networks or servers, including unlawful or unauthorized altering of any of the information submitted th rough the Services; (vii) attempt to gain unauthoriz ed access to the Services, other Docebo customers’ computer systems or networks using the Services through any means; (viii) copy, modify or create Derivative Works or improvements of the Services or the Docebo Software; (ix) reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the Services or Docebo Software, in whole or in part; (x) bypass or breach any security device or protection u sed by the Services or Docebo Software or access or use the Services or Docebo Software other than through the use of then valid access credentials; (xi) remove, delete, alter or obscure any trademarks, Documentation, warranties or disclaimers, or any copyright, trademark, patent or other intellectual property rights notices from any Services or the Docebo Software; (xii) access or use the Services or the Docebo Software for purposes of the development, provision, or use of a competing software service or p roduct, or (xiii) sell, resell, assign, pledge, transfer, license, sublicense, distribute, rent or lease the Services or Docebo Software.
SECTION 7: CONFIDENTIALITY
7.1. Confidential Information. “Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party ( “Receiving Party”) that is marked or identified as confidential (including all information which is subject to treatment as a ‘trade secret’ under applicable law) or should oth erwise be reasonably understood to be confidential, in light of the context in which it is disclosed. Customer Data shall expressly be considered as Confidential Information hereunder. Docebo Software, Documentation, and the terms and conditions of this Agreement (including pricing) shall expressly be considered as Confidential Information. For purpos es of this Agreement, Confidential Information does not include any information that: (i) the Receiving Party establishes was publicly known at the time of the Receiving Party’s receipt or has become publicly known other than by a breach of this Agreement; (ii) prior to disclosure hereunder, it was already in the Receiving Party’s possession without restriction as evidenced by appropriate documentation; (iii) subsequent to any disclosure hereunder, the information is obtained by the Receiving Party on a non -confidential basis from a third -
Roseville
January 23, 2024
party who has the right to disclose such information; or (iv) was developed by the Receiving Party without any use of any of the Confidential Information as evidenced by appropriate documentation.
If you have any questions about the Agreement or your use of the LMS, please contact ACES’ Associate General Counsel, Managing Director of Legal Services, Courtney Stooksbury Parker, her email is [email protected] a
nd her phone number is 317 -344-7000.
The foregoing is acknowledged and agreed to, as of July 1, 2023, by the undersigned parties.
ALLIANCE FOR COOPERATIVE CITY OF ROSEVILLE
ENERGY SERVICES POWER
MARKETING LLC
By: By:
Name: Michael Thomas Steffes Name:
Title: President & CEO Title:
Enclosures: Docebo NA Inc. Master Service Agreement
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MASTER SERVICES AGREEMENT
SECTION 1
GENERAL
This Master Services Agreement is entered into by and between the Docebo entity executing and delivering this Agreement and the Customer, as defined below. The terms and conditions herein are common to all Schedules, and to any Order Forms and/or SOWs entered into by and between the Parties hereunder. In the event of a conflict between this Agreement and any Schedule, or any Order Form(s) or SOW, the body of this Agreement will control, unless the Schedule, or applicable Order Form or SOW expressly states that it shall supersede. In the event of a conflict between any Schedule, and any Order Form or SOW, the Schedule will control, unless the Order Form or SOW expressly states that it shall supersede the applicable provision of the Schedule.
SECTION 2
DEFINITIONS
“Active User” means an End User that accesses and engages with the Software Services during a monthly or annual period, as stated in the applicable Order Form.
“Addendum” means the additional documentation that forms part of this Agreement that further details the terms of use of a particular Service as detailed in section 3.4.
“Affiliate” means an entity that directly or indirectly controls, is controlled by or is under common control with an entity, where “control” means, for the purposes of this definition, an ownership, voting, or similar interest representing fifty percent (50 %) or more of the total interests then outstanding of the entity in question.
“Agreement” means this Master Services Agreement and all Schedules, Order Forms, SOWs, and Addenda specifically referenced or incorporated herein.
“Content” means Docebo Data and Third-Party Content, as defined in the applicable Addendum.
“Customer” means the customer contracting entity identified in any Order Form or SOW issued hereunder that is receiving Services from Docebo unless expressly stated to the contrary in any applicable Order Form or SOW; provided, however, that such term includes all parents, subsidiaries, corporate affiliates, employees, representatives, successors and assigns and customers of the contracting party who shall, at the Customer’s election, al so be entitled to receive Services hereunder and request Order Forms and SOWs hereunder. Notwithstanding the broad interpretation of the term Customer hereunder, it is expressly understood that nothing in this Agreement permits the Customer to be a ‘ Reseller’ (as defined below) or ‘partner’ of Docebo, and any such relationship shall only be formed by separate written agreement between Docebo and the Customer.
“Customer Data” all electronic data , Content (excluding Docebo Data and Docebo Content ), Materials and information input by the Customer or End Users into the Docebo Software.
“Derivative Works ” means any suggestions, contributions, enhancements, improvements, additions, modifications, or statutorily defined derivative works to the referenced software or other Materials.
“Docebo” means the Docebo contracting entity set for on the signature page hereto.
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“Docebo App(s)” means applications that allow the functionalities, advanced architecture capabilities, and integration between third-party systems and the Software Services.
“Docebo Content” means certain online courses and educational products provided by or through the Docebo Software and excludes Customer Data and any Customer Material input into the Software Services.
“Docebo Data” means proprietary information gathered or created by Docebo and provided to Customer as part of the Services, excluding Third-Party Content (as defined in the Addendum).
“Docebo Software” means the internet based Docebo software technology and related Services provided by Docebo, and that are accessible to the Customer and its End Users via a web browser through the internet.
“Documentation” means the user documentation and any other operating, training, and reference manuals relating to the use of the Services, as supplied by Docebo to the Customer, as well as any Derivative Works thereof.
“Effective Date” means, with respect to this Agreement the date on which the Agreement commences, which shall be the date set forth on the signature page below.
“End User” means an employee of the Customer or individual third -party, in each case who is over the age of 16, who is authorized by the Customer to use the Software Services and has been provided individual login credentials.
“Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection or other intellectual property rights laws, and all similar or equivalent rights or forms of protection in any part of the world.
“Marks” means service marks, trademarks, trade names, logos, and any modifications to the foregoing.
“Materials” means data, information, pictures, documentation, audio, video, artistic works, writings, and other works of authorship.
“Order Form(s) ” means the ordering document executed by the Parties that specifies the Services, including any Schedules attached thereto.
“Party /Parties” each of Docebo and the Customer are sometimes referred to herein, individually and collectively.
“Professional Services ” means the consulting, implementation, training, integration, enhancement, configuration and other services as applicable provided by Docebo pursuant to an Order Form or SOW.
“Reseller” means the Customer is acting as a partner in the scope of reselling and profiting from the sales of Services.
“Schedule” means any document or addenda incorporated or attached hereto or to any Order Form or SOW that sets out additional terms applicable to specific Services.
“Services” means all services provided by Docebo under this Agreement as described on an Order Form DocuSign Envelope ID: 926AF131-3661-41EB-B254-93FA58A03A54
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or SOW including Software Services and Docebo Software.
“Software Services” as defined in the applicable Addendum.
“SOW” means a Statement of Work executed by the Parties that specifies the Professiona l Services to be provided to the Customer.
SECTION 3
SERVICES
3.1 Subcontractors. All Services will be provided to the Customer by Docebo, directly or through an Affiliate, according to this Agreement and one or more Schedules, and Order Forms or SOWs issued hereunder. Docebo may from time to time, in its discretion, engage third parties to perform Services (“ Subcontractor”) provided that Docebo (a) remains primarily responsible for performance of its obligations under the Agreement; (b) be responsible and liable for the acts and omissions of each Subcontractor in the scope of its performing any Services to the same extent as if such acts or omissions were by Docebo or its employees; and (c) be responsible for all fees and expenses payable to any Subcontractor, including, if applicable, withholding of income taxes, and the payment and wit hholding of payroll taxes, unemployment insurance, workers’ compensation insurance payments, employer health tax, and disability benefits in any such event. For greater certainty, Sub-processors, as defined in the DPA, shall not be considered Subcontractor s for the purposes of this Agreement.
3.2 Docebo Software
(a) During the Term, and as set forth in one or more Order Forms, Docebo will provide the Customer and its End Users with remote access to the Docebo Software. During the Term, and subject to compliance with this Agreement, Docebo grants to the Customer a worldwide, non-exclusive, non-transferable, non-assignable (except as provided herein), and limited right and license to allow End Users t o remotely access the Docebo Software that is located on the Docebo server, in accordance with the terms of this Agreement. (b) The Customer acknowledges that certain maintenance activities regarding the Docebo Software may be necessary or appropriate, from time to time, including bug fixes, software updates, feature updates, and the addition of new ap plications and new modules. In most instances, the Docebo infrastructure is designed to support updates by the Docebo engineering and support teams without the need to interrupt the Docebo Software. Docebo will provide notice to the Customer regarding such maintenance activities that will interrupt the Services at least twenty -four (24) hours in advance. If Docebo reasonably determines that maintenance activities will require an unavailability or outage of the Docebo Software in excess of ten (10) consecutive minutes, then Docebo will give the Customer reasonable advance written notice of the same. Docebo will use commercially reasonable efforts to perform routine scheduled maintenance during non -Business Hours (as defined in the Helpdesk Services /SLA document referenced in section 3.5) (“Maintenance Windows”).
3.3 General Technical Requirements. Using the Software Services requires a modern web browser that supports cookies and JavaScript. Docebo neither represents nor warrants that the Software Services will be accessible through all web browser releases or all versions of tablets, smartphones, or other computing devices. The Software Services currently support the following browsers :
https://www.docebo.com/online-training-lms-system-requirements/ (which is subject to change, with reasonable notice, in Docebo’s sole discretion). Regardless of any changes to such supported DocuSign Envelope ID: 926AF131-3661-41EB-B254-93FA58A03A54
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browsers, Docebo warrants that, at any one given time, it will maintain support for a reasonable cross-section of commonly used current version browser releases. In accordance with this Agreement, Customer must have the requisite equipment, software, a nd internet access to be able to use the Services. Acquiring, installing, maintaining, and operating equipment, any Customer software, and internet access is solely the Customer’s responsibility. Internet access is not included in the Services purchased fr om Docebo, and the Customer is responsible for internet access with the service provider of its choosing. Docebo will not be responsible for any malfunction of the internet or any antivirus protection system installed by the Customer. In the event that the Customer cannot meet the technical requirements to access the Software Services, through no fault of Docebo, Docebo shall be under no obligation to provide the Helpdesk Services, as defined below.
3.4 Software Service Addendum. The specific terms pertaining to the Software Services can be found at the following link: https://www.docebo.com/company/software-service-addendums/. Each section of the Addendum is only applicable if the Service(s) named have been subscribed to as stated in the applicable Order Form.
3.5 Helpdesk Services / Service Level Agreement. Docebo will provide customer care and support services to the Customer, as set forth in the Order Form and/or SOW and as further described via the following link: https://www.docebo.com/company/service-level-agreement/ (the “Helpdesk Services”). Docebo shall not be responsible for any customer support services outside of the terms stated or incorporated herein.
3.6 Professional Services.
(a) If the Customer requests and Docebo agrees, Docebo may provide additional Professional Services to the Customer pursuant to the terms of an Order Form or SOW. Each such Order Form or SOW will include, at a minimum, ( I) a description of the Professional Services; (ii) the then estimated project completion dates; (iii) the fees, costs, and expenses payable to Docebo; (iv) the payment schedule; and (v) a signature by each Party’s respective authorized representatives.
(b) In the event that Customer needs to temporarily suspend any Professional Services engagement with Docebo during the course of their delivery of such Professional Services, Customer must provide written notice (in accordance with Section 13.5 (Communications; Notices) no less than two (2) weeks prior to the date they wish to commence such temporary suspension. In this written notice Customer must provide the following:
(i) Customer’s reasons for temporary suspension;
(ii) date Customer requests the suspension status begin; and (iii) date Customer anticipates suspension status to end. (c) Docebo will review and determine, in its sole and reasonable discretion, to accept such requests. In the event Customer requests to restart the Professional Service earlier or later than the originally requested date, Customer must provide at least two (2) weeks’ notice of such change and Docebo will use commercially reasonable efforts to accommodate such request. Additionally, depending on the requested length of such suspension, Docebo will work with Customer to set a mutually agreeable re -start date based on the availability of the original resources assigned to the Customer and other resources that may be assigned to the Customer. Customer may only go into such suspension status once per Professional Service engagement.
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(d) All timelines for delivery of any Professional Services as detailed in any applicable Order Form or SOW are estimates for delivery of the Services indicated and such timelines are not additive and some Professional Services may be delivered in tandem. Docebo will work with Customer to establish mutually agreed timelines at the onset of any Professional Services engagement.
3.7 On-Site Services. In the event that the Parties agree that Docebo will provide certain Professional Services on-site, the Customer will provide to Docebo copies of all applicable on-site safety policies and procedures.
3.8 Expenses. For any requests by Customer requiring Docebo personnel to be on site to deliver Professional Services, the Customer will reimburse Docebo for its actual, reasonable travel, living, and other incidental expenses incurred; provided, however, that all such expenses shall be pre - approved by the Customer in writing.
3.9 Additional Services. Through its use of the Services, any of the Customer’s designated administrators may have the abili ty to purchase: ( I) online courses; (ii) customized educational products; (iii) Docebo Apps; (iv) customized software (“ Customized Software ”); and/or (v) additional modules (collectively, the “ Additional Services ”). The delivery of and fees for the Additional Services will be charged to the Customer. For greater certainty, this Section 3.9 does not apply to any Third-Party Content (other than Docebo Content).
3.10 Beta Releases. Docebo may, at its sole discretion, may invite Customer and make certain services available to the Customer on a test basis which will be clearly designated as beta, pilot, limited release, non-production or by similar description ( “Beta Release”). Notwithstanding anything to the contrary in the Agreement, Customer ackn owledges and agrees that Beta Release is provided on an “as is” and “as available” basis without any liability and indemnity obligations, warranty, support, Helpdesk Services, Professional Services, maintenance, or service level obligations of any kind. Docebo does not guarantee that future versions of Beta Release will be released or that if such Beta Release is made generally available, it will be substantially similar to the current Beta Release.
Docebo may terminate Customer’s right to use Beta Release at any time for any reason. If Docebo publicly releases Beta Release, Customer may execute a separate Order Form to procure the relevant Software Services (being the publicly available version of the Beta Release) at then-current applicable fees.
SECTION 4
OWNERSHIP; USE OF CUSTOMER DATA AND STATISTICAL INFORMATION.
4.1 For Docebo. All title, ownership rights, and Intellectual Property Rights in and to the Docebo Software, the Documentation, Docebo Data and all Docebo Marks (and all Derivative Works and copies thereof) are and will remain owned exclusively by Docebo. The Customer acknowledges that the Docebo Software, in source code form, remains proprietary information of Docebo and that the source code is not licensed to the Customer by this Agreement or any Schedule, Order Form or SOW and will not be provided or escrowed by Docebo. Docebo will also retain all Intellectual Property Rights in any Professional Services or Additional Services, unless and to the extent that the Parties agree that the same are intended to be transferred to the Customer in connection with the performance of and payment thereof, as indicated in the applicable Order Form or SOW.
4.2 For Customer. All title, ownership rights, and Intellectual Property Rights in Customer Data that the Customer owns or has licensed, and that the Customer or its End Users uploads to the Software Services, will remain owned exclusively by the Customer, or other third-party(ies), as the case may be. Customer will be solely responsible for (i) the accuracy, quality, content, legality and use of DocuSign Envelope ID: 926AF131-3661-41EB-B254-93FA58A03A54
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Customer Data, including the means by which Customer Data is acquired and transferred by Customer or its End Users outside of the Services, (ii) obtaining any licenses, permissions or authorizations required for any use of the Customer Data, an d (iii) complying with all applicable terms and conditions of any third-party website related to Customer Data obtained from such third- party website or its use in connection with the Services. Customer grants to Docebo the necessary licenses and rights to Customer Data solely as necessary for Docebo to provide the Services to Customer. Docebo may review Customer’s use of the Services which may include accessing Customer Data. Docebo may, for internal purposes only, use Customer Data to improve the Services in accordance with Section Error! Reference source not found. below.
4.3 Statistical Information. Docebo may use Customer Data in an aggregated and anonymized form for the analysis, operation, and improvement of the Services (the “Statistical Information”). Docebo may use and disclose the Statistical Information for the foregoing purposes, provided tha t they do not include any data that would reveal the identification of Customer, Customer Data, or any other Customer Confidential Information. Docebo retains all rights, title, and interest in and to such Statistical Information.
SECTION 5
FEES AND PAYMENT TERMS
5.1 Fees. Fees payable for Services received under this Agreement shall be in the amounts and payable on the terms set forth on the applicable Order Form or SOW, and as otherwise set forth in Section
5.2 below. Except as otherwise may be set forth in an applicable Order Form or SOW, all payments for fees shall be due within thirty (30) days from the date of invoice and shall not be subject to any setoff, recoupment, counterclaim, deduction, debit or withholding, for any reason (other than any deduction or withholding of tax, as may be required by applicable law). All fees paid, and expenses reimbursed under this Agreement will be in the currency specified in the applicable Order Form or SOW. Except as otherwise specified in the applicable Order Form or SOW, payment must be made by wire transfer, cheque or automated clearing house (ACH).
5.2 Active Users. Unless otherwise set forth in the Order Form, the fees for accessing the Services are based on the number of Active Users; and Active User limitations may vary across the Services.
Fees for additional Active Users in excess of the authorized number of Active Users set forth in the Order Form (each, an “Extra User”) will be invoiced to the Customer as specified in the Order Form. When the Customer reaches approximately ninety percent (~90.0%) of its Active User limitations, Docebo will provide electronic notice to the Customer regarding its possible exceedance of such limitations. For gr eater certainty, no change will be made to the fees if the actual number of Active Users is less than the authorized number of Active Users set forth in the Order Form; and no ‘down -grading’ of the Active User thresholds will be permitted during the Term.
5.3 Late Payments. The Customer will pay a late fee of up to one and one -half percent (1.5%) per month (not to exceed the maximum allowed under applicable law) on all balances not paid when due on account of all invoices which are not reasonably in dispute. Docebo may, at its option, upon notice and a reasonable opportunity to cure, suspend the Servic es, in whole or in part, if Docebo does not receive all amounts which are due and owing, and not reasonably in dispute, under the Agreement when due, provided that it shall restore the Services promptly upon the clearance of any such disputed amounts. The Customer will reimburse Docebo for all reasonable costs incurred by Docebo in collecting any late payment or interest, including attorneys’ fees, in an amount not to exceed fifteen percent (15.0%) of the outstanding amount owed, court costs and collection agency fees.
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5.4 Taxes. Customer shall, in addition to the other amounts payable under this Agreement, pay all applicable customs, duties, sales, use, value added or other taxes, federal, state, provincial or otherwise, however designated, which are levied or imposed by reason of the transactions contemplated by this Agreement, excluding only taxes based on Docebo’s net income.
SECTION 6
RECEIPT OF SERVICES; GENERAL PARTY OBLIGATIONS.
6.1 Use of Docebo Software and Services
(a) The Software and Services may be used only for Customer’s own lawful business purposes.
The Customer represents and warrants that it shall not knowingly, and shall not knowingly permit others, in using the Services to: (i) defame, abuse, harass, stalk, thre aten or otherwise violate or infringe the legal rights (such as rights of privacy, publicity and intellectual property) of others or Docebo, or interfere with another party’s use of the Services; (ii) publish, upload, ship, distribute or disseminate any ha rmful, infringing, fraudulent, tortious, or unlawful material or information (including any unsolicited commercial communications); (iii) misrepresent, or in any other way falsely identify, the Customer’s identity or affiliation, including through imperson ation or altering any technical information in communications using the Services; (iv) transmit or upload any Material through the Services containing viruses, trojan horses, worms, time bombs, cancelbots, or any other programs with the intent or effect of damaging, destroying, disrupting or otherwise impairing Docebo’s, or any other person’s or entity’s, network, computer system, or other equipment; (v) upload any Sensitive Data (as defined in the DPA) or protected health information into the Services (vi) interfere with or disrupt the Services, networks or servers connected to the Docebo Systems or violate the regulations, policies or procedures of such networks or servers, including unlawful or unauthorized altering of any of the information submitted thr ough the Services; (v ii) attempt to gain unauthorized access to the Services, other Docebo customers’ computer systems or networks using the Services through any means; (vii i) copy, modify or create Derivative Works or improvements of the Services or the Docebo Software; ( ix) reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the Services or Docebo Software, in whole or in part; (x) bypass or breach any security device or protection used by the Services or Docebo Software or access or use the Services or Docebo Software other than through the use of then valid access credentials; (xi) remove, delete, alter or obscure any trademarks, Documentation, warranties or disclaimers, or any copyright, trademark, patent or other intellectual property rights notices from any Services or the Docebo Software; (xii) access or use the Services or the Docebo Software for purposes of the development, provision, or use of a competing software service or p roduct, or (xi ii) sell, resell, assign, pledge, transfer, license, sublicense, distribute, rent or lease the Services or Docebo Software. (b) Docebo has no obligation to monitor the Customer’s use of the Services and the Docebo Software; however, Docebo reserves the right, upon being made aware of material non - compliance with the terms of the Agreement , to monitor such use, and to review, retain and disclose any information as necessary to ensure compliance with the terms of the Agreement and to satisfy or cooperate with any applicable law or regulation, or duly served legal process or governmental request.
6.2 Compliance with Law
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(a) Both Parties will observe and comply with all applicable laws in connection with their performance under this Agreement. Each Party will notify the other, promptly and without any undue delay, of any discovered unauthorized use of the Services related to the Customer’s receipt of such Services hereunder; provided that such Party is legally able to give such notice. To the extent any End User is under the age of 18, Customer represents and warrants that it is responsible for obtaining any additional consents as required by applicable law.
(b) Docebo may suspend the Services, upon notice and a reasonable opportunity to cure, in the event of a material violation by the Customer of any obligation contained in this Section 6, until such violation ceases and Docebo receives reasonable assurances that such violation will not continue. If Docebo believes, in its sole reasonable discretion, that the software, computing equipment, API or network systems owned or controlled by Docebo (collectively, “Docebo Systems ”) are bein g currently used for criminal activity, in a manner that violates the legal rights of Docebo, Docebo’s customers (including the Customer), any user of the Docebo Software or other third-party, or is experiencing an actual data loss or data misappropriation , or that the continued operation of the Docebo Systems places the Docebo Systems in potential danger of data loss, data breach, or catastrophic failure, then such suspension may occur prior to the giving of such notice to the Customer.
6.3 Application Programming Interface Provisions
(a) In connection with its use of the Docebo Software, the Customer may be provided with access to an ' instance' or ‘deployment environment' of the Docebo Software (a "Docebo Instance"). The Docebo Instance may be accessible through an Application Program Interface (API) requiring login and API credentials (the "Docebo Credentials"). Docebo allows the Customer to control, track, and monitor End Users with access to the Docebo Credentials.
(b) Docebo provides documentation disclosing certain aspects of its Docebo Software functionality (the "API Protocols"), which may be updated from time to time provided however such change will not result in a material degradation of the Customer's ability to use the Services. Docebo expressly disclaims and shall have no liability with respect to how the API Protocols are used, except to the extent that it has directed the same. Further, unless otherwise specified by the Parties, in writing in an applicable Order Form or SOW, Docebo takes no ownership interest in or rights to any third -party software code that incorporates the API Protocols.
(c) In order to enable the functionality provided by the API Protocols, a requesting party must serve licensed Docebo Credentials to the Docebo Instance. The Customer expressly understands that Docebo does not go beyond a veri fication of proper Docebo Credentials to validate whether or not access to or use of a customer's Docebo Instance is authorized.
Accordingly, an unauthorized party may use misappropriated, although valid, Docebo Credentials to gain access to and employ the functionality of an otherwise properly licensed Docebo Instance. Once the Docebo Credentials are validated by the Docebo Instance, any software code that is written in accordance with the API Protocols will function with the Docebo Instance as designed. Thus, any unauthorized dissemination and distribution of the Docebo Credentials may lead to an unauthorized use of a Docebo Instance. Docebo expressly disclaims and shall have no liability to the Customer, or any third-party, for any loss or damages resulti ng from how the API Protocols are used, unless and to the extent that the same may be attributable to Docebo's actions.
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SECTION 7
CONFIDENTIALITY
7.1 Confidential Information. “Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”) that is marked or identified as confidential (including all information which is subject to treatment as a ‘trade secret’ under applicable law) or should otherwise be reasonably understood to be confidential, in light of the context in which it is disclosed. Customer Data shall expre ssly be considered as Confidential Information hereunder. Docebo Software, Documentation, and the terms and conditions of this Agreement (including pricing) shall expressly be considered as Confidential Information. For purposes of this Agreement, Confidential Information does not include any information that: (i) the Receiving Party establishes was publicly known at the time of the Receiving Party’s receipt or has become publicly known other than by a breach of this Agreement; (ii) prior to disclosure hereunder, it was already in the Receiving Party’s possession without restriction as evidenced by appropriate documentation; (iii) subsequent to any disclosure hereunder, the information is obtained by the Receiving Party on a non -confidential basis from a thi rd-party who has the right to disclose such information; or (iv) was developed by the Receiving Party without any use of any of the Confidential Information as evidenced by appropriate documentation. For greater certainty, the Parties agree that Customer Personal Data is Confidential Information but is governed by Section 8 of this Agreement.
7.2 Disclosure. The Parties agree that, during the Term of this Agreement, each Party may disclose to the other Party certain Confidential Information of such Party or of such Party’s associated companies, distributors, licensors, suppliers, or customers.
7.3 Requirement of Confidentiality
(a) Each Receiving Party agrees to hold all Confidential Information disclosed to such Receiving Party by the Disclosing Party in confidence and not to, directly or indirectly, copy, reproduce, distribute, manufacture, duplicate, reveal, report, publish, disclose, cause to be disclosed, or otherwise transfer the Confidential Information disclosed by the Disclosing Party to any third-party, or utilize the Confidential Information disclosed by the Disclosing Party for any purpose whatsoever other than as expressly contemplated by the Agreement.
(b) The Customer acknowledges that the Docebo Software and Documentation, as well as all pricing aspects of Order Forms and SOWs issued in connection with this Agre ement, are the Confidential Information of Docebo.
(c) With regard to all Confidential Information, the obligations in this Section 7 shall continue for the Term of the Agreement and for a period of three (3) years thereafter; provided, however, that, with respect to any Confidential Information which is a trade secret under applicable law, the obligations shall continue in perpetuity for so long as such information is considered a trade secret.
(d) Notwithstanding anything to the contrary herein, if the Receiving Party is ordered by an administrative agency or other governmental body of competent jurisdiction to disclose the Confidential Information, then the Receiving Party may disclose the reques ted Confidential Information; provided however, that, the Receiving Party shall first notify the Disclosing Party prior to disclosure, if allowed by law, in order to give the Disclosing Party a reasonable opportunity to seek an appropriate protective order or waive compliance with DocuSign Envelope ID: 926AF131-3661-41EB-B254-93FA58A03A54
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the terms of this Agreement and shall disclose only that part of the Confidential Information which the Receiving Party is required to disclose.
7.4 Return of Materials . Upon the request of the Disclosing Party or upon the expiration or termination of the Agreement, the Receiving Party shall promptly destroy or deliver to the Disclosing Party all of the Disclosing Party’s Confidential Information and any notes, extracts, or other reproductions in whole or in part relating thereto, without retaining any copy thereof.
Notwithstanding the foregoing, the Receiving Party shall be permitted to retain such copies of Confidential Information as may be reasonably necessary for legal or recordkeeping purposes, including such copies as are embedded in the automated backup of electronic data processing systems.
SECTION 8
DATA PROTECTION
8.1 Processing of Personal Data. To the extent that Docebo processes Customer Personal Data, it shall do so only in accordance with the Data Processing Addendum available at:
https://www.docebo.com/company/data-processing-addendum/ (the “DPA”) and the Information Protection and Security Standards (the “IPSS”), attached to the DPA as Annex A, which is incorporated by reference into this Agreement. As used herein, “Customer Personal Data” shall be as defined in the DPA.
8.2 Security Matters. Docebo has implemented and will maintain, throughout the Term and the tail of any of its obligations under this Agreement, in accordance with industry best practices, appropriate technical and organizational safeguards described in the IPSS, in order to support the security, confidentiality and integrity of Customer Data and other proprietary information. Docebo shall only use Customer Data as permitted under this Agreement and in accordance with the DPA, including as necessary or appropriate to prevent technical problems (e.g., to resolve issues related to technical support).
Customer’s notification referents for matters related to the DPA are the following:
Name: DAVID CLASPELL, SENIOR VICE PRESIDENT & CFO
Email: [email protected]
CC: [email protected]
Telephone: (317) 344-7000
SECTION 9
LIMITED WARRANTY AND DISCLAIMER.
(a) Docebo represents and warrants to the Customer that: (i) it will provide the Services in a manner consistent with general industry standards reasonably applicable to the provision thereof; (ii) it has all rights, licenses, consents and authorizations necessary to grant the rights and licenses granted in this Agreement; (iii) the Services delivered under the Agreement will operate substantially in conformity with its Documentation un der normal use and circumstances; (iv) the Documentation accurately and completely reflects all material features and functions of the Services; and (v) it shall DocuSign Envelope ID: 926AF131-3661-41EB-B254-93FA58A03A54
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comply with all applicable federal, state, provincial and local laws, rules, and regulations w hen performing its obligations under this Agreement.
(b) The above warranty will not apply to non -conformities, errors or problems caused by acts within the control of the Customer or its End Users, or arising from Customer’s negligence or improper use of the Services from unauthorized modifications or use of Services in an unsupported operating environment or manner, or any issues that arise from integrations made with third -party software at Customer’s election.
(c) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER DOCEBO,
ITS AFFILIATES, LICENSORS OR SUPPLIERS, NOR THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES MAKES
ANY EXPRESS OR IMPLIED WARRANTIES, CONDITIONS, OR REPRESENTATIONS TO
THE CUSTOMER, OR ANY OTHER PERSON OR ENTITY WITH RESPECT TO THE
SERVICES OR OTHERWISE REGARDING THIS AGREEMENT, WHETHER ORAL OR
WRITTEN, EXPRESS, IMPLIED OR STATUTORY, AND, EXCEPT AS EXPRESSLY SET
FORTH IN THIS AGREEMENT, THE SERVICES ARE PROVIDED TO THE CUSTOMER ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ARE FOR COMMERCIAL USE ONLY. (d) WITHOUT LIMITING THE FOREGOING, ANY IMPLIED WARRANTY OR CONDITION OF
MERCHANTABILITY, THE IMPLIED WARRANTY OR CONDITION OF FITNESS FO R A
PARTICULAR PURPOSE, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE ARE EXPRESSLY EXCLUDED AND DISCLAIMED. NO WARRANTY
IS MADE THAT USE OF THE SERVICES WILL BE TIMELY, ERROR FREE OR
UNINTERRUPTED, THAT ANY NON -MATERIAL ERRORS OR DEFECTS IN THE
SERVICES WILL BE CORRECTED, THAT THE SERVICES WILL OPERATE IN
COMBINATION WITH HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED
OR RECOMMENDED BY DOCEBO, OR THAT THE SERVICES FUNCTIONALITY WILL MEET THE CUSTOMER’S REQUIREMENTS.
SECTION 10
LIMITATIONS OF LIABILITY
10.1 Exclusions of Liability . Except in connection with and to the extent of any breach of Section 7 (Confidentiality), in no event shall either Party, its affiliates, licensors or suppliers, or any of their respective officers, directors, employees, shareh olders, agents or representatives be liable to the other Party, or any other person or entity for any indirect, special, incidental, exemplary or consequential damages or any loss of goodwill under or in any way relating to this Agreement or resulting from the use of or inability to use the deliverables or the performance or non-performance of any Services, including the failure of essential purpose, even if such Party has been notified of the possibility or likelihood of such damages occurring, and whether such liability is based on any legal or equitable theory, including, but not limited to, contract, tort, negligence, strict liability, products liability or otherwise.
10.2 Maximum Liability. Except for claims arising in connection with and to the extent of (a) any breach of Section 7 (Confidentiality), (b) Section 11 (Indemnification) or (c) in connection with contractual payment obligations hereunder, in no event shall either Party’s liability for any damages to the other Party, or to any other person or entity, regardless of the form of action, whether based on contract, tort, negligence, strict liability, products liability or otherwise, exceed an amount equal to twelve (12) months of fees for Services which were paid or would otherwise be payable to Docebo by the Customer during the Term during which arose the events giving rise to such action.
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SECTION 11
INDEMNIFICATION
11.1 Docebo Indemnification
(a) Docebo shall indemnify and defend the Customer and its officers, directors, employees and affiliates and End Users against any and all third -party claims, actions or proceedings arising out of or in connection with, and t o the extent caused by, (i) any infringement by the Docebo Software or Docebo Data against any patent, copyright, or trademark, or the misappropriation of any trade secret (except for claims which are specifically excluded under the terms of Section 11.1(b) or (ii) any violation by Docebo of its obligations in Section 7 (Confidentiality). If any Services (including the Docebo Software) becomes, or, in Docebo’s opinion, is likely to become, the subject of any claim of infringement, Docebo may, at its sole option, (x) obtain for the Customer the right to continue using the Services; (y) replace or modify the affected Services so that it becomes non -infringing while providing substantially equivalent functionality; or (z) if such remedies ar e not available on commercially reasonable terms, as determined by Docebo, terminate the license to use the Services for the affected portion and promptly refund any pre -paid subscription fees for the affected portion thereof.
(b) Notwithstanding any terms contained in Section 11.1(a), Docebo shall have no liability for infringement claims if the alleged infringement is based on or arises from (i) the combination or use of the Services with software or other materials not provided or recommended for use by Docebo, (ii) the modification of the Services by anyone other than Docebo, or at Docebo’s direction, or (iii) the use of the Services not in accordance with the Documentation or this Agreement.
11.2 Customer Indemnification. The Customer will indemnify and defend, Docebo, and its officers, directors, employees and affiliates against all third-party claims, actions or proceedings arising out of or in connection with, and to the extent caused by, (i) Customer Data; (ii) any inf ringement or misappropriation of any Intellectual Property Rights of third parties; or (iii) any violation by the Customer of its obligations in Section 7 (Confidentiality).
11.3 Indemnification Obligations . The indemnification provided in Sections 11.1 and 11.2 is conditioned on: (i) the party to be indemnified (the “Indemnified Party”) giving the indemnifying party (the “Indemnifying Party”) prompt written notice of such claim; (ii) the Indemnified Party providing its full cooperation in the defense of such claim, if requested by the Indemnifying Party; and (iii) the Indemnified Party granting the Indemnifying Party the sole authority to defend or settle the claim.
SECTION 12
TERM AND TERMINATION
12.1 Term. The term of this Agreement shall commence on the Effective Date and shall continue through until the expiration or termination of all Service Terms (the “Term”). A “Service Term” is defined as the period of time, as set out on each applicable Order Form or SOW, for each Service provided to Customer under this Agreement.
12.2 Automatic Renewal. Except as otherwise specified in an Order Form or SOW, subscriptions will automatically renew for subsequent twelve (12) month periods (each, a “Renewal Term”), unless either Party gives written notice of non -renewal in accordance with this Section 12.1. Upon each DocuSign Envelope ID: 926AF131-3661-41EB-B254-93FA58A03A54
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subsequent Renewal Term, the fees will be revised to reflect Docebo’s then-current fees, or a five percent (5.0%) increase over the highest level of annual fees charged during the previous Term or Renewal Term, whichever is lower, for the applicable Services. Fees for any upcoming Renewal Term shall be set out in the Order Form sent to Customer, at least 60 days prior to the commencement of such Renewal Term. Unless otherwise specified in the Order, to prevent renewal of the Agreement, either Party must give written notice of non -renewal to the other Party at least thirty (30) days prior to the end of the then current Term.
12.3 Termination. Without prejudice to any other rights or remedies of each Party hereunder, and in addition to any other termination rights herein, the Parties shall have the right to terminate the Agreement as provided below:
(a) By either Party if the other Party commits a material breach of this Agreement and such breach remains uncured thirty (30) days after written notice of such breach is delivered to such other Party;
(b) By either Party if the other Party makes an assignment for the benefit of creditors, or commences or has commenced again st it any proceeding in bankruptcy, insolvency, or reorganization pursuant to bankruptcy laws, laws of debtor’s moratorium or similar laws; (c) By Docebo if any amounts hereunder which are due and owing and not reasonably in dispute remain unpaid for more than fifteen (15) days following written notice of such unpaid amounts being delivered to the Customer;
(d) by Docebo if Customer is acting as a Reseller without Docebo’s express written consent; (e) By Customer if Docebo is in breach of Section 13.10 (Modifications); or (f) By Customer, for any reason or no reason at all, provided that Customer provides Docebo with ninety (90) days’ advanced written notice of termination and upon such termination, Customer shall pay 50% of the remaining fees due and owing to Docebo for the duration of the term.
12.4 Effect; Transition
(a) Upon expiration or termination of this Agreement for any reason, all rights and licenses granted by Docebo hereunder to the Customer will immediately cease. Upon any expiration or termination of this Agreement, Docebo shall make the Customer’s Materials reasonably available to it for a period of thirty (30) days. Upon any duly effected termination of th is Agreement by the Customer pursuant to Sections 12.312.3(a), 12.3(b), or 12.3(e), Docebo will promptly refund any pre-paid fees for Services not yet received by the Customer. (b) Upon any expiration or termination of this Agreement by the Customer pursuant to Sections 12.3 12.3(a) or 12.3(b) of this Agreement, Docebo will continue, upon the Customer’s written request, to provide the Services to the Customer, as the Services were provided to the Customer during the most recently completed Term and under the same conditions and applicable fees, for a maximum period of six (6) months (“ Transition Services”). The Customer may use the Transition Services to continue operatio ns and for data retrieval and export purposes, and Docebo will provide reasonable migration tools that it generally makes available to its customers for the Customer to retrieve the Customer’s Materials and content as a part of providing the Services. In any event where the Customer has elected to receive Transition Services, the Customer represents and warrants that it will work expeditiously and diligently to migrate itself onto an alternative solution.
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12.5 Survival. Termination of this Agreement or any Order Form or SOW issued hereunder shall not affect Section 5 (Fees and Payment Terms), Section 7 (Confidentiality), Section 10 (Limitations of Liability), Section 11 (Indemnification), and Section 13 (Miscellaneous), all of which shall expressly survive such termination.
SECTION 13
MISCELLANEOUS
13.1 Authority. Each Party represents and warrants that it has the legal power and authority to enter into this Agreement. When executed and delivered by both Parties, this Agreement wi ll constitute the legal, valid and binding obligations of such Party, enforceable against such Party in accordance with its terms.
13.2 Governing Law. This Agreement between Docebo NA, Inc. and Customer and all matters arising out of or relating to this Agreement are governed by, and construed in accordance with the chart appearing below:
Docebo entity entering into
the Agreement
Choice of Law Exclusive Jurisdiction
Docebo Inc. Laws of Ontario Toronto, Ontario
Docebo UK Limited Laws of England and Wales London, England Docebo France SAS. Laws of France Paris, France
Docebo S.p.A. Laws of Italy Milan, Italy
Docebo NA, Inc. Laws of New York New York
Docebo GmbH Laws of Germany Munich, Germany
Docebo Australia Pty Ltd. Laws of Australia Melbourne, Australia
13.3 Dispute Resolution; Waiver of Jury Trial
(This section 13.3 is only applicable to Agreements signed with Docebo Inc. and Docebo NA, Inc.) (a) In the event that any dispute arises between the Parties with respect to this Agreement, the Parties will first attempt to resolve the dispute, in good faith, through consultation. If consultation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration, before one (1) arbitrator in accordance with the then prevailing rules of commercial arbitration of JAMS.
The arbitrator’s award (the “Award”) will be final, and judgment may be entered upon it by any court having jurisdiction over such matter. Every arbitrator engaged pursuant to this Section 13.3, and all proposed arbitrators, must be at arm’s -length from both Parties and shall not have any interest in the dispute. Each arbitrator shall, subject to applicable rules, determine the procedure for hearing the dispute but shall be caused to give written reasons for material findings of fact and a written decision. Each arbitrator shall determine the liability among the Parties to the dispute for the cost of the dispute resolution process and for the payment of the arbitrator. The Parties shall maintain the confidential nature of the arbitration proceeding and the Award, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by applicable law.
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(b) EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY
KNOWINGLY, INTENTIONALLY AND VOLUNTARILY, WITH AND UPON THE
ADVICE OF COMPETENT COUNSEL, IRREVOCABLY WAIVES, RELINQUISHES
AND FOREVER FORGOES THE RIGHT TO A TRIAL BY JURY IN ANY ACTION
OR PROCEEDING BASED UPON, ARISING OUT OF, OR IN ANY WAY RELATING TO THIS AGREEMENT.
13.4 International Conventions. The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply in any respect to this Agreement or the Parties.
13.5 Communications; Notices . All communications and notices which are required or otherwise provided under this Agreement shall be in writing and shall be deemed given when delivered (i) by hand, (ii) by registered or certified mail, postage prepaid, return receipt requested; (iii) by a nationally recognized overnight courier service; or (iv) by electronic mail (with read receipt or other tracking mechanism to confirm receipt), to the respective addresses set forth on the initial Order Form, with a copy which shall not constitute notice to [email protected]
13.6 Assignment. Customer may not assign this Agreement without Docebo’s written consent, which consent shall not be unreasonably withheld or delayed, except that Customer may assign or transfer this Agreement in connection with a sale of all or substantially all of Customer’s assets (other than to a direct competitor of Docebo and provided that the assignee agrees in writing t o be bound by all terms and conditions of this Agreement) by providing Docebo with prompt written notice of such assignment. Any assignment in violation of this Section 13.6 shall be void and of no effect.
The Agreement shall be binding upon and inure to t he benefit of the Parties and their successors and permitted assigns
13.7 Severability. In case any one or more of the provisions of this Agreement should be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.
13.8 Entire Agreement . This Agreement constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes all previous oral or written communications, representations, understandings, agreements, or proposals with respect thereto. For the avoidance of doubt, any purchase order forms, or similar document, issued by the Customer to Docebo, outside of an Order Form or SOW will not be accepted and are expressly rejected by Docebo. All Order Forms, SOWs and Schedules attached to the Agreement or subsequently added hereto by mutual consent of the Parties are incorporated into this Agreement for all purposes.
13.9 Waiver. No failure or delay by a Party to exercise any right or remedy provided under this Agreement, or by law, shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No sin gle or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
13.10 Modifications. No amendment to or modification of this Agreement is effective unless it is in writing, identified as an amendment to or modification of this Agreement and signed by an authorized representative of each Party. Notwithstanding the foregoing, Docebo reserves the right, in its sole discretion, to make any changes to the Services and to the Docebo Software that it deems necessary or useful to: (a) maintain or enhance (i) the quality or delivery of Docebo’s s ervices to its customers, (ii) the competitive strength of or market for Docebo’s services, or (iii) the Services’ cost efficiency or performance; or (b) to comply with applicable law; provided that no such changes have the effect of materially degrading the functionality of the Services.
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13.11 Force Majeure. Neither Party will be responsible for any delay or failure in performing any of its obligations hereunder due to causes of forc e majeure, which are the result of circumstances or events which are not reasonably foreseeable and are beyond such Party’s reasonable control, including, without limitation, acts of God, acts of government, flood, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems (excluding those involving a Party’s employees), computer or telecommunications failures or delays involving hardware or software not within a Party’s possession or reasonable control, and network intrusions or denial of service attacks (each a “Force Majeure Event ”). The Party affected by a Force Majeure Event will advise the other Party in reasonable detail of the Force Majeure Event as promptly as practicable and keep the other Party reasonably apprised of progress in resolving the Force Majeure Event.
13.12 No Third-Party Beneficiaries. The Agreement is personal to the Parties and no third parties shall be considered beneficiaries hereof, for any purposes.
13.13 Insurance
(a) At all relevant times during the performance of Services pursuant to the Agreement, Docebo shall have bound and maintained the following minimum insurance coverages (all amounts stated are in USD):
(i) Commercial General Liability – $1,000,000, per occurrence , $2,000,000, in the aggregate;
(ii) Cyber Liability / Technology Errors & Omissions/ Professional Liability – $5,000,000, in the aggregate.
(b) Upon reasonable request, Docebo will provide to the Customer customary proof of continuing insurance.
(c) For the avoidance of doubt, nothing contained in this Section 13.13 shall, in any way, be interpreted as impacting any limitations of liability or indemnification provisions contained in the Agreement.
13.14 Publicity. Customer hereby grants to Docebo the express right to use Customer’s company logo and/ or name in its quarterly press releases, related earnings calls, investor presenta tions and its website to identify Customer as a Docebo customer. Other than as expressly stated herein, neither Party shall use the other Party’s name and/or logos without the prior written permission of the other Party.
[signatures to follow on next page]
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City Council
Communication
Meeting Date: 8/5/2026
Item #: VI.2
File #: 0203-07
Item ID: 2026-571
Title: Waste Disposal Services - Contract Purchase Agreement Contact: Nathan Ribordy 916-746-1673 [email protected]
SUMMARY
Staff recommends approval of a contract purchase agreement with Advanced Chemical Transport LLC, dba ACTenviro for hazardous and non-hazardous waste disposal services. The cost of the five-year agreement is $700,000 per year, for a total not to exceed $3,500,000 over the five-year term. Adequate funding is included in the FY2026-27 Electric Fund budget. Funding for subsequent years will be included in the Electric Department's annual budgets, subject to City Council approval.
RECOMMENDATION
Staff recommends that the City Council adopt a resolution approving Contract Purchase Agreement (#3005367) for Waste Hauling Services with Advanced Chemical Transport LLC, dba ACTenviro, and authorize the City Manager to execute the agreement on behalf of the City of Roseville.
BACKGROUND
The City owns and operates two power plant sites. These sites generate several waste streams of liquid and solid waste routinely and on an emergent basis. This requires hazardous and non-hazardous waste identification, labeling, collection, transportation, and disposal in accordance with state and federal laws by a qualified hazardous waste transportation company.
The City issued a Request for Proposals (RFP 07-121) for hazardous and non-hazardous waste disposal services, which generated responses from multiple vendors. Following a determination of vendor responsiveness and responsibility, an evaluation team conducted a comprehensive review and scoring of the submitted proposals. Based on a thorough assessment of each vendor's safety record, service quality, relevant experience, proposal completeness, and pricing, the evaluation team identified Advanced Chemical Transport LLC, dba ACTenviro as the most suitable vendor to perform the required scope of services.
FISCAL IMPACT
The total cost of the five-year agreement will not exceed $3,500,000. Funding of $700,000 for the first year is included in the Electric Department's FY2026-27 budget in the Electric Fund. Funding for the additional four years will be $700,000 per year, and will be included in future Electric Department budgets, subject to City Council approval.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) only applies to projects which have the potential to cause a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. (CEQA Guidelines Section 15061(b)(3)). The hauling and delivery of hazardous
substances is regulated by the state. Hazardous material transport consistent with applicable safety regulations should not result in a significant environmental effect. Therefore, the proposed contract purchase agreement does not include the potential for a significant environmental effect and is not subject to CEQA.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
1. Ensure a safe and healthy community
2. Remain fiscally responsible in a changing world
6. Deliver exceptional City services
Respectfully Submitted,
Nathan Ribordy, Power Generation Superintendent
Daniel Beans, Electric Utility Director
ATTACHMENTS:
1. Resolution 26-305
2. CPA
3. RFP 07-121
4. Proposal
5. Master Score Sheet
REVIEWERS:
Steve Hancock, Electric Department - Financial & Administrative Created/Initiated - 6/25/2026 Tom Pontes, City Clerk Department Approved - 7/13/2026
William Forsythe, Electric Department - All Approved - 7/13/2026 Chris Porter, Electric Department - Engineering Approved - 7/15/2026 Daniel Beans, Electric Department - All Approved - 7/16/2026 Kelly Aye, City Attorney Department Approved - 7/20/2026 Katrina Six, City Clerk Department Approved - 7/21/2026 Ryan DeVore, City Manager Department - Assistant City Manager Approved - 7/23/2026 Scott Pettingell, Finance Department Approved - 7/23/2026 Michelle Sheidenberger, City Attorney Department Approved - 7/23/2026 Dominick Casey, City Manager Department - City Manager Approved - 7/27/2026 Katrina Six, City Clerk Department Final Approval - 7/27/2026
RESOLUTION NO. 26-305
APPROVING A CONTRACT PURCHASE AGREEMENT, BY AND BETWEEN THE CITY
OF ROSEVILLE AND ADVANCED CHEMICAL TRANSPORT LLC DBA ACTENVIRO,
AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF
THE CITY OF ROSEVILLE
WHEREAS, the Contract Purchase Agreement (3005367) for Waste Disposal Services, by and between the City of Roseville and Advanced Chemical Transport LLC dba ACTenviro, has been reviewed by the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said agreement is hereby approved and the City Manager is authorized to execute it on behalf of the City of Roseville.
PASSED AND ADOPTED by the Council of the City of Roseville this ___ day of ______________, 2026, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
______________________________
MAYOR
ATTEST:
________________________
City Clerk
REQUEST FOR PROPOSALS
RFP 07-121
Roseville Electric Utility – Generation Division
Hazardous & Non-Hazardous Waste Disposal
DUE: March 30, 2026
3:00 PM
Deliver to:
City of Roseville
Attn: City Clerk Department
311 Vernon Street
Roseville, CA 95678
OR
Email: [email protected]
CITY OF ROSEVILLE
NOTICE FOR PROPOSALS
RFP 07-121
NOTICE IS HEREBY GIVEN that proposals for Roseville Electric Utility – Generation Division Hazardous & Non-Hazardous Waste Disposal will be received by the City of Roseville. Proposals will be accepted ONLY at the office of the City Clerk, Civic Center, 311 Vernon Street, Roseville, CA, 95678 or submitted via electronic mail to [email protected], until 3:00 p.m., March 30, 2026. Said proposals will be evaluated and results will be made public after completion of the negotiation process with the selected consultant. The City reserves the right to reject any or all proposals and to waive any informalities or irregularities in any proposal or in the proposal process.
_____3/5/2026___________ ____________________________ Date Nathan Ribordy Power Generation Superintendent
___________________________________________
IMPORTANT!!!
The City is not responsible for misdel ivered proposals, and the proposer is strictly liable for its chosen method of delivery. It is the proposer’s sole responsibility to make sure that proposal s arrive at the proper location. Any proposal which does not actually arrive in the City Clerk’s Office by the RFP due date and time will be rejected as non-responsive, even if properly addressed or delivered to another City Department.
Your proposal MUST be addressed and delivered as follows:
City of Roseville
Attn: City Clerk Department
311 Vernon Street
Roseville, CA 95678
The proposer is also directed to include the attached “Sealed Proposal” label on the outside of the package or envelope, so that it is visible when delivered to the City.
Or emailed to:
[email protected]
Note: Email submissions are limited to 25 megabytes.
City of Roseville RFP
PREVAILING WAGE NOTIFICATION
This is a prevailing wage project. Accordingly, all prevailing wage and fair employment laws and regulations shall be adhered to. For prevailing wage contracts over $25,000.00, copies of certified payroll must be submitted with invoices. Prevailing wage rates may be obtained from the Department of Industrial Relations and/or the following website address:
http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm
(RFP 07-121, ROSEVILLE ELECTRIC UTILITY – GENERATION DIVISION
HAZARDOUS & NON-HAZARDOUS WASTE DISPOSAL)
TABLE OF CONTENTS
Table of Contents
1.0 INTRODUCTION .................................................................................................................................................... 6
2.0 TENTATIVE SCHEDULE ..................................................................................................................................... 8
3.0 SCOPE OF SERVICES ........................................................................................................................................... 8
4.0 ASSURANCE OF DESIGNATED PROJECT TEAM ....................................................................................... 10
5.0 PROPOSAL FORMAT REQUIREMENTS ....................................................................................................... 10
6.0 SUBMITTAL INSTRUCTIONS .......................................................................................................................... 14
7.0 EVALUATION CRITERIA ................................................................................................................................. 15
8.0 SELECTION PROCESS ....................................................................................................................................... 15
9.0 GENERAL TERMS & CONDITIONS ................................................................................................................ 16
10.0 ATTACHMENTS .................................................................................................................................................. 21
1.0 INTRODUCTION
The City of Roseville (hereinafter “City”), is soliciting proposals for qualified individuals, firms, consultants, contractors, or entities (hereinafter “Contractor(s)”), to provide hazardous and non- hazardous waste identification, labeling, collection, transportation, and disposal in accordance with applicable state and federal laws for Roseville Electric Utility Resource Planning and Generation Division. This will be a competitive negotiation process. Qualified individuals, firms, contractors, consultants or entities (hereinafter “Contractor(s)”), that meet the requirements set forth in this Request for Proposals (hereinafter “RFP”), and are capable of providing the services requested are encouraged to participate.
1.1 Background
The City owns and operates two power plant sites. The first, Roseville Energy Park (hereinafter “REP”) is a gas-fired 170 MW combined-cycle zero liquid discharge power generation facility.
The REP generates several waste streams of liquid and solid waste requiring off-site disposal.
Hazardous waste is also generated on an emergent basis. The second, Roseville Power Plant #2 (hereinafter “RPP2”) is a gas fired 50 MW Simple Cycle Peaking power plant. These two sites have the potential to have waste streams that must be hauled off-site by a qualified Hazardous Waste Transportation Company. The City of Roseville requests proposals for services related to disposing of both hazardous and non-hazardous waste from the REP and RPP2.
Locations of REP and RPP2 are listed below:
Roseville Energy Park
5120 Phillip Road
Roseville, CA 95747
Roseville Power Plant #2
2155 Nichols Drive
Rocklin, CA 95677
1.2 City Overview
The City of Roseville is an incorporated city with a population of more than 145,000 residents, located in Placer County off of Interstate 80, approximately 16 miles northeast of Sacramento, California. The City of Roseville is a Charter city operating under the City Council/City Manager form of government.
1.3 Proposal Submittal
RFP proposal submittals may be delivered to the Office of the City Clerk, Civic Center, 311 Vernon St., Roseville, CA 95678 via common carrier, hand delivered, or submitted via electronic mail to [email protected] by the specified proposal due date and time. Complete and attach the “Sealed Proposal” label to the outside of the proposal packaging if delivering or hand carrying a hard copy of the proposal, so it is visible to the City Clerk. If submitting a proposal via electronic mail, then include the RFP title and RFP number in the subject line of the email.
1.4 California Secretary of State Registration
The City requires all corporations, limited liability companies and limited partnerships to be registered to do business in the State of California. On a separate Attachment I page, please include a screenshot of your “ACTIVE” status with your proposal submittal, which can be
obtained by accessing this link: https://bizfileonline.sos.ca.gov/search/business. All proposers must be registered with the Secretary of State or have a valid exemption by the time of award.
1.5 Instructions
This RFP is exclusively an invitation to submit Proposals for the Roseville Electric Utility – Generation Division Hazardous & Non-Hazardous Waste Disposal project. This RFP shall not be construed as a request or authorization to perform any work. In addition, this RFP does not represent a commitment to purchase, lease, or license any product or software. Any work performed by a Vendor to respond to this RFP will be at the Vendor’s own discretion and expense. The City will not be obligated for any Vendor costs related to this RFP, nor does any Vendor’s work in responding to this RFP bind the City to any obligations. The costs of developing Proposals are entirely the responsibility of the Vendor.
This RFP includes a description of the scope of services, proposal requirements, and instructions for submitting your proposal. Failure to follow these instructions may result in rejection of your proposal.
No oral representations or interpretations will be made to any proposer as to the meaning of this RFP.
Direct all inquiries regarding this RFP in writing to Steve Hancock at [email protected] or by accessing the RFP from the City’s website at:
https://www.roseville.ca.us/business/procurement_services/bids_rfps by no later than 5:00 pm PST on March 18, 2026.
Do not contact other individuals or City departments in this regard. Information provided by anyone other than the above contact may be invalid and proposals which are submitted in accordance with such information may be declared non-responsive.
In the event that it becomes necessary to revise any part of this RFP, written addenda will be issued. Any amendment to this RFP is valid only if it is in writing and issued by the City department issuing the RFP. No oral interpretations or answers shall bind the City unless confirmed by the City in writing.
All addenda for this RFP will be distributed through PublicPurchase.com to proposers who have registered with PublicPurchase.com and who have downloaded the RFP. Additionally, the Notice of Intent to Award will be posted on PublicPurchase.com. It is the proposer’s sole responsibility to monitor PublicPurchase.com for possible addenda to this RFP and for the Notice of Intent to Award. Failure of proposer to retrieve addenda or the Notice of Intent to Award from PublicPurchase.com shall not relieve him/her of the requirements contained therein or the timelines associated therewith. Additionally, failure of proposer to return a signed addendum, when required, may be cause for rejection of his/her proposal.
2.0 TENTATIVE SCHEDULE
The following represents the tentative schedule for this RFP. Any change in the scheduled dates for the Deadline for Final Questions, or Proposal Submission Deadline will be advertised in the form of an addendum to this RFP. The schedule for the evaluation process and other future dates may be adjusted without notice.
RFP Released by the City……………………………… March 9, 2026
Deadline for Final Questions………………………….. . March 18, 2026 City Responses to Written Questions………………….. March 20, 2026 Proposal Submission Deadline………………………… March 30, 2026
Consultant Interviews as needed………………………. TBD
Contract Negotiations………………………………… … TBD
Contract Approval by City Council…………………… . TBD
Commencement of Services.………………………… … Approx. July 1, 2026
3.0 SCOPE OF SERVICES
Contractor will provide services related to the identification, labeling, collection, transportation, and disposal of hazardous and non-hazardous waste for the City’s Generation Division, REP and RPP2 locations on a non-emergency (regular) and emergency response basis. Contractor will perform cleaning of ponds, containments, equipment and areas requiring confined space entry on an as needed basis.
3.1 Wastes to be removed include, but are not limited to:
Acid cleaning solution (pH <2.5)
Caustic cleaning solution (pH >11.5)
High TSS slurry (~30% solids)
Salt Pellet Filter Tank Solids
Oily Rags
Oily Water
Universal and E-waste
Waste Oil
Oil Filters
Contaminated gravel / soil
Cleaning solvents and wash water
3.2 Contractor Responsibilities
Operate in accordance with any local, State and Federal regulation as applicable. Review, at least annually, and operate within the parameters of the City’s Spill Prevention, Control, and Countermeasure (SPCC) plan and Hazardous Materials Business plan. Classify and label all waste materials where applicable. Provide all reporting, paperwork, and documentation in accordance with Department of Transportation (DOT) regulations (49 CFR). Refers to all completed forms required to accompany hazardous materials. For example, shipping papers, certificates, emergency response information, or manifests.
Transport and dispose of all waste to a California Department of Toxic Substances Control (DTSC)/Environmental Protection Agency (EPA) permitted disposal facility.
Waste reduction and recycling consultation services including, waste minimization plans, Hazardous Material Business Plans, Storm Water Pollution Prevention Plans, and Spill Prevention Control and Countermeasure Plans.
3.3 Service Availability
Regular Service:
Contractor must be able to be onsite at REP/RPP2 to remove waste within 24 hrs. from initial call for regular waste pickup.
Emergency Response Service “Same day”:
Contractor must be available 24 hours a day, seven days a week to provide same day emergency response. Contractor must be able to be onsite at REP/RPP2 with equipment & crew within 2 hrs. from initial call for emergency waste pickup.
3.4 Certification
Contractor must be registered with the following entities and carry the listed permits / licenses required by each entity for handling, transporting, and disposing of hazardous waste:
California EPA
Federal EPA
Dept. of Toxic Substances Control (DTSC)
US Dept of Transportation (DOT)
Federal Motor Carrier Safety Administration (FMCSA)
3.5 Labor and Training
All Contractor labor, including Sub-contractors if applicable, must be trained to the appropriate level to respond to hazardous and non-hazardous waste removal service calls. Contractor will provide certificates and training records at the request of Roseville Electric Utility staff. Contractor labor personnel include, but are not limited to:
Operators
On Site Drivers
Project Managers
Technicians
EH&S Compliance Officers
Contractor is responsible for providing personnel who are trained in all of the required Cal-OSHA regulations for handling waste, and working in an industrial environment. Upon request from City, Contractor will provide evidence of employee training in these areas. These regulations will include, but are not limited to regulations involving the following:
Personal Protective Equipment
Fire Protection
Hazard Communication Programs
Confined Spaces
Control of Hazardous Energy
3.6 Equipment and Materials
Contractor must have the capacity to provide all equipment and materials required for onsite spill cleanup and waste removal, including but not limited to the proper separation, containerization, handling, storage, transport, and disposal of waste streams collected. Contractor must have the equipment, personnel, and ability to remove the waste without assistance from the REP/RPP2. This
includes providing sufficient recovery drums with appropriate labeling for containers onsite at REP and RPP2 locations, appropriate packaging, and adequate absorbent material for hazardous waste collected onsite. Acceptable Contractor equipment should consist of, but is not limited to:
Vacuum Trucks: No Sub-contractors for vacuum trucks. Must have minimum of two 150 Barrel Aluminum (5800 gallon capability) for non-hazardous liquid/sludge weighing > 8.5lb/per gal.
Trucks must have carbon filter system attached to truck. Pump Trucks: No Sub-contractors for pump trucks. Trucks must have three (3) compartments for pumping different waste streams and have lift gates for removing drummed waste at same time. E.R Truck & Trailer: No Sub-contractors for E.R Truck and trailers. Must be fully outfitted for caustic and oil spills, confined space entry.
Bin Truck and Bins: No Sub-contractors for bin trucks and bins. Drum Bob-Tail Truck: 48 drum capacity w/50k GVW weight capacity. Wet-Dry Guzzler
Front loader/ Backhoe/Excavator
3.7 Multiyear Agreements
The initial contract will be from date of award through 5 years. The Consultant receiving the contract award for the initial contract will retain that contract award throughout the life of the contract.
The initial contract will be awarded based on the prices determined through the initial contract negotiation process. The City is willing to re-negotiate out-year pricing (increases and/or decreases) based on market fluctuations. The pricing will be evaluated based on what the City deems to be fair and reasonable pricing. Any requests made by the Consultant for a price increase must be fully documented utilizing an appropriate Consumer or Producer Price Index or other relevant market data to justify a price change. In its request for price increases Consultant shall cite sources, specific conditions, and document how those conditions affect the cost. The City of Roseville is also willing to re-negotiate pricing if it is affected by catastrophic circumstances (example: unforeseen national/world crisis or acts of God).
Price adjustments will not be automatic. They must be mutually agreed upon by both the City and the Consultant. The City will review the proposed pricing and determine if it is allowable, fair, reasonable, and in the best interest of the City to extend the agreement.
4.0 ASSURANCE OF DESIGNATED PROJECT TEAM
Proposer shall assure that the designated project team, including sub-consultants or sub-contractors (if any), is used for this project. Departure or reassignment of, or substitution for, any member of the designated project team, sub-consultant(s) or sub-contractor(s) shall not be made without the prior written approval of the City.
5.0 PROPOSAL FORMAT REQUIREMENTS
Each response to this RFP shall include the information described in this section. Provide the information in the specified order. Failure to include all of the information specified may be cause for rejection. Additional information may be provided, but should be succinct and relevant to the goals of
this RFP. Any additional information that a proposing Consultant wishes to include that is not specifically requested should be included in an appendix to the proposal.
Consultants are encouraged to keep the proposals brief and to the point, but sufficiently detailed to allow evaluation of the project approach. Unauthorized conditions, omissions, limitations or provisions attached to a proposal may render the proposal non-responsive and may cause its rejection.
Proposers are warned against making erasures or alterations of any kind, without initialing each and every such change. Proposals that contain erasures or irregularities of any kind, without such initialing, or omissions, may be rejected.
If provided via regular mail, the proposal should be bound or contained in a loose leaf binder.
Document pages shall be 8-1/2 inches by 11 inches in size or folded to such a size. Use section dividers, tabbed in accordance with this section as specified below.
5.1 Cover Letter
A Cover Letter must be included with the following information:
Title of this RFP
Name and Mailing Address of Firm (include physical location if mailing address is a PO Box)
Contact Person, Telephone Number, Fax Number, and Email Address A statement that the submitting Consultant will perform the services and adhere to the requirements described in this RFP, including any addenda (reference the addenda by date and/or number).
5.2 Signature Requirements
The attached Proposer’s Certification (Attachment A) shall be executed by an official(s) legally authorized to bind the Consultant which states that the proposal is valid for ninety (90) days.
Include the executed copy of the Proposer’s Certification under Tab G. Note: This is ninety (90) days following the closing date for the receipt of all proposals.
Proposals submitted on behalf of a Partnership shall be signed in the firm name by a partner or the Attorney-in-Fact. If signed by the Attorney-in-Fact, there shall be attached to the proposal a Power-of-Attorney evidencing authority to sign proposals, dated the same date as the proposal and executed by all partners of the firm. Proposals which are submitted on behalf of a Corporation shall have the correct corporate name thereon and the actual signature of the authorized officer of the corporation written (not typed) below the corporate name. The title of the office held by the person signing for the corporation shall appear below the signature of the officer. Proposals which are submitted on behalf of a Limited Liability Company (“LLC”) shall be signed by the person or persons authorized to bind the LLC under the LLC’s articles of organization.
Proposals which are submitted by an Individual Doing Business under a firm name (“dba”) shall be signed in the name of the individual doing business under the proper firm name and style.
5.3 TAB A: Firm’s Qualifications
Provide a statement of your firm's qualifications for performing the requested services detailed in each section of the Scope of Services (3.1 – 3.6). Identify the services and/or equipment that would
be completed and/or provided by your firm's staff and those that would be completed and/or provided by Sub-contractors, if any. Identify any sub-consultants or sub-contractors you propose to utilize to supplement your firm’s staff. Include the firm’s organizational chart, including its constituent parts, and size variation of staffing levels in the past five (5) years
5.4 TAB B: Experience and References
Provide a summary of your firm’s experience in providing these or similar services. Provide a minimum of three (3) references for projects or services similar in nature and scope that your firm’s team members have completed in the last five (5) years. Include brief descriptions of the projects, dates, client names and contact persons’ names, addresses and telephone numbers. Public sector references are preferred.
5.5 TAB C: Qualifications of Team
Provide a brief summary of the role, qualifications and experience of each team member and designated project manager/lead assigned to this project, including length of service with the firm and the qualifications/experience of any sub-consultant or sub-contractor staff on your project team.
A project team organizational diagram and brief resume of each team member and the designated project manager/lead for each applicable category shall be included. The geographic location of the firm and key personnel shall also be identified. Any proposed sub-consultants or sub- contractors shall be listed. Include sub-consultant’s and sub-contractor’s assigned task(s) and experience. Full resumes may be included in the appendix.
5.6 TAB D: Project Understanding
Based on the available information, supplemental research, field observations, and experience with similar projects, provide a narrative describing your understanding of the services requested in this RFP, your general approach and any major challenges to achieving the City’s stated goals.
Include any issues that you believe will require special consideration for this project. Also identify any unique approaches or strengths that your firm may have related to this project. City staff will assess your understanding of all aspects of the project based on the overview.
5.7 TAB E: Project Plan
Provide a detailed discussion of your firm’s approach to the successful implementation of this project. Include thorough discussions of methodologies you believe are essential to accomplishing this project. Include a proposed work schedule to accomplish all of the required tasks within the desired timeline. Identify the staff who would be assigned to each task, including sub-consultants and sub-contractors. List any necessary equipment, training or installation services required.
5.8 TAB F: Safety Program
Provide a copy of your firm’s safety program. Additionally, provide the following supplemental data:
Your firm’s experience modification rate (“Ex-Mod”). If your firm is currently rated between a 1.0 and 1.25, include an explanation. Firms above a 1.0 may not receive any or full credit for the safety component of the RFP evaluation scoring. If your firms rating is greater than a 1.25, you may be unqualified for consideration of award of this contract. A listing of all OSHA citations and descriptions of each. Incident rates for the last three years.
5.9 TAB G: Cost Proposal
Provide a cost proposal with breakdown for all labor (by hour), transportation (by hour and vehicle type), and disposal costs of hazardous and non-hazardous waste. The costs shall be broken down into the following categories on a per unit basis. An estimate only of the volume for each category for disposal is included. This is not a guaranteed volume. Non-Hazardous Waste (Including Sampling & Analytical costs) – 40,000 gallons Non-RCRA Hazardous Waste Liquid – 10,000 gallons
o RO Water (per gallon): pH between 4-9 & 0-75k mg/l -"TDS" o RO Slurry (per gallon): <30% TSS Slurry
o RO Slurry (per gallon): >30% TSS Sludge
o Brine Tank (per gallon): >80% solids
Non-RCRA Hazardous Waste Solids – 1, 15-gallon drum of oils rags/month RCRA Hazardous Waste – 5,000 gallons
The submitted proposal shall also include per unit costs of material such as:
Absorbent Sweep
Absorbent “pigs”
Absorbent pads
Spill drums
5.10 TAB H: Required Statements/Documents
Include statements of assurance regarding the following requirements in the proposal:
Non-substitution for the designated members of the team without approval by City staff (Section 4.0)
The absence of a conflict of interest (Section 9.4)
Indicate your ability and agreement to fulfill the indemnification and insurance requirements contained in the sample contract (Section 9.7). (Please note that actual certificates of insurance are not required as part of your submittal.) A statement that nothing contained in the submitted proposal will be proprietary. (Section 9.23)
Submit the following documents with proposal:
Proof of registration with California Secretary of State. Note: All proposers must be registered with the Secretary of State or have a valid exemption by the time of award. Executed copy of Proposer’s Certification (Attachment A) Levine Act Disclosure Statement Form (Attachment B)
Contractor Licenses (Attachment C)
Subcontractor List (Attachment D)
Executed copy of Non-collusion Declaration (Attachment F)
5.11 TAB I: Exceptions
Describe any and all proposed exceptions, alterations or amendments to the Scope of Services or other requirements of this RFP, including the Sample Contract (Attachment E). The nature and scope of your proposed exceptions may negatively affect the evaluation of your submittal and the City’s determination of whether it is possible to successfully negotiate a contract with your firm.
5.12 TAB J: Competency of Proposers
The City wants to ensure that the successful Consultants has the necessary facilities, ability, experience, and financial resources to provide the services specified herein in a satisfactory and timely manner. Please list and explain any pending bankruptcies, liens, stop payment notices, judgments, lawsuits, arbitrations, mediations, foreclosures, and any similar actions filed or resolved in the past seven (7) years. Please indicate whether a client has ever terminated a contract with your firm for breach, and if so, please explain. Also, furnish a statement of financial resources demonstrating that the Consultant has the ability to maintain a staff of regular employees, sub-consultants or sub-contractors adequate to insure continuous performance of work, and demonstrating that the equipment for the work contemplated is sufficient, adequate and suitable.
6.0 SUBMITTAL INSTRUCTIONS
6.1 Your submittal package shall include the following:
One (1) original and four (4) printed copies of your proposal; and One (1) electronic copy of your proposal in PDF format on CD, flash drive or other electronic media
OR
If submitting your proposal via electronic mail, then send one (1) copy of the proposal to [email protected]. The file size limit is 25 megabytes.
6.2 Proposals shall be submitted not later than the time and date indicated on the cover page of this RFP. If mailing the proposal, then it shall be submitted in a sealed envelope or container and clearly marked with the RFP title on the outside of the parcel. Complete and attach the “Sealed Proposal” label (Attachment H) to the outside of the envelope or package containing your proposal.
6.3 If submitting electronically to [email protected], please keep attachments under 25mb and do not include a compressed file (zip, rar, etc) as these may not be properly delivered.
Once the email is sent with the proposal attached, please send an additional email to the same email address with no attachments letting the City Clerk know that the proposal was sent in a separate email. This will allow the City Clerk to confirm if the proposal email with attachments was received or not to help avoid emails and/or attachments being blocked and the City Clerk not knowing they were potentially blocked.
6.4 If submitting electronically, please include “RFP 07-121” at a minimum in all email subject line correspondence.
6.5 Proposals shall be delivered to:
City of Roseville
Attn: City Clerk Department
311 Vernon Street
Roseville, CA 95678
Or electronically mailed to: [email protected]
6.6 The City shall not be responsible for proposals delivered to a person or location other than that specified herein.
6.7 Postmarks will not be accepted and proposals received after the deadline date and time will not be accepted or considered. No exceptions.
6.8 The City reserves the right to waive minor defects and/or irregularities in proposals, and shall be the sole judge of the materiality of any such defect or irregularity.
6.9 All costs associated with proposal preparation shall be borne by the proposer.
6.10 Department of Industrial Relations Contractor Regi stration: No contractor or subcontractor may be listed on a proposal for or work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The Contractor shall provide proof of current registration with the Department of Industrial Relations for both itself and all listed subcontractors with their proposal. The Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
7.0 EVALUATION CRITERIA
The following evaluation criteria and rating schedule will be used to determine the most highly qualified firm(s).
Evaluation Criteria
Maximum
Points Possible
A. Experience and qualifications of firm and proposed
staff/sub-consultants/sub-contractors
(per Sections 5.3 - 5.5) 25
B. Understanding of the Project – Proposed Project Plan (per Section 5.6 – 5.7) 25
C. Firm’s Safety Program
(per Section 5.8) 25
D. Proposed Cost
(per Section 5.9) 25
Total Possible Points: 100
8.0 SELECTION PROCESS
8.1 Award of the RFP shall be made to the responsible proposer whose proposal is determined, through a formal evaluation panel process, to be the most advantageous to the City after the evaluation panel has taken into consideration the evaluation factors set forth in the RFP. A master averaged score sheet shall be created based on the evaluation panel’s initial evaluation.
Proposals shall be scored according to the criteria stated in the RFP.
8.2 Proposals submitted will be reviewed by a selection committee. Consultants that have submitted the best and most complete proposals may be invited to an interview. The number of Consultants invited to an interview may vary depending upon the number of proposals submitted.
8.3 Should the City elect to conduct interviews with any proposers, the following criteria shall be considered and each proposer ranked by the evaluation panel during the interview process: a) Quality of presentation, b) Ability to meet the City’s business goals, c) Communication style.
8.4 The City reserves the right to make a selection after review of the proposals without oral interviews; therefore, the proposal should be submitted initially on the most favorable terms that the Consultant might propose.
8.5 A contract will be negotiated with the Consultant considered best meeting the City’s need for this project. In the event a mutually satisfactory contract cannot be negotiated with the City’s first choice, negotiations may be terminated and commenced with the Consultant considered next best in meeting the City’s needs for this particular project.
8.6 The selected Consultant will be required to execute a City prepared contract. The contract may further refine the scope of services and will provide for the terms and conditions of employment.
8.7 The award of any contract is expressly contingent upon City Council approval and the availability of funds. City staff may not legally bind the City to a contract.
8.8 The City reserves the right to reject any or all proposals, or to waive minor irregularities in said proposals, or to negotiate minor deviations with the successful Consultant(s). In the case of differences between written words and figures in a proposal, the amount stated in written words shall govern. In the case of a difference in unit price versus the extended figure, the unit price shall govern.
8.9 The City reserves the right to seek clarification on any or all proposal submittals to ensure the RFP specifications are met. Proposals may be rejected from any proposer who does not comply with the City’s request for clarification.
8.10 Once a decision has been made to award the contract, then a formal notice of the intent to award to the recommended proposer(s) shall be made by the Department.
8.11 A City of Roseville business license as well as all applicable permits, licenses and certifications required by local, state or federal law are required before the award of contract.
9.0 GENERAL TERMS & CONDITIONS
9.1 Standard Contract
Upon completion of the evaluation and recommendation for award, the selected Consultant will be required to execute an agreement prepared by the City, a sample of which is included as Attachment E.
9.2 Independent Contractor
At all times the Consultant shall represent himself/herself to be an independent contractor offering such services to the general public and shall not represent himself/herself, or his/her employees, to be an employee of the City. Therefore, the Consultant shall assume all legal and financial responsibility for taxes, FICA, employee fringe benefits, workers’ compensation, employee insurance, minimum wage requirements, overtime, etc., and agrees to indemnify, save, and hold the City, its officers, agents, and employees, harmless from and against, any and all loss, cost (including attorneys’ fees), and damage of any kind related to such matters.
9.3 Non-Appropriation
The City may terminate any resulting contract at the end of any fiscal year, June 30th, without further liability other than payment of debt incurred during such fiscal year, should funds not be appropriated by its governing body to continue services for which the contract was intended.
9.4 Conflict of Interest
The Consultant shall warrant that no official or employee of the City has an interest, has been employed or retained to solicit or aid in the procuring of the resulting contract, nor that any such person will be employed in the performance of such contract without immediate divulgence of such fact to the City. Consultants submitting a proposal in response to this RFP must disclose any actual, apparent, direct, indirect, or potential conflicts of interest that may exist with respect to the Consultant or the Consultant’s management or employees relative to the services to be provided to the City. Conflict of interest issues may require consultation with legal counsel. If a Consultant has no conflicts of interest, a statement to that effect must be included in the proposal.
Violation of this section shall be a material breach of the contract entitling the City to any and all remedies by law or in equity.
9.5 Undue Influence
The Consultant shall warrant via an executed Proposer’s Certification (Attachment A) that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award or terms of the contract that will be executed as a result of this RFP, including any method of coercion, confidential financial arrangement or financial inducement. No officer or employee of the City shall receive compensation, directly or indirectly, from the Consultant, or from any officer, employee or agent of the Consultant, in connection with the award of the contract or any work to be conducted as a result of this RFP.
Violation of this section shall be a material breach of the contract entitling the City to any and all remedies by law or in equity.
9.6 Non-Collusion
Consultant submitting proposals shall warrant via an executed Proposer’s Certification (Attachment A
) that their offer is made without any previous understanding, agreement or connection with any person, firm or corporation submitting a separate proposal for the same project and is in all respects fair, without outside control, collusion, fraud or otherwise illegal action. This condition shall not apply to proposals which are submitted by firms who have partnered with others to submit a cooperative proposal that clearly identifies a primary consultant and the associated sub-consultants or sub-contractors. Proposers shall also submit a properly completed and executed “Non-collusion Declaration” which is attached as Attachment F.
Additionally, the Contractor shall provide a completed Levine Act Disclosure Statement Form (Attachment B). A party to a proceeding before an agency involving a license, permit, or other entitlement for use, including contracts not competitively bid and awarded to the lowest
responsible bidder with a responsive bid shall disclose on the record of the proceeding any contribution in an amount of more than two hundred fifty dollars ($250) made within the preceding 12 months by the party or the party's agent to a City official/campaign. (Gov. Code, § 84308.) For additional information:
https://www.roseville.ca.us/government/departments/city_clerk/transparency/levine_act.
9.7 Indemnification & Insurance Requirements
The City’s standard indemnification and insurance requirements are provided in the sample contract, included in Attachment E. All costs of complying with the insurance requirements shall be as included in your pricing. The selected Consultant shall provide complete and valid insurance certificates within ten (10) days of the City’s written request. Failure to provide the documents within the time stated may result in rejection of the Consultant’s proposal. If a proposer takes exception to the indemnification and insurance requirements, then the nature and scope of the proposed exceptions may negatively affect the evaluation of that proposer’s submittal and the City’s determination of whether it is possible to successfully negotiate a contract with that firm. Submitting exceptions are at the proposer’s own risk.
9.8 Cost of Preparing Proposal
The City will not pay any costs incurred by any Consultant in preparing or submitting a proposal in response to this RFP.
9.9 Proposals Property of the City
All documents or materials submitted with or in conjunction with any proposal, including but not limited to electronic files, shall become the property of the City after the proposal submission deadline. No submission documents will be returned. During negotiations, the scope of services may be amended by the City and negotiated based upon ideas provided by other proposers or any other source.
9.10 Proposals are Public Records
All proposals submitted are subject to the public disclosure requirements under the laws of the State of California, unless the City identifies and exercises a right or obligation to exempt any record from public disclosure. However, proposals will not be disclosed until negotiations are complete and a recommendation for selection and award is made.
9.11 Protests
(a) Protest Requirements
(1) Any proposer who is aggrieved in connection with the solicitation or award of a contract may file a protest with the City Clerk’s office. The protest must be received in writing by the City Clerk’s office within seven (7) calendar days after such aggrieved proposer 1) knows or should have known of the facts giving rise thereto or 2) the date of the notice of intent to award, whichever is sooner. In no event shall a protest be allowed after an award has been made by City Council. If the seventh calendar day falls on a weekend or City holiday, the protesting party may submit the protest prior to close of business on the first business day following such weekend or holiday. Failure to submit a timely protest shall bar consideration of a protest.
(b) Grounds for Protest
(1) The alleged grounds for protest shall be limited to the following: (a) computation errors, (b) violations of local, state, or federal law, or (c) the City failed to follow the procedures specified in this Policy.
(2) The protest shall state all grounds claimed for the protest and include supporting documentation. Failure to clearly state the grounds for the protest and provide supporting documentation shall be deemed a waiver of all protest rights.
(c) Administrative Review
Upon receipt of the protest and after determining the protest was properly filed, the Department Director shall provide a copy of the protest to other proposers who might become aggrieved as a result of the protest and issue a written decision within fourteen (14) calendar days after receipt of the protest. The protest will be evaluated by the Department Director, the City Attorney’s Office, and the Purchasing Manager. The protesting proposer shall promptly provide any information requested by City staff as part of such investigation.
The decision shall either deny or uphold the protest and include reasons for the decision. The written decision shall be final.
(d) Stay of Action During a Protest
In the event a protest is filed under Section 10.11, the City shall not proceed further with the award of the contract until the protest is resolved, unless:
(1) The City Manager or designee makes a determination that the award of the contract without delay is necessary to protect a substantial interest of the City, or (2) The City decides to reject all proposals and issue a new RFP.
9.12 Rejection of RFP
The City reserves the right to reject any or all proposals, to waive defects or irregularities in any proposal or in the RFP process, and to offer to negotiate or contract with any Consultant in response to any RFP. This RFP does not constitute any form of offer to contract.
9.13 Multiple Awards
The City reserves the right to award the contract to multiple contractors when applicable.
9.14 Increasing/Decreasing Portions of RFP
The City reserves the right to increase or decrease the amount of any portions of the work represented in the RFP and/or to omit portions of said work, as may be deemed necessary by the City.
9.15 Rejection as Non-Responsive
Proposals may be rejected as non-responsive at the City’s sole discretion if there are alterations of form, the proposal is conditional or the proposal is incomplete.
9.16 Modifying RFP
The City reserves the right to modify any portion of, or to postpone or cancel this RFP at any time, and/or reject any and all submissions without indicating any reason.
9.17 If no proposal is accepted:
The City may elect to have the services performed in some other manner.
9.18 Rejecting Team Members, Firms or Sub-consultants
The City reserves the right to reject individual team members, firms, sub-consultants or sub- contractors and request substitution prior to contract award.
9.19 Local Business, Small Business, Minority and Women Owned Business Although no preferences will be given, the City highly encourages submission of proposals by local businesses, by small business owners, and by minority and women-owned businesses
9.20 Withdrawal of Proposals
Proposals may be withdrawn prior to the date and time specified for proposal submission with a formal written notice by an authorized representative of the proposer delivered to the City Clerk’s Office. Proposals submitted will become property of the City after the proposal submission deadline.
Proposals may not be withdrawn for ninety (90) days after the due date unless the City enters into a contract with another Consultant prior to the expiration of that ninety (90) day period.
9.21 Prohibited Transmittals
No telephone or facsimile proposals will be accepted. If a photocopy is submitted, the proposal must be signed in ink.
9.22 Proposal Postponement and Amendment
The City reserves the right to revise or amend the RFP or specifications up to the time set for opening of the proposals. Such revisions and amendments, if any, shall be announced by amendments to this RFP through the City’s web site. Copies of such amendments shall be furnished to all prospective proposers. Prospective proposers are defined as those proposers who have registered and are on the City’s RFP list for this service. If revisions and amendments require changes in quantities, prices or scope of services, the date set for opening of the proposals may be postponed by such number of days as in the opinion of the City shall enable proposers to revise their proposals. Proposals which fail to acknowledge a substantive addendum to the RFP, as determined by the City Attorney’s Office, on the City supplied addendum form will be rejected as non-responsive. Any revisions or amendments to the RFP will become incorporated into any contract awarded pursuant to the RFP.
9.23 Proprietary Information
Proposers submitting a proposal in response to this RFP must provide a statement that nothing contained in the submitted proposal will be proprietary. However, if a proposer desires to claim a privilege against public disclosure for a trade secret or other proprietary information, such information must be submitted with the proposal in a separate envelope marked “confidential.” The City Attorney’s Office will determine if the information is in fact proprietary, based on state and federal law. Note that under California law, a price proposal to a public agency is not a trade secret. The Consultant shall defend, indemnify and hold harmless the City regarding any claim by any third party for the public disclosure of the “confidential” portion of the proposal.
9.24 Right to Request Additional Information
During the evaluation process, the City reserves the right, where it may serve the best interests of the City, to request additional information and clarifications from proposers. Such information will be requested in writing to the specific proposer. This information will become a part of the original proposal submitted by the specific proposer and will be used by the City in evaluating
the proposal and will not be shared with other proposers during the evaluation and negotiation process.
9.25 Modification of Proposals
Modification of a proposal already received will be considered only if the modification is received prior to the deadline date for receiving proposals. All modifications shall be made in writing, executed, and submitted in the same form and manner as the original proposal.
9.26 Examination of Contract Documents
Each proposer shall thoroughly examine and be familiar with the terms of this RFP, the sample contract attached as Attachment E, legal and procedural documents, general conditions, specifications, and addenda (if any), which will constitute the contract documents. Submission of a proposal shall constitute acknowledgement, upon which the City may rely, that the proposer has thoroughly examined and is familiar with the contract documents. Failure or neglect of a proposer to receive or examine any of the contract documents shall in no way relieve the proposer of any obligation with respect to their proposal or to the contract. No claim for additional compensation will be allowed which is based upon lack of knowledge of any contract document.
9.27 Non-Discrimination
The City maintains various policies related to contractual service providers. Among these is an anti-discrimination policy, which requires that the City’s contractors not discriminate in hiring on the basis of gender, race, religion, sexual orientation, medical condition, and all other categories protected by law. Upon acceptance of a proposal, the City may request that the selected Consultant sign a statement affirming its compliance with this policy.
9.28 No Assignment or Modifications
This awarded contract is to be binding on the successors and assigns of the parties hereto. The services called for herein are deemed unique and except as provided herein Consultant shall not assign, transfer, subcontract, or otherwise substitute its interest in the agreement or any of its obligations herein without the written consent of the City. The Agreement may be modified only by a written amendment signed by the parties.
9.29 Bankruptcy
Upon filing for any bankruptcy or insolvency proceeding whether voluntary or involuntary, or upon the appointment of a receiver, trustee, or assignee for the benefit of creditors, the Consultant must notify the City immediately. Upon learning the actions herein identified, the City reserves the right, at its sole discretion, to cancel the contract.
9.30 Debarment
Consultant certifies that Consultant, its employees, directors, officers, agents, subcontractors, vendors, consultants, and volunteers are not presently debarred, excluded, suspended, declared ineligible, voluntarily excluded, or proposed for debarment, exclusion, suspension or ineligibility by any federal, state, or local department or agency.
10.0 ATTACHMENTS
Index of Attachments Included in this RFP Below:
Attachment A: Proposer’s Certificate
Attachment B: Levine Act Disclosure Statement
Attachment C: Contractor Licenses
Atatchment D: Subcontractor List
Attachment E: Sample Contract
Attachment F: Non-collusion Declaration
Attachment G: Assembly Bill No. 626
Attachment H: Proposal Seal
Attachments to be Provided by Vendor:
Attachment I: California Secretary of State Registration
Attachment A
PROPOSER’S CERTIFICATION
I hereby propose to furnish the goods or services specified in the Request for Proposals (“RFP”). I agree that my proposal will remain firm for a period of up to ninety (90) days in order to allow the City of Roseville (“City”) adequate time to evaluate the qualifications submitted.
I have carefully examined the Request for Proposals and any other documents accompanying or made a part of this RFP. The information contained in this proposal is true and correct to the best of my knowledge and is signed under penalty of perjury under the laws of the State of California. I further certify that I am duly authorized to submit this proposal on behalf of the firm as its authorized agent and that the firm is ready, willing and able to perform if awarded the contract.
I further certify that this proposal is made without prior understanding, agreement, connection, discussion, or conspiracy with any other person, firm or corporation submitting a proposal for the same product or service; that this proposal is fair and made without outside control, collusion, fraud or illegal action; that no officer, employee or agent of the City or any other proposer is financially interested in said proposal; that no undue influence or pressure was used against or in concert with any officer, employee or agent of the City in connection with the award or terms of the contract that will be executed as a result of this RFP; and that the undersigned executed this Proposer’s Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so.
_________________________________________________
NAME OF BUSINESS
_________________________________________________
SIGNATURE
_________________________________________________
NAME & TITLE, TYPED OR PRINTED
_________________________________________________
MAILING ADDRESS
_________________________________________________
TELEPHONE NUMBER
_________________________________________________
EMAIL
Type of Organization:
____ Sole Proprietorship ____ Corporat ion ____ State of Incorporation
________ Partnership ____Limited Liability Company
Attachment B
LEVINE ACT DISCLOSURE STATEMENT
(The completed form submitted to the City of Roseville is a public record.) California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits any “Officer” (elected or appointed officer, any alternate thereto, and any candidate for elective office) fro m participating in any consideration or action related to a pr oceeding if they receive political contribution(s) from a party, or its agent(s), totaling mo re than $250 with in the previous twelve (12) month s, while a proceeding is pending, and for twelve (12) months following the date of a final decision in a proceeding concerning a license, permit, other entitlement for use, franchise, or contract (collectively “ license, permit, or contract”). For additional information:
https://www.roseville.ca.us/government/departments/city_clerk/transparency/levine_act.
City Officers are listed at the following sites:
The Members of City Council - https://www.roseville.ca.us/government/city_council/meet_council Boards & Commission Members - https://www.roseville.ca.us/government/boards_commissions Parties and their Agents are responsible for reviewing and disclosing their applicable contributions to City Officers on the record of a proceeding.
1. Have you or your entity, or any agent on behalf of you or your entity, made any political contribution(s) totaling more than $250 to any City Officer in the twelve (12) months preceding the date of the submission of your license, permit, or contract, or the anticipated date of any City Council, Board, or Commission consideration or action related to this license, permit, or contract?
YES _____ NO _____
If yes, please identify the City Officer(s):________________________________________________________________________________
2. Do you or your entity, or any agent on behalf of you or your entity, anticipate or plan to make any political contribution(s) totaling more than $250 to any City Officer in the twelve (12) months following any City Council, Board, or Commission consideration or action rel ated to this license, permit, or contract?
YES _____ NO _____
If yes, please identify the City Officer(s):_______________________________________________________________________________
Answering yes to either of the two questions above does not preclude the City of Roseville from considering and/or taking action on a license, permit, or contract. It does, however, potentially preclude the identified City Officers from participating in consideration of and in taking any actions related to the license, permit, or contract. Please accurately complete and sign this form, under the penalty of perjury:
____________ ___________________________________________ _______________________________________ (Date) (Printed Name/Title of Authorized Re presentative) (Name of business/legal entity)
___________________________________
(Signature)
You must submit a supplemental form if you make any new reportable contribution(s) while the contract, license, permit, or other entitlement is being considered. If this form has not previously been submitted in connection with a contracting, licensing, entitlement or permitting process, please provide the completed form to the Office of the City Clerk for appropriate departmental routing, at: City Clerk, 311 Vernon St., Roseville, CA 95678, [email protected]
LEVINE ACT DISCLOSURE STATEMENT
(The completed form submitted to the City of Roseville is a public record.)
Term Definition Law
Covered
"proceedings"
A proceeding to grant, deny, revoke, restrict, or modify a license, permit or other entitlement for use, that does not solely involve purely ministerial decisions and is:
(1) Applied for by the party;
(2) Formally or informally requested by the party; or
(3) A contract between the agency and the party or a
franchisee granted by the agency to the party, other than a contract that is competitively bid, a labor contract, or a personal employment contract.
FPPC Reg 18438.2(a)
Party
Any person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use.
Gov. Code 84308(a)(1)
Participant
Any person who is not a party but who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use and who has a financial interest in the decision. A person actively supports or opposes a particular decision in a proceeding if that person lobbies in person the officers or employees of the agency, testifies in person before the agency, or otherwise acts to influence officers of the agency.
Gov. Code 84308(a)(2)
FPPC Reg 18438.4
Agent
A person who represents a party or participant for
compensation and appears before or otherwise communicates with the governmental agency for the purpose of influencing the pending proceeding. See FPPC Reg 18438.3 for exceptions for certain consultants.
FPPC Reg 18438.3
Competitively Bid
A contract required by law to be awarded to the lowest
responsible bidder with a responsive bid, or, if the successful bidder refuses or fails to execute the contract, to the next lowest bidder with a responsive bid.
FPPC Reg 18438.2(a)(3)(A)
Labor Contract
A contract or agreement reached through collective bargaining or with a representative group regarding the salary, benefits, or terms and conditions under an employment or retirement
policy for employees or retirees, including a project labor agreement entered under Public Contract Code Section 2500.
FPPC Reg 18438.2(a)(3)(B)
Personal Employment
Contract
A contract for employment, including the terms and conditions of employment, between the agency and an agency employee.
A contract with an independent contractor is NOT a personal employment contract.
FPPC Reg 18438.2(a)(3)(C)-
(D)
A party to a proceeding before an agency involving a license, permit, or other entitlement for use shall disclose on the record of the proceeding any contribution in an amount of more than two hundred fifty dollars ($250) made within the preceding 12 months by the party or the party's agent.
A party, or agent to a party, to a proceeding involving a license, permit, or other entitlement for use pending before any agency or a participant, or agent to a participant, in the proceeding shall not make a contribution of more than two hundred fifty dollars ($250) to any officer of that agency during the proceeding and for 12 months following the date a final decision is rendered by the agency in the proceeding.
(Gov. Code, § 84308, emphasis added.)
Attachment _C__
CONTRACTOR LICENSES
List the licenses held by your company and/or employees. The following representations are made under penalty of perjury:
CA State Lic. No. Name on Licens e Class/Type Expiration Date _________ _____________ _________ _________
_________ _____________ _________ _________
_________ _____________ _________ _________
_________ _____________ _________ _________
Do you have a City of Roseville Business License? Yes____ No____
License #____________
*For Public Works Projects (SB854): Contractors must register with the Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5. The Contractor shall provide proof of current registration with the Department of Industrial Relations for both itself and all listed subcontractors with their proposal. Contractors may register at: http://www.dir.ca.gov/public-works/publicworks.html
DIR contractor registration number and expiration date:
*____________________________________________
Attachment _D__
SUBCONTRACTOR LIST
If subcontractors will not be used, proposer must write "NONE". For construction contracts, in accordance with the Public Contract Code, Part 1, Chapter 4, Subletting and Subcontracting, Contractors must list the name and business address of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or who will specially fabricate and install a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent (0.5%) of the prime contractor’s total bid, or in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) of the prime contractor’s total bid or ten thousand dollars ($10,000) whichever is greater.
Company Name _________ ________________________________________ Principal _______________ __________________________________ Address _______________ __________________________________ City __________________ _______________________________ Phone _______________ __________________________________ Job capacity _______________ __________________________________ Percentage of total work _________________________________________________ Licenses and numbers ______ ___________________________________________ DIR Contractor Registration Number & Expiration Date __________________________
Company Name _________ ________________________________________ Principal _______________ __________________________________ Address _______________ __________________________________ City __________________ _______________________________ Phone _______________ __________________________________ Job capacity ________________________ _________________________ Percentage of total work _________________________________________________ Licenses and numbers ______ ___________________________________________ DIR Contractor Registration Number & Expiration Date __________________________
Company Name _________ ________________________________________ Principal _______________ __________________________________ Address _______________ __________________________________ City __________________ _______________________________ Phone _______________ __________________________________ Job capacity ________________________ _________________________ Percentage of total work _________________________________________________ Licenses and numbers ______ ___________________________________________ DIR Contractor Registration Number & Expiration Date __________________________
Company Name _________ ________________________________________ Principal _______________ __________________________________ Address _______________ __________________________________ City __________________ _______________________________ Phone _______________ __________________________________ Job capacity ________________________ _________________________ Percentage of total work _________________________________________________ Licenses and numbers ______ ___________________________________________ DIR Contractor Registration Number & Expiration Date __________________________
Company Name _________ ________________________________________ Principal _______________ __________________________________ Address _______________ __________________________________ City __________________ _______________________________ Phone _______________ __________________________________ Job capacity ________________________ _________________________ Percentage of total work _________________________________________________ Licenses and numbers ______ ___________________________________________ DIR Contractor Registration Number & Expiration Date __________________________
Attachment E
SAMPLE CONTRACT
***Please download Attachment E – Sample Contract from PublicPurchase***
Attachment F
NONCOLLUSION DECLARATION TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
The undersigned declares:
I am the _________________ of ______________________, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _______________________ [date], at _____________________ [city], ________________ [state].
____________________________________
( S i g n a t u r e o f D e c l a r a n t )
Attachment _G__
Assembly Bill No. 626
CHAPTER 810
An act to add and repeal Section 9204 of the Public Contract Code, relating to public contracts.
[Approved by Governor September 29, 2016. Filed with
Secretary of State September 29, 2016.]
LEGISLATIVE COUNSEL'S DIGEST
AB 626, Chiu. Public contracts: claim resolution.
Existing law prescribes various requirements regarding the formation, content, and enforcement of state an d local public contracts. Existing law applicable to state public contracts generally requires that the resolution of claims related to those contracts be subject to arbitration.
Existing law applicable to local agency co ntracts prescribes a process for the resolution of claims related to those contracts of $375,000 or less.
This bill would establish, for contracts entered into on or after January 1, 2017, a claim resolution proce ss applicable to any claim by a contractor in connection with a public works project. The bill would define a claim as a separate demand by the contractor for one or more of the following: a time extension for relief from damages or penalties for delay, payment of money or damages arising from work done pursuant to the contract for a public work, or payment of an amount disputed by the public entity, as specified.
This bill would require a public entity, defined to exclude certain state entities, upon receipt of a claim sent by registered or certified mail, to review it and, within 45 days, provide a written statement identifying the disputed and undisputed portions of the claim. The bill would authorize the 45-day period to be extended by mutual agreement. The bill would require any payment due on an undisputed portion of the claim to be processed within 60 days, as specified. The bill would require that the claim be deemed rejected in its entirety if the public entity fails to issue the written statement.
This bill would authorize, if the claimant disputes the public entity ’s written response of if the public entity fails to respond to a claim within the time prescribed, the claimant to demand to meet and confer for settlement of the issues in dispute. The bill would require any disputed portion of the claim that remains in dispute after the meet and confer conference to be subject to nonbinding mediation, as specified. The bill would provide that unpa id claim amounts accrue interest at 7% per annum. The bill would prescribe a procedure by which a subcontractor or lower tier contractor may make a claim through the contractor.
This bill would require the text of these provisions, or a summary, to be set forth in the plans or specifications for any public work which may give rise to a claim. The bill would specify that a waiver of these rights is void and contrary to public policy, except as specified. The bill would also specify that it does not impose liability on a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
By increasing the duties of local agencies and officials, this bill would impose a state-mandated local program.
This bill would, on January 1, 2020, repeal the provision establishing the claim resolution process.
This bill would specify that these provisions constitute a matter of statewide concern.
The California Constitution requires the state to reimburse local agencies and school dist ricts for certain costs ma ndated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
The people of the State of California do enact as follows:
SECTION 1. Section 9204 is added to the Public Contract Code, to read: 9204. (a) The Legislature find s and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article
1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) "Claim" means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project.
(B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.
(C) Payment of an amount that is disputed by the public entity.
(2) "Contractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) "Public entity" means, wit hout limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public co rporation, or no nprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B) "Public entity" shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department.
(ii) The Department of Transpor tation as to any project under the jurisdiction of that department.
(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department.
(vi) The Department of General Services as to all other projects.
(vii) The High-Speed Rail Authority.
(4) "Public works project" means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.
(5) "Subcontractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct
contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies sh all conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim.
(C) If the public entity n eeds approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.
(D)
Any payment due on an undisputed portion of the claim
shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2) (A) If the claimant disputes the public entity's written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return recei pt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is u ndisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the pu blic entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified i n w r i t i n g . If the parties cannot agree upon a mediator, each pa rty shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral me diator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board , in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties' dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods de scribed in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its en tirety. A claim that is denied by reason of the public entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim.
Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented
the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section.
(f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017.
(h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
SEC. 2. The Legislature finds and declares that it is of statewide concern to require a charter city, charter county, or charter city and county to follow a prescribed claims resolution process to ensure there are uniform and equitable procurement practices.
SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
Attachment H
City of Roseville
Request for Proposals RFP 07-121
Due March 31, 2026
Roseville Electric Utility - Generation Division
Hazardous & Non-Hazardous Waste Disposal
ADVANCED CHEMICAL TRANSPORT, LLC
6940 Tremont Road
Dixon, CA 95620
T: 800.559.3274
March 30, 2026
City of Roseville
Attn: City Clerk Department
311 Vernon Street
Roseville, CA 95678
RE: RFP 07-121 - Roseville Electric Utility | Generation Division Hazardous & Non-Hazardous Waste Disposal
Dear City of Roseville Selection Committee,
The City of Roseville depends on uninterrupted, compliant waste management to support the safe and reliable operation of (City) its Generation facilities, and as the incumbent contractor, Advanced Chemical Transport LLC (dba ACTenviro), a Republic Services Company has consistently delivered that outcome, on the ground, and on-call.
ACTenviro is pleased to submit our proposal in response to RFP 07-121 - Roseville Electric Utility, Generation Division Hazardous & Non-Hazardous Waste Disposal. Our proposal is grounded in direct, hands-on experience supporting the City’s Generation Division, a clear understanding of REP and RPP2 operational demands, and a renewed commitment to responsiveness, accountability, and partnership.
Throughout our current contract, we have successfully provided hazardous and non-hazardous waste identification, labeling, collection, transportation, and disposal across the City’s Generation facilities, transportation yard, and municipal locations. Our work has included water separator and oily water clean-outs, confined space services, emergent hazardous waste response, and regulated waste transportation, all performed in full compliance with applicable DTSC, EPA, DOT, and CAL-OSHA requirements. Most importantly, this work has been completed with zero disruption to plant operations and no reliance on subcontracted critical equipment.
Our incumbent role provides the City with a level of experience and institutional knowledge that directly aligns with the RFP’s evaluation criteria:
Proven familiarity with REP and RPP2 waste streams, site layouts, and safety pro- tocols.
Demonstrated ability to meet or exceed 24-hour regular service and 2-hour emer- gency response requirements.
Trained personnel and dedicated equipment capable of supporting confined space entry, industrial environments, and emergency conditions.
A Safety-first culture that prioritizes worker protection, regulatory compliance, and operational continuity.
6940 Tremont Road
Dixon, CA 95620
T 800.559.3274
COVER LETTER
Sincerely,
Todd Marti, Vice President (Authorized Signatory)
ACTenviro, a Republic Services Company
[email protected]
ACTenviro hereby affirms that it will perform all services and adhere to all requirements described in RFP 07-121, including Addendum No. 1 dated 03/10/2026
We also want to directly address the City’s prior concerns regarding responsiveness. There was a period during the current contract when communication did not meet the City’s expectations. This was the result of a temporary personnel transition that created a lag in internal support, and we recognize the impact that had on City staff.
We take responsibility for that gap—and we fixed it.
Our organization has since fully staffed and stabilized the support structure serving the City, implemented clearer lines of responsibility, and reinforced response and follow-up protocols to ensure timely communication and accountability. These changes are permanent, operationally embedded, and already in effect. The result is a more responsive, reliable, and proactive service model that aligns with the City’s expectations and the critical nature of Generation Division operations.
This proposal reflects not only our qualifications, safety record, and cost competitiveness, but also our commitment to being a trusted, responsive partner to Roseville Electric Utility. We understand that performance is measured not just by technical capability, but by communication, consistency, and follow-through, and we are prepared to be evaluated—and held accountable—accordingly.
We appreciate the opportunity to continue supporting the City of Roseville and look forward to strengthening our working relationship through consistent performance, clear communication, and reliable service.
Per RFP requirements: Active Secretary of State Registration provided below.
For all communication
related to this proposal,
please contact:
Dan Wildeman, Regional
Sales Executive - ES |
dwildemanrepublicservices.
com | C: 369-200-7950 |
Fax: N/A
Address: 6940 Tremont
Road, Dixon, CA 95620
6940 Tremont Road
Dixon, CA 95620
T 800.559.3274
COVER LETTER CONT.
City of Roseville | Request for Proposal RFP 07-121
Hazardous & Non-Hazardous Waste Disposal Advanced Chemical Transport, LLC | 4
SIGNATURE REQUIREMENTS (ATTACHMENT A)
Attachment A
PROPOSER’S CERTIFICATION
I hereby propose to furnish the goods or services specified in the Request for Proposals (“RFP”). I agree that my proposal will remain firm for a period of up to ninety (90) days in order to allow the City of Roseville (“City”) adequate time to evaluate the qualifications submitted.
I have carefully examined the Request for Proposals and any other documents accompanying or made a part of this RFP. The information contained in this proposal is true and correct to the best of my knowledge and is signed under penalty of perjury under the laws of the State of California. I further certify that I am duly authorized to submit this proposal on behalf of the firm as its authorized agent and that the firm is ready, willing and able to perform if awarded the contract.
I further certify that this proposal is made without prior understanding, agreement, connection, discussion, or conspiracy with any other person, firm or corporation submitting a proposal for the same product or service; that this proposal is fair and made without outside control, collusion, fraud or illegal action; that no officer, employee or agent of the City or any other proposer is financially interested in said proposal; that no undue influence or pressure was used against or in concert with any officer, employee or agent of the City in connection with the award or terms of the contract that will be executed as a result of this RFP; and that the undersigned executed this Proposer’s Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so.
_________________________________________________
NAME OF BUSINESS
_________________________________________________
SIGNATURE
_________________________________________________
NAME & TITLE, TYPED OR PRINTED
_________________________________________________
MAILING ADDRESS
_________________________________________________
TELEPHONE NUMBER
_________________________________________________
EMAIL
Type of Organization:
____ Sole Proprietorship ____ Corporat ion ____ State of Incorporation ________ Partnership ____Limited Liability Company
ACTenviro, a Republic Services Company
Todd Marti, Vice President
967 Mabury Road, San Jose, CA 95133
408-548-5050
[email protected]
X
Cover Letter 2
Signature Requirements (Attachment A) 3
Tab A: Firm’s Qualifications 7
Tab B: Experience and References 9
Tab C: Qualifications of Team 11
Tab D: Project Understanding 13
Tab E: Project Plan 16
Tab F: Safety Program 21
Tab G: Cost Proposal 25
Tab H: Required Statement/Documents 27
Tab I: Exceptions 32
Tab J: Competency of Proposers 34
Appendix 36
Table of Contents
City of Roseville | Request for Proposal RFP 07-121
Hazardous & Non-Hazardous Waste Disposal Advanced Chemical Transport, LLC | 5
Service Centers
TSDF
Land/f_ill
Injection Well
Recycling
City of Roseville | Request for Proposal RFP 07-121
Hazardous & Non-Hazardous Waste Disposal Advanced Chemical Transport, LLC | 6
Advanced Chemical Transport, LLC (dba
ACTenviro) is a diversified waste management
company that was recently acquired by and is now
a Republic Services, Inc. company. ACTenviro is
fully licensed, permitted, and certified to perform the full scope of the City’s services.
ACTenviro has been engaged in the management
(collection, segregation, characterization,
consolidation, packaging, labeling, transporting,
and disposing) of hazardous and non-hazardous,
universal, and medical waste materials for entities
including local, state, and federal governments, small
waste generators, and Fortune 500 companies for
over 25 years.
ACTenviro has a well-deserved reputation for our
focus on client relations. We value our partnerships
with our clients and do what it takes to meet their
needs. Our commitment remains steadfast in
upholding our renowned level of personalized
service while broadening our service offerings under
the expanded umbrella of Republic Services.
Our facilities and resources have grown to include
21 TSDF’s, 251 transfer and service stations, and 74
recycling centers. As a part of Republic Services,
Inc., one of the two largest and most financially
secure waste management and environmental
solutions companies in the nation, our strong
financial footing and commitment to sustainable
business practices provides the perfect resources for
ACTenviro’s service offerings to the City.
We specialize in providing technologically advanced
recycling and disposal technologies at a competitive
price. We strive to offer reuse and recycling options
for liquid and solid fuels for recapturing of metals
prior to offering treatment, incineration, and or
landfill and stabilization options for disposal. As a
result of ACTenviro’s efforts, systems, and vendor
relationships, our average vendor recycles 76% of
their hazardous wastes. Some of our clients have
achieved a 97% recycling level.
Workforce of 42,000+ personnel
Services to 13 million customers in
47 states
$16 B in Revenue (2024)
233 Transfer Stations
74 Recycling Centers
20 Treatment, Storage and Disposal
Facilities
5 million tons of material processed
in recycling centers
ORGANIZATION INFORMATION
Firm’s Qualifications
A
Firm’s Qualifications
Provide a statement of your firm’s qualifications for performing the requested services detailed in each section of the Scope of Services (3.1 – 3.6). Identify the services and/or equipment that would be completed and/or provided by your firm’s staff and those that would be completed and/or provided by Sub-contractors, if any. Identify any sub-consultants or sub-contractors you propose to utilize to supple - ment your firm’s staff. Include the firm’s organizational chart, includ - ing its constituent parts, and size variation of staffing levels in the past five (5) years
City of Roseville | Request for Proposal RFP 07-121
Hazardous & Non-Hazardous Waste Disposal Advanced Chemical Transport, LLC | 8
The City of Roseville currently relies on ACTenviro, a Republic Services Company, as an incumbent environmental services provider across multiple departments, including Facilities, Electric, Solid Waste, Pleasant Grove WPCP (PGWWTP), Water Distribution, and Dry Creek WPCP (DCWWTP), demonstrating our proven capability to perform the full Scope of Services outlined in Sections 3.1-3.6.
ACTenviro performs all required services with in-house personnel and company-owned equipment, including hazardous and non-hazardous waste identification, labeling, collection, transportation, emergency response, confined space services, and regulated disposal. We maintain a fleet of owned vacuum trucks, pump trucks, ER response vehicles, bin trucks, drum trucks, and heavy equipment that fully meet RFP requirements. No sub-consultants or subcontractors are proposed for core services or equipment.
As a Republic Services company, ACTenviro maintains direct access to a nationwide network of fully permitted TSDFs, supporting transfer and consolidation, treatment and recycling, and final disposal via incineration, stabilization, and secure landfill. All shipments are completed in full compliance with RCRA, DTSC, EPA, and DOT requirements, with manifests and Certificates of Destruction provided for every waste stream to ensure audit readiness.
An organizational chart is included below. Over the past five (5) years, ACTenviro has scaled staffing upward in response to public sector demand, supported by our position as a Republic Services company and access to a workforce of more than 42,000 employees nationwide, ensuring depth, continuity, and immediate resource availability without compromising dedicated local service.
Republic Services Legal Structure
FIRM’S QUALIFICATIONS
Experience and References
B
Experience and References
Provide a summary of your firm’s experience in providing these or similar services. Provide a minimum of three (3) references for projects or services similar in nature and scope that your firm’s team members have completed in the last five (5) years. Include brief descriptions of the projects, dates, client names and contact persons’ names, address - es and telephone numbers. Public sector references are preferred.
City of Roseville | Request for Proposal RFP 07-121
Hazardous & Non-Hazardous Waste Disposal Advanced Chemical Transport, LLC | 10
Please see the table below for references relevant to this contract.
Client / Address Services
Performed
Duration Contact
Information
City of Roseville
311 Vernon St.
Roseville, CA
95678;
Collection, routine
pickups, classifi-
cation assistance,
spill & emergency
response, indus-
trial cleaning and
disposal
2024 - Current John Tadlock;
jtadlock@roseville.
ca.us; 916-223-
7763
City of Redwood
City
1400 Broadway
Blvd, Redwood
City, CA 94063
Waste collection,
packaging and
inventory, serviced
quarterly unless
specifically re-
quested. Profiles,
waste streams and
characterizations.
Spill response.
2023 - Current Vicki Sherman;
650-780-7472;
vsherman@red-
woodcity.org
City of
Sacramento
Fourth Floor,
Sacramento, CA
95814
Pickup and main-
tenance of haz
waste, identifica-
tion and segrega-
tion of co-mingled
waste and mixed
products, cleanup
of waste sites,
spill response,
labpacking, home-
less encampment
cleanup
2023 - Current Sharneel Kumar;
915 I Street, 916-
808-5872; scku-
mar@cityofsacra-
mento.com
Cache Creek
Casino
P.O. Box 65
14455 Highway
16, Brooks, CA
95606
Weekly tanker
loads disposal,
routine pickups
of containerized
waste, repacking,
characterization
2022 - Current Mike Hill; 530-
796-5276; mhill@
cachecreek.com
EXPERIENCE AND REFERENCES
Qualifications of Team
C
Qualifications of Team
Provide a brief summary of the role, qualifications and experience of each team member and designated project manager/lead assigned to this project, including length of service with the firm and the qualifi - cations/experience of any sub-consultant or sub-contractor staff on your project team. A project team organizational diagram and brief resume of each team member and the designated project manager/ lead for each applicable category shall be included. The geographic location of the firm and key personnel shall also be identified. Any proposed sub-consultants or subcontractors shall be listed. Include sub-consultant’s and sub-contractor’s assigned task(s) and experi - ence. Full resumes may be included in the appendix.
City of Roseville | Request for Proposal RFP 07-121
Hazardous & Non-Hazardous Waste Disposal Advanced Chemical Transport, LLC | 12
We have provided key personnel in the table below. Per RFP instructions, full resumes have been provided in the Appendix. No subcontractors will be utilized for this contract. All key personnel are located in the Sacramento region and will support this contract out of our Dixon, CA office.
All ACTenviro personnel are trained and licensed in accordance with Federal, State and local require- ments.
Name / Role / Length of Service with
Firm
Responsibilities / duties for City
Dan Wildeman, Regional Sales Executive
/ City of Roseville Account Manager /
1 year
City’s primary contact, driving all operations,
logistics, and contract management with the sup-
port of a highly skilled team equipped to deliver
every service in the solicitation.
Greg Mcguinness, Operations Supervisor
- Environmental Solutions / 5 years
Drives overall program success by aligning sales
strategy with operational execution, ensuring
compliance, efficiency, and exceptional service
delivery.
Will Strahan, Operations Supervisor -
Environmental Solutions / 5 years
Direct all operations with City.
Devin Kilmer, Project Manager / 13
years
Recognized leader in hazardous waste opera-
tions, overseeing lab packs, waste profiling, and
full compliance with DOT, EPA regulations.
Luis Montoya, Technician / 7 years Ensure seamless support for City by managing hazardous waste profiles.
Joseph Garcia, Driver / 7.5 years Responsible for the safe, compliant, and timely transportation of hazardous waste, ensuring all
materials are properly packaged, labeled, and
documented in accordance with State and Fed-
eral regulations.
Team Organizational Chart
QUALIFICATIONS OF TEAM
Project Understanding
D
Project Understanding
Based on the available information, supplemental research, field observations, and experience with similar projects, provide a narra - tive describing your understanding of the services requested in this RFP , your general approach and any major challenges to achieving the City’s stated goals. Include any issues that you believe will require special consideration for this project. Also identify any unique ap - proaches or strengths that your firm may have related to this project.
City staff will assess your understanding of all aspects of the project based on the overview.
A partnership with ACTenviro provides innovative, efficient waste management technologies and services that include:
Approach
On-Time Pickups
Guaranteed shipping as needed through task orders -
no delays for County.
Local Expertise - City of Roseville Ready
Our Account Manager’s project experience and Dix-
on branch proximity ensure rapid response and deep
knowledge of City requirements.
24/7 Emergency Response
Rapid mobilization for spills or urgent events
City wide.
Safe and efficient lab pack/de-pack facility with a
focus on beneficial reuse and recycling
Efficient packaging and shipping of lab packs to
ACTenviro’s TSDF or shipment to end disposal
facilities
Cost–saving field chemists who are cross-trained
to
handle high-hazard waste, as well as standard
waste
Higher level consulting services and high tech-
nology field services
Upon notice of award, ACTenviro will contact City
within five business days after notice of award to
review and discuss the transition process. The
following items will be a part of the discussion
and initiate the development of the waste remov-
al work plan. Tasks will include the following:
Meet and introduce ACTenviro and the City
staff
Review all operational requirements with City
and contractor personnel
Perform an assessment of current practices at
City collection center
Acquisition of equipment (if needed)
Initiate the process of gathering waste profile
data
Create ACTenviro profiles for existing waste
streams and submit for review, City signa-
tures, and ACTenviro approval.
Our proposed solution at ACTenviro involves using
our network of service centers and TSDF, transpor-
tation fleet, and approved disposal outlets to provide
turnkey waste management services. We ensure that
our services are safe, efficient, and comply with all
local, state, and federal regulatory standards. This
approach results in lower rates, simpler coordination,
and added convenience for our customers. Our aim
is to provide compliant, quality, and innovative waste
management services that contribute to sustainable
development and add value to our customers. At
ACTenviro, we and our customers are partners in
environmental stewardship and responsible waste
management.
Understanding of Scope
ACTenviro has a clear understanding and the expertise
to perform the following services included as the
Scope of Work:
City requires comprehensive hazardous waste
transportation and disposal services from City-
operated sites, as requested, including proactive
waste management solutions to increase cost-
effectiveness and waste diversion.
City of Roseville | Request for Proposal RFP 07-121
Hazardous & Non-Hazardous Waste Disposal Advanced Chemical Transport, LLC | 14
PROJECT UNDERSTANDING
Program Implementation
Turnkey Waste Management with Fully Permitted Facilities and Self-Performed Compliance Upon of notice of award ACTenviro will start the process of identifying the Onsite staff and acquiring any essential equipment that is needed for the program. ACTenviro Operations and Sales staff will contact City within five business days after notice to review and discuss the transition process.
The program startup will be broken into individual tasks overseen by our Account Manager. ACTenviro’s Operations Manager will spend several days at the facility with local ACTenviro operations and sales management to observe and get firsthand familiarity with how operations are currently run and all reporting requirements, contingency plans, and spill plans.
Additional tasks will include the following:
After Notice of award
Meet and introduce ACTenviro staff and City staff, review roles and responsibilities.
Review all current operational requirements with City and contractor personnel.
Recruitment of staff.
Training of any new or existing staff being transitioned Onsite.
Perform an assessment of current practices at City locations.
Acquisition of onsite equipment (if needed)
Create ACTenviro profiles for existing waste streams and submit for approval.
Creation of site-specific health and safety plans
Implement Security plans.
Develop an onsite Inventory Management system for the procurement of supplies and materials.
Waste Removal Work Plan
For this program, ACTenviro will furnish all the labor and can also provide packing supplies and materials, equipment, transportation, and disposal needs requested by City. For each Onsite Program ACTenviro will provide a team comprised of a Supervisor (Project Manager), Chemist, and Technicians as site requirements dictate. Given the difference in site operations at (list locations), the teams will differ in the number of FTE’s assigned to each Program. Although the programs will vary in size and scope, we understand ACTenviro staff will be responsible for maintaining the compliance of storage areas, compliance inspections, chemical & ink delivery to production areas, chemical receiving, chemical warehouse management (locations), and collection of Hazardous and Non-Hazardous Waste for all Satellite Accumulation Areas (SSA) on a weekly schedule.
Waste collected at each SSA will be transported back to the Main Accumulation Area (MMA) where the waste will be segregated according to the appropriate waste stream profiles provided by City. ACTenviro personnel will bulk and/or package material in approved DOT containers for shipment.
PROJECT UNDERSTANDING CONT.
City of Roseville | Request for Proposal RFP 07-121
Hazardous & Non-Hazardous Waste Disposal Advanced Chemical Transport, LLC | 15
Project Plan
E
Project Plan
Provide a detailed discussion of your firm’s approach to the successful implementation of this project. Include thorough discussions of meth - odologies you believe are essential to accomplishing this project.
Include a proposed work schedule to accomplish all of the required tasks within the desired timeline. Identify the staff who would be assigned to each task, including sub-consultants and sub-contrac - tors. List any necessary equipment, training or installation services required.
Waste Management Plan
ACTenviro will provide full-service management for the City’s Hazardous Waste Program, including collection, transportation, and disposal of all hazardous and non-hazardous waste streams. All waste collected under this contract will be transported by ACTenviro to approved, fully permitted waste management facilities for proper treatment, recycling, or disposal.
Facilities to be Utilized
Facilities will be used to manage wastes collected under this project. Facility information will be finalized in coordination with the City prior to program launch.
If additional facilities are needed, to meet City requirements, City will be notified. All facilities will be fully licensed and authorized to receive the designated materials in accordance with federal, state, and local laws.
Waste Handling and Characterization
At the receiving facility, ACTenviro personnel will confirm that all waste is properly characterized, packaged, labeled, and manifested in compliance with EPA, DOT, and Title 22 regulations. Waste will be managed using approved treatment and disposal methods including incineration, recycling, fuel blending, and landfilling based on waste type and regulatory classification.
Program Oversight and Execution
ACTenviro self-performs all aspects of the program. Our Account Manager, Dan, will oversee day-to-day operations, supported by a team of 40-hour HAZWOPER-certified technicians, drivers, and site supervisors.
The line of authority runs from the Account Manager to the on-site Site Supervisor, ensuring direct communication, operational control, and regulatory compliance.
Large-scale Incidents or Multiple Simultaneous Events
Republic Services has resources to handle both large scale incidents or multiple incidents happening at the same time.
• At the time of call in, Account Executive and Project Manager will asses needed resources and labor. • If more are required then originally assessed, more shall be dispatched from Dixon office. More resources will be obtained from other offices if needed.
• In the event of multiple events at the same time, crews shall be dispatched to separate incident locations. If scope of work is completed at one, crew will then aid team in completing the other job scope.
Proposed staffing plan for routine and emergency services.
Core staffing will include:
• Account executive to take the call or order for service from customer. • Project Manager to assemble appropriate labor/equipment and assess customer needs. • If situation is a regular service, Supervisor and (1) Technician to be sent to site in order to complete routine pickup. If Emergency service is requested, and scope of work is small, this team will travel to site to evaluate situation, asses best course of action and begin mitigation procedures. If emergency scope is bigger, (1) supervisor, (2) technicians and any other resources required shall be dispatched to site. • If situation requires more personnel, the situationally appropriate amount of crew will be dispatched from office to assist with scope of work.
• Crew will stay until scope of work/emergency is complete. If more resources are required during operations, more will be dispatched until necessary levels are achieved.
PROJECT PLAN
City of Roseville | Request for Proposal RFP 07-121
Hazardous & Non-Hazardous Waste Disposal Advanced Chemical Transport, LLC | 17
MANIFEST & CERTIFICATION OF DESTRUCTION TRACKING PLAN
For City of Roseville - Managed by ACTenviro/Republic
Purpose
To ensure timely, accurate, and consistent delivery of completed manifests and Certificates of Destruction (CODs) for waste collected from County’s facilities.
Roles & Responsibilities
• Dedicated Project Manager (PM): ACTenviro/Republic will assign a PM to oversee all tracking and communication related to manifests and CODs for County.
Process Overview
1. Manifest Tracking
• The PM in conjunction with the Client Services Support Team will track all manifests from creation to termination for waste collected at City Collection Facilities. • Tracking will be done using the EPA’s E-Manifest system and weekly communication with disposal outlets. • Status updates will be reviewed at least once per week to ensure timely progress.
2. Certificate of Destruction (COD) Collection
• Once a manifest is terminated, the PM in conjunction with the Client Services Support Team will request the corresponding COD from the disposal facility.
• Each manifest will have one COD, with line items clearly referenced. • For waste undergoing additional treatment (e.g., ACT Treatment in Albuquerque), a new COD will be issued after the final manifest is terminated at the end disposal site.
3. Documentation & Delivery
• All completed manifests and CODs will be emailed directly to City’s designated contact. • Upon request, ACTenviro/Republic will provide status updates on any open or completed paperwork. • All ACTenviro/Republic-generated manifests are also accessible online via the EPA’s E-Manifest portal for added convenience.
Quality & Consistency Commitments
• Weekly tracking ensures no paperwork is overlooked.
• Single point of contact (PM) streamlines communication and accountability. • Clear documentation of each waste stream supports compliance and audit readiness. • Online access to manifests provides transparency and ease of retrieval.
PROJECT PLAN CONT.
City of Roseville | Request for Proposal RFP 07-121
Hazardous & Non-Hazardous Waste Disposal Advanced Chemical Transport, LLC | 18
City of Roseville | Request for Proposal RFP 07-121
Hazardous & Non-Hazardous Waste Disposal Advanced Chemical Transport, LLC | 19
Once the waste is ready for shipment, ACTenviro will coordinate a schedule pick up date for the transportation and disposal of any Hazardous and Non-Hazardous waste that is collected Onsite. ACTenviro’s Onsite staff will inspect, prepare, and affix any necessary DOT Labels and markings for each waste container prior to the scheduled pickup date. ACTenviro will create all regulatory paperwork including Manifests and Land Disposal Restriction forms prior to each shipment. Once County’ approved Transporter waste hauling vehicle arrives, our Onsite staff will then safely load all waste containers onto the vehicle to be transported back to one of County’s approved RCRA Part B permitted Disposal Facilities (TSDF) for disposal. All paperwork will be reviewed with the appropriate County representative(s) and the appropriate signatures will be obtained. The applicable copies of the paperwork will be left with City for their records.
Packaging Requirements
ACTenviro will work closely with the City’s staff to ensure they are properly informed and trained on packaging and lab packing requirements. City staff will send over the inventory, complete lab pack inventory sheets if applicable, (ACT requires these only for 4.2, 4.3 and other reactive waste), all other items are loose packed or bulked. Once this information has been received, a scheduled pick up date will be provided. Pre-printed labeling will be generated and provided to the staff for use for the collected waste.
ACTenviro will draft all required manifests and shipping documentation and provide them to City for review.
Manifests will be sent within the same week as the waste pick.
As the County’s partner, ACTenviro will take all necessary steps to ensure City staff is well informed and prepared to package all waste for pickup. We will provide a list of packaging requirements and instructions for all materials if needed. Any waste streams that require special lab packaging and or other considerations will be identified and City’s staff will be informed and trained on any requirements. The ACTenviro team is always available to answer any questions and provide guidance to ensure the waste is properly packaged and ready for transport.
ACTenviro will check all materials for container integrity, and anything unlabeled will be Hazcat identified for packing. Utilizing the Hazcat method for unknowns will eliminate incompatibility and storage issues. If a container leaks or is damaged, the ACTenviro team will contact the on-site representative and the operations manager. If repackaging of waste is required, a HASP I (Site Safety Evaluation) will be conducted upon arrival at the site and before beginning the consolidation.
Lab Packs
Chemicals are to be properly lab packed per DOT and TSDF requirements.
All waste material must be contained and sealed within inner containers.
Inner containers must be constructed of appropriate materials for the substances involved and must not exceed 5 gallons for metal/plastic or 4 Liter in glass in volume for any DOT and/or RCRA regulated materi- al.
Inner containers must remain upright within the outer container.
Outer containers may never exceed 452 lbs.
Inventory must be complete for all inner containers.
Inventory must be affixed to the outside of the drum and in such a fashion to be able to be removed from the drum without damage to the inventory.
Packaging material must be added within the outer container to such a level as to fully cover the inner containers and enough space between containers to prevent contact and subsequent breakage during normal transport.
Packaging material must be appropriate for all substances to be contained and of adequate absorbent qualities for the substances involved. Polysorb for Hydrofluoric acid and Vermiculite for everything else.
Call the Treatment Profile Team to get answers to any issues you may have before packing.
PROJECT PLAN CONT.
City of Roseville | Request for Proposal RFP 07-121
Hazardous & Non-Hazardous Waste Disposal Advanced Chemical Transport, LLC | 20
Loosepacks
Liquids and solids will be in separate drums and inventoried in real-timeLiquids and solids will be in separate drums and inventoried in real-time Consolidate (with vermiculite packaging material always) when full or time permits, whichever comes first Consolidate (with vermiculite packaging material always) when full or time permits, whichever comes first (refer to map).(refer to map).
Before Placing the inner container within the appropriate loose-pack drum, it must be verified as sealed Before Placing the inner container within the appropriate loose-pack drum, it must be verified as sealed in a sturdy container appropriate for the material and oxidizers inventoried in real time.in a sturdy container appropriate for the material and oxidizers inventoried in real time.
Loose-Pack Aerosols – Cubic Yard BoxLoose-Pack Aerosols – Cubic Yard Box Anything in an Aerosol Can – NO CYLINDERS AT ALLAnything in an Aerosol Can – NO CYLINDERS AT ALL Loose-Packed Flammable Liquid, Toxics – 55 Gallon Poly Open Top Drum – With Vermiculite to the top Loose-Packed Flammable Liquid, Toxics – 55 Gallon Poly Open Top Drum – With Vermiculite to the top of each layer of inner containers and top of the drum when full with adequate spacing between contain-of each layer of inner containers and top of the drum when full with adequate spacing between contain- ers to prevent incidental breakage during handling and transporters to prevent incidental breakage during handling and transport Loose-Packed Toxic Solids – NO FREE LIQUIDS – 55 Gallon Poly Open Top Drum – With Vermiculite to Loose-Packed Toxic Solids – NO FREE LIQUIDS – 55 Gallon Poly Open Top Drum – With Vermiculite to the top of each layer of inner containers and top of the drum when full with adequate spacing between the top of each layer of inner containers and top of the drum when full with adequate spacing between containers to prevent incidental breakage during handling and transportcontainers to prevent incidental breakage during handling and transport Loose-Packed Corrosive Acids – 55 Gallon Poly Open Top Drum – With Vermiculite to the top of each Loose-Packed Corrosive Acids – 55 Gallon Poly Open Top Drum – With Vermiculite to the top of each layer of inner containers and top of the drum when full with adequate spacing between containers to layer of inner containers and top of the drum when full with adequate spacing between containers to prevent incidental breakage during handling and transportprevent incidental breakage during handling and transport Loose-Packed Corrosive Bases – 55 Gallon Poly Open Top Drum –With Vermiculite to the top of each Loose-Packed Corrosive Bases – 55 Gallon Poly Open Top Drum –With Vermiculite to the top of each layer of inner containers and top of the drum when full with adequate spacing between containers to layer of inner containers and top of the drum when full with adequate spacing between containers to prevent incidental breakage during handling and transportprevent incidental breakage during handling and transport Open Top Drum – With Vermiculite to the top of each layer of inner containers and top of the drum when Open Top Drum – With Vermiculite to the top of each layer of inner containers and top of the drum when full with adequate spacing between containers to prevent incidental breakage during handling and trans-full with adequate spacing between containers to prevent incidental breakage during handling and trans- port. port.
Oxidizers must be inventoried with hazardous chemical name, inner container size and quantity in re-Oxidizers must be inventoried with hazardous chemical name, inner container size and quantity in re- al-time as they are placed in each drum.al-time as they are placed in each drum.
Bulk Containers
When transferring Class 1 flammable liquids, following bonding and grounding procedures.
Review waste profile determine what chemicals are deemed compatible for this waste stream. Verify the pH has been checked and is compatible with all containers to be consolidated.
Do not consolidate inorganic acids unless you have approval from your Branch Manager.
Verify labels to be consolidated are legible and complete. An appropriate hazard communication label will have the chemical name spelled out (no acronyms or abbreviations) and indicate the appropriate hazard warnings (e.g. NFPA or HMIS label).
Verify the integrity of the chemical containers being consolidated is in good condition.
PROJECT PLAN CONT.
Safety Program
F
Safety Program
Provide a copy of your firm’s safety program. Additionally, provide the following supplemental data:
• Your firm’s experience modification rate (“Ex-Mod”). If your firm is currently rated between a 1.0 and 1.25, include an explanation.
Firms above a 1.0 may not receive any or full credit for the safety component of the RFP evaluation scoring. If your firms rating is greater than a 1.25, you may be unqualified for consideration of award of this contract.
• A listing of all OSHA citations and descriptions of each. • Incident rates for the last three years.
City of Roseville | Request for Proposal RFP 07-121
Hazardous & Non-Hazardous Waste Disposal Advanced Chemical Transport, LLC | 22
SAFETY PLAN
ACTenviro is committed to protecting the health and safety of our workers, customers, and the public. We ensure our employees are committed to quality job site safety, and we maintain stringent knowledge and compliance with federal, state, and local health and safety regulations in performing our work. We vigorously focus on hazard identification and prevention.
At ACTenviro, all H&S plans prepared are site-specific to the operation’s requirements. ACTenviro’s plan, which will be submitted to the City, will meet all requirements established by the state and cover all aspects of the center’s operations. We have extensive experience in the preparation and implementation of site—and task-specific health and safety plans.
This includes:
Personnel are trained to 40-hour requirements to meet 29 CFR1910.120.
Training includes comprehensive medical surveillance, annual physical examinations and a monitoring program.
Regular health and safety meetings and accident prevention programs, along with incentive award programs to enhance safety awareness.
Daily safety tailgate meetings on each project.
A full-time safety director is available to meet the safety concerns of any project.
ACTenviro employs ten full-time health and safety members. Any time there is an injury to an employee a call is made to Health and Safety and a report is made that discusses all aspects of the incident (how, what, when and where) immediately. H&S will meet with the injured employee and go over the inci- dent report and they will discuss ways to improve and eliminate the same type of incident.
Safety meetings are held at the beginning of every shift and cover all types of incidents that may occur during a shift. The safety meetings are tailored for site specific customers as well.
All equipment provided by ACTenviro for this project is in excellent condition and properly maintained to as- sure efficient and safe use. Equipment is inspected for fluid leaks as part of the daily inspections ensuring that our equipment doesn’t create any on-site contamination.
Company employees will wear modified Level “D” PPE for handling household hazardous waste. This PPE level will include steel toe boots, coveralls or Tyvek suits, gloves, and safety glasses. While opening or working with open containers, they will wear Level “C” PPE. This includes an air purifying respirator and modified Level “D” PPE
To prevent reactions from incompatible materials, waste is sorted by hazard class upon acceptance to segregate it by hazard level. All bulk consolidation drums (e.g., paints, fuels, antifreeze, etc.) are packed in secondary containment cells for spill containment while liquids are poured into the drums.
Flammable and combustible materials are packed away from incompatible materials to eliminate any po- tential reaction that may create fire.
Spill prevention and on-site safety remain our first commitment. Our employees are thoroughly trained in correctly handling, sorting, and packaging waste products to significantly reduce the risk of spills and exposure from leaking containers. Spill cleanup is an immediate priority. The type and quantity of material spilled will affect the level of response.
SAFETY PROGRAM
City of Roseville | Request for Proposal RFP 07-121
Hazardous & Non-Hazardous Waste Disposal Advanced Chemical Transport, LLC | 23
SAFETY PROGRAM CONT.
Firm’s Modification and Incident Rates provided in the table below.
OSHA citations and descriptions for each:
Year
City State
(A) (B) (C) (D) (E) (F)
(M)
(G) (H) (I) (J) (K) (L) (1) (2) (3) (4) (5) (6)
1 Technician (SJ) 2/28/22 Client site
Employee exited his vehicle and started walking
throug the parking lot at a client site when he stepped into a 2-3ft deep construction area which he did not
notice. He ended up partially falling into the
construction area and hurting his right knee. x 70 x
2 Technician (Esco) 5/4/2022 Client site
While moving a roll of liners for the CYBs at a client
site, the roll slipped causing his wrist to bend in an
unnatural manner. x 161 x
3 Technician (SFS) 5/18/22 Client site
While employee was moving a tote, a forklift driver
behind him lowered a tote which landed on his ankle. x 227 x 4 Technician (SV) 7/26/22 Driving
Employee was in the passenger seat wearing a
seatbelt. Her co-worker was stopped and making a
right hand turn when he rear ended an Enterprise
work van. Employee hit her head against the back of
the headrest. x 29 x
5 Driver (Dixon) 10/10/22 Unknown
Employee was getting out of his truck when he felt
pain level of 7 out of 10 and swelling on his right knee. x 74 x 6 Chemist (SJ) 10/17/22 Driving
While making a U-Turn, the Van that Atzin was in was
struck on the side. Ha Nguyen was driving. x 13 x
7 Chemist (SJ) 10/17/2022 Driving
While making a U-Turn, the Van was struck on the
side. Ha Nguyen was driving. xx
8 Technician (SV) 11/22/22 Client site
At a client site, an ACT employee's clean room bottie
got caught on a door that was propped open using a
screw driver by another vendor. The employee fell
forward injuring his shoulder, back and arm. x 39 x
9 Driver (Dixon) 12/8/22 Yard
Employee was pulling on a bin and felt a pop in his
back near his left shoulder blade. x 23 x
Page totals 0 0 8 1 0 636 9 0 0 0 0 0
Be sure to transfer these totals to the Summary page (Form 300A) before you post it.
OSHA's Form 300 (Rev. 01/2004) 2022
Log of Work-Related Injuries and Illnesses
Advanced Chemical Transport, Inc. DBA ACTenviro
Occupational Safety and Health Administration
All other illnesses
Away
From Work
(days)
All other illnesses
Skin Disorder
Injury
Public reporting burden for this collection of information is estimated to average 14 minutes per response, including time to review the instruction, search and gather the data needed, and complete and review the collection of information. Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. If you have any comments about these estimates or any aspects of this data collection, contact: US Department of Labor, OSHA Office of Statistics, Room N- 3644, 200 Constitution Ave, NW, Washington, DC 20210. Do not send the completed forms to this office.
Poisoning
Hearing Loss
Respiratory Condition Respiratory
Condition
On job
transfer or
restriction
(days)
Skin Disorder
U.S. Department of Labor
Injury
Enter the number of days
the injured or ill worker
was:
Hearing Loss
CaliforniaSan Jose
Establishment name
(mo./day)
Check the "injury" column or choose one type of
illness:
Describe the case
Where the event occurred (e.g.
Loading dock north end)
Employee's Name Job Title (e.g.,
Welder)
CHECK ONLY ONE box for each case based on the
most serious outcome for that case:
Classify the case
Days away
from work Remained at workDeath
You must record information about every work-related injury or illness that involves loss of consciousness, restricted work activity or job transfer, days away from work, or medical treatment beyond first aid. You must also record significant work-related injuries and illnesses that are diagnosed by a physician or licensed health care professional. You must also record work-related injuries and illnesses that meet any of the specific recording criteria listed in 29 CFR 1904.8 through 1904.12. Feel free to use two lines for a single case if you need to. You must complete an injury and illness incident report (OSHA Form 301) or equivalent form for each injury or illness recorded on this form. If you're not sure whether a case is recordable, call your local OSHA office for help.
Describe injury or illness, parts of body affected, and object/substance that directly injured or made person
ill (e.g. Second degree burns on right forearm from
acetylene torch)
Attention: This form contains information relating to
employee health and must be used in a manner that
protects the confidentiality of employees to the extent possible while the information is being used for
occupational safety and health purposes.
Form approved OMB no. 1218-0176
Identify the person
Other record-
able cases
Date of
injury or
onset of
illness
Poisoning
Job transfer or
restriction
Case
No.
City of Roseville | Request for Proposal RFP 07-121
Hazardous & Non-Hazardous Waste Disposal Advanced Chemical Transport, LLC | 24
SAFETY PROGRAM CONT.
OSHA citations and descriptions for each cont.
Year
City State
(A) (B) (C) (D) (E) (F)
(M)
(G) (H) (I) (J) (K) (L) (1) (2) (3) (4) (5) (6)
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ϵ
Page totals 0 1 3 4 40 163 8 0 0 0 0 0
Be sure to transfer these totals to the Summary page (Form 300A) before you post it.
OSHA's Form 300 (Rev. 01/2004) 2023
Log of Work-Related Injuries and Illnesses
Advanced Chemical Transport LLC DBA ACTenviro
Occupational Safety and Health Administration
Skin Disorder
U.S. Department of Labor
Injury
All other illnesses
Away
From
Work
(days)
All other illnesses
Skin Disorder
Injury
Public reporting burden for this collection of information is estimated to average 14 minutes per response, including time to review the instruction, search and gather the data needed, and complete and review the collection of information. Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. If you have any comments about these estimates or any aspects of this data collection, contact: US Department of Labor, OSHA Office of Statistics, Room N- 3644, 200 Constitution Ave, NW, Washington, DC 20210. Do not send the completed forms to this office.
Poisoning
Hearing Loss
Respiratory Condition Respiratory
Condition
On job
transfer or
restriction
(days)
You must record information about every work-related injury or illness that involves loss of consciousness, restricted work activity or job transfer, days away from work, or medical treatment beyond first aid. You must also record significant work-related injuries and illnesses that are diagnosed by a physician or licensed health care professional. You must also record work-related injuries and illnesses that meet any of the specific recording criteria listed in 29 CFR 1904.8 through 1904.12. Feel free to use two lines for a single case if you need to. You must complete an injury and illness incident report (OSHA Form 301) or equivalent form for each injury or illness recorded on this form. If you're not sure whether a case is recordable, call your local OSHA office for help.
Enter the number of days
the injured or ill worker
was:
Hearing Loss
CaliforniaSan Jose
Describe the case
Where the event occurred (e.g.
Loading dock north end)
Employee's Name Job Title (e.g.,
Welder)
CHECK ONLY ONE box for each case based on the
most serious outcome for that case:
Classify the case
Days away
from work Remained at workDeath
Describe injury or illness, parts of body affected, and object/substance that directly injured or made person
ill (e.g. Second degree burns on right forearm from
acetylene torch)
Attention: This form contains information relating to
employee health and must be used in a manner that
protects the confidentiality of employees to the extent possible while the information is being used for
occupational safety and health purposes.
Form approved OMB no. 1218-0176
Identify the person
Other record-
able cases
Date of
injury or
onset of
illness
Poisoning
Job transfer or
restriction
Case
No.
Establishment name
(mo./day)
Check the "injury" column or choose one type of
illness:
Year
City State
(A) (B) (C) (D) (E) (F)
(M)
(G) (H) (I) (J) (K) (L) (1) (2) (3) (4) (5) (6)
ϭ dĞĐŚŶŝĐŝĂŶͲ^: ϮͬϰͬϮϬϮϰ ůŝĞŶƚƐŝƚĞ ^ůŝƉƉĞĚŽŶƐƚĂŝƌƐ dž ϭϯ dž Ϯ ƌŝǀĞƌͲ^: ϮͬϭϰͬϮϬϮϰ ^ŝƚĞLJĂƌĚ &ĞůůĨƌŽŵůŝĨƚŐĂƚĞ dž Ϯϭ dž ϯ dĞĐŚŶŝĐŝĂŶͲY ϮͬϭϰͬϮϬϮϰ ůŝĞŶƚƐŝƚĞ ƚƚĞŵƉƚĞĚƚŽĐĂƚĐŚƚŝƉƉŝŶŐĚƌƵŵ dž ϭϴϬ dž ϰ dĞĐŚŶŝĐŝĂŶͲ>ĂǀĞĞŶ ϰͬϭϵͬϮϬϮϰ ^ŝƚĞLJĂƌĚ &ĞůůĨƌŽŵďĂĐŬŽĨƚƌĂŝůĞƌ dž ϰϬ dž ϱ dĞĐŚŶŝĐŝĂŶͲ
ƐĐŽ ϰͬϮϵͬϮϬϮϰ ůŝĞŶƚƐŝƚĞ >ŝĨƚŝŶŐĚƌƵŵƐ dž ϮϮϴ dž
ϲ dĞĐŚŶŝĐŝĂŶͲ^: ϱͬϭͬϮϬϮϰ ^ŝƚĞLJĂƌĚ &ĞůůĨƌŽŵĚŽĐŬ dž Ϯϰϰ dž ϳ ƌŝǀĞƌͲDĞƌĐĞĚ ϱͬϯϬͬϮϬϮϰ ůŝĞŶƚƐŝƚĞ DŽǀŝŶŐƚŽƚĞƐ dž ϭϴϬ dž ϴ dĞĐŚŶŝĐŝĂŶͲ
ƐĐŽ ϲͬϮϰͬϮϬϮϰ ^ŝƚĞLJĂƌĚ ,ŝƚƚŽŽƚŚǁŝƚŚŵĞƚĂůƐƚƌĂƉ dž dž
ϵ ƌŝǀĞƌͲŝdžŽŶ ϳͬϭϭͬϮϬϮϰ ůŝĞŶƚƐŝƚĞ dƌŝƉƉĞĚĂŶĚĨĞůů dž ϵϬ dž ϭϬ ƌŝǀĞƌͲKƌĞŐŽŶ ϭϭͬϱͬϮϬϮϰ /ϴϰ
tĂƐĐŽŽƵŶƚLJ sĞŚŝĐůĞƌŽůůŽǀĞƌ dž ϰϭ dž
Page totals 0 3 6 1 124 913 10 0 0 0 0 0
Be sure to transfer these totals to the Summary page (Form 300A) before you post it.
OSHA's Form 300 (Rev. 01/2004) 2024
Log of Work-Related Injuries and Illnesses
Advanced Chemical Transport LLC DBA ACTenviro
Occupational Safety and Health Administration
Skin Disorder
U.S. Department of Labor
Injury
All other illnesses
Away
From
Work
(days)
All other illnesses
Skin Disorder
Injury
Public reporting burden for this collection of information is estimated to average 14 minutes per response, including time to review the instruction, search and gather the data needed, and complete and review the collection of information. Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. If you have any comments about these estimates or any aspects of this data collection, contact: US Department of Labor, OSHA Office of Statistics, Room N-3644, 200 Constitution Ave, NW, Washington, DC 20210. Do not send the completed forms to this office.
Poisoning
Hearing Loss
Respiratory Condition Respiratory
Condition
On job
transfer or
restriction
(days)
You must record information about every work-related injury or illness that involves loss of consciousness, restricted work activity or job transfer, days away from work, or medical treatment beyond first aid. You must also record significant work-related injuries and illnesses that are diagnosed by a physician or licensed health care professional. You must also record work-related injuries and illnesses that meet any of the specific recording criteria listed in 29 CFR 1904.8 through 1904.12. Feel free to use two lines for a single case if you need to. You must complete an injury and illness incident report (OSHA Form 301) or equivalent form for each injury or illness recorded on this form. If you're not sure whether a case is recordable, call your local OSHA office for help.
Enter the number of days
the injured or ill worker
was:
Hearing Loss
CaliforniaSan Jose
Describe the case
Where the event occurred (e.g.
Loading dock north end)
Employee's Name Job Title (e.g., Welder)
CHECK ONLY ONE box for each case based on the
most serious outcome for that case:
Classify the case
Days away
from work Remained at workDeath
Describe injury or illness, parts of body affected, and object/substance that directly injured or made
person ill (e.g. Second degree burns on right forearm
from acetylene torch)
Attention: This form contains information relating to
employee health and must be used in a manner that
protects the confidentiality of employees to the extent possible while the information is being used for
occupational safety and health purposes.
Form approved OMB no. 1218-0176
Identify the person
Other record-
able cases
Date of
injury or
onset of
illness
Poisoning
Job transfer or
restriction
Case
No.
Establishment name
(mo./day)
Check the "injury" column or choose one type of
illness:
Cost Proposal
G
Cost Proposal
Provide a cost proposal with breakdown for all labor (by hour), trans - portation (by hour and vehicle type), and disposal costs of hazard - ous and non-hazardous waste. The costs shall be broken down into the following categories on a per unit basis. An estimate only of the volume for each category for disposal is included. This is not a guaran - teed volume.
• Non-Hazardous Waste (Including Sampling & Analytical costs) – 40,000 gallons
• Non-RCRA Hazardous Waste Liquid – 10,000 gallons RO Water (per gallon): pH between 4-9 & 0-75k mg/l -”TDS” RO Slurry (per gallon): <30% TSS Slurry RO Slurry (per gallon): >30% TSS Sludge Brine Tank (per gallon): >80% solids
• Non-RCRA Hazardous Waste Solids – 1, 15-gallon drum of oils rags/month
• RCRA Hazardous Waste – 5,000 gallons
The submitted proposal shall also include per unit costs of material such as:
• Absorbent Sweep
• Absorbent “pigs”
• Absorbent pads
• Spill drums
City of Roseville | Request for Proposal RFP 07-121
Hazardous & Non-Hazardous Waste Disposal Advanced Chemical Transport, LLC | 26
COST
Required Statements /
DocumentsHRequired Statements / Documents
Include statements of assurance regarding the following require - ments in the proposal:
• Non-substitution for the designated members of the team without approval by City staff
• (Section 4.0)
• The absence of a conflict of interest (Section 9.4)
• Indicate your ability and agreement to fulfill the indemnification and insurance requirements contained in the sample contract (Section 9.7). (Please note that actual certificates of insurance are not required as part of your submittal.)
• A statement that nothing contained in the submitted proposal will be proprietary. (Section 9.23)
Submit the following documents with proposal:
• Proof of registration with California Secretary of State. Note: All proposers must be registered with the Secretary of State or have a valid exemption by the time of award.
• Executed copy of Proposer’s Certification (Attachment A) • Levine Act Disclosure Statement Form (Attachment B)
• Contractor Licenses (Attachment C)
• Subcontractor List (Attachment D)
• Executed copy of Non-collusion Declaration (Attachment F)
City of Roseville | Request for Proposal RFP 07-121
Hazardous & Non-Hazardous Waste Disposal Advanced Chemical Transport, LLC | 28
ACTenviro, a Republic Services Company, hereby provides the following assurances in full compliance with RFP 07-121:
Non-Substitution of Team (Section 4.0): ACTenviro affirms that the designated project team identified in this proposal will not be substituted, reassigned, or replaced without prior written approval from City of Roseville staff.
Conflict of Interest (Section 9.4): ACTenviro certifies that no actual, apparent, or potential conflicts of interest exist with respect to the services proposed. Should a conflict arise, ACTenviro will promptly disclose it to the City.
Indemnification and Insurance (Section 9.7): ACTenviro confirms its ability and agreement to fully meet and comply with all indemnification and insurance requirements set forth in the sample contract included with this RFP. Required certificates of insurance will be provided upon request.
Non-Proprietary Submission (Section 9.23): ACTenviro affirms that nothing contained in this proposal is proprietary and that all submitted materials may be treated as public records in accordance with applicable law
Required Documents Provided:
• Proof of registration with the California Secretary of State: Provided in Cover Letter. • Executed Proposer’s Certification (Attachment A): Provided following Cover Letter (page 4). • Levine Act Disclosure Statement (Attachment B): Provided following this page. • Contractor Licenses (Attachment C): Provided following this page. Additional licenses provided in table below.
• Subcontractor List (Attachment D) (or “NONE,” if applicable): NONE. • Executed Non-collusion Declaration (Attachment F): Provided following this page.
REQUIRED STATEMENTS/DOCUMENTS
Regulatory License # Expiration
United States EPA-RCRA CAR0000705040 N/A
U.S. DOT - MC Certificate MC-594583-C N/A
California Contractor License 1132910 2/2027
U.S. DOT - Hazardous Materials Certifi-
cation of Registration
061124600048G June 30, 2026
DMV Motor Carrier Permit 0194741 N/A
NMFTA - Certificate of Standard Carrier AVCA 07/04/2026 United Carrier Registration 1607894 12/31/2026
DTSC - Hazardous Waste
Transporter Registration with Consoli-
dated Transporter
Notification
4026 09/30/2026
City of Roseville | Request for Proposal RFP 07-121
Hazardous & Non-Hazardous Waste Disposal Advanced Chemical Transport, LLC | 29
REQUIRED STATEMENTS/DOCUMENTS CONT.
Attachment B
LEVINE ACT DISCLOSURE STATEMENT
(The completed form submitted to the City of Roseville is a public record.) California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits any “Officer” (elected or appointed officer, any alternate thereto, and any candidate for elective office) fro m participating in any consideration or action related to a pr oceeding if they receive political contribution(s) from a party, or its agent(s), totaling mo re than $250 with in the previous twelve (12) month s, while a proceeding is pending, and for twelve (12) months following the date of a final decision in a proceeding concerning a license, permit, other entitlement for use, franchise, or contract (collectively “license, permit, or contract”). For additional information:
https://www.roseville.ca.us/government/departments/city_clerk/transparency/levine_act.
City Officers are listed at the following sites:
The Members of City Council - https://www.roseville.ca.us/government/city_council/meet_council Boards & Commission Members - https://www.roseville.ca.us/government/boards_commissions Parties and their Agents are responsible for reviewing and disclosing their applicable contributions to City Officers on the record of a proceeding.
1. Have you or your entity, or any agent on behalf of you or your entity, made any political contribution(s) totaling more than $250 to any City Officer in the twelve (12) months preceding the date of the submission of your license, permit, or contract, or the anticipated date of any City Council, Board, or Commission consideration or action related to this license, permit, or contract? YES _____ NO _____
If yes, please identify the City Officer(s):________________________________________________________________________________
2. Do you or your entity, or any agent on behalf of you or your entity, anticipate or plan to make any political contribution(s) totaling more than $250 to any City Officer in the twelve (12) months following any City Council, Board, or Commission consideration or action rel ated to this license, permit, or contract?
YES _____ NO _____
If yes, please identify the City Officer(s):_______________________________________________________________________________ Answering yes to either of the two questions above does not preclude the City of Roseville from considering and/or taking action on a license, permit, or contract. It does, however, potentially preclude the identified City Officers from participating in consideration of and in taking any actions related to the license, permit, or contract. Please accurately complete and sign this form, under the penalty of perjury:
____________ ___________________________________________ _______________________________________ (Date) (Printed Name/Title of Authorized Representative) (Name of business/legal entity) ___________________________________
(Signature)
You must submit a supplemental form if you make any new reportable contribution(s) while the contract, license, permit, or other entitlement is being considered. If this form has not previously been submitted in connection with a contracting, licensing, entitlement or permitting process, please provide the completed form to the Office of the City Clerk for appropriate departmental routing, at: City Clerk, 311 Vernon St., Roseville, CA 95678, [email protected] X
X
03/30/2026 Advanced Chemical Transport LLC (dba ACTenviro), a Republic Services CompanyTodd Marti, Vice President
City of Roseville | Request for Proposal RFP 07-121
Hazardous & Non-Hazardous Waste Disposal Advanced Chemical Transport, LLC | 30
REQUIRED STATEMENTS/DOCUMENTS CONT.
Attachment _C__
CONTRACTOR LICENSES
List the licenses held by your company and/or employees. The following representations are made under penalty of perjury:
CA State Lic. No. Name on License Class/Type Expiration Date _________ _____________ _________ _________
_________ _____________ _________ _________
_________ _____________ _________ _________
_________ _____________ _________ _________
Do you have a City of Roseville Business License? Yes____ No____
License #____________
*For Public Works Projects (SB854): Contractors must register with the Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5. The Contractor shall provide proof of current registration with the Department of Industrial Relations for both itself and all listed subcontractors with their proposal. Contractors may register at: http://www.dir.ca.gov/public-works/publicworks.html
DIR contractor registration number and expiration date:
*____________________________________________
X
00852141
1001149564 ; 06/30/2026
1132910
Advanced Chemical
Transport LLC A HAZ 02/28/2027
City of Roseville | Request for Proposal RFP 07-121
Hazardous & Non-Hazardous Waste Disposal Advanced Chemical Transport, LLC | 31
REQUIRED STATEMENTS/DOCUMENTS CONT.
Attachment F
NONCOLLUSION DECLARATION TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
The undersigned declares:
I am the _________________ of ______________________, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _______________________ [date], at _____________________ [city], ________________ [state].
____________________________________
(Signature of Declarant)
Vice President
Advanced Chemical
Transport LLC
03/30/2026 San Jose
California
Exceptions
I
Exceptions
Describe any and all proposed exceptions, alterations or amendments to the Scope of Services or other requirements of this RFP , including the Sample Contract (Attachment E). The nature and scope of your proposed exceptions may negatively affect the evaluation of your submittal and the City’s determination of whether it is possible to successfully negotiate a contract with your firm.
City of Roseville | Request for Proposal RFP 07-121
Hazardous & Non-Hazardous Waste Disposal Advanced Chemical Transport, LLC | 33
As the current incumbent contractor, ACTenviro presently operates under an existing agreement with the City of Roseville for similar services. In response to this RFP, ACTenviro has reviewed the Scope of Services and Sample Contract (Attachment E).
ACTenviro has provided limited edits and additional contract terms for the City’s consideration based on its experience performing these services under the current agreement. These proposed edits are intended solely to clarify contractual language and align with existing operational practices and are included for review in the Appendix. ACTenviro is fully prepared to negotiate these items in good faith during the contract negotiation process, should the City determine them to be acceptable.
This proposal is submitted contingent upon the right to negotiate an agreement with mutually acceptable contract terms and conditions, which are reflective of the work contemplated in the Request for Proposal documents, and an equitable distribution of the risks involved therein. In the event that such agreement cannot be reached, Republic Services reserves the right to decline to enter into such an agreement without prejudice or penalty.
EXCEPTIONS
Competency of Proposers
J
Competency of Proposers
The City wants to ensure that the successful Consultants has the nec - essary facilities, ability, experience, and financial resources to provide the services specified herein in a satisfactory and timely manner.
Please list and explain any pending bankruptcies, liens, stop payment notices, judgments, lawsuits, arbitrations, mediations, foreclosures, and any similar actions filed or resolved in the past seven (7) years.
Please indicate whether a client has ever terminated a contract with your firm for breach, and if so, please explain. Also, furnish a state - ment of financial resources demonstrating that the Consultant has the ability to maintain a staff of regular employees, sub-consultants or sub-contractors adequate to insure continuous performance of work, and demonstrating that the equipment for the work contem - plated is sufficient, adequate and suitable.
City of Roseville | Request for Proposal RFP 07-121
Hazardous & Non-Hazardous Waste Disposal Advanced Chemical Transport, LLC | 35
ACTenviro, a Republic Services Company, is financially stable, operationally capable, and legally qualified to provide the services required under this RFP with continuity, reliability, and sufficient staffing and resources throughout the contract term.
Legal, Financial, and Contractual Standing
ACTenviro represents that, to the best of its knowledge and belief, there are no pending bankruptcies, liens, stop-payment notices, judgments, foreclosures, or similar actions that would materially affect the firm’s ability to perform the services required under this RFP. Any litigation, arbitration, mediation, or claims that may have occurred in the ordinary course of business within the past seven (7) years have been resolved or managed without adverse impact on service delivery, financial standing, or contractual performance.
ACTenviro further states that no client has terminated a contract with the firm for breach.
Financial Resources and Staffing Capacity
ACTenviro has the financial resources, facilities, and operational capacity necessary to ensure continuous and timely performance of the requested services. ACTenviro is a wholly owned subsidiary of Republic Services, Inc., a publicly traded company, providing substantial financial stability, corporate support, and access to enterprise-level resources.
ACTenviro maintains a qualified workforce of regular employees and company-owned equipment sufficient to meet the City of Roseville’s needs. In addition, through Republic Services, ACTenviro has access to a nationwide workforce of more than 42,000 employees, providing scalability, redundancy, and operational depth to support emergency response, staffing continuity, and sustained performance over the life of the contract.
COMPETENCY OF PROPOSERS
City of Roseville | Request for Proposal RFP 07-121
Hazardous & Non-Hazardous Waste Disposal Advanced Chemical Transport, LLC | 36
APPENDIX
Years In the Industry
Dan Wildeman
Regional Sales Executive
>1 year 10 years
Career Highlights
Dan is extremely motivated and organized individual with 13+ years of project support, sales, and client relations, 10 of those years in the hazardous waste industry. Dab achieved a consistent and efficient increase in customer base, revenue, and job productivity over the past 13 years. A safety-conscious and hardworking team player looking.
Work Experience
ACT Environmental, a Republic Services Company 2025-Present Regional Sales Executive
Regional Leadership: Responsible for driving hazardous waste and environmental services sales across Sacramento and Northern California, supporting municipal, industrial, and commercial clients. Revenue Accountability: Manage a $1.3M annual portfolio with consistent growth through strategic account management and new business development.
Client Engagement: Lead customer communication, scope development, and proposal strategy for hazardous waste removal, disposal, and emergency response services. Project Development: Oversee estimating and coordination for complex projects, ensuring compliance with DTSC, DOT, EPA, and OSHA requirements.
Technology Proficiency: Skilled in Salesforce CRM for pipeline management, forecasting, and client relationship tracking.
Graymar Environmental 2024-2025
Business Development Manager
Manager for all customer services/sales within the Northern California territory. Managed all current acquisitions and onboarding of new customers. Pursued new lines of business/accounts.
Managed all RFP’s/proposals for the Northern California area. Started progressive check-ins/customer service tracking for all accounts within the territory. Managed P&Ls for the territory.
Responsible for $2 million dollar sales of the targeted business.
Republic Services 2013-2016
Territory Sales Executive
Head of Business Development in the Sacramento Area, responsible for 112 active accounts. Responsible for meeting quarterly sales goals.
Oversaw all customer issues and needs.
Oversight of all environmental and safety concerns of projects. Facilitator for both the customer and the operations team. Responsible for estimation and resource assignment for each project.
HydroChemPSC 2013-2016
Project Manager/Sales
Responsible for the productivity of labor/equipment on job sites. Facilitated onsite waste disposal/profiling.
Monitored transportation and job plans.
Years Experience with this firm
Employee Title
Full Name
City of Roseville | Request for Proposal RFP 07-121
Hazardous & Non-Hazardous Waste Disposal Advanced Chemical Transport, LLC | 37
KEY PERSONNEL RESUMES CONT.
Responsible for all safety procedures on job sites.
Coordinated all morning JSA tailboards and LPSA conversations. Oversight of all environmental and safety concerns of projects.
Education
University of Santa Cruz 2007 Santa Cruz, CA
Psychology & Philosophy
Qualifications/Skills/Certificates/Licenses/Specialized Training OSHA HAZWOPER 40-Hour
OSHA 8-Hour Refresher (current)
EMT Certificate – State of California
Asbestos Supervisor Certification
City of Roseville | Request for Proposal RFP 07-121
Hazardous & Non-Hazardous Waste Disposal Advanced Chemical Transport, LLC | 38
KEY PERSONNEL RESUMES CONT.
Years In the Industry
Greg McGuinness
Operation/Technical Manager
5 years 25 years
Career Highlights
With over 25 years in hazardous waste management, Greg has consistently demonstrated exceptional leadership in managing staff, ensuring regulatory compliance, and achieving seamless project completion. Having held key roles such as Field Operations Supervisor, Project Manager, and Supervisor at Clean Harbors, Greg brings a proven track record of overseeing complex projects with a focus on safety, efficiency, and client satisfaction.
Greg’s expertise includes supplier monitoring, financial statement review, policy development and enforcement, and departmental oversight. He has successfully supervised schedules, coordinated resources, and controlled maintenance operations to ensure projects are completed on time and within budget. Known for his hands-on approach, he has effectively overseen equipment operators and labor teams, ensuring all work meets the highest standards of productivity, cost-effectiveness, and safety
Work Experience
ACT Environmental 2019-Present
Operations Manager
Administration of day-to-day Field Operations, work with Field Project Managers and Supervisors to ensure operations are planned and executed to the highest safety and quality standards. Interact with Sales and Support staff as well as clients to ensure customer expectations are met and/or exceeded.
Financial duties include review of purchasing quotes, approval of PO generation, and approval of invoice processing.
Staffing duties include interviewing potential candidates, hiring and training new employees, rewarding and disciplining employees.
Clean Harbors 2017-2019
Project Manager
Supervised schedule, coordinated, and controlled the service of maintenance operations of the company including providing services in a safe, effective and professional manner that met the schedule and cost projections for each project. This resulted in the company achieving optimum performance conditions of productivity, cost effectiveness, safety, and ease of operation.
Clean Harbors 2013-2014
Supervisor
Provided direct oversight of jobsite resources including but not limited to: personal equipment materials and supplies and implement the same effect.
Provided safe, efficient, and profitable execution of all assigned projects.
Clean Harbors 2011-2013
Foreman
Supervised equipment operators and labors for specific projects, including ensuring that the health and safety organizational program requirements were adhered to and work performed on time and within budget.
Education
Hogan High School
High School Diploma
Years Experience with this firm
Employee Title
Full Name
City of Roseville | Request for Proposal RFP 07-121
Hazardous & Non-Hazardous Waste Disposal Advanced Chemical Transport, LLC | 39
KEY PERSONNEL RESUMES CONT.
Years In the Industry
Will Strachan
Operation Support Supervisor
5 years 30 years
Career Highlights
With over 30 years of experience in the environmental services industry, Operations Support Supervisor Will has a proven track record of excellence in operational management and sales. Having held leadership roles such as Regional Operations Manager and Chemical Services Manager, Will brings extensive expertise in managing and scaling operations across the Western U.S.
Will’s responsibilities have included overseeing the management and sales of chemical services, ensuring efficiency, compliance, and profitability for multiple locations. With deep knowledge of operational workflows, he has successfully led teams, streamlined processes, and maintained high-performance standards across a variety of chemical services locations.
Known for his strategic thinking and leadership capabilities, Will excels at aligning operational objectives with organizational goals, delivering sustainable growth, and fostering strong relationships with clients and stakeholders.
Work Experience
ACT Environmental 2019-Present
Operations Manager
Operational Management – All
Fremouw Environmental 2015- 2019
Operation Manager/Supervisor
Operational Management – All
Clean Harbors 2011- 2015
Regional Operations Manager
Operational Management of Western U.S., Chemical Services Locations
Philip Services Corp. (PSC) 1993- 2011
Chemical Services Manager
Management and Sales of Chemical Services Group, Western U.S.
Education
Oroville High School
High School Diploma
US Army Primary Leadership Development Course 1991
Chemical Services Engineering Course; PSC 1996
Supervision and Management Course; PSC 1999
Business Line Management Course; PSC 2001
Years Experience with this firm
Employee Title
Full Name
City of Roseville | Request for Proposal RFP 07-121
Hazardous & Non-Hazardous Waste Disposal Advanced Chemical Transport, LLC | 40
KEY PERSONNEL RESUMES CONT.
Qualifications/Skills/Certificates/Licenses/Specialized Training OSHA HAZWOPER 40-Hour
OSHA 8-Hour Refresher (current)
DOT Hazmat Employee (HM-181 & 232) with
required recertification training
RCRA Hazardous Waste Regulations with refreshers
Emergency Response Operations (Levels A/B/C and
D Training)
OSHA 29 CFR 1910.20 Haz Waste Operations &
Emergency Response Standard
CPR, First Aid
Confined Space Entry
Blood Borne Pathogens Training
Emergency Response / Spill Response Management
Tank Cleaning
Hazardous Waste Handling, Characterization,
Profiling, Transportation and Disposal
Chemical Transfers and Clean-Ups
Laboratory Clean-Up and Decontamination
Relevant Projects
Sonoma and Santa Rosa area fire cleanup services, both private through EQM/Cal Recycle.
Solano & Napa County LNU Fire Cleanup services, private sector phase 1 and Fire & Ash Debris Cleanup
El Dorado County private option fire cleanup services (currently).
Fish & Wildlife Emergency Response Contract to include illegal dump sites, inland waterway spills, and land- based incidents in northern California in its entirety.
Cal OES inland waterways certified response provider.
DTSC environmental contractor with experience in illegal burials, dump sites and criminal prosecutions.
Port of Stockton, Lehigh Cement. June 2017: Environmental Cleanup of large Cement Ship. Removed and decontaminated huge quantities of hazardous waste from large cement service vessel (610’ ship). Project Value $865,000 and 110 tons of waste removed.
SC Fuels, San Jose CA. May 2016: Decontaminated 88 storage vessels in various states of disrepair and environmental cleanup of leaking tanks. Project span of 4 weeks and 88 vessels cleaned and disposed of..
City of Roseville | Request for Proposal RFP 07-121
Hazardous & Non-Hazardous Waste Disposal Advanced Chemical Transport, LLC | 41
KEY PERSONNEL RESUMES CONT.
Hunt & Sons gasoline truck fire, South Lake Tahoe and Truckee River. Removed over 1,000 yards of fuel contaminated creek bank as well as contained & performed river remediation efforts.
CA Department of Fish & Wildlife, Nevada City CA, 2020: Environmental cleanup of large diesel spill resulting from semi-trailer crash near HWY 20. Removal of fuel impacted soil totaling 900 tons.
Ramos environmental cleanup, Elk Grove, 2018.: Environmental cleanup of large gasoline release resulting from semi-trailer crash near on HWY 99. Removal of fuel impacted soil totaling 700 tons.
City of Roseville | Request for Proposal RFP 07-121
Hazardous & Non-Hazardous Waste Disposal Advanced Chemical Transport, LLC | 42
KEY PERSONNEL RESUMES CONT.
Years In the Industry
Devin Kilmer
Project Manager
13 years 18 years
Career Highlights
Devin is a seasoned Project Manager and Class A Driver with over a decade of hands-on experience in hazardous waste management. Since joining ACTenviro in 2013, Devin has successfully planned, coordinated, and executed complex hazardous materials projects while ensuring strict compliance with OSHA, EPA, and DOT regulations.
He brings a strong field-based background, overseeing technicians, optimizing workflows, enforcing safety protocols, managing manifests and regulatory documentation, and serving as the primary liaison between clients and internal teams. With prior emergency response experience through the California Conservation Corps, Devin is known for reliability, leadership, and a safety-first approach in demanding operational environments.
Work Experience
ACT Environmental, a Republic Services Company 2013-Present Project Manager
Optimize workflow/processes to improve efficiency and enhance compliance Supervise and train technicians, ensuring adherence to safety standards Develop and enforce safety protocols to mitigate risks Plan, coordinate, and execute hazardous material projects, ensuring OSHA, EPA, and DOT regulations
Act as primary liaison between clients and internal stakeholders Safely transport hazardous waste materials in accordance with DOT and company regulations Conduct pre and post-trip inspections to ensure vehicle safety and compliance Manage documentation, including manifests and other required paperwork Utilize expertise in handling roll off bins and heavy drums for efficient waste disposal
California Conservation Corps 2008-2012
Corpsmember
Engaged in diverse projects, including wildfire response, trail construction, and habitat restoration Acquired valuable skills in teamwork, leadership, and environmental stewardship Received training in areas such as firefighting techniques and resource management Contributed to emergency response efforts and demonstrated a commitment to community and environmental service
Education
High School Diploma
Years Experience with this firm
Employee Title
Full Name
City of Roseville | Request for Proposal RFP 07-121
Hazardous & Non-Hazardous Waste Disposal Advanced Chemical Transport, LLC | 43
KEY PERSONNEL RESUMES CONT.
Years In the Industry
Luis Montoya
Technician
7 years 7 years
Career Highlights
Luis Montoya is a highly skilled Environmental Technician with over 7 years of experience in hazardous waste handling, emergency response, and remediation projects. He specializes in collecting, segregating, and packaging hazardous materials for safe transport and disposal, ensuring compliance with federal, state, and local regulations. Luis has supported numerous emergency response operations and household hazardous waste (HHW) events, demonstrating strong technical expertise and a commitment to safety.
Work Experience
ACT Environmental, a Republic Services Company 2018-Present Technician
Collect, segregate, and package hazardous waste for transport and disposal in compliance with DTSC, DOT, EPA, and OSHA regulations.
Perform waste characterization, profiling, and documentation to ensure regulatory compliance Support Household Hazardous Waste (HHW) events by sorting and consolidating waste streams for cost-effective disposal.
Respond to emergency spill incidents, including jetting lines and containment for industrial clients. Assist in remediation projects, including liquid discharge operations for municipal clients. Operate equipment safely, including forklifts and confined space entry gear, while adhering to strict safety protocols.
Maintain accurate manifests, labels, and inspection logs for all hazardous waste pickups and emergency response activities.
Pedrick Produce 2012-2018
Associate
Stocked and organized produce, maintained cleanliness, and supported store operations.
Education
Dixon High School Dixon, CA
High School Diploma
Qualifications/Skills/Certificates/Licenses/Specialized Training OSHA HAZWOPER 40-Hour
OSHA 8-Hour Refresher (current)
DOT Hazmat Employee (HM-181 & 232) with
required recertification training RCRA Hazardous
Waste Regulations with refreshers
Emergency Response Operations (Levels A/B/C
and D Training)
OSHA 29 CFR 1910.20 Haz Waste Operations &
Emergency Response Standard CPR, First Aid
Confined Space Entry
Blood Borne Pathogens Training
Emergency Response / Spill Response
Management Tank Cleaning
Hazardous Waste Handling, Characterization,
Profiling, Transportation and Disposal Chemical
Transfers and Clean-Ups
Laboratory Clean-Up and Decontamination
Employee Relations/ Union Awareness
Corrective Action Training; Hazmat Placarding
Years Experience with this firm
Employee Title
Full Name
City of Roseville | Request for Proposal RFP 07-121
Hazardous & Non-Hazardous Waste Disposal Advanced Chemical Transport, LLC | 44
KEY PERSONNEL RESUMES CONT.
Years In the Industry
Joseph Garcia
Lead Driver/Foreman
7.5 years 25 years
Career Highlights
Joseph Garcia is an experienced Lead Driver and Foreman with over 25 years in hazardous waste management and emergency response. He specializes in crew leadership, hazardous waste categorization, packaging, and compliant transportation. Joseph has managed large-scale cleanup operations, including fire recovery, illegal dumpsite remediation, and EPA mine restoration projects, ensuring safety and regulatory compliance at every stage.
Work Experience
ACT Environmental, a Republic Services Company 2018-Present Lead Driver/Foreman
Collect, segregate, and package hazardous waste for transport and disposal in compliance with DTSC, DOT, EPA, and OSHA regulations.
Lead hazardous waste transportation and disposal operations across Northern California, ensuring compliance with DTSC, DOT, EPA, and OSHA regulations.
Supervise crews during emergency response events, including fire recovery and illegal dumpsite cleanups.
Perform waste characterization, profiling, and documentation for regulatory compliance. Coordinate logistics for large-scale projects, including packaging and transporting hazardous materials from multiple properties.
Operate and maintain specialized equipment for spill response, tank cleaning, and confined space entry. Train and mentor team members on safety protocols and hazardous waste handling procedures.
Ramos Environmental 2000-2018
Hazardous Materials Driver
Emergency response cleanup services, hazardous materials driver, labpack technician.
Education
High School
High School Diploma
Qualifications/Skills/Certificates/Licenses/Specialized Training OSHA HAZWOPER 40-Hour
OSHA 8-Hour Refresher (current)
DOT Hazmat Employee (HM-181 & 232) with
required recertification training RCRA Hazardous
Waste Regulations with refreshers
Emergency Response Operations (Levels A/B/C
and D Training)
OSHA 29 CFR 1910.20 Haz Waste Operations &
Emergency Response Standard CPR, First Aid
Confined Space Entry
Blood Borne Pathogens Training
Emergency Response / Spill Response
Management Tank Cleaning
Hazardous Waste Handling, Characterization,
Profiling, Transportation and Disposal Chemical
Transfers and Clean-Ups
Laboratory Clean-Up and Decontamination
Employee Relations/ Union Awareness
Years Experience with this firm
Employee Title
Full Name
City of Roseville | Request for Proposal RFP 07-121
Hazardous & Non-Hazardous Waste Disposal Advanced Chemical Transport, LLC | 45
KEY PERSONNEL RESUMES CONT.
City of Roseville | Request for Proposal RFP 07-121
Hazardous & Non-Hazardous Waste Disposal Advanced Chemical Transport, LLC | 46
ACTenviro provides an initial 40-hour
training class to all personnel before
assigning them to any field projects
involving hazardous materials.
The course is designed to meet
OSHA 29 CFR 1910.120, U.S. EPA
Orders 1440.2 and 1440.3, and Cal
OSHA 8 C CR 5192.
All service personnel must also pass a
DOT and OSHA/HAZWOPER physical
examination and receive certification
to wear a respirator before working
with hazardous materials. All
personnel receive an annual physical
as a part of ACTenviro’s medical
monitoring program. All 40-hour
trained personnel also receive a
yearly eight-hour refresher training
course. Refresher courses consist
of relevant topics, including,
but not limited to, contingency
planning and emergency
response, decontamination, waste
characterization, hazardous materials
handling, a review of current
federal regulations, and container
management. Onsite supervisory
personnel and individuals tasked
with handling, storing, and treating
waste also receive additional training.
Emergency response training is
conducted per 29 CFR 1910.120
and the facility’s contingency plan.
Each employee, with a specific duty
established in the contingency
plan, will receive full training in
the specifics of their required
responsibilities or actions. This
training includes drills or simulated
emergencies to provide personnel
practice and determine the
adequacy and effectiveness of the
contingency plan.
ACTenviro’s training program for
hazardous materials transportation
personnel includes HM-126F
training, which addresses general
awareness, function-specific,and
safety training per DOT 49 CFR
172.704. At minimum, transportation
personnel are also provided 24-hour
TSD facility HAZWOPER training per
OSHA 29 CFR 1910.120(p).
Before working in the field,
ACTenviro’s technical service
chemists personnel must attend
a course in hazardous waste
management for lab pack operations.
This course covers regulation
overview (RCRA/CERCLA), waste
identification, selecting a DOT
shipping description, DOT hazard
class review, DOT & EPA labeling/
marking/placarding, POPS packaging
standards, manifesting & land
disposal restrictions, and hazardous
materials table.
ACTenviro’s technical services
personnel are trained to meet
or exceed federal, state, and
company requirements.
ACT Field Personnel, Including Managers,
Receive Training In:
OSHA’s 29 CFR 1910.120 – Hazardous Waste
Operations and Emergency Response Standard
initial 40-hour and 24-hour trained along with
8-hour refreshers as required.
Confined Space Entry
CPR/First Aid (Annually)
Respiratory Protection
Lead Awareness
DOT 126F Training
Emergency Response
Operations
(Level C/D Training)
Site Supervisors And Foremen Receive
Additional Training On:
10-Hour OSHA Competent Person Training
OSHA Excavation and Trenching Safety
OSHA20 CFR 1910.120 Supervisor Training
Supervisory Responsibilities
Identifying and Handling Hazardous Materials
TEAM TRAINING