Ebix Insurance No. S200000417
AMENDMENT NO. 1
TO THE AGREEMENT FOR THE PERFORMANCE OF SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
ADVANCED CHEMICAL TRANSPORT, INC. (ACT)
PREAMBLE
This agreement ("Amendment No. 1 ") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Advanced Chemical Transport, Inc, a California corporation, (Contractor). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A. The Parties previously entered into an agreement entitled "Agreement for the Performance of Services by and between the City of Santa Clara, California and Advanced Chemical Transport, Inc. dated on or about January 25, 2018 (Agreement);
B. The Agreement and its amendments are collectively referred to herein as the "Agreement as Amended"; and
C. The Parties entered into the Agreement as Amended for the purpose of having Contractor provide hazardous waste services, and the Parties now wish to amend the Agreement as Amended to extend the term and not to exceed value of the Agreement.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. Section 5 of the Agreement as Amended, entitled "Term of Agreement" is amended to read as follows: Unless otherwise set forth in the Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the Effective Date of this Agreement and terminate on December 31, 2022.
2. Compensation: The amount billed to City by Contractor for services under this Agreement as Amended will not exceed one million one hundred thousand dollars ($1,100,000) unless this agreement is amended. Contractor shall notify the City 60 days in advance of any changes anticipated to affect future rates. Al Amendment No. 1 to Agreement/ ACT Environmental
Rev. 0412020
such time, Contractor and City may enter into negotiations to amend this agreement to reflect proposed updated rates.
3. Proposal Dated 11/13/2017 shall be deleted and replaced with the attached Exhibit B, Schedule of Fees.
4. Except as set forth herein, all other terms and conditions of the Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of the Agreement and this Amendment No. 1, the provisions of this Amendment No. 1 shall control.
The Parties acknowledge and accept the terms and conditions of this Amendment No. 1 as evidenced by the following signatures of their duly authorized representatives.
Approved as to Form:
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Dated: (0 I i,1 \ l (}l,,l)
C-~ \~ tl\l~ '\,,,J~\(l_ ef EANN¥:)J.SANTANA BRIAN DOYLE City Attorney
"CITY"
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
ADVANCED CHEMICAL TRANSPORT, INC.
a California corporation
Dated: 4/27/2020
By (Signature): :S~ :S. f3cdt
Name: Shawn S. Ball
Title: VP of Sales
Principal Place of
Business Address: San Jose - --------- --------
Em a i I Address: SBall@ACTEnviro .com
Telephone: (949)607-6379
Fax: ____.__,__ _ _ ______ ____ _ __ _
"CONTRACTOR"
Amendment No. 2 to Agreement/ Advanced Chemical Transport Rev. 04/2020
Page2
e1111iro11111a11tal sar11lces
DATE: 04/27/2020
Diana Shiles
Silicon Valley Power
881 Martin Avenue
Santa Clara, CA 95050
Dear Ms. Shiles:
Exhibit B
Schedule of Fees
.flll.01JOSA~# I SVP 04272020NM
ACT is pleased to submit this proposal to contract services for your review and approval. ACT will provide requested environmental services including one or more of the following: consulting services, chemical relocations, chemical waste packaging, biological waste packaging, radioactive waste packaging, transportation, and disposal of packaged waste. An estimated cost for services appears below. Modifications to the pricing estimate, or additions to the scope of work which require pricing changes, will be included (as needed) in the form of an addendum titled Revised Pricing Schedule.
Prices will go into effect as soon as April 27/2020 and good through ( 12) months from this date.
LABOR RATES*
TRANSPORTATION *
T 408.548.5050
F 408.548.5052
HOURLY
DESCRIPTION CHARGE
Onsite Technician $55.00
Chemist $ 67.00
Hazardous waste endorsed Driver $ 67.00
Tanker Driver (Includes Tanker Truck) $ 95.00
Project Manag er $ 125.00
Project Lead Emergency Response $ 210.00
Emergency Response (Team of 2) $ 300.00
Manifest $ 30,00
Proflie Fee $ N/C
Per Diem $ 125.00
*All labor portal to portal from San Jose, CA. Headquarters *Minimum billing hours for onsite service is 2 hours
DESCRIPTION
5-20 Gallon
1210 Elko Dr., Sunnyvale CA, 94089
www.adva ncedch e mical.net
PER DRUM
CHARGE
$ 20.00
HOURS
Hour
Hour
Hour
Hou r
Hou r
Hour
Hour
Each
Each
Per Overnight
Stay
UOM
Each
OVERTIME
$83.00
$ 101.00
$ 101.00
$ 143.00
$ 188,00
I
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MATERIALS
ENERGY,
INSURANCE&
RECOVERY FEE*
30-55 Gallon drum
275 Gallon Totes
DESCRIPTION
PPE
5 Ga llon closed top poly carboy
5 Gallon open top poly drum
30 G allo n open top
SS Gallon Po ly closed top drum
55 Gallon Poly Open top drum
55 Gallon Metal closed top drum
55 Gallon Metal Open top drum
Gea r Truc k
pH Strip s
Spllfyt e rs
voe Sam pling (8260B)
Cam 17 Sampling
Decont aminat ion Suppli es
Pogo Pump
Expendable Material/Ne w
Costs/Outside Services
Stabilization Kit
DESCRIPTION
Total price does not Include applicable sales
rax and 8% Fuel and Energy surcharge
Scope of work will be:
I $ 33.oo I Each
I $ 100.00 I Each
UNIT COST Q UANTITY
$ 8.00 Each
$ 16.00 Each
$ 18.00 Each
$ 55.00 Each
$ 55.00 Each
$ 58.00 Each
$ 52.00 Each
$ 55.00 Each
$ 125.00 Each
$ 1.00 Each
$ 9.00 Each
$225.00 Each
$350.00 Each
$100.00 Per Proje ct
$50.00 Per Project
$TBD Per Project
$200.00 Per Project
Transport ation and Disposal of drums of waste in the standard box truck. Periorm onsite services 1-2 times per week or on an as needed basis.
Disposal prices are estimates based on profile/waste program acceptance and the specified waste disposa l programs. In the event, waste material is not accepted to the disposa l site waste program specified, another profile will be submitted to a different program.
T 408.548.5050
F 408.548.5052
1210 Elko Dr., Sunnyvale CA, 94089
www.advancedchemical.net
etwlrrm111e11tal ser11ices
Upon acceptance of this, the parties agree to be bound by the terms of the attached Service Agreement. The parties understand that the terms of this agreement and the terms of the Service Agreement make up the entire contract of the parties.
Additionally, ACT can and will create a emergency response plan in the event that a situation is to occur. This plan will include a location specific itemized listing as well as a generic plan for the on call team to follow. All Silicon Valley Power electrica l stations inclusive, but not limited to the list below will be managed.
I. 1705 Martin Avenue, Santa Clara, CA. 95050
2. 850 Duane Avenue, Santa Clara, CA. 95050
3. Gianera Power Plant-2339 Gianera Avenue, Santa Clara, CA. 95050
4. Coge n Power Plant-524 Robert Avenue, Santa Clara, CA. 95054
5. DVR Gas Compressor Building-850 Duane Avenue, Santa Clara, CA. 95050
6. Stony Gorge Power House - 2550 Co Road, 306, Elk Creek, CA 95939
7. Black Butte Power House - near Black Butte Reservoir, Newville Road, Orland , CA.
8. High Line Canal - near cemetery, Orland, CA. 95316
9. Fie ld Respsonse to anywhere in the Silicon Valley Power service territory If the City reque sts a more detailed, comprehensive emergency response plan for each location, ACT may provide those services at the hour ly rate for consult ing services.
ACT emergency response times for the Santa Clara location will be approximately 2 hours or less, and the Orland and Willows locations will be approximately 6 hours or less depending on various factors, time of day, traffic, etc.
ACT appreciates your confidence in our abilities. Should you have any questions or if we can be of further service, please do not hesitate to contact us.
Sincerely,
Nicol!e n. Mttrti11az, MBA
Account Manager
ACTenviro
T 408.548.5050
F 408.548.5052
1210 Elko Dr., Sunnyvale CA, 94089
www.advancedchemical.net