EMERGENCY RESPONSE RATES

PERSONNEL
Experienced supervisory, technical, and equipment operating personnel are available for emergency spill response and spill cleanup operations, 24 hours a day, 365 days a year. Normal hours of operation are from 0800 hrs (8:00 am) to 1700 hrs. (5:00 pm) Monday through Friday.
All labor charges will be in accordance with Anderson Pollution Control, Inc. service receipts. Charges for personnel are portal to portal. Anderson Pollution Control, Inc. will invoice customer for personnel and the time required to mobilize, service, repair, and restock all vehicles and response equipment used in the performance of services. OVERTIME RATES for personnel will be charged at a rate of time and a half between 1700 hrs (5:00 pm) and 0800 hrs (8:00 am) Monday through Thursday, and between the hours of 1700 hrs (5:00 pm) on Friday through 0800 hrs (8:00 am) Monday. DOUBLE TIME RATES will be applied to the following National Holidays: New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. A 4‑hour minimum call‑out charge will apply to all labor call‑outs.

In the event that Anderson Pollution Control, Inc. responds to a request from a governmental agency and/or third party and/or customer and/or on behalf of customer for record gathering and/or litigation support, including but not limited to any proceeding, deposition, hearing or trial, and whether during the performance of services or any time after; Customer hereby agrees to and will pay to Anderson Pollution Control, Inc. the charges for the personnel provided and/or requested and/or required in the amount corresponding to the personnel designation in this rate sheet and will further reimburse Anderson Pollution Control, Inc. for reasonable expenses incurred as a result including transportation, parking and/or lodging if necessary.        Top

TRAVEL, LODGING AND PER DIEM
For all Anderson Pollution Control, Inc. employees who do not reside in the local commuting area from the work site, a minimum Per Diem charge of $110.00 per day per employee will be invoiced to the customer for such expenses incurred. Furthermore, any expenses for commercial transportation will be invoiced back to the customer at rate of cost plus 20%.          Top

AUTOMOTIVE EQUIPMENT
All automotive equipment rate charges are portal to portal. A 4 hour minimum time will be charged on all call out services. A mileage charge of $0.50 per mile after the first 50 miles will be added to all automotive equipment. A fuel surcharge will be charged on all automotive on‑road equipment at a rate of 20% of the hourly or daily rate. Off‑road equipment such as heavy construction equipment or marine equipment will be billed a surcharge at a rate of 10% of the hourly or daily rate.          Top

EQUIPMENT DECONTAMINATION
Spill Control equipment is billed on a time and material basis from portal to portal, and will continue until decontamination or washout services are complete.          Top

DAMAGED / CONTAMINATED EQUIPMENT REPLACEMENT
If, during performance of a service and/or services for a customer, equipment sustains damage which renders the equipment beyond repair or renders decontamination impossible, said equipment will be subject to a replacement charge at Anderson Pollution Control, Inc.'s cost plus 15% unless said damage was sustained as a result of misuse by an Anderson Pollution Control Inc. employee.          Top

FUEL SURCHARGE
A fuel surcharge of 20% of the hourly/Daily Equipment/Vehicle rate will be charged on all Motorized Equipment.           Top

INSURANCE
The rates in the RATE SCHEDULE include insurance coverage for Worker's Compensation, General Liability, Pollution and Automobile Liability. A Certificate of Insurance will be forwarded upon request. These rates do not include work performed under the U. S. Longshoremen's and Harbor Workers Act (33 USC ss 9010950). For work performed under this statute, an additional 69% surcharge per $100.00 of wages will be assessed on labor only.           Top

STAND‑BY RATES
Stand‑by rate will be equal to the daily rates in this schedule unless otherwise agreed to in writing on case‑by‑case basis. Full rates will apply for personnel and per diem, while equipment will be billed at half the daily or hourly rate until utilized or released. A minimum daily charge of eight (8) hours per day will be billed for standby work done outside of 150‑mile radius of employee's home office.          Top

PLACE OF PERFORMANCE
The procurement of Anderson Pollution Control, Inc.'s services may not be in the same county as the work‑site area. Customer is obligated to make payment to Anderson Pollution Control, Inc. in Montgomery County, Texas for services provided. Because this agreement has been procured and/or managed and administered by Anderson Pollution Control, Inc.'s corporate office in Montgomery County, Texas this agreement is being performed in Montgomery County, Texas. The validity, interpretation and performance of the services and payment and the contents herein are to be interpreted and enforced pursuant to the laws of the State of Texas and any suit in connection herewith will be filed in Montgomery County, Texas.          Top

SUBCONTRACT SERVICES / THIRD PARTY SERVICES
A 20% handling charge will apply and be invoiced for all shipping and transportation of equipment, materials, and goods regardless of whether such equipment, materials and goods appear on Anderson Pollution Control, Inc.'s rate schedule. This includes but is not limited to personnel, equipment, materials or goods, laboratory services, damage waivers and/or other services. Cost, as used herein, is defined as the amount invoiced to Anderson Pollution Control, Inc. by a third party supplier of materials, goods personnel, equipment and/or services.          Top

TAXES
All domestic federal, state, and municipal taxes, except income taxes and ad‑valorem taxes, now and hereinafter imposed with respect to services rendered, to rental equipment, to the processing, manufacture, repair, and to the delivery and transportation of equipment and supplies will be added to and become part of the total price payable by the customer. If a customer claims an exemption from payment of Texas Sales and Use Tax, the customer will be required to render an exemption certificate or a Resale Certificate to Anderson Pollution Control, Inc. for said exemption to apply to the services rendered. If for any reason the services rendered result in the assessment of foreign income taxes, excise taxes, or other fees alleged as owing to a foreign state or government, the customer will pay directly the amount of any assessment or fee. In the event Anderson Pollution Control, Inc. pays any such foreign tax or fee directly, customer will promptly reimburse Anderson Pollution Control, Inc. for such amount.          Top

TERMS
The term of payment for all invoices is Net 15 days upon receipt of invoice in US Dollars (US $). The balance of any invoice not timely paid will accrue a finance charge computed at the periodic rate of one and one half percent (1.5%) per month beginning on the first day of the first month following any delinquency. Customer is obligated to make payment to Anderson Pollution Control, Inc. at its principal office at 1011 West Lewis, Ste. A-- Conroe, Texas ‑‑ 77301‑2219 in Montgomery County, Texas          Top