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22-067 Patriot Environmental_Amendment #1 dated 6-25-25 for Emergency Response Environmental Clean-up Services
1 FIRST AMENDMENT TO AGREEMENT 471 BETWEEN THE CITY OF CUPERTINO AND PATRIOT ENVIRONMENTAL SERVICES, INC. FOR EMERGENCY RESPONSE ENVIRONMENTAL CLEAN-UP SERVICES This First Amendment to Agreement 471 is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and Patriot Environmental Services, Inc, a Corporation (“Contractor”) whose address is 508 East E Street, Unit A, Wilmington, CA 90744, and is made with reference to the following: RECITALS: A. The City and Contractor entered into an Agreement for Emergency Response Environmental Clean-Up Services, effective May 18, 2022 (“Agreement”) with a term expiring on June 30, 2025. B. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Paragraph 3.1 of the Agreement is modified to read as follows: Term. This Contract begins on the Effective Date and ends on June 30, 2027 (“Contract Time”), unless terminated earlier as provided herein. The City’s appropriate department head or City Manager may extend the Contract Time through a written amendment to this Contract, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy. 2. Paragraph 4.1 of the Agreement is modified to read as follows: Maximum Compensation. City will pay Contractor for satisfactory performance of the Work a total amount that will be based upon actual costs but that will be capped so as not to exceed $120,000 (“Contract Price”), based upon the Scope of Work in Exhibit A and the budget and rates included. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. Exhibit A of the Agreement is replaced with a new Exhibit A-1 attached hereto. 3. Paragraph 12 of the Agreement is modified to read as follows: Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit C, and must maintain the insurance for the Contract Time, or longer as required by City. City will not execute the Contract until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Contract. Exhibit C of the Agreement is replaced with a new Exhibit C-1 attached hereto. 2 4. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CITY OF CUPERTINO By Title Date APPROVED AS TO FORM Senior Assistant City Attorney ATTEST: City Clerk Date PATRIOT ENVIRONMENTAL SERVICES, INC By Title Date EXPENDITURE DISTRIBUTION Item PO Number Amount Original Agreement Master Agreement 2022-021 60,000 Emergency hydraulic fluid cleanup caused by Zanker Landscape Invoice 08-22-00512-1 23,134.75 Amendment 1 Extend Term; Increase NTE 60,000 Total - 96,865.25 Shawn S. Ball SVP 06/24/2025 Director of Public Works 06/25/2025 06/25/2025 Patriot Environmental Services www.patriotenvironmental.com 24 Hour Emergency Response Line (800) 624-9136 CORPORATE HEADQUARTERS 1250 E. 23rd St Signal Hill, CA 90755 (562) 436-2614 CA REGIONAL LOCATIONS Bakersfield Fresno Long Beach/Los Angeles Ontario Richmond Sacramento San Diego Santa Clarita Ventura/Santa Paula NV REGIONAL LOCATIONS Las Vegas Reno AZ REGIONAL LOCATIONS Phoenix OREGON REGIONAL LOCATION Portland WASHINGTON REGIONAL LOCATION Richland Spokane “Prepared and Professional” City of Cupertino July 1, 2025 Patriot Environmental Services strives to be the premier provider of comprehensive environmental services in the southwestern United States to accomplish Patriots’ mission we employ talented, reliable individuals with extensive and broad-ranged experiences, and provide them with the tools and technology necessary to meet client needs. Patriot will ensure that the services and technique provided will be efficient and effective in any situation, on land or on the water. Every client will receive the highest-level attention to his or her individual needs. Patriot's clients know that the company is prepared, available, and reliable … no matter when or where we are called upon. Surcharge fee of 15% shall be applied to all invoices and subject to both labor and materials less taxes. EXHIBIT A-1 PERSONNEL LABOR STRAIGHT TIME OVERTIME PREMIUM TIME CODE DESCRIPTION PER HOUR PER HOUR PER HOUR SP Senior Project Manager 213.59 248.85 284.00 PM Project Manager 177.00 213.00 249.00 CH Chemist / Industrial Hygenist 177.00 213.00 249.00 HS Health & Safety Manager 142.00 177.50 213.00 AM Assistant Project Manager 142.00 177.50 213.00 HM Hazardous Material Specialist 107.00 160.00 207.00 FS Field Supervisor 107.00 160.00 207.00 HT Hazardous Material Technician 93.00 138.00 185.00 SF Site Foreman 85.00 128.00 170.00 CR Confined Space Rescue Technician 85.00 128.00 170.00 VO Vessel Operator 78.00 117.00 156.00 G-5 Operating Engineer 167.50 220.25 273.00 G-4/5/8 Teamster 141.70 181.00 220.50 G-3 Laborer 124.25 158.75 193.25 Notes: 7. Surcharge fee of 15% shall be applied to all invoices and subject to both labor and materials less taxes. Subcontractors' services will be listed on the Patriot Daily Work Report. Client agrees not to contact Patriot's subcontractors, directly or indirectly (including through agents), to attempt to secure the subcontractor's services for work to complete the Services, except through Patriot, or to seek to induce the Subcontractors to violate the terms of their agreements with Patriot. 3. Outside services for any incidental costs for all emergency response personnel are charged at cost plus 20%. Per diem charges for decontamination and/or repair of equipment. Personnel are charged in half-hour increments. 5. Commercial transportation for Patriot employees will be reimbursed at Patriot cost plus twenty (20%). 6. Services shall be performed by employees of Patriot, or its subcontractors who will be controlled and under the sole authority of Patriot, and who will be compensated for performance of the services directly by Patriot under the terms and conditions of their agreements with Patriot. Patriot will be responsible for the qualification of any subcontractors used to perform services on behalf of client. Client will be billed for services by Patriot's subcontractors at the greater of the rates listed in the Patriot Fee Schedule of Services Rate categories apply to personnel working during specified time of day regardless of the number of hours worked for the Client on that or the cost of the subcontractor's services plus an administrative charge of twenty percent (20%) of the cost of these services. particular day. 1. Minimum call out for out of area projects is 8 hours per person. 2. Personnel time charges begin with equipment and personnel mobilization at the time of the call out. Time charges terminate at the conclusion of the operation, which includes transportation back to Patriot Environmental Operations Center and any necessary 4. Surcharges may apply to cover unanticipated costs resulting from circumstances beyond the control of Patriot. meals are $50.00 per person per day. Crew lodging rates are $175.00 per person per day. For some areas, higher rates may apply. Minimum call out is 4 hours per person. Straight Time - Monday through Friday from 0700-1500, including chargeable 1/2 hour meal break. Overtime - All other hours Monday through Friday (up to 12 consecutive working hours) and the 1st 8 hours on Saturday. Premium Time - After 12 consecutive working hours Monday through Friday, all subsequent hours on Saturday and all hours on Sunday & Holidays. Billing Rate in effect until a minimum 6 hour break is provided. July 1, 2025 Page 2 of 9 PERSONNEL-25 EQUIPMENT DESCRIPTION ITEM NUMBER UNIT RATE MARINE RESPONSE EQUIPMENT Contractor Boom, up to 8" x 12"2002 Per Foot/ By Day 4.25$ Boom Anchor Set 2004 Day 68.00$ Hull Magnets 2006 Day 68.00$ Disc Skimmer w/Power Pack 2010 Hour 340.00$ Elastec Magnum 4-Drum Skimmer w/Power Pack 2012 Hour 464.00$ Skimpak 2014 Hour 80.00$ Response Vessel, 30 - 34'2016 Hour 291.00$ Response Vessel, 25' - 29'2018 Hour 229.00$ Response Vessel, 15' - 24'2020 Hour 186.00$ Skiffs w/Outboard, 14' or less 2022 Hour 80.00$ Skiffs w/o Outboard, 14' or less 2024 Hour 43.00$ 0.00 **The above items are subject to a "stand by rate" equal to 1/2 the operating rate EXCAVATION EQUIPMENT Backhoe 2052 Hour 136.00$ Backhoe Attachment 2054 Day 315.00$ Skidsteer Loader / Bobcat 2056 Hour 115.00$ Skidsteer Loader Attachment 2058 Day 215.00$ Excavator, Mini 2060 Hour 115.00$ Excavator, up to 45,000 lb 2062 Hour 251.00$ Excavator, 45,000 lb and up 2064 Hour 301.00$ Excavator Attachment 2066 Day 932.00$ Loader, 3 Yard Bucket 2068 Hour 215.00$ Loader, 5 Yard Bucket 2070 Hour 250.00$ Heavy Equipment Delivery/Pickup 2072 Hour 215.00$ RESPONSE AND SUPPORT TRAILERS 30' Command Center 2102 Day 717.00$ Mobile Incident Command Center 2104 Day 1,434.00$ Confined Space Rescue Equipment Box 2106 Day 466.00$ Emergency Response Logistics Trailer, 48'-53' 2108 Day 645.00$ Emergency Response Trailer, 24' or less 2110 Day 465.00$ Flatbed Trailer, up to 48'2112 Day 358.00$ ATV Trailer 2114 Day 179.00$ Boom & Skiff Trailer 2116 Day 143.00$ Spray Trailer w/ 200 Gallon Tank 2118 Day 143.00$ HEAVY DUTY SUPPORT UNITS 120 Barrel Black Iron Vacuum Tanker 2152 Hour 50.00$ 120 Barrel Stainless Steel Vacuum Tanker 2154 Hour 57.00$ 35 - 70 Barrel Black Iron Vacuum Truck 2156 Hour 50.00$ 35 - 70 Barrel Stainless Steel Vacuum 2158 Hour 57.00$ Roll-Off Truck, Single Bin 2160 Hour 50.00$ Roll-Off Truck, Double Bin 2162 Hour 57.00$ Rocket Launcher 2164 Hour 57.00$ July 1, 2025 Page 3 of 9 EQUIPMENT-'25 EQUIPMENT DESCRIPTION ITEM NUMBER UNIT RATE Heavy Duty Tractor 2166 Hour 57.00$ End Dump 2168 Hour 79.00$ Hydro Excavation Unit 2170 Hour 265.00$ Vactor/Jetter Combo Unit 2172 Hour 265.00$ Guzzler/Air Mover Unit 2174 Hour 215.00$ Crane Truck, 10 - 18 Ton 2176 Hour 179.00$ Dump Truck, up to 10 yard 2178 Hour 143.00$ Water Truck, up to 3,000 gallons 2180 Hour 158.00$ TRUCKS/VEHICLES Gear Truck, Less Than 1 ton 2202 Hour 29.00$ Gear Truck, 1 Ton - 3 Ton 2204 Hour 36.00$ Gear Truck, 3 Ton - 5 Ton 2206 Hour 40.00$ Box Truck, ER Equipped 2208 Hour 67.00$ 15 Passenger Personnel Support Van 2210 Hour 38.00$ All Terrain Vehicle 2212 Day 402.00$ Utility All Terrain Vehicle 2214 Day 469.25$ SUPPORT EQUIPMENT Air Compressor, 100-385 CFM 2252 Day 314.00$ Copus Blower, CP-20 2254 Day 214.50$ Horn Blower, Venturi 2256 Day 221.25$ Mity-Mite Blower, Trailer Mount 2258 Day 1,407.25$ Pressure Washer, 3,000 PSI - Single Unit 2260 Hour 53.50$ Pressure Washer, 3,000 PSI - Double Unit 2262 Hour 74.00$ Hydroblaster, 10K 2264 Hour 147.50$ Hydroblaster, 20K 2266 Hour 201.25$ Hydroblaster, 36K 2268 Hour 268.00$ Hydroblaster Attachments 2270 Day 201.25$ Mini Guzzler, Trailer Mounted 2272 Hour 268.00$ Mini Jetter, Trailer Mounted 2274 Hour 201.25$ Mini Roll Off Trailer, Trailer Mounted 2276 Hour 101.00$ 2" Pump, Petroleum and Chemical 2278 Day 101.00$ 3" Pump, Petroleum and Chemical 2280 Day 40.00$ 4" Pump, Petroleum and Chemical 2282 Day 295.00$ 6" Pump, Petroleum and Chemical 2284 Day 335.25$ 2"-4" Pump Hose 2286 Foot 435.50$ Vactor Flex Hose, 6"2288 Foot 670.00$ Drum-Mount Vacuum 2290 Day 2.15$ Truck Ramp / Deck Plate 2292 Day 4.00$ Drum Dolly 2294 Day 167.50$ Chain Saw 2296 Day 268.00$ Sawzall 2298 Day 47.00$ Weed Wacker 2300 Day 74.00$ Lawnmower 2302 Day 100.50$ Hand Tools (rake, shovel, broom, squeegee, scraper, Seals )2304 Day 13.50$ Ladder, A-Frame and Extension 2306 Day 13.50$ July 1, 2025 Page 4 of 9 EQUIPMENT-'25 EQUIPMENT DESCRIPTION ITEM NUMBER UNIT RATE Chipping Gun, Pneumatic 2308 Day 56.50$ Light Tower 2310 Day 382.00$ Demolition Torch 2312 Day 435.50$ Cut-Off Saw 2314 Day 167.50$ Personnel Decon Station 2316 Day 335.25$ Decontamination Pool, 10' x 50'2318 Day 335.25$ Decontamination Pool, 100' x 20'2320 Day 871.25$ Forklift, 6k - 10k 2322 Day 375.25$ Generator, 4 to 7.5 kW 2324 Day 154.00$ Jackhammer 2326 Day 301.50$ Portable Light, Explosion Proof 2328 Day 67.25$ Manlift, up to 60' Boom 2330 Day 1,005.25$ Manlift, 61'-100' Boom 2332 Day 1,474.00$ Tanker Rollover Kit 2334 Day 670.00$ Pressure Gauge Kit 2336 Day 335.25$ TEMPORARY STORAGE EQUIPMENT Roll-Off Bin, 10-40 Cubic Yard 2402 Day 33.50$ Storage Tank, 21,000 Gallon 2404 Day 74.00$ Storage Tank Containment 2406 Day 40.00$ Storage Tank, 6500 Gallon Poly 2408 Day 70.00$ Storage Bladder, 126,000 Gallon 2410 Each See Below 9 Storage Bladder, 42,000 Gallon 2412 Each See Below 9 Storage Bladder, 21,000 Gallon 2413 Each See Below 9 Tote Tank, 550 Gallon Stainless Steel 2414 Day 100.75$ Tote Tank, 300 Gallon Plastic 2416 Day 94.00$ Salvage Cylinder/Coffin 2418 Day 3,216.25$ COMMUNICATION EQUIPMENT Aerial Drone Camera 2452 Day 603.00$ Satellite Phone 2454 Day 536.00$ Radio, UHF or VHF 2456 Day 67.00$ Radio, Explosion Proof 2458 Day 100.50$ SAFETY EQUIPMENT Level A Personal Protective Gear 2502 Day 1,876.25$ FRC Chemical/Acid Suit, 1-Piece 2504 Day 201.25$ Fire Turnout Suits w/ Boots 2506 Day 402.00$ Chest/Hip Waders 2508 Day 100.50$ Emergency Egress Bottle/Five Minute Escape Pack 2510 Day 67.25$ Eyewash Station 2512 Day 47.00$ Full Face Respirator 2514 Day 47.00$ Harness/Lanyard 2516 Day 26.75$ Drager Pump 2518 Day 181.00$ July 1, 2025 Page 5 of 9 EQUIPMENT-'25 EQUIPMENT DESCRIPTION ITEM NUMBER UNIT RATE Supplied Air System 2526 Day 469.25$ Mercury Meter - Lumex Meter 2528 Day 1,072.00$ Mercury Meter - Jerome Meter 2530 Day 670.00$ Mercury Vacuum/Hepa Vacuum 2532 Day 871.25$ Chlorine Emergency Kit "A"2534 Day 1,172.75$ Chlorine Emergency Kit "B"2536 Day 1,306.75$ Chlorine Emergency Kit "C"2538 Day 1,574.75$ PID/HNU/OVA Meter 2540 Day 268.00$ Radiological Meter 2542 Day 335.00$ SCBA 2544 Day 241.50$ SCBA, Standby Only 2546 Day 134.00$ Tripod and Winch 2548 Day 301.50$ Traffic Control, Arrow Board 2550 Day 435.50$ Traffic Control, Reflective Signs 2552 Day 67.00$ Traffic Cones/Delineators 2554 Day 6.75$ Notes: 1. Equipment prices do not include fuel, operator, or mobilization to job site. Minimum call out is 4 hours. 2. All charges are portal to portal beginning with equipment mobilization from Patriot Operations Centers and includes all time at the site, whether or not equipment is listed in daily reports or actively utilized. Time charges terminate at the conclusion of the operation, which includes demobilization back to operations centers and completion of any decontamination, re-stocking and or repair. 3. Day rate equipment operated over 12 consecutive hours will be charged 2x the day rate. 4. Projects over 50 miles from Patriot's Office will incur mileage charges of $0.60 per mile per vehicle. 5. Equipment not on price list will be charged per quote. Unless otherwise quoted, equipment not on price list will be charge at cost plus twenty percent (20%). 6. Client agrees to pay Patriot, in accordance with rates contained in this Price List, for any cleaning or repairs necessary to return equipment to the same condition as at the commencement of services. Only Patriot shall perform any cleaning and decontamination operations on all equipment owned, rented or subcontracted by Patriot. 7. All equipment and supplies are subject to a replacement charge at Patriot cost + 20% if damaged, or if decontamination is impossible. 8. Services shall be performed by employees of Patriot, or its subcontractors who will be controlled and under the sole authority of Patriot, and who will be compensated for performance of the services directly by Patriot under the terms and conditions of their agreements with Patriot. Patriot will be responsible for the qualification of any subcontractors used to perform services on behalf of client. Client will be billed for services by Patriot's subcontractors at the greater of the rates listed in the Patriot Fee Schedule of Services or the cost of the subcontractor's services plus an administrative charge of twenty percent (20%) of the cost of these services. Subcontractors' services will be listed on the Patriot Daily Work Report. Client agrees not to contact Patriot's subcontractors, directly or indirectly (including through agents), to attempt to secure the subcontractor's services for work to complete the Services, except through Patriot, or to seek to induce the Subcontractors to violate the terms of their agreements with Patriot. 9. Storage Bladders are designed to provide temporary storage and one time usage. Client will be notified prior to deployment of bladder and informed of replacement value. If deployed, client be billed for replacement at Patriot's cost plus twenty percent (20%) and will be responsible for the transportation & disposal of the existing bladder as required. 10. Surcharge fee of 15% shall be applied to all invoices and subject to both labor and materials less taxes. July 1, 2025 Page 6 of 9 EQUIPMENT-'25 MATERIALS AND SUPPLIES DESCRIPTION ITEM NUMBER UNIT RATE BAGS/SHEETING Plastic Bag, 33" x 50", 250/Box 3001 Box 180.75$ Plastic Bag, 38" x 60", 50/Box 3002 Box 167.50$ 55 Gallon Drum Liner 3003 Each 4.00$ Roll-Off Box Liner 3004 Each 60.25$ Shrink Wrap 3005 Roll 26.75$ Plastic Sheeting, 20' x 100', 10 mil 3006 Roll 234.50$ Plastic Sheeting, 20' x 100', 6 mil 3007 Roll 167.50$ CLEANERS Hand Cleaner 3101 Jar 13.50$ Bleach 3102 Gallon 4.00$ Marine Cleaner 3103 Gallon 33.50$ Simple Green 3104 Gallon 29.50$ Power Cleaner 155 3105 Gallon 26.75$ Neutralizer (Soda Ash, Bicarbonate, Citric Acid)3106 Gallon/Bag 87.25$ Heavy-Duty Decontamination Cleaner, 55 Gallon Drum 3107 Each 4,020.25$ Heavy-Duty Decontamination Cleaner, 1 Gallon Bucket 3108 Each 80.25$ Carbon Cannister 3109 Each 804.00$ DRUMS 5 Gallon Pail 3201 Each 20.00$ 15 Gallon Open Top 3202 Each 33.50$ 20 Gallon Open Top 3214 Each 60.25$ 30 Gallon Open Top 3203 Each 73.50$ 55 Gallon Open Top 3204 Each 100.75$ 55 Gallon Closed Top 3213 Each 100.75$ 55 Gallon Poly 3205 Each 114.00$ 85 Gallon Steel Overpack 3206 Each 284.50$ 95 Gallon Poly Overpack 3207 Each 268.50$ 250 Gallon Poly Tote 3208 Each 737.25$ Triwall Box, Cubic Yard 3209 Each 188.00$ Lighting Bulb/Tube Box 3210 Each 100.75$ SAFETY MATERIALS Chemical/Acid Suit, 1-Piece 3301 Each 167.50$ Steel Toe PVC/Nitrile Boot 3302 Pair 74.00$ Drager Test Tubes 3303 Each 64.50$ Nitrile Inner Gloves 3304 Pair 1.50$ Nitrile Gloves, 14"3305 Pair 15.00$ Heavy Duty Black Rubber Gloves 3306 Pair 20.00$ Leather Gloves 3307 Pair 14.50$ Hard Hat 3308 Each 53.50$ Safety/Traffic Vest w/ Reflective Tape 3309 Each 53.50$ Disposable Overboot 3310 Pair 20.00$ Rain Gear 3311 Set 32.25$ Respirator Cartridges, OV/AG 3312 Each 26.75$ July 1, 2025 Page 7 of 9 MATERIALS AND SUPPLIES-'25 MATERIALS AND SUPPLIES DESCRIPTION ITEM NUMBER UNIT RATE Respirator Cartridges, Chlorine/Mercury 3313 Each 40.25$ HEPA Vacuum Pre-Filter 3314 Each 22.75$ HEPA Vacuum HEPA Filter 3315 Each 295.00$ Mercury Carbon Filter 3316 Each 403.50$ Mercury ULPA Filter 3317 Each 228.00$ Mercury Vacuum Hose, 8 Foot Section 3318 Each 53.50$ Disposable Half-Face Respirator OV/AG 3319 Each 39.00$ Safety Glasses 3320 Each 9.50$ Face shield bracket 3321 Each 20.00$ Face shield 3322 Each 4.00$ Saranex Tyvek Suit 3323 Each 51.00$ Disposable White Tyvek 3324 Each 19.00$ Poly Coated Yellow Tyvek 3325 Each 26.75$ SORBENTS Chemical Stabilizer Absorbent, 35 lb Bag 3401 Bag 194.50$ Sorbent Sweep, 100'/Bale 3402 Bale 213.50$ Vermiculite, 6 cu. ft./Bag 3403 Bag 40.00$ Mercury Amalgum 3404 Lb 180.75$ Mercury Vapor Suppressant 3405 Quart 33.50$ Floor Dry, 25 lb Bag 3406 Bag 26.75$ SaveSorb 3407 Bag 80.25$ SaveSorb, 55cf Compressed Bag 3408 Bag 2,010.25$ Industrial Rug 3409 Roll 268.00$ Oil Snare on Rope, 50ft./Bag 3410 Bag 191.00$ Sorbent Pads, 100/Bale 3411 Bale 134.00$ 8" x 10' Sorbent Boom, 4/Bale 3412 Bale 294.75$ 5" x 10' Sorbent Boom, 4/Bale 3413 Bale 248.00$ MISCELLANEOUS Caution/Danger Tape 3501 Roll 33.50$ Bottled Water 3502 Case 20.00$ Gatorade/Sports Drink 3503 Case 26.75$ Orange Construction Fence, 4' x 100'3504 Roll 60.50$ Cotton Rags, 25 lb 3505 Box 80.25$ Sandbags 3506 Each 5.50$ Plywood, 1/2"3507 Sheet 40.25$ Plywood, 3/4"3508 Sheet 53.50$ Duct Tape 3509 Roll 8.25$ Tygard/Typatch 3510 Per Foot 3.50$ PCB Wipe Sampling Kit 3511 Each 33.50$ HazCat Kit 3512 Day 268.25$ HazCat Kit Test 3513 Per Test 46.75$ Petroflag Soil Test 3514 Per Test 46.75$ Chlor-N-Oil/Chlor-N-Soil Test 3515 Per Test 33.50$ Coliwassa 3516 Each 20.00$ Hand Pump 3517 Each 33.50$ July 1, 2025 Page 8 of 9 MATERIALS AND SUPPLIES-'25 MATERIALS AND SUPPLIES DESCRIPTION ITEM NUMBER UNIT RATE Poly Rope, 3/8" x 600'3518 Spool 120.75$ Hand Held Hudson Sprayer 3519 Day 26.75$ Notes: 1. Materials utilized on project, whether listed in daily work reports or not, are chargeable. All materials not listed on Fee Schedule will be charged at cost plus twenty percent (20%). 2. Disposal quotes for waste must meet approved profiles. Patriot Environmental will assist client with disposal plan and provide quotes, but client must designate disposal facility. Patriot Environmental will not take title to any waste. 3. Additional charges may apply to cover unanticipated cost increases for items resulting from circumstances beyond the control of Patriot Environmental. 4. Services shall be performed by employees of Patriot, or its subcontractors who will be controlled and under the sole authority of Patriot, and who will be compensated for performance of the services directly by Patriot under the terms and conditions of their agreements with Patriot. Patriot will be responsible for the qualification of any subcontractors used to perform services on behalf of client. Client will be billed for services by Patriot's subcontractors at the greater of the rates listed in the Patriot Fee Schedule of Services or the cost of the subcontractor's services plus an administrative charge of twenty percent (20%) of the cost of these services. Subcontractors' services will be listed on the Patriot Daily Work Report. Client agrees not to contact Patriot's subcontractors, directly or indirectly (including through agents), to attempt to secure the subcontractor's services for work to complete the Services, except through Patriot, or to seek to induce the Subcontractors to violate the terms of their agreements with Patriot. 5. In addition to Level 'A' suit charge, Client will be billed for replacement Level 'A' suits at Patriot's cost plus twenty (20%). 6.Plywood is intended for one time usage. Client will be notified prior to deployment of bladder and informed of replacement value. If deployed, client be billed for replacement at Patriot's cost plus twenty percent (20%) and will be responsible for the transportation & disposal of the existing bladder as required. 7. Surcharge fee of 15% shall be applied to all invoices and subject to both labor and materials less taxes. July 1, 2025 Page 9 of 9 MATERIALS AND SUPPLIES-'25 Insurance Requirements for On-Call Public Works Construction Contracts Version: May 2025 1 Contractor shall procure and maintain for the duration of the contract, and for five (5) years following the completion of the Project, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1.Commercial General Liability (“CGL”): Coverage shall be at least as broad as Insurance Services Office (ISO) Form CG 00 01, with limits of at least $2,000,000 per occurrence, $2,000,000 general aggregate, and $2,000,000 products and completed operations. The CGL policy must protect against any and all liability for personal injury, death, property damage or destruction, and personal and advertising injury. The policy shall include a per project or per location general aggregate endorsement as broad as CG 25 03 or CG 24 04. If a per project/location endorsement is not available, the limit of the general aggregate shall be doubled. a.It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b.Additional Insured coverage under Contractor's policy shall allow and be endorsed "primary and non- contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO CG 20 01. c.The limits of insurance required may be satisfied by a combination of primary and umbrella or excess liability insurance, provided each policy follows form of the underlying policy and complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City. The City’s own insurance or self- insurance shall not be called upon. 2.Automobile Liability: Coverage shall be provided using ISO Form CA 00 01 (or equivalent) covering any auto (Code 1), or if Contractor has no owned autos, then hired autos (Code 8) and non-owned autos (Code 9), with limits no less than $1,000,000 each accident for bodily injury and property damage. 3.Workers’ Compensation: As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance of no less than $1,000,000 each accident/disease, or as otherwise required by statute. If Contractor is self- insured, Contractor must provide a Certificate of Permission to Self-Insure, duly authorized by the DIR. Not required. Contractor has provided written verification of no employees 4.Professional Liability with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. Not required. Contract is not design/build. 5.Builder’s Risk/Installation Floater. Course of Construction insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. Not required. Project does not involve construction or improvements/installations to property. 6.Contractors Pollution Liability. with coverage to include asbestos, lead and mold coverage, and including errors and omissions coverage, applicable to the work being performed under this agreement, with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate per policy period of one year. All activities contemplated in this agreement shall be specifically scheduled on the policy as “covered operations.” ON-CALL PUBLIC WORKS CONSTRUCTION CONTRACTS Insurance Requirements: Exhibit C-1 Insurance Requirements for On-Call Public Works Construction Contracts Version: May 2025 2 The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites. The policy shall be endorsed to include the City, its officers, officials, employees, agents, and volunteers as additional insureds. Not required. Project does not involve environmental hazards. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. OTHER INSURANCE PROVISIONS The insurance policies are to contain, or be endorsed to contain, the following provisions: Builder’s Risk/Installation Floater Contractor shall provide Builder’s Risk insurance in the form of Course of Construction coverage, which shall name the City as a loss payee, as its interest may appear. The coverage policy must be issued on an occurrence basis, for all-risk coverage on a 100% completed value basis on the insurable portion of the Project, with no coinsurance penalties, and for the benefit of City. If the Project does not involve new or major reconstruction, City may elect, acting in its sole discretion, to accept an Installation Floater policy instead of Builder’s Risk. For such projects, the Property Installation Floater shall include improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment, and shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site. The Contractor shall be the named insured, and the City and subcontractors of any tier shall be named as insureds. The policy shall allow and be endorsed to include a waiver of subrogation in favor of the City, its officers, officials, employees, agents, and volunteers. Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, and volunteers (“Additional Insureds”) are to be covered as additional insureds with respect to liability arising out of the work or operations performed by or on behalf of Contractor including materials, parts, or equipment furnished in connection with the work or operations. Specifically, the General Liability, Automobile Liability and Contractors Pollution Liability shall provide additional insured status to the City. CGL coverage shall be provided in the form of an endorsement at least as broad as ISO Form CG 20 10 (11 85) or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37, if a later edition is used. Primary and Non-Contributory Coverage Except Workers’ Compensation coverage, Contractor’s insurance coverage shall allow and be endorsed “primary and non-contributory” and at least as broad as the most recent edition of ISO CG 20 01 with respect to City, its City Council, officers, officials, employees and volunteers, and shall not seek contribution from City’s insurance. Any insurance or self-insurance maintained by City and the additional insureds shall be excess of Contractor’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy required shall provide and be endorsed that coverage shall not be canceled or expire, except with written notice to the City that the coverage afforded by the policy is in force and will not be reduced or cancelled without at least thirty (30) days advance written notice to City, unless due to non-payment of premiums, in which case ten (10) days advance written notice must be provided to City. Such notice must be sent to City via certified mail and addressed to the attention of the City Manager. If a carrier will not provide the required notice of cancellation or policy modification, the Contractor shall provide written notice to the City of a cancellation or policy modification no later than 30 days in advance or 10 days in advance if due to non-payment of premiums. Insurance Requirements for On-Call Public Works Construction Contracts Version: May 2025 3 Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City (Insert on the Certificate of Insurance, if zero, insert “$0”). At City’s option, either: the insurer must reduce or eliminate the deductible or self- insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Waiver of Subrogation Contractor waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the General Liability, Automobile Liability, Workers’ Compensation, Contractor’s Pollution Liability, and Builders Risk/Installation Floater policies shall allow and be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents and volunteers. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Acceptability of Insurers Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A- VII or higher. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance policy language effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences however, City’s failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. Surety Bonds As required by the Contract and described in the Contract Documents. The Payment and Performance Bonds shall be in a sum equal to the applicable Service Order Price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the Contract is for longer than one year a Maintenance Bond equal to 10% of the Contract Price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. Special Risks or Circumstances City reserves the right to modify these requirements, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 06/01/2025 06/01/2026 X MCS 90 C 5,000,000 14570351 (WI) Y 25445 X IEPUW0030496101 5,000,000 A Y A 5,000,000 06/01/2026 X AIU Insurance Company Contractors Pollution & 06/01/2025 CN103174334-Patr-GAWXE-25-26 Y 1,000,000 19445 Marsh | U.S. Operations 06/01/2026 CHI-010894019-10 06/01/2025 X 5,000,000 06/23/2025 X X 9 Y 100,000 212-948-0770 06/01/2026 Professional Liability 5,000,000 X Deductible 1,000,000 1,000,000 B Chicago.CertRequest@marsh.com 06/01/2026 06/01/2025 06/01/2025 19399 14570352 Per Occurrence Limit 25,000 14570350 (AOS) XSCUW0030496201 1,000,000 primary and non-contributory over any existing insurance and is limited to liability arising from the operations of the named insured, as required by written contract and subject to the policy's terms and conditions. A waiver of subrogation is applicable where required by written contract and subject to the policy's terms and conditions. The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers is/are named as additional insureds (except for workers' compensation) concerning General Liability, Contractor's Pollution & Professional Liability, Automobile Liability, and Employer's Liability coverage, only as required by written contract and subject to the terms and conditions of the policy. The insurance is PO Box 1091 Patriot Environmental Services, Inc. Long Beach, CA 90801 5,000,000 Ironshore Specialty Insurance Company X 155 N. Wacker, Suite 1200 Marsh USA LLC Chicago, IL 60606 IEPUW0030496101 National Union Fire Ins Co Pittsburgh PA N 10300 Torre Ave. Cupertino, CA 95014 City of Cupertino Office of the City Manager 06/01/2025 C 5,000,000 866-966-4664 Contractual Liability X A 5,000,000 06/01/2026 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: Marsh USA LLC Liability Policies, subject to the terms and conditions of the excess policy. Policy Number: MKLV3ENV105283 Site Pollution Liability: Aggregate: $5,000,000 Policy Effective/Expiration Dates: 06/01/2025 - 06/01/2026 Each Occurrence: $5,000,000 Excess Layer Liability: Policy Number: FFX2034932-14 Contractors Pollution & Professional Liability: $100,000 Deductible The Certificate Holder is an additional insured (except for workers' compensation) concerning General Liability, Contractor's Pollution & Professional Liability, Automobile Liability, Automobile Liability: $3M Retention SIR: $500,000 The insurance is primary and non-contributory over any existing insurance and is limited to liability arising from the operations of the named insured, as required by written contract Carrier: Markel The Excess Liability policy (Lloyd’s Syndicate HIS33 NAIC# AA-1126033) provide additional limits over the Auto Liability policy subject to the terms and conditions of the excess Additional Named Insured and a Crystal Clean, LLC subsidiary: The Excess Liability policy (Ironshore #XSCUW0030496201) provide additional limits over the General Liability, Contractors' Pollution & Professional Liability, and Employer's 2 Chicago Certificate of Liability Insurance Premium Environmental Services, Inc. and Employer's Liability coverage, only as required by written contract and subject to the terms and conditions of the policy. The General Liability includes contractual liability and Umbrella Liability: $0 and subject to the policy's terms and conditions. The Certificate Holder is a loss payee, as required by written contract concerning auto liability. A waiver of subrogation is applicable Envirosafe Services of Ohio, Inc. policy. Patriot Environmental Services, Inc. Policy Effective/Expiration Dates: 06/01/2025 - 06/01/2026 applies to work done near the railroad, per the policy's terms and conditions. where required by written contract and subject to the policy's terms and conditions. Excess Layer Liability: $0 25 Worldwide Recovery Systems, Inc. Carrier: Nautilus Insurance Company Site Pollution Liability: $25,000 SIR Workers' Compensation: $500,000 Retention Limit: $10,000,000 PO Box 1091 Patriot Environmental Services, Inc. Long Beach, CA 90801 Commercial General Liability: $100,000 Deductible 2 CN103174334 YES Management, Inc. Amendment 1 to Patriot Environmental Services for Emergency Response Environmental Clean- up Services Final Audit Report 2025-06-26 Created:2025-06-24 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAoKE_azhMZRMHyUjoMWZ0ocec_Fj-b2fF "Amendment 1 to Patriot Environmental Services for Emergency Response Environmental Clean-up Services" History Document created by Webmaster Admin (webmaster@cupertino.org) 2025-06-24 - 5:39:24 PM GMT- IP address: 35.229.54.2 Document emailed to Jindy Gonzalez (jindyg@cupertino.org) for approval 2025-06-24 - 5:41:31 PM GMT Email viewed by Jindy Gonzalez (jindyg@cupertino.org) 2025-06-24 - 5:41:41 PM GMT- IP address: 54.90.40.71 Document approved by Jindy Gonzalez (jindyg@cupertino.org) Approval Date: 2025-06-24 - 7:01:55 PM GMT - Time Source: server- IP address: 73.241.25.149 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2025-06-24 - 7:01:58 PM GMT Email viewed by Araceli Alejandre (aracelia@cupertino.org) 2025-06-24 - 7:02:06 PM GMT- IP address: 52.73.0.198 Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2025-06-24 - 9:35:57 PM GMT - Time Source: server- IP address: 71.202.76.156 Document emailed to shawn.ball@crystal-clean.com for signature 2025-06-24 - 9:36:00 PM GMT Email viewed by shawn.ball@crystal-clean.com 2025-06-24 - 9:47:27 PM GMT- IP address: 104.47.74.126 Signer shawn.ball@crystal-clean.com entered name at signing as Shawn S. Ball 2025-06-24 - 9:48:04 PM GMT- IP address: 136.226.66.164 Document e-signed by Shawn S. Ball (shawn.ball@crystal-clean.com) Signature Date: 2025-06-24 - 9:48:06 PM GMT - Time Source: server- IP address: 136.226.66.164 Document emailed to Michael Woo (michaelw@cupertino.org) for signature 2025-06-24 - 9:48:09 PM GMT Email viewed by Michael Woo (michaelw@cupertino.org) 2025-06-24 - 9:48:14 PM GMT- IP address: 3.232.55.231 Document e-signed by Michael Woo (michaelw@cupertino.org) Signature Date: 2025-06-24 - 11:54:12 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Chad Mosley (chadm@cupertino.org) for signature 2025-06-24 - 11:54:15 PM GMT Email viewed by Chad Mosley (chadm@cupertino.org) 2025-06-24 - 11:54:25 PM GMT- IP address: 3.232.55.231 Email viewed by Chad Mosley (chadm@cupertino.org) 2025-06-25 - 10:01:51 PM GMT- IP address: 34.200.251.116 Document e-signed by Chad Mosley (chadm@cupertino.org) Signature Date: 2025-06-25 - 11:37:25 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2025-06-25 - 11:37:27 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2025-06-25 - 11:37:35 PM GMT- IP address: 34.200.251.116 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2025-06-26 - 1:37:07 AM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2025-06-26 - 1:37:07 AM GMT