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22-067 On-Call PW MA Services Contract, Patriot Environmental
Emergency Response Environmental Clean-up Services On-Call Public Works Contract/ August 2021 Page 1 of 12 ON-CALL PUBLIC WORKS CONTRACT WITH PATRIOT ENVIRONMENTAL SERVICES, INC. 1. PARTIES This On-Call Public Works Contract (“Contract”) is made by and between the City of Cupertino, a municipal corporation (“City”), and Patriot Environmental Services, Inc. (“Contractor”) a Corporation for Emergency Response Environmental Clean-up Services, and is effective on the last date signed below (“Effective Date”). 2. SCOPE OF WORK 2.1 Scope of Work. Contractor will perform and provide all labor, materials, equipment, supplies, transportation and any other items or work necessary to perform and complete the work described in the Scope of Work (“Work”), attached and incorporated here as Exhibit A, on an as- needed basis. The Work must comply with this Contract and with each Service Order issued by the City’s Project Manager or his/her designee, in accordance with the following procedures, unless otherwise specified in Exhibit A. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. 2.2 Service Orders. Before issuing a Service Order, the City Project Manager will request that Work be done in writing and hold a meeting with Contractor to discuss the Service Order. Contractor will submit a written proposal that includes a specific Scope of Work, Schedule of Performance, and Compensation, which the Parties will discuss. Thereafter, City will execute a Service Order Form for the Work, attached and incorporated here as Exhibit B. The Service Order will specify the Scope of Work, Schedule of Performance, Compensation, and any other conditions applicable to the Service Order. Issuance of a Purchase Order is discretionary. The City Project Manager is authorized to streamline these procedures based on the City’s best interests. In particular, in emergency situations, the City Project Manager may execute a Service Order for emergency work based on oral conversations with the Contractor, without adhering to the full process outlined in this section. Contractor will not be compensated for Work performed without a duly authorized and executed Service Order. 3. TIME OF PERFORMANCE 3.1 Term. This Contract begins on the Effective Date and ends on June 30, 2025 (“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. 3.2 Schedule of Performance. Contractor must complete the Work within the time specified in each Service Order, and under no circumstances should the Work go beyond the Contract Time. Emergency Response Environmental Clean-up Services On-Call Public Works Contract/ August 2021 Page 2 of 12 3.3 Time is of the essence for the performance of all the Work required in this Contract and in each Service Order. Contractor must have sufficient time, resources, and qualified staff to deliver the Work on time. Contractor must respond promptly to each Service Order request. 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Work a total amount that will based upon actual costs but that will be capped so as not to exceed $60,000.00 (“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. 4.2 Per Service Order. Compensation for Work provided under a Service Order will be based on the rates set forth in the Service Order, which shall not exceed the capped amount specified in the Service Order. 4.3 Invoices and Payments. Contractor must submit an invoice on the first day of each month, describing the Work performed during the preceding month, itemizing labor, materials, equipment, and any incidental costs incurred. Contractor will be paid ninety-five percent (95%) of the undisputed amounts billed within thirty (30) days after City receives a properly submitted invoice. Any retained amounts will be included with Contractor’s final payment within sixty (60) days of City’s acceptance of the Work pursuant to a specific Service Order as complete. 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Work and for the persons hired to work under this Contract. Contractor is not entitled to health benefits, worker’s compensation, or other benefits from the City. 5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Work in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Work as required by law and have procured a City Business License, if required by the Cupertino Municipal Code. Contractor shall possess a California Contractor’s License in good standing for the following classification(s): A - General Engineering Contractor, which must remain valid for the entire Contract Time. 5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Contract. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Contract will apply to any approved subcontractor. 5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials, and equipment required to perform the Work under this Contract. 5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Contract and any similar federal or state taxes. Contractor Emergency Response Environmental Clean-up Services On-Call Public Works Contract/ August 2021 Page 3 of 12 and any of its employees, agents, and subcontractors shall not have any claim under this Contract or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Contractor, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts payable under this Contract, or to promptly remint to City any payments due by the City as a result of such determination, so that the City’s total expenses under this Contract are not greater than they would have been had the determination not been made. 6. CHANGE ORDERS Amendments and change orders must be in writing and signed by City and Contractor. Contractor’s request for a change order must specify the proposed changes in the Work, Contract Price, and Contract Time. Each request must include all the supporting documentation, including but not limited to plans/drawings, detailed cost estimates, and impacts on schedule and completion date. 7. ASSIGNMENTS; SUCCESSORS Contractor shall not assign, hypothecate, or transfer this Contract or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Contract and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. This Contract is binding on Contractor, its heirs, successors, and permitted assigns. 8. PUBLICITY / SIGNS Any publicity generated by Contractor for the Project during the Contract Time, and for one (1) year thereafter must credit City contributions to the Project. The words “City of Cupertino” must be displayed in all pieces of publicity, flyers, press releases, posters, brochures, interviews, public service announcements, and newspaper articles. No signs may be posted or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 9. SUBCONTRACTORS 9.1 Contractor must perform all the Work with its own forces, except that Contractor may hire qualified subcontractors to perform up to 0% of the Work under any give Service Order, provided that each subcontractor is required by contract to be bound by the provisions of this Contract and any applicable Service Order. Contractor must provide City with written proof of compliance with this provision upon request. Emergency Response Environmental Clean-up Services On-Call Public Works Contract/ August 2021 Page 4 of 12 9.2 City may reject any subcontractor of any tier and bar a subcontractor from performing Work on the Project, if City in its sole discretion determines that subcontractor’s Work falls short of the requirements of this Contract or constitutes grounds for rejection under the Public Contract Code. If City rejects a subcontractor, Contractor at its own expense must perform the subcontractor’s Work or hire a new subcontractor that is acceptable to City. A Notice of Completion must be recorded within fifteen (15) days after City accepts the Work under a particular Service Order if the Work involves work by subcontractors. 10. RECORDS AND DAILY REPORTS 10.1 Contractor must maintain daily reports of the Work and submit them to City upon request and at completion of Work pursuant to a Service Order. The reports must describe the Work and specific tasks performed, the number of workers, the hours, the equipment, the weather conditions, and any circumstances affecting performance. City will have ownership of the reports, but Contractor will be permitted to retain copies. 10.2 If applicable, Contractor must keep a separate set of as-built drawings showing changes and updates to the Scope of Work or the original drawings as changes occur. Actual locations to scale must be identified for all major components of the Work, including mechanical, electrical and plumbing work; HVAC systems; utilities and utility connections; and any other components City determines should be included in the final drawings of the Project. Deviations from the original drawings must be shown in detail, and the location of all main runs, piping, conduit, ductwork, and drain lines must be shown by dimension and elevation. 10.3 Contractor must maintain complete and accurate accounting records of its Work, in accordance with generally accepted accounting principles, which must be available for City review and audit, kept separate from other records, and maintained for four (4) years from the date of City’s final payment. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and Contractors (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings), of every nature, arising directly or indirectly from this Contract or in any manner relating to any of the following: (a) Breach of contract, obligations, representations or warranties; (b) Performance or nonperformance of the Work or of any obligations under the Contract by Contractor, its employees, agents, servants, or subcontractors; (c) Payment or nonpayment by Contractor or its subcontractors or sub-subcontractors for Work performed on or off the Project Site; and (d) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors. Emergency Response Environmental Clean-up Services On-Call Public Works Contract/ August 2021 Page 5 of 12 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim, in accordance with California Public Contract Code Section 9201. At City’s request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Contract. 11.3 Contractor’s duties under this entire Section 11 are not limited to Contract Price, Workers’ Compensation, or other employee benefits, or the insurance and bond coverage required in this Contract. Nothing in the Contract shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee. 11.4 Contractor’s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Contract, a purchase order or other transaction. 11.5 Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Contract. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 11.6 This Section 11 shall survive termination of the Contract. 12. INSURANCE 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. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Contract. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Work, as required by the Immigration Reform and Control Act. 13.2 Labor Laws. a. The following provisions apply to any Service Order of $1,000 or more: i.In General. For purposes of California labor law, this is a public works contract subject to the provisions of Part 7 of Division 2 of the California Labor Code (Sections 1720 et seq.). In accordance with Labor Code Section 1771, Contractor and all subcontractors shall pay not less than current prevailing wage rates as determined by the California Emergency Response Environmental Clean-up Services On-Call Public Works Contract/ August 2021 Page 6 of 12 Department of Industrial Relations (“DIR”) to all workers employed on this project. In accordance with Labor Code Section 1815, Contractor and all subcontractors shall pay all workers employed on this project 1 ½ the basic rate of pay for work performed in excess specified hour limitations. The work performed pursuant to this Contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations. ii.Registration. Contractor and all subcontractors shall not engage in the performance of any work under this Contract unless currently registered and qualified to perform public work pursuant to section 1725.5 of the California Labor Code. Contractor represents and warrants that it is registered and qualified to perform public work pursuant to section 1725.5 of the Labor Code and will provide its DIR registration number, along with the registration numbers of any subcontractors as required, to the City. iii.Posting. Contractor shall post at the job site the determination of the DIR director of the prevailing rate of per diem wages together with all job notices that are required by regulations of the DIR. iv.Reporting. Contractor and any subcontractors shall keep accurate payroll records in accordance with Section 1776 of the Labor Code and shall furnish the payroll records directly to the Labor Commissioner in accordance with the law. v.Report on Prevailing Rate of Wages. The City has obtained the general prevailing rate of per diem wages in the vicinity of the project for each type of worker needed, a copy of which is on file at the City of Cupertino City Hall, and shall be made available to any interested party upon request. vi.Employment of Apprentices. Contractor’s attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor. It shall be the responsibility of the Contractor to effectuate compliance on the part of itself and any subcontractors with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. vii.Penalties. Contractor’s attention is directed to provisions in Labor Code Sections 1775 and 1813. In accordance with Labor Code Section 1775, Contractor and subcontractors may be subject to penalties for Contractor’s and subcontractors’ failure to pay prevailing wage rates. In accordance with Labor Code Section 1813, Contractor or subcontractors may be subject to penalties for Contractor’s or subcontractors’ failure to pay overtime pay rates for hours worked by workers employed on this project in excess specified hour limitations. b. Contractor must compensate workers who are paid less than prevailing wages or required to work more than a legal day’s work. Contractor will also be required to pay City a penalty of $200.00 per worker for each day of violation. c. As required by Labor Code Section 1861, by signing this Contract Contractor certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the work of this contract.” Emergency Response Environmental Clean-up Services On-Call Public Works Contract/ August 2021 Page 7 of 12 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or Contractor’s employees or subcontractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision. 13.4 Conflicts of Interest. Contractor, its employees, subcontractors, servants, and agents, may not have, maintain, or acquire a conflict of interest in relation to this Contract in violation of law, including Government Code section 1090 and Government Code section 81000 and their accompanying regulations. No officer, official, employee, consultant, or other agent of the City (“City Representative”) may have, maintain, or acquire a “financial interest” in the Contract, as that term is defined by state law, or in violation of a City ordinance or policy while serving as a City Representative or for one year thereafter. Contractor, its employees, subcontractors, servants, and agents warrant they are not employees of City nor do they have any relationship with City officials, officers, or employees that creates a conflict of interest. Contractor may be required to file a conflict of interest form if it makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by City rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of this Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements, or terminating this Contract. City reserves all other rights and remedies available under the law and this Contract, including the right to seek indemnification under Section 11 of this Contract. 14. BONDS For any Service Order of $25,000 or more, Contractor must obtain a payment bond and a performance bond, each in the penal sum of 100% of the compensation pursuant to the Service Order, using the Bond Forms attached and incorporated here as Exhibit D. Each bond must be issued by a surety admitted in California, with a financial rating from A.M. Best Company of Class A- or higher, or as otherwise acceptable to City. If an issuing surety cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety acceptable to City within seven (7) calendar days after written notice from City. If Contractor fails to do so, City may in its sole discretion and without prior notice, purchase bonds at Contractor’s expense, deduct the cost from payments due Contractor, or terminate the Service Order or Contract. City will not authorize work under a Service Order until the required bonds are submitted. 15. UTILITIES, TRENCHING, AND EXCAVATION 15.1 Contractor must call the Underground Service Alert (“USA”) 811 hotline and request marking of utility locations before digging or commencing Work. For underground service alerts Emergency Response Environmental Clean-up Services On-Call Public Works Contract/ August 2021 Page 8 of 12 for street lighting and traffic signal conduits, City’s Service Center must be called at (408) 777- 3269. Government Code Section 4215 requires Contractor to notify City and Utility in writing if it discovers utilities or utility facilities not identified in the Contract. 15.2 Pursuant to Government Code Section 7104, Contractor must stop work, notify City in writing, and wait for instructions if one of the conditions below is found at the worksite. City will work with Contractor to amend the Contract or issue a change order if the discovered conditions materially change the Work/Performance, Contract Time or Contract Price. (a) Material believed to be hazardous waste under Health and Safety Code Section 25117, and which requires removal to a Class I, Class II, or Class III disposal site pursuant to law; (b) Subsurface or latent physical conditions at the Project worksite differing from those indicated by information about the worksite made available to Contractor; and (c) Unknown physical conditions at the Project worksite of any unusual nature, materially different from those ordinarily encountered and from those generally recognized as inherent in the character of the Work. 15.3 For Service Orders where compensation is $25,000 or higher that require excavation or involve trenches five feet or more in depth, Contractor must submit a detailed plan for City approval, per Labor Code Section 6705, prior to commencing work. The plan must show the design of shoring, bracing, sloping, and other provisions for worker protection from caving ground and other hazards. The protective system must comply with all Construction Safety Orders. If the plan varies from shoring system standards, it must be prepared by a registered civil or structural engineer. 16. URBAN RUNOFF MANAGEMENT 16.1 All Work must fully comply with federal, state, and local laws and regulations concerning storm water management. Contractor must avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control, Contractor will use only the amount of water necessary to dampen the dust. Contractor will take all steps necessary to keep wash water out of the streets, gutters, and storm drains. Prior to the start of the Work, Contractor will implement erosion and sediment controls to prevent pollution of storm drains, and must upgrade and maintain these controls based on weather conditions or as otherwise required by City. These controls must be in place during the entire Contract Time and must be removed at the end of construction and completion of the Work. Such controls must include, but will not be limited to, the following requirements: (a) Install storm drain inlet protection devices such as sand bag barriers, filter fabric fences, and block and gravel filters at all drain inlets impacted by construction. During the annual rainy season, October 15 through June 15, storm drain inlets impacted by construction work must be filter-protected from onsite de-watering activities and saw-cutting activities. Shovel or vacuum saw-cut slurry and remove from the Work site; (b) Cover exposed piles of soil or construction material with plastic sheeting. Store all construction materials in containers; (c) Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain and at the end of each work day. When the Work is completed, wash the streets, collect and dispose of the wash water offsite in lawful manner; Emergency Response Environmental Clean-up Services On-Call Public Works Contract/ August 2021 Page 9 of 12 (d) After breaking old pavement, remove debris to avoid contact with rainfall/runoff; (e) Maintain a clean work area by removing trash, litter, and debris at the end of each work day and when Work is completed. Clean up any leaks, drips, and other spills as they occur. These requirements must be used in conjunction with the California Stormwater Quality Association and California Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, and any other applicable documents on stormwater quality controls for construction. Contractor’s failure to comply with this Section will result in the issuance of noncompliance notices, citations, Work stop orders and regulatory fines. 17. PROJECT COORDINATION City Project Manager. The City assigns Alex Wykoff as the City’s representative for all purposes under this Contract, with authority to oversee the progress and performance of the Scope of Work. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns Ashkan Moghaddam as its single Representative for all purposes under this Contract, with authority to oversee the progress and performance of the Work. Contractor’s Project manager is responsible for coordinating and scheduling the Work in accordance with City instructions, service orders, and the Schedule of Performance. Contractor must regularly update the City’s project manager about the status, progress and any delays with the work. City’s written approval is required prior to Contractor substituting a new Representative which shall result in no additional costs to City. 18. ABANDONMENT AND TERMINATION 18.1 City may abandon or postpone the Work or parts thereof at any time. Contractor will be compensated for satisfactory Work performed through the date of abandonment and will be given reasonable time to close out Work under a Service Order. With City’s pre-approval in writing, the time spent in closing out Work under a Service Order will be compensated up to ten percent (10%) of the total time expended in performing the Work. 18.2 City may terminate the Contract for cause or without cause at any time. Contractor will be paid for satisfactory Work rendered through the termination date and will be given reasonable time to close out the Work. 18.3 Final payment will not be made until Contractor delivers the Work and provides records documenting the Work, products, and deliverables completed. 19. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION This Contract is governed by the laws of State of California. Venue for any legal action shall be the Superior Court of the County of Santa Clara, California. The dispute resolution procedures of Public Contract Code Section 20104, et seq., incorporated here by reference, apply to this Contract and Contractor is required to continue the Work pending resolution of any dispute. Prior to filing a lawsuit, Contractor must comply with the claim filing requirements of the California Government Code. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial Emergency Response Environmental Clean-up Services On-Call Public Works Contract/ August 2021 Page 10 of 12 evidence and include detailed written findings of law and fact. 20. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Contract, the prevailing party will be entitled to reasonable attorney fees and costs. 21. SIGNS/ADVERTISEMENTS No signs may be displayed on or about City’s property, except signage which is required by law or by the Contract, without City’s prior written approval as to size, design and location. 22. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Contract. 23. WAIVER Neither acceptance of the Work nor payment thereof shall constitute a waiver of any contract provision. City’s waiver of a breach shall not constitute waiver of another provision or breach. 24. WARRANTY Contractor warrants that materials and equipment used will be new, of good quality, and free from defective workmanship and materials, and that the Work will be free from material defects not intrinsic in the design or materials. All Work, materials, and equipment should pass to City free of claims, liens, or encumbrances. Contractor warrants the Work and materials for one year from the date of City’s acceptance of the Work as complete (“Warranty Period”), except when a longer guarantee is provided by a supplier, manufacturer or is required by this Contract. During the Warranty Period, Contractor will repair or replace any Work defects or materials, including damage that arises from Contractor’s Warranty Work, except any wear and tear or damage resulting from improper use or maintenance. 25. ENTIRE AGREEMENT This Contract and the attachments, documents, and statutes attached, referenced, or expressly incorporated herein, including authorized amendments or change orders constitute the final and complete contract between City and Contractor with respect to the Work and the Project. No oral contract or implied covenant will be enforceable against City. If there is any inconsistency between any term, clause, or provision of the main Contract and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Contract shall prevail and be controlling. 26. SEVERABILITY/PARTIAL INVALIDITY If a court finds any term or provision of this Contract to be illegal, invalid, or unenforceable, the legal portion of said provision and all other contract provisions will remain in full force and effect. Emergency Response Environmental Clean-up Services On-Call Public Works Contract/ August 2021 Page 11 of 12 27. SURVIVAL The contract provisions which by their nature should survive the Contract or Completion of Project, including without limitation all provisions regarding warranties, indemnities, payment obligations, insurance, and bonds, shall remain in full force and effect after the Work is completed or Contract ends. 28. INSERTED PROVISIONS Each provision and clause required by law for this Contract is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate. 29. HEADINGS The headings in this Contract are for convenience only, are not a part of the Contract and in no way affect, limit, or amplify the terms or provisions of this Contract. 30. COUNTERPARTS This Contract may be executed in counterparts, each of which is an original and all of which taken together shall form one single document. 31. NOTICES All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth (5th) calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino Office of the City Manager 10300 Torre Ave. Cupertino, CA 95014 Attention: Alex Wykoff Email: alexw@cupertino.org To Contractor: Patriot Environmental Services, Inc. 508 East E Street, Unit A Wilmington, CA 90744 Attention: Ashkan Moghaddam Email: ash.moghaddam@patriotenvironmental.com 32. EXECUTION The persons signing below warrant they have the authority to enter into this Contract and to legally bind their respective Parties. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code Section 313. This Contract may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. SIGNATURES CONTINUE ON THE FOLLOWING PAGE Emergency Response Environmental Clean-up Services On-Call Public Works Contract/ August 2021 Page 12 of 12 IN WITNESS WHEREOF, the parties have caused the Contract to be executed. CITY OF CUPERTINO A Municipal Corporation By Name Title Date PATRIOT ENVIRONMENTAL SERVICES, INC. By Name Title Date APPROVED AS TO FORM: CHRISTOPHER D. JENSEN Cupertino City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk Date Vanessa Benitez Contract Manager May 18, 2022 Christopher D. Jensen Matt Morley Director of Public Works May 18, 2022 May 18, 2022 Exhibit A- Scope of Work-Patriot Environmental The Services contemplated in connection with the response to discharges or the potential discharges of hazardous and/or non-hazardous substances within or on the public right-of-way or other City owned property may include, but not be limited to, the following: • Coordination with City staff of all aspects of the project including scheduling, performance of site work, and follow up; • Assessment and identification of unknown discharged solid and liquid materials as needed; • Containment, recovery, repackaging and removal of discharged or potentially discharged materials; • Site evaluation, decontamination and restoration; • Transportation, storage, treatment, and disposal of all wastes and associated contaminated materials including containers and equipment used in the decontamination and restoration; • Coordination and implementation of appropriate and effective traffic control; • Coordination of all federal, state, and local hazardous and non-hazardous required administrative document submittals and reports; • Technical services including sampling, laboratory analysis, and other related services; • Standby and availability of personnel and equipment in anticipation of imminent activation twenty-four hours per day, seven days per week including holidays; • Contractor to conduct training and provide evidence at the City’s request that all response and remediation personnel have all required licenses and certification to handle, remediate, transport, and dispose of all material collected; • Obtain all permits required to perform the necessary work. Patriot Environmental Services www.patriotenvironmental.com 24 Hour Emergency Response Line (800) 624-9136 CORPORATE HEADQUARTERS 508 East E Street, Suite A Wilmington, CA 90744 (562) 436-2614 CA REGIONAL LOCATIONS Bakersfield Long Beach/Los Angeles Mira Loma / Ontario Richmond Sacramento San Bernadino San Diego Santa Clarita Ventura/Santa Paula NV REGIONAL LOCATIONS Las Vegas Reno OREGON REGIONAL LOCATION Portland WASHINGTON REGIONAL LOCATION Richland “Prepared and Professional” 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. Energy, Environmental and Insurance surcharge fee of 15% shall be applied to all invoices and subject to both labor and materials less taxes. MAY 1, 2022 CITY OF CUPERTINO FEE SCHEDULE Customer Class Code: 00.0122.01 PERSONNEL LABOR STRAIGHT TIME OVERTIME PREMIUM TIME CODE DESCRIPTION PER HOUR PER HOUR PER HOUR SP Senior Project Manager 201.50 234.75 268.00 PM Project Manager 167.50 201.25 234.75 CH Chemist / Industrial Hygenist 167.50 201.25 234.75 HS Health & Safety Manager 134.00 167.50 201.25 AM Assistant Project Manager 134.00 167.50 201.25 HM Hazardous Material Specialist 100.75 150.75 195.75 FS Field Supervisor 100.75 150.75 195.75 HT Hazardous Material Technician 87.00 131.00 174.25 SF Site Foreman 80.25 120.75 161.00 CR Confined Space Rescue Technician 80.25 120.75 161.00 VO Vessel Operator 73.75 110.50 147.75 G-5 Operating Engineer 115.35 173.00 231.00 G-4/6/8 Teamster 99.25 135.50 179.25 G-3 Laborer 96.75 146.00 192.25 Notes: 7. Energy, Environmental and Insurance surcharge fee of 15% shall be applied to all invoices and subject to both labor and materials less taxes. Prevailing Wage Rates Subject to Annual Increase per DIR Determination/Increases 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 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 $160.00 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. Rate categories apply to personnel working during specified time of day regardless of the number of hours worked for the Client on that January 1, 2022 Page 2 of 9 PERSONNEL EQUIPMENT DESCRIPTION ITEM NUMBER UNIT RATE MARINE RESPONSE EQUIPMENT Contractor Boom, up to 8" x 12"2002 Per Foot/ By Day 4.00 Boom Anchor Set 2004 Day 63.75 Hull Magnets 2006 Day 63.75 Disc Skimmer w/Power Pack 2010 Hour 318.25 Elastec Magnum 4-Drum Skimmer w/Power Pack 2012 Hour 434.00 Skimpak 2014 Hour 75.25 Response Vessel, 30 - 34'2016 Hour 272.00 Response Vessel, 25' - 29'2018 Hour 214.00 Response Vessel, 15' - 24'2020 Hour 174.25 Skiffs w/Outboard, 14' or less 2022 Hour 75.25 Skiffs w/o Outboard, 14' or less 2024 Hour 40.50 **The above items are subject to a "stand by rate" equal to 1/2 the operating rate EXCAVATION EQUIPMENT Backhoe 2052 Hour 127.50 Backhoe Attachment 2054 Day 295.00 Skidsteer Loader / Bobcat 2056 Hour 107.50 Skidsteer Loader Attachment 2058 Day 201.00 Excavator, Mini 2060 Hour 107.50 Excavator, up to 45,000 lb 2062 Hour 234.75 Excavator, 45,000 lb and up 2064 Hour 281.50 Excavator Attachment 2066 Day 871.00 Loader, 3 Yard Bucket 2068 Hour 201.25 Loader, 5 Yard Bucket 2070 Hour 234.75 Heavy Equipment Delivery/Pickup 2072 Hour 201.25 RESPONSE AND SUPPORT TRAILERS 30' Command Center 2102 Day 670.25 Mobile Incident Command Center 2104 Day 1340.25 Confined Space Rescue Equipment Box 2106 Day 435.50 Emergency Response Logistics Trailer, 48'-53' 2108 Day 603.00 Emergency Response Trailer, 24' or less 2110 Day 435.50 Flatbed Trailer, up to 48'2112 Day 335.00 ATV Trailer 2114 Day 167.50 Boom & Skiff Trailer 2116 Day 134.00 Spray Trailer w/ 200 Gallon Tank 2118 Day 134.00 HEAVY DUTY SUPPORT UNITS 120 Barrel Black Iron Vacuum Tanker 2152 Hour 47.00 120 Barrel Stainless Steel Vacuum Tanker 2154 Hour 53.50 35 - 70 Barrel Black Iron Vacuum Truck 2156 Hour 47.00 35 - 70 Barrel Stainless Steel Vacuum 2158 Hour 53.50 Roll-Off Truck, Single Bin 2160 Hour 47.00 Roll-Off Truck, Double Bin 2162 Hour 53.50 Rocket Launcher 2164 Hour 53.50 Heavy Duty Tractor 2166 Hour 53.50 January 1, 2022 Page 3 of 9 EQUIPMENT EQUIPMENT DESCRIPTION ITEM NUMBER UNIT RATE End Dump 2168 Hour 74.00 Hydro Excavation Unit 2170 Hour 248.00 Vactor/Jetter Combo Unit 2172 Hour 248.00 Guzzler/Air Mover Unit 2174 Hour 201.00 Crane Truck, 10 - 18 Ton 2176 Hour 167.50 Dump Truck, up to 10 yard 2178 Hour 134.00 Water Truck, up to 3,000 gallons 2180 Hour 147.50 TRUCKS/VEHICLES Gear Truck, Less Than 1 ton 2202 Hour 26.75 Gear Truck, 1 Ton - 3 Ton 2204 Hour 33.50 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 1407.25 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 101.00 Mini Jetter, Trailer Mounted 2274 Hour 101.00 Mini Roll Off Trailer, Trailer Mounted 2276 Hour 40.00 2" Pump, Petroleum and Chemical 2278 Day 295.00 3" Pump, Petroleum and Chemical 2280 Day 335.25 4" Pump, Petroleum and Chemical 2282 Day 435.50 6" Pump, Petroleum and Chemical 2284 Day 670.00 2"-4" Pump Hose 2286 Foot 2.15 Vactor Flex Hose, 6"2288 Foot 4.00 Drum-Mount Vacuum 2290 Day 167.50 Truck Ramp / Deck Plate 2292 Day 268.00 Drum Dolly 2294 Day 47.00 Chain Saw 2296 Day 74.00 Sawzall 2298 Day 100.50 Weed Wacker 2300 Day 87.50 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 Chipping Gun, Pneumatic 2308 Day 56.50 Light Tower 2310 Day 382.00 January 1, 2022 Page 4 of 9 EQUIPMENT EQUIPMENT DESCRIPTION ITEM NUMBER UNIT RATE Demolition Torch 2312 Day 435.50 Cut-Off Saw 2314 Day 167.50 Personnel Decon Station 2316 Day 335.25 Decontamination Pool, 10' x 15'2318 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 1005.25 Manlift, 61'-100' Boom 2332 Day 1474.00 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 3216.25 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 1876.25 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 LEL/O2/H2S/CO Meter 2520 Day 301.50 LEL/O2/H2S/CO/PID Meter 2522 Day 335.25 H2S Clip 2524 Day 26.75 Supplied Air System 2526 Day 469.25 Mercury Meter - Lumex Meter 2528 Day 1072.00 January 1, 2022 Page 5 of 9 EQUIPMENT EQUIPMENT DESCRIPTION ITEM NUMBER UNIT RATE Mercury Meter - Jerome Meter 2530 Day 670.00 Mercury Vacuum/Hepa Vacuum 2532 Day 871.25 Chlorine Emergency Kit "A"2534 Day 1172.75 Chlorine Emergency Kit "B"2536 Day 1306.75 Chlorine Emergency Kit "C"2538 Day 1574.75 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. Energy, Environmental and Insurance surcharge fee of 15% shall be applied to all invoices and subject to both labor and materials less taxes. January 1, 2022 Page 6 of 9 EQUIPMENT 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 3203 Each 60.25 30 Gallon Open Top 3204 Each 73.50 55 Gallon Open Top 3205 Each 100.75 55 Gallon Closed Top 3206 Each 100.75 55 Gallon Poly 3207 Each 114.00 85 Gallon Steel Overpack 3208 Each 284.50 95 Gallon Poly Overpack 3209 Each 268.50 250 Gallon Poly Tote 3210 Each 737.25 Triwall Box, Cubic Yard 3211 Each 188.00 Lighting Bulb/Tube Box 3212 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 Respirator Cartridges, Chlorine/Mercury 3313 Each 40.25 January 1, 2022 Page 7 of 9 MATERIALS AND SUPPLIES MATERIALS AND SUPPLIES DESCRIPTION ITEM NUMBER UNIT RATE 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 368.25 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 Poly Rope, 3/8" x 600'3518 Spool 120.75 Hand Held Hudson Sprayer 3519 Day 26.75 January 1, 2022 Page 8 of 9 MATERIALS AND SUPPLIES MATERIALS AND SUPPLIES DESCRIPTION ITEM NUMBER UNIT RATE 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. Energy, Environmental and Insurance surcharge fee of 15% shall be applied to all invoices and subject to both labor and materials less taxes. January 1, 2022 Page 9 of 9 MATERIALS AND SUPPLIES CITY OF CUPERTINO MASTER AGREEMENT CONSULTANT SERVICES SERVICE ORDER NO. MA Date:Master Agreement Contract #: Maximum Compensation: Consultant:Firm Name: Address: Contact: Ph: Project Name: Description: (simple project description if appropriate) Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and Compensation City Project Management Managing Department: Public Works Project Manager: Fiscal/Budget : SO Acc't #:PO #: Project #:Date: Approvals Signatures: Date: Date: Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that fund are available as of this date of signature City Finance:Date: Encumbrance this Service Order: MA End Date: Consultant/ Contractor Manager/ Supervisor: Management Analyst Master Agreement Maximum Compensation: Master Agreement Unencumbered Balance: Total Previously Encumbered to Date: City of Cupertino Master Agreement Service Order 191002 Exhibit B n Choose Insurance Requirements for On-Call Public Works Construction Contracts Version: Jan. 2021 1 Contractor shall procure and maintain for the duration of the contract, and for five years following the completion of the Project, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (“CGL”): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, written on a comprehensive general liability form, and must include coverage for liability arising from Contractor’s or Subcontractor’s acts or omissions, including Contractor’s protected coverage, blanket contractual, products and completed operations, vehicle coverage and employer’s non-ownership liability coverage, with limits of at least $2,000,000 per occurrence. The CGL policy must protect against any and all liability for personal injury, death, property damage or destruction, and personal and advertising injury. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 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 (1) the minimum coverage/limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Contractor's policy shall be "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 10 04 13 c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy 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 before the City’s own insurance or self-insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO Form CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, then hired autos (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per 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 per accident for bodily injury or 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. ☐ N/A if box checked (Contractor provides written verification it has no employees). 4. Professional Liability with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. ☒ N/A if box checked (Contract is not design/build).. 5. Builder’s Risk. 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. ON-CALL PUBLIC WORKS CONSTRUCTION CONTRACTS Insurance Requirements: Exhibit C Insurance Requirements for On-Call Public Works Construction Contracts Version: Jan. 2021 2 ☒ N/A if box checked (Project does not involve construction or improvements/installations to property). 6. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. ☐ N/A if box checked (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. Self-Insured Retentions. Self-insured retentions must be declared to and approved by City. At City’s option, either: (1) Contractor shall cause the insurer to reduce or eliminate self-insured retentions as respects City, its officers, officials, employees, and volunteers; or (2) Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or the City. OTHER INSURANCE PROVISIONS The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered as additional insureds on the CGL and automobile liability policies with respect to liability arising out of the Services performed by or on behalf of Contractor including materials, parts, or equipment furnished. Endorsement of CGL coverage shall be 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 Coverage For any claims related to this Project, Contractor’s insurance coverage shall be “primary and non-contributory” and at least as broad as ISO CG 20 01 04 13 with respect to City, its officers, officials, employees and volunteers, and shall not seek contribution from City’s insurance. If the limits of insurance are satisfied in part by Umbrella/Excess Insurance, the Umbrella/Excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a “primary and non-contributory” basis for the benefit of City. Notice of Cancellation Each insurance policy required shall provide that coverage shall not be canceled, except with notice to the City. Each certificate of insurance must state that the coverage afforded by the policy is in force and will not be reduced, cancelled or allowed to expire without at least 30 days advance written notice to City, unless due to non-payment of premiums, in which case ten 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. Builder’s Risk Contractor may submit 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 Builder’s Risk 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 Insurance Requirements for On-Call Public Works Construction Contracts Version: Jan. 2021 3 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. Waiver of Subrogation Each required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation it may have against City. Contractor agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors. Acceptability of Insurers Insurance must be issued by insurers acceptable to City and licensed to do business in the State of California, and each insurer must have an A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VII” or better. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. 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. Surety Bonds As required by 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. 1325217.1 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) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 2/4/2022 Arthur J.Gallagher Risk Management Services,Inc. 2345 Grand Blvd.,Suite 400 Kansas City MO 64108 816-421-7788 816-472-5517 GCSSFCerts@ajg.com License#:BR-724491 Zurich American Insurance Company 16535 PATRENV-02 Steadfast Insurance Company 26387PatriotEnvironmentalServices,Inc. 508 East E Street,Unit A Wilmington CA 90744 Liberty Mutual Insurance Company 23043 1580519750 A X 2,000,000 X 100,000 5,000 2,000,000 4,000,000 X Y Y GPL-6024753-01 11/1/2021 11/1/2022 4,000,000 A 1,000,000 X Y Y BAP 5682677-01 11/1/2021 11/1/2022 B X 10,000,000 X SXS 6182421-01 11/1/2021 11/1/2022 10,000,000 X 0 A XYWC5682678-01 11/1/2021 11/1/2022 Includes USL&H 1,000,000 1,000,000 1,000,000 A C Contractor's Pollution Professional Liability Marine/Hull P&I GPL-6024753-01 LIUH-00222-05 11/1/2021 11/1/2021 11/1/2022 11/1/2022 Per Occ/Agg Deductible Per Claim Marine P&I 2,000,000/4,000000 20,000 1,000,000 Excess Liability policy provides excess coverage over the General Liability/Contractor’s Pollution Liability,Automobile Liability,and Employers Liability. The City of Cupertino,its City Council,officers,officials,employees,agents,servants and volunteers are included as additional insureds with respect to General Liability and Auto Liability,policies on a primary and non-contributory basis as required by written contract.A waiver of subrogation is included in the general liability,auto liability and workers compensation coverage as required by written contract.30 days Notice of Cancellation provided to Certificate holder. City of Cupertino Policy No.Eff. Date of Pol.Exp. Date of Pol.Eff. Date of End.Producer Add'l Prem.Return Prem. Named Insured and Mailing Address:Producer: GPL 6024753-01 11/01/2021 11/01/2022 11/01/2021 18726000 PATRIOT ENVIRONMENTAL SERVICES, INC. 508 E E ST STE A WILMINGTON, CA 90744-6024 ARTHUR J GALLAGHER RISK MANAGEMENT SERVICES INC 2345 GRAND BLVD STE 400 KANSAS CITY, MO 64108-2625 ---------- ---------- Additional Insured-Automatic-Owners, Lessees Or Contractors Coverage Part One-Commercial General Liability Coverage Part Two-Contractor's Pollution Liability THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: Environmental Services Package Policy COVERAGE PART ONE-COMMERCIAL GENERAL LIABILITY COVERAGE PART TWO-CONTRACTOR'S POLLUTION LIABILITY 1.Who is an Insured (Section I.)in the COMMON COVERAGE PROVISIONS is amended to include as an additional insured any person(s)or organization(s)whom you are required to add as an additional insured on this policy under a written contract or written agreement. 2.The insurance provided to the additional insured person(s) or organization(s) applies only to: a."Bodily injury”,“property damage”or "personal and advertising injury"under COVERAGE PART ONE- COMMERCIAL GENERAL LIABILITY,COVERAGE A -BODILY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY caused, in whole or in part, by: (1)Your acts or omissions; or (2)The acts or omissions of those acting on your behalf; and resulting directly from: (a)Your ongoing operations performed for the additional insured,which is the subject of the written contract or written agreement; or (b)“Your work”completed as included in the "products-completed operations hazard",performed for the additional insured, which is the subject of the written contract or written agreement; and/or b."Claims"arising out of a "pollution event"under COVERAGE PART TWO -CONTRACTOR'S POLLUTION LIABILITY, caused, in whole or in part, by: (1)Your acts or omissions; or (2)The acts or omissions of those acting on your behalf, and resulting directly from: (a)"Covered operations"performed for the additional insured,which is the subject of the written contract or written agreement; or X X Page of STF-ESP-101-F CW (04/13) 13 (b)"Completed operations"of the "covered operations"performed for the additional insured,which is the subject of the written contract or written agreement. 3.However,regardless of the provisions of paragraphs 1.and 2.above,the insurance afforded to such additional insured: a.Only applies to the extent permitted by law; and b.Will not be broader than that which you are required by the written contract or written agreement to provide to such additional insured. 4.With respect to the insurance afforded to the additional insured under this endorsement,the following is added to Section III – Limits Of Insurance and Deductible: The most we will pay on behalf of the additional insured is the amount of insurance: a.Required by the written contract or written agreement you have entered into with the additional insured; or b.Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations 5.The insurance provided to the additional insured person or organization does not apply to: "Bodily injury","property damage"or "personal and advertising injury"arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: (1)The preparing,approving or failing to prepare or approve maps,shop drawings,opinions,reports,surveys, field orders, change orders or drawings and specifications; and (2)Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision,hiring,employment,training or monitoring of others by that insured,if the "occurrence"which caused the "bodily injury"or "property damage",or the offense which caused the "personal and advertising injury",involved the rendering of or the failure to render any architectural, engineering or surveying services. 6.The additional insured must see to it that: a.We are notified as soon as practicable of an "occurrence",offense or “pollution event”,as applicable,that may result in a claim; b.We receive written notice of a claim or "suit" as soon as practicable; and c.A request for defense and indemnity of the claim or "suit"will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity.This provision does not apply to insurance on which the additional insured is a Named Insured,if the written contract or written agreement requires that this coverage be primary and non-contributory. 7.For the coverage provided by this endorsement: a.The following paragraph is added to Paragraph 8.a.Other Insurance,Conditions (Section V.) in the COMMON COVERAGE PROVISIONS: Primary and Noncontributory Insurance This Insurance is primary to and will not seek contribution from any other insurance available to an additional insured under this endorsement provided that: (1)The additional insured is a Named Insured under such other insurance; and (2)You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. b.The following paragraph is added to Paragraph 8.b.Other Insurance,Conditions (Section V.) in the COMMON COVERAGE PROVISIONS: This insurance is excess over: Page of STF-ESP-101-F CW (04/13) 23 Any of the other insurance,whether primary,excess,contingent or on any other basis,available to an additional insured,in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence",offense,claim or "suit".This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. 8.This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds,and which endorsement applies specifically to that identified additional insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. Page of STF-ESP-101-F CW (04/13) 33 Policy No.Eff. Date of Pol.Exp. Date of Pol.Eff. Date of End.Producer No.Add’l. Prem Return Prem. BAP 5682677-01 11/01/2021 11/01/2022 18726000 INCL U-CA-424-F CW (04-14) Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Coverage Extension Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1.The following is added to the Who Is An Insured Provision in Section II – Covered Autos Liability Coverage: The following are also "insureds": a.Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any “employee” of yours is also an “insured” while operating an “auto” hired or rented under a contract or agreement in an “employee’s” name, with your permission, while performing duties related to the conduct of your business. b.Anyone volunteering services to you is an "insured" while using a covered "auto" you don’t own, hire or borrow to transport your clients or other persons in activities necessary to your business. c.Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d.Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2.The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance – Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment – Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II – Covered Autos Liability Coverage are replaced by the following: (2)Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4)All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION WC 00 03 13 (Ed. 4-84) @ 1983 National Council on Compensation Insurance. WC 00 03 13 Policy No. WC 5682678-01 On-Call PW MA Services Contract, Patriot Environmental Final Audit Report 2022-05-18 Created:2022-05-17 By:City of Cupertino (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAfVdo8r_Lma0Hw7mnGlBQO7WK7BAP-nO3 "On-Call PW MA Services Contract, Patriot Environmental" Histo ry Document created by City of Cupertino (webmaster@cupertino.org) 2022-05-17 - 0:37:57 AM GMT- IP address: 75.55.140.129 Document emailed to Julia Kinst (juliak@cupertino.org) for approval 2022-05-17 - 0:41:47 AM GMT Document approved by Julia Kinst (juliak@cupertino.org) Approval Date: 2022-05-17 - 0:42:46 AM GMT - Time Source: server- IP address: 75.55.140.129 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2022-05-17 - 0:42:49 AM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2022-05-17 - 3:55:46 PM GMT - Time Source: server- IP address: 73.170.27.253 Document emailed to Vanessa Benitez (vbenitez@patriotenvironmental.com) for signature 2022-05-17 - 3:55:50 PM GMT City of Cupertino (webmaster@cupertino.org) replaced signer Vanessa Benitez (vbenitez@patriotenvironmental.com) with maribel.aleman@patriotenvironmental.com 2022-05-17 - 8:05:02 PM GMT- IP address: 75.55.140.129 Document emailed to maribel.aleman@patriotenvironmental.com for signature 2022-05-17 - 8:05:02 PM GMT Email viewed by maribel.aleman@patriotenvironmental.com 2022-05-17 - 8:05:39 PM GMT- IP address: 98.51.153.139 Email viewed by maribel.aleman@patriotenvironmental.com 2022-05-18 - 9:08:24 PM GMT- IP address: 172.58.32.1 Document e-signed by Vanessa Benitez (vbenitez@patriotenvironmental.com) Signature Date: 2022-05-18 - 9:12:07 PM GMT - Time Source: server- IP address: 98.154.69.218 Document emailed to Christopher D. Jensen (christopherj@cupertino.org) for signature 2022-05-18 - 9:12:10 PM GMT Email viewed by Christopher D. Jensen (christopherj@cupertino.org) 2022-05-18 - 9:32:26 PM GMT- IP address: 104.47.74.126 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2022-05-18 - 9:32:48 PM GMT - Time Source: server- IP address: 136.24.42.212 Document emailed to Matt Morley (mattm@cupertino.org) for signature 2022-05-18 - 9:32:50 PM GMT Email viewed by Matt Morley (mattm@cupertino.org) 2022-05-18 - 9:53:07 PM GMT- IP address: 104.47.73.126 Document e-signed by Matt Morley (mattm@cupertino.org) Signature Date: 2022-05-18 - 9:55:51 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2022-05-18 - 9:55:53 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2022-05-18 - 10:30:33 PM GMT- IP address: 104.47.73.126 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2022-05-18 - 10:30:41 PM GMT - Time Source: server- IP address: 69.110.137.176 Agreement completed. 2022-05-18 - 10:30:41 PM GMT