Agenda packet — City Council and Concurrent Authorities, August 20, 2024 (part 3 of 9)

Exhibit B:

Insurance Requirements
(Equipment Maintenance & Repair Services)
Contractor shall procure and maintain for the duration of the contract 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 and the results of that work by the Contractor, his 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 Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. 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.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (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 with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if contractor provides written verification it has no employees)
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the 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 of Stockton.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Page 2 of 4 ends

coverage can be provided in the form of an endorsement to the Contractor’s insurance (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). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.

Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
EXHIBIT 1
REV 2022-06-07

Page 3 of 4 ends

Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.

Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:

EXHIBIT 1
REV 2022-06-07

Page 4 of 4 ends

City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main St, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT 1
(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZDͿ

EXHIBIT C

GENERAL TERMS AND CONDITIONS

1. Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A of the Agreement.

2. City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Contractor shall, at its sole cost and expense, furnish and maintain all facilities and equipment that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Contractor only the facilities and equipment listed in Exhibit A to the Agreement.

3. Compensation. City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.

3.1 Invoices submitted by Contractor to City must contain a brief description of work performed, time spent and City reference number. Within thirty (30) days of receipt of Contractor’s invoice, City will review invoice, and if acceptable make payment on approved invoice.

3.2 Upon completion of work and acceptance by City, Contractor shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Contractor fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.

4. Sufficiency of Contractor’s Work. All Contractor services, work, and deliverables shall be performed in a good and workmanlike manner with due diligence in accordance with the degree of skill normally exercised by similar contractors supplying services and work of a similar nature, and in conformance with applicable laws, codes and professional standards. Contractor’s work shall be adequate and sufficient to meet the purposes of this Agreement.

5. Ownership of Work. All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree 1 EXHIBIT 1
(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZDͿ
to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense.

Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.

6. Timeliness. Time is of the essence in this Agreement. Further, Contractor acknowledges that the failure of Contractor to comply with the time limits described in Exhibit A and Exhibit F may result in economic or other losses to the City.

7. Changes. Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreement for City to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work. Until the amendment is so executed, City will not be responsible to pay any charges Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services.

8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.

9. Contractor’s Status.

9. 1 In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City. Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.

9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's 2 EXHIBIT 1
(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZDͿ
control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.

9.3 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Contractor.

9.4 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's assigned personnel under the terms and conditions of this Agreement.

10. Subcontractor.

10.1 Subcontractors shall not be recognized as having any direct or contractual relationship with City. Contractor shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Agreement. Subcontractors will be provided with a copy of the Agreement and be bound by its terms. Contractor is responsible to City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.

10.2 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Contractor.

10.3 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor’s personnel.

11. Termination.

11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Contractor. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received. 3 EXHIBIT 1
(Rev. 10.30.18; Mod 0ϱ͘Ϭϴ͘ϮϯZD)

11. 2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party’s option, may terminate this Agreement by giving written notification to the other party.

11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.
Non-Assignability. The Contractor shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Contractor shall be solely responsible for reimbursing subcontractors. Indemnity and Hold Harmless. 7R WKH IXOOHVW H[WHQW SHUPLWWHG E\ ODZ &RQWUDFWRU VKDOO KROG KDUPOHVV GHIHQG DQG LQGHPQLI\ &LW\ RI 6WRFNWRQ DQG LWV RIILFHUV RIILFLDOV HPSOR\HHV DQG YROXQWHHUV IURP DQG DJDLQVW DQ\ DQG DOO OLDELOLW\ ORVV GDPDJH H[SHQVH FRVWV
LQFOXGLQJ ZLWKRXW OLPLWDWLRQ FRVWV DQG
IHHV RI OLWLJDWLRQ
RI HYHU\ QDWXUH DULVLQJ RXW RI RU LQ FRQQHFWLRQ ZLWK &RQWUDFWRU¶V SHUIRUPDQFH RI ZRUN KHUHXQGHU RU LWV IDLOXUH WR FRPSO\ ZLWK DQ\ RI LWV REOLJDWLRQV FRQWDLQHG LQ WKLV DJUHHPHQW H[FHSW VXFK ORVV RU GDPDJH ZKLFK ZDV FDXVHG E\ WKH VROH QHJOLJHQFH RU ZLOOIXO PLVFRQGXFW RI WKH &LW\ RI 6WRFNWRQ 7KLV REOLJDWLRQ LV LQGHSHQGHQW RI DQG VKDOO QRW LQ DQ\ ZD\ EH OLPLWHG E\ WKH PLQLPXP LQVXUDQFH REOLJDWLRQV FRQWDLQHG LQ WKLV DJUHHPHQW 7KHVH REOLJDWLRQV VKDOO VXUYLYH WKH FRPSOHWLRQ RU WHUPLQDWLRQ RI WKLV DJUHHPHQW
Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this Agreement and shall otherwise comply with the other provisions of Exhibit B to this Agreement.
Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement. Conformance to Applicable Laws. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person. 4 EXHIBIT 1
(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZDͿ

17. Licenses, Certifications and Permits. Prior to the City’s execution of this Agreement and prior to the Contractor’s engaging in any operation or activity set forth in this Agreement, Contractor shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreement. Contractor covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement. Such licenses, certificates and permits shall be maintained in full force and effect during the term of this Agreement.

18. Records and Audits. Contractor shall maintain all records regarding this Agreement and the services performed for a period of three (3) years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit. To the extent Contractor renders services on a time and materials basis, Contractor shall maintain complete and accurate accounting records, in a form prescribed by City or, if not prescribed by City, in accordance with generally accepted accounting principles, such records to include, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.

19. Confidentiality. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.

20. Conflicts of Interest. Contractor covenants that other than this Agreement, Contractor has no financial interest with any official, employee or other representative of the City. Contractor and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner of degree by the performance of Contractor’s services under this Agreement. If such an interest arises, Contractor shall immediately notify the City.

21. Waiver. In the event either City or Contractor at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation. No payment, partial payment, acceptance, or partial acceptance by City shall operate as a waiver on the part of City of any of its rights under this Agreement.

22. Governing Law. California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the Federal District Court of California, Eastern District, Sacramento Division.

23. No Personal Liability. No official or employee of City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount due Contractor.
5 EXHIBIT 1
(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZDͿ

24. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or city statue, ordinance or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.

25. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City’s nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial
assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.

26. Force Majeure. Neither party shall be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a force majeure event, and to use diligent efforts to re-commence performance as promptly as commercially practicable.

27. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor’s business.

28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.
6 EXHIBIT 1
(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZDͿ

29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.

30. Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

31. Entire Agreement, Integration, and Modification.

31.1 This Agreement represents the entire integrated agreement between Contractor and the City; supersedes all prior negotiations, representations, or agreements, either written or oral between the parties and may be amended only by a written Amendment signed by the Contractor and City Manager.

31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.

32. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
7 EXHIBIT 1
1 (Rev. 4.18.22)

EXHIBIT D

GOODS AND SERVICES TERMS AND CONDITIONS

1. Definitions. The following words and phrases have the following meanings for purposes of this Agreement:

1.1 "Services" means, collectively, the services, duties and responsibilities described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fully and to the standard of performance required in this Agreement.

1.2 “Deliverable” means quantifiable goods or services that will be provided upon completion of a project. A deliverable is any tangible material, work or thing delivered by one party to the other, including associated technical documentation. A deliverable can be tangible or intangible parts of the development process, and often are specified functions or characteristics of the project.

2. General. The following terms and conditions are applicable for the purchase of goods and services only. The special conditions shall be read in conjunction with the Standard Agreement, General Terms and Conditions (“GTC”) Exhibit C, and all other Exhibits identified in the Standard Agreement.

2.1 Where any portion of the GTC is in conflict to or at variance with any provisions of the Special Conditions of the Agreement, then unless a different intention stated, the provision(s) of the Special Conditions of the Agreement shall be deemed to override the provision(s) of GTC only to the extent that such conflict or variations in the Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.

2.2 In the case of modification of a part or provision of the GTC, the unaltered part or provision, or both shall remain in effect. The Special Conditions shall relate to a particular project and be peculiar to that project but shall not weaken the character or intent of the GTC.

3. Time for Performance.

3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.

3.2 Timeliness of Performance i) Contractor shall provide the Services, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other EXHIBIT 1
2 (Rev. 4.18.22)
losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.

4. Standard of Performance
In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:

4.1 Contractor’s Services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Contractor’s profession currently practicing under similar conditions. Contractor shall comply with the profession’s standard of performance, applicable laws, regulations, and industry standards. By delivery of completed work, Contractor certifies that the work conforms to the requirements of this Agreement and all applicable federal, state, and local laws. If Contractor is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Contractor shall maintain that license, certification, registration, or other similar requirement throughout the term of this Agreement.

4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with respect to that information, Contractor agrees to be held to the standard of care of a fiduciary. Contractor shall assure that all services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. Contractor must provide copies of any such licenses. Contractor remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Contractor or its subcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Using Agency and delivered in a timely manner consistent with the requirements of this Agreement.

4.3 If Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance, or payment for any of the Services by the City does not relieve Contractor of its responsibility for the professional skill and care and technical accuracy of its Services and Deliverables. This provision in no way limits the City’s rights against Contractor either under this Agreement, at law or in equity.

5. Compensation

5.1 In addition to Section 3 Compensation in Exhibit C – GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:

5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed EXHIBIT 1
3 (Rev. 4.18.22)
basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.

6. Reports and Information
Contractor shall at such times and in such forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit E.

7. Findings Confidential
All the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.

8. Right of Inspection
All Deliverables furnished by Contractor must be as specified in Exhibit A and will be subject to inspection and approval of City after delivery. City reserves the right to reject and return, at the risk and expense of Contractor, the portion of any Deliverable which may be defective or fail to comply with specifications in Exhibit A without invalidating the remainder of the Deliverables. If rejected, Deliverable will be held for disposition at the expense and risk of Contractor. Payment for Deliverable prior to inspection shall not constitute acceptance of the Deliverable.

9. Warranty
Contractor warrants that (i) any Deliverable created or performed by Contractor for City under this Agreement will conform to specifications, drawings or samples furnished by City to Contractor for a minimum period of one year, and (ii) any standard Deliverable sold by Contractor to other customers besides City will meet or exceed any of the standards for such types of product in industry, any express or implied warranty stated or EXHIBIT 1
4 (Rev. 4.18.22)
advertised by Contractor or the actual manufacturer of such Deliverable, or any warranties implied by law. Contractor’s warranty shall survive delivery of Deliverable and shall not be deemed waived by City’s failure to discover defects, acceptance of the Deliverable, or payment, therefore.

10. Ownership
Contractor shall have title to and bear the risk of any loss or damage to the Deliverable until the Deliverable is delivered and accepted by City in conformity with this Agreement. Upon delivery and acceptance, Deliverable delivered by Contractor shall become the exclusive property of City. The ownership rights described herein shall include, but not be limited to, the right to copy, publish, display, transfer, or otherwise use the Deliverable. All artwork, patterns, dies, models, samples, materials, drawings, specifications, technical material, advertising material and any other personal property furnished by City to Contractor, or specifically paid for by City for use in performance of the Agreement, shall be and remain the property of City and said property shall be used only for Deliverables benefiting City. Contractor shall return to City or shall dispose of this property only according to City’s instruction.

11. Applicable Laws
Under guidelines specified in 29 CFR 1910.1200 (f) and (g) City requests that Contractor label applicable Deliverables accordingly and provide associated Safety Data Sheets (“SDS”) to City.

Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.

12. Prevailing Wage
It shall be the responsibility of the Contractor to comply, when applicable, with the prevailing wage rates in accordance with the State of California Department of Industrial Relations. It shall further be the responsibility of the Contractor to monitor the prevailing wage rates as established by the California Department of Industrial Relations for any increase in rates during the term of this Agreement and adjust wage rates accordingly.

CONTRACTOR REGISTRATION REQUIREMENTS- Pursuant to Labor Code Section 1771.1(a): A Contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of this section for an unregistered Contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the Contractor is EXHIBIT 1
5 (Rev. 4.18.22)
registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. Department of Industrial Relations- Contractor Registration information and web link: https://www.dir.ca.gov/public-works/publicworks.html. In compliance with Senate Bill 854 and the California Labor Code, all Bidders shall include with their Bid proof of registration from the Department of Industrial Relations (DIR) that includes the contractor’s Legal Name, Registration Number, License Type/Number, Registration Date and Expiration Date, for every contractor and subcontractor, regardless of tier.

This project may be subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors must submit their certified payroll records directly to the Division of Labor Standards Enforcement Compliance Monitoring Unit, as well as the City of Stockton.

13. Shipping Terms
City shipment terms are F.O.B. Destination, Freight Prepaid and Added unless otherwise specified in the Agreement. Contractor shall observe shipping instructions and, unless otherwise stated in the instructions, shall ship Deliverables in the safest and most economical manner necessary to meet the delivery date specified in the Agreement.

City reserves the right to refuse, at Contractor’s expense, any shipments not containing the Agreement number or stock numbers as required under this section.

14. Deliveries
TIME IS OF THE ESSENCE IN THE PERFORMANCE OF ANY ORDER. If Deliverable is not provided or performed within the times specified in the Agreement, City may cancel the Agreement and hold Contractor liable for damages incurred due to the untimely delivery including, but not limited to, the additional costs resultant from City procuring substitute Deliverables elsewhere.

15. Price and Quantities
EXHIBIT 1
6 (Rev. 4.18.22)
Prices and quantities set forth in this Agreement may not be altered by Contractor without the prior written authorization of City, with the exception that quantities of custom paper or printed Deliverables, chemicals, or fuel may deviate from those in the Agreement by the lesser of standard industry practices.

EXHIBIT 1
1 (Rev. 10.30.18)

EXHIBIT E

COMPENSATION SCHEDULE
The Contractor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:

1. Project Price

1.1 The maximum the Contractor shall be paid on this Agreement is $____683,935.80__________ (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.

1.2 Standard Reimbursable Items: Only the reimbursable items identified in Exhibit A, C, and D (Compensation), shall be compensated to the Contractor.

Reimbursable expenses will be reimbursed without markup. Fees plus reimbursable expenses shall not exceed the amount set forth in section 1.1 of this Exhibit and a copy of the original invoice for the items listed in i, ii or iii below shall be attached to the invoice submitted to the City for reimbursement. Payments shall be based upon work documents submitted by the Contractor to the City and accepted by the City as being satisfactory to City’s needs. The City shall not pay a markup on any of the items listed in i, ii or iii.

Additionally, items such a telephone, fax, postage or freight are already included in the billable hourly rate. Contractor shall be reimbursed the direct expenses, which are the actual cost of the following items that are reasonable, necessary and actually incurred, by the Contractor in connection with the services:
i. Expenses, fees or charges for printing, reproduction or binding of documents at actual costs with no markup added to the actual cost. ii. Any filing fees, permit fees, or other fees paid or advanced by the Contractor at actual costs with no markup added to the actual cost. iii. Travel expenses shall be reimbursed in accordance with the City’s travel policy, which is incorporated herein by reference.

Reimbursement shall be made at actual costs with no markup added to the actual cost.

1.3 The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached.

Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.

EXHIBIT 1
2 (Rev. 10.30.18)

1.4 If work is completed before the “not to exceed” amount is reached, the Contractor’s compensation will be based on the Contractor’s invoices previously submitted for acceptable work performed and approved.

1.5 Subcontractor Costs: Compensation for subcontractors shall be limited to the same restrictions imposed on the Contractor. Maximum markup Contractor may apply to subcontractor fees, minus reimbursable expenses, shall not exceed ___0___%.

2. Task Price. Below is the price for the services and reimbursable expenses as described in Exhibit A of this Agreement.

See Attachment A.

5. Invoice to Address. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed in this Exhibit. Invoices shall be submitted to the below address:

[email protected]
EXHIBIT 1
Total
Quantity
on Parts
Bid
Unit
price
DW
units
DW Line total WW
units
WW Line
total
WW
Lab
units
WW Lab
Line total
Total
Quantity
on Service
Bid
Units for
DW
Units
for
WW
Units
for
WW
Lab
Year 1
Service
each
Year 2
Service
each
Year 3
Service
Each
Yr 1 Service
Cost for DW
Yr 1 Service
Cost for
WW
Yr 1 Service
Cost for WW
Lab
Yr 2 Service
Cost for DW
Yr 2 Service
Cost for
WW
Yr 2 Service
Cost for
WW Lab
Yr 3 Service
Cost for DW
Yr 3 Service
Cost for
WW
Yr 3 Service
Cost for
WW Lab
TU5300 14 3985 12 47820 2 7970 0 14 12 2 967 1,156.48 1,202.74 11604 1934 0 13877.76 2312.96 0 14432.88 2405.48 0Acm 14 12 2 226 271.44 282.3 2712 452 0 3257.28 542.88 0 3387.6 564.6 0SC4500 21 3359 19 63821 2 6718 0 21 19 2 293 352.56 366.66 5567 586 0 6698.64 705.12 0 6966.54 733.32 0SC1000 1 4301 1 4301 0 0 1 1 286 442 459.68 286 0 0 442 0 0 459.68 0 0TL2300 1 3879 1 3879 0 0 1 1 768 798.72 830.67 768 0 0 798.72 0 0 830.67 0 0pHD (DPD1P1) 9 1574 8 12592 1 1574 0 9 8 1 273 1,174.16 1,221.13 2184 273 0 9393.28 1174.16 0 9769.04 1221.13 0Cond (D3422B3) 3 951 3 2853 0 0 3 3 243 1,174.16 1,221.13 729 0 0 3522.48 0 0 3663.39 0 0pHD_WDMP 1 1382 1 1382 0 0 1 1 273 1,174.16 1,221.13 273 0 0 1174.16 0 0 1221.13 0 0pHD (PD2P1) 4 1231 4 4924 0 0 4 4 273 1,174.16 1,221.13 1092 0 0 4696.64 0 0 4884.52 0 0ORP (RD2P5) 3 1293 3 3879 0 0 3 3 273 1,174.16 1,221.13 819 0 0 3522.48 0 0 3663.39 0 0CL17sc Free 7 3538 7 24766 0 0 7 7 869 1,235.52 1,284.94 6083 0 0 8648.64 0 0 8994.58 0 0Solitax 1 5787 1 5787 0 0 1 1 1260 1,505.92 1,566.16 1260 0 0 1505.92 0 0 1566.16 0 0DR6000 1 13802 1 13802 0 0 1 1 1773 1,843.92 1,917.68 1773 0 0 1843.92 0 0 1917.68 0 0CL17sc Total 1 3545 1 3545 0 0 1 1 869 1,235.52 1,284.94 869 0 0 1235.52 0 0 1284.94 0 0QP1680 1 30875 0 0 1 30875 1 1 6378 6,633.12 6,898.44 0 0 6378 0 0 6633.12 0 0 6898.44DR900 1 2258 0 0 1 2258 1 1 358 372.32 387.21 0 0 358 0 0 372.32 0 0 387.21DR3900 1 6872 0 0 1 6872 1 1 1098 1,141.92 1,187.60 0 0 1098 0 0 1141.92 0 0 1187.6HQ430D 1 1930 0 0 1 1930 1 1 459 477.36 496.45 0 0 459 0 0 477.36 0 0 496.45HQ440D 1 2629 1 2629 0 0 2 1 1 629 654.16 680.33 629 629 0 654.16 654.16 0 680.33 680.33 0AS950 19 4810 0 19 91390 0 19 19 807 962 1,000.48 0 15333 0 0 18278 0 0 19009.12 0Amtax 1 24593 0 1 24593 0 1 1 2822 3,375.84 3,510.87 0 2822 0 0 3375.84 0 0 3510.87 0Filatrax 1 10931 0 1 10931 0 1 1 3672 4,389.84 4,565.43 0 3672 0 0 4389.84 0 0 4565.43 0SS7 3 3 1242 1,291.68 1,343.35 3726 0 0 3875.04 0 0 4030.05 0 0HQD 2 2 517 537.68 559.19 0 1034 0 0 1075.36 0 0 1118.38 0LDO Lab 4 4 287 298.48 310.42 0 0 1148 0 0 1193.92 0 0 1241.68PH Lab 2 2 1129 1,174.16 1,221.13 0 0 2258 0 0 2348.32 0 0 2442.26Total $195,980.00 $143,176.00 $41,935.00 $40,374.00 $26,735.00 $11,699.00 $65,146.64 $32,508.32 $12,166.96 $67,752.58 $33,808.66 $12,653.64 Total Each $369,253.22 $236,227.98 $78,454.60
$173,273.22
$93,051.98
Parts Sum $36,519.60
Service Sum $302,844.80
Grand total
$381,091.00
$683,935.80
$683,935.80
Total DW Service all 3 Years
Total WW Service all 3 Years
Total WW Lab Service all 3 Years

ATTACHMENT A
EXHIBIT 1
City of Stockton
Legislation Text
File #: 24-0676, Version: 1
ADOPT A RESOLUTION TO AWARD A CONTRACT TO HADRONEX, INC. DBA SMARTCOVER

SYSTEMS LLC FOR CITYWIDE WASTEWATER MONITORING SERVICES

RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.

2. Award a three (3) year contract not-to-exceed $269,783.60 to Hadronex Inc, dba SmartCover LLC of Escondido, CA, for H2S and Level Monitoring Systems (PUR 24-006) for citywide wastewater monitoring solutions with one possible two-year extension. (Exhibit 1 to the Resolution).

It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.

Summary
The Collections Division of the Municipal Utilities Department (MUD) is responsible for the operation and maintenance of citywide wastewater collections systems. The MUD monitors Hydrogen Sulfide (H2S) concentrations, wastewater levels and flowrates throughout the collections system to manage collections system operations and prevent sanitary spill overflows. Staff monitor approximately 40 satellite-connected sensors strategically placed throughout the City to provide collection system wastewater levels and flowrates using a software monitoring system.

If approved, this resolution will award a three-year contract to Hadronex Inc. dba SmartCover, LLC of Escondido, CA, (SmartCover) for citywide Wastewater Monitoring Services in an amount not-toexceed $269,783.60 with the possibility of one two-year extension.

DISCUSSION
Background
The MUD Collections Division is responsible for the operation and maintenance of the citywide sanitary wastewater collections system. The City wastewater collection system conveys wastewater to the Regional Wastewater Control Facility (RWCF) for treatment. Presently, the City utilizes approximately 40 satellite-connected sensors placed throughout the citywide wastewater collections system. The concentrations of H2S in the wastewater collection, system level and flowrate are monitored by staff to manage collections system operations and prevent sanitary sewer overflows.

City of Stockton Page 1 of 3 Printed on 8/16/2024
powered by Legistar™
File #: 24-0676, Version: 1
Since 2019, staff have maintained annual purchase orders with SmartCover for the purchase of wastewater monitoring equipment and services.

On December 5, 2023, the City advertised the Request for Statement of Qualifications (RSOQ) for H2 S and Level Monitoring System (PUR 24-006) to explore best-in-class wastewater monitoring solutions for the wastewater collections systems. On January 11, 2024, one proposal was received by the City Clerk’s office from SmartCover of Escondido, California.

Present Situation
SmartCover’s proposal presented a variety of best-available and proven solutions including equipment, software, and analysis services.

Staff evaluated SmartCover’s qualifications based on the proposed solutions, features and services, specific experience with implementation at other agencies, and qualifications and was determined to be a qualified firm. Additionally, the MUD will be able expand its capabilities to detect stormwater inflow and intrusion to the wastewater collections system and conduct an overall strategic analysis of sensor placements throughout the City.

Description Sensor
Monitoring
Service
New
Equipment
Purchases
Equipment
Warranty
Services
Strategic
Analysis
Study
Total
Year 1 $25,098 $52,019.60 $29,110 $8,000 $114,227.60
Year 2 $26,816 $10,703 $36,515 NA $74,034.00
Year 3 $28,645 $11,022 $41,855 NA $81,522.00
Total Cost $269,783.60
If approved by the City Council, this action will award a three-year contract with Hadronex, Inc., dba SmartCover, LLC, for the not-to-exceed amount of $269,783.60 with one possible two-year extension.

Findings
Pursuant to Stockton Municipal Code section 3.68.070, the City Council may approve findings which support an exception to the competitive bidding process. The following findings support an exception:

1. The MUD monitors Hydrogen Sulfide (H2S) concentrations, wastewater levels and flowrates throughout the wastewater collections system.

2. The MUD solicited for best-in-class wastewater monitoring solutions for the City-wide wastewater collections system.

3. The selection of SmartCover technology will help MUD in the management of the wastewater collections system operations and aid in preventing sanitary sewer overflows.

City of Stockton Page 2 of 3 Printed on 8/16/2024
powered by Legistar™
File #: 24-0676, Version: 1

FINANCIAL SUMMARY
The FY 2024-25 Annual Budget includes sufficient budget in the Wastewater Collections Division for the proposed cost for the contract. Costs for the subsequent years will be budgeted in the same account, and subject to City Council approval during the annual budget development process.

This action has no impact on the General Fund or any other unrestricted funds.

City of Stockton Page 3 of 3 Printed on 8/16/2024
powered by Legistar™
Resolution No.

STOCKTON CITY COUNCIL
RESOLUTION AWARDING A CONTRACT TO HADRONEX INC. DBA SMARTCOVER

LLC FOR CITYWIDE WASTEWATER MONITORING SERVICES
The Collections Division of the Municipal Utilities Department (MUD) is responsible for the operation and maintenance of wastewater collections systems citywide. The MUD monitors Hydrogen Sulfide (H2S) concentrations, wastewater levels and flowrates throughout the collections system to manage operations and prevent sanitary sewer overflows. Staff monitor approximately 40 satellite-connected sensors strategically placed throughout the City to provide collection system wastewater levels and flowrates using a software monitoring system; and
A Request for Statement of Qualifications for H2S and Level Monitoring System (PUR 24-006) was publicly advertised on December 5, 2023, in The Record and on the City’s Bid Flash webpage; and
The Request for Statement of Qualifications outlined the requirements for solutions to monitor the City’s wastewater collections systems; and Staff evaluated the submitted qualifications based on the proposed solutions, features and services, specific experience with implementation at other agencies, and qualifications. Hadronex Inc., dba SmartCover LLC was determined to be a qualified firm based on the noted criteria; now, therefore,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

1. The City Council approves the following findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
a. The MUD monitors Hydrogen Sulfide (H2S) concentrations, wastewater levels and flowrates throughout the wastewater collections system. b. The MUD solicited for best-in-class wastewater monitoring solutions for the City-wide wastewater collections system.
c. The selection of SmartCover technology will help MUD in the management of the wastewater collections system operations and aid in preventing sanitary sewer overflows.

2. The City Council authorizes the City Manager to execute a three (3) year contract with Hadronex Inc, dba SmartCover LLC, of Escondido, CA, for H2S and Level Monitoring Systems (PUR 24-006), for citywide wastewater monitoring solutions not-to- exceed $269,783.60 with one possible two-year extension, a copy is attached as Exhibit 1 and incorporated by this reference.

3. The City Manager or designee is hereby authorized to take appropriate and necessary actions to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED August 20, 2024 .

KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton
1 (ZĞǀ͘ϭϬ.Ϯϳ.ϮϮ)

CITY OF STOCKTON

STANDARD AGREEMENT

1. This Agreement is entered into between the City of Stockton (“City”) and (“Contractor”) to provide
as set forth in Exhibit A to this Agreement.
_____________________________________________________________________________

2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:

Commences on: Terminates on:
_____________________________________________________________________________

3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $

J
([KLELW*6SHFLDO)XQGLQJ7HUPV &RQGLWLRQV ,IDSSOLFDEOHFKHFNER[
<(6 ____________________________________________________________________________ IN WITNESS WHEREOF, the authorized parties have executed this Agreement.

CONTRACTOR
______________________________________________________________________________________________ Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
______________________________________________________________________________________________ Authorized Signature Date
______________________________________________________________________________________________ Printed Name and Title of Person Signing
______________________________________________________________________________________________ Address

CITY OF STOCKTON
_________________________________________________________BB________________ +DUU\%ODFN City Manager Date
ATTEST:
____________________________________________________________________________ (OL]D5*DU]D&0&, City Clerk
APPROVED AS TO FORM:
/RUL0$VXQFLRQ, City Attorney
BY:

Agreement Number:
(a) Exhibit A – Statement of Work
(b) Exhibit B – Insurance
(c) Exhibit C – General Terms Conditions
(d) Exhibit D –

H
Exhibit E – Compensation Schedule
(f) Exhibit F – Timeline
EXHIBIT 1
Hadronex Inc. DBA SmartCover Systems Wastewater Monitoring Services July 1, 2024 June 30, 2027
269,783.60
Goods and Services Special Terms and Conditions
ARPA
1 (Rev. 10.30.18)

EXHIBIT A

STATEMENT OF WORK

1. Project Objectives

1.1 Provide equipment, monitoring, support, and analysis for sanitary sewer activity through the City-wide sanitary wastewater collections system.

2. Project Scope

2.1 Contractor to provide, support, and warranty wastewater monitoring equipment specified by the City.

2.2 Contractor to conduct system wide analysis of City wastewater collection system and provide recommendations for optimal equipment and monitoring placements and strategies.

2.3 Contractor to provide training and support for use of the proprietary web-based monitoring software on an as-needed basis.

3. Specifications

3.1 All equipment and repair parts provided under this contract shall be compatible with existing Contractor monitoring software and equipment unless otherwise accepted by the City.

4. Major Deliverables

4.1 Continued and expanded use of the proprietary web-based monitoring software, including the expanded capability for monitoring stormwater inflow and intrusion at sites specified by the City.

4.2 Ten (10) new wastewater level monitoring equipment packages.

4.3 One (1) Smart Nodal Analysis Protocol (SNAP) study.

4.4 Conditional parts warranty service for all monitored equipment; exclusions may apply. Damage from acts of nature, misuse, lack of maintenance, vandalism, or unauthorized repair may not be covered under warranties. Warranties do not apply for relocations and modified installations. All units within the scope of this Contract must be covered for all warranty coverage options, labor costs are not included with System Parts and PowerPack warranty replacement coverage.

EXHIBIT 1
2 (Rev. 10.30.18)

5. Tasks That Support the Deliverables

5.1 Contractor to provide training, access, and support for web-based monitoring software.

5.2 City to provide access to workorder information and GIS data to support SNAP study.

6. Internal and External Standards and Guidelines

6.1 Web-based monitoring software shall be accessible through typical Windows based computer systems and mobile smartphones.

7. Criteria of Acceptance for Deliverables

7.1 Upon receipt of new equipment or parts, City shall inspect each system and order for completeness and damage. City shall not be responsible for shipping charges of orders which arrive incomplete or damaged.

7.2 Contractor shall supply SNAP study data and documentation in a hard copy format as well as a digital copy in a standard format such as PDF, or Microsoft Office formats.

8. Notices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:

Contractor: ______________________ City: City of Stockton ______________________ Attn: City Manager
______________________ 425 N. El Dorado Street
______________________ Stockton, CA 95202

9. Key Personnel
The contract will be managed by the Municipal Utilities Department Program Manager III for Collections, and/or the Deputy Director of Collections and Maintenance.

10. Option to Renew.

The term of the Agreement may be extended up to 2 years by a written amendment executed by both parties. However, the total term of the Agreement including the extended term shall not exceed 5 years.

EXHIBIT 1
REV 2022-05-17
Exhibit B:

Insurance Requirements
(SmartCover Level Systems)
Contractor shall procure and maintain for the duration of the contract 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 and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

2. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the 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 of Stockton.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (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). Additional insured Name of Organization shall read “City of Stockton, its officers, EXHIBIT 1
REV 2022-05-17
officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall EXHIBIT 1
REV 2022-05-17
provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.

Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:

City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main St, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT 1

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD

PRODUCER CONTACT
NAME:

PHONE FAX (A/C, No, Ext): (A/C, No):

E-MAIL
ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $

PRO- POLICY LOC JECT PRODUCTS - COMP/OP AGG
OTHER: $

COMBINED SINGLE LIMIT
(Ea accident) $
ANY AUTO BODILY INJURY (Per person) $

OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY (Per accident) $

HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY (Per accident) $
$

OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $
PER OTHSTATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

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.

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.

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).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
5/14/2024
License # 0C36861
(619) 816-3740
35289
Hadronex, Inc. dba: SmartCover Systems
2110 Enterprise
Escondido, CA 92029
42376
21199
A 1,000,000
XX 7018210531 2/2/2024 2/2/2025 100,000
15,000
1,000,000
2,000,000
2,000,000
POL AGG LIMIT 25,000,000
A 1,000,000
XX BUA 7018210545 2/2/2024 2/2/2025
A 2,000,000
X CUE 7018210528 2/2/2024 2/2/2025 2,000,000
10,000
B
X TWC4416955 4/1/2024 4/1/2025 1,000,000
1,000,000
1,000,000
C Cyber-Tech E&O/Prof C4LQG085710CYBER2023 9/1/2023 9/1/2024 Limit: 2,000,000 The City of Stockton, its officers, REV 2022-05-17officials, employees, and volunteers are named as additional insured on primary and non-contributory basis, waiver of subrogation applies.
30 Days Notice of Cancellation. Excess/Umbrella policy follows form. GL is scheduled as underlying.

City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
HADRINC-01 NNIE
San Marcos - Escondido
277 Rancheros Dr, Ste 300
San Marcos, CA 92069
Chad Evans
[email protected]
Continental Insurance Company
Technology Insurance Company Inc
Arch Specialty Insurance Company
X
X
X
XX
X
X
X
X
EXHIBIT 1

CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed as follows:

I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this Coverage Part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf:

A. In the performance of your ongoing operations subject to such written contract; or B. In the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if:

1. The written contract requires you to provide the additional insured such coverage; and

2. This Coverage Part provides such coverage; and
C. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with:

1. Coverage broader than what you are required to provide by the written contract; or

2. A higher limit of insurance than what you are required to provide by the written contract.

Any coverage granted by this Paragraph I. shall apply solely to the extent permissible by law.

II. If the written contract requires additional insured coverage under the 07-04 edition of CG2010 or CG2037, then paragraph I. above is deleted in its entirety and replaced by the following:

WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this Coverage Part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf:

1. The written contract requires you to provide the additional insured such coverage; and

2. This Coverage Part provides such coverage.

III. But if the written contract requires:

A. Additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or
B. Additional insured coverage with “arising out of” language; then paragraph I. above is deleted in its entirety and replaced by the following:

WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this Coverage Part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract.

CNA75079XX (3-22) Policy No: 7018210531

Page 1 of 3 ends

The Continental Insurance Co. Effective Date: 02/02/2024 Insured Name: HADRONEX, INC.

CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement IV. But if the written contract requires additional insured coverage to the greatest extent permissible by law, then paragraph I. above is deleted in its entirety and replaced by the following:

WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this Coverage Part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract.

V. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of:

A. The rendering of, or the 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; or B. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part.

VI. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this Coverage Part:

Primary and Noncontributory Insurance
With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be:

1. Primary and non-contributing with other insurance available to the additional insured; or

2. Primary and to not seek contribution from any other insurance available to the additional insured.

But except as specified above, this insurance will be excess of all other insurance available to the additional insured.

VII. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:

The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following:

Any additional insured pursuant to this endorsement will as soon as practicable:

1. Give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim;

2. Send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and

3. Make available any other insurance, and endeavor to tender the defense and indemnity of any claim to any other insurer or self-insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part.

However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to other insurance under which the additional insured is a named insured.

The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured.

CNA75079XX (3-22) Policy No: 7018210531

Page 2 of 3 ends

The Continental Insurance Co. Effective Date: 02/02/2024 Insured Name: HADRONEX, INC.

EXHIBIT 1

CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement VIII.Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition:

Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement:

A. Was executed prior to:

1. The bodily injury or property damage; or

2. The offense that caused the personal and advertising injury; for which the additional insured seeks coverage; and
B. Is still in effect at the time of the bodily injury or property damage occurrence or personal and advertising injury offense.

All other terms and conditions of the Policy remain unchanged.

This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.

CNA75079XX (3-22) Policy No: 7018210531

Page 3 of 3 ends

The Continental Insurance Co. Effective Date: 02/02/2024 Insured Name: HADRONEX, INC.

CNA PARAMOUNT
Technology General Liability Extension Endorsement
It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply.

TABLE OF CONTENTS

1. Additional Insureds

2. Additional Insured - Primary And Non-Contributory To Additional Insured’s Insurance

3. Bodily Injury – Expanded Definition

4. Broad Knowledge of Occurrence/ Notice of Occurrence

5. Broad Named Insured

6. Estates, Legal Representatives and Spouses

7. Expected Or Intended Injury – Exception for Reasonable Force

8. In Rem Actions

9. Incidental Health Care Malpractice Coverage

10. Joint Ventures/Partnership/Limited Liability Companies

11. Legal Liability – Damage To Premises

12. Medical Payments

13. Non-owned Aircraft Coverage

14. Non-owned Watercraft

15. Personal And Advertising Injury – Discrimination or Humiliation

16. Personal And Advertising Injury - Limited Contractual Liability

17. Property Damage - Elevators

18. Supplementary Payments

19. Property Damage – Patterns, Molds and Dies

20. Unintentional Failure To Disclose Hazards

21. Waiver of Subrogation – Blanket
CNA74872XX (1-15) Policy No: 7018210531

Page 1 of 14 ends

The Continental Insurance Co. Effective Date: 02/02/2024 Insured Name: HADRONEX, INC.

Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 20020003170182105316486
EXHIBIT 1

CNA PARAMOUNT
Technology General Liability Extension Endorsement

1. ADDITIONAL INSUREDS
a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through K. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement:
(1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to:
(a) the bodily injury or property damage; or
(b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage.
b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with:
(1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through K. below.

Any coverage granted by this endorsement shall apply only to the extent permissible by law.

A. Controlling Interest
Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization’s liability for bodily injury, property damage or personal and advertising injury arising out of:

1. such person or organization’s financial control of a Named Insured; or

2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises;
provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

B. Co-owner of Insured Premises
A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner’s liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises.

C. Grantor of Franchise
Any person or organization that has granted a franchise to a Named Insured, but only with respect to such person or organization’s liability for bodily injury, property damage or personal and advertising injury as grantor of a franchise to the Named Insured.

D. Lessor of Equipment
Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured’s maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease.

CNA74872XX (1-15) Policy No: 7018210531

Page 2 of 14 ends

The Continental Insurance Co. Effective Date: 02/02/2024 Insured Name: HADRONEX, INC.

EXHIBIT 1

CNA PARAMOUNT
Technology General Liability Extension Endorsement
E. Lessor of Land
Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

F. Lessor of Premises
An owner or lessor of premises leased to the Named Insured, or such owner or lessor’s real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

G. Mortgagee, Assignee or Receiver
A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver’s liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured’s ownership, maintenance, or use of a premises by a Named Insured.

The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

H. State or Governmental Agency or Subdivision or Political Subdivisions – Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision’s liability for bodily injury, property damage or personal and advertising injury arising out of:

1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies:
a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or

2. the permitted or authorized operations performed by a Named Insured or on a Named Insured’s behalf.

The coverage granted by this paragraph does not apply to:
a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products-completed operations hazard.

With respect to this provision’s requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured.

CNA74872XX (1-15) Policy No: 7018210531

Page 3 of 14 ends

The Continental Insurance Co. Effective Date: 02/02/2024 Insured Name: HADRONEX, INC.

Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 20020003170182105316487
EXHIBIT 1

CNA PARAMOUNT
Technology General Liability Extension Endorsement
I. Trade Show Event Lessor

1. With respect to a Named Insured’s participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization’s liability for bodily injury, property damage or personal and advertising injury caused by:
a. the Named Insured’s acts or omissions; or
b. the acts or omissions of those acting on the Named Insured’s behalf, in the performance of the Named Insured’s ongoing operations at the trade show event premises during the trade show event.

2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard.

J. Vendor
Any person or organization but only with respect to such person or organization’s liability for bodily injury or property damage arising out of your products which are distributed or sold in the regular course of such person or organization's business, provided that:

1. The coverage granted by this paragraph does not apply to:
a. bodily injury or property damage for which such person or organization is obligated to pay damages by reason of the assumption of liability in a contract or agreement unless such liability exists in the absence of the contract or agreement;
b. any express warranty unauthorized by the Named Insured; c. any physical or chemical change in any product made intentionally by such person or organization; d. repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container;
e. any failure to make any inspections, adjustments, tests or servicing that such person or organization has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products;
f. demonstration, installation, servicing or repair operations, except such operations performed at such person or organization’s premises in connection with the sale of a product; g. products which, after distribution or sale by the Named Insured, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for such person or organization; or h. bodily injury or property damage arising out of the sole negligence of such person or organization for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to:
(1) the exceptions contained in Subparagraphs d. or f. above; or (2) such inspections, adjustments, tests or servicing as such person or organization has agreed with the Named Insured to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products.

2. This Paragraph J. does not apply to any insured person or organization, from whom the Named Insured has acquired such products, nor to any ingredient, part or container, entering into, accompanying or containing such products.

CNA74872XX (1-15) Policy No: 7018210531

Page 4 of 14 ends

The Continental Insurance Co. Effective Date: 02/02/2024 Insured Name: HADRONEX, INC.

EXHIBIT 1

CNA PARAMOUNT
Technology General Liability Extension Endorsement

3. This Paragraph J. also does not apply:
a. to any vendor specifically scheduled as an additional insured by endorsement to this Coverage Part; b. to any of your products for which coverage is excluded by endorsement to this Coverage Part; nor c. if bodily injury or property damage included within the products-completed operations hazard is excluded by endorsement to this Coverage Part.

K. Other Person Or Organization / Your Work
Any person or organization who is not an additional insured under Paragraphs A. through J. above. Such additional insured is an Insured solely for bodily injury, property damage or personal and advertising injury for which such additional insured is liable because of the Named Insured’s acts or omissions.

The coverage granted by this paragraph does not apply to any person or organization:

1. who is specifically scheduled as an additional insured on another endorsement to this Coverage Part; nor

2. for bodily injury or property damage included within the products-completed operations hazard except to the extent all of the following apply:
a. this Coverage Part provides such coverage;
b. the written contract or agreement described in the opening paragraph of this ADDITIONAL INSUREDS Provision requires the Named Insured to provide the additional insured such coverage; and c. the bodily injury or property damage results from your work that is the subject of the written contract or agreement, and such work has not been excluded by endorsement to this Coverage Part.

2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED’S INSURANCE A. The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph:

If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and noncontributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured.

B. With respect to persons or organizations that qualify as additional insureds pursuant to paragraph 1.K. of this endorsement, the following sentence is added to the paragraph above:

Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization.

3. BODILY INJURY – EXPANDED DEFINITION
Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following:

Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease.

4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE
Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit Condition is amended to add the following provisions:

A. BROAD KNOWLEDGE OF OCCURRENCE
CNA74872XX (1-15) Policy No: 7018210531

Page 5 of 14 ends

The Continental Insurance Co. Effective Date: 02/02/2024 Insured Name: HADRONEX, INC.

Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 20020003170182105316488
EXHIBIT 1

CNA PARAMOUNT
Technology General Liability Extension Endorsement
The Named Insured must give the Insurer or the Insurer’s authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice.

B. NOTICE OF OCCURRENCE
The Named Insured’s rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured’s reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim.

5. BROAD NAMED INSURED
WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following:

3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control:
a. on the effective date of this Coverage Part; or
b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance.

But this BROAD NAMED INSURED provision does not apply to:
(a) any partnership or joint venture; or
(b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part.

For the purpose of this provision, and of this endorsement’s JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES provision, management control means:

A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation, or the members of the management board of a limited liability company; or
B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust.

4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to:
a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor
b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases.

5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba) as any Named Insured should choose to employ.

CNA74872XX (1-15) Policy No: 7018210531

Page 6 of 14 ends

The Continental Insurance Co. 02/02/2024 Effective Date:

Insured Name: HADRONEX, INC.

EXHIBIT 1

CNA PARAMOUNT
Technology General Liability Extension Endorsement

6. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES
The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses’ acts, errors or omissions in the conduct of the Named Insured’s business.

7. EXPECTED OR INTENDED INJURY – EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A – Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following:

This insurance does not apply to:

Expected or Intended Injury
Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property.

8. IN REM ACTIONS
A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured.

9. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE
Solely with respect to bodily injury that arises out of a health care incident:

A. Under COVERAGES, Coverage A – Bodily Injury And Property Damage Liability, the Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following:
b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured’s primary business purpose, and only if:
(1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and
B. Under COVERAGES, Coverage A – Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to:
i. add the following to the Employers Liability exclusion:

This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits).
ii. delete the exclusion entitled Contractual Liability and replace it with the following:

This insurance does not apply to:

CNA74872XX (1-15) Policy No: 7018210531

Page 7 of 14 ends

The Continental Insurance Co. Effective Date: 02/02/2024 Insured Name: HADRONEX, INC.

Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 20020003170182105316489
EXHIBIT 1

CNA PARAMOUNT
Technology General Liability Extension Endorsement
Contractual Liability
the Insured’s actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees.
iii. add the following additional exclusions.

This insurance does not apply to:

Discrimination
any actual or alleged discrimination, humiliation or harassment, that includes but shall not be limited to claims based on an individual’s race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation.

Dishonesty or Crime
Any actual or alleged dishonest, criminal or malicious act, error or omission.

Medicare/Medicaid Fraud
any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program.

Services Excluded by Endorsement
Any health care incident for which coverage is excluded by endorsement.

C. DEFINITIONS is amended to:
i. add the following definitions:

Health care incident means an act, error or omission by the Named Insured’s employees or volunteer workers in the rendering of:
a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received.

Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required:
a. Physician;
b. Nurse;
c. Nurse practitioner;
d. Emergency medical technician;
e. Paramedic;
f. Dentist;
g. Physical therapist;
h. Psychologist;
i. Speech therapist;
j. Other allied health professional; or
Professional health care services does not include any services rendered in connection with human clinical trials or product testing.

CNA74872XX (1-15) Policy No: 7018210531

Page 8 of 14 ends

The Continental Insurance Co. Effective Date: 02/02/2024 Insured Name: HADRONEX, INC.

EXHIBIT 1

CNA PARAMOUNT
Technology General Liability Extension Endorsement
ii. delete the definition of occurrence and replace it with the following:

Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence;
iii. amend the definition of Insured to:
a. add the following:
• the Named Insured’s employees are Insureds with respect to:
(1) bodily injury to a co-employee while in the course of the co-employee’s employment by the Named Insured or while performing duties related to the conduct of the Named Insured’s business; and
(2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured’s business;
when such bodily injury arises out of a health care incident. • the Named Insured’s volunteer workers are Insureds with respect to:
(1) bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named Insured’s business; and
(2) bodily injury to an employee while in the course of the employee’s employment by the Named Insured or while performing duties related to the conduct of the Named Insured’s business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. c. add the following:

Insured does not include any physician while acting in his or her capacity as such.

D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following:

Other Insurance
b. Excess Insurance
(1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage.

10. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following:

No person or organization is an Insured with respect to:
• the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations; nor
• the conduct of a current or past limited liability company in which a Named Insured’s interest does/did not rise to the level of management control;
except that if the Named Insured was a joint venturer, partner, or member of such a limited liability company, and such joint venture, partnership or limited liability company terminated prior to or during the policy period, then such CNA74872XX (1-15) Policy No: 7018210531

Page 9 of 14 ends

The Continental Insurance Co. Effective Date: 02/02/2024 Insured Name: HADRONEX, INC.

Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 20020003170182105316490
EXHIBIT 1

CNA PARAMOUNT
Technology General Liability Extension Endorsement
Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that:
a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense, first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company.

11. LEGAL LIABILITY – DAMAGE TO PREMISES
A. Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the first paragraph immediately following subparagraph (6) of the Damage to Property exclusion and replace it with the following:

Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire, lightning, explosion, smoke or leakage from automatic fire protective systems) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE.

B. Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following:

Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protective systems to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days.

A separate limit of insurance applies to this coverage as described in the LIMITS OF INSURANCE Section.

C. LIMITS OF INSURANCE is amended to delete Paragraph 6. (the Damage To Premises Rented To You Limit) and replace it with the following:

6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under COVERAGE A for damages because of property damage to:
a. any one premises while rented to a Named Insured or temporarily occupied by a Named Insured with the permission of the owner; and
b. contents of such premises if the premises is rented to the Named Insured for a period of 7 or fewer consecutive days.

The Damage To Premises Rented To You Limit is $500,000. unless a higher Damage to Premises Rented to You Limit is shown in the Declarations.

D. The Other Insurance Condition is amended to delete Paragraph b.(1)(a)(ii), and replace it with the following:
(ii) That is property insurance for premises rented to a Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured’s care, custody or control;
E. This Provision 11. does not apply if liability for damage to premises rented to a Named Insured is excluded by another endorsement attached to this Coverage Part.

CNA74872XX (1-15) Policy No: 7018210531

Page 10 of 14 ends

The Continental Insurance Co. 02/02/2024 Effective Date:

Insured Name: HADRONEX, INC.

EXHIBIT 1

CNA PARAMOUNT
Technology General Liability Extension Endorsement

12. MEDICAL PAYMENTS
A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following:

7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C – Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of:
(1) $15,000 unless a different amount is shown here: ; or (2) the amount shown in the Declarations for Medical Expense Limit.

B. Under COVERAGES, the Insuring Agreement of Coverage C – Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following:
(b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and

13. NON-OWNED AIRCRAFT
Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows:

The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following:

This exclusion does not apply to an aircraft not owned by any Named Insured, provided that:

1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot;

2. the aircraft is rented with a trained, paid crew to the Named Insured; and

3. the aircraft is not being used to carry persons or property for a charge.

14. NON-OWNED WATERCRAFT
Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following.

This exclusion does not apply to:
(2) a watercraft that is not owned by any Named Insured, provided the watercraft is:
(a) less than 75 feet long; and
(b) not being used to carry persons or property for a charge.

15. PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort:
• Discrimination or humiliation that results in injury to the feelings or reputation of a natural person.

B. Under COVERAGES, Coverage B – Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to:

1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following:

This insurance does not apply to:

CNA74872XX (1-15) Policy No: 7018210531

Page 11 of 14 ends

The Continental Insurance Co. Effective Date: 02/02/2024 Insured Name: HADRONEX, INC.

Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 20020003170182105316491
EXHIBIT 1

CNA PARAMOUNT
Technology General Liability Extension Endorsement
Knowing Violation of Rights of Another
Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of:
(a) the Named Insured; or
(b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured.

2. add the following exclusions:

This insurance does not apply to:

Employment Related Discrimination
Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured.

Premises Related Discrimination
discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any Insured.

Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination.

The coverage provided by this PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from • Provision 1. ADDITIONAL INSURED of this endorsement; or • attachment of an additional insured endorsement to this Coverage Part.

16. PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B –Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability and replace it with the following:

This insurance does not apply to:

Contractual Liability
Personal and advertising injury for which the Insured has assumed liability in a contract or agreement.

This exclusion does not apply to liability for damages:
(1) that the Insured would have in the absence of the contract or agreement; or (2) assumed in a contract or agreement that is an insured contract provided the offense that caused such personal or advertising injury first occurred subsequent to the execution of such insured contract. Solely for the purpose of liability assumed in an insured contract, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an Insured are deemed to be damages because of personal and advertising injury provided:
(a) liability to such party for, or for the cost of, that party's defense has also been assumed in such insured contract; and
(b) such attorney fees and litigation expenses are for defense of such party against a civil or alternative dispute resolution proceeding in which covered damages are alleged.

CNA74872XX (1-15) Policy No: 7018210531

Page 12 of 14 ends

The Continental Insurance Co. 02/02/2024 Effective Date:

Insured Name: HADRONEX, INC.

EXHIBIT 1

CNA PARAMOUNT
Technology General Liability Extension Endorsement
B. Solely for the purpose of the coverage provided by this paragraph, DEFINITIONS is amended to delete the definition of insured contract in its entirety, and replace it with the following:

Insured contract means that part of a written contract or written agreement pertaining to the Named Insured’s business under which the Named Insured assumes the tort liability of another party to pay for personal or advertising injury arising out of the offense of false arrest, detention or imprisonment. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement.

C. Solely for the purpose of the coverage provided by this paragraph, the following changes are made to the Section entitled SUPPLEMENTARY PAYMENTS – COVERAGES A AND B:

1. Paragraph 2.d. is replaced by the following:
d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee;

2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following:

So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer’s request will be paid as defense costs. Notwithstanding the provisions of Paragraph e.(2) of the Contractual Liability exclusion (as amended by this Endorsement), such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance.

D. This PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B –Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part.

17. PROPERTY DAMAGE – ELEVATORS
A. Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators.

B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE – ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph:

This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators.

18. SUPPLEMENTARY PAYMENTS
The section entitled SUPPLEMENTARY PAYMENTS – COVERAGES A AND B is amended as follows:

A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and
B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit.

19. PROPERTY DAMAGE - PATTERNS MOLDS AND DIES
Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraphs (3) and (4) of the Exclusion entitled Damage to Property, but only with respect to patterns, molds or dies that are in the care, custody or control of the Insured, and only if such patterns, molds or dies are not being used to perform operations at the time of loss. A limit of insurance of $25,000 per policy period applies to this PROPERTY DAMAGE - PATTERNS MOLDS AND DIES coverage, and this limit:

CNA74872XX (1-15) Policy No: 7018210531

Page 13 of 14 ends

The Continental Insurance Co. Effective Date: 02/02/2024 Insured Name: HADRONEX, INC.

Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 20020003170182105316492
EXHIBIT 1

CNA PARAMOUNT
Technology General Liability Extension Endorsement
A. is included within the General Aggregate Limit as described in LIMITS OF INSURANCE; and B. applies excess over any valid and collectible property insurance available to the Insured, including any deductible applicable to such insurance; the Other Insurance condition is changed accordingly.

20. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured’s Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure.

21. WAIVER OF SUBROGATION - BLANKET
Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following:

The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of:

1. the Named Insured’s ongoing operations; or

2. your work included in the products-completed operations hazard.

However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement:

1. is in effect or becomes effective during the term of this Coverage Part; and

2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim.

All other terms and conditions of the Policy remain unchanged.

CNA74872XX (1-15) Policy No: 7018210531

Page 14 of 14 ends

The Continental Insurance Co. 02/02/2024 Effective Date:

Insured Name: HADRONEX, INC.

EXHIBIT 1
Business Auto Policy
Policy Endorsement

ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY
It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows:

SCHEDULE
Name of Additional Insured Person Or Organization

ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT TO NAME AS AN ADDITIONAL INSURED.

1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy.

2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the “accident” for which the additional insured seeks coverage under this policy.

All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy.

BUA 7018210545
Endorsement No: 25; Page: 1 of 1 Policy Page: 123 of 150 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 Form No: CNA71527XX (10-2012)
Endorsement Effective Date:

Policy No:

EXHIBIT 1
Business Auto Policy
Policy Endorsement

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

Named Insured: HADRONEX, INC.

Endorsement Effective Date: 02/02/2024

SCHEDULE
Name(s) Of Person(s) Or Organization(s):

ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization.

BUA 7018210545
Endorsement No: 8; Page: 1 of 1 Policy Page: 73 of 150
Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 Form No: CA 04 44 10 13
Endorsement Effective Date:

Policy No:

Endorsement Expiration Date: Policy Effective Date: 02/02/2024 © Copyright Insurance Services Office, Inc., 2011
EXHIBIT 1
Business Auto Policy
Policy Conditions

COMMON POLICY CONDITIONS
A.

1. 2.
a.
b.

3. 4.

5. 6.

1. a.
b.
c.

2. a.
b.

3. All Coverage Parts included in this policy are subject to the following conditions.

Cancellation
The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation.

We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least:
10 days before the effective date of cancellation if we cancel for nonpayment of premium; or 30 days before the effective date of cancellation if we cancel for any other reason.

We will mail or deliver our notice to the first Named Insured's last mailing address known to us.

Notice of cancellation will state the effective date of cancellation. The policy period will end on that date.

If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund.

If notice is mailed, proof of mailing will be sufficient proof of notice.

Changes
This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy.

Examination Of Your Books And Records
We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward.

Inspections And Surveys
We have the right to:

Make inspections and surveys at any time;
Give you reports on the conditions we find; and
Recommend changes.

We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions:

Are safe or healthful; or
Comply with laws, regulations, codes or standards.

Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations.

Policy No:

Underwriting Company:

BUA 7018210545
Policy Conditions ; Page: 1 of 2
Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 41 of 150 Policy Effective Date: 02/02/2024
Form No: IL 00 17 11 98
© Copyright CNA All Rights Reserved.

EXHIBIT 1
Business Auto Policy
Policy Conditions

4. E.

1. 2.

Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recommendations we may make relative to certification, under state or municipal statutes, ordinances or regulations, of boilers, pressure vessels or elevators.

Premiums
The first Named Insured shown in the Declarations:

Is responsible for the payment of all premiums; and
Will be the payee for any return premiums we pay.

Transfer Of Your Rights And Duties Under This Policy
Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured.

If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property.

Policy No:

Underwriting Company:

BUA 7018210545
Policy Conditions ; Page: 2 of 2
Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 42 of 150 Policy Effective Date: 02/02/2024
Form No: IL 00 17 11 98
© Copyright CNA All Rights Reserved.

EXHIBIT 1
EXHIBIT 1
CNA Paramount Excess and Umbrella Liability
Policy

PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY
I.

1. 2.
a.
b.

Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights, duties and what is and is not covered.

The “Insurer” refers to the insurer providing this insurance as set forth on the Declarations of this Policy. Words and phrases that appear in bold have special meaning. Refer to the section entitled DEFINITIONS.

COVERAGES
Coverage A - Excess Follow Form Liability
The Insurer will pay on behalf of the Insured those damages in excess of the applicable underlying limits. Coverage hereunder will attach only after the full amount of the applicable underlying limits have been exhausted through payment in legal currency of covered loss under all applicable underlying insurance and to which this Coverage A applies.

Coverage A under this Policy will then apply in conformance with the provisions of the applicable underlying insurance except for the premium, limits of insurance, deductible, retentions, or any defense obligations and any other terms and conditions specifically set forth in this Policy.

Upon exhaustion of the applicable underlying limits, the Insurer shall only pay for damages in excess of the applicable underlying limits. This Coverage A does not provide coverage for any loss not covered by the applicable underlying insurance except and to the extent that such loss is not paid under the applicable underlying insurance solely by reason of the exhaustion of the applicable underlying limits through payment of loss thereunder.

This Coverage applies:
if the applicable underlying insurance is on an occurrence basis, then only if that which must take place in the policy period of the underlying insurance in order to trigger coverage, takes place during this policy period; and
if the applicable underlying insurance is on a claims made basis, then only if:
that which must take place in the underlying insurance in order to trigger coverage, takes place after the retroactive date and prior to the end of the policy period; and the claim is first made during the policy period.

Coverage B - Umbrella Liability
The Insurer will pay on behalf of the Insured those damages in excess of the retained amount:
that an Insured becomes legally obligated to pay because of bodily injury, property damage or personal and advertising injury; or
because of liability for bodily injury or property damage assumed under an insured contract, provided the bodily injury or property damage occurs subsequent to the execution of such insured contract;
and provided that:
the bodily injury or property damage occurs during the policy period; the bodily injury or property damage is caused by an occurrence that takes place in the coverage territory;
Form No: Policy No:

Policy Effective Date:

Underwriting Company:

CUE 7018210528
Policy Page: 1 of 32
The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 CNA75504XX (03-2015)
02/02/2024
Policy Page: 19 of 60
© Copyright CNA All Rights Reserved.

EXHIBIT 1
CNA Paramount Excess and Umbrella Liability
Policy Declarations
Schedule of Underlying Insurance
Underlying Insurer
Policy Number
Policy Period
Note: Underlying Insurance Coverages Limits of Insurance Continental Insurance
Company
7018210531
02/02/2024 to
02/02/2025

General Liability Each Occurrence Limit
Policy Aggregate Limit
General Aggregate Limit
Per Location : yes
Per Project : yes
Products/ Completed Operations
Aggregate Limit
Personal and Advertising Injury
Liability Limit
$1,000,000
$25,000,000
$2,000,000
$2,000,000
$1,000,000
Continental Insurance
Company
7018210531
02/02/2024 to
02/02/2025
Retroactive Date
02/02/2017
Employee Benefits
Liability
Each Employee Limit
Aggregate Limit
$1,000,000
$1,000,000
Continental Casualty
Company
7018210545
02/02/2024 to
02/02/2025
Auto Liability Combined Single Limit $1,000,000
Form No: Policy No:

Policy Effective Date:

Underwriting Company:

CUE 7018210528
Policy Declarations Page: 2 of 3
The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 CNA75501XX (03-2015)
02/02/2024
Policy Page: 15 of 60
© Copyright CNA All Rights Reserved.

THE HARTFORD
72 WEC AH9LDU
10/01/2023 to
10/01/2024
Employers Liability Bodily Injury by Accident- Each
Accident Limit
Bodily Injury by Disease - Policy
Limit
Bodily Injury by Disease - Each
Employee Limit
$1,000,000
$1,000,000
$1,000,000
Form No: Policy No:

Policy Effective Date:

Underwriting Company:

CUE 7018210528
Policy Declarations Page: 3 of 3
The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 CNA75501XX (03-2015)
02/02/2024
Policy Page: 16 of 60
© Copyright CNA All Rights Reserved.

EXHIBIT 1
(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZD͖DŽĚϬϯ͘Ϯϳ͘ϮϰZDͿ

EXHIBIT C

GENERAL TERMS AND CONDITIONS

3. Compensation. City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.

5. Ownership of Work. All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree 1 EXHIBIT 1
(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZD͖DŽĚϬϯ͘Ϯϳ͘ϮϰZDͿ
to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense.

8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.

9. Contractor’s Status.

9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's 2 EXHIBIT 1
(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZD͖DŽĚϬϯ͘Ϯϳ͘ϮϰZDͿ
control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.

10. Subcontractor.

10.3 It is further understood and agreed that DOO6XEFontractorV must issue W-2 IRUPVRURWKHUIRUPVDVUHTXLUHGE\ODZIRULQFRPHDQGHPSOR\PHQWWD[SXUSRVHVIRUDOO RI6XEFRQWUDFWRUVSHUVRQQHO

11. Termination.

19. Confidentiality. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.

27. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor’s business.

29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.

30. Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

31. Entire Agreement, Integration, and Modification.

31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.

EXHIBIT D

GOODS AND SERVICES TERMS AND CONDITIONS

1. Definitions. The following words and phrases have the following meanings for purposes of this Agreement:

3. Time for Performance.

3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.

4. Standard of Performance
In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:

5. Compensation

5.1 In addition to Section 3 Compensation in Exhibit C – GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:

5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to EXHIBIT 1
3 (Rev. 4.18.22)
exceed basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.

5.1.2 Contractor shall be compensated for online access to the monitoring website on an annual basis within the first month of the online access term in accordance with Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.

9. Warranty
EXHIBIT 1
4 (Rev. 4.18.22)
Contractor warrants that (i) any Deliverable created or performed by Contractor for City under this Agreement will conform to specifications, drawings or samples furnished by City to Contractor for a minimum period of one year, and (ii) any standard Deliverable sold by Contractor to other customers besides City will meet or exceed any of the standards for such types of product in industry, any express or implied warranty stated or advertised by Contractor or the actual manufacturer of such Deliverable, or any warranties implied by law. Contractor’s warranty shall survive delivery of Deliverable and shall not be deemed waived by City’s failure to discover defects, acceptance of the Deliverable, or payment, therefore.

CONTRACTOR REGISTRATION REQUIREMENTS- Pursuant to Labor Code Section 1771.1(a): A Contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or EXHIBIT 1
5 (Rev. 4.18.22)
engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of this section for an unregistered Contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the Contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

City reserves the right to refuse, at Contractor’s expense, any shipments not containing the Agreement number or stock numbers as required under this section.

14. Deliveries
TIME IS OF THE ESSENCE IN THE PERFORMANCE OF ANY ORDER. If Deliverable is not provided or performed within the times specified in the Agreement, City may cancel the Agreement and hold Contractor liable for damages incurred due to the EXHIBIT 1
6 (Rev. 4.18.22)
untimely delivery including, but not limited to, the additional costs resultant from City procuring substitute Deliverables elsewhere.

15. Price and Quantities
Prices and quantities set forth in this Agreement may not be altered by Contractor without the prior written authorization of City, with the exception that quantities of custom paper or printed Deliverables, chemicals, or fuel may deviate from those in the Agreement by the lesser of standard industry practices.

15.1 The City may consider price increases for goods listed in Exhibit E on an annual basis not to exceed three (3) percent annually unless otherwise specified by a written amendment.

15.2 The City may opt to request quotes and purchase goods offered by the Contractor which allows the City meet the scope of work listed in Exhibit A.

EXHIBIT 1
1 (Rev. 10.30.18)

EXHIBIT E

COMPENSATION SCHEDULE
The Contractor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:

1. Project Price

1.1 The maximum the Contractor shall be paid on this Agreement is $_269,783.60_ (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.

1.2 Standard Reimbursable Items: Only the reimbursable items identified in Exhibit A, C, and D (Compensation), shall be compensated to the Contractor.

Reimbursement shall be made at actual costs with no markup added to the actual cost.

Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.

EXHIBIT 1
2 (Rev. 10.30.18)

2. Task Price. Below is the price for the services and reimbursable expenses as described in Exhibit A of this Agreement. Fiscal Years (FY) shall be considered inline with the City’s fiscal year (Ex: FY25 = July 1, 2025 to June 30, 2026).

Task Description Task Price
1 FY25 Purchase 10 monitoring units (tax
and freight)
$ 52,019.60
2 FY25 Warranty (parts and powerpacks) $ 29,110.00
3 FY25 Monitoring Service $ 25,098.00
4 FY25 SNAP Analysis $ 8,000.00
5 FY26 Monitoring Service $ 26,816.00
6 FY26 Warranty (parts and powerpacks) $ 36,515.00
7 FY26 Parts (Optional. With tax and freight) $ 10,703.00 8 FY27 Monitoring Service $ 28,645.00
9 FY27 Warranty (parts and powerpacks) $ 41,855.00
10 FY27 Parts (Optional. With tax and freight) $ 11,022.00 TOTAL PRICE $ 269,783.60

3. Hourly Rates. The following is a list of hourly billable rates that Contractor shall apply for additional services requested of the Contractor. Contractor shall be compensated based on the hourly rates set forth below, on a time and material basis for those services that are within the general scope of services of this Agreement, but beyond the description of services required under Exhibit A, and all services are reasonably necessary to complete the standards of performance required by this Agreement. Any changes and related fees shall be mutually agreed upon between the parties by a written amendment to this Agreement.

Hourly Billable Rate Schedule
Title Role on Project
Hourly
Billable
Rates
N/A N/A $

4. Additional Fees. Should an amendment to the Agreement be issued for additional services that require the following items, the unit prices are as follows:

Title Unit Price
N/A $
EXHIBIT 1
3 (Rev. 10.30.18)

City of Stockton Municipal Utilities Department
Attention: Collections
2500 Navy Drive
Stockton, CA 95206
EXHIBIT 1
1 (Rev, 10.27.22)

EXHIBIT F

TIMELINE

1. Contractor shall complete the requested services identified in Exhibit A as follows:

1.1 TIMELINE FOR COMPLETION OF WORK

1.1.1 Provide continued access to proprietary web-based monitoring service. (Within 3 days of contract execution.)

1.1.2 Submission of completed draft of SNAP analysis
(May 31, 2025)
EXHIBIT 1
City of Stockton
Legislation Text
File #: 24-0677, Version: 1

ADOPT A RESOLUTION TO AUTHORIZE A CONTRACT WITH CHEM-WEED, LLC FOR

WASTEWATER TREATMENT POND WEED MAINTENANCE SERVICES

RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Approve the Specifications and Addenda for Pond Weed Maintenance Services (PUR 24-031).

2. Authorize the City Manager to execute a five-year contract for Pond Weed Maintenance Services with Chem-Weed, LLC for the not-to-exceed amount of $1,059,884.81 (Exhibit 2 to the Resolution).

It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.

Summary
The Municipal Utilities Department (MUD) Regional Wastewater Control Facility (RWCF) operates over 600-acres of ponds and wetlands as part of the treatment process. The nutrient-rich water in the ponds promotes vegetative growth that requires management by chemical and mechanical means to ensure the treatment ponds continue to operate as designed. The scale and scope of work to control vegetative growth requires the assistance of a properly licensed contractor. This action will provide the necessary regular maintenance services, including two chemical weed spray/control applications each year in conjunction with mechanical removal when necessary.

Staff recommends awarding a five-year contract for chemical and mechanical wastewater treatment pond weed maintenance services to Chem-Weed, LLC for the not-to-exceed amount of $1,059,884.81.

DISCUSSION
Background
The RWCF operates over 600-acres of ponds and wetlands to treat wastewater as part of the tertiary treatment process. The nutrient-rich wastewater provides an environment for robust vegetation growth in the ponds. To ensure the ponds continue to function as intended in the wastewater treatment train, it is best to use a combination of chemical treatment and mechanical removal to control vegetation growth. The use of chemicals to control growth requires special licensing by San Joaquin County. To properly manage the growth in and around the ponds, it is necessary to obtain the services of a licensed contractor to provide annual pond weed spraying and removal.

City of Stockton Page 1 of 2 Printed on 8/16/2024
powered by Legistar™
File #: 24-0677, Version: 1
Present Situation
This project was initially bid (PUR 24-018) on December 13, 2023, and bids were opened on January 18, 2024. However, no respondents submitted the addendum, and consequently, all bids were considered non-responsive.

On March 15, 2024, the MUD readvertised an Invitation to Bid for the Pond Weed Maintenance (PUR 24-031) in the Stockton Record and on the City's Bid Flash webpage. The MUD used a conventional bid process including specifications for pond weed spraying to control growth and mechanical removal, as necessary.

The scope of work included the necessary levels of maintenance identified in twelve distinct areas, consisting of two chemical applications a year supplemented by mechanical removal when necessary. The bidders were required to provide a cost for services based on the type of work performed to establish a quantitative method for calculating fees for additional services. All responsive bidders are required to hold either a valid C-27 specialty license (Landscaping Contractor) or a private applicator’s license with an active restricted material permit from San Joaquin County.

An optional pre-bid conference was held on March 21, 2024, with five prospective bidders attending.

On Thursday, April 11, 2024, two (2) sealed bids were received by the City Clerk from the following companies:

Company Location Bid Amount
Chem-Weed, LLC Thornton, CA $1,059,884.81
Westside Landscape & Concrete, Inc. Newman, CA $869,504.98 The amounts shown on the bid schedule reflect the total five-year cost for providing chemical and mechanical landscape maintenance services. The apparent low bid by Westside Landscape and Concrete, Inc. was determined to be non-responsive because the company’s private applicator license was not the correct type for the work involved. A letter requesting license clarification was sent to the company and no response was received. The remaining bid from Chem-Weed, LLC was determined to be responsive as specified in the bid documents.

Staff recommends awarding the contract to Chem-Weed, LLC of Thornton, California, as the lowest responsive bidder. The bid is regular in all respects, meets the City’s requirements, and includes the proper licensing.

FINANCIAL SUMMARY
There is sufficient budget in the Wastewater Treatment Plant Special Services account in Fiscal Year 2024-2025. Future funds will be budgeted in the same account in subsequent fiscal years and will be presented to the City Council for approval through the annual budgeting process.

This action has no impact on the General Fund or any other unrestricted funds.

City of Stockton Page 2 of 2 Printed on 8/16/2024
powered by Legistar™
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING A CONTRACT WITH CHEM-WEED, LLC FOR

WASTEWATER TREATMENT POND WEED MAINTENANCE SERVICES
The Regional Wastewater Control Facility includes over 600-acres of ponds and wetlands as part of the treatment process; and
The nutrient-rich water in the ponds promotes vegetative growth that requires both chemical and mechanical management; and
Special licensing is required for control by chemical application making it necessary to obtain the services of a specially licensed contractor; and On March 15, 2024, an Invitation for Bid for Pond Weed Maintenance Services for the Stockton Regional Wastewater Control Facility (PUR 24-031) was advertised in The Record and the City’s Bid Flash; and
On April 11, 2024, sealed bids were received by the City Clerk’s office; and Chem-Weed, LLC of Thornton, California, holds the appropriate licenses and submitted a bid that was regular in all aspects with a five-year not-to-exceed amount of $1,059,884.81; now, therefore,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

1. The Plans and Specifications for the Invitation for Bids for Pond Weed Maintenance Services for the Regional Wastewater Control Facility (PUR 24-031) are hereby approved and attached as Exhibit 1 and incorporated by this reference.

2. The City Manager is authorized to execute a five-year contract with ChemWeed LLC of Thornton, California, to provide pond weed maintenance services at the Regional Wastewater Control Facility for a total not-to-exceed cost of $1,059,884.81, a copy of which is attached as Exhibit 2 and incorporated by this reference. //
//
//
//
//
//
//
//
//
//

3. The City Manager or designee is hereby authorized to take appropriate and necessary actions to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED August 20, 2024 .

KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton

INVITATION FOR SEALED BIDS

POND WEED MAINTENANCE

FOR THE CITY OF STOCKTON, CALIFORNIA
(PUR 24-031)

BIDS WILL BE RECEIVED UNTIL THE HOUR OF
2:00 O’CLOCK P.M., April 11, 2024,

IN THE OFFICE OF THE CITY CLERK,
FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET,
STOCKTON, CALIFORNIA 95202-1997
EXHIBIT 1
Contents
BIDDER'S CHECKLIST.................................................................................................... 2

1.0 GENERAL INFORMATION............................................................................. 3

1.1 REQUEST FOR SEALED BID ........................................................................ 3

1.2 INVITATION TO SUBMIT A BID..................................................................... 3

1.3 LOCAL BUSINESS PREFERENCE................................................................ 3

1.4 LOCAL EMPLOYMENT—PUBLIC WORKS CONTRACTORS...................... 3

1.5 CONSEQUENCE OF SUBMISSION OF BID.................................................. 4

1.6 EXAMINATION OF BID MATERIALS............................................................. 4

1.7 ADDENDA AND INTERPRETATION.............................................................. 4

1.8 DISQUALIFICATION....................................................................................... 5

1.9 BID REJECTED .............................................................................................. 5

1.10 CONDITIONS TO BE ACCEPTED IF ANY WORK IS SUBCONTRACTED... 5

1.11 LICENSING REQUIREMENTS ....................................................................... 6

1.12 INSURANCE REQUIREMENTS...................................................................... 6

1.13 HOLD HARMLESS ......................................................................................... 7

1.14 APPLICABLE LAW......................................................................................... 7

1.15 METHOD OF PAYMENT................................................................................. 7

1.16 NOTICE TO OUT-OF-STATE VENDOR ......................................................... 8

1.17 TERM............................................................................................................... 8

1.18 COMPETITIVE PRICING................................................................................. 8

1.19 FUNDING ........................................................................................................ 9

1.20 UNCONDITIONAL TERMINATION FOR CONVENIENCE ............................. 9

1.21 AUDITING OF CHARGES & SERVICES........................................................ 9

1.22 BID SECURITY ............................................................................................... 9

1.23 CONTRACT BONDS....................................................................................... 9

1.24 AWARD.........................................................................................................10

1.25 CHANGES.....................................................................................................10

1.26 OTHER GOVERNMENTAL AGENCIES .......................................................10

1.27 LIQUIDATED DAMAGES ............................................................................. 11

1.28 PRODUCT OWNERSHIP.............................................................................. 11

1.29 CONFIDENTIALITY.......................................................................................11 EXHIBIT 1

1.30 JOB WALK....................................................................................................11

1.31 PREVAILING WAGES & CONTRACTOR/SUBCONTRACTOR
REGISTRATION & REGISTRATION REQUIREMENTS ..............................11

1.32 CONTRACTOR’S SAFETY RESPONSIBILITY............................................12

1.33 PROTEST POLICY .......................................................................................12

2.0 BACKGROUND/GENERAL NATURE OF SERVICE ...................................14

2.1 SCOPE OF SERVICES.................................................................................14

2.2 CITY RESPONSIBILITIES ............................................................................20 BID DOCUMENTS..........................................................................................................21 FORM OF BID.................................................................................................................22 BIDDER’S AGREEMENT ............................................................................................. 27 NON-COLLUSION ........................................................................................................ 28 EXHIBIT A – INSURANCE REQUIREMENTS.............................................................. 30 EXHIBIT B – SAMPLE CONTRACT............................................................................... 34 EXHIBIT 1

NOTICE INVITING SEALED BIDS
NOTICE IS HEREBY GIVEN that sealed bids are invited by the City of Stockton, California for specifications for POND WEED MAINTENANCE (PUR 24-031) in strict accordance with the specifications.

The Stockton Municipal Utilities Department (MUD) manages, operates, and maintains the Stockton Regional Wastewater Control Facility (RWCF). The RWCF utilizes several ponds and wetlands to treat and store recycled wastewater adjacent to its Tertiary Plant (T-Plant). The City desires to procure the services of a licensed contractor to provide annual pond weed spraying and removal. The bidder or subcontractors must hold a valid Class C-27 license and/or a private applicator’s license with an active restricted materials permit with the County. In general, regular maintenance will include, but not be limited to, two chemical weed spray/control applications each year in conjunction with mechanical removal when necessary. The Contractor shall provide a level of maintenance that will present the facilities in a neat and trim appearance at all times.

Contractor is expected to provide the highest level of quality in maintenance compatible with standard horticultural practices and modern techniques accepted by the industry.

The bid specifications and forms can be obtained from the City of Stockton’s website at www.stocktonca.gov/mudbid and must be delivered to the Office of the City Clerk, City Hall, 425 North El Dorado Street, Stockton, California, up to but not later than 2:00 p.m., on Thursday, April 11, 2024.

An optional pre-bid job walk will be held on MARCH 21, 2024 at 9:00 a.m. promptly at 2500 Navy Drive. Interested bidders arriving at 9:01 a.m. or later will not be admitted.

The City reserves the right to reject any and/or all bids received.

Information on Bid Process/Clarification/Technical Data Andrielyn Gladney, Procurement Division
(209) 937-8357
e-mail: [email protected]
DISCLAIMER: The City does not assume any liability or responsibility for errors/omissions in any document transmitted electronically.

Dated: March 15, 2024

ELIZA GARZA, CMC

CITY CLERK OF THE CITY OF STOCKTON
1 EXHIBIT 1

BIDDER'S CHECKLIST
Did You:
* Complete the following bid documents (FROM THIS PACKET ONLY SUBMIT PAGES 21 to 32, along with any illustrations/brochures):
* Sign and notarize by jurat certificate the "Non-Collusion Affidavit" form. An "AllPurpose Acknowledgment" form will not be sufficient. * Complete and sign the "Bid to be Submitted" form.
* Sign the "Bidder’s Agreement" form. Include (with bid) name and e-mail address for City contact, if different from signatoree
* Recheck your math on each item extension and total column. Do not superimpose numerals on your bid forms. If erasures or interlineations appear on your bid form, they must be initialed by the person preparing the bid. * Include your $0.00 bidder's security, bidder's bond, certified or cashier's check.

NOTE: As information, the City will NOT accept company or personal checks for bid security.
* Include self-addressed, unstamped envelope (#10, 4- 1/8 x 9- 1/2) with bidder’s security. Please DO NOT seal your security, bidder’s bond, certified or cashier’s check in this envelope. It is for returning the security to the bidder AFTER project award.
* Submit one (1) ORIGINAL of all bid documents. Additionally, submit one (1) flash drive with an electronic version of the bid documents.
* Review all clarifications/questions/answers on the City’s website at www.stocktonca.gov/mudbid
* Deliver sealed bid to City Hall, City Clerk's Office (1st floor), 425 North El Dorado Street, Stockton, CA 95202, before April 11, 2024, at 2:00 p.m. Sealed bid shall be marked "Bid" and indicate project name, number, and bid opening date.

Please note that some overnight delivery services do not deliver directly to the City Clerk's Office. This could result in the bid arriving in the City Clerk's Office after the bid opening deadline and therefore not being accepted. NOTE: The Stockton City Clerk’s office is closed from 12 noon to 1 p.m. for lunch.

A) POND WEED MAINTENANCE
B) (PUR 24-031)
C) April 11, 2024
CONTACT INFORMATION:

Information on Bid Process/Clarification/Technical Data Andrielyn Gladney, Procurement Specialist
(209) 937-8357
e-mail: [email protected]
*If not completed as required, your bid may be voided.
*DISCLAIMER: The City does not assume any liability or responsibility for errors/omissions in any document transmitted electronically.
*THIS FORM IS FOR YOUR INFORMATION ONLY AND DOES NOT NEED TO BE SUBMITTED WITH YOUR BID.
2 EXHIBIT 1

1.0 GENERAL INFORMATION

1.1 REQUEST FOR SEALED BID
The purpose of this sealed bid is to request bidders to present their qualifications and capabilities to provide POND WEED MAINTENANCE PUR 24-031 for the City of Stockton.

1.2 INVITATION TO SUBMIT A BID
Bids shall be submitted no later than 2:00 p.m., on Thursday, April 11, 2024

CITY CLERK

CITY OF STOCKTON
425 NORTH EL DORADO STREET
STOCKTON, CA 95202-1997
The bid should be firmly sealed in an envelope which shall be clearly marked on the outside, "POND WEED MAINTENANCE for the City of Stockton (PUR 24- 031)." Additionally, submit one (1) flash drive with an electronic version of the bid documents. Any bid received after the due date and time indicated will not be accepted and will be deemed rejected and returned, unopened, to the bidder.

1.3 LOCAL BUSINESS PREFERENCE
Stockton Municipal Code Section 3.68.090 reads as follows:

Preference shall be given to the purchase of supplies, materials, equipment, and contractual services from local merchants, quality and price being equal. Local merchants who have a physical business location within the boundaries of San Joaquin County, and who have applied for and paid a business license tax and registration fee pursuant to Stockton Municipal Code Title 5, Chapter 5.08, License Taxes, shall be granted two (2) percent bid preference. Local merchants who have a physical business location within the boundaries of the City of Stockton, and who have applied for and paid a business license tax and registration fee pursuant to Stockton Municipal Code Title 5, Chapter 5.08, License Taxes, shall be granted five (5) percent bid preference. This section is intended to provide preference in the award of certain City contracts in order to encourage businesses to move into and expand within the City. (Ord. 2014-03- 18-1601 C.S. § 1; prior code § 3-106.1)

1.4 LOCAL EMPLOYMENT—PUBLIC WORKS CONTRACTORS
Bidders must comply with City of Stockton Municipal Code (SMC) Section

3.68.095, Ordinance No. 011-09 adopted Sept. 1, 2009, effective Oct. 1, 2009.

EXHIBIT 1

1.5 CONSEQUENCE OF SUBMISSION OF BID
A. The City shall not be obligated to respond to any bid submitted nor be legally bound in any manner by the submission of a bid.

B. Acceptance by the City of a bid obligates the bidder to enter into a contract with the City.

C. A contract shall not be binding or valid against the City unless or until it is executed by the City and the bidder.

D. Statistical information contained in these documents is for informational purposes only. The City shall not be responsible for the accuracy of said data. City reserves the right to increase or decrease the project scope.

1.6 EXAMINATION OF BID MATERIALS
The submission of a bid shall be deemed a representation and warranty by the bidder that it has investigated all aspects of the bid, that it is aware of the applicable facts pertaining to the bid process and its procedures and requirements, and that it has read and understands the bid. No request for modification of the provisions of the bid shall be considered after its submission on the grounds the bidder was not fully informed as to any fact or condition. Statistical information which may be contained in the bid or any addendum thereto is for informational purposes only.

The City disclaims any responsibility for this information which may subsequently be determined to be incomplete or inaccurate.

1.7 ADDENDA AND INTERPRETATION
The City will not be responsible for, nor be bound by, any oral instructions, interpretations, or explanations issued by the City or its representatives. Any request for clarifications/questions/answers of a bid shall be made in writing/e-mail and deliverable to:

CITY OF STOCKTON
ATTN: ANDRIELYN GLADNEY, PROCUREMENT SPECIALIST

PROCUREMENT DIVISION
425 NORTH EL DORADO STREET
STOCKTON, CA 95202-1997
[email protected]
Such request for clarification shall be delivered to the City by March 28, 2024. Any City response to a request for clarifications/questions/answers will be posted on the City’s website at www.stocktonca.gov/mudbid by April 4, 2024, and will become a part of the bid. The bidder should await responses to inquires prior to submitting a bid.

EXHIBIT 1

1.8 DISQUALIFICATION
Any of the following may be considered cause to disqualify a bidder without further consideration:

A. Evidence of collusion among bidders;
B. Any attempt to improperly influence any member of the evaluation panel; C. Any attempt to communicate in any manner with a City of Stockton elected official during the bid process will, and shall be, just cause for disqualification/rejection of bidder’s bid submittal and considered nonresponsive.

D. A bidder's default in any operation of a contract which resulted in termination of that contract; and/or
E. Existence of any lawsuit, unresolved contractual claim, or dispute between bidder and the City.

F. No person, firm, or corporation shall be allowed to make or file or be interested in more than one bid for the same supplies, services, or both; provided, however, that subcontract bids to the principal bidders are excluded from the requirements of this section: Section 3.68.120 of the Municipal Code.

1.9 BID REJECTED
A bid shall be prepared and submitted in accordance with the provisions of these bid instructions and specifications. Any alteration, omission, addition, variance, or limitation of, from, or to a bid may be sufficient grounds for rejection of the bid. The City has the right to waive any defects in a bid if the City chooses to do so. The City may not accept a bid if:

A. Any of the bid forms are left blank or are materially altered; B. Any document or item necessary for the proper evaluation of the bid is incomplete, improperly executed, indefinite, ambiguous, or missing.

1.10 CONDITIONS TO BE ACCEPTED IF ANY WORK IS SUBCONTRACTED A. The bidder assumes full responsibility, including insurance and bonding requirements, for the quality and quantity of all work performed.

EXHIBIT 1
B. If bidder's supplier(s) and/or subcontractor's involvement requires the use of a licensed, patented, or proprietary process, the vendor of the process is responsible for assuring that the subcontractor, supplier, and/or operator have been properly authorized to use the process or for providing another process which is comparable to that which is required prior to submission of a bid.

1.11 LICENSING REQUIREMENTS
Any professional certifications or licenses that may be required will be the sole cost and responsibility of the successful bidder.

Bidder and/or subcontractor must possess a valid Class C-27 Contractor’s License and/or a private applicator’s license with an active restricted materials permit with the County to perform the work specified within these documents. All appropriate licenses required for spraying of chemicals and/or pesticides shall be maintained for the duration of the contract. Bidder must possess a valid California Pest Control Operator’s license or access to a California licensed pest control operator through a valid subcontracting agreement.

The contractor shall be responsible for preparing and submitting Pest Control Adviser (PCA) registration, approved by San Joaquin County, within 14 working days of notice of award of proposal for acceptance by the City.

A City of Stockton Business license will be required for this project. Please contact the City of Stockton Business License Division at (209) 937-8313.

1.12 INSURANCE REQUIREMENTS
Bidder, at Bidder's sole cost and expense and for the full term of the resultant contract or any extension thereof, shall obtain and maintain at least all of the insurance requirements listed in attached Exhibit 1 (or Exhibit B of the sample contract).

All coverage shall be provided by a carrier authorized to transact business in California and shall be primary. All policies, endorsements, and certificates shall be subject to approval by the Risk Manager of the City to Stockton as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the Risk Manager.

Maintenance of proper insurance coverage is a material element of this contract, and failure to maintain or renew coverage or to provide evidence of renewal may be treated as a material breach of contract.

The Bidder shall assert that these insurance requirements will be met as part of their proposal response. Failure to comply with these insurance requirements may result in a proposal being deemed unresponsive. Bidder EXHIBIT 1
shall satisfy these insurance requirements concurrently with the signing of the contract prior to commencement of work. It is strongly suggested that insurance requirements be reviewed with Bidder’s broker to ensure any additional costs are included in the proposal pricing component.

Any questions pertaining to insurance requirements, please contact City of Stockton Risk Services at (209) 937-5037.

1.13 HOLD HARMLESS
To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement..

1.14 APPLICABLE LAW
Applicable law shall be governed by the laws of the State of California. Venue shall be proper in the Superior Court of the State of California, county of San Joaquin, Stockton Branch, or, for actions brought in Federal Court, the United States District Court for the Eastern District of California, Sacramento Division.

1.15 METHOD OF PAYMENT
Payment will be made within thirty (30) days after invoices are received and accepted by the City. Invoices are to be rendered monthly.

Payment requests shall be submitted monthly to the Municipal Utilities Department Representative/Project Manager. Contract work done for the period will be paid for in arrears within thirty days of receiving and approving the invoice. Work not performed will be deducted from Contractor’s invoice according to the Schedule of Values submitted with Contractor’s bid. Contractor shall submit to the Municipal Utilities Department Representative/Project Manager the following reports with the monthly billing:

EXHIBIT 1
a) Report of any problems encountered and recommendations for resolution of problems outside the contract’s scope of services.
b) Written report of application date(s), location(s), brand name and amount of chemicals applied.
c) Accounting of disposal of green waste generated by maintenance activities.

Invoices submitted without all reports will not be processed for payment until all reports are received.

The City reserves the right to pay only on a prorated basis for the time the actual maintenance services are performed.

Payments may be withheld to such extent as may be necessary to protect the City from loss including, but not limited, to the following reasons:
a) Defective work.
b) Work not performed.
c) Incomplete work.
d) Not submitting required reports.
e) Failure of Contractor to make payments to subcontractors or suppliers for material and labor.

1.16 NOTICE TO OUT-OF-STATE VENDOR
The City of Stockton will pay all applicable sales/use tax directly to the State of California for this purchase.

It is the policy of the City of Stockton to pay all applicable California sales/use tax directly to the State Board of Equalization (BOE) pursuant to California Revenue and Taxation Code 7051.3. The City of Stockton will self-accrue all sales/use tax on purchases made from out-of-state vendors.

Sales and use tax on purchases made by the City of Stockton from all companies located outside California and whose products are shipped from out of state will be remitted to the BOE directly by the City under permit number SR KHE 28- 051174 DP. Please do not include sales/use tax on the invoice that you submit to the City of Stockton.

Questions regarding the City of Stockton’s payment of sales/use tax can be directed to the City of Stockton’s Procurement Division at (209) 937-8357.

1.17 TERM
The City plans to establish a five (5) year contract.

EXHIBIT 1

1.18 COMPETITIVE PRICING
Bidder warrants and agrees that each of the charges, economic or product terms or warranties granted pursuant to this Contract are comparable to or better than the equivalent charge, economic or product term or warranty being offered to any similarly situated commercial or other government customer of bidder. If bidder enters into any arrangements with another customer of bidder to provide product under more favorable charges, economic or product terms or warranties, bidder shall immediately notify CITY of such change and this Contract shall be deemed amended to incorporate the most favorable charges, economic or product terms or warranties.

1.19 FUNDING
Any contract which results from this bid will terminate without penalty at the end of the fiscal year in the event funds are not appropriated for the next fiscal year. If funds are appropriated for a portion of the fiscal year, this contract will terminate without penalty, at the end of the term for which funds are appropriated.

1.20 UNCONDITIONAL TERMINATION FOR CONVENIENCE
The City may terminate the resultant contract for convenience by providing a sixty (60) calendar day advance notice unless otherwise stated in writing.

1.21 AUDITING OF CHARGES & SERVICES
The City reserves the right to periodically audit all charges and services made by the bidder to the City for services provided under the contract. Upon request, the bidder agrees to furnish the City with necessary information and assistance.

1.22 BID SECURITY
Not applicable to this bid

1.23 CONTRACT BONDS
The successful bidder will be required to furnish the City of Stockton with a Faithful Performance Bond in the amount of 10% of the annual maintenance costs, renewed annually throughout the life of the contract, and shall be furnished concurrently with the signing of the contract.

The surety which provides the bond(s) must be authorized by the Insurance Commissioner to transact business of insurance in the State of California.

Said bonds shall be executed by the surety and contractor concurrently with the signing of the contract. The form of said bonds must be approved by the appropriate City departments.

EXHIBIT 1
All alterations, extension of time, extra and additional work, and other changes authorized by these specifications or any part of the contract shall be made without securing the consent of the surety or sureties on the contract bonds.

1.24 AWARD
Upon conclusion of the bid process, a contract may be awarded for POND WEED MAINTENANCE for the City of Stockton.

The City reserves the right to make an award on any item, quantity of any item, group of items, or in the aggregate to that/those bidder(s) whose bid(s) is/are most responsive to the needs of the City. Further, the City reserves the right to reject any and all bids, or alternate bids, or waive any informality in the bid as is in the City's best interest.

Consideration will be given in comparing bids and awarding a contract, not only to the dollar amount of the bids, but also to:
 Kind
 Suitability
 Warranties
 Trade-in
 Buy-back agreement
 Salvage value
 Standardization
 Delivery time
 Compatibility resulting in the lowest ultimate cost; Best value to the City

1.25 CHANGES
The City’s Representative has the authority to review and recommend or reject change orders and cost proposals submitted by the bidder or as recommended by the bidder’s project manager, pursuant to the adopted City of Stockton Standard Specifications.

1.26 OTHER GOVERNMENTAL AGENCIES
If mutually agreeable to all parties, the use of any resultant contract/purchase order may be extended to other political subdivisions, municipalities, or tax supported agencies.

EXHIBIT 1
Such participating governmental bodies shall make purchases in their own name, make payment directly to successful bidder and be liable directly to the successful bidder, holding the City of Stockton harmless.

1.27 LIQUIDATED DAMAGES

NOT APPLICABLE TO THIS SOLICITATION

1.28 PRODUCT OWNERSHIP
Any documents, products or systems resulting from the contract will be the property of the City of Stockton.

1.29 CONFIDENTIALITY
If bidder believes that portions of a bid constitute trade secrets or confidential commercial, financial, geological, or geophysical data, then the bidder must so specify by, at a minimum, stamping in bold red letters the term "CONFIDENTIAL" on that part of the bid which the bidder believes to be protected from disclosure.

The bidder must submit in writing specific detailed reasons, including any relevant legal authority, stating why the bidder believes the material to be confidential or a trade secret. Vague and general claims as to confidentiality will not be accepted.

The City will be the sole judge as to whether a claim is general and/or vague in nature. All offers and parts of offers that are not marked as confidential may be automatically considered public information after the contract is awarded. The bidder is hereby put on notice that the City may consider all or parts of the offer public information under applicable law even though marked confidential.

1.30 JOB WALK
An optional job walk will be held on March 21, 2024 at 9:00 a.m. promptly at 2500 Navy Drive. Interested bidders arriving at 9:01 a.m. or later will not be admitted.

1.31 PREVAILING WAGES & CONTRACTOR/SUBCONTRACTOR REGISTRATION & REGISTRATION REQUIREMENTS
Prevailing wage rates are required for this project according to State and Federal Labor laws. Prevailing wage rates can be found by logging on to http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm.

Pursuant to Labor Code Section 1771.1(a): A Contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of this section for an unregistered Contractor to submit a bid that is EXHIBIT 1
authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the Contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5.

Department of Industrial Relations- Contractor Registration information and web link: http://www.dir.ca.gov/Public-Works/PublicWorks.html In compliance with Senate Bill 854 and the California Labor Code, all Bidders shall include with their Bid proof of registration from the Department of Industrial Relations (DIR) that includes the contractor’s Legal Name, Registration Number, License Type/Number, Registration Date and Expiration Date, for every contractor and subcontractor, regardless of tier.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors must submit their certified payroll records directly to the Division of Labor Standards Enforcement Compliance Monitoring Unit, as well as the City of Stockton.

1.32 CONTRACTOR’S SAFETY RESPONSIBILITY
The scope of work for this project has been reviewed for special risks or hidden dangers that may be present to employees of the bidder or any subcontractor. The bidder is required to identify, notify employees, and implement special precautions to prevent injuries to employees. Additionally, the bidder is required to identify its skill, experience, and equipment in dealing with the types of risk to employees.

1.33 PROTEST POLICY
Protest and Appeal Procedures. In order to maintain fairness and impartiality, the City of Stockton has established a solicitation protest policy and procedure.

A. Protest Procedure

1. All protests must be in writing and stated as a formal protest. It must be filed with the City's Chief Financial Officer, or designee, not later EXHIBIT 1
than five (5) days after City mails and or posts the Letter of Intent to Award on the City’s Bid Flash platform found on the City’s website.

2. The protest must contain a complete statement of the basis for the protest and must include all relevant supporting documentation.

3. Deliveries of the protest by hand, mail, or email are acceptable.

4. The City is not responsible for lost or misplaced protests, or to assure the protest is received within the protest deadlines.

B. Protest Review

1. The Chief Financial Officer or designee shall respond in writing at least generally to each material issue raised in the protest within thirty (30) days.

2. The Chief Financial Officer's, or designee 's, administrative decision may be appealed in writing to the City Manager no later than five (5) business days after the date the Chief Financial Officer's, or designee's , the decision is mailed to the protesting party.

3. The City Manager shall review and decide the appeal based on the grounds and documentation set forth in the original protest to the Chief Financial Officer, or designee.

4. Each party shall bear its own costs and expenses involved in the protest and appeal process, including any subsequent litigation.

5. The City Manager's administrative decision is final. After the City Manager issues the final administrative decision, the time in which judicial review of the decision must be sought shall be governed by California Code of Civil Procedure Section 1094 or as such section may be amended from time to time.

6. If the protested procurement involves state or federal funds, the Chief Financial Officer, or designee, shall give notice to the interested party that he or she has the right to appeal to the appropriate agency, which shall be identified by name and address.

An appeal hereunder shall be filed with the appropriate agency within five (5) working days of the dispatch of rejection notices to the interested party(ies).

7. The City may require the protesting party to submit a City Council approved non-refundable protest fee to cover the administrative cost of processing the protest.
.

EXHIBIT 1

2.0 BACKGROUND/GENERAL NATURE OF SERVICE
The City of Stockton is a Charter City incorporated in 1850. The City is the county seat of San Joaquin County and is located in California’s San Joaquin Valley, 78 miles east of the San Francisco Bay Area, 337 miles north of Los Angeles and 40 miles south of Sacramento. The County is bound by Sacramento County to the north and Stanislaus County to the south. Approximately 310,000 residents live in Stockton.

The Stockton Municipal Utilities Department (MUD) manages, operates, and maintains the Stockton Regional Wastewater Control Facility (RWCF). The RWCF, located at 2500 Navy Drive, is a tertiary wastewater treatment plant that includes approximately 740 acres of ponds, channels, and wetlands. Maintenance of weeds around the perimeter of these ponds, channels, and wetlands is the subject of this project.

2.1 SCOPE OF SERVICES
The Contractor shall provide a level of maintenance that will present the facilities in a neat and trim appearance at all times. Contractor is expected to provide the highest level of quality in maintenance compatible with standard horticultural practices and modern techniques accepted by the industry.

2.1.1 Spray Application
The contractor shall apply at least two (2) complete weed spray/control applications each year under this contract, one in the fall and one in the spring, and maintain all areas weed free for the duration of the contract. Contractor shall begin spray application as soon as weather conditions permit and shall notify the City of Stockton at least 48 hours prior to start of work.

The contractor shall be responsible for weekly inspections of the treated areas during the contract period and re-spray any re-growth of weeds of any type at no additional costs for the contract period. Any re-growth of weeds over three (3) inches in height in the treated areas shall be the responsibility of the contractor to clean-up and properly dispose of as necessary.

All material generated during operations shall be removed from the site by the end of the workday. Disposal of removed plant materials, especially diseased or infested specimens, shall be done in accordance with all applicable laws, codes, regulations, and these special provisions.

The contractor shall be responsible for purchasing all chemicals necessary for the execution of the contract, and as approved by San Joaquin County in the PCA. SDS sheets for all chemicals proposed to be used shall be submitted with the approved PCA.

Contractor shall hold and maintain all applicable licenses for handling and application of herbicides throughout the length of the contract.

EXHIBIT 1

2.1.2 Mechanical Weed Removal
Mechanical weed removal will be necessary to establish and periodically maintain the treated areas adjacent to the ponds or wetlands or within the channels and backwash pond. Weeds may be removed mechanically using long reach excavators, aquamogs, or other mechanical method. Any mechanical method used shall be scheduled in advance, and the equipment self-inspected after use to prevent the transport of invasive species offsite.

All material generated during operations may be disposed onsite or removed from the site by the end of the workday. Disposal of removed plant materials, especially diseased or infested specimens, shall be off-site and performed in accordance with all applicable laws, codes, regulations, and these Special Provisions.

2.1.3 Elderberry Trees and Bushes
The application of weed spray shall not cause harm to existing trees, bushes, or other desirable plantings. Extreme caution shall be used when spraying around existing Elderberry trees or bushes. Contractor is expected to provide the highest level of quality in maintenance compatible with standard horticultural practices and modern techniques accepted by the industry.

2.1.4 Rodent Control
Contractor shall notify Director or the Municipal Utilities Department Representative /Project Manager upon noticing evidence of rodents.

2.1.5 Corrections
If there are parts of the Contractor’s work that do not conform to the specifications, Contractor will be notified in writing by email and/or letter via United States Postal Service first class delivery of any need for corrections. Any form of notification shall be valid. If Contractor fails to correct any deficiencies within five (5) working days, the City may arrange to have the deficiencies corrected and deduct the cost to correct the deficiency from the amount due to the Contractor. Corrections shall not interrupt or delay regularly scheduled service. Contractor shall provide written confirmation within one (1) day of the completion of work. Confirmation may be by email or personal delivery to the Municipal Utilities Department at 2500 Navy Drive, Stockton, California.

Contractor shall furnish all labor, materials, equipment, all necessary permits, and insurance as specified. The contractor shall supply Safety Data Sheets and written abatement recommendations with the bid. Contractor shall propose a schedule of application to the City for each material to be used with the bid.

Contractor shall apply at least two (2) complete weed spray/control applications each year under this contract, one in the fall and one in the spring, and maintain weed free for the duration of the contract. Contractor shall begin spray application as soon as weather conditions permit and shall notify the City of Stockton at least 48 hours prior to start of work. Provide phone numbers for Supervisor and Trained Applicators.

EXHIBIT 1
Contractor agrees to maintain all designated areas covered by these special provisions at this level. The Municipal Utilities Department Representative/Project Manager, Supervisors, and Director shall be the sole judge as to whether Contractor’s work conforms to the specifications.

Contractor is an independent contractor and shall not for any purpose be deemed to be an employee, agent, or other representative of the City. Contractor shall not assign, sublet, transfer or otherwise substitute its interest in this work, or any of its obligations, without the prior written consent of the City.

Contractor is responsible for any and all damage to any improvements and landscaping which is a result of Contractor’s actions. Contractor shall repair or replace any damaged improvement and landscaping to the satisfaction of the Municipal Utilities Department Representative/Project Manager, at no cost to the City.

Contractor shall provide at their own risk, all labor, materials, supervision, tools, equipment, insurance, storage, transportation, hauling dumping, proper protection and all other items needed, or as directed to perform the work described in these special provisions.

Contractor and Contractor’s employee(s) shall wear a uniform which clearly identifies the Contractor’s company and the employee. Such uniform shall be consistent for all workers and shall be worn at all times while performing the work, as per this document. Said uniform shall be kept in a neat, clean, and orderly manner.

All Contractor’s maintenance vehicles, or vehicles of those persons representing the Contractor shall be in proper working order and in good state of repair. Also, such vehicle(s) shall clearly present the Contractor’s company name, address, and telephone number of a local office. Automobile insurance approved by the City’s Risk Services shall be valid for all vehicles used during the execution of this contract for the entire term and any extensions.

Contractor shall perform work contemplated herein in a good and workmanlike manner to the satisfaction of the Municipal Utilities Department Representative/Project Manager.

The Contractor shall cooperate with the Director or the Municipal Utilities Department Representative/Project Manager to enable determination of contract compliance. If any work does not meet the standards specified, the Contractor will be responsible for correcting such deficiencies within five (5) working days or as directed by the Director or the Municipal Utilities Department Representative/Project Manager. Corrections shall be at no additional cost to the City of Stockton. Contractor is expected to use additional personnel for corrections. There shall be no delay of regular maintenance to complete corrections.

Contractor shall provide supervisions of all work crews at all times while performing work under contract agreement. Personal supervision is not required, provided that equipment or other means are provided that enables the work crews to communicate with the Contractor at all times. Each work crew shall have a designated person on the work site EXHIBIT 1
that has the authority to respond to inquiries from the Municipal Utilities Department Representative/Project Manager and any citizens about work details or priorities. This designated person shall be able to accurately and effectively communicate any information essential to the operation of the organization. Contractor shall employ a sufficient number of staff to ensure performance of the work described. All work shall be performed by experienced staff directly employed by the Contractor. The Contractor shall provide management and technical supervision through competent supervisors, as required, to implement modern methods and newly-developed horticultural procedures.

Contractor shall be responsible for the skills, methods, and actions of Contractor’s employees and for all work.

All work shall be performed with the utmost concern for safety of both the workers and the public.

Contractor and their staff shall meet the following qualifications:
a) All landscaping services shall be performed by a person(s) with at least one (1) year of relevant weed spraying/landscaping experience, and directly employed and supervised by the Contractor.
b) Contractor shall have at least two (2) years of relevant experience in landscape/grounds care maintenance of facilities similar in size and amenities to those on which Contractor has bid.
c) Contractor shall have adequate equipment and employ adequate staff to maintain the facilities.
d) Contractor shall provide proof that any chemicals used in the performance of their duties have been approved for general use by the San Joaquin Department of Environmental Health. Any special permits required to use herbicides, pesticides, and/or fertilizers are the sole responsibility of the Contractor. e) Contractor shall submit a minimum of three (3) references with their bid. At least one reference shall be a public agency. References shall include contact person(s) and a telephone number where said person(s) may be contacted. References shall be applicable to the scope of services and contractor shall provide a brief description of the number of locations maintained, landscaping maintained, area of the landscaping and current monthly contract price.

2.2 INTEGRATED PEST MANAGEMENT
To the greatest extent practicable, the City expects the Contractor to use Integrated Pest Management practices, principals, and concepts and least toxic methods of pest control to achieve the expected/specified results. Contractor is encouraged to consult the University of California Agriculture and Natural Resources Statewide Integrated Pest Management Program at www.ipm.ucdavis.edu to determine the most effective and least toxic methods of pest control.

By January 5 of each year, Contractor shall provide a written report of Integrated Pest Management practices, principals, and concepts and least toxic methods of pest control used during the previous 12 months (January 1-December 31).

EXHIBIT 1
Contractor shall comply with all applicable County, State, or Federal regulations regarding pesticides, herbicides, and fertilizers. Contractor shall analyze plant problems and apply correct types and rates of fertilizers, insecticides, fungicides, and herbicides. Any insecticides, pesticides, herbicides, fungicides, and/or fertilizers used shall be applied in accordance with manufacturer's instructions.

Contractor shall advise the City in writing prior to the application of any insecticides, pesticides, herbicides, fungicides, and/or fertilizers. Contractor shall provide City with Safety Data Sheets (SDS) for all insecticides, pesticides, herbicides, fungicides, and/or fertilizers proposed for use prior to their actual use. Contractor shall provide a site-specific schedule showing where, when and what insecticides, pesticides, herbicides, fungicides, and/or fertilizers will be applied at least five (5) working days prior to application.

Contractor is solely responsible for any damages due to contractor's application or misapplication of insecticides, pesticides, herbicides, fungicides, and/or fertilizers.

At least three days prior to a proposed application of a pesticide, a notice shall be posted on City property. The notice shall be conspicuously posted in one or more regular locations at the site of the application. It shall be 8 1/2" by 11" and specify the pest, manner of application, proposed date of application, the time, and location. It shall contain the brand and common name of the pesticide and list the acute effects. The notice shall remain posted for three days after the application.

Pest management schedules, applications, public posting, and Safety Data Sheets (SDS) shall be discussed and reported with the Project Manager.

2.3 AREAS TREATED AND MAINTAINED
All area descriptions are described as if viewed from the perspective of the perimeter road. Approximate acreage shown includes any channels within the area (if applicable).

Refer to Attachment D.

1. AREA A. (Approximately 31 Acres)
a. AREA A. This section extends along the south side of Ponds 1, 2, and 3.

Maintain weed free from the south perimeter fence along Highway 4 to the inside berm toe of Ponds 2, and 3. Pond 1 to the top of waterside slope of pond 1 berm. Includes the lower ditch.

2. AREA B. (Approximately 4.5 Acres)
a. Maintain weed free from the perimeter fence on the west side of Pond 3 to the waterside berm toe of Pond 3. This includes the lower ditch area between the road and the perimeter fence.

3. AREA C. (Approximately 18 Acres)
a. Maintain weed free from the top of the farthest shoulder of the lower ditch on the North side of Ponds 2 and 3 to the waterside berm toe of Ponds 2 and 3. This includes the lower ditch area between the road and the perimeter fence.

4. AREA D. (Approximately 18 Acres)
a. Maintain weed free from the top of the farthest shoulder of the lower ditch on the North and East side of Pond 1 to the top of waterside slope of the EXHIBIT 1
Pond 1 berm This includes the lower ditch area between the road and the perimeter fence.

5. AREA E. (Approximately 10 Acres)
a. Maintain weed free from six feet west of the levy road, westward to the top of the farthest shoulder of Pond 1 berm. This includes the circulation channel area.

6. AREA F. (Approximately 7 Acres)
a. Maintain weed free from the perimeter fence on the west side of the wetlands to the waterside berm toe of the wetlands levee. This includes the lower ditch area between the road and the perimeter fence.

7. AREA G. (Approximately 17 Acres)
a. Maintain weed free from the perimeter fence on the south side of the road, north to 6 feet north of the road. This includes the railroad spur line from beginning of spur east to the ends (including within the fenced gate).

8. AREA H. (Approximately 2 Acres)
a. Maintain the whole channel weed free from the south side of the channel to the north side of the channel.

9. AREA I. (Approximately 2 Acres)
a. Maintain weed free, the perimeter of the backwash lagoon down to the waterline.
b. Includes two annual removals of all floating material in the backwash lagoon.

10. AREA J. (Approximately 5 Acres)
a. Keep this area mowed as directed. No more than 3 times per calendar year.

11. AREA K. (Approximately 4.5 Acres)
a. Maintain the road weed free from the toe of the slope of the Pond 1 berm to the toe of waterside slope of the Pond 2 berm.

12. AREA L. (Approximately 4 Acres)
a. Maintain the road weed free from the toe of waterside slope of the Pond 2 berm to the toe of waterside slope of the Pond 3 berm.

2.4 ALTERATION AND EXTRA WORK
The City reserves the right to increase or decrease the quantity of any item or portion of the work or to omit portions of the work as may be deemed necessary or advisable by the City; also, to make sure alterations or deviations, additions to or omissions from the specifications, as may be determined during the process of the work to be necessary and advisable for the completion there of. Upon the order of the city, the contractor shall proceed with the work as increased, decreased, or altered.

EXHIBIT 1

2.4.1 Examples of Unacceptable Weed Growth
The photos below are examples of unacceptable weed growth. This type of growth would be determined to be non-compliant with the terms of the agreement for this service and could be grounds for termination of the contract due to non-performance.

2.5 CITY RESPONSIBILITIES

1. City will provide access to City maps, conceptual drawings, records, studies, plans and other documents relating to the project.

2. City will provide the code building inspection and any special inspection required.

EXHIBIT 1

BID DOCUMENTS
A) BID – POND WEED MAINTENANCE
B) PUR 24-031
C) April 11, 2024
COMPANY NAME:

CONTACT NAME:

ADDRESS:

TELEPHONE NUMBER:

EMAIL:

EXHIBIT 1

LIST OF SUBCONTRACTORS
GENERAL CONTRACTOR:

PROJECT:

PLEASE LIST BELOW ALL SUBCONTRACTORS CONTRIBUTING TO THIS WORK Each bidder shall give the name, business address, description of the work, licenses held, and the dollar amount to be PAID the subcontractor, for each subcontractor that will be used on the project, if the Bidder is awarded the contract. Only subcontractors with work in excess of onehalf of one percent of the Bidder’s total bid need to be listed. All work in excess of one-half of one percent of the Bidder’s total bid, for which a subcontractor is not listed on this form, shall be performed by the Bidder’s own organization. Additional number pages listing proposed subcontractors may be attached to this page. Each page shall be headed “Proposed Subcontractors” and shall be signed by the Bidder.
(MUST PRINT LEGIBLY OR TYPE)
NAME BUSINESS ADDRESS TYPE OF WORK AMOUNT ($)

SIGNATURE OF BIDDER
EXHIBIT 1

FORM OF BID
BID TO BE SUBMITTED FOR POND WEED MAINTENANCE (PUR 24-031) Bid
Item
Area Description Initial
Clean-up
Cost
(if applicable)
Total
Proposed
Annual
Maintenance
Cost
(Year 1)
Total Proposed
Annual
Maintenance Cost
(Year 2)
Total Proposed
Annual
Maintenance Cost
(Year 3)
Total Proposed
Annual
Maintenance Cost
(Year 4)
Total Proposed
Annual
Maintenance Cost
(Year 5)
Grand Total
Contract
Cost
(5-Year
Maintenance Cost
Plus Initial
Clean-up)
%
Increase
Annual
Cost
%
Increase
Annual
Cost
%
Increase
Annual
Cost
%
Increase
Annual
Cost
A South side of Ponds 1-3 $ $ %$ %$ %$ %$ $
B West side of Pond 3 $ $ %$ %$ %$ %$ $
C North side of Ponds 2-3 $ $ %$ %$ %$ %$ $
D North and Northeast side of Pond 1 $ $ %$ %$ %$ %$ $
E Six feet east of the perimeter road,
westward to the top of the farthest
shoulder of Pond 1 levee
$ $ %$ %$ %$ %$ $
F West side of the wetlands to the
inside toe of the wetlands levee
$ $ %$ %$ %$ %$ $
G Perimeter fence on the south side
of the road, north to 6 feet north of
the road.
$ $ %$ %$ %$ %$ $
H South side of the channel to the
north side of the channel.
$ $ %$ %$ %$ %$ $
I-a Perimeter of the backwash lagoon
down to the waterline.
$ $ %$ %$ %$ %$ $
I-b Two annual removals of all floating
material from the backwash lagoon.
$ $ %$ %$ %$ %$ $
J Pipe storage area within Area E $ $ %$ %$ %$ %$ $
K John Turk Road (between pond 1
and pond 2)
$ $ %$ %$ %$ %$ $
L Access road between pond 2 and
pond 3.
$ $ %$ %$ %$ %$ $
Total Items
A Through L
$ $ $ $ $ $ $
NOTE: In the event of a mathematical error or conflict, the City will apply the greater between the percent (%) increase and annual cost.

Company Name (Please Print) Signed by Contractor’s License #/Expiration Date Phone Number Name (Printed) Applicator’s License #/Expiration Date Address EMAIL
EXHIBIT 1

SCHEDULE OF VALUES

MUST BE SUBMITTED WITH BID
Values for services.

If additional service is necessary, or if a service is not performed per specification, this schedule of values will be used to determine the compensation for additional service or deduction for service not performed.

Section Task Cost Per Service

2.1.1 Spray Application $ /Acre

2.1.1 Debris Removal $ /Acre

2.1.1 Weekly Inspection $ /Week

2.1.2 Mechanical Weed Removal - Equipment $ /Event

2.1.2 Mechanical Weed Removal - Crew $ /Event

2.1.2 Debris Removal $ /Event
Company Name (Please Print) Signed by
Phone Number Name (Printed)
Address Contractor’s License #/Expiration Date
EMAIL Applicator’s License #/Expiration Date
EXHIBIT 1
REFERENCES – MUST BE SUBMITTED WITH BID
CONTRACTOR:

1. Agency/Company
Contact Name and Phone Number
Area Maintained acres/square feet Monthly Contract Price Description of landscaping and amenities:

2. Agency/Company
Contact Name and Phone Number
Area Maintained Current Monthly Contract Price
Description of landscaping and amenities:

3. Agency/Company
Contact Name and Phone Number
Area Maintained Current Monthly Contract Price
Description of landscaping and amenities:

EXHIBIT 1
NOTE: Bidders are to mark their sealed bids to clearly indicate the content as:

A) POND WEED MAINTENANCE
B) PUR 24-031
C) April 11, 2024

IF YOU DO NOT WISH TO BID, PLEASE RETURN YOUR BID IMMEDIATELY STATING REASON.

EXHIBIT 1
BIDDER’S AGREEMENT
In submitting this bid, as herein described, the bidder agrees that:

1. They have carefully examined the specifications and all other provisions of this form and understand the meaning, intent, and requirements of same.

2. They have reviewed and understand all clarifications/questions/answers on the City’s website at www.stocktonca.gov/mudbid

3. They will enter into written contract and furnish the item(s)/service(s) in the time specified in strict conformity with the specifications and conditions contained therein for the price quoted by the bidder on this bid.

4. The proposed price is inclusive of all freight and handling charges and includes delivery to the City of Stockton, Municipal Service Center, or if specified, to the alternate point of delivery shown in the specifications.

5. They have signed and notarized the attached Non-Collusion Affidavit form whether individual, corporate or partnership. Must be “A Jurat” notarization.

FIRM ADDRESS

SIGNED BY TITLE OR AGENCY

E-MAIL ADDRESS
NOTE: Bids are invalid which are unsigned, or not accompanied by $0.00 bid deposit or a bidder’s bond. If erasures or interlineations appear on your bid form, they must be initialed by the person preparing the bid. Bids shall be mailed or delivered to:

OFFICE OF THE CITY CLERK

FIRST FLOOR, CITY HALL
425 NORTH EL DORADO STREET
STOCKTON, CALIFORNIA 95202-1997
On or before 2:00 p.m. APRIL 11, 2024, and publicly opened immediately thereafter in the City Council Chambers.

SPECIAL NOTE: U.P.S. OR OTHER SPECIAL HANDLING SERVICES DO NOT DELIVER DIRECTLY TO THE CITY CLERK’S OFFICE. BIDDERS ARE ADVISED THAT IF A SPECIAL HANDLING SERVICE IS USED, BIDS MAY NOT REACH THE CITY CLERK’S OFFICE IN TIME FOR BID OPENING AND WILL BE REJECTED AND RETURNED TO BIDDER.

EXHIBIT 1

NON-COLLUSION AFFIDAVIT
No. 1 AFFIDAVIT FOR INDIVIDUAL PROPONENT
STATE OF ____________, )ss.

County of )
(insert)
being first duly sworn, deposes and says: That on behalf of any person not named herein; that said Proponent has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm or corporation to put in a sham bid, or that such other person, firm or corporation shall or should refrain from bidding; and has not in any manner sought by collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Proponent.

(Signature Individual Proponent)
Subscribed and sworn to (or affirmed) before me on this day of , 20 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

Seal __________________________________________
Signature ____________________________

No. 2 AFFIDAVIT FOR CORPORATION PROPONENT
STATE OF ____________, )ss.

County of )
(insert)
being first duly sworn, deposes and says: That they are the of a corporation, which corporation is the party making the foregoing bid, that such bid is genuine and not sham or collusive, or made in the interest or behalf of any person not named herein; that said Proponent has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm or corporation to put in a sham bid, or that such other person, firm or corporation shall or should refrain from bidding; and has not in any manner sought by collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Proponent.

(Signature Corporation Proponent)
Subscribed and sworn to (or affirmed) before me on this day of , 20 by ______, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

Seal _____________________________
Signature ____________________________
EXHIBIT 1

No. 3 AFFIDAVIT FOR FIRM, ASSOCIATION, OR CO-PARTNERSHIP STATE OF _____________, )ss.

County of )
(insert)
, each being first duly sworn, depose and say: That they are a member of the firm, association or co-partnership, designated as _____who is the party making the foregoing bid; that the other partner, or partners, are that
such bid is genuine and not sham or collusive, or made in the interest or behalf of any person not named herein; that said Proponent has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm or corporation shall or should refrain from proposing; and has not in any manner sought by collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Proponent.

(Signature)

(Signature)
Subscribed and sworn to (or affirmed) before me on this day of , 20 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

Seal
EXHIBIT 1
EXHIBIT A – INSURANCE REQUIREMENTS
(Pond Weed Maintenance)
Contractor shall procure and maintain for the duration of the contract 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 the Contractor, its agents, representatives, or employees.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (nonowned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if contractor provides written verification it has no employees)

4. Pollution Liability applicable to the work being performed, to include non-aerial spraying of pesticides and herbicides, etc., with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability EXHIBIT 1
coverage can be provided in the form of an endorsement to the Contractor’s insurance (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). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be EXHIBIT 1
endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.

Claims Made Policies (Professional & Pollution only)
If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5 ) years after completion of the contract of work .

3. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Subcontractors
EXHIBIT 1
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors.

Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5 ) years after completion of the contract of work .

Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:

City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 9520
EXHIBIT 1
Agreement Number:

EXHIBIT B – SAMPLE CONTRACT

CITY OF STOCKTON

STANDARD AGREEMENT

1. This Agreement is entered into between the City of Stockton (“City”) and (“Contractor”) to provide
as set forth in Exhibit A to this Agreement.

2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:

Commences on: Terminates on:

3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $

4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.
(a) Exhibit A – Statement of Work
(b) Exhibit B – Insurance
(c) Exhibit C – General Terms & Conditions
(d) Exhibit D – Professional Services Special Terms & Conditions (e) Exhibit E – Compensation Schedule
(f) Exhibit F – Timeline
(g) Exhibit G - Special Funding Terms & Conditions CARES (If applicable check box)YES IN WITNESS WHEREOF, the authorized parties have executed this Agreement.

CONTRACTOR
Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):

Authorized Signature Date
Printed Name and Title of Person Signing
Address

CITY OF STOCKTON
BB
Harry Black, City Manager Date
ATTEST:

Eliza R. Garza CMC, City Clerk
APPROVED AS TO FORM:

Lori M. Asuncion, City Attorney
BY:

EXHIBIT 1

EXHIBIT A

STATEMENT OF WORK

1. Project Objectives

1.1 (Type the Project objectives)

2. Project Scope

2.1 (Type the Project Scope in detail including location of Work, resources, equipment and facilities needed.)

3. Specifications

3.1 (If applicable and the project has specifications, insert the specifications into this section.)

4. Major Deliverables

4.1 (Type the major deliverables in detail)

5. Tasks That Support the Deliverables

5.1 (In detail, describe the Tasks that support the deliverables and which party will complete them.)

6. Internal and External Standards and Guidelines

6.1 (If applicable and the project has internal and/or external standards or guidelines, insert them into this section.)

7. Criteria of Acceptance for Deliverables

7.1 (Type criteria used to determine whether deliverables are acceptable, how they will be accepted, and who will accept them.)

8. Notices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:

Contractor: City: City of Stockton
Attn: City Manager
EXHIBIT 1
425 N. El Dorado Street
Stockton, CA 95202

9. Key Personnel
(If applicable, type the name and contact information Key Personnel working on the Project.)

10. Option to Renew.
(If an option to renew is applicable, keep this clause and type the specifics as to how many renewal terms e.g. two one-year renewals, etc.) The term of the Agreement may be extended up to by a written amendment executed by both parties. However, the total term of the Agreement including the extended term shall not exceed years.

EXHIBIT 1

EXHIBIT B

INSURANCE
(RESERVED FOR CITY’S INSURANCE PROVISIONS APPROVED BY RISK) EXHIBIT 1

EXHIBIT C

GENERAL TERMS AND CONDITIONS

3. Compensation. City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.

3.1Invoices submitted by Contractor to City must contain a brief description of work performed, time spent and City reference number. Within thirty (30) days of receipt of Contractor’s invoice, City will review invoice, and if acceptable make payment on approved invoice.

5. Ownership of Work. All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree EXHIBIT 1
to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.

8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.

9. Contractor’s Status.

9.1 In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City. Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.

9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's EXHIBIT 1
control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.

10. Subcontractor.

10.3 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor’s personnel.

11. Termination.

EXHIBIT 1

11.2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party’s option, may terminate this Agreement by giving written notification to the other party.

12. Non-Assignability. The Contractor shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Contractor shall be solely responsible for reimbursing subcontractors.

13. Indemnity and Hold Harmless. To the fullest extent permitted by law, Contractor shall hold harmless, defend at its own expense, and indemnify the City of Stockton, its officers, employees, agents, and volunteers, against any and all liability, claims, losses, damages, or expenses, including reasonable attorney’s fees, arising from all acts or omissions of contractor or its officers, agents, or employees in rendering services under this contract; excluding, however, such liability, claims, losses, damages, or expenses arising from the City of Stockton’s sole negligence or willful acts. The duty to defend and the duty to indemnify are separate and distinct obligations. The indemnification obligations of this section shall survive the termination of this agreement.

14. Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this Agreement and shall otherwise comply with the other provisions of Exhibit B to this Agreement.

15. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement.

16. Conformance to Applicable Laws. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.

EXHIBIT 1

19. Confidentiality. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.

23. No Personal Liability. No official or employee of City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount due Contractor.

EXHIBIT 1

25. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City’s nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.

27. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor’s business.

28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.

EXHIBIT 1

29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.

30. Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

31. Entire Agreement, Integration, and Modification.

31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.

33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.

EXHIBIT 1

EXHIBIT D

GOODS AND SERVICES TERMS AND CONDITIONS

1. Definitions. The following words and phrases have the following meanings for purposes of this Agreement:

3. Time for Performance.

3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.

3.2 Timeliness of Performance i) Contractor shall provide the Services, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other EXHIBIT 1
losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.

4. Standard of Performance
In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:

4.1 Contractor’s Services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Contractor’s profession currently practicing under similar conditions. Contractor shall comply with the profession’s standard of performance, applicable laws, regulations, and industry standards. By delivery of completed work, Contractor certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws. If Contractor is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Contractor shall maintain that license, certification, registration or other similar requirement throughout the term of this Agreement.

4.3 If Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance or payment for any of the Services by the City does not relieve Contractor of its responsibility for the professional skill and care and technical accuracy of its Services and Deliverables. This provision in no way limits the City’s rights against Contractor either under this Agreement, at law or in equity.

5. Compensation

5.1 In addition to Section 3 Compensation in Exhibit C – GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:

5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed EXHIBIT 1
basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.

7. Findings Confidential
All of the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.

9. Warranty
Contractor warrants that (i) any Deliverable created or performed by Contractor for City under this Agreement will conform to specifications, drawings or samples furnished by City to Contractor for a minimum period of one year, and (ii) any standard Deliverable sold by Contractor to other customers besides City will meet or exceed any of the standards for such types of product in industry, any express or implied warranty stated or EXHIBIT 1
advertised by Contractor or the actual manufacturer of such Deliverable, or any warranties implied by law. Contractor’s warranty shall survive delivery of Deliverable and shall not be deemed waived by City’s failure to discover defects, acceptance of the Deliverable, or payment, therefore.

CONTRACTOR REGISTRATION REQUIREMENTS- Pursuant to Labor Code Section 1771.1(a): A Contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of this section for an unregistered Contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the Contractor is EXHIBIT 1
registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

Contractor shall provide an itemized packing list showing the Agreement number with the shipment. Contractor shall include the Agreement number on all packages, boxes, invoices, and shipping documents. Contractor shall label all individual boxes with stock number and quantity and items with different stock numbers shall be boxed separately. City reserves the right to refuse, at Contractor’s expense, any shipments not containing the Agreement number or stock numbers as required under this section.

15. Price and Quantities
Prices and quantities set forth in this Agreement may not be altered by Contractor EXHIBIT 1
without the prior written authorization of City, with the exception that quantities of custom paper or printed Deliverables, chemicals, or fuel may deviate from those in the Agreement by the lesser of standard industry practices.

EXHIBIT 1

EXHIBIT E

COMPENSATION SCHEDULE
The Contractor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:

1. Project Price

1.1 The maximum the Contractor shall be paid on this Agreement is $ (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.

1.2 Standard Reimbursable Items: Only the reimbursable items identified in Exhibit A, C, and D (Compensation), shall be compensated to the Contractor.

Reimbursement shall be made at actual costs with no markup added to the actual cost.

Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.

EXHIBIT 1

2. Task Price. Below is the price for the services and reimbursable expenses as described in Exhibit A of this Agreement.

Task Description Task Price
1 $
2 $
3 $
TOTAL PRICE $

Hourly Billable Rate Schedule
Title Role on Project
Hourly
Billable
Rates
$
$
$
$
$
$
$

4. Additional Fees. Should an amendment to the Agreement be issued for additional services that require the following items, the unit prices are as follows:

Title Unit Price
$
EXHIBIT 1

City of Stockton Department
Attention:
425 N. El Dorado Street
Stockton, CA 95202
EXHIBIT 1

EXHIBIT F

TIMELINE

1. Consultant shall complete the requested services identified in Exhibit A as follows:

1.1 TIMELINE FOR COMPLETION OF WORK

1.1.1 (insert deliverable title) (insert duration i.e. 1 week)

1.1.2 (insert deliverable title) (insert duration i.e. 1 day)

1.1.3 (insert deliverable title) (insert duration i.e. 3 weeks) EXHIBIT 1
Exhibit G
Special Funding Terms and Conditions
THIS PAGE IS LEFT INTENTIONALLY BLANK.

EXHIBIT 1
EXHIBIT 2
1 (Rev. 10.30.18)

EXHIBIT A

STATEMENT OF WORK

1. Project Objectives.

Contractor shall provide services as outlined in the Specifications for Pond Weed Maintenance (PUR 24-031).

2. Project Scope.

Contractor shall provide a level of maintenance that will present the facilities in a neat and trim appearance at all times. The Contractor is expected to provide the highest level of quality in maintenance compatible with standard horticultural practices and modern techniques accepted by the industry.

3. Specifications.

3.1 Spray Application.

Contractor shall apply at least two (2) complete weed spray/control applications each year under this contract, one in the fall and one in the spring, and maintain all areas weed free for the duration of the contract. Spray application shall begin as soon as weather conditions permit, and Contractor shall notify the City of Stockton at least 48 hours prior to start of work.

Contractor shall be responsible for weekly inspections of the treated areas during the contract period and re-spray any re-growth of weeds of any type at no additional costs for the contract period. Any re-growth of weeds over three (3) inches in height in the treated areas shall be the responsibility of the contractor to clean-up and properly dispose of as necessary.

Contractor shall be responsible for purchasing all chemicals necessary for the execution of the contract, and as approved by San Joaquin County in the PCA. Safety Data Sheets (SDS) for all chemicals proposed to be used shall be submitted with the approved PCA.

Contractor shall hold and maintain all applicable licenses for handling and application of herbicides throughout the length of the contract.

3.2 Mechanical Weed Removal.

Mechanical weed removal will be necessary to establish and periodically maintain the treated areas adjacent to the ponds or wetlands or within the channels and backwash Contract with Chem-Weed LLC for Pond Weed Maintenance

Page 2 of 53 ends

City Council and Concurrent AuthoritiesAugust 20, 2024

City Council and Concurrent Authorities
August 20, 2024