building were not identified by the project team. Water was not provided on May 5, 2023, so our investigation was limited to visual observations and walking with the Client and GC only. A limited visual assessment of the exterior and the roof was performed while we were on site, as an additional scope.
Walker returned on May 22, 2023, to perform additional visual investigation and water testing. Only Walker and Stockton were present during this site visit. During our investigation, exploratory openings were made, and water testing was performed by Walker Consultants The exploratory openings included removal of portions of drywall at the curtain wall jamb and sills at the south side curtainwalls within rough openings.
Patriot Contracting, Inc. representative again informed the Client in an email on June 2, 2023, that the curtain wall installation was complete, weather barrier installation was complete, roof installation was partially complete, with the exception of metal coping at the parapet wall on the southeast side of roof.
Walker met curtain wall manufacturer representatives from Kawneer and the roof manufacturer representative from Johns Manville on June 19, 2023.
Following our site visits, Client provided Walker with a Post-Remediation Visual and Moisture Testing Clearance Report by AdvancedGeo dated March 9, 2023, which is attached at the end of this report as Appendix B.
Water Testing
Although the GC reported that all the curtainwall installation was complete, we noted that the exterior sealant joint at the sill and portions of jamb (bottom) was not installed/missing at systems that are installed on the slab on grade. We were informed by the GC that those exterior sealant joints would be installed at a later time per their sequencing. We were not able to perform water testing at the curtain wall systems that were not completely sealed.
Walker performed water tests at the two south side curtainwall specimens that were sealed from the exterior and one specimen on the east elevation (partial) shown in Figure 1.
Testing was completed by means of controlled water flow from garden hose. Water was turned off after water intrusion was noted at the locations mentioned below. Please see Table 1 for our findings, test locations are shown in Photo 2, 5 and 6 of Appendix A. Additional photographic documentation regarding the leaks and testing also is included in Appendix A.
Table 1: Water testing schedule and observed intrusion.
Test No.
Location of water being sprayed
Leak
Observed?
Description
Photo(s)
Specimen 1 – South side curtainwall
1 Cladding below the curtain wall
No
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2 Left side (west) bottom corner
of the specimen and along the
jamb (as viewed from outside). No
3 Along the sill
No
4 Left side top corner of the
specimen. No
5 Above the west side operable
sash. Yes
Heavy water intrusion observed
through the hole in the perimeter of
the frame and at the bottom of the
operable sash’s casement.
7, 11
6 Above the east side operable
sash.
Yes
Water started emanating through the
top of the casement for the operable
sash, the unsealed holes in the
perimeter of the frame and from the
bottom of the casement.
8, 13, 14
7 Right side (east) bottom corner of
the specimen and along the jamb. No
8 Along the head of the curtainwall.
Protection was added over the
east and west side operable
sashes in an effort to eliminate
leaks coming through the sashes.
No
9 Between the head of the
curtainwall and the flashing
transition.
Yes
Water intrusion was observed within
the space between the jamb frame
and the waterproofing in the rough
opening on the right side of the
curtain wall when looking from the
interior. Water accumulated in the sill
pan.
12, 15
10 At the rainscreen panels at the
vicinity (sides and above approx.
2-3 feet away) of the curtain wall
frame. No
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Specimen 2 – South side curtainwall
10 At the bottom corner of the two
jambs. No
11 Along the length of the sill.
No
12 Above the operable sash.
Yes
Water leaked through the top of the
casement for the operable sash, the
unsealed holes in the perimeter of
the frame and from the bottom of the
casement.
9, 16, 17
14 At the top corners of the two
jambs. No
15 Along the head of the curtainwall.
No
16 Between the head of the
curtainwall and the flashing. No
17 At the rainscreen panels at the
vicinity (sides and above approx.
2-3 feet away) of the curtainwall
frame Left side top corner of the
specimen.
No
Specimen 3 -East Elevation curtain wall
18 Bottom corner of the right-side
jamb (as viewed from outside).
Exterior sealant was incomplete
at the bottom of the jamb. Mold
was reportedly noted at this
location and was remediated.
Walker sprayed water to confirm
water intrusion.
Yes
Water leaked immediately into the
interior. 18,19
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Manufacturer’s Report Review
We reviewed the following documents that were provided to us:
1. Curtainwall manufacturer Kawneer’s Field Observation Report dated June 22, 2023, for inspection performed on June 19, 2023. We performed a site walk along with the manufacturer to discuss our concerns related to the leaks and showed them the areas water intrusion on site. During the walkthrough we discussed several deficiencies that were noted by us. The following items have been noted in their report:
x The curtain wall installation at the time of water testing and site visit was incomplete. x The curtain wall installation was incomplete with the fasteners at the pressure bar not torqued to the recommended pressure at all the locations that were tested. Pressure bar covers were not installed. x Daylight was visible through the CW system and door frame adapters. x Fasteners are missing and unsealed openings were noted. x Perimeter sealant joints at the operable sashes is missing per the shop drawings. x Missing slide blocks.
x Some vents/ casements are not installed plumb and are missing compression. x Interior perimeter sealant was missing.
The manufacturer has recommended that the contractor review their installation guide and shop drawings to ensure that the installation is accordance with their requirements. Walker recommends completing the installation prior to further water testing.
2. Roof manufacturer Johns Manville’s Site Visit Report for inspection performed on June 19, 2023. We performed a site walk along with the manufacturer to discuss our concerns related to the roof and discussed several deficiencies that were noted by us. The manufacturer has provided the following repair recommendations:
x Complete clamp and caulk detail at the pipe penetrations. x Remove sleeve flashing and install a drain ring according to manufacturer specification at the west side of the building.
x At the bridged flashing, install fasteners, plates and reinforcing membrane. x Repair damaged membrane with heat welded patches.
x At the northwest corner of the main roof, install fasteners, plates and reinforcing membrane to repair the bridging membrane at the valleys.
The higher elevation low sloped roof was not accessible as the fixed ladder was not installed properly. The canopy roof was visible but was noted to be incomplete as the gutter and downspout installation was pending. The manufacturer recommends observing these roofs during the final project walkthrough.
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Observations and Discussions
Walker performed site visits to the subject site to perform a visual investigation. The following is a summary of our observations from our site visits dated, May 5, May 22, and June 19, 2023:
CURTAIN WALL:
According to the GC’s email dated June 2, 2023. The curtainwall system installation was complete and the system was fully glazed, ready to be water tested. We made the following observations regarding the installation and from our water testing:
1. The leaks noted during water testing at the two south side curtainwalls within rough openings were noted mainly from the perimeter of the operable sashes. It appears to us that the leaks were caused due incomplete and incorrect installation as noted below.
x The holes in the perimeter vents at the operable sashes were missing fasteners and sealant (Photo 20, 21 and 22). These holes act as a path for the water to enter the frame and potentially the interior of the building. The manufacturer’s details and shop drawings indicate that the holes should have a fastener and a sealant over them.
x Weather gaskets at the casement as noted in shop drawings were missing (Photo 10).
Manufacturer’s installation instructions and shop drawings show utilization of gaskets at the perimeter; however, sealant was noted at some locations and most locations were missing gaskets and sealants.
x The vents in the casement of the operable sash were not plumb at the few areas we checked (Photo 23). A notable gap observed between the vent and the sash (when closed). The vents and sash should be installed plumb per the manufacturer’s requirements. x Shims between the curtainwall frame and the perimeter of the operable sash were visible at several locations. Per the manufacturer’s instructions, a sealant joint should be installed at the perimeter of the operable sash and the curtainwall frame (Photo 24). x Slide blocks in the vents of the casement were missing from several locations (Photo 25). The curtainwalls with missing slide blocks did not appear to have proper compression. The installation of the curtainwalls was not complete per the manufacturer, once the installation is done properly the curtainwall should be compressed while closed and should not allow air and water intrusion. x Snubbers at the bottom of the operable sash were noted at several locations (Photo 26). Per the manufacturer, these are blocks that assist with shipping and should be removed after the installation of curtainwall is complete.
2. The exterior sealant joints at the sill of the curtainwalls and portions of jamb were not installed and the system is not completely sealed (Photo 27 and 29). Backer rod and daylight was noted at the sills of the curtainwall locations. These unsealed openings may act as a path for water to enter the building.
3. The manufacturer noted that the pressure bar of the curtain wall systems was not noted to be installed at the right torque pressure of 95-to-100-inch lbs. per the specifications and installation manual (Photo 28). Inadequate torque pressure at the curtainwall systems should be addressed immediately to ensure proper installation of the system. Covers for the pressure bars were not installed are missing at most locations (Photo 31).
4. We were not able to perform water testing at most curtainwall locations as they are not sealed completely. We tested one curtainwall location at the east elevation as noted in Table 1. Water intrusion was noted immediately after water was sprayed at the system.
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5. We noted two different colors of sealant at the jamb of the curtainwall system at the northeast side of the building (Photo 30). The sealant was not cured. The installation of two different sealant joints should be reviewed by the AOR and GC and replaced if found deficient.
As noted in the Background above, the GC reported that curtain wall leaks were caused by the flashing around the perimeter of the curtain wall and reported that the flashing was not bedded in sealant. While this is possible, further investigation and testing are required to confirm this as the flashing materials are currently concealed.
However, the installation of curtainwall system does not appear to be complete as noted above. The shop drawings and specifications should be reviewed by the GC to ensure conformance with the project documents.
Items noted above, the items pointed out by the manufacturer, and any other items/work as required for a complete and correct installation should be addressed as priority to remediate further water intrusion into the building. Once the installation is complete, we recommend additional water testing and investigation.
ROOF:
There are a total of three low sloped roofs at the building – canopy, main roof – east side and the low sloped west side roof. No physical access was provided to observe the higher elevation low sloped roof that is at the west side of the building, the fixed ladder installation was incomplete, and the ladder was not in service (Photo 33). The roofing manufacturer and Walker were not able to observe roof installation at the west roof, which is substantial in size relative to the rest of the building.
We made the following observations at the low sloped canopy roof:
1. The roof installation is incomplete, and no methods of roof drainage have been installed. The roof should have edge metal, membrane hot-air welded to the roofing and edge metal, and a perimeter gutter and downspout installed to provide drainage (Photo 34).
2. GC materials and tools were noted at the roof.
3. Air barrier was exposed immediately below the canopy. Air barrier should be covered, protected from UV and physical damage.
4. The canopy is at a lower elevation compared to the main roof and did not have fall protection at the perimeter. The canopy was not physically accessible and was observed visually from the main roof only.
The seams of the roof membrane were not probed or observed closely.
We made the following observations at the low sloped main roof – east side:
1. The roof membrane at the valleys/sloped areas of the tapered insulation was not installed per the manufacturer’s requirements (Photo 32, 35, 36). Portions of the roof membrane have large gaps and should be rectified per the manufacturer's directive from the field observation notes. Per the manufacturer, this is a typical detail for low lying areas of tapered insulation. The portions of the membrane that has large gaps are susceptible to damage and should be repaired as a priority.
2. The metal coping at the west side of the building appears to be sloping towards the building (negative slope) and the areas that were spot checked (Photo 37 and 38). The negative slope will allow water to pond close to the building. The design intent appears to be for the metal to slope towards the exterior.
Sealant joint between the coping and the curtain wall along the length of the wall was not installed.
3. Gaps and wrinkles were noted at the roof membrane of the parapet wall (Photo 39). We informed the manufacturer of this condition during the walkthrough, and they said that it was an acceptable condition.
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These areas are also susceptible to damage. We recommend that the AOR observe the membrane at the parapet walls and provide comments.
4. The roof membrane at the roof hatch was observed to be loose and not terminated under the hatch (Photo 40). The installation of the roof membrane at the hatch should be performed per detail B5/A510 of the construction drawings.
5. Metal coping installation was not complete at the southwest and southeast side parapet walls of the roof.
Gaps were noted at the joints of the metal coping. Missing joint covers and fasteners at the coping were observed (Photo 41 and 42).
6. Flashing at pipe penetrations of the north side of the roof was not complete (Photo 43). Sealant joint and clamp installation in accordance with the design documents should be done as a priority. Unsealed penetrations at the roof may potentially act as a path for the water to get inside the roofing system and the interior of the building.
7. Loose nails and screws were noted on the roof membrane. These can potentially puncture the roof membrane should be removed by as a priority. Typically, GC is responsible for cleanup of the roof membrane.
8. Missing drain ring was noted at the west side of the building. Funnel sleeve has been installed for drainage currently. The manufacturer recommends removal of the sleeve flashing and installation of drain ring per their installation specifications. The drain ring should be installed as a priority. The existing system that is in place is not approved by the manufacturer and does not appear to conform with the design documents (Photo 44). This condition may allow water intrusion into the roofing system and building.
The installation of roofing system does not appear to be complete or in compliance with the Contract Documents.
Water intrusion has not been reported through the roof. However, unsealed openings at penetrations are a potential path for water to enter the roofing system and the building. The items noted above, the items pointed out by the manufacturer, and any other items/work as required for a complete and correct installation should be addressed as priority.
MISCELLANEOUS OBSERVATTIONS:
We made the following observations at the building exterior:
1. Portions of Stego Wrap vapor barrier at the slab on grade is exposed to UV and appears to be damaged, incomplete, and missing at several locations (Photo 45). This membrane cannot be exposed to UV for longer durations. The GC informed us that they plan to replace the exposed membrane.
2. Concrete slab on grade was chipped off to accommodate the steel framing at the north side of the building (Photo 46). The AOR should be informed of this condition, if they have not been already. We did not review RFIs related to structural issues and are not aware if any repair direction has been provided.
3. Weather barrier is exposed at several locations along the base of the wall and should be protected from UV and physical damage. Note that manufacturers have limitations as to how long their air barrier product can be exposed to UV. Manufacturer’s instructions should be followed. Also note that air barriers are intended for above-grade installations and should not continue below grade without written approval by the manufacturer.
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Preliminary Recommendations
Based on our results from water testing, visual observations, conversations with the manufacturers and construction drawings review, we make the following recommendations:
1. The curtain wall installation including perimeter sealant should be corrected and completed in accordance with the manufacturer’s requirements and design documents. The GC should perform QA/QC of their work as required by the project specifications. Once the installation is corrected and complete to the satisfaction of the Architect and manufacturer, the curtain wall systems should be retested for potential water intrusion. We recommend having the Architect, manufacturer, and GC on site at the time of water testing. Additional investigation, including potential exploratory openings and testing related to the flashing not being set in a bed of sealant will depend on our observations.
2. The roof system should be corrected and completed per the manufacturer’s directions and Contract Documents to the satisfaction of the Architect and manufacturer. Inadequate flashing at penetrations, improper termination of the roof membrane at the roof hatch and missing drain grate at the roof drain at the west side of the roof should be addressed as a priority. These items may allow water intrusion into the roof membrane and potentially damage the installed roof system.
3. Roofing, flashing, gutters and downspout (drainage system) at the canopy should be installed prior to demobilization.
4. Installation of the fixed ladder at the main roof to access to the low sloped roof on the west side of the building should be completed. A walkthrough should be performed at the low sloped roof along with the manufacturer. Deficient items noted during the walkthrough (if any) should be addressed prior to demobilization.
5. Exposed air barrier should be covered as soon as possible and within the date limitations set by the manufacturer to avoid further UV exposure and damage.
6. We recommend that the existing roof and curtain wall installation be completed in accordance with the Construction Documents, manufacturer's requirements and be warrantable.
We thank you for the opportunity to provide our services. Please contact Walker if you have any questions about this letter or any other aspect of our services.
Sincerely,
Ankita Lad, E.I.T.
Consultant – Building Envelope
860.849.7082
[email protected]
Sean Connolly, RA, RWC, CCS
Principal / Director of Building Envelope
949.526.2526
[email protected]
Enclosures: Appendix A – Photographs
Appendix B – Post-Remediation Visual and Moisture Testing Clearance Report by AdvancedGeo Appendix C – Limitations
Sean Connolly, RA, RWC, CCS
P i i l / Di f B ildi El
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APPENDIX A - PHOTOGRAPHS
Photograph #1
Exterior view of the
south elevation of the
building.
Photograph #2
South side curtainwalls
that were water tested.
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Photograph #3
Exterior view of the
east side curtainwalls.
Photograph #4
Drywall removed by the
GC to remove the mold
prior to our site visits.
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Photograph #5
Test location #1 at the
south side of the
building.
Photograph #6
Test location #2 at the
south side of the
building.
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Photograph #7
Test location #1 – West
side of the specimen,
leaks noted at the
bubbled areas and
areas marked with an
arrow.
Photograph #8
Test location #1 – East
side of the specimen,
leaks noted at the
bubbled areas and
areas marked with an
arrow.
`
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Photograph #9
Test Location No 2-
leaks noted at the
bubbled areas and
areas marked with an
arrow.
Photograph #10
Typical exterior view of
operable curtainwall.
Gaps noted at the
perimeter gaskets of
the operable sash and
the curtainwall frame.
`
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Photograph #11
Test location 1: West
side of the curtainwall –
leaks noted through the
unsealed openings at
the operable sash and
the bottom of the sash.
Photograph #12
Test location 1: West
side of the curtainwall –
leaks noted at the jamb
and the sill pan.
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Photograph #13
Test location 1: East
side of the curtainwall –
leaks noted through the
unsealed openings at
the operable sash and
the head of the
operable sash.
Photograph #14
Test location 1: East
side of the curtainwall –
leaks noted through the
unsealed openings at
the operable sash and
the bottom of the
operable sash.
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Photograph #15
Test location 1: West
side of the
curtainwall – leaks
noted at the jamb
and the sill pan.
Photograph #16
Test location 2: leaks
noted through the
unsealed openings at
the operable sash and
the bottom of the
operable sash.
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Photograph #17
Test location 2: water
pouring in through the
missing sealant at the
casement corner and
overflowing at the
bottom of the sash.
Photograph #18
Test location 3 – leak
observed at the jamb
on interior of the
building (previously,
mold was observed at
this location).
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Photograph #19
Test location 3 – close
up view of the area
shown in the previous
photo.
Photograph #20
The hole in the
perimeter vent at the
operable sash was
missing fastener and
sealants.
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Photograph #21
The hole in the
operating mechanism
of the operable sash
was missing fastener
and sealants.
Photograph #22
The holes in the
perimeter vent at the
operable sash were
missing fastener and
sealants.
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Photograph #23
The vent of the
operable sash was not
installed plumb.
Photograph #24
Shims between the
curtainwall frame and
the perimeter of the
operable sash were
visible. Sealant is
missing.
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Photograph #25
Missing sideblocks at
the vents of the
casement.
Photograph #26
Snubber at the bottom
of the operable sash.
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Photograph #27
The exterior sealant
joints at the sill of the
curtainwall is not
installed, backer rod
visible.
Photograph #28
Torque testing device
being utilized by the
manufacturer,
Kawneer.
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Photograph #29
Exterior sealant not
installed at the jamb of
the curtainwall system.
Photograph #30
Two different colors of
sealant at the jamb of
the curtainwall system
at the northeast side of
the building.
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Photograph #31
Cover for the
pressure bar not
installed.
Photograph #32
Areas of main roof with
large openings under
the insulation.
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Photograph #33
Access to the west side
roof not provided.
Photograph #34
Overview of the canopy
low sloped roof, missing
installation of means of
drainage.
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Photograph #35
Bridging membrane at
the valley.
Photograph #36
Bridging membrane at
the valley.
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Photograph #37
Metal coping at the
west side of the
building slopes towards
the building. Missing
sealant joint between
the coping and
curtainwall system.
Photograph #38
Missing sealant joint
between the coping
and curtainwall system
at the west side of the
building.
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Photograph #39
Wrinkles at the roof
membrane at the
parapet wall at the
northeast side.
Photograph #40
Roof membrane
terminates vertically at
the roof hatch.
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Photograph #41
Close up view of the
gap in parapet wall
metal coping.
Photograph #42
Metal coping gaps and
missing joint cover at
the south side of the
building.
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Photograph #43
Missing flashing at the
pipe penetration on the
north side.
Photograph #44
Missing drain ring at
the west side of the
building.
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Photograph #45
Exploratory opening of
the floor slab water
proofing assembly to
expose the gaps in
lapping.
Photograph #46
Slab on grade chipped
off to accommodate
the steel column.
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837 Shaw Road • Stockton, CA 95215
Telephone (800) 511-9300 • Fax (888) 445-8786
09 March 2023
Project No. 23-7121
Mr. Mohammad Sadiq
CITY OF STOCKTON – PUBLIC WORKS
Stewart-Eberhardt Building
22 East Weber Avenue, Suite 301
Stockton, CA 95202
Subject: Post-Remediation Visual and Moisture Testing Clearance Report
NORTHEAST STOCKTON LIBRARY AND COMMUNITY CENTER
NW Corner of West Lane and East Morada Way, Stockton, California Dear Mr. Sadiq:
AdvancedGeo, Inc. (AGI), conducted a post-mold remediation visual inspection and moisture meter testing of the seven (7) mold/fungus areas that were remediated by a licensed remediation contractor at the new Northeast Stockton Library and Community Center on the northwest corner of West Lane and East Morada Way, Stockton, California (Site). The inspection and sampling were conducted on 06 March 2023 by Ms. Rebecca Natal of AGI.
1.0. BACKGROUND
The building is currently under construction with portions of the exterior partially completed. Several areas within the building were impacted by water intrusion during the recent rain events. The general contractor (GC) had indicated the presence of suspect mold in several locations in the library and community areas of the building and was planning to remove the affected materials. During the moisture and mold investigation AGI found seven areas throughout the building that was impacted by water intrusion resulting in mold growth. The identified mold growth was remediated by a licensed mold remediation contractor S & R Environmental on 03 March 2023. On 06 March 2023 AGI conducted a visual inspection of the remediated areas as well as moisture testing of the remaining finish materials at the seven locations that were identified for remediation. The following scope of work was performed:
2.0 SCOPE OF WORK
The following scope of work was performed:
Appendix B
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09 March 2023
Project No. 23-7121
x AGI conducted post-remediation inspection and testing on 06 March 2023 upon the completion of mold remediation activities by licensed contractor. AGI conducted a visual inspection and moisture meter testing of the remaining finish materials in the remediated locations to determine if the finish materials were sufficiently dry prior to rebuilding.
x Preparation of this a post-remediation inspection and moisture testing report.
3.0. MOISTURE TESTING METHODOLOGY
3.1. VISUAL OBSERVATIONS
AGI conducted a post remedial visual inspection of each of the remediated areas of the Stockton Northeast New Library building that were identified to have been impacted by water intrusion, water damage and /or mold growth.
3.2. MOISTURE METER MEASUREMENTS
AGI collected moisture meter measurements of the remaining finish materials in the remediated areas that were included in the Moisture Inspection, Assessment and Suspect Mold Testing Report by AGI dated 14 February 2023. The purpose of measuring moisture levels is to determine whether excessive moisture is present in the remaining finish materials, beyond which is considered typical moisture for a particular substrate.
The moisture measurements were collected using a Delmhorst BD 2100, pin type moisture meter. The BD 2100 has specific settings for measuring moisture content in different building materials including wood, plaster gypsum wall board. Gypsum wallboard readings between 0.0% and 0.5% indicate a desirable dry moisture level; gypsum readings between 0.6% and 1.0% indicate a borderline moderate moisture condition; and gypsum readings greater than 1.0% indicate that the material is too wet for most applications. Wood readings between 5.7% and 15.0% indicate a sufficiently dry moisture level; wood readings between 15.1% and 17.9% indicates a moderate moisture condition; wood readings 1 above 18.0% may be too wet for most building construction applications.
Additionally, AGI used an FLIR infrared (IR) instrument to assist in determining if moisture is present in inaccessible spaces such as ceilings or on locations higher up on walls. The IR instrument shows building finish materials that is impacted by water with a colorized image on the screen. The wet finish materials are colder than the surrounding dry materials due to evaporation and is shown on the screen as areas of blue or green as opposed to dryer hotter materials that is shown in pink to yellow colors on the instrument screen.
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Project No. 23-7121
4.0. FINDINGS AND OBSERVATIONS
The following summarizes the visual findings and moisture meter test results in percent (%) content in the remaining wall finish materials in the remediated areas on 06 March 2023.
Maker Activity Space - Northeast Corner
x Drywall wall finish removed from the east wall floor up to 2 feet for a total 6 square feet.
x Remaining finish materials moisture content 0.3-0.4%. x Rust stains on concrete floor near base of wall by sill plates. x Metal framing had biocide or fungicide applied to it.
Children’s Area
x Drywall finish removed from four areas of the east wall approximately 40 square feet.
x Remaining finish materials moisture content 0.2-0.4%. x Rust stains on concrete floor near base of wall by sill plates x Metal framing had biocide or fungicide applied to it.
Study B Southwest Corner
x Small amounts drywall removed from the base of the wall by the window approximately 2 sq. ft.
x Remaining finish materials moisture content 0.3%.
x Rust stains on concrete floor near base of wall.
Administration Area South Wall
x Drywall removed from under the south window approximately 36 square feet. x Remaining finish materials moisture content 0.3-0.4%. x Rust stains on metal sill plates.
Administration Area West Wall
x Drywall removed from base of the west wall approximately 9 square feet. x Remaining finish materials moisture content 0.4%.
x Rust stains on metal sill plates.
EXHIBIT 1
711
09 March 2023
Project No. 23-7121
Office A West Wall
x Drywall removed from under the window on the south wall approximately 6 square feet.
x Remaining finish materials moisture content South wall: 0.2-0.4%, West wall 0.2-
0.4%.
x Rust stains on metal sill plates at both south and west walls
5.0. CONCLUSIONS & RECOMMENDATIONS
The visual inspection of the remediated areas of the building did not indicate any visual mold amplification conditions in any of the locations inspected.
The moisture testing of the remaining wall finishes determined that the remaining gypsum wallboard finishes in the areas locations where mold growth was identified were sufficiently dry and do not have moisture conditions conducive for mold or fungal growth.
6.0. LIMITATIONS
The moisture assessment and testing performed by AGI was limited to the areas with the potential of having possible water intrusion as indicated by the Client, or their representative and are further limited to locations that are accessible at the time of inspection. Destructive and/or invasive inspections are not generally within the scope of our investigation. Olfactory evaluation is subjective in nature and may vary per inspector.
AGI has performed the tasks set forth above in a thorough and professional manner consistent with industry standards, commonly practiced by the industrial hygiene community. AGI cannot guarantee and does not warrant that this limited assessment has revealed all adverse environmental conditions affecting the site.
The intent of recommendations contained herein conform to general industry practices for the proper assessment and mitigation/prevention of moisture and/or mold involving indoor environments. Findings and recommendations given herein are professional opinions based on our field observations, information supplied by the client, moisture testing results, published industry standard practices, procedures, and level of care, and/or other sources of information, and do not purport to refer to, or guarantee, compliance with local, state, or federal regulations that may be applicable to such practice and conditions.
AGI cannot guarantee that conditions observed were representative of all surfaces (even those hidden, inaccessible, or otherwise) in the concern areas investigated. This report should not be considered a definitive listing of all existing hazards nor an absolute solution to all indicated concerns or hazards. No responsibility for the implementation, EXHIBIT 1
712
09 March 2023
Project No. 23-7121
management, and operation of environmental, health, and safety compliance procedures is assumed by AGI. The results and opinions set forth by AGI are based on the information in our possession as of the date of this report. It is the responsibility of the property owner to disclose the relevant history of the site. AGI cannot assume responsibility for investigation of any unknown issues that are not brought to our attention prior to the commencement of the survey.
AGI appreciates this opportunity to be of service. If you have any questions regarding the information contained in this report, feel free to call our office at (800) 511-9300.
Sincerely,
AdvancedGeo, Inc.
Sam Seneviratne Robert D. Loeffler, P.G.
Senior Industrial Hygienist Senior Geologist
CA Professional Geologist No. 6709
Attachments:
Appendix A: Photo Log of Relevant Photographs
EXHIBIT 1
713
Nationwide Capabilities
Telephone (800) 511-9300 • Fax (888) 445-8786
Photographic Log - Visual Clearance 06 March 2023
Project Name: Site Location: Project No.:
City of Stockton - New Library
Building
Northwest Corner of West Lane
and East Morada Way
Stockton, California
23.7121
Photo No. 1
Description:
Maker Activity Space -
Northeast Corner
Photo No. 2
Description:
Children’s Area Northeast
Corner
EXHIBIT 1
714
Nationwide Capabilities
Telephone (800) 511-9300 • Fax (888) 445-8786
Photographic Log - Visual Clearance 06 March 2023
Project Name: Site Location: Project No.:
City of Stockton - New Library
Building
Northwest Corner of West Lane
and East Morada Way
Stockton, California
23.7121
Photo No. 3
Description:
Children’s Area Northeast
Corner and East Wall
Photo No. 4
Description:
Study B Southwest Corner
EXHIBIT 1
715
Nationwide Capabilities
Telephone (800) 511-9300 • Fax (888) 445-8786
Photographic Log - Visual Clearance 06 March 2023
Project Name: Site Location: Project No.:
City of Stockton - New Library
Building
Northwest Corner of West Lane
and East Morada Way
Stockton, California
23.7121
Photo No. 5
Description:
Administration Area South Wall
Photo No. 6
Description:
Administration Area West Wall
EXHIBIT 1
716
Nationwide Capabilities
Telephone (800) 511-9300 • Fax (888) 445-8786
Photographic Log - Visual Clearance 06 March 2023
Project Name: Site Location: Project No.:
City of Stockton - New Library
Building
Northwest Corner of West Lane
and East Morada Way
Stockton, California
23.7121
Photo No. 7
Description:
Office A West Wall
EXHIBIT 1
717
Photographic Log
Project Name: Site Location: Project No.:
City of Stockton - New Library
Building
Northwest Corner of West Lane
and Ronald E. McNair Way
Stockton, California
23.7121
Photo No. 1
Description:
Children’s Area east wall
Photo No. 2
Description:
Children’s Area East wall near
window - Foreground
EXHIBIT 1
718
Photographic Log
Project Name: Site Location: Project No.:
City of Stockton - New Library
Building
Northwest Corner of West Lane
and Ronald E. McNair Way
Stockton, California
23.7121
Photo No. 3
Description:
Evidence of rust due to
prolonged wet conditions
Children’s Area East wall near
window
Photo No. 4
Description:
Evidence of rust due to
prolonged wet conditions
Children’s Area East wall near
window
EXHIBIT 1
719
Photographic Log
Project Name: Site Location: Project No.:
City of Stockton - New Library
Building
Northwest Corner of West Lane
and Ronald E. McNair Way
Stockton, California
23.7121
Photo No. 5
Description:
Administrative Area-Office A,
west wall behind metal support
Photo No. 6
Description:
Administrative Area-Office A,
west wall behind metal support
EXHIBIT 1
720
Photographic Log
Project Name: Site Location: Project No.:
City of Stockton - New Library
Building
Northwest Corner of West Lane
and Ronald E. McNair Way
Stockton, California
23.7121
Photo No. 7
Description:
Evidence of rust due to
prolonged wet conditions -
Administrative Area-Office A,
west wall behind metal support
EXHIBIT 1
721
Northeast Stockton Library
DRAFT Waterproofing Leak Investigation Report
July 21, 2023
APPENDIX C - LIMITATIONS
Walker’s scope is from a waterproofing standpoint only. Therefore, our scope and services do not include civil, landscaping, structural, mechanical, electrical, plumbing, energy, aesthetics, ADA/accessibility, or other scope outside of roofing.
This report contains the professional opinions of Walker Consultants based on the limited conditions observed as of the date of our site visit and documents made available to us by the Client. This report is believed to be accurate within the limitations of the stated methods for obtaining information.
It should be noted that our recommendations are conceptual in nature. As a result, this report does not provide specific repair details or methods, construction contract documents, material specifications, or details to develop the construction cost from a contractor.
Based on the agreed scope of services, the assessment was based on certain assumptions made on the existing conditions. Some of these assumptions cannot be verified without expanding the scope of services or performing additional invasive procedures on the structure. More detailed and invasive testing may be provided by Walker Consultants as an additional service upon written request from Client.
The recommended repair concepts outlined represents current generally accepted technology. This report does not provide any kind of guarantee or warranty on our findings and recommendations. Our assessment was based on and limited to the agreed scope of work. We do not intend to suggest or imply that our observation has discovered or disclosed latent conditions or has considered all possible improvement or repair concepts.
A review of the facility for Building Code compliance and compliance with the Americans with Disabilities Act (ADA) requirements was not part of the scope of this project. However, it should be noted that whenever significant repair, rehabilitation or restoration is undertaken in an existing structure, ADA design requirements may become applicable if there are currently unmet ADA requirements.
Similarly, we have not reviewed or evaluated the presence of, or the subsequent mitigation of, hazardous materials including, but not limited to, asbestos and PCB.
Failure to make repairs recommended in this report in a timely manner using appropriate measures for safety of workers and persons using the facility could increase the risks to users of the facility and its occupants. Walker cannot be held responsible for personal injury and property damage caused by a lack of protection or repairs.
July 28, 2023
EXHIBIT 1
722
EXHIBIT F
Slab Proposal
EXHIBIT 1
723
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Option1 :
- Patch the floor per this drawings.
- Grind 3/8" for storefront installation.
- Remove spall area and replace with the new concrete.
Apply bonding agent between new and existing concrete.
Fill in area
with Ardex
Grind 3/8"
EXHIBIT 1
724
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6
6ft
37ft
Option 2:
- Replace the slab per gray mark as requested in BAGG report. - Remove and reinstall the pony wall and storefronts. The other walls will be shored.
- Patch the remaining floor per this drawings.
- Grind 3/8" for storefront installation.
- Remove spall area and replace with the new concrete. Apply bonding agent between new and existing concrete.
Fill in area
with Ardex
Grind 3/8"
Remove and replace concrete
EXHIBIT 1
725
EXHIBIT G
Roof/Structural Repair Plan
EXHIBIT 1
726
4301 Bettencourt Way, Union City, CA 94587
Tel: (510) 780 - 2807 -- Fax: (310) 436-1750 -- Email: [email protected] CSLB #921239
August 29, 2024
Roof Repair Methodology
Because of the fire within in room 113 (Maker Room), the roof system, metal deck, and the steel structures are damaged and require replacement.
The structure was inspected by Ficcadenti Waggoner and Castle Structural Engineers and the report is in appendix A.
To remediate the damage and then dry-in the building, the below steps need to be taken:
Step 1: All of the equipment that is attached to the underside of the metal deck and the structure requires removal. The scope includes but is not limited to:
- Electrical Conduit
- Electrical boxes
- Lighting
- Fan coil unit
- Control system
- Unistrut ceiling grid
- Fire sprinkler pipes
- Roof drain
- Roof drainpipe
The Photos in Appendix B show part of this scope.
Step 2: Remove roofing system from the top of the metal deck. The scope includes but is not limited to:
- Roof drain
- Roof Membrane
- Cover board
- Roof insulation
- Roof tapered insulation at the edge of building
- Vapor barrier
- 5/8” gypsum board
- Skylight framing
Appendix C shows all these components.
EXHIBIT 1
727
4301 Bettencourt Way, Union City, CA 94587
Tel: (510) 780 - 2807 -- Fax: (310) 436-1750 -- Email: [email protected] CSLB #921239
Step3: Remove metal deck. The scope includes but is not limited to:
- Remove screws on deck-to-deck connections
- Cut the deck next to puddle welds
- Remove the deck
- Grind deck to structure puddle weld
Appendix D shows all these welds and screws.
Step 4: Remove three beams and 8 angles. The scope includes but is not limited to:
- Hold the beams with any means
- Remove bolts
- Cut welds and the bolts that we couldn’t remove
- Remove the beams
Appendix E shows all these welds and bolts.
Step 5: Install new structure per approved product data and shop drawings. Appendix F shows the beams that were installed during construction.
Step 6: Install metal deck per approved product data and shop drawings. The scope includes but is not limited to:
- Layout the metal deck
- Screw deck-to-deck connections
- Puddle weld deck to structure
Appendix G shows the beams that were installed during construction and the detail.
Step 7: Cut openings and install:
- Roof drain
- Skylight curb
Appendix H shows photos from the construction period.
Step 8: Install roof system per approved product data and shop drawings. The scope includes but is not limited to:
EXHIBIT 1
728
4301 Bettencourt Way, Union City, CA 94587
Tel: (510) 780 - 2807 -- Fax: (310) 436-1750 -- Email: [email protected] CSLB #921239
- 5/8” gypsum board
- Vapor barrier
- Roof tapered insulation at the edge of building
- Roof insulation
- Cover board
- Roof Membrane
Appendix I shows photos from the construction period.
EXHIBIT 1
729
Appendix A
EXHIBIT 1
730
August 16, 2024
Omid Ronaghinia
Patriot Contracting, Inc.
19031 S. Hamilton Avenue
Gardena, CA 90248
310-436-1740
RE: NE Stockton Library Fire Damage
FWC Job No: B24-199
Dear Omid:
On August 8, 2024, we visited the subject property for the purpose of evaluating the damage to the structure caused by a fire that occurred last year. The building was almost completed and then abandoned in 2023. The fire occurred that year and is now being evaluated for the purpose of determining how to repair the structure as part of the building completion.
DESCRIPTION OF PROJECT
The building is a one-story steel framed structure with slab on grade foundation. It started construction in or around 2021 and was in the last stages of completion when it was abandoned in 2023. During the time it was not occupied a fire broke out in the Northeast corner. The fire was contained to Maker/Activity Space (Room 113).
INVESTIGATION
Our investigation consisted of the following:
x A site visit on August 8, 2024 to visually observe the damage to the structure x A review of original structural plans for the building dated 5/5/20 by Siegfried Engineering, Inc.
x Review of original architectural plans dated 5/5/20 by Architectural NEXUS, Inc.
FINDINGS
The building structure is in new condition overall and appears to be complete. The structural damage from the fire is limited to the Northeast corner of the structure, although smoke and heat damage to architectural elements were present in a large portion of the building. This report only deals with the structural damage.
The heat of the fire was enough to expand the steel roof beams and metal roof deck in the area around the Maker Activity Space (Room 113). The signs of heat include melting of non-metallic architectural components, blistering and burning of paint, and distortion of structural elements.
EXHIBIT 1
731
Structural Engineering Report
NE Stockton Library Fire Damage, Stockton, CA
August 16, 2024
Figure 1 – Warping of Steel Roof Beam and Deck
Figure 2 – Buckling of Aluminum Mullion
EXHIBIT 1
732
Structural Engineering Report
NE Stockton Library Fire Damage, Stockton, CA
August 16, 2024
Figure 3 – Spalling of Concrete Slab
The expansion of steel caused buckling of the roof deck and twisting of the steel beams in the area most affected by the heat. This bucking is the result of restraint of expansion. Three steel beams are twisted and a section of steel roof deck has buckled as shown in Figure 1. The structural damage was limited to the areas identified in Figure 4. Beams and deck outside this area do not show signs of distress and do not appear to have been heated sufficiently to cause structural damage.
The concrete slab on grade was cosmetically damaged due to heat and melting of plastics. See Figure 3. A few small spalls are present in the slab and plastic is melted onto the slab. This damage will not structurally affect the function of the slab. No structural remediation is required although some filling of the slab may be necessary prior to finish material being adhered to it.
The Unistrut grid in the Maker/Activity Room is architectural in nature but is worth noting in this report. It has experienced severe heat as demonstrated by the change in finish appearance.
The grid itself is still structurally adequate for its intended purpose. However, the finish has been damaged and it may be more economical to replace than refinish. Either replacement or refinishing are structurally acceptable. Of course, the grid will need to be taken down and reset as part of the roof structure repairs.
The aluminum window mullions also have finish damage. One mullion was buckled due to thermal expansion and softening. See Figure 2. This window mullion will need to be replaced.
It is likely all heat affected window frames would need to be replaced due to finish damage including melting of gaskets and glass breakage.
EXHIBIT 1
733
Structural Engineering Report
NE Stockton Library Fire Damage, Stockton, CA
August 16, 2024
To repair the building back to its original design strength we suggest that the steel beams identified with red squares in Figure 4 be replaced and the roof deck areas outlined in yellow be replaced as well. The steel beam and roof deck specifications including connections should be identical to the original structural design drawings. The damaged beams, deck and fasteners should not be reused. These repairs can likely be done as part of the original permit since it may not have been closed yet. The building structure should be reinspected after the deck and beams are replaced.
Figure 4 - Plan of Steel Framing and Decking to be Replaced EXHIBIT 1
734
Structural Engineering Report
NE Stockton Library Fire Damage, Stockton, CA
August 16, 2024
SUMMARY
The structure has experienced damage as a result of a fire in the Northeast corner of the building. The fire heated the steel roof beams and metal deck in the area immediately adjacent to the fire. Three main roof beams and some miscellaneous steel roof members that frame two openings in the deck should be removed and replaced. Also, the roof deck in the yellow shaded areas of Figure 4 should be replaced. The steel beams and deck can be replaced with the same specification and connections identified in the original structural plans. The concrete slab on grade was only cosmetically damaged. Other architectural elements were damaged by either fire, heat or smoke in the immediate area and further away in the building. This report only deals with the structural elements.
The above conclusions are based upon available information. FWC did not perform a complete review of the structural design of the buildings. Our work was performed in accordance with the level of skill and care performed by other professionals under similar circumstances. No other warranty or guarantee is intended or provided. Should additional information be provided to us our conclusions may need to be modified.
Sincerely,
FICCADENTI WAGGONER and CASTLE
Structural Engineers
Thomas A. Castle, S.E.
Principal
EXHIBIT 1
735
Appendix B
EXHIBIT 1
736
Appendix B
Electrical
Conduits
Electrical
lights
Fire Sprinkler
line
Unistrut
Ceiling
Roof Drain
EXHIBIT 1
737
Appendix B
Sprinkler pipe
attachment
Electrical conduit, box and
lights
EXHIBIT 1
738
Appendix B
Unistrut
Ceiling
Mechanical
Unit
Low voltage
boxed
Damaged Metal
Deck
Damaged steel structure
EXHIBIT 1
739
Appendix B
Mechanical Unit
and Duct work
Electrical and
control system
Light
EXHIBIT 1
740
Appendix C
EXHIBIT 1
741
COVER BOARD
METAL DECK; COORDINATE WITH
STRUCTURAL
SINGLE-PLY ROOFING MEMBRANE
5/8" GYPSUM
SHEATHING
ROOF VAPOR BARRIER, SELF
ADHERING WITH SHEET METAL
BRIDGING AT LAP JOINTS PER
MANUFACTURER'S
REQUIREMENTS
5" RIGID INSULATION
SLOPE 1/2":1'-0"
CLASS A ASSEMBLY
R=29.3
Appendix C
All should be removed
EXHIBIT 1
742
11 B
10 07:MS2
05:MS2
05:BR1
22:RO1
1/4" / 1'-0"
07:TI3
A511
B6
22:SO2
07:PC2 08:SO2
TYP. OF 2 08:SO2
7' - 1"
7' - 1"
6' 3"
- 0"
TYP OF 6
Appendix C
Remove roof
drain
Remove
tapered
insulation
Remove roofing
system in this
area entirely
EXHIBIT 1
743
Appendix C
Remove roof
drain
Remove
tapered
insulation
Remove roofing
system in this
area entirely
EXHIBIT 1
744
Appendix D
EXHIBIT 1
745
Grind puddle welds
Appendix D
Remove screws
Cut the deck
EXHIBIT 1
746
Appendix E
EXHIBIT 1
747
Appendix E
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Steel structure that should be replaced, is highlighted EXHIBIT 1
748
Appendix E
Remove bolts
EXHIBIT 1
749
Appendix E
Remove bolts
Cut welds
EXHIBIT 1
750
Appendix F
EXHIBIT 1
751
Appendix F
Beams that will be reinstalled
Photo from the construction period
EXHIBIT 1
752
Appendix G
EXHIBIT 1
753
Appendix G
Metal Deck
Photo from the construction period
EXHIBIT 1
754
Appendix H
EXHIBIT 1
755
Appendix H
Photo from the construction period
EXHIBIT 1
756
Appendix I
EXHIBIT 1
757
Photos from the construction period Appendix I
5/8” gypsum board
Vapor barrier
EXHIBIT 1
758
Appendix I
Photos from the construction period
Insulation
Cover board & Insulation
EXHIBIT 1
759
4301 Bettencourt Way, Union City, CA 94587
Tel: (510) 780 - 2807 -- Fax: (310) 436-1750 -- Email: [email protected] CSLB #921239
August 30, 2024
Water Intrusion Behind Sheet Metal Flashing
Water intrusion issue has been reviewed by Allana Buick & Bers (ABB) which you can find attached (Appendix A) a copy of their “Opinion/Recommendation Letter”. As the letter states, the absence of a sheet metal flange or sealant is the main cause of water intrusion.
A mockup was performed at the jobsite that you can find pictures in appendix B.
To remediate the damage and then dry-in the building, the below steps need to be taken:
Step 1: Cut sheet metal flashing to be able to remove it for accessing the issue location.
EXHIBIT 1
760
4301 Bettencourt Way, Union City, CA 94587
Tel: (510) 780 - 2807 -- Fax: (310) 436-1750 -- Email: [email protected] CSLB #921239
Step 2: Remove sheet metal; Cut and remove rigid insulation to reach behind the sheet metal flashing.
Step 3: Apply sealant (Vaprobod) between sheet metal flashing and weather barrier to stop water intrusion. Install backer rod if the gap is large and it is necessary.
EXHIBIT 1
761
4301 Bettencourt Way, Union City, CA 94587
Tel: (510) 780 - 2807 -- Fax: (310) 436-1750 -- Email: [email protected] CSLB #921239
Step 4: Water test. Apply water per ASTM E-1105-19 around the sheet metal and visually inspect inside the building to assure watertightness.
Step 5: Install rigid insulation and apply aluminum to hold it in place. Install double sided tape (3M VHB) for the next step.
Step 6: Field measure the openings and fabricate l angle sheet metal and attach it to the existing metal with double sided tape (3M VHB)
EXHIBIT 1
762
EXHIBIT 1
Appendix A
763
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764
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-RKQ0RHOOHQKRII%(&[3(XJHQH%XLFN3( 6HQLRU&RQVXOWDQW6HQLRU3ULQFLSDO&22 EXHIBIT 1
765
EXHIBIT 1
Appendix B
766
EXHIBIT 1
767
EXHIBIT 1
768
EXHIBIT 1
769
4301 Bettencourt Way, Union City, CA 94587
Tel: (510) 780 - 2807 -- Fax: (310) 436-1750 -- Email: [email protected] CSLB #921239
August 30, 2024
Concrete Slab Remediation
The concrete slab remediation has been proposed in four sections:
- Slab flatness repair
- Concrete high point
- Void under the slab
- Concrete Spall
Slab Flatness Repair: Repair locations are shown in Appendix A. The repair procedure is to float the low spots by using a thin overlay of cementitious materials. The thickness of the overlay does not need to be greater than ¼ in. to repair the worst locations. Most repair locations will only require an overlay thickness of 1/8 in. This is sufficient to bring the flatness to within the specification requirement.
The proposed repair material is Ardex K15. A primer, Ardex P51, will be applied to the concrete prior to application of K15. Ardex K15 is widely used by the concrete community and has a strong history of success. Product literature is attached in Appendix B.
Concrete High Point Repair: There is only one high point location which will be grinded per ACI 302.1R, Section 10.14, which states “Grinding can be used to repair certain surface defects.
Grinding has been used successfully to repair the following kinds of problems: a) unacceptable flatness and levelness, b) curled joints,” and other conditions.
Void Under the Slab: The slab along each side of the construction joint between Pours #2 and 3 will be stabilized by filling the void under the slab. The void was caused by curling. Polyurea foam will be injected into the void. This is a standard procedure developed by the concrete industry, primarily for warehouse slabs, to fill voids under a slab. A recommended product is Spal-Pro Stabilizer EXP by Metzger/McGuire. Product literature is attached in Appendix C. Holes of 3/8 inch diameter are drilled approximately 3 ft. apart and the polyurea is injected under low pressure.
Concrete Spall: Only one location of the spell is identified. A repair for the slab is to remove the spall area and replace it with new concrete provide an 1/8-in gap between pours#1 and 2. Use a bonding agent between the existing and new concrete. No dowels or tie bars are required at the repair surface. There will be no significant live loads crossing the spall location. Bonding agent literature is attached in Appendix D.
EXHIBIT 1
770
EXHIBIT 1
Appendix A
771
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EXHIBIT 1
Concrete spall area
772
EXHIBIT 1
Appendix B
773
ARDEX K 15®
Choose the Benchmark - ARDEX K 15® is the original and the most specified self-leveler in North America.
Install over: interior concrete, terrazzo, ceramic and quarry tile, epoxy coating systems, wood, metal and non-water soluble adhesive residue on concrete; can be installed over concrete treated with certain curing compounds
Key Features
• Formulated with a special blend of polymers
• Can be installed over wood or metal to a
thickness of 1/2’’ (12.7 mm)
• Pourable with the ROVER® Rolling Barrel Cart;
Pumpable with the AMP® Automatic Mixing Pumps
• Interior use
• Use on, above or below grade
• Mixes with water
Installation
• General priming recommendations:
• Concrete: ARDEX P 51TM Primer
• Most non-porous substrates, epoxy coatings,
adhesive residue: ARDEX P 82TM Ultra Prime
• Over metal: ARDEX EP 2000™ Substrate Preparation Epoxy Primer • Packaging: 55 lb. (25 kg)
• Coverage: 30 sq. ft. per bag at 1/4” (2.8 m2 at 6 mm) • Thickness:
• Levels at 1/4” (6 mm)
• Installs from 1/8” to 1 1/2” (3 mm to 4 cm) neat
• Up to 5” (13 cm) with aggregate
• Can be tapered
• Flow time: 10 minutes
• Walkable: 2 to 3 hours
• Install floor coverings:
• Moisture-insensitive tile and stone: 6 hours
• All other floor coverings: 16 hours
Performance
• ASTM C191 Initial Set: Approx. 30 minutes
• ASTM C191 Final Set: Approx. 90 minutes
• ASTM C109 mod (air cure only) Compressive
Strength: 5500 psi (386 kg/cm2) at 28 days
• ASTM C348 Flexural Strength:
1200 psi (84 kg/cm2) at 28 days
• VOC: 0
Premium Self-Leveling
Underlayment
SUBSTRATE
PREPARATION
888-512-7339
+1-724-203-5000
www.ardexamericas.com
AF128 12/15
For easy-to-use ARDEX Product Calculators and Product
Information On the Go, download the ARDEX App at the
iTunes Store or Google play.
Refer to the technical data sheet at www.ardexamericas.com or call 888-512-7339 prior to installation. For free ARDEX product training, click on ARDEX Academy.
© 2015 ARDEX Engineered Cements, L.P. All rights reserved.
EXHIBIT 1
774
ARDEX Primers
AF 133 11/14
ARDEX PRIMERS
Key Features
• Solvent-free
• Concentrated primer - dilutes with water
• Seals the substrate
• Interior use
Installation
• Packaging: 1 gallon (3.79 L) plastic bottle /
4 gallon (15.14 L) plastic pail
• Coverage: 400 to 600 sq. ft. per gallon
(37 to 55 m2)
• Dry time: Min. 3 hours, max. 24 hours;
1 to 3 hours between coats if double priming
Performance
• VOC: 0 g/L
Key Features
• Solvent-free
• Waterborne two-component
• Seals the substrate
• Interior use
Installation
• Packaging: Two 1/2 gallon containers (1.89 L)
• Coverage:
• 300 to 400 sq. ft. per gallon over wood substrates
• 400 to 500 sq. ft. per gallon over burnished
concrete and over ceramic and quarry tile
• 500 to 600 sq. ft. per gallon over epoxy, metal, and
other smooth, non-porous surfaces
• Dry time: Min. 3 hours, max. 24 hours
Performance
• VOC: 0 g/L
Install over: standard absorbent dry concrete
substrates and other substrates in specialized
applications; over wood use ARDEX GS-4™ or
ARDEX Liquid BackerBoard®. Non-porous substrates
must be primed with ARDEX P 82TM Ultra Prime.
Install over: smooth, non-absorbent substrates
such as ceramic and other stone tiles, terrazzo,
epoxy and metal decking; ARDEX P 82 is also used
over wooden subfloors, including plywood and
strip wood, as well as over cutback and other
non-water-soluble adhesive residues.
888-512-7339
+1-724-203-5000
www.ardexamericas.com
Improves the adhesion of ARDEX products. Specific substrate preparation requirements are provided in the individual Technical Brochures for each ARDEX product.
ARDEX P 51TM ARDEX P 82TM
EXHIBIT 1
775
EXHIBIT 1
Appendix C
776
Injectable High Density Polyurethane
Foam For The Correction of
Deflecting Concrete Slabs
TECHNICAL DATA SPSEXP-1
Customer Service - (800) 223-MM80 - Technical Assistance &.BJMJOGP!NFU[HFSNDHVJSFDPNt8FC4JUFXXXNFU[HFSNDHVJSFDPN Revised 09/15
1. Product Name 7. TECHNICAL PROPERTIES Spal-Pro Stabilizer EXP
2. Manufacturer
METZGER/MCGUIRE
PO Box 2217 Concord, NH 03302 (USA) Phone: 603-224-6122 Fax: 603-224-6020 Web: www.metzgermcguire.com
3. Product Description
Composition
Spal-Pro Stabilizer EXP is a rapid-setting, two-component hydrophobic polyurethane foam. When cured, Spal-Pro
Stabilizer EXP is a rigid closed cell structural foam which resists moisture and vapor transmission.
Basic Use
Spal-Pro Stabilizer EXP is used to correct conditions where concrete slabs deflect and/or rock when subjected to material handling vehicle loads. This condition is usually the result of slab curl or various subgrade/sub-base deficiencies.
Once injected into the voids beneath the slab, Spal-Pro Stabilizer EXP expands six to eight times its original dimension, and cures into a rigid, high density foam which fully supports the slab load, and reduces or eliminates deflection within 45 minutes of installation. Spal-Pro Stabilizer EXP has an installation and service temperature range of 38°F (3°C) to 100°F (38°C).
4. Correct Installation
Corrective procedures may vary due to conditions (severity of curl, degree of deflection, joint edge spalling, etc.). Contact Metzger/McGuire for assistance in determining best methods for slab stabilization.
5. Limitations
Spal-Pro Stabilizer EXP is not designed for use where subgrade temperatures are below 38°F (3°C). For below-freezing conditions, Spal-Pro Stabilizer should be considered, though special procedures (heated pump system, etc.) are required for below-freezing installations.
6. Color and Packaging
Standard color is opaque gray. Spal-Pro Stabilizer EXP is available in 10 gallon (US) kits (1-5 gallon pail Part A, 1-5 gallon pail Part B), 110 gallon (US) kits (1-55 gallon drum Part A, 1-55 gallon drum Part B) for bulk dispensing machines, and 1500 ML (750:750) dual-cartridge kits for dispensing with manual or pnuematic dual gun.
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There are no government, trade or ASTM standards for this product or its intended use.
9. USDA/FDA Approval
Spal-Pro Stabilizer EXP is acceptable for use in floors subject to USDA and FDA inspection and regulation.
10. ADVANTAGES
tSpal-Pro Stabilizer EXP has a high compressive strength for optimum support of slabs-under-load.
tSpal-Pro Stabilizer EXP is a rapid-setting material which enables an early return of traffic to distressed slabs. tSpal-Pro Stabilizer EXP has a medium viscosity to allow for easier injection and better penetration into narrow voids below slab.
tSpal-Pro Stabilizer EXP is insensitive to grade moisture from water infiltration of scrubbing operations.
tSpal-Pro Stabilizer EXP actively uses subgrade materials in cured structure.
tSpal-Pro Stabilizer EXP uses no CFC’s or HFC’s to
develop its dense foam structure.
tSpal-Pro Stabilizer EXP comes with a “legacy.” For more than 35 years Metzger/McGuire has been the unequaled
leader in floor slab protection and correction.
TEST METHOD RESULTS*
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-#4
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7*4$04*5:
.*9&% DQT
REACTION TIME/POTLIFE 65 secs.
SET TIME 4-6 mins.
%&/4*5: QDG
COMPRESSION ASTM 1621 115 psi
5&/4*-&453&/(5) "45. MCT
&91"/4*0/3"5&
5:1*$"-
* Properties shown are typical, but will vary from project to project depending upon various factors including foam mass, temperature and dispensing method.
Expansive High
Density Grade Foam
EXHIBIT 1
777
4QBM1SP4UBCJMJ[FS&91 5FDIOJDBM%BUB4IFFU 414&91 Revised 09/15
'BYt&.BJMJOGP!NFU[HFSNDHVJSFDPNtXXXNFU[HFSNDHVJSFDPN
11. Product Installation
The following instructions are abbreviated. Complete instructions and technical assistance are available by contacting Metzger/McGuire directly. Incorrectly injecting a slab with expansive foams may result in raising or lifting the slab. Knowledgeable planning and precautions are important.
Determine the average size of the void being filled. This can be accomplished via a 3 lb. sounding hammer, a core drill, a hammer drill, a snake type video camera, or an echo sounding device. Once the cavity size is established, injection holes should be mapped out.
We recommend hammer drilling 3/8” (10 mm) holes through the slabs. The distance and pattern of the injection holes should be based on void size as well as pump/cartridge output. A general rule of thumb for injecting expansive foams is to drill the injection holes within the first 1/3 of the slab void, starting from the joint.
The distance between ports will depend on pump output and void size. This adjustable method should be based on a per joint, per job basis, as each floor will vary. In general, we do not recommend spacing the injection holes further than 36” apart, regardless of pump output. We also highly advise drilling 3/8” (10 mm) diameter pilot relief holes every 24” within the joint itself. These holes are designed to relieve any extra built-up pressure from the injection process, as well as provide an exit for any residual air or excess water. Once a spacing pattern has been selected and relief holes drilled, we highly recommend performing work on a sample area to confirm the foam penetration and linear reach. Failure to do so can result in either an under-injected void or potentially an over injected/raised slab. Refer to Installation Instructions or call Metzger/McGuire technical support at (800)223-6680.
Due to its rapid pot life (approximately 1 minute) Spal-Pro Stabilizer EXP should be placed via a dual-component pump ratioed at 1:1 or with pre-packaged dual-cartridge systems only. Material should be dispensed through a 32 element, 1/2” id static mixer. Based on the pump output, a predetermined amount of material should be pumped into the first injection hole. Wait approximately 3 minutes to confirm the expansion material has reached the desired location. Once confirmed, the method is simply repeated down along the joint. It is very important that no additional weight is placed on the slabs being injected for a minimum period of 30 minutes (at ambient temp) during the foam’s cure. Doing so will result in a under filled cavity.
Once the material has cured for approximately 40 minutes, full traffic can resume. Any excess material cured on the slab surface can be razored or scraped off.
Clean-Up
Spills of unmixed components can be cleaned up with solvent (Toluol, Xylol, MEK, Denatured Alcohol, etc). Cured product can be scraped, shaved, wire brushed, or sanded off floor and tools.
12. Maintenance
Once cured, the Spal-Pro Stabilizer EXP is essentially
maintenance free. Some joints may require multiple applications if slab curl continues after product placement.
13. Coverage Rate
Coverage will vary depending on void size, dimension shape, and mass placed. Contact Metzger/McGuire for suggested
coverages.
14. Technical Assistance
Complete technical support is available by contacting our New Hampshire headquarters at (800)223-MM80.
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Spal-Pro Stabilizer EXP is exclusively for use in concrete floor repair, and thus should always be referenced in 03311 (Concrete Slab Repairs-Interior).
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Spal-Pro Stabilizer EXP is available through quality
construction supply distributors in most major cities (locations available at www.metzgermcguire.com) or through our New Hampshire headquarters.
17. Shelf Life and Storage
Spal-Pro Stabilizer EXP has a guaranteed shelf life of 180 days if containers remain unopened. Store in dry, cool areas away from excessive heat, freeze/thaw and sunlight. See complete installation instructions for information.
4BGFUZ
This product is for industrial use only. Use only in well ventilated areas. Practice all normal jobsite safety precautions (clear work area, etc). Refer to SDS and installation instructions for more information.
19. Food Related Facilities
Please contact us to discuss suitability of this product in areas where existing food or food packaging could potentially be contaminated.
.BUFSJBM8BSSBOUZ
WARRANTY: Metzger/McGuire Co. solely and expressly warrants that its Spal-Pro Stabilizer EXP shall be free from defects in material and workmanship for 180 days from the date of purchase.
Unless authorized in writing by an officer of Metzger/McGuire, no other representations or statements made by Metzger/McGuire or its representatives, in writing or orally, shall alter this warranty. Metzger/McGuire makes no warranties, implied or otherwise, as to the merchantability or fitness for ordinary or particular purposes of its products and excludes the same. If any Metzger/ McGuire product fails to conform with this warrant, Metzger/McGuire will replace the product at no cost to the purchaser. Purchaser’s sole remedy in any case shall be limited to the purchase price or replacement cost of product and specifically excludes labor and the cost of labor, lost wages and opportunity costs, and all other possible incidental, consequential or special damages resulting from any claim of breach of warranty, breach of contract, negligence or any legal theory. Any warranty claim must be made within one (1) year from the date of material purchase.
Metzger/McGuire does not authorize anyone on its behalf to make any written or oral statements which in any way alter the installation procedures or written installation instructions published in its product literature or on its packaging labels. Any installation of Metzger/McGuire products which fails to conform with such installation information or instructions shall void this warranty. Purchaser shall be solely responsible for determining the suitability of Metzger/McGuire’s products for the purchaser’s intended purpose.
EXHIBIT 1
778
EXHIBIT 1
Appendix D
779
Product Data Sheet
Sika® LiquidWeld Blu
June 2018, Version 01.01
020302020040000003
PRODUCT DATA SHEET
Sika® LiquidWeld Blu
Concrete and Plaster Bonding Agent
PRODUCT DESCRIPTION
Superior, reemulsifiable, liquid bonding agent for
concrete, cement mortars and stucco.
USES
▪ Bonding new concrete to old concrete
▪ Interior or Exterior use
▪ Vertical or Horizontal
Use on concrete, concrete block, cement board, hardie
board, plywood, brick, plaster, tile, gypsum, or stone. ▪
CHARACTERISTICS / ADVANTAGES
▪ Re-emulsifiable
▪ Extended open time
▪ Increased bond strength
▪ Easy to apply and one component
▪ Improved repair durability
▪ Freeze-Thaw Stability: 5 cycle freeze
PRODUCT INFORMATION
Packaging 1 x 2 gal. (7.5 L) can; box
Appearance / Color Light Blue when wet
Royal Blue when dry
Shelf Life 12 months in original, unopened containers
Storage Conditions Store in cool, frost-free conditions with temperatures between 50°F to 90°F (10°C to 32°C). Condition material between 60° to 75°F (15° to 24°C) before using.
Tensile Adhesion Strength 150 psi (1.03 MPa) at 7 days (ACI 503 R) Tested at:
73 °F (23 °C)
50 % R.H.
APPLICATION INFORMATION
Coverage Unit yields approx. 150 - 300 sq.ft. per gallon depending upon actual porosity of the prepared substrate.
1 / 2
EXHIBIT 1
780
APPLICATION INSTRUCTIONS
SURFACE PREPARATION
Remove all deteriorated concrete, dirt, oil, grease, and all bond-inhibiting materials from surface. Preparation work should be done by high pressure water blast,
scabbler, or other appropriate mechanical means to
obtain a surface with a minimum of CSP 3 profile or
greater. Ensure there are no curing compounds or other
contaminants remaining on the substrate before
application. Substrate must be dry before application.
MIXING
Prior to installation, stir Sika® LiquidWeld Blu before use for consistent dispersion. Apply Undiluted (no water
needed)
LIMITATIONS
Not for use in wet environments, in or around
swimming pools,showers, decks, below grade or
retaining walls that may be subject to hydrostatic
pressures, side walks, or parking ramps.
▪
▪ Do not dilute.
▪ Do not apply onto water soluble substrates.
▪ Do not apply on frozen or frost covered substrates.
Low temperatures or high humidity will extend curing
time.
▪
▪ Do not allow stored product to freeze.
If substrate gets contaminated or wet, a recoat is
required.
▪
BASIS OF PRODUCT DATA
Results may differ based upon statistical variations
depending upon mixing methods and equipment,
temperature, application methods, test methods, actual
site conditions and curing conditions.
OTHER RESTRICTIONS
See Legal Disclaimer.
ENVIRONMENTAL, HEALTH AND SAFETY
For further information and advice regarding
transportation, handling, storage and disposal of
chemical products, user should refer to the actual Safety Data Sheets containing physical, environmental,
toxicological and other safety related data. User must
read the current actual Safety Data Sheets before using any products. In case of an emergency, call CHEMTREC
at 1-800-424-9300, International 703-527-3887.
LEGAL DISCLAIMER
• KEEP CONTAINER TIGHTLY CLOSED
• KEEP OUT OF REACH OF CHILDREN
• NOT FOR INTERNAL CONSUMPTION
• FOR INDUSTRIAL USE ONLY
• FOR PROFESSIONAL USE ONLY
Prior to each use of any product of Sika Corporation, its subsidiaries or affiliates (“SIKA”), the user must always read and follow the warnings and instructions on the
product’s most current product label, Product Data
Sheet and Safety Data Sheet which are available at
usa.sika.com or by calling SIKA’s Technical Service
Department at 1-800-933-7452. Nothing contained in
any SIKA literature or materials relieves the user of the obligation to read and follow the warnings and
instructions for each SIKA product as set forth in the
current product label, Product Data Sheet and Safety
Data Sheet prior to use of the SIKA product.
SIKA warrants this product for one year from date of
installation to be free from manufacturing defects and
to meet the technical properties on the current Product Data Sheet if used as directed within the product’s shelf life. User determines suitability of product for intended use and assumes all risks. User’s and/or buyer’s sole
remedy shall be limited to the purchase price or
replacement of this product exclusive of any labor costs.
NO OTHER WARRANTIES EXPRESS OR IMPLIED SHALL
APPLY INCLUDING ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. SIKA SHALL NOT BE LIABLE UNDER ANY LEGAL
THEORY FOR SPECIAL OR CONSEQUENTIAL DAMAGES.
SIKA SHALL NOT BE RESPONSIBLE FOR THE USE OF THIS
PRODUCT IN A MANNER TO INFRINGE ON ANY PATENT
OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS HELD
BY OTHERS.
Sale of SIKA products are subject to the Terms and
Conditions of Sale which are available at
https://usa.sika.com/en/group/SikaCorp/termsandconditions.html or by calling 1-800-933-7452.
Sika Corporation
201 Polito Avenue
Lyndhurst, NJ 07071
Phone: +1-800-933-7452
Fax: +1-201-933-6225
usa.sika.com
Sika Mexicana S.A. de C.V.
Carretera Libre Celaya Km. 8.5
Fracc. Industrial Balvanera
Corregidora, Queretaro
C.P. 76920
Phone: 52 442 2385800
Fax: 52 442 2250537
SikaLiquidWeldBlu-en-US-(06-2018)-1-1.pdf
Product Data Sheet
Sika® LiquidWeld Blu
June 2018, Version 01.01
020302020040000003
2 / 2
EXHIBIT 1
781
EXHIBIT H
Schedule of Values
EXHIBIT 1
782
Billing Summary
Cost to Date
Attachment B-3
Progress Pay Estimate
City Project No.: CL17024 Estimate No: Contract #: 419000528 Contractor: Patriot Contracting, Inc Billing Period: SOV to restart project based on February 2023 approved billing Remit Address: ϭϵϬϯϭ^͘,ĂŵŝůƚŽŶǀĞ͘
'ĂƌĚĞŶĂ͕ϵϬϮϰϴ
(Add lines as necessary for multiple appropriation codes) Item Description
Participating
(Y/N) Units
Estimated
Quantity
Contract
Price
Total
Authorized
Amount Qty or % Unit Price Amount Qty or % Unit Price Amount Qty or % Unit Price Amount Division 1 - GENERAL REQUIREMENTS
1.0001 PERFORMANCE AND PAYMENT BONDS LS 1.00 75,000.00 $ 75,000.00 $ 100% 75,000.00 $ 75,000.00 75,000.00 $ - 100% 75,000.00 $ 75,000.00
1.0002 INSURANCES LS 1.00 250,000.00 $ 250,000.00 $ 100% 250,000.00 $ 250,000.00 250,000.00 $ - 100% 250,000.00 $ 250,000.00
1.0003 SUBMITTALS LS 1.00 75,000.00 $ 75,000.00 $ 90% 75,000.00 $ 67,500.00 75,000.00 $ - 90% 75,000.00 $ 67,500.00
1.0004 FIELD SUPERVISION AND LAYOUT LS 1.00 35,000.00 $ 35,000.00 $ 85% 35,000.00 $ 29,750.00 35,000.00 $ - 85% 35,000.00 $ 29,750.00
1.0005 SCHEDULING LS 1.00 50,000.00 $ 50,000.00 $ 80% 50,000.00 $ 40,000.00 50,000.00 $ - 80% 50,000.00 $ 40,000.00
1.0006 TEMPORARY FACILITIES AND CONTROLS LS 1.00 35,000.00 $ 35,000.00 $ 85% 35,000.00 $ 29,750.00 35,000.00 $ - 85% 35,000.00 $ 29,750.00
1.0007 CLOSE OUT LS 1.00 15,556.00 $ 15,556.00 $ 15,556.00 $ - 15,556.00 $ - 15,556.00 $ - Division 2 - Selective Demolition
2.0000 DEMO OFF-SITE WALK WAY LS 1.00 15,000.00 $ 15,000.00 $ 100% 15,000.00 $ 15,000.00 15,000.00 $ - 100% 15,000.00 $ 15,000.00 Division 3 - Concrete
3.3000.1 CONCRETE BUILDING - EXCAVATION/ OFFHAUL LS 1.00 60,000.00 $ 60,000.00 $ 100% 60,000.00 $ 60,000.00 60,000.00 $ - 100% 60,000.00 $ 60,000.00
3.3000.2 CONCRETE BUILDING - FORM MATERIAL LS 1.00 70,000.00 $ 70,000.00 $ 100% 70,000.00 $ 70,000.00 70,000.00 $ - 100% 70,000.00 $ 70,000.00
3.3000.3 CONCRETE BUILDING - FORM LABOR LS 1.00 90,000.00 $ 90,000.00 $ 100% 90,000.00 $ 90,000.00 90,000.00 $ - 100% 90,000.00 $ 90,000.00
3.3000.4 CONCRETE BUILDING - REBAR MATERIAL LS 1.00 50,000.00 $ 50,000.00 $ 100% 50,000.00 $ 50,000.00 50,000.00 $ - 100% 50,000.00 $ 50,000.00
3.3000.5 CONCRETE BUILDING - REBAR LABOR LS 1.00 80,000.00 $ 80,000.00 $ 100% 80,000.00 $ 80,000.00 80,000.00 $ - 100% 80,000.00 $ 80,000.00
3.3000.6 CONCRETE BUILDING - CONCRETE MATERIAL LS 1.00 55,000.00 $ 55,000.00 $ 100% 55,000.00 $ 55,000.00 55,000.00 $ - 100% 55,000.00 $ 55,000.00
3.3000.7 CONCRETE BUILDING - CONCRETE LABOR LS 1.00 75,000.00 $ 75,000.00 $ 100% 75,000.00 $ 75,000.00 75,000.00 $ - 100% 75,000.00 $ 75,000.00
3.3000.8 CONCRETE BUILDING - VAPOR RET. MTL LS 1.00 35,000.00 $ 35,000.00 $ 100% 35,000.00 $ 35,000.00 35,000.00 $ - 100% 35,000.00 $ 35,000.00
3.3000.9 CONCRETE BUILDING - VAPOR RET. LABOR LS 1.00 25,000.00 $ 25,000.00 $ 100% 25,000.00 $ 25,000.00 25,000.00 $ - 100% 25,000.00 $ 25,000.00
3.3543.1 AGGREGATE SURFACE - COL. CON. MTL. LS 1.00 15,000.00 $ 15,000.00 $ 55% 15,000.00 $ 8,250.00 15,000.00 $ - 55% 15,000.00 $ 8,250.00
3.3543.2 AGGREGATE SURFACE - COL. CON. LABOR LS 1.00 25,000.00 $ 25,000.00 $ 55% 25,000.00 $ 13,750.00 25,000.00 $ - 55% 25,000.00 $ 13,750.003.3544.1 POLISHED CONCRETE FINISHING - MATERIAL LS 1.00 18,000.00 $ 18,000.00 $ 50% 18,000.00 $ 9,000.00 18,000.00 $ - 50% 18,000.00 $ 9,000.00
3.3544.2 POLISHED CONCRETE FINISHING - LABOR LS 1.00 32,000.00 $ 32,000.00 $ 50% 32,000.00 $ 16,000.00 32,000.00 $ - 50% 32,000.00 $ 16,000.00 Division 4 - Masonry
4.2200 CONCRETE UNIT MASONRY LS 1.00 26,000.00 $ 26,000.00 $ 100% 26,000.00 $ 26,000.00 26,000.00 $ - 100% 26,000.00 $ 26,000.00 Federal Project Number:
NE Stockton Library & Community Center
Federal Appropriation Codes:
Bid Amount Previous Paid Amount Invoice Amount Total Amount WĂŐĞϭŽĨϭϯ
EXHIBIT 1
783
Billing Summary
Cost to Date
Attachment B-3
(Add lines as necessary for multiple appropriation codes) Item Description
Participating
(Y/N) Units
Estimated
Quantity
Contract
Price
Total
Authorized
Amount Qty or % Unit Price Amount Qty or % Unit Price Amount Qty or % Unit Price Amount Federal Project Number:
NE Stockton Library & Community Center
Federal Appropriation Codes:
Bid Amount Previous Paid Amount Invoice Amount Total Amount Division 5 - Metals
5.1200.1 STRUCTURAL STEEL FRAMING- LIBRARY LABOR LS 1.00 210,000.00 $ 210,000.00 $ 95% 210,000.00 $ 199,500.00 210,000.00 $ - 95% 210,000.00 $ 199,500.00
5.1200.2 STRUCTURAL STEEL FRAMING- GYM LABOR LS 1.00 100,000.00 $ 100,000.00 $ 95% 100,000.00 $ 95,000.00 100,000.00 $ - 95% 100,000.00 $ 95,000.00
5.3100.1 STEEL DECKING - MATERIAL LS 1.00 60,000.00 $ 60,000.00 $ 100% 60,000.00 $ 60,000.00 60,000.00 $ - 100% 60,000.00 $ 60,000.00
5.3100.2 STEEL DECKING - LABOR LS 1.00 80,000.00 $ 80,000.00 $ 100% 80,000.00 $ 80,000.00 80,000.00 $ - 100% 80,000.00 $ 80,000.00
5.4300 SLOTTED CHANNEL FRAMING LS 1.00 15,000.00 $ 15,000.00 $ 100% 15,000.00 $ 15,000.00 15,000.00 $ - 100% 15,000.00 $ 15,000.00
5.5000.1 STRUCTURAL STEEL FABRICATIONS- LIBRARY DETAILING LS 1.00 40,000.00 $ 40,000.00 $ 100% 40,000.00 $ 40,000.00 40,000.00 $ - 100% 40,000.00 $ 40,000.00
5.5000.2 STRUCTURAL STEEL FABRICATIONS- LIBRARY MATERIAL LS 1.00 300,000.00 $ 300,000.00 $ 100% 300,000.00 $ 300,000.00 300,000.00 $ - 100% 300,000.00 $ 300,000.00
5.5000.3 STRUCTURAL STEEL FABRICATIONS- LIBRARY LABOR LS 1.00 200,000.00 $ 200,000.00 $ 100% 200,000.00 $ 200,000.00 200,000.00 $ - 100% 200,000.00 $ 200,000.00
5.5000.4 STRUCTURAL STEEL FABRICATIONS-GYM DETAILING LS 1.00 45,000.00 $ 45,000.00 $ 100% 45,000.00 $ 45,000.00 45,000.00 $ - 100% 45,000.00 $ 45,000.00
5.5000.5 STRUCTURAL STEEL FABRICATIONS- GYM MATERIAL LS 1.00 250,000.00 $ 250,000.00 $ 100% 250,000.00 $ 250,000.00 250,000.00 $ - 100% 250,000.00 $ 250,000.00
5.5000.6 STRUCTURAL STEEL FABRICATIONS- GYM LABOR LS 1.00 190,000.00 $ 190,000.00 $ 100% 190,000.00 $ 190,000.00 190,000.00 $ - 100% 190,000.00 $ 190,000.00
5.7300.1 DECORATIVE METAL RAILINGS - MATERIAL LS 1.00 15,000.00 $ 15,000.00 $ 15,000.00 $ - 15,000.00 $ - 15,000.00 $ -
5.7300.2 DECORATIVE METAL RAILINGS - LABOR LS 1.00 35,000.00 $ 35,000.00 $ 35,000.00 $ - 35,000.00 $ - 35,000.00 $ -
5.7500.1 DECORATIVE FORMED METAL - MATERIAL LS 1.00 10,000.00 $ 10,000.00 $ 10,000.00 $ - 10,000.00 $ - 10,000.00 $ -
5.7500.2 DECORATIVE FORMED METAL - LABOR LS 1.00 20,000.00 $ 20,000.00 $ 20,000.00 $ - 20,000.00 $ - 20,000.00 $ - Division 6 - Wood, Plastics, Composites
6.1053.1 MISCELLANEOUS ROUGH CARPENTRY- MTL LS 1.00 35,000.00 $ 35,000.00 $ 35% 35,000.00 $ 12,250.00 35,000.00 $ - 35% 35,000.00 $ 12,250.00
6.1053.2 MISCELLANEOUS ROUGH CARPENTRY- LABOR LS 1.00 45,000.00 $ 45,000.00 $ 35% 45,000.00 $ 15,750.00 45,000.00 $ - 35% 45,000.00 $ 15,750.00
6.4116.1 ARCHITECTURAL CABINETS - MATERIAL LS 1.00 60,000.00 $ 60,000.00 $ 10% 60,000.00 $ 6,000.00 60,000.00 $ - 10% 60,000.00 $ 6,000.00
6.4116.2 ARCHITECTURAL CABINETS - FAB LABOR LS 1.00 65,000.00 $ 65,000.00 $ 10% 65,000.00 $ 6,500.00 65,000.00 $ - 10% 65,000.00 $ 6,500.006.4116.3 ARCHITECTURAL CABINETS - INSTL LABOR LS 1.00 75,000.00 $ 75,000.00 $ 10% 75,000.00 $ 7,500.00 75,000.00 $ - 10% 75,000.00 $ 7,500.00
6.6400.1 PLASTIC PANELS (FRP) - MATERIAL LS 1.00 25,000.00 $ 25,000.00 $ 75% 25,000.00 $ 18,750.00 25,000.00 $ - 75% 25,000.00 $ 18,750.00
6.6400.2 PLASTIC PANELS (FRP) - LABOR LS 1.00 30,000.00 $ 30,000.00 $ 75% 30,000.00 $ 22,500.00 30,000.00 $ - 75% 30,000.00 $ 22,500.00 Division 7 - Thermal and Moisture Protection
7.1900.1 WATER REPELLENTS - MATERIAL LS 1.00 17,000.00 $ 17,000.00 $ 17,000.00 $ - 17,000.00 $ - 17,000.00 $ -
7.1900.2 WATER REPELLENTS - LABOR LS 1.00 28,000.00 $ 28,000.00 $ 28,000.00 $ - 28,000.00 $ - 28,000.00 $ -
7.2100.1 THERMAL INSULATION - INTERIOR MATERIAL LS 1.00 45,000.00 $ 45,000.00 $ 100% 45,000.00 $ 45,000.00 45,000.00 $ - 100% 45,000.00 $ 45,000.00
7.2100.2 THERMAL INSULATION - INTERIOR LABOR LS 1.00 75,000.00 $ 75,000.00 $ 100% 75,000.00 $ 75,000.00 75,000.00 $ - 100% 75,000.00 $ 75,000.00
7.2100.3 THERMAL INSULATION - EXTERIOR MATERIAL LS 1.00 65,000.00 $ 65,000.00 $ 100% 65,000.00 $ 65,000.00 65,000.00 $ - 100% 65,000.00 $ 65,000.007.2100.4 THERMAL INSULATION - EXTERIOR LABOR LS 1.00 80,000.00 $ 80,000.00 $ 100% 80,000.00 $ 80,000.00 80,000.00 $ - 100% 80,000.00 $ 80,000.00
7.2500.1 WEATHER BARRIERS - MATERIAL LS 1.00 25,000.00 $ 25,000.00 $ 100% 25,000.00 $ 25,000.00 25,000.00 $ - 100% 25,000.00 $ 25,000.00
7.2500.2 WEATHER BARRIERS - LABOR LS 1.00 35,000.00 $ 35,000.00 $ 100% 35,000.00 $ 35,000.00 35,000.00 $ - 100% 35,000.00 $ 35,000.00
7.4213.1 FORMED METAL WALL PANELS - MATERIAL LS 1.00 70,000.00 $ 70,000.00 $ 90% 70,000.00 $ 63,000.00 70,000.00 $ - 90% 70,000.00 $ 63,000.00
7.4213.2 FORMED METAL WALL PANELS - LABOR LS 1.00 110,000.00 $ 110,000.00 $ 90% 110,000.00 $ 99,000.00 110,000.00 $ - 90% 110,000.00 $ 99,000.00 WĂŐĞϮŽĨϭϯ
EXHIBIT 1
784
Billing Summary
Cost to Date
Attachment B-3
(Add lines as necessary for multiple appropriation codes) Item Description
Participating
(Y/N) Units
Estimated
Quantity
Contract
Price
Total
Authorized
Amount Qty or % Unit Price Amount Qty or % Unit Price Amount Qty or % Unit Price Amount Federal Project Number:
NE Stockton Library & Community Center
Federal Appropriation Codes:
Bid Amount Previous Paid Amount Invoice Amount Total Amount
7.4646.1 FIBER-CEMENT SIDING - CLIP MATERIAL LS 1.00 45,000.00 $ 45,000.00 $ 100% 45,000.00 $ 45,000.00 45,000.00 $ - 100% 45,000.00 $ 45,000.00
7.4646.2 FIBER-CEMENT SIDING - CLIP LABOR LS 1.00 85,000.00 $ 85,000.00 $ 100% 85,000.00 $ 85,000.00 85,000.00 $ - 100% 85,000.00 $ 85,000.00
7.4646.3 FIBER-CEMENT SIDING - BRACKETS MATERIAL LS 1.00 35,000.00 $ 35,000.00 $ 90% 35,000.00 $ 31,500.00 35,000.00 $ - 90% 35,000.00 $ 31,500.00
7.4646.4 FIBER-CEMENT SIDING - BRACKETS LABOR LS 1.00 65,000.00 $ 65,000.00 $ 90% 65,000.00 $ 58,500.00 65,000.00 $ - 90% 65,000.00 $ 58,500.00
7.4646.5 FIBER-CEMENT SIDING - SIDING MATERIAL LS 1.00 300,000.00 $ 300,000.00 $ 75% 300,000.00 $ 225,000.00 300,000.00 $ - 75% 300,000.00 $ 225,000.00
7.4646.6 FIBER-CEMENT SIDING - SIDING LABOR LS 1.00 149,000.00 $ 149,000.00 $ 75% 149,000.00 $ 111,750.00 149,000.00 $ - 75% 149,000.00 $ 111,750.00
7.5423.1 TPO ROOFING - SUB BOARD MATERIAL LS 1.00 30,000.00 $ 30,000.00 $ 100% 30,000.00 $ 30,000.00 30,000.00 $ - 100% 30,000.00 $ 30,000.00
7.5423.2 TPO ROOFING - SUB BOARD LABOR LS 1.00 30,000.00 $ 30,000.00 $ 100% 30,000.00 $ 30,000.00 30,000.00 $ - 100% 30,000.00 $ 30,000.00
7.5423.3 TPO ROOFING - INSULATION MATERIAL LS 1.00 45,000.00 $ 45,000.00 $ 100% 45,000.00 $ 45,000.00 45,000.00 $ - 100% 45,000.00 $ 45,000.00
7.5423.4 TPO ROOFING - INSULATION LABOR LS 1.00 30,000.00 $ 30,000.00 $ 100% 30,000.00 $ 30,000.00 30,000.00 $ - 100% 30,000.00 $ 30,000.00
7.5423.5 TPO ROOFING - MEMBRANE MATERIAL LS 1.00 60,000.00 $ 60,000.00 $ 100% 60,000.00 $ 60,000.00 60,000.00 $ - 100% 60,000.00 $ 60,000.00
7.5423.6 TPO ROOFING - MEMBRANE LABOR LS 1.00 70,000.00 $ 70,000.00 $ 100% 70,000.00 $ 70,000.00 70,000.00 $ - 100% 70,000.00 $ 70,000.00
7.6200.1 ARCHITECTURAL SHEET METAL - MATERIAL LS 1.00 25,000.00 $ 25,000.00 $ 80% 25,000.00 $ 20,000.00 25,000.00 $ - 80% 25,000.00 $ 20,000.00
7.6200.2 ARCHITECTURAL SHEET METAL - FAB LABOR LS 1.00 30,000.00 $ 30,000.00 $ 80% 30,000.00 $ 24,000.00 30,000.00 $ - 80% 30,000.00 $ 24,000.00
7.6200.3 ARCHITECTURAL SHEET METAL - INSTL LABOR LS 1.00 30,000.00 $ 30,000.00 $ 80% 30,000.00 $ 24,000.00 30,000.00 $ - 80% 30,000.00 $ 24,000.00
7.7200 ROOF ACCESSORIES LS 1.00 10,000.00 $ 10,000.00 $ 90% 10,000.00 $ 9,000.00 10,000.00 $ - 90% 10,000.00 $ 9,000.00
7.9200 JOINT SEALANTS LS 1.00 15,000.00 $ 15,000.00 $ 50% 15,000.00 $ 7,500.00 15,000.00 $ - 50% 15,000.00 $ 7,500.00 Division 8 - Openings
8.1113.1 HOLLOW METAL DOORS AND FRAMES - MTL LS 1.00 35,000.00 $ 35,000.00 $ 45% 35,000.00 $ 15,750.00 35,000.00 $ - 45% 35,000.00 $ 15,750.00
8.1113.2 HOLLOW METAL DOORS AND FRAMES - LABOR LS 1.00 40,000.00 $ 40,000.00 $ 45% 40,000.00 $ 18,000.00 40,000.00 $ - 45% 40,000.00 $ 18,000.00
8.1116.1 INTERIOR ALUMINUM FRAMING - MATERIAL LS 1.00 27,000.00 $ 27,000.00 $ 90% 27,000.00 $ 24,300.00 27,000.00 $ - 90% 27,000.00 $ 24,300.00
8.1116.2 INTERIOR ALUMINUM FRAMING - LABOR LS 1.00 30,000.00 $ 30,000.00 $ 90% 30,000.00 $ 27,000.00 30,000.00 $ - 90% 30,000.00 $ 27,000.00
8.3113 ACCESS DOORS AND FRAMES LS 1.00 10,000.00 $ 10,000.00 $ 80% 10,000.00 $ 8,000.00 10,000.00 $ - 80% 10,000.00 $ 8,000.00
8.3313 COILING COUNTER DOORS LS 1.00 18,500.00 $ 18,500.00 $ 18,500.00 $ - 18,500.00 $ - 18,500.00 $ -
8.3516 FOLDING GRILLES LS 1.00 20,000.00 $ 20,000.00 $ 10% 20,000.00 $ 2,000.00 20,000.00 $ - 10% 20,000.00 $ 2,000.00
8.3613.1 SECTIONAL DOORS - MATERIAL LS 1.00 100,000.00 $ 100,000.00 $ 95% 100,000.00 $ 95,000.00 100,000.00 $ - 95% 100,000.00 $ 95,000.00
8.3613.2 SECTIONAL DOORS - LABOR LS 1.00 40,000.00 $ 40,000.00 $ 95% 40,000.00 $ 38,000.00 40,000.00 $ - 95% 40,000.00 $ 38,000.00
8.4113.1 ALUMINUM STOREFRONTS - MATERIAL LS 1.00 150,000.00 $ 150,000.00 $ 80% 150,000.00 $ 120,000.00 150,000.00 $ - 80% 150,000.00 $ 120,000.00
8.4113.2 ALUMINUM STOREFRONTS - FAB LABOR LS 1.00 60,000.00 $ 60,000.00 $ 80% 60,000.00 $ 48,000.00 60,000.00 $ - 80% 60,000.00 $ 48,000.008.4113.3 ALUMINUM STOREFRONTS - INSTL LABOR LS 1.00 40,000.00 $ 40,000.00 $ 80% 40,000.00 $ 32,000.00 40,000.00 $ - 80% 40,000.00 $ 32,000.00
8.4329 SLIDING ALUMINUM-FRAMED STOREFRONTS LS 1.00 17,000.00 $ 17,000.00 $ 17,000.00 $ - 17,000.00 $ - 17,000.00 $ -
8.4333 FOLDING GLASS STOREFRONTS LS 1.00 22,000.00 $ 22,000.00 $ 95% 22,000.00 $ 20,900.00 22,000.00 $ - 95% 22,000.00 $ 20,900.00
8.4413.1 ALUMINUM CURTAIN WALLS - MATERIAL LS 1.00 181,500.00 $ 181,500.00 $ 90% 181,500.00 $ 163,350.00 181,500.00 $ - 90% 181,500.00 $ 163,350.00
8.4413.2 ALUMINUM CURTAIN WALLS - FAB LABOR LS 1.00 60,000.00 $ 60,000.00 $ 90% 60,000.00 $ 54,000.00 60,000.00 $ - 90% 60,000.00 $ 54,000.00
8.4413.3 ALUMINUM CURTAIN WALLS - INSTL LABOR LS 1.00 40,000.00 $ 40,000.00 $ 90% 40,000.00 $ 36,000.00 40,000.00 $ - 90% 40,000.00 $ 36,000.00
8.4523.1 FIBERGLASS-SANDWICH-PANEL - MATERIAL LS 1.00 239,000.00 $ 239,000.00 $ 95% 239,000.00 $ 227,050.00 239,000.00 $ - 95% 239,000.00 $ 227,050.00
8.4523.2 FIBERGLASS-SANDWICH-PANEL - LABOR LS 1.00 100,000.00 $ 100,000.00 $ 95% 100,000.00 $ 95,000.00 100,000.00 $ - 95% 100,000.00 $ 95,000.00
8.6200 UNIT SKYLIGHTS LS 1.00 25,000.00 $ 25,000.00 $ 90% 25,000.00 $ 22,500.00 25,000.00 $ - 90% 25,000.00 $ 22,500.00 WĂŐĞϯŽĨϭϯ
EXHIBIT 1
785
Billing Summary
Cost to Date
Attachment B-3
(Add lines as necessary for multiple appropriation codes) Item Description
Participating
(Y/N) Units
Estimated
Quantity
Contract
Price
Total
Authorized
Amount Qty or % Unit Price Amount Qty or % Unit Price Amount Qty or % Unit Price Amount Federal Project Number:
NE Stockton Library & Community Center
Federal Appropriation Codes:
Bid Amount Previous Paid Amount Invoice Amount Total Amount
8.7100 DOOR HARDWARE LS 1.00 25,000.00 $ 25,000.00 $ 40% 25,000.00 $ 10,000.00 25,000.00 $ - 40% 25,000.00 $ 10,000.00
8.8000.1 GLAZING - MATERIAL LS 1.00 35,000.00 $ 35,000.00 $ 95% 35,000.00 $ 33,250.00 35,000.00 $ - 95% 35,000.00 $ 33,250.00
8.8000.2 GLAZING - LABOR LS 1.00 15,000.00 $ 15,000.00 $ 95% 15,000.00 $ 14,250.00 15,000.00 $ - 95% 15,000.00 $ 14,250.00
8.8300 MIRRORS LS 1.00 5,000.00 $ 5,000.00 $ 5,000.00 $ - 5,000.00 $ - 5,000.00 $ - Division 9 - Finishes
9.2216.1 METAL FRAMING - LAYOUT LS 1.00 45,000.00 $ 45,000.00 $ 100% 45,000.00 $ 45,000.00 45,000.00 $ - 100% 45,000.00 $ 45,000.00
9.2216.2 METAL FRAMING - MATERIAL LS 1.00 350,000.00 $ 350,000.00 $ 100% 350,000.00 $ 350,000.00 350,000.00 $ - 100% 350,000.00 $ 350,000.00
9.2216.3 METAL FRAMING - LABOR LS 1.00 250,000.00 $ 250,000.00 $ 100% 250,000.00 $ 250,000.00 250,000.00 $ - 100% 250,000.00 $ 250,000.009.2900.1 GYPSUM BOARD - MATERIAL LS 1.00 90,000.00 $ 90,000.00 $ 100% 90,000.00 $ 90,000.00 90,000.00 $ - 100% 90,000.00 $ 90,000.00
9.2900.2 GYPSUM BOARD - LABOR LS 1.00 50,000.00 $ 50,000.00 $ 100% 50,000.00 $ 50,000.00 50,000.00 $ - 100% 50,000.00 $ 50,000.00
9.2900.3 GYPSUM BOARD - MUD MATERIAL LS 1.00 35,000.00 $ 35,000.00 $ 100% 35,000.00 $ 35,000.00 35,000.00 $ - 100% 35,000.00 $ 35,000.00
9.2900.4 GYPSUM BOARD - MUD LABOR LS 1.00 28,000.00 $ 28,000.00 $ 100% 28,000.00 $ 28,000.00 28,000.00 $ - 100% 28,000.00 $ 28,000.00
9.2900.5 GYPSUM BOARD - FINISH LABOR LS 1.00 20,000.00 $ 20,000.00 $ 95% 20,000.00 $ 19,000.00 20,000.00 $ - 95% 20,000.00 $ 19,000.00
9.6816.1 TILING - PREP LS 1.00 15,000.00 $ 15,000.00 $ 55% 15,000.00 $ 8,250.00 15,000.00 $ - 55% 15,000.00 $ 8,250.00
9.6816.2 TILING - MATERIAL LS 1.00 60,000.00 $ 60,000.00 $ 50% 60,000.00 $ 30,000.00 60,000.00 $ - 50% 60,000.00 $ 30,000.00
9.6816.3 TILING - LABOR LS 1.00 40,000.00 $ 40,000.00 $ 50% 40,000.00 $ 20,000.00 40,000.00 $ - 50% 40,000.00 $ 20,000.00
9.5113.1 ACOUSTICAL CEILING - GRID MATERIAL LS 1.00 35,000.00 $ 35,000.00 $ 100% 35,000.00 $ 35,000.00 35,000.00 $ - 100% 35,000.00 $ 35,000.00
9.5113.2 ACOUSTICAL CEILING - GRID LABOR LS 1.00 30,000.00 $ 30,000.00 $ 100% 30,000.00 $ 30,000.00 30,000.00 $ - 100% 30,000.00 $ 30,000.009.5113.3 ACOUSTICAL CEILING - TILE MATERIAL LS 1.00 70,000.00 $ 70,000.00 $ 5% 70,000.00 $ 3,500.00 70,000.00 $ - 5% 70,000.00 $ 3,500.00
9.5113.4 ACOUSTICAL CEILING - TILE LABOR LS 1.00 60,000.00 $ 60,000.00 $ 5% 60,000.00 $ 3,000.00 60,000.00 $ - 5% 60,000.00 $ 3,000.00
9.6543.1 LINOLEUM FLOORING - MATERIAL LS 1.00 15,000.00 $ 15,000.00 $ 15,000.00 $ - 15,000.00 $ - 15,000.00 $ -9.6543.2 LINOLEUM FLOORING - LABOR LS 1.00 25,000.00 $ 25,000.00 $ 25,000.00 $ - 25,000.00 $ - 25,000.00 $ -
9.6566.1 RESILIENT ATHLETIC FLOORING - LAYOUT LS 1.00 35,000.00 $ 35,000.00 $ 35,000.00 $ - 35,000.00 $ - 35,000.00 $ -9.6566.2 RESILIENT ATHLETIC FLOORING - MATERIAL LS 1.00 135,000.00 $ 135,000.00 $ 135,000.00 $ - 135,000.00 $ - 135,000.00 $ -
9.6566.3 RESILIENT ATHLETIC FLOORING - LABOR LS 1.00 80,000.00 $ 80,000.00 $ 80,000.00 $ - 80,000.00 $ - 80,000.00 $ -9.6813.1 TILE CARPETING - MATERIAL LS 1.00 46,000.00 $ 46,000.00 $ 46,000.00 $ - 46,000.00 $ - 46,000.00 $ -9.6813.2 TILE CARPETING - LABOR LS 1.00 30,000.00 $ 30,000.00 $ 30,000.00 $ - 30,000.00 $ - 30,000.00 $ -
9.6816.1 SHEET CARPETING - MATERIAL LS 1.00 20,000.00 $ 20,000.00 $ 20,000.00 $ - 20,000.00 $ - 20,000.00 $ -9.6816.2 SHEET CARPETING - LABOR LS 1.00 30,000.00 $ 30,000.00 $ 30,000.00 $ - 30,000.00 $ - 30,000.00 $ -9.7200.1 WALL COVERINGS - MATERIAL LS 1.00 63,000.00 $ 63,000.00 $ 63,000.00 $ - 63,000.00 $ - 63,000.00 $ -
9.7200.2 WALL COVERINGS - LABOR LS 1.00 80,000.00 $ 80,000.00 $ 80,000.00 $ - 80,000.00 $ - 80,000.00 $ -9.9123.1 PAINTING - MATERIAL LS 1.00 45,000.00 $ 45,000.00 $ 85% 45,000.00 $ 38,250.00 45,000.00 $ - 85% 45,000.00 $ 38,250.00
9.9123.2 PAINTING - LABOR LS 1.00 65,000.00 $ 65,000.00 $ 85% 65,000.00 $ 55,250.00 65,000.00 $ - 85% 65,000.00 $ 55,250.00 Division 10 - Specialties
10.1419 DIMENSIONAL LETTER SIGNAGE LS 1.00 5,000.00 $ 5,000.00 $ 5,000.00 $ - 5,000.00 $ - 5,000.00 $ -
10.1423 PANEL SIGNAGE LS 1.00 15,000.00 $ 15,000.00 $ 15,000.00 $ - 15,000.00 $ - 15,000.00 $ -
10.2113 METAL TOILET COMPARTMENTS LS 1.00 25,500.00 $ 25,500.00 $ 25,500.00 $ - 25,500.00 $ - 25,500.00 $ - WĂŐĞϰŽĨϭϯ
EXHIBIT 1
786
Billing Summary
Cost to Date
Attachment B-3
(Add lines as necessary for multiple appropriation codes) Item Description
Participating
(Y/N) Units
Estimated
Quantity
Contract
Price
Total
Authorized
Amount Qty or % Unit Price Amount Qty or % Unit Price Amount Qty or % Unit Price Amount Federal Project Number:
NE Stockton Library & Community Center
Federal Appropriation Codes:
Bid Amount Previous Paid Amount Invoice Amount Total Amount
10.2239 FOLDING PANEL PARTITIONS LS 1.00 15,000.00 $ 15,000.00 $ 30% 15,000.00 $ 4,500.00 15,000.00 $ - 30% 15,000.00 $ 4,500.00
10.2800 TOILET, BATH, AND LAUNDRY ACCESSORIE LS 1.00 25,000.00 $ 25,000.00 $ 25,000.00 $ - 25,000.00 $ - 25,000.00 $ -
10.2600 WALL AND DOOR PROTECTION LS 1.00 7,500.00 $ 7,500.00 $ 7,500.00 $ - 7,500.00 $ - 7,500.00 $ -
10.4400.1 FIRE PROTECTION SPECIALTIES - MATERIAL LS 1.00 30,000.00 $ 30,000.00 $ 30,000.00 $ - 30,000.00 $ - 30,000.00 $ -
10.4400.2 FIRE PROTECTION SPECIALTIES - LABOR LS 1.00 20,000.00 $ 20,000.00 $ 20,000.00 $ - 20,000.00 $ - 20,000.00 $ -
10.5113 METAL LOCKERS LS 1.00 5,000.00 $ 5,000.00 $ 5,000.00 $ - 5,000.00 $ - 5,000.00 $ - Division 11 - Equipment
11.4000 FOODSERVICE EQUIPMENT - OWNER FURNISHED LS 1.00 10,000.00 $ 10,000.00 $ 10,000.00 $ - 10,000.00 $ - 10,000.00 $ -
11.6623.1 GYMNASIUM EQUIPMENT - MATERIAL LS 1.00 44,000.00 $ 44,000.00 $ 80% 44,000.00 $ 35,200.00 44,000.00 $ - 80% 44,000.00 $ 35,200.00
11.6623.2 GYMNASIUM EQUIPMENT - LABOR LS 1.00 30,000.00 $ 30,000.00 $ 80% 30,000.00 $ 24,000.00 30,000.00 $ - 80% 30,000.00 $ 24,000.00
11.6833 ATHLETIC COURT AND FIELD EQUIPMENT LS 1.00 7,000.00 $ 7,000.00 $ 7,000.00 $ - 7,000.00 $ - 7,000.00 $ - Division 12 - Furnishings
12.2400 ROLLER WINDOW SHADES LS 1.00 10,000.00 $ 10,000.00 $ 10,000.00 $ - 10,000.00 $ - 10,000.00 $ -
12.3661 SOLID SURFACING COUNTERTOPS LS 1.00 25,000.00 $ 25,000.00 $ 25,000.00 $ - 25,000.00 $ - 25,000.00 $ -
12.4816 ENTRANCE FLOOR GRILLES LS 1.00 8,000.00 $ 8,000.00 $ 50% 8,000.00 $ 4,000.00 8,000.00 $ - 50% 8,000.00 $ 4,000.00
12.6600.1 TELESCOPING STANDS - MATERIAL LS 1.00 41,000.00 $ 41,000.00 $ 41,000.00 $ - 41,000.00 $ - 41,000.00 $ -
12.6600.2 TELESCOPING STANDS - LABOR LS 1.00 20,000.00 $ 20,000.00 $ 20,000.00 $ - 20,000.00 $ - 20,000.00 $ -
12.9200.1 SITE FURNISHINGS - LAYOUT LS 1.00 16,000.00 $ 16,000.00 $ 16,000.00 $ - 16,000.00 $ - 16,000.00 $ -
12.9200.2 SITE FURNISHINGS - EMBEDS LS 1.00 30,000.00 $ 30,000.00 $ 48% 30,000.00 $ 14,400.00 30,000.00 $ - 48% 30,000.00 $ 14,400.00
12.9200.3 SITE FURNISHINGS - MATERIAL LS 1.00 130,000.00 $ 130,000.00 $ 83% 130,000.00 $ 107,900.00 130,000.00 $ - 83% 130,000.00 $ 107,900.00
12.9200.4 SITE FURNISHINGS - LABOR LS 1.00 50,000.00 $ 50,000.00 $ 50,000.00 $ - 50,000.00 $ - 50,000.00 $ - Division 21 - Fire Suppression
21.1000.1 FIRE SPRINKLER - Rough in Material LS 1.00 140,000.00 $ 140,000.00 $ 100% 140,000.00 $ 140,000.00 140,000.00 $ - 100% 140,000.00 $ 140,000.00
21.1000.2 FIRE SPRINKLER - Fab LS 1.00 50,000.00 $ 50,000.00 $ 100% 50,000.00 $ 50,000.00 50,000.00 $ - 100% 50,000.00 $ 50,000.00
21.1000.3 FIRE SPRINKLER - Rough in Labor LS 1.00 195,000.00 $ 195,000.00 $ 97% 195,000.00 $ 189,150.00 195,000.00 $ - 97% 195,000.00 $ 189,150.00
21.1000.4 FIRE SPRINKLER - Finish - Drop cut LS 1.00 25,000.00 $ 25,000.00 $ 97% 25,000.00 $ 24,250.00 25,000.00 $ - 97% 25,000.00 $ 24,250.00
21.1000.5 FIRE SPRINKLER - Finish - Trim LS 1.00 16,000.00 $ 16,000.00 $ 10% 16,000.00 $ 1,600.00 16,000.00 $ - 10% 16,000.00 $ 1,600.00 Division 22 - Plumbing
22.1000.1 PLUMBING - Rough in Material LS 1.00 80,000.00 $ 80,000.00 $ 100% 80,000.00 $ 80,000.00 80,000.00 $ - 100% 80,000.00 $ 80,000.00
22.1000.2 PLUMBING - Rough in Labor LS 1.00 210,000.00 $ 210,000.00 $ 100% 210,000.00 $ 210,000.00 210,000.00 $ - 100% 210,000.00 $ 210,000.0022.1000.3 PLUMBING - Fixtures LS 1.00 80,000.00 $ 80,000.00 $ 70% 80,000.00 $ 56,000.00 80,000.00 $ - 70% 80,000.00 $ 56,000.00
22.1000.4 PLUMBING - Misc. Finish Material LS 1.00 28,000.00 $ 28,000.00 $ 28,000.00 $ - 28,000.00 $ - 28,000.00 $ -
22.1000.5 PLUMBING - Finish Labor LS 1.00 60,000.00 $ 60,000.00 $ 10% 60,000.00 $ 6,000.00 60,000.00 $ - 10% 60,000.00 $ 6,000.00 WĂŐĞϱŽĨϭϯ
EXHIBIT 1
787
Billing Summary
Cost to Date
Attachment B-3
(Add lines as necessary for multiple appropriation codes) Item Description
Participating
(Y/N) Units
Estimated
Quantity
Contract
Price
Total
Authorized
Amount Qty or % Unit Price Amount Qty or % Unit Price Amount Qty or % Unit Price Amount Federal Project Number:
NE Stockton Library & Community Center
Federal Appropriation Codes:
Bid Amount Previous Paid Amount Invoice Amount Total Amount Division 23 - HVAC
23.8000.1 HVAC - Rough in Duct Work - Material LS 1.00 200,000.00 $ 200,000.00 $ 95% 200,000.00 $ 190,000.00 200,000.00 $ - 95% 200,000.00 $ 190,000.00
23.8000.2 HVAC - Rough in Duct Work - Labor LS 1.00 300,000.00 $ 300,000.00 $ 95% 300,000.00 $ 285,000.00 300,000.00 $ - 95% 300,000.00 $ 285,000.0023.8000.3 A/C Units - Material LS 1.00 170,000.00 $ 170,000.00 $ 75% 170,000.00 $ 127,500.00 170,000.00 $ - 75% 170,000.00 $ 127,500.00
23.8000.4 A/C Units - Installation LS 1.00 15,000.00 $ 15,000.00 $ 75% 15,000.00 $ 11,250.00 15,000.00 $ - 75% 15,000.00 $ 11,250.00
23.8000.5 VRFs - Materials LS 1.00 39,000.00 $ 39,000.00 $ 100% 39,000.00 $ 39,000.00 39,000.00 $ - 100% 39,000.00 $ 39,000.00
23.8000.6 VRFs - Installation LS 1.00 28,000.00 $ 28,000.00 $ 100% 28,000.00 $ 28,000.00 28,000.00 $ - 100% 28,000.00 $ 28,000.00
23.8000.7 Split Systems - Material LS 1.00 45,000.00 $ 45,000.00 $ 100% 45,000.00 $ 45,000.00 45,000.00 $ - 100% 45,000.00 $ 45,000.00
23.8000.8 Split Systems - Rough-in and Installation LS 1.00 40,000.00 $ 40,000.00 $ 100% 40,000.00 $ 40,000.00 40,000.00 $ - 100% 40,000.00 $ 40,000.00
23.8000.9 Exhaust Fan - Material LS 1.00 15,000.00 $ 15,000.00 $ 100% 15,000.00 $ 15,000.00 15,000.00 $ - 100% 15,000.00 $ 15,000.00
23.8000.10 Exhaust Fan - Installation LS 1.00 26,000.00 $ 26,000.00 $ 100% 26,000.00 $ 26,000.00 26,000.00 $ - 100% 26,000.00 $ 26,000.00
23.8000.11 Grills LS 1.00 10,000.00 $ 10,000.00 $ 90% 10,000.00 $ 9,000.00 10,000.00 $ - 90% 10,000.00 $ 9,000.00 Division 25 - INTEGRATED AUTOMATION
25.0000.1 INTEGRATED AUTOMATION - Rough in Material LS 1.00 60,000.00 $ 60,000.00 $ 100% 60,000.00 $ 60,000.00 60,000.00 $ - 100% 60,000.00 $ 60,000.00
25.0000.2 INTEGRATED AUTOMATION - Rough in Labor LS 1.00 110,000.00 $ 110,000.00 $ 100% 110,000.00 $ 110,000.00 110,000.00 $ - 100% 110,000.00 $ 110,000.00
25.0000.3 INTEGRATED AUTOMATION - Finish Material LS 1.00 55,000.00 $ 55,000.00 $ 85% 55,000.00 $ 46,750.00 55,000.00 $ - 85% 55,000.00 $ 46,750.00
25.0000.4 INTEGRATED AUTOMATION - Finish Labor LS 1.00 75,000.00 $ 75,000.00 $ 85% 75,000.00 $ 63,750.00 75,000.00 $ - 85% 75,000.00 $ 63,750.00
25.0000.5 INTEGRATED AUTOMATION - Test & Programming LS 1.00 20,000.00 $ 20,000.00 $ 20,000.00 $ - 20,000.00 $ - 20,000.00 $ - Division 26 - Electrical
26.000.1 ELECTRICAL - Rough in Material LS 1.00 180,000.00 $ 180,000.00 $ 100% 180,000.00 $ 180,000.00 180,000.00 $ - 100% 180,000.00 $ 180,000.00
26.000.2 ELECTRICAL - Rough in Labor LS 1.00 290,000.00 $ 290,000.00 $ 100% 290,000.00 $ 290,000.00 290,000.00 $ - 100% 290,000.00 $ 290,000.00
26.000.3 LIGHT FIXTURE - Rough in Material LS 1.00 60,000.00 $ 60,000.00 $ 100% 60,000.00 $ 60,000.00 60,000.00 $ - 100% 60,000.00 $ 60,000.00
26.000.4 LIGHT FIXTURE - Rough in Labor LS 1.00 120,000.00 $ 120,000.00 $ 100% 120,000.00 $ 120,000.00 120,000.00 $ - 100% 120,000.00 $ 120,000.00
26.000.5 ELECTRICAL - Finish Material LS 1.00 50,000.00 $ 50,000.00 $ 95% 50,000.00 $ 47,500.00 50,000.00 $ - 95% 50,000.00 $ 47,500.00
26.000.6 ELECTRICAL - Finish Labor LS 1.00 84,000.00 $ 84,000.00 $ 95% 84,000.00 $ 79,800.00 84,000.00 $ - 95% 84,000.00 $ 79,800.00
26.000.7 LIGHT FIXTURE - Finish Material LS 1.00 70,000.00 $ 70,000.00 $ 95% 70,000.00 $ 66,500.00 70,000.00 $ - 95% 70,000.00 $ 66,500.0026.000.8 LIGHT FIXTURE - Finish Labor LS 1.00 95,000.00 $ 95,000.00 $ 95% 95,000.00 $ 90,250.00 95,000.00 $ - 95% 95,000.00 $ 90,250.00 DIVISION 27 — COMMUNICATIONS
27.0000.1 COMMUNICATION - Rough in Material LS 1.00 30,000.00 $ 30,000.00 $ 100% 30,000.00 $ 30,000.00 30,000.00 $ - 100% 30,000.00 $ 30,000.00
27.0000.2 COMMUNICATION - Rough in Labor LS 1.00 50,000.00 $ 50,000.00 $ 100% 50,000.00 $ 50,000.00 50,000.00 $ - 100% 50,000.00 $ 50,000.00
27.0000.3 COMMUNICATION - Finish Material LS 1.00 15,000.00 $ 15,000.00 $ 65% 15,000.00 $ 9,750.00 15,000.00 $ - 65% 15,000.00 $ 9,750.00
27.0000.4 COMMUNICATION - Finish Labor LS 1.00 25,000.00 $ 25,000.00 $ 65% 25,000.00 $ 16,250.00 25,000.00 $ - 65% 25,000.00 $ 16,250.00 WĂŐĞϲŽĨϭϯ
EXHIBIT 1
788
Billing Summary
Cost to Date
Attachment B-3
(Add lines as necessary for multiple appropriation codes) Item Description
Participating
(Y/N) Units
Estimated
Quantity
Contract
Price
Total
Authorized
Amount Qty or % Unit Price Amount Qty or % Unit Price Amount Qty or % Unit Price Amount Federal Project Number:
NE Stockton Library & Community Center
Federal Appropriation Codes:
Bid Amount Previous Paid Amount Invoice Amount Total Amount DIVISION 28 — ELECTRONIC SAFETY AND SECURITY
28.0000.1 FIRE ALARM SYSTEM - Rough in Material LS 1.00 80,000.00 $ 80,000.00 $ 100% 80,000.00 $ 80,000.00 80,000.00 $ - 100% 80,000.00 $ 80,000.00
28.0000.2 FIRE ALARM SYSTEM - Rough in Labor LS 1.00 150,000.00 $ 150,000.00 $ 100% 150,000.00 $ 150,000.00 150,000.00 $ - 100% 150,000.00 $ 150,000.00
28.0000.3 FIRE ALARM SYSTEM - Finish Material LS 1.00 35,000.00 $ 35,000.00 $ 80% 35,000.00 $ 28,000.00 35,000.00 $ - 80% 35,000.00 $ 28,000.00
28.0000.4 FIRE ALARM SYSTEM - Finish Labor LS 1.00 45,000.00 $ 45,000.00 $ 80% 45,000.00 $ 36,000.00 45,000.00 $ - 80% 45,000.00 $ 36,000.00
28.0000.5 FIRE ALARM SYSTEM - Test & Programming LS 1.00 10,000.00 $ 10,000.00 $ 10,000.00 $ - 10,000.00 $ - 10,000.00 $ - Division 31 - Earthwork
31.2000.1 INITIAL SWEPPP & SITE BMP LS 1.00 25,000.00 $ 25,000.00 $ 100% 25,000.00 $ 25,000.00 25,000.00 $ - 100% 25,000.00 $ 25,000.00
31.2000.2 GRADE BUILDING PAD - ROUGH GRADE LS 1.00 90,000.00 $ 90,000.00 $ 100% 90,000.00 $ 90,000.00 90,000.00 $ - 100% 90,000.00 $ 90,000.00
31.2000.3 GRADE BUILDING PAD - OVER EXCAVATE LS 1.00 450,000.00 $ 450,000.00 $ 100% 450,000.00 $ 450,000.00 450,000.00 $ - 100% 450,000.00 $ 450,000.00
31.2000.4 GRADE BUILDING PAD - COMPACTION LS 1.00 70,000.00 $ 70,000.00 $ 100% 70,000.00 $ 70,000.00 70,000.00 $ - 100% 70,000.00 $ 70,000.00
31.2000.5 GRADE BUILDING PAD - FINE GRADE LS 1.00 50,000.00 $ 50,000.00 $ 100% 50,000.00 $ 50,000.00 50,000.00 $ - 100% 50,000.00 $ 50,000.00
31.2000.6 GRADE BUILDING PAD - OFFHAUL LS 1.00 50,000.00 $ 50,000.00 $ 100% 50,000.00 $ 50,000.00 50,000.00 $ - 100% 50,000.00 $ 50,000.00
31.3213 SOIL TREATMENT "Lime Treatment" LS 1.00 80,000.00 $ 80,000.00 $ 100% 80,000.00 $ 80,000.00 80,000.00 $ - 100% 80,000.00 $ 80,000.00 Division 32 - Exterior Improvements
32.1216.1 ASPHALT PAVING - Grading LS 1.00 90,000.00 $ 90,000.00 $ 100% 90,000.00 $ 90,000.00 90,000.00 $ - 100% 90,000.00 $ 90,000.00
32.1216.2 ASPHALT PAVING - AB Rock - Material LS 1.00 15,000.00 $ 15,000.00 $ 100% 15,000.00 $ 15,000.00 15,000.00 $ - 100% 15,000.00 $ 15,000.00
32.1216.3 ASPHALT PAVING - AB Rock - Labor LS 1.00 25,000.00 $ 25,000.00 $ 100% 25,000.00 $ 25,000.00 25,000.00 $ - 100% 25,000.00 $ 25,000.00
32.1216.4 ASPHALT PAVING - Asphalt - Material LS 1.00 20,000.00 $ 20,000.00 $ 100% 20,000.00 $ 20,000.00 20,000.00 $ - 100% 20,000.00 $ 20,000.00
32.1216.5 ASPHALT PAVING - Asphalt - Labor LS 1.00 30,000.00 $ 30,000.00 $ 100% 30,000.00 $ 30,000.00 30,000.00 $ - 100% 30,000.00 $ 30,000.00
32.1313.1 CONCRETE PAVING - Forming Material LS 1.00 25,000.00 $ 25,000.00 $ 80% 25,000.00 $ 20,000.00 25,000.00 $ - 80% 25,000.00 $ 20,000.00
32.1313.2 CONCRETE PAVING - Forming Labor LS 1.00 45,000.00 $ 45,000.00 $ 80% 45,000.00 $ 36,000.00 45,000.00 $ - 80% 45,000.00 $ 36,000.00
32.1313.3 CONCRETE PAVING - Curb & Gutter Material LS 1.00 35,000.00 $ 35,000.00 $ 100% 35,000.00 $ 35,000.00 35,000.00 $ - 100% 35,000.00 $ 35,000.00
32.1313.4 CONCRETE PAVING - Curb & Gutter Labor LS 1.00 60,000.00 $ 60,000.00 $ 100% 60,000.00 $ 60,000.00 60,000.00 $ - 100% 60,000.00 $ 60,000.00
32.1313.5 CONCRETE PAVING - Rebar Material LS 1.00 20,000.00 $ 20,000.00 $ 20% 20,000.00 $ 4,000.00 20,000.00 $ - 20% 20,000.00 $ 4,000.00
32.1313.6 CONCRETE PAVING - Rebar Labor LS 1.00 35,000.00 $ 35,000.00 $ 20% 35,000.00 $ 7,000.00 35,000.00 $ - 20% 35,000.00 $ 7,000.0032.1313.7 CONCRETE PAVING - Site Pour Material LS 1.00 60,000.00 $ 60,000.00 $ 20% 60,000.00 $ 12,000.00 60,000.00 $ - 20% 60,000.00 $ 12,000.0032.1313.8 CONCRETE PAVING - Site Pour Labor LS 1.00 105,000.00 $ 105,000.00 $ 20% 105,000.00 $ 21,000.00 105,000.00 $ - 20% 105,000.00 $ 21,000.00
32.1723 PAVEMENT MARKINGS LS 1.00 8,000.00 $ 8,000.00 $ 8,000.00 $ - 8,000.00 $ - 8,000.00 $ -32.7700 RECREATIONAL SURFACING LS 1.00 30,000.00 $ 30,000.00 $ 30,000.00 $ - 30,000.00 $ - 30,000.00 $ -
32.3119.1 DECORATIVE METAL FENCES - Material LS 1.00 30,000.00 $ 30,000.00 $ 30,000.00 $ - 30,000.00 $ - 30,000.00 $ -
32.3119.2 DECORATIVE METAL FENCES - Labor LS 1.00 45,000.00 $ 45,000.00 $ 45,000.00 $ - 45,000.00 $ - 45,000.00 $ -
32.8400.1 PLANTING IRRIGATION - LAYOUT LS 1.00 5,000.00 $ 5,000.00 $ 90% 5,000.00 $ 4,500.00 5,000.00 $ - 90% 5,000.00 $ 4,500.00
32.8400.2 PLANTING IRRIGATION - TRENCHING LS 1.00 15,000.00 $ 15,000.00 $ 60% 15,000.00 $ 9,000.00 15,000.00 $ - 60% 15,000.00 $ 9,000.00
32.8400.3 PLANTING IRRIGATION - MATERIAL LS 1.00 45,000.00 $ 45,000.00 $ 60% 45,000.00 $ 27,000.00 45,000.00 $ - 60% 45,000.00 $ 27,000.00
32.8400.4 PLANTING IRRIGATION - LABOR LS 1.00 30,000.00 $ 30,000.00 $ 60% 30,000.00 $ 18,000.00 30,000.00 $ - 60% 30,000.00 $ 18,000.00
32.9113 SOIL PREPARATION LS 1.00 40,000.00 $ 40,000.00 $ 40,000.00 $ - 40,000.00 $ - 40,000.00 $ - WĂŐĞϳŽĨϭϯ
EXHIBIT 1
789
Billing Summary
Cost to Date
Attachment B-3
(Add lines as necessary for multiple appropriation codes) Item Description
Participating
(Y/N) Units
Estimated
Quantity
Contract
Price
Total
Authorized
Amount Qty or % Unit Price Amount Qty or % Unit Price Amount Qty or % Unit Price Amount Federal Project Number:
NE Stockton Library & Community Center
Federal Appropriation Codes:
Bid Amount Previous Paid Amount Invoice Amount Total Amount
32.9200 TURF AND GRASSES LS 1.00 38,500.00 $ 38,500.00 $ 38,500.00 $ - 38,500.00 $ - 38,500.00 $ -
32.9222 HYDROSEEDING LS 1.00 47,000.00 $ 47,000.00 $ 47,000.00 $ - 47,000.00 $ - 47,000.00 $ -
32.9300.1 PLANTING - MATERIAL LS 1.00 40,000.00 $ 40,000.00 $ 40,000.00 $ - 40,000.00 $ - 40,000.00 $ -
32.9300.2 PLANTING - LABOR LS 1.00 30,000.00 $ 30,000.00 $ 30,000.00 $ - 30,000.00 $ - 30,000.00 $ -
32.9800 LANDSCAPE MAINTENANCE LS 1.00 7,500.00 $ 7,500.00 $ 7,500.00 $ - 7,500.00 $ - 7,500.00 $ - Division 33 - Utilities
33.0000.1 WET UTILITIES - STORM DRAIN - TRENCHING LS 1.00 35,000.00 $ 35,000.00 $ 97% 35,000.00 $ 33,950.00 35,000.00 $ - 97% 35,000.00 $ 33,950.00
33.0000.2 WET UTILITIES - STORM DRAIN - MATERIAL LS 1.00 35,000.00 $ 35,000.00 $ 97% 35,000.00 $ 33,950.00 35,000.00 $ - 97% 35,000.00 $ 33,950.00
33.0000.3 WET UTILITIES - STORM DRAIN - LABOR LS 1.00 60,000.00 $ 60,000.00 $ 90% 60,000.00 $ 54,000.00 60,000.00 $ - 90% 60,000.00 $ 54,000.00
33.0000.4 WET UTILITIES - SANITARY SEWER - TRENCHING LS 1.00 40,000.00 $ 40,000.00 $ 100% 40,000.00 $ 40,000.00 40,000.00 $ - 100% 40,000.00 $ 40,000.00
33.0000.5 WET UTILITIES - SANITARY SEWER - MATERIAL LS 1.00 40,000.00 $ 40,000.00 $ 100% 40,000.00 $ 40,000.00 40,000.00 $ - 100% 40,000.00 $ 40,000.00
33.0000.6 WET UTILITIES - SANITARY SEWER - LABOR LS 1.00 60,000.00 $ 60,000.00 $ 100% 60,000.00 $ 60,000.00 60,000.00 $ - 100% 60,000.00 $ 60,000.00
33.0000.7 WET UTILITIES - DOMESTIC WATER - TRENCHING LS 1.00 15,000.00 $ 15,000.00 $ 100% 15,000.00 $ 15,000.00 15,000.00 $ - 100% 15,000.00 $ 15,000.00
33.0000.8 WET UTILITIES - DOMESTIC WATER - MATERIAL LS 1.00 20,000.00 $ 20,000.00 $ 100% 20,000.00 $ 20,000.00 20,000.00 $ - 100% 20,000.00 $ 20,000.00
33.0000.9 WET UTILITIES - DOMESTIC WATER - LABOR LS 1.00 40,000.00 $ 40,000.00 $ 100% 40,000.00 $ 40,000.00 40,000.00 $ - 100% 40,000.00 $ 40,000.00
33.0000.10 WET UTILITIES - FIRE WATER - TRENCHING LS 1.00 15,000.00 $ 15,000.00 $ 95% 15,000.00 $ 14,250.00 15,000.00 $ - 95% 15,000.00 $ 14,250.00
33.0000.11 WET UTILITIES - FIRE WATER - MATERIAL LS 1.00 35,000.00 $ 35,000.00 $ 95% 35,000.00 $ 33,250.00 35,000.00 $ - 95% 35,000.00 $ 33,250.00
33.0000.12 WET UTILITIES - FIRE WATER - LABOR LS 1.00 45,000.00 $ 45,000.00 $ 95% 45,000.00 $ 42,750.00 45,000.00 $ - 95% 45,000.00 $ 42,750.00
33.0000.13 WET UTILITIES - IRRIGATION WATER- TRENCHING LS 1.00 15,000.00 $ 15,000.00 $ 95% 15,000.00 $ 14,250.00 15,000.00 $ - 95% 15,000.00 $ 14,250.00
33.0000.14 WET UTILITIES - IRRIGATION WATER- MATERIAL LS 1.00 25,000.00 $ 25,000.00 $ 95% 25,000.00 $ 23,750.00 25,000.00 $ - 95% 25,000.00 $ 23,750.00
33.0000.15 WET UTILITIES - IRRIGATION WATER- LABOR LS 1.00 40,000.00 $ 40,000.00 $ 95% 40,000.00 $ 38,000.00 40,000.00 $ - 95% 40,000.00 $ 38,000.00
33.0000.16 WET UTILITIES - CURB DRAIN LS 1.00 2,000.00 $ 2,000.00 $ 2,000.00 $ - 2,000.00 $ - 2,000.00 $ -
33.1000.1 DRY UTILITIES - ELECTRICAL - TRENCHING LS 1.00 25,000.00 $ 25,000.00 $ 100% 25,000.00 $ 25,000.00 25,000.00 $ - 100% 25,000.00 $ 25,000.00
33.1000.2 DRY UTILITIES - ELECTRICAL - LABOR LS 1.00 35,000.00 $ 35,000.00 $ 100% 35,000.00 $ 35,000.00 35,000.00 $ - 100% 35,000.00 $ 35,000.00
33.1000.3 DRY UTILITIES - ELECTRICAL - MATERIAL LS 1.00 40,000.00 $ 40,000.00 $ 100% 40,000.00 $ 40,000.00 40,000.00 $ - 100% 40,000.00 $ 40,000.00
33.1000.4 DRY UTILITIES - GAS - TRENCHING LS 1.00 15,000.00 $ 15,000.00 $ 100% 15,000.00 $ 15,000.00 15,000.00 $ - 100% 15,000.00 $ 15,000.00
33.1000.5 DRY UTILITIES - GAS - MATERIAL LS 1.00 30,000.00 $ 30,000.00 $ 100% 30,000.00 $ 30,000.00 30,000.00 $ - 100% 30,000.00 $ 30,000.00
33.1000.6 DRY UTILITIES - GAS - LABOR LS 1.00 45,000.00 $ 45,000.00 $ 100% 45,000.00 $ 45,000.00 45,000.00 $ - 100% 45,000.00 $ 45,000.00 Item Subtotal 14,450,556.00 11,590,550.00 - 11,590,550.00 CCO
1 Change Order#1
CCO1.1 PCO1: Weld Type for Column Flange Connections LS 1.00 2,735.64 $ 2,735.64 $ 100% 2,735.64 $ 2,735.64 2,735.64 $ - 100% 2,735.64 $ 2,735.64 CCO1.2 PCO3: Weld Type for Main Entrance Assembly LS 1.00 1,193.40 $ 1,193.40 $ 100% 1,193.40 $ 1,193.40 1,193.40 $ - 100% 1,193.40 $ 1,193.40CCO1.3 PCO7: Re-route Plumbing Pipe LS 1.00 3,694.12 $ 3,694.12 $ 100% 3,694.12 $ 3,694.12 3,694.12 $ - 100% 3,694.12 $ 3,694.12CCO1.4 PCO8: Added Rebar Reinforcing LS 1.00 4,808.13 $ 4,808.13 $ 100% 4,808.13 $ 4,808.13 4,808.13 $ - 100% 4,808.13 $ 4,808.13CCO1.5 PCO11.2: Added Manifold Systems LS 1.00 47,137.72 $ 47,137.72 $ 100% 47,137.72 $ 47,137.72 47,137.72 $ - 100% 47,137.72 $ 47,137.72 WĂŐĞϴŽĨϭϯ
EXHIBIT 1
790
Billing Summary
Cost to Date
Attachment B-3
(Add lines as necessary for multiple appropriation codes) Item Description
Participating
(Y/N) Units
Estimated
Quantity
Contract
Price
Total
Authorized
Amount Qty or % Unit Price Amount Qty or % Unit Price Amount Qty or % Unit Price Amount Federal Project Number:
NE Stockton Library & Community Center
Federal Appropriation Codes:
Bid Amount Previous Paid Amount Invoice Amount Total Amount CCO1.6 PCO13: Backsplash and Bookshelf Additions LS 1.00 3,985.20 $ 3,985.20 $ 3,985.20 $ - 3,985.20 $ - 3,985.20 $ -CCO1.7 PCO17r1: Lighting Revisions LS 1.00 21,871.08 $ 21,871.08 $ 15% 21,871.08 $ 3,280.66 21,871.08 $ - 15% 21,871.08 $ 3,280.66 CCO1.8 PCO18: Changes to Parking Lot Lighting and
Landscaping
LS 1.00 (4,170.96) $ (4,170.96) $ 15% (4,170.96) $ (625.64) (4,170.96) $ - 15% (4,170.96) $ (625.64) CCO1.9 PCO21r3: Furnish and Install Red Slurry at PGE
Electrical Main Line
LS 1.00 5,172.00 $ 5,172.00 $ 100% 5,172.00 $ 5,172.00 5,172.00 $ - 100% 5,172.00 $ 5,172.00 2 Change Order#2
CCO2.1 PCO16r1: Revisions to HVAC System LS 1.00 13,190.04 $ 13,190.04 $ 100% 13,190.00 $ 13,190.00 13,190.00 $ - 100% 13,190.00 $ 13,190.00 CCO2.2 PCO19r1: Added Roof Deck Reinforcing LS 1.00 2,949.48 $ 2,949.48 $ 100% 2,949.48 $ 2,949.48 2,949.48 $ - 100% 2,949.48 $ 2,949.48 CCO2.3 PCO24r2: Under Slab Vapor Barrier Installation LS 1.00 24,599.99 $ 24,599.99 $ 100% 24,599.99 $ 24,599.99 24,599.99 $ - 100% 24,599.99 $ 24,599.99CCO2.4 PCO25r4: Trench Shoring for Manifold Water Connection LS 1.00 4,907.79 $ 4,907.79 $ 100% 4,907.79 $ 4,907.79 4,907.79 $ - 100% 4,907.79 $ 4,907.79 CCO2.5 PCO28: Changes to IT Equipment LS 1.00 (943.72) $ (943.72) $ (943.72) $ - (943.72) $ - (943.72) $ -CCO2.6 PCO29r1 & 31r1: 21 Day Failed Concrete Pour Delay LS 1.00 - $ - $ 100% - $ - - $ - 100% - $ - CCO2.7 PCO30r1: Radius Earthwork COVID-19 Delay LS 1.00 - $ - $ 100% - $ - - $ - 100% - $ -CCO2.8 PCO36: Shifting Storage Room Doors in Gymnasium LS 1.00 2,037.00 $ 2,037.00 $ 100% 2,037.00 $ 2,037.00 2,037.00 $ - 100% 2,037.00 $ 2,037.00 CCO2.9 PCO37: Connect Roof Drain Lines to Underground Drainage Area LS 1.00 7,539.63 $ 7,539.63 $ 100% 7,539.63 $ 7,539.63 7,539.63 $ - 100% 7,539.63 $ 7,539.63 CCO2.10 PCO38: Changes to Exterior Lighting LS 1.00 (12,971.00) $ (12,971.00) $ (12,971.00) $ - (12,971.00) $ - (12,971.00) $ -CCO2.11 PCO45: Soil Compaction Data Delay LS 1.00 - $ - $ 100% - $ - - $ - 100% - $ - 3 Change Order#3
CCO3.1 PCO12r2.3: Concrete Footings for Outdoor Fitness Equipment LS 1.00 47,495.00 $ 47,495.00 $ 47,495.00 $ - 47,495.00 $ - 47,495.00 $ - CCO3.2 PCO12r2.5: Children’s Room Casework & Fitness Room Mirror LS 1.00 5,908.13 $ 5,908.13 $ 5,908.13 $ - 5,908.13 $ - 5,908.13 $ - CCO3.3 PCO46r3: Addition of Mineral Wool Insulation & Rain Wall L Sheet Metal Paintin LS 1.00 7,081.22 $ 7,081.22 $ 100% 7,081.22 $ 7,081.22 7,081.22 $ - 100% 7,081.22 $ 7,081.22 CCO3.4 PCO51r1: Added Parapet Framing LS 1.00 8,361.02 $ 8,361.02 $ 100% 8,361.02 $ 8,361.02 8,361.02 $ - 100% 8,361.02 $ 8,361.02 4 Change Order#4
CCO4.1 PCO7: Re-route Plumbing Pipe (Time extension only ) LS 1.00 - $ - $ 100% - $ - - $ - 100% - $ - CCO4.2 PCO8: Added Rebar Reinforcing (Time extension only) LS 1.00 - $ - $ 100% - $ - - $ - 100% - $ -CCO4.3 PCO23r2.1-r2: Exterior Shade Structures LS 1.00 67,901.25 $ 67,901.25 $ 67,901.25 $ - 67,901.25 $ - 67,901.25 $ - CCO4.4 PCO66: Heat Pump Isolator LS 1.00 7,315.38 $ 7,315.38 $ 100% 7,315.38 $ 7,315.38 7,315.38 $ - 100% 7,315.38 $ 7,315.38 CCO4.5 PCO47r3: Assistive Listening System and Signage LS 1.00 15,706.47 $ 15,706.47 $ 30% 15,706.47 $ 4,711.94 15,706.47 $ - 30% 15,706.47 $ 4,711.94CCO4.6 PCO49: Black Tape Installation LS 1.00 43,875.02 $ 43,875.02 $ 70% 43,875.02 $ 30,712.51 43,875.02 $ - 70% 43,875.02 $ 30,712.51CCO4.7 PCO53: Remobilization Fee LS 1.00 6,944.00 $ 6,944.00 $ 100% 6,944.00 $ 6,944.00 6,944.00 $ - 100% 6,944.00 $ 6,944.00 CCO4.8 PCO73: Anti-Graffiti Coating for Bike Lockers LS 1.00 1,511.10 $ 1,511.10 $ 1,511.10 $ - 1,511.10 $ - 1,511.10 $ - CCO4.9 PCO74r1: Marquee Sign LS 1.00 65,201.54 $ 65,201.54 $ 10% 65,201.54 $ 6,520.15 65,201.54 $ - 10% 65,201.54 $ 6,520.15 Adjusted contract amount 14,855,591.67 $
WĂŐĞϵŽĨϭϯ
EXHIBIT 1
791
Billing Summary
Cost to Date
Attachment B-3
(Add lines as necessary for multiple appropriation codes) Item Description
Participating
(Y/N) Units
Estimated
Quantity
Contract
Price
Total
Authorized
Amount Qty or % Unit Price Amount Qty or % Unit Price Amount Qty or % Unit Price Amount Federal Project Number:
NE Stockton Library & Community Center
Federal Appropriation Codes:
Bid Amount Previous Paid Amount Invoice Amount Total Amount Approved PCOs
P1.1 PCO- 23r2.2-r2: Exterior basketball court extension per CCD 04 LS 1.00 92,509.68 $ 92,509.68 $ 92,509.68 $ - 92,509.68 $ - 92,509.68 $ - P1.2 PCO-55r2: Added self adhered flashing strip over sheet metal with Vaprobond LS 1.00 12,863.39 $ 12,863.39 $ 12,863.39 $ - 12,863.39 $ - 12,863.39 $ - P1.3 PCO-63r1: Interior framing material upgrades only for walls and headers LS 1.00 13,927.55 $ 13,927.55 $ 13,927.55 $ - 13,927.55 $ - 13,927.55 $ - P1.4 PCO-71.1: Per CCD 15 backing for added wall mounted tv LS 1.00 1,945.49 $ 1,945.49 $ 1,964.94 $ - 1,964.94 $ - 1,964.94 $ -P1.5 PCO-78: Assembly and installation of TRX Workout Equipment LS 1.00 10,749.42 $ 10,749.42 $ 10,749.42 $ - 10,749.42 $ - 10,749.42 $ - P1.6 PCO-94: Replace panel installed breakers for approved water heater LS 1.00 1,828.44 $ 1,828.44 $ 1,828.44 $ - 1,828.44 $ - 1,828.44 $ -P1.7 PCO-96: Monument signage’s foundation structure LS 1.00 6,677.59 $ 6,677.59 $ 6,677.59 $ - 6,677.59 $ - 6,677.59 $ -P1.8 PCO-99: Install operable window contact switches LS 1.00 3,637.80 $ 3,637.80 $ 3,637.80 $ - 3,637.80 $ - 3,637.80 $ -P1.9 PCO-101: Add “bugeye” emergency egress lighting in Room 104 LS 1.00 1,890.88 $ 1,890.88 $ 1,890.88 $ - 1,890.88 $ - 1,890.88 $ - P1.10 PCO- 012-R2.2: Added cost in sheet C2.0 in CCD001 LS 1.00 18,282.70 $ 18,282.70 $ 18,282.70 $ - 18,282.70 $ - 18,282.70 $ - P1.11 PCO- 012R2.4: Added cost in sheets C4.0, AS401, LS101, LS701, LI101, LI102 LS 1.00 31,740.00 $ 31,740.00 $ 31,740.00 $ - 31,740.00 $ - 31,740.00 $ - P1.12 PCO- 012-R2.6: Added cost in sheets A151A, A603 in CCD001 LS 1.00 9,271.88 $ 9,271.88 $ 9,271.88 $ - 9,271.88 $ - 9,271.88 $ -P1.13 PCO-15- Additional work per CCD006 LS 1.00 5,792.55 $ 5,792.55 $ 5,792.55 $ - 5,792.55 $ - 5,792.55 $ - P1.14 PCO-022: Lithocrete Thin-Tech Price LS 1.00 45,959.40 $ 45,959.40 $ 45,959.40 $ - 45,959.40 $ - 45,959.40 $ - P1.15 PCO- 027-R1: Additional work due to CCD#011 LS 1.00 9,157.59 $ 9,157.59 $ 9,157.59 $ - 9,157.59 $ - 9,157.59 $ - P1.16 PCO- 32: Added flex conduit to expansion joints per RFI#192, 187 LS 1.00 6,337.44 $ 6,337.44 $ 6,337.44 $ - 6,337.44 $ - 6,337.44 $ - P1.17 PCO-33:Added damp condition to H30 lights under canopy LS 1.00 477.36 $ 477.36 $ 477.36 $ - 477.36 $ - 477.36 $ - P1.18 PCO- 035-R1: Added Bracing per RFI#204 LS 1.00 11,856.47 $ 11,856.47 $ 11,856.47 $ - 11,856.47 $ - 11,856.47 $ - P1.19 PCO- 040-R1: Added cost to install weather barrier in expansion joint per RFI 18 LS 1.00 10,271.64 $ 10,271.64 $ 10,271.64 $ - 10,271.64 $ - 10,271.64 $ - P1.20 PCO-054: Design change per RFI 152 LS 1.00 3,703.32 $ 3,703.32 $ 3,703.32 $ - 3,703.32 $ - 3,703.32 $ -P1.21 PCO-059: Changes to Soffit per RFI#281 LS 1.00 9,844.89 $ 9,844.89 $ 9,844.89 $ - 9,844.89 $ - 9,844.89 $ - P1.22 PCO-064: Added cost to cut the beam flange per RFI297.1 LS 1.00 1,546.90 $ 1,546.90 $ 1,546.90 $ - 1,546.90 $ - 1,546.90 $ - P1.23 PCO-065: Added cost due to RFI299 to adjust window opening LS 1.00 6,710.11 $ 6,710.11 $ 6,710.11 $ - 6,710.11 $ - 6,710.11 $ - P1.24 PCO-70 - added cost per RFI#301 7 301.1 response. LS 1.00 5,282.28 $ 5,282.28 $ 5,282.28 $ - 5,282.28 $ - 5,282.28 $ - P1.25 PCO- 077-R1: Added hand dryers in submittal _AN sub 161_ 102800-001-0. LS 1.00 2,283.23 $ 2,283.23 $ 2,283.23 $ - 2,283.23 $ - 2,283.23 $ -P1.26 PCO-080: Added cost to Install power for the fan in room 107 per RFI#357 LS 1.00 2,813.70 $ 2,813.70 $ 2,813.70 $ - 2,813.70 $ - 2,813.70 $ - P1.27 PCO- 081-R1: Added cost to the scope of work per CCD#17 LS 1.00 16,694.35 $ 16,694.35 $ 16,694.35 $ - 16,694.35 $ - 16,694.35 $ - P1.28 PCO-082: Added cost to per CCD#18 (Roof drain & Electrical Only) LS 1.00 21,744.26 $ 21,744.26 $ 21,744.26 $ - 21,744.26 $ - 21,744.26 $ - P1.29 PCO-083: Added acoustical wall panel per submittal AN sub-220.2- 092216- 003 LS 1.00 785.16 $ 785.16 $ 785.16 $ - 785.16 $ - 785.16 $ - P1.30 PCO-084: Added Roppe#37 per RFI#345 LS 1.00 762.09 $ 762.09 $ 762.09 $ - 762.09 $ - 762.09 $ - P1.31 PCO-085: Added cost per RFI#349 LS 1.00 9,654.02 $ 9,654.02 $ 9,654.02 $ - 9,654.02 $ - 9,654.02 $ - P1.32 PCO-086: Added cost for installing soffit per CCD#19 LS 1.00 5,626.57 $ 5,626.57 $ 5,626.57 $ - 5,626.57 $ - 5,626.57 $ - P1.33 PCO-090: Added flow meter per RFI 270Series LS 1.00 23,854.44 $ 23,854.44 $ 23,854.44 $ - 23,854.44 $ - 23,854.44 $ - P1.34 PCO- 091-R1: Provide power to sprinkler bell Per RFI385 LS 1.00 4,102.12 $ 4,102.12 $ 4,102.12 $ - 4,102.12 $ - 4,102.12 $ - WĂŐĞϭϬŽĨϭϯ
EXHIBIT 1
792
Billing Summary
Cost to Date
Attachment B-3
(Add lines as necessary for multiple appropriation codes) Item Description
Participating
(Y/N) Units
Estimated
Quantity
Contract
Price
Total
Authorized
Amount Qty or % Unit Price Amount Qty or % Unit Price Amount Qty or % Unit Price Amount Federal Project Number:
NE Stockton Library & Community Center
Federal Appropriation Codes:
Bid Amount Previous Paid Amount Invoice Amount Total Amount P1.35 PCO-093: Changes to the Artwork at gate G100 in CCD#18 LS 1.00 11,056.38 $ 11,056.38 $ 11,056.38 $ - 11,056.38 $ - 11,056.38 $ - P1.36 PCO-097: Added cost to install smart gas and water meter LS 1.00 13,505.01 $ 13,505.01 $ 13,505.01 $ - 13,505.01 $ - 13,505.01 $ - P1.37 PCO-100: Added cost Per RFI#388 LS 1.00 12,733.58 $ 12,733.58 $ 12,733.58 $ - 12,733.58 $ - 12,733.58 $ - P1.38 PCO-103: Added cost Per CCD#15, Seal the hole LS 1.00 2,900.13 $ 2,900.13 $ 2,900.13 $ - 2,900.13 $ - 2,900.13 $ - P1.39 PCO-042-R1- Added cost for Mechanical equipment & opening support Per RFI LS 1.00 60,208.92 $ 60,208.92 $ 60,208.92 $ - 60,208.92 $ - 60,208.92 $ - P1.40 PCO-044-R1 - Changes to contract drawing for Lithocrete scope of work per CC LS 1.00 3,043.44 $ 3,043.44 $ 3,043.44 $ - 3,043.44 $ - 3,043.44 $ - P1.41 PCO-052 - Change framing of restroom A per RFI266.2 LS 1.00 1,969.06 $ 1,969.06 $ 1,969.06 $ - 1,969.06 $ - 1,969.06 $ - P1.42 PCO-060 - Added cost by RFI#193 LS 1.00 6,162.36 $ 6,162.36 $ 6,162.36 $ - 6,162.36 $ - 6,162.36 $ - P1.43 PCO-061-R1 - Additional cost of changes to header of window A17, door 113C a LS 1.00 3,871.39 $ 3,871.39 $ 3,871.39 $ - 3,871.39 $ - 3,871.39 $ - P1.44 PCO-062 - Added interior framing design LS 1.00 15,408.67 $ 15,408.67 $ 15,408.67 $ - 15,408.67 $ - 15,408.67 $ - P1.45 PCO-067 - Added cost to install insulation in fiberglass sandwich panel voids per LS 1.00 4,361.90 $ 4,361.90 $ 4,361.90 $ - 4,361.90 $ - 4,361.90 $ - P1.46 PCO-069 - To add access doors and recess the fan coil per RFI 307 LS 1.00 5,907.03 $ 5,907.03 $ 5,907.03 $ - 5,907.03 $ - 5,907.03 $ - P1.47 PCO-072 - Added cost due to RFI 327 response LS 1.00 972.00 $ 972.00 $ 972.00 $ - 972.00 $ - 972.00 $ - P1.48 PCO-076 - Added insulation around curtain walls and doors LS 1.00 7,070.58 $ 7,070.58 $ 7,070.58 $ - 7,070.58 $ - 7,070.58 $ - P1.49 PCO-079 - Added cost to extend walls per RFI 303 & 303.1 LS 1.00 5,422.08 $ 5,422.08 $ 5,422.08 $ - 5,422.08 $ - 5,422.08 $ - P1.50 PCO-087 - Added cost per RFI#369 LS 1.00 7,633.67 $ 7,633.67 $ 7,633.67 $ - 7,633.67 $ - 7,633.67 $ -P1.51 PCO-088 - Added cost per RFI#374 for added reinforcement LS 1.00 21,602.75 $ 21,602.75 $ 21,602.75 $ - 21,602.75 $ - 21,602.75 $ - P1.52 PCO-095 - Added cost Per RFI#393 LS 1.00 5,566.83 $ 5,566.83 $ 5,566.83 $ - 5,566.83 $ - 5,566.83 $ - P1.53 PCO-098 - Added cost split electrical panel P2 to 2 sections in CCD#21 gas and LS 1.00 5,743.63 $ 5,743.63 $ 5,743.63 $ - 5,743.63 $ - 5,743.63 $ - P1.54 PCO-102 - Added cost Per CCD#20 LS 1.00 73,564.02 $ 73,564.02 $ 73,564.02 $ - 73,564.02 $ - 73,564.02 $ - Res1.1 Additional work - Remobilization LS 1.00 980,000.00 $ 980,000.00 $ 980,000.00 $ - 980,000.00 $ - 980,000.00 $ - Res1.2 Additional Work - General Condition LS 1.00 550,000.00 $ 550,000.00 $ 550,000.00 $ - 550,000.00 $ - 550,000.00 $ - Res1.3 Additional Work - Demobilization LS 1.00 10,000.00 $ 10,000.00 $ 10,000.00 $ - 10,000.00 $ - 10,000.00 $ - Res1.4 Additional Work - Rework LS 1.00 310,000.00 $ 310,000.00 $ 310,000.00 $ - 310,000.00 $ - 310,000.00 $ -Res1.5 Concrete and waterproofing fix LS 1.00 78,000.00 $ 78,000.00 $ 78,000.00 $ - 78,000.00 $ - 78,000.00 $ - Concrete Slab Waterproofing at sheet metal around glazing Glazing ADA access Fire Damages
Res1.6 Interior LS 1.00 500,000.00 $ 500,000.00 $ 500,000.00 $ - 500,000.00 $ - 500,000.00 $ - Remove finishes as it is necessary
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793
Billing Summary
Cost to Date
Attachment B-3
(Add lines as necessary for multiple appropriation codes) Item Description
Participating
(Y/N) Units
Estimated
Quantity
Contract
Price
Total
Authorized
Amount Qty or % Unit Price Amount Qty or % Unit Price Amount Qty or % Unit Price Amount Federal Project Number:
NE Stockton Library & Community Center
Federal Appropriation Codes:
Bid Amount Previous Paid Amount Invoice Amount Total Amount Remove ducts and registers Remove fan coils Remove light fixtures and devices as it is necessary Remove damaged plumbing fixture Remove roofing Vacuum areas effected by smoke Encapsulate areas effected by smoke Cleanup and hauling of debris Res1.7 Inspection and investigation of structure LS 1.00 50,000.00 $ 50,000.00 $ 50,000.00 $ - 50,000.00 $ - 50,000.00 $ - Res1.8 Structure repair LS 1.00 250,000.00 $ 250,000.00 $ 250,000.00 $ - 250,000.00 $ - 250,000.00 $ -Res1.9 Steel deck repair LS 1.00 100,000.00 $ 100,000.00 $ 100,000.00 $ - 100,000.00 $ - 100,000.00 $ - Res1.10 Framing repair LS 1.00 200,000.00 $ 200,000.00 $ 200,000.00 $ - 200,000.00 $ - 200,000.00 $ - Res1.11 New roof LS 1.00 200,000.00 $ 200,000.00 $ 200,000.00 $ - 200,000.00 $ - 200,000.00 $ - Res1.12 Electrical LS 1.00 1,200,000.00 $ 1,200,000.00 $ 1,200,000.00 $ - 1,200,000.00 $ - 1,200,000.00 $ - Res1.13 Mechanical LS 1.00 1,200,000.00 $ 1,200,000.00 $ 1,200,000.00 $ - 1,200,000.00 $ - 1,200,000.00 $ - Res1.14 Plumbing LS 1.00 150,000.00 $ 150,000.00 $ 150,000.00 $ - 150,000.00 $ - 150,000.00 $ - Res1.15 Glazing LS 1.00 250,000.00 $ 250,000.00 $ 250,000.00 $ - 250,000.00 $ - 250,000.00 $ - Res1.16 New gypboard LS 1.00 450,000.00 $ 450,000.00 $ 450,000.00 $ - 450,000.00 $ - 450,000.00 $ - Res1.17 Replace damaged tiles LS 1.00 50,000.00 $ 50,000.00 $ 50,000.00 $ - 50,000.00 $ - 50,000.00 $ - Res1.18 New insulation as it is necessary LS 1.00 180,000.00 $ 180,000.00 $ 180,000.00 $ - 180,000.00 $ - 180,000.00 $ - Res1.19 New acoustical and wood panel as it is necessary LS 1.00 350,000.00 $ 350,000.00 $ 350,000.00 $ - 350,000.00 $ - 350,000.00 $ - Res1.20 New fire sprinkler heads as it is necessary LS 1.00 200,000.00 $ 200,000.00 $ 200,000.00 $ - 200,000.00 $ - 200,000.00 $ - Res1.21 New Paint LS 1.00 120,000.00 $ 120,000.00 $ 120,000.00 $ - 120,000.00 $ - 120,000.00 $ - Res1.22 Exterior LS 1.00 80,000.00 $ 80,000.00 $ 80,000.00 $ - 80,000.00 $ - 80,000.00 $ - Remove cement panels to observe waterproofing Repair waterproofing as necessary Re-install cement panels Replace damaged cement panels Res1.23 PVs, Inspect and repair as it is necessary LS 1.00 80,000.00 $ 80,000.00 $ 80,000.00 $ - 80,000.00 $ - 80,000.00 $ - Res1.24 Miscellaneous and Contingency LS 1.00 550,000.00 $ 550,000.00 $ 550,000.00 $ - 550,000.00 $ - 550,000.00 $ - Res1.25 Supervision LS 1.00 300,000.00 $ 300,000.00 $ 300,000.00 $ - 300,000.00 $ - 300,000.00 $ - Res1.26 Overhead LS 1.00 500,000.00 $ 500,000.00 $ 500,000.00 $ - 500,000.00 $ - 500,000.00 $ - Total 6,960,000.00 $
Res1.27 Builders risk insurance 1.00 150,000.00 $ 150,000.00 $ 150,000.00 $ - 150,000.00 $ - 150,000.00 $ CCO Subtotal 10,122,323.81 194,266.15 - 194,266.15
Grand Total 24,572,879.81 11,784,816.15 - 11,784,816.15 WĂŐĞϭϮŽĨϭϯ
EXHIBIT 1
794
Billing Summary
Cost to Date
Attachment B-3
(Add lines as necessary for multiple appropriation codes) Item Description
Participating
(Y/N) Units
Estimated
Quantity
Contract
Price
Total
Authorized
Amount Qty or % Unit Price Amount Qty or % Unit Price Amount Qty or % Unit Price Amount Federal Project Number:
NE Stockton Library & Community Center
Federal Appropriation Codes:
Bid Amount Previous Paid Amount Invoice Amount Total Amount Original Contract Amount:
Contractor Signature: Contract Changes:Print Name & Date: Revised Contract Amount:
Previous Work Completed:
Previous Retention Amount:
Project Manager /Engineer: Previous Net Billed:
Work Completed to Date:
Retention amount:
Net Billed To Date:
Work Completed this Estimate
Retention this Estimate:
Amount due to Contractor this Invoice REVISED 9/27/21
14,450,556.00 $ 10,122,323.81 $ 24,572,879.81 $ 11,784,816.15 $ 589,240.81 $
- $
- $
11,195,575.34 $ 11,784,816.15 $
589,240.81 $
11,195,575.34 $
- $
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EXHIBIT 1
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CITY OF STOCKTON Page 20 of 21
4858-6072-7779 v12
EXHIBIT I
Subcontractors
EXHIBIT 1
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CITY OF STOCKTON Page 21 of 21
4858-6072-7779 v12
EXHIBIT I - Subcontractors
Returning Subcontractors
• North Star
• T.B. Penick
• River City Millwork
• Miller Paneling Specialties
• Sullivan Construction Inc
• Peak General Contractors
• Cemco Acoustical
• Harold W Thompson
• Valdez Painting Inc
• SJP Signs
• Golden Rule Signs
• Stumbaugh and Accociates, Inc
• Partition Specialties, Inc
• US Shade
• California Facility Specialties
• Peninsulators
• B. T. Mancini, Inc
• ABE Builders
• ABE FP
• Pinasco Mechanical Contractor
• L&H Airco
• Collins Electrical Company
• Radius Earthwork
• Centerline
• FlexGround Surface Inc
• Stockton Fence & Material
• Decker Landscaping
• R&S Doors
Patriot presently anticipates that the following subcontractors will not participate in the resumption and completion and will seek permission in accord with the Contract:
• Best Contracting Services
• DC Tile Inc
• ECO HVAC
• BAF Specialty
• Weldway Steel Fab
EXHIBIT 1
797
City of Stockton
Legislation Text
File #: 24-1035, Version: 1
ADOPT RESOLUTION TO AUTHORIZE THE ISSUANCE OF INDUSTRIAL WASTE COLLECTOR
PERMITS
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Authorize the issuance of industrial waste collector permits to Sunrise Sanitation, Inc. (Republic Services), USA Waste of California, Inc. (WM, formerly Waste Management), and California Waste Recovery Systems, LLC (Cal-Waste).
2. Authorize the City Manager, or designee, to enter into and execute agreements with Councilauthorized industrial waste collector permittees for the collection and disposal of industrial waste in the City of Stockton limits.
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 City’s industrial waste collector permits expire on December 31, 2024. Current industrial waste collector permit holders, Sunrise Sanitation, Inc. (Republic Services), USA Waste of California, Inc. (WM), and California Waste Recovery Systems, LLC (Cal-Waste), have applied for new permits. Staff have reviewed the applications and confirmed that each applicant complied with all Stockton Municipal Code (SMC) requirements to perform industrial waste collection service in the City.
DISCUSSION
Background
In 1981, the City separated its commercial and industrial waste collections from residential collections by establishing a non-exclusive, open-market, competitive permit system. This system continued until 2004 when the City consolidated residential and commercial collection into exclusive franchises and amended the SMC to require franchisees and industrial waste permittees to divert 50 percent of collected waste from landfills per State Assembly Bill (AB) 939 regulations.
Industrial waste collector permits have since been issued and extended, with the most recent issuance occurring in 2019 with Council approval. The permit process includes a $100,000 permit fee and compliance with State regulations, including, but not limited to:
· AB 939 California’s Recycling Mandate
City of Stockton Page 1 of 3 Printed on 11/7/2024
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File #: 24-1035, Version: 1
· Senate Bill 1383 California’s Short-Lived Climate Pollutant Reduction Law · California Green Building Standards Code, Part 11, Title 24, California Code of Regulations (CALGreen)
CALGreen requires local construction permits to divert at least 65 percent of construction and demolition debris material from landfills.
Present Situation
The City has three industrial waste collector permits set to expire on December 31, 2024. All three of the City’s current industrial waste haulers have re-applied for an industrial waste collector permit. The SMC requires the following before new permits can be issued:
· That the City Council approve permits through a majority vote; · That permittees pay a fee of $100,000 for the issuance of an industrial waste collector permit; and
· That permittees provide adequate insurance coverage as required by the City to perform industrial waste collection services.
The City may choose to renew the permits for up to two additional five-year terms. Staff have reviewed the applications and confirmed that all SMC requirements have been met.
If approved, the industrial waste collector permit fees totaling $300,000 will be allocated for clearance pruning of City-owned trees across the City. Clearance pruning of City trees will ensure that waste collection trucks can safely access waste containers without obstruction from tree limbs. Additionally, clearance pruning allows the street sweepers closer access to the curb line, ensuring more effective street sweeping.
If the permits are approved, each permittee will also pay the City an 18.5 percent permit fee and a five percent AB 939 fee based on the permittee’s monthly gross receipts.
FINANCIAL SUMMARY
The $100,000 permit fees will be applied to the Solid Waste and Recycling account 4560-000-470007 -255-000-30-45-000-000.
The monthly 18.5 percent permit fees will be applied to the following General Fund accounts:
Republic Services:
0000-000-414037-100-000-00-00-000-000
Waste Management:
0000-000-414036-100-000-00-00-000-000
California Waste Recovery:
0000-000-414035-100-000-00-00-000-000
City of Stockton Page 2 of 3 Printed on 11/7/2024
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File #: 24-1035, Version: 1
The monthly five percent AB 939 fees will be applied to the following Solid Waste and Recycling accounts:
Republic Services:
0000-000-414037-255-000-00-00-000-000
Waste Management:
0000-000-414036-255-000-00-00-000-000
California Waste Recovery:
0000-000-414035-255-000-00-00-000-000
There is no additional impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended action.
City of Stockton Page 3 of 3 Printed on 11/7/2024
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Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION AUTHORIZING THE ISSUANCE OF INDUSTRIAL WASTE
COLLECTOR PERMITS
Stockton Municipal Code Sections 8.04.290 and 8.04.300 provide that an industrial waste collector must have a permit to conduct business; and Such permit is to be issued upon a majority vote of the City Council; and In August 2024, Sunrise Sanitation, Inc. (Republic Services), USA Waste of California, Inc. (WM, formerly Waste Management), and California Waste Recovery Systems, LLC (Cal-Waste) each paid a fee of $100,000 for the issuance of a permit for the collection of industrial waste; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council hereby issues industrial waste collector permits, copies of which are attached as Exhibits 1, 2, and 3 and incorporated by this reference to:
California Waste Recovery Systems, LLC (Cal-Waste)
Sunrise Sanitation, Inc. (Republic Services)
USA Waste of California, Inc. (WM, formerly Waste Management)
2. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED November 12, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton
801
NON-EXCLUSIVE INDUSTRIAL WASTE COLLECTION AGREEMENT
BETWEEN THE CITY OF STOCKTON AND CALIFORNIA WASTE
RECOVERY SYSTEMS, LLC
This Agreement is made and entered into on ________________ 2024, by and between the CITY OF STOCKTON, a municipal corporation (“CITY”), and California Waste Recovery Systems, LLC ("CONTRACTOR").
RECITALS
The Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 ("AB 939") (California Public Resources Code Section 40000 et seq.), has declared that it is in the public interest to authorize and require local agencies to make adequate provisions for solid waste handling within their jurisdictions; and
The CITY has determined that the public health, safety and welfare require that non-exclusive contracts be awarded to qualified companies for the collection, transport and disposal of industrial waste in the CITY; and
The Legislature has found and declared in Section 49510 of the Public Resources Code that it is in the public interest to foster and encourage solid waste enterprise so that, at all times, there will continue to be competent enterprises willing and financially able to furnish needed solid waste handling service; and One of the purposes of this Agreement is to regulate such enterprises in order to ensure the orderly collection, transportation, recycling and disposal of industrial waste in the CITY and to minimize the potential for adverse effects on the local environment; and
The CITY requires haulers wishing to provide industrial waste collection services in the CITY to enter into an agreement with the CITY in order to regulate this business, ensure its orderly operation and to minimize the potential for adverse effects to the local environment; and
CONTRACTOR has requested that the CITY enter into a non-exclusive industrial waste collection agreement; and
The CITY has determined that entering into a non-exclusive agreement with the CONTRACTOR is in the public's interest; and
The CITY intends to receive value for entering into the non-exclusive agreement; and
CONTRACTOR acknowledges that it shall arrange for the proper disposal of all EXHIBIT 1
802
industrial waste collected in the CITY and the CITY is not instructing CONTRACTOR how to collect, transport or recycle or dispose of industrial waste so long as its operation is consistent with City Code, applicable laws, and diversion requirements (AB 939 and California Green Building Standards Code, 24 CCR, Part 11); and The CITY and CONTRACTOR desire to enter into an industrial waste collection Agreement in order that CONTRACTOR may provide industrial waste collection, transportation and disposal services in the CITY.
NOW, THEREFORE, based on the mutual promises contained herein, the parties agree as follows:
Section 1. Grant of Non-Exclusive Agreement.
a. The CITY hereby grants to CONTRACTOR a non-exclusive right to engage in the collection of industrial waste, as defined in Title 8, Chapter 8.04.290 through 8.04.340 of the Stockton Municipal Code, and authorizes CONTRACTOR to engage in the business of collecting, transporting, recycling and disposing of solid waste and recyclables generated by industrial generators within the Stockton City limits.
Industrial generators include manufacturing facilities, factories, food processors, refineries, and publicly operated treatment works.
b. The CITY will not take any action, such as granting of an exclusive franchise, which would deprive CONTRACTOR from competing to provide services included in this Agreement for the period this Agreement is in effect. c. The CONTRACTOR shall be entitled to apply for and obtain new permits as may be required for collection of industrial waste upon the expiration of the term of this Agreement if CONTRACTOR meets permit conditions as are set forth by then current city ordinances. All future permit(s) will be issued pursuant to terms provided for by ordinance, which may include, but not be limited to, payment of permit issuance fees, permit fees, AB 939 fees, and diversion goals, including the California Green Building Standards Code, 24 CCR, Part 11 (CALGreen).
Section 2. Acceptance of Non-Exclusive Agreement.
CONTRACTOR hereby enters into this Agreement on the terms and conditions set forth in this Agreement, City Code, and all related ordinances and resolutions.
Section 3. Exceptions to Agreement.
The following services are expressly excluded from this Agreement:
a. Self-haul materials, which are generated by an industrial entity and EXHIBIT 1
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delivered by that entity directly to a transfer station or disposal facility. b. All residential and commercial solid waste, recyclables, and organics that are collected pursuant to the terms of two separate Collection Services Agreements for Recycling, Organics, and Solid Waste Collection, Processing, and Disposal Services with USA Waste of California, Inc. (WM), and Sunrise Sanitation, Inc. (Republic Services) c. Removal of materials from premises by a contractor or individual as an incidental part of a gardening, landscaping, tree trimming, cleaning, construction, demolition, maintenance or similar service offered by that contractor or individual and not a subcontracted hauling contractor.
Section 4. Term of Agreement.
Subject to Sections 23 and 36 of this Agreement, the initial term of this Agreement shall commence on January 1, 2025, and shall expire on December 31, 2029.
The term of the Agreement may be extended up to two (2) optional five-year terms by a written amendment executed by both parties. However, the total term of the Agreement including the extended term shall not exceed fifteen (15) years. This section constitutes the CITY's five-year notice that may or may not be required under Public Resources Code Section 49520. The parties agree that CONTRACTOR shall be entitled to a notice of at least one hundred and twenty (120) days prior to the expiration of this Agreement in the event the CITY determines to change the system from a nonexclusive collection system to an exclusive collection system after expiration of the term hereof.
Section 5. Conditions for Effectiveness.
The effectiveness of this Agreement is subject to CONTRACTOR's satisfaction of all the conditions set forth below.
a. Accuracy of Representations. The representation and warranties made by CONTRACTOR upon entering into this Agreement are true and correct on and as of the effective date.
b. Absence of Litigation. There is no litigation pending on the effective date in any court challenging the award or execution of this Agreement or seeking to restrain or enjoin its performance.
c. Furnishing of Insurance. CONTRACTOR has furnished evidence of the Insurance required by Section 15 of this Agreement.
EXHIBIT 1
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Section 6. Contractor Fees.
a. Upon final execution hereof, CONTRACTOR shall pay to CITY a onetime fee of $100,000 (One hundred thousand dollars) pursuant to Section 4 above.
During the term of this Agreement, yet subject to the effective date of the applicable City Code provisions relating to the payment of fees, CONTRACTOR shall pay to the CITY such fees, as set forth below, for the privilege of engaging in the business of collecting, recycling, transporting and disposing of industrial waste from within the City limits:
(1) The Contractor fees listed in subsections 2 and 3 shall be determined based on all industrial recycling and solid waste collection revenues billed and received by CONTRACTOR from customers located in the CITY or, if CONTRACTOR provides the service for free, contractor fees shall be based on fair market value of the service as determined by the Public Works Director. (2) CONTRACTOR shall pay to the CITY a Contractor Permit Fee equal to eighteen and one-half percent (18.5%) of the gross revenue collected for performing industrial waste collection services.
(3) CONTRACTOR shall also pay to the CITY an AB 939 Fee equal to five percent (5%) of the gross revenue collected for performing industrial waste collection services.
b. Contractor Permit and AB 939 fees may be modified in the amount and manner of payment at any time during the term of this Agreement at the sole discretion of the CITY.
c. Contractor shall pay the City a one-time $100,000 fee before the Agreement is approved pursuant to Section 4 above.
Section 7. Contractor Fees - Permit and AB 939 Fee Payments. a. Contractor Permit and AB 939 fees shall be payable monthly and shall be due and payable on or before the fifteenth (15) day of the month immediately following the month in which collection services were provided. Each payment shall be calculated in accordance with the provisions of this Agreement. b. The Contractor Permit and AB 939 fees shall be paid to the City’s Administrative Services Department. Each payment shall be accompanied by a written statement, verified by the person making the payment, or a duly authorized representative of the person, showing the calculation of the Contractor Permit and AB 939 fees payable in such form and detail as the CITY may require and such other information as the CITY may determine is material to a determination of the amount due. CONTRACTOR shall pay all required Contractor Permit and AB 939 fees to:
EXHIBIT 1
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City of Stockton
Attention: Administrative Services Department
P.O. Box 2107
Stockton, CA 95201
Email: [email protected]
c. No statement filed under this Section shall be conclusive as to the matters set forth in such statement, nor shall the filing of such statement preclude the CITY from collecting by appropriate action the sum that is actually due and payable. d. If Contractor Permit and AB 939 fees are not paid by the CONTRACTOR at the times required by this Section, then in addition to the Contractor fees, the CONTRACTOR shall pay a late payment charge in an amount equal to five percent (5%) of the Contractor fee that is due, plus interest equal to one percent (1%) for each month in which the Contractor fee was not timely paid.
e. If CONTRACTOR remits Contractor Permit and AB 939 fees by personal delivery to the CITY, such payment shall be deemed timely only if delivered on or before the due date. If CONTRACTOR remits Contractor Permit and AB 939 fees by mail or other delivery service, such payment shall be deemed timely only if (1) the envelope containing the payment bears a postmark or receipt showing that the payment was mailed or sent on or before the due date or (2) CONTRACTOR submits proof satisfactory to the City Manager that the payment was in fact deposited in the mail or sent on or before said due date.
f. In the event CONTRACTOR believes that it has paid Contractor Permit and AB 939 fees in excess of the fees due to the CITY, CONTRACTOR may submit a request for refund to the City Manager on a form provided by said City Manager. If proof of overpayment is satisfactory to the City Manager, the City Manager shall and is hereby authorized to refund to CONTRACTOR any overpayment. CONTRACTOR shall not apply any overpayment as a credit against any Contractor fees or other amounts payable to the CITY unless specifically so pre-authorized by the City Manager in writing.
Section 8. Ownership of Industrial Solid Waste.
The CITY does not gain any ownership or right to possess industrial solid waste collected by CONTRACTOR pursuant to this Agreement. Subject to the provisions of this Agreement, CONTRACTOR shall have title to and may retain, recycle, process, dispose of, or use the industrial solid waste which it collects.
Section 9. Disposal of Industrial Solid Waste.
CONTRACTOR shall dispose of industrial solid waste collected or transported by EXHIBIT 1
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CONTRACTOR only by taking such industrial solid waste to a landfill or transfer station, which is lawfully authorized to accept such solid waste, with notice to the CITY of the location. CONTRACTOR may take recycled materials to a permitted facility of its choice with notice to the CITY of the location. CONTRACTOR shall not dispose of such industrial solid waste by depositing it on any land, whether public or private, or in any river, stream or other waterway, or in any sanitary sewer or storm drainage system.
Section 10. Public Access to CONTRACTOR
A responsible and qualified representative of the CONTRACTOR shall be available at the CONTRACTOR's office during office hours for communication with the CITY or the public.
Section 11. Customer Education
CONTRACTOR shall provide to each customer a printed list that outlines the materials that may be placed in industrial waste containers and those that are unacceptable.
Section 12. Tonnage Reports
a. CONTRACTOR shall file with the Public Works Director or designee a quarterly report of the quantities of industrial waste collected, transported, diverted, and/or disposed. Such report shall be in such form and detail as required by the Public Works Director or designee. Specifically, the report shall contain, but not be limited to, the following information:
(1) The industrial waste tonnage the CONTRACTOR collected within the CITY that was diverted during the previous quarter and the location of the facility where such waste was diverted;
(2) The industrial waste tonnage collected within the CITY that was disposed of during the previous quarter and the location of the disposal facility where the disposal of such waste occurred.
b. CONTRACTOR shall maintain quarterly records, on forms prescribed by the Public Works Director or designee, containing such information as may be required by the Public Works Director or designee pertaining to the number and types of accounts served by the CONTRACTOR. This information shall be provided to the Public Works Director or designee upon request.
c. The Public Works Director or designee shall maintain guidelines, forms and other appropriate material to assist CONTRACTOR in preparing the reports required by this Section. CONTRACTOR's failure to file the reports required by this Section shall constitute cause for termination or suspension of this Agreement.
EXHIBIT 1
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d. If the quarterly report required under subsection a, above, is not filed by the due date, the report shall be deemed delinquent, and the CONTRACTOR shall pay to the CITY a delinquent report charge in the amount of fifty dollars ($50.00). If the report remains delinquent for more than fifteen (15) days, the CONTRACTOR shall pay to the CITY a delinquent report charge in the amount of one hundred dollars ($100.00). Such delinquent report charge shall be in addition to any Contractor fees or other charges payable by the CONTRACTOR for the same period.
e. Each quarterly report shall be submitted on or before the fifteenth (15th) day of the calendar month immediately following the reportable quarter and shall be submitted to the Public Works Director or designee by email to [email protected].
f. As part of an investigation for terminating this Agreement for cause, subject to Section 23 of this Agreement and upon the reasonable request of the Public Works Director or designee, CONTRACTOR shall submit to the CITY monthly reports including a listing of each receptacle size in the CITY from which CONTRACTOR collected industrial waste during the reportable month; the number of collections of each listed container during the reportable month; the total volume (cubic yards) of industrial waste collected in the CITY during the reportable month; the total weight (in tons) of industrial waste disposed of by CONTRACTOR at landfills and transfer stations during the reportable month; the total weight (in tons) and the weight by material category (in tons) of industrial waste delivered by CONTRACTOR to recycling and materials recovery facilities during the reportable month; the number of service locations by volume (cubic yards) of service provided; CONTRACTOR's gross receipts for collection services provided in the CITY during the reportable month; and such additional information as may be required by the Public Works Director or designee. Such monthly reports shall be prepared in a form as required by the Public Works Director or designee.
Section 13. Inspection Authority.
a. CONTRACTOR shall at all times maintain, without limitation, the following:
accurate and complete accounts of all revenues arising out of its operations under this Agreement; any service complaints received and how they were resolved; all solid waste collected, transported and/or disposed of; the source of such solid waste; and the final destination of such solid waste. CONTRACTOR's books, accounts and records reasonably necessary for the enforcement of this Agreement shall be made available for inspection, examination and audit during normal business hours by authorized officers, employees and agents of the CITY. The CITY shall provide CONTRACTOR written notice at least three (3) business days prior to any inspection, audit or examination of these records.
b. In the event any audit conducted by the CITY or by the CITY's representative discloses that CONTRACTOR has made any intentional misrepresentation with respect to the Contractor fees or its diversion amounts to the CITY or discloses EXHIBIT 1
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that CONTRACTOR has underpaid Contractor fees due to the CITY in an amount greater than One Thousand Dollars ($1,000) or ten percent (10%) of the Contractor fees payable to the CITY during the period covered by the audit, whichever amount is greater, then in addition to any other remedies available to the CITY, CONTRACTOR shall reimburse the CITY for the CITY's costs incurred in the performance of the audit.
Such reimbursement shall be paid by CONTRACTOR, along with any underpaid Contractor fees, late payments and interest, within thirty (30) days after the date the CITY notifies CONTRACTOR of the amount of the CITY's costs.
Section 14. Service Fees
CONTRACTOR shall set its own service fees for industrial waste collection services.
Section 15. Insurance Requirements.
CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage 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. With respect to General Liability, Errors & Omissions, Contractors Pollution Liability, and/or Asbestos Pollution Liability, coverage should be maintained for a minimum of five (5) years after contract completion.
Minimum Scope and Limits 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. Insurance Services Office Form Number CA 0001 covering any auto (Code 1), or if Contractor has no owned autos, hired (Code 8) and non-owned (Code 9) autos, with limit no less than $2,000,000 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. (4) Contractors Pollution Liability applicable to the work being EXHIBIT 1
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performed, with a limit no less than $1,000,000 per claim or occurrence and $1,000,000 aggregate per policy period of one year.
If CONTRACTOR maintains broader coverage and/or higher limits than the minimums shown above, CITY requires and shall be entitled to the broader coverage and/or 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 CITY.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by CITY. The City of Stockton may require 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 Insured. 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.
Other Insurance Provisions.
A. The General Liability, Automobile Liability, Contractors Pollution Liability, and/or Asbestos Pollution policies are to contain, or be endorsed to contain, the following provisions:
(1) The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds 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, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions 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. (2) For any claims related to this project, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, EXHIBIT 1
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agents, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, agents, 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.
(3) Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
B. The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by Contractor pursuant to the contract. This coverage may also be provided on the Contractors Pollution Liability policy.
C. If General Liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions coverages are written on a claims-made form:
(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 an extended period coverage for a minimum of five (5) years after completion of contract work.
(4) A copy of the claims reporting requirements must be submitted to the City of Stockton for review.
(5) If the services involve lead-based paint or asbestos identification / remediation, the Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification / remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of “Pollution” shall include microbial matter including mold.
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 EXHIBIT 1
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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.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A:VII if admitted in the State of California.
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.
Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of subrogation which any insurer may acquire against City of Stockton, its officers, officials, employees, and volunteers, from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents, and subcontractors.
Subcontractors
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. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.
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.
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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:
City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
Section 16. Indemnity.
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.
Section 17. Equipment.
All equipment used or provided by CONTRACTOR shall be kept in a safe and sanitary condition. Vehicles and containers shall be cleaned and painted as needed, as reasonably determined by the CITY.
Section 18. Abandoned Containers.
a. If CONTRACTOR abandons any container used for industrial waste collection services under the Agreement, the CITY may remove the container and/or dispose of the contents of the container.
b. If the CITY removes a container abandoned by CONTRACTOR and/or disposes of the contents of any container abandoned by CONTRACTOR, the CITY may charge CONTRACTOR for the CITY's costs incurred in such removal/disposal and for EXHIBIT 1
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the CITY's costs of storage of the container. CONTRACTOR shall reimburse the CITY for such costs within ten (10) days after the date of the CITY's invoice for such costs. c. For the purposes of this Section, "abandoned" includes:
(1) CONTRACTOR's failure to remove the container within the time period specified by the CITY upon termination of the industrial waste collection Agreement;
(2) CONTRACTOR's failure to remove the container within a reasonable period after the expiration of the Agreement granted to CONTRACTOR, except in the case where CONTRACTOR has been granted an extension of the term of said Agreement or CONTRACTOR has been granted an industrial waste collection Agreement authorizing CONTRACTOR to collect and transport the type or types of waste for which the container was used pursuant to this AGREEMENT. (3) CONTRACTOR's failure to dispose of the contents of the container within five (5) days after the City Manager issues written notice to CONTRACTOR to dispose of the contents.
Section 19. CONTRACTOR Provided Industrial Waste Collection Containers a. General. Containers used for storage of industrial waste shall be designed and constructed to prevent the leakage of liquids. All containers shall be painted and shall prominently display the name and contact information of the CONTRACTOR. b. SB 1383 Compliance. All containers shall have SB 1383-compliant labels and colors.
c. Cleaning, Painting, Maintenance. CONTRACTOR shall replace, clean or repaint all containers as needed to present a clean appearance as reasonably determined by the City.
Section 20. Personnel
a. Driver Qualifications. CONTRACTOR agrees that all drivers shall be trained and qualified in the operation of collection vehicles and must have in effect a valid license, of the appropriate class, issued by the California Department of Motor Vehicles. b. Safety Training. CONTRACTOR shall provide suitable operational and safety training for all of its employees who operate vehicles or equipment for collection of industrial waste, or who are otherwise directly involved in such collection.
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Section 21. Compliance With Law.
In providing the services required under this Agreement, CONTRACTOR shall at all times, at its sole cost, comply with all applicable laws of the United States, the State of California, the CITY and other states, cities or counties which may have jurisdiction over any service provided in this Agreement and with all applicable regulations promulgated by any federal, state, regional or local administrative and regulatory agency, now in force and as they may be enacted, issued or amended during the term of this Agreement.
Section 22. Permits and Licenses.
CONTRACTOR shall obtain and maintain, at CONTRACTOR's sole expense, all permits and licenses required by any governmental agency to provide the operation required by this Agreement, including, without limitation, a City business license.
Section 23. Default, Termination.
a. Default. The CITY shall provide written notice of a material default or failure to comply with any obligation or duty imposed on CONTRACTOR under this Agreement or City ordinance. The City Manager and CONTRACTOR shall thereupon meet and confer in good faith to agree on a resolution and cure of the breach. If the parties are unable to agree on the informal resolution or cure of the breach within ten (10) business days, the City Manager shall have the right to terminate this Agreement. If CONTRACTOR fails to correct such default or fails to take reasonable steps to commence to correct such default within thirty (30) days from the date of the notice, as stated above, given by the CITY and CONTRACTOR thereafter fails to diligently continue to take reasonable steps to correct such default, CITY shall then provide notice of termination.
b. Termination. Upon the occurrence of a material breach, failure to cure will result in a notice of termination of this Agreement by the CITY in accord with the following:
The City Manager shall serve written notice, either personally or by registered or certified mail, postage prepaid of the termination of this Agreement, sent to the last place of business of the CONTRACTOR as provided in the notices section, below, and the CONTRACTOR shall cease operation under this Agreement within ten (10) days after receipt of said notice unless CONTRACTOR has requested an appeal hearing before the CITY, pursuant to §1.44.070 of the Stockton Municipal Code, prior to the expiration of the ten (10) day period. In the event CONTRACTOR requests such an appeal hearing, said CONTRACTOR may continue collecting and transporting or disposing of refuse until the CITY has rendered its decision on the termination of this Agreement. c. Event of Default. The following events shall constitute a material breach EXHIBIT 1
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and default under this Agreement:
(1) Misrepresentation. Any misrepresentation or disclosure made to the CITY in this Agreement, or any application or document delivered to the City by the CONTRACTOR in connection with or as an inducement to entering this Agreement or any future amendment to this Agreement which proves to be false or misleading in any material respect as of the time the representation or disclosure is made. (2) Fraud or Deceit. CONTRACTOR practices, or attempts to practice, any fraud or deceit upon the CITY.
(3) Failure to Maintain Insurance Coverage. CONTRACTOR fails to provide or maintain in full force and affect the Worker's Compensation, liability, or indemnification coverage as required by this Agreement. (4) Violation(s) of Regulation. If the CONTRACTOR violates any permits, orders or filing of any regulatory body having jurisdiction over the CONTRACTOR which violation or non-compliance materially affects the CONTRACTOR’s ability to perform under this Agreement, provided that the CONTRACTOR may contest any such orders or filings by appropriate proceedings conducted in good faith, in which case no breach or default of this Agreement shall be deemed to have occurred during the pendency of the contestation or appeal, to the extent the CONTRACTOR is able to adequately perform during that period.
(5) Acts or Omissions. Any other act or omission by CONTRACTOR which materially violates the terms, conditions, or requirements of this Agreement, City Code, AB 939 and other state requirements, as they may be amended from time to time, or any order, directive, rule, or regulation issued there under and which is not corrected or remedied within the time set in the written notice of the violation or, if the CONTRACTOR cannot reasonably correct or remedy the breach within the time set forth in such notices, if the CONTRACTOR should fail to commence to correct or remedy such violation within the time set forth in such notice and diligently effect such correction or remedy thereafter.
(6) Challenge to terms of this Agreement. Challenge of any of the terms herein in a court of law or legislative body. By entering into this Agreement, the CONTRACTOR agrees to all its terms.
(7) Failure to meet diversion requirement. CONTRACTOR fails to maintain diversion requirements consistent with CITY Code, AB 939 and the California Green Building Standards Code, 24 CCR, Part 11, for the collection of industrial and solid waste materials within the CITY in each calendar year.
(8) Collection of Non-Industrial Waste. If CONTRACTOR collects nonindustrial waste:
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(i) Except as provided by subsection (iv) below,
CONTRACTOR's collection of non-industrial waste as herein provided is a material breach of this Agreement. If CONTRACTOR collects non-industrial waste, in addition to any other remedies the CITY may have, including but not limited to terminating this Agreement, CITY shall impose liquidated damages as provided by subsection 23(d), beginning with the first full or partial day that non-industrial waste was collected and continuing, daily, until the collection of non-industrial waste ceases and CONTRACTOR's equipment is removed from the business.
(ii) In addition to paying liquidated damages, CONTRACTOR shall remove all of CONTRACTOR's equipment and discontinue collection service within two (2) business days after receiving written notice from the Public Works Director or designee ("Director'') of the collection of non-industrial waste, except as provided in subsection (iii), below.
(iii) Upon request of CONTRACTOR for a determination
whether a particular business is classified "industrial," as guided by or defined herein or by Stockton Municipal Code 8.04.290 as amended, the Public Works Director or designee ("Director') shall, within ten (10) business days after receipt of the request, advise CONTRACTOR in writing of the Director's determination. In making the determination, the Public Works Director or designee shall ascertain whether the City business license classification of the business is "industrial" or "non-industrial" in accordance with section
5.08.050 (Manufacturing, Packing, and Processing) of the Stockton Municipal Code. The Public Works Director or designee shall designate the business "industrial" or "nonindustrial" based upon the definitions set forth in Stockton SMC 5.08.050 as amended, and with reference, as necessary, to the business license classification. The Public Works Director or designee shall notify all affected parties of the "industrial" or "non-industrial" designation, including exclusive franchisees and non-exclusive commercial and industrial collectors. CONTRACTOR, exclusive franchisees, and nonexclusive commercial and industrial collectors may appeal the Public Works Director or designee's decision by filing a written appeal with the Public Works Director or designee within ten (10) business days of the decision. The Public Works Director or designee shall render a decision on the appeal within ten (10) business days and notify all affected parties of such decision. The Public Works Director or designee 's appeal decision shall be final.
(iv) Notwithstanding subsections (i), (ii) and (iii), above, if CITY subsequently determines that its original determination that classified a business as industrial was erroneous, then CITY shall notify CONTRACTOR that the business is not industrial and CONTRACTOR shall, within three (3) business days after receipt of said notice ("Grace Period") remove CONTRACTOR's equipment and discontinue the collection service. If the CONTRACTOR removes CONTRACTOR's equipment and discontinues the collection service at the business within the Grace Period, no liquidated damages shall be assessed against CONTRACTOR and the CONTRACTOR shall not be in default under the Agreement. However, if the CONTRACTOR has not removed CONTRACTOR's equipment and discontinued the collection service at the EXHIBIT 1
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business within the Grace Period, liquidated damages shall be assessed against the CONTRACTOR by the CITY pursuant to section 23(d), below.
In the case of a breach related to the above sections, except section 23(c)(8), above, and the breach continues for more than thirty (30) calendar days after written notice from the City Manager for the correction thereof, provided that where such breach is subject to cure but cannot be fully cured within such thirty (30) day period, the CONTRACTOR shall not be in default of this Agreement if CONTRACTOR shall have commenced such action required to cure the particular breach within ten (10) calendar days after such notice, and it continues such performance diligently until completed. d. Liquidated Damages. The Parties recognize that if CONTRACTOR fails to perform its obligations, the City and residents of City will suffer damages that are and will be impractical and extremely difficult to ascertain and determine. The parties agree that the liquidated damages as provided hereafter represent a reasonable estimate of the amount of such damages for breach(es) of the provisions of this Agreement, without prejudice to City's right to treat uncorrected non-performance as an Event of Default and subject to termination. Liquidated Damages are paid as damages and not as a penalty.
Notwithstanding any other remedy provided for by this Agreement, CONTRACTOR agrees to pay liquidated damages for each day CONTRACTOR is in breach or violation of any term or provision of this Agreement. Liquidated damages shall be in addition to the obligation of the CONTRACTOR to cure the default or violation as required by section 23 of this Agreement. The number of liquidated damages for each breach or violation shall be one hundred dollars ($100) for the first day of each breach, two hundred and fifty dollars ($250) for the second day of each breach and five hundred dollars ($500) for the third day and for each day thereafter until each breach or violation is cured. These liquidated damages shall be in addition to any other action, including but not limited to termination of the Agreement, that the City may elect to take against the CONTRACTOR for a breach or violation of the Agreement.
Except with respect to violations of section 23(c)(8), above, prior to assessing liquidated damages, and in addition to any other available remedies City may impose, City shall provide written notice to CONTRACTOR of its intention to do so. The notice shall include a brief description of the incident or nonperformance. CONTRACTOR may review (and copy at its own expense) all information in the possession of City relating to the assessment of liquidated damages. THE CONTRACTOR may, within ten (10) working days after receiving the notice, request a meeting with the appropriate City representative. CONTRACTOR may present evidence in writing and through testimony of its employees and others relevant to the incident or nonperformance. The City representative shall provide CONTRACTOR with a brief written explanation of his or her determination regarding each breach prior to authorizing the assessment of liquidated damages. The decision of the City representative shall be final. The assessment of liquidated damages issued by the City shall be made in writing and the CONTRACTOR shall, at its own expense, remit to the City the damages specified in said assessment EXHIBIT 1
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within fifteen (15) days thereafter.
With respect to violations of section 23(c)(8) above, liquidated damages may be assessed by the City upon expiration of the applicable cure period. e. 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.
Section 24. Conditions Upon Termination.
a. In the event the Industrial Waste Agreement is terminated:
(1) CONTRACTOR shall have no right or authority to engage in industrial waste collection, transportation or disposal operations in the CITY. (2) CONTRACTOR shall, however, remain liable to the CITY for all Contractor fees that would otherwise be payable by CONTRACTOR, for all late payment charges and interest assessed pursuant to Section 7 of this Agreement, for any and all delinquent report charges assessed pursuant to Section 12 of this Agreement, and for any indemnity obligations under Section 16.
(3) CONTRACTOR shall have a continuing obligation to submit to the CITY all reports required by Section 12 of this Agreement which relates to industrial waste collection activities performed by CONTRACTOR up to and including the date of termination.
(4) CONTRACTOR shall allow the industrial waste generators served by CONTRACTOR to arrange industrial waste collection services with a collector authorized to perform such services, without penalty or liability for breach of contract on the part of the generators.
b. In the event this Agreement is terminated, then within the time period specified by the CITY and if directed by the City Manager, CONTRACTOR shall remove all of CONTRACTOR's industrial waste collection containers from all of CONTRACTOR's collection service locations and shall properly divert or dispose of all industrial waste collection in such containers.
c. In the event this Agreement is terminated, then within ten (10) days of such termination or expiration and upon notification by the City Manager to do so, CONTRACTOR shall:
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(1) Submit to the City Manager a list of the names and addresses of industrial waste generators in the CITY for which CONTRACTOR provided services as of the date of termination or expiration (i.e., CONTRACTOR's customer list); and (2) Send written notification to each industrial waste generator on CONTRACTOR's customer list that CONTRACTOR is no longer authorized to provide industrial waste collection in the CITY. Such notification shall be in the form provided by the City Manager and shall be personally delivered or shall be sent by first class mail, postage prepaid, to the customers' billing addresses. CONTRACTOR shall submit to the City Manager an affidavit, signed under penalty of perjury, stating that the required notification has been provided by CONTRACTOR to all of CONTRACTOR's customers in the CITY.
Section 25. Notices.
Except as otherwise provided in this Agreement, all notices required by this Agreement shall be given by personal service or by deposit in the United States mail, postage pre-paid and return receipt requested, addressed to the parties as follows:
To CITY: Harry Black, City Manager
City of Stockton
425 N. El Dorado Street, 2nd Floor
Stockton, CA 95202
To CONTRACTOR: David Vaccarezza, Owner
California Waste Recovery Systems, LLC
175 Enterprise Court, Suite A
Galt, California 95632
Notice shall be deemed effective on the date personally served or, if mailed, on the second (2nd) business day after the date it was postmarked and mailed.
Section 26. Relationship of Parties
The parties intend that the CONTRACTOR shall perform the services required by this Agreement as an independent contractor and not as an officer or employee of the CITY nor as a partner of or joint ventures with the CITY. No employee or agent of the CONTRACTOR shall be deemed to be an employee or agent of the CITY. Except as expressly provided herein, the CONTRACTOR shall have the exclusive control over the manner and means of conducting the industrial waste collection services performed under this Agreement and all persons performing such services. CONTRACTOR shall be solely responsible for the acts and omissions of its officers, employees, subcontractors and agents shall not obtain any rights to retirement benefits, worker's compensation benefits, or any other benefits which accrue to the employees of the CITY by virtue of EXHIBIT 1
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their employment with the CITY.
CONTRACTOR agrees that this Agreement is not made in the interest of, or on behalf of, any undisclosed person, partnership, association, organization, or corporation. CONTRACTOR has not directly or indirectly colluded, conspired, connived or agreed with any person, partnership, association, organization, or corporation to secure any advantage against the CITY.
Section 28. Governing Law
This Agreement shall be governed by, a construed and enforced in accordance with, the laws of the City of Stockton, the State of California, and the United States.
Section 29. Jurisdiction
Any lawsuits between the parties arising out of this Agreement shall be brought and concluded in the courts of the State of California, in San Joaquin County, which shall have exclusive jurisdiction over such lawsuits. With respect to venue, the parties agree that this Agreement is made in and will be performed in the CITY. Federal courts may have jurisdiction over certain lawsuits arising from this Agreement and these should be brought and concluded within the federal system, Eastern District of California.
Section 30. Agreement Not Assignable
Any agreement granted is a privilege to be held in trust by the original CONTRACTOR. This Agreement entered by the CITY shall not be transferred, sold, leased, assigned, or relinquished, or delegated to another person, either in whole or in part, whether by forced sale, merger, consolidation, bankruptcy laws or otherwise.
Section 31. Waiver
The waiver by either party of any breach or violation of any provisions of this Agreement shall not be deemed to be a waiver of any breach or violation of any other provision nor of any subsequent breach or violation of the same or any other provision.
The subsequent acceptance by either party of any monies which become due hereunder shall not be deemed to be a waiver of any preexisting or concurrent breach or violation by the other party of any provision of this Agreement.
Section 32. CONTRACTOR's Investigation
CONTRACTOR has made an independent investigation and is satisfied that it EXHIBIT 1
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knows the conditions and circumstances surrounding the Agreement, and the responsibilities and duties required by said agreement.
Section 33. Notice
The parties agree that CONTRACTOR shall be entitled to notice of at least one hundred and twenty (120) days prior to the expiration of this Agreement in the event the CITY determines to change the system from a non-exclusive collection system to an exclusive collection system after expiration of the term hereof. The parties acknowledge that this Agreement fulfills the CITY's obligation under Section 49520 through 49524 of the Public Resources Code.
Section 34. Entire Agreement
This Agreement represents the full and entire Agreement between the parties with respect to the matters covered herein.
Section 35. Interpretation
This Agreement shall be interpreted and construed reasonably and neither for nor against either party, regardless of the degree to which either party participated in its drafting. This Agreement is not intended to create any rights in any third party or parties, notwithstanding the provisions of section 23(c)(8).
Section 36. Amendment
This Agreement may not be modified or amended in any respect except by a written agreement duly approved and signed by the parties and approved by the City Council.
Section 37. Severability
The provisions of this Agreement are severable to the extent that should any of its provisions or terms be declared void in whole or in part by operation of law or agreement of the parties, the remainder of the provisions or terms not expressly declared void shall remain enforceable and in full effect.
Section 38. Authority to Execute
The undersigned represent and warrant they are each duly authorized by the EXHIBIT 1
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parties to execute this Agreement and carry out the duties and responsibilities agreed to herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above.
CITY OF STOCKTON, a municipal corporation
By: ____________________________
HARRY BLACK, City Manager
CALIFORNIA WASTE RECOVERY
SYSTEMS, LLC
By: ____________________________
ATTEST:
KATHERINE ROLAND, CMC, CPMC
INTERIM CITY CLERK
By: _________________________
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By: _________________________
ASSISTANT CITY ATTORNEY DAVID VACCAREZZA, President
APPROVED AS TO FORM:
COUNSEL FOR CONTRACTOR
By: ____________________________
NAME, Title
EXHIBIT 1
823
NON-EXCLUSIVE INDUSTRIAL WASTE COLLECTION AGREEMENT
BETWEEN THE CITY OF STOCKTON AND SUNRISE SANITATION, INC.
This Agreement is made and entered into on ________________ 2024, by and between the CITY OF STOCKTON, a municipal corporation (“CITY”), and Sunrise Sanitation, Inc. ("CONTRACTOR").
RECITALS
The Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 ("AB 939") (California Public Resources Code Section 40000 et seq.), has declared that it is in the public interest to authorize and require local agencies to make adequate provisions for solid waste handling within their jurisdictions; and
The CITY has determined that the public health, safety and welfare require that non-exclusive contracts be awarded to qualified companies for the collection, transport and disposal of industrial waste in the CITY; and
The Legislature has found and declared in Section 49510 of the Public Resources Code that it is in the public interest to foster and encourage solid waste enterprise so that, at all times, there will continue to be competent enterprises willing and financially able to furnish needed solid waste handling service; and One of the purposes of this Agreement is to regulate such enterprises in order to ensure the orderly collection, transportation, recycling and disposal of industrial waste in the CITY and to minimize the potential for adverse effects on the local environment; and
The CITY requires haulers wishing to provide industrial waste collection services in the CITY to enter into an agreement with the CITY in order to regulate this business, ensure its orderly operation and to minimize the potential for adverse effects to the local environment; and
CONTRACTOR has requested that the CITY enter into a non-exclusive industrial waste collection agreement; and
The CITY has determined that entering into a non-exclusive agreement with the CONTRACTOR is in the public's interest; and
The CITY intends to receive value for entering into the non-exclusive agreement; and
CONTRACTOR acknowledges that it shall arrange for the proper disposal of all industrial waste collected in the CITY and the CITY is not instructing CONTRACTOR how EXHIBIT 2
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to collect, transport or recycle or dispose of industrial waste so long as its operation is consistent with City Code, applicable laws, and diversion requirements (AB 939 and California Green Building Standards Code, 24 CCR, Part 11); and The CITY and CONTRACTOR desire to enter into an industrial waste collection Agreement in order that CONTRACTOR may provide industrial waste collection, transportation and disposal services in the CITY.
NOW, THEREFORE, based on the mutual promises contained herein, the parties agree as follows:
Section 1. Grant of Non-Exclusive Agreement.
a. The CITY hereby grants to CONTRACTOR a non-exclusive right to engage in the collection of industrial waste, as defined in Title 8, Chapter 8.04.290 through 8.04.340 of the Stockton Municipal Code, and authorizes CONTRACTOR to engage in the business of collecting, transporting, recycling and disposing of solid waste and recyclables generated by industrial generators within the Stockton City limits.
Industrial generators include manufacturing facilities, factories, food processors, refineries, and publicly operated treatment works.
b. The CITY will not take any action, such as granting of an exclusive franchise, which would deprive CONTRACTOR from competing to provide services included in this Agreement for the period this Agreement is in effect. c. The CONTRACTOR shall be entitled to apply for and obtain new permits as may be required for collection of industrial waste upon the expiration of the term of this Agreement if CONTRACTOR meets permit conditions as are set forth by then current city ordinances. All future permit(s) will be issued pursuant to terms provided for by ordinance, which may include, but not be limited to, payment of permit issuance fees, permit fees, AB 939 fees, and diversion goals, including the California Green Building Standards Code, 24 CCR, Part 11 (CALGreen).
Section 2. Acceptance of Non-Exclusive Agreement.
CONTRACTOR hereby enters into this Agreement on the terms and conditions set forth in this Agreement, City Code, and all related ordinances and resolutions.
Section 3. Exceptions to Agreement.
The following services are expressly excluded from this Agreement:
a. Self-haul materials, which are generated by an industrial entity and delivered by that entity directly to a transfer station or disposal facility.
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b. All residential and commercial solid waste, recyclables, and organics that are collected pursuant to the terms of two separate Collection Services Agreements for Recycling, Organics, and Solid Waste Collection, Processing, and Disposal Services with USA Waste of California, Inc. (WM), and Sunrise Sanitation, Inc. (Republic Services) c. Removal of materials from premises by a contractor or individual as an incidental part of a gardening, landscaping, tree trimming, cleaning, construction, demolition, maintenance or similar service offered by that contractor or individual and not a subcontracted hauling contractor.
Section 4. Term of Agreement.
Subject to Sections 23 and 36 of this Agreement, the initial term of this Agreement shall commence on January 1, 2025, and shall expire on December 31, 2029.
The term of the Agreement may be extended up to two (2) optional five-year terms by a written amendment executed by both parties. However, the total term of the Agreement including the extended term shall not exceed fifteen (15) years. This section constitutes the CITY's five-year notice that may or may not be required under Public Resources Code Section 49520. The parties agree that CONTRACTOR shall be entitled to a notice of at least one hundred and twenty (120) days prior to the expiration of this Agreement in the event the CITY determines to change the system from a nonexclusive collection system to an exclusive collection system after expiration of the term hereof.
Section 5. Conditions for Effectiveness.
The effectiveness of this Agreement is subject to CONTRACTOR's satisfaction of all the conditions set forth below.
a. Accuracy of Representations. The representation and warranties made by CONTRACTOR upon entering into this Agreement are true and correct on and as of the effective date.
b. Absence of Litigation. There is no litigation pending on the effective date in any court challenging the award or execution of this Agreement or seeking to restrain or enjoin its performance.
c. Furnishing of Insurance. CONTRACTOR has furnished evidence of the Insurance required by Section 15 of this Agreement.
Section 6. Contractor Fees.
a. Upon final execution hereof, CONTRACTOR shall pay to CITY a oneEXHIBIT 2 826
time fee of $100,000 (One hundred thousand dollars) pursuant to Section 4 above.
During the term of this Agreement, yet subject to the effective date of the applicable City Code provisions relating to the payment of fees, CONTRACTOR shall pay to the CITY such fees, as set forth below, for the privilege of engaging in the business of collecting, recycling, transporting and disposing of industrial waste from within the City limits:
(1) The Contractor fees listed in subsections 2 and 3 shall be determined based on all industrial recycling and solid waste collection revenues billed and received by CONTRACTOR from customers located in the CITY or, if CONTRACTOR provides the service for free, contractor fees shall be based on fair market value of the service as determined by the Public Works Director. (2) CONTRACTOR shall pay to the CITY a Contractor Permit Fee equal to eighteen and one-half percent (18.5%) of the gross revenue collected for performing industrial waste collection services.
(3) CONTRACTOR shall also pay to the CITY an AB 939 Fee equal to five percent (5%) of the gross revenue collected for performing industrial waste collection services.
b. Contractor Permit and AB 939 fees may be modified in the amount and manner of payment at any time during the term of this Agreement at the sole discretion of the CITY.
c. Contractor shall pay the City a one-time $100,000 fee before the Agreement is approved pursuant to Section 4 above.
Section 7. Contractor Fees - Permit and AB 939 Fee Payments. a. Contractor Permit and AB 939 fees shall be payable monthly and shall be due and payable on or before the fifteenth (15) day of the month immediately following the month in which collection services were provided. Each payment shall be calculated in accordance with the provisions of this Agreement. b. The Contractor Permit and AB 939 fees shall be paid to the City’s Administrative Services Department. Each payment shall be accompanied by a written statement, verified by the person making the payment, or a duly authorized representative of the person, showing the calculation of the Contractor Permit and AB 939 fees payable in such form and detail as the CITY may require and such other information as the CITY may determine is material to a determination of the amount due. CONTRACTOR shall pay all required Contractor Permit and AB 939 fees to:
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City of Stockton
Attention: Administrative Services Department
P.O. Box 2107
Stockton, CA 95201
Email: [email protected]
c. No statement filed under this Section shall be conclusive as to the matters set forth in such statement, nor shall the filing of such statement preclude the CITY from collecting by appropriate action the sum that is actually due and payable. d. If Contractor Permit and AB 939 fees are not paid by the CONTRACTOR at the times required by this Section, then in addition to the Contractor fees, the CONTRACTOR shall pay a late payment charge in an amount equal to five percent (5%) of the Contractor fee that is due, plus interest equal to one percent (1%) for each month in which the Contractor fee was not timely paid.
e. If CONTRACTOR remits Contractor Permit and AB 939 fees by personal delivery to the CITY, such payment shall be deemed timely only if delivered on or before the due date. If CONTRACTOR remits Contractor Permit and AB 939 fees by mail or other delivery service, such payment shall be deemed timely only if (1) the envelope containing the payment bears a postmark or receipt showing that the payment was mailed or sent on or before the due date or (2) CONTRACTOR submits proof satisfactory to the City Manager that the payment was in fact deposited in the mail or sent on or before said due date.
f. In the event CONTRACTOR believes that it has paid Contractor Permit and AB 939 fees in excess of the fees due to the CITY, CONTRACTOR may submit a request for refund to the City Manager on a form provided by said City Manager. If proof of overpayment is satisfactory to the City Manager, the City Manager shall and is hereby authorized to refund to CONTRACTOR any overpayment. CONTRACTOR shall not apply any overpayment as a credit against any Contractor fees or other amounts payable to the CITY unless specifically so pre-authorized by the City Manager in writing.
Section 8. Ownership of Industrial Solid Waste.
The CITY does not gain any ownership or right to possess industrial solid waste collected by CONTRACTOR pursuant to this Agreement. Subject to the provisions of this Agreement, CONTRACTOR shall have title to and may retain, recycle, process, dispose of, or use the industrial solid waste which it collects.
Section 9. Disposal of Industrial Solid Waste.
CONTRACTOR shall dispose of industrial solid waste collected or transported by CONTRACTOR only by taking such industrial solid waste to a landfill or transfer station, EXHIBIT 2
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which is lawfully authorized to accept such solid waste, with notice to the CITY of the location. CONTRACTOR may take recycled materials to a permitted facility of its choice with notice to the CITY of the location. CONTRACTOR shall not dispose of such industrial solid waste by depositing it on any land, whether public or private, or in any river, stream or other waterway, or in any sanitary sewer or storm drainage system.
Section 10. Public Access to CONTRACTOR
A responsible and qualified representative of the CONTRACTOR shall be available at the CONTRACTOR's office during office hours for communication with the CITY or the public.
Section 11. Customer Education
CONTRACTOR shall provide to each customer a printed list that outlines the materials that may be placed in industrial waste containers and those that are unacceptable.
Section 12. Tonnage Reports
a. CONTRACTOR shall file with the Public Works Director or designee a quarterly report of the quantities of industrial waste collected, transported, diverted, and/or disposed. Such report shall be in such form and detail as required by the Public Works Director or designee. Specifically, the report shall contain, but not be limited to, the following information:
(1) The industrial waste tonnage the CONTRACTOR collected within the CITY that was diverted during the previous quarter and the location of the facility where such waste was diverted;
(2) The industrial waste tonnage collected within the CITY that was disposed of during the previous quarter and the location of the disposal facility where the disposal of such waste occurred.
b. CONTRACTOR shall maintain quarterly records, on forms prescribed by the Public Works Director or designee, containing such information as may be required by the Public Works Director or designee pertaining to the number and types of accounts served by the CONTRACTOR. This information shall be provided to the Public Works Director or designee upon request.
c. The Public Works Director or designee shall maintain guidelines, forms and other appropriate material to assist CONTRACTOR in preparing the reports required by this Section. CONTRACTOR's failure to file the reports required by this Section shall constitute cause for termination or suspension of this Agreement.
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d. If the quarterly report required under subsection a, above, is not filed by the due date, the report shall be deemed delinquent, and the CONTRACTOR shall pay to the CITY a delinquent report charge in the amount of fifty dollars ($50.00). If the report remains delinquent for more than fifteen (15) days, the CONTRACTOR shall pay to the CITY a delinquent report charge in the amount of one hundred dollars ($100.00). Such delinquent report charge shall be in addition to any Contractor fees or other charges payable by the CONTRACTOR for the same period.
e. Each quarterly report shall be submitted on or before the fifteenth (15th) day of the calendar month immediately following the reportable quarter and shall be submitted to the Public Works Director or designee by email to [email protected].
f. As part of an investigation for terminating this Agreement for cause, subject to Section 23 of this Agreement and upon the reasonable request of the Public Works Director or designee, CONTRACTOR shall submit to the CITY monthly reports including a listing of each receptacle size in the CITY from which CONTRACTOR collected industrial waste during the reportable month; the number of collections of each listed container during the reportable month; the total volume (cubic yards) of industrial waste collected in the CITY during the reportable month; the total weight (in tons) of industrial waste disposed of by CONTRACTOR at landfills and transfer stations during the reportable month; the total weight (in tons) and the weight by material category (in tons) of industrial waste delivered by CONTRACTOR to recycling and materials recovery facilities during the reportable month; the number of service locations by volume (cubic yards) of service provided; CONTRACTOR's gross receipts for collection services provided in the CITY during the reportable month; and such additional information as may be required by the Public Works Director or designee. Such monthly reports shall be prepared in a form as required by the Public Works Director or designee.
Section 13. Inspection Authority.
a. CONTRACTOR shall at all times maintain, without limitation, the following:
accurate and complete accounts of all revenues arising out of its operations under this Agreement; any service complaints received and how they were resolved; all solid waste collected, transported and/or disposed of; the source of such solid waste; and the final destination of such solid waste. CONTRACTOR's books, accounts and records reasonably necessary for the enforcement of this Agreement shall be made available for inspection, examination and audit during normal business hours by authorized officers, employees and agents of the CITY. The CITY shall provide CONTRACTOR written notice at least three (3) business days prior to any inspection, audit or examination of these records.
b. In the event any audit conducted by the CITY or by the CITY's representative discloses that CONTRACTOR has made any intentional misrepresentation with respect to the Contractor fees or its diversion amounts to the CITY or discloses EXHIBIT 2
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that CONTRACTOR has underpaid Contractor fees due to the CITY in an amount greater than One Thousand Dollars ($1,000) or ten percent (10%) of the Contractor fees payable to the CITY during the period covered by the audit, whichever amount is greater, then in addition to any other remedies available to the CITY, CONTRACTOR shall reimburse the CITY for the CITY's costs incurred in the performance of the audit.
Such reimbursement shall be paid by CONTRACTOR, along with any underpaid Contractor fees, late payments and interest, within thirty (30) days after the date the CITY notifies CONTRACTOR of the amount of the CITY's costs.
Section 14. Service Fees
CONTRACTOR shall set its own service fees for industrial waste collection services.
Section 15. Insurance Requirements.
CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage 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. With respect to General Liability, Errors & Omissions, Contractors Pollution Liability, and/or Asbestos Pollution Liability, coverage should be maintained for a minimum of five (5) years after contract completion.
Minimum Scope and Limits 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. Insurance Services Office Form Number CA 0001 covering any auto (Code 1), or if Contractor has no owned autos, hired (Code 8) and non-owned (Code 9) autos, with limit no less than $2,000,000 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. (4) Contractors Pollution Liability applicable to the work being EXHIBIT 2
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performed, with a limit no less than $1,000,000 per claim or occurrence and $1,000,000 aggregate per policy period of one year.
If CONTRACTOR maintains broader coverage and/or higher limits than the minimums shown above, CITY requires and shall be entitled to the broader coverage and/or 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 CITY.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by CITY. The City of Stockton may require 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 Insured. 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.
Other Insurance Provisions.
A. The General Liability, Automobile Liability, Contractors Pollution Liability, and/or Asbestos Pollution policies are to contain, or be endorsed to contain, the following provisions:
(1) The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds 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, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions 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. (2) For any claims related to this project, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, EXHIBIT 2
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agents, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, agents, 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.
(3) Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
B. The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by Contractor pursuant to the contract. This coverage may also be provided on the Contractors Pollution Liability policy.
C. If General Liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions coverages are written on a claims-made form:
(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 an extended period coverage for a minimum of five (5) years after completion of contract work.
(4) A copy of the claims reporting requirements must be submitted to the City of Stockton for review.
(5) If the services involve lead-based paint or asbestos identification / remediation, the Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification / remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of “Pollution” shall include microbial matter including mold.
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 EXHIBIT 2
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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.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A:VII if admitted in the State of California.
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.
Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of subrogation which any insurer may acquire against City of Stockton, its officers, officials, employees, and volunteers, from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents, and subcontractors.
Subcontractors
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. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.
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.
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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:
City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
Section 16. Indemnity.
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.
Section 17. Equipment.
All equipment used or provided by CONTRACTOR shall be kept in a safe and sanitary condition. Vehicles and containers shall be cleaned and painted as needed, as reasonably determined by the CITY.
Section 18. Abandoned Containers.
a. If CONTRACTOR abandons any container used for industrial waste collection services under the Agreement, the CITY may remove the container and/or dispose of the contents of the container.
b. If the CITY removes a container abandoned by CONTRACTOR and/or disposes of the contents of any container abandoned by CONTRACTOR, the CITY may charge CONTRACTOR for the CITY's costs incurred in such removal/disposal and for EXHIBIT 2
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the CITY's costs of storage of the container. CONTRACTOR shall reimburse the CITY for such costs within ten (10) days after the date of the CITY's invoice for such costs. c. For the purposes of this Section, "abandoned" includes:
(1) CONTRACTOR's failure to remove the container within the time period specified by the CITY upon termination of the industrial waste collection Agreement;
(2) CONTRACTOR's failure to remove the container within a reasonable period after the expiration of the Agreement granted to CONTRACTOR, except in the case where CONTRACTOR has been granted an extension of the term of said Agreement or CONTRACTOR has been granted an industrial waste collection Agreement authorizing CONTRACTOR to collect and transport the type or types of waste for which the container was used pursuant to this AGREEMENT. (3) CONTRACTOR's failure to dispose of the contents of the container within five (5) days after the City Manager issues written notice to CONTRACTOR to dispose of the contents.
Section 19. CONTRACTOR Provided Industrial Waste Collection Containers a. General. Containers used for storage of industrial waste shall be designed and constructed to prevent the leakage of liquids. All containers shall be painted and shall prominently display the name and contact information of the CONTRACTOR. b. SB 1383 Compliance. All containers shall have SB 1383-compliant labels and colors.
c. Cleaning, Painting, Maintenance. CONTRACTOR shall replace, clean or repaint all containers as needed to present a clean appearance as reasonably determined by the City.
Section 20. Personnel
a. Driver Qualifications. CONTRACTOR agrees that all drivers shall be trained and qualified in the operation of collection vehicles and must have in effect a valid license, of the appropriate class, issued by the California Department of Motor Vehicles. b. Safety Training. CONTRACTOR shall provide suitable operational and safety training for all of its employees who operate vehicles or equipment for collection of industrial waste, or who are otherwise directly involved in such collection.
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Section 21. Compliance With Law.
In providing the services required under this Agreement, CONTRACTOR shall at all times, at its sole cost, comply with all applicable laws of the United States, the State of California, the CITY and other states, cities or counties which may have jurisdiction over any service provided in this Agreement and with all applicable regulations promulgated by any federal, state, regional or local administrative and regulatory agency, now in force and as they may be enacted, issued or amended during the term of this Agreement.
Section 22. Permits and Licenses.
CONTRACTOR shall obtain and maintain, at CONTRACTOR's sole expense, all permits and licenses required by any governmental agency to provide the operation required by this Agreement, including, without limitation, a City business license.
Section 23. Default, Termination.
a. Default. The CITY shall provide written notice of a material default or failure to comply with any obligation or duty imposed on CONTRACTOR under this Agreement or City ordinance. The City Manager and CONTRACTOR shall thereupon meet and confer in good faith to agree on a resolution and cure of the breach. If the parties are unable to agree on the informal resolution or cure of the breach within ten (10) business days, the City Manager shall have the right to terminate this Agreement. If CONTRACTOR fails to correct such default or fails to take reasonable steps to commence to correct such default within thirty (30) days from the date of the notice, as stated above, given by the CITY and CONTRACTOR thereafter fails to diligently continue to take reasonable steps to correct such default, CITY shall then provide notice of termination.
b. Termination. Upon the occurrence of a material breach, failure to cure will result in a notice of termination of this Agreement by the CITY in accord with the following:
The City Manager shall serve written notice, either personally or by registered or certified mail, postage prepaid of the termination of this Agreement, sent to the last place of business of the CONTRACTOR as provided in the notices section, below, and the CONTRACTOR shall cease operation under this Agreement within ten (10) days after receipt of said notice unless CONTRACTOR has requested an appeal hearing before the CITY, pursuant to §1.44.070 of the Stockton Municipal Code, prior to the expiration of the ten (10) day period. In the event CONTRACTOR requests such an appeal hearing, said CONTRACTOR may continue collecting and transporting or disposing of refuse until the CITY has rendered its decision on the termination of this Agreement. c. Event of Default. The following events shall constitute a material breach EXHIBIT 2
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and default under this Agreement:
(1) Misrepresentation. Any misrepresentation or disclosure made to the CITY in this Agreement, or any application or document delivered to the City by the CONTRACTOR in connection with or as an inducement to entering this Agreement or any future amendment to this Agreement which proves to be false or misleading in any material respect as of the time the representation or disclosure is made. (2) Fraud or Deceit. CONTRACTOR practices, or attempts to practice, any fraud or deceit upon the CITY.
(3) Failure to Maintain Insurance Coverage. CONTRACTOR fails to provide or maintain in full force and affect the Worker's Compensation, liability, or indemnification coverage as required by this Agreement. (4) Violation(s) of Regulation. If the CONTRACTOR violates any permits, orders or filing of any regulatory body having jurisdiction over the CONTRACTOR which violation or non-compliance materially affects the CONTRACTOR’s ability to perform under this Agreement, provided that the CONTRACTOR may contest any such orders or filings by appropriate proceedings conducted in good faith, in which case no breach or default of this Agreement shall be deemed to have occurred during the pendency of the contestation or appeal, to the extent the CONTRACTOR is able to adequately perform during that period.
(5) Acts or Omissions. Any other act or omission by CONTRACTOR which materially violates the terms, conditions, or requirements of this Agreement, City Code, AB 939 and other state requirements, as they may be amended from time to time, or any order, directive, rule, or regulation issued there under and which is not corrected or remedied within the time set in the written notice of the violation or, if the CONTRACTOR cannot reasonably correct or remedy the breach within the time set forth in such notices, if the CONTRACTOR should fail to commence to correct or remedy such violation within the time set forth in such notice and diligently effect such correction or remedy thereafter.
(6) Challenge to terms of this Agreement. Challenge of any of the terms herein in a court of law or legislative body. By entering into this Agreement, the CONTRACTOR agrees to all its terms.
(7) Failure to meet diversion requirement. CONTRACTOR fails to maintain diversion requirements consistent with CITY Code, AB 939 and the California Green Building Standards Code, 24 CCR, Part 11, for the collection of industrial and solid waste materials within the CITY in each calendar year.
(8) Collection of Non-Industrial Waste. If CONTRACTOR collects nonindustrial waste:
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(i) Except as provided by subsection (iv) below,
CONTRACTOR's collection of non-industrial waste as herein provided is a material breach of this Agreement. If CONTRACTOR collects non-industrial waste, in addition to any other remedies the CITY may have, including but not limited to terminating this Agreement, CITY shall impose liquidated damages as provided by subsection 23(d), beginning with the first full or partial day that non-industrial waste was collected and continuing, daily, until the collection of non-industrial waste ceases and CONTRACTOR's equipment is removed from the business.
(ii) In addition to paying liquidated damages, CONTRACTOR shall remove all of CONTRACTOR's equipment and discontinue collection service within two (2) business days after receiving written notice from the Public Works Director or designee ("Director'') of the collection of non-industrial waste, except as provided in subsection (iii), below.
(iii) Upon request of CONTRACTOR for a determination
whether a particular business is classified "industrial," as guided by or defined herein or by Stockton Municipal Code 8.04.290 as amended, the Public Works Director or designee ("Director') shall, within ten (10) business days after receipt of the request, advise CONTRACTOR in writing of the Director's determination. In making the determination, the Public Works Director or designee shall ascertain whether the City business license classification of the business is "industrial" or "non-industrial" in accordance with section
5.08.050 (Manufacturing, Packing, and Processing) of the Stockton Municipal Code. The Public Works Director or designee shall designate the business "industrial" or "nonindustrial" based upon the definitions set forth in Stockton SMC 5.08.050 as amended, and with reference, as necessary, to the business license classification. The Public Works Director or designee shall notify all affected parties of the "industrial" or "non-industrial" designation, including exclusive franchisees and non-exclusive commercial and industrial collectors. CONTRACTOR, exclusive franchisees, and nonexclusive commercial and industrial collectors may appeal the Public Works Director or designee's decision by filing a written appeal with the Public Works Director or designee within ten (10) business days of the decision. The Public Works Director or designee shall render a decision on the appeal within ten (10) business days and notify all affected parties of such decision. The Public Works Director or designee 's appeal decision shall be final.
(iv) Notwithstanding subsections (i), (ii) and (iii), above, if CITY subsequently determines that its original determination that classified a business as industrial was erroneous, then CITY shall notify CONTRACTOR that the business is not industrial and CONTRACTOR shall, within three (3) business days after receipt of said notice ("Grace Period") remove CONTRACTOR's equipment and discontinue the collection service. If the CONTRACTOR removes CONTRACTOR's equipment and discontinues the collection service at the business within the Grace Period, no liquidated damages shall be assessed against CONTRACTOR and the CONTRACTOR shall not be in default under the Agreement. However, if the CONTRACTOR has not EXHIBIT 2
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removed CONTRACTOR's equipment and discontinued the collection service at the business within the Grace Period, liquidated damages shall be assessed against the CONTRACTOR by the CITY pursuant to section 23(d), below.
In the case of a breach related to the above sections, except section 23(c)(8), above, and the breach continues for more than thirty (30) calendar days after written notice from the City Manager for the correction thereof, provided that where such breach is subject to cure but cannot be fully cured within such thirty (30) day period, the CONTRACTOR shall not be in default of this Agreement if CONTRACTOR shall have commenced such action required to cure the particular breach within ten (10) calendar days after such notice, and it continues such performance diligently until completed. d. Liquidated Damages. The Parties recognize that if CONTRACTOR fails to perform its obligations, the City and residents of City will suffer damages that are and will be impractical and extremely difficult to ascertain and determine. The parties agree that the liquidated damages as provided hereafter represent a reasonable estimate of the amount of such damages for breach(es) of the provisions of this Agreement, without prejudice to City's right to treat uncorrected non-performance as an Event of Default and subject to termination. Liquidated Damages are paid as damages and not as a penalty.
Notwithstanding any other remedy provided for by this Agreement, CONTRACTOR agrees to pay liquidated damages for each day CONTRACTOR is in breach or violation of any term or provision of this Agreement. Liquidated damages shall be in addition to the obligation of the CONTRACTOR to cure the default or violation as required by section 23 of this Agreement. The number of liquidated damages for each breach or violation shall be one hundred dollars ($100) for the first day of each breach, two hundred and fifty dollars ($250) for the second day of each breach and five hundred dollars ($500) for the third day and for each day thereafter until each breach or violation is cured. These liquidated damages shall be in addition to any other action, including but not limited to termination of the Agreement, that the City may elect to take against the CONTRACTOR for a breach or violation of the Agreement.
Except with respect to violations of section 23(c)(8), above, prior to assessing liquidated damages, and in addition to any other available remedies City may impose, City shall provide written notice to CONTRACTOR of its intention to do so. The notice shall include a brief description of the incident or nonperformance. CONTRACTOR may review (and copy at its own expense) all information in the possession of City relating to the assessment of liquidated damages. THE CONTRACTOR may, within ten (10) working days after receiving the notice, request a meeting with the appropriate City representative. CONTRACTOR may present evidence in writing and through testimony of its employees and others relevant to the incident or nonperformance. The City representative shall provide CONTRACTOR with a brief written explanation of his or her determination regarding each breach prior to authorizing the assessment of liquidated damages. The decision of the City representative shall be final. The assessment of liquidated damages issued by the City shall be made in writing and the CONTRACTOR EXHIBIT 2
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shall, at its own expense, remit to the City the damages specified in said assessment within fifteen (15) days thereafter.
With respect to violations of section 23(c)(8) above, liquidated damages may be assessed by the City upon expiration of the applicable cure period. e. 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.
Section 24. Conditions Upon Termination.
a. In the event the Industrial Waste Agreement is terminated:
(1) CONTRACTOR shall have no right or authority to engage in industrial waste collection, transportation or disposal operations in the CITY. (2) CONTRACTOR shall, however, remain liable to the CITY for all Contractor fees that would otherwise be payable by CONTRACTOR, for all late payment charges and interest assessed pursuant to Section 7 of this Agreement, for any and all delinquent report charges assessed pursuant to Section 12 of this Agreement, and for any indemnity obligations under Section 16.
(3) CONTRACTOR shall have a continuing obligation to submit to the CITY all reports required by Section 12 of this Agreement which relates to industrial waste collection activities performed by CONTRACTOR up to and including the date of termination.
(4) CONTRACTOR shall allow the industrial waste generators served by CONTRACTOR to arrange industrial waste collection services with a collector authorized to perform such services, without penalty or liability for breach of contract on the part of the generators.
b. In the event this Agreement is terminated, then within the time period specified by the CITY and if directed by the City Manager, CONTRACTOR shall remove all of CONTRACTOR's industrial waste collection containers from all of CONTRACTOR's collection service locations and shall properly divert or dispose of all industrial waste collection in such containers.
c. In the event this Agreement is terminated, then within ten (10) days of such termination or expiration and upon notification by the City Manager to do so, EXHIBIT 2
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CONTRACTOR shall:
(1) Submit to the City Manager a list of the names and addresses of industrial waste generators in the CITY for which CONTRACTOR provided services as of the date of termination or expiration (i.e., CONTRACTOR's customer list); and (2) Send written notification to each industrial waste generator on CONTRACTOR's customer list that CONTRACTOR is no longer authorized to provide industrial waste collection in the CITY. Such notification shall be in the form provided by the City Manager and shall be personally delivered or shall be sent by first class mail, postage prepaid, to the customers' billing addresses. CONTRACTOR shall submit to the City Manager an affidavit, signed under penalty of perjury, stating that the required notification has been provided by CONTRACTOR to all of CONTRACTOR's customers in the CITY.
Section 25. Notices.
Except as otherwise provided in this Agreement, all notices required by this Agreement shall be given by personal service or by deposit in the United States mail, postage pre-paid and return receipt requested, addressed to the parties as follows:
To CITY: Harry Black, City Manager
City of Stockton
425 N. El Dorado Street, 2nd Floor
Stockton, CA 95202
To CONTRACTOR: Sunrise Sanitation, Inc.
Attention: Kelley Johannsen
1145 W Charter Way
Stockton, CA 95206
Notice shall be deemed effective on the date personally served or, if mailed, on the second (2nd) business day after the date it was postmarked and mailed.
Section 26. Relationship of Parties
The parties intend that the CONTRACTOR shall perform the services required by this Agreement as an independent contractor and not as an officer or employee of the CITY nor as a partner of or joint ventures with the CITY. No employee or agent of the CONTRACTOR shall be deemed to be an employee or agent of the CITY. Except as expressly provided herein, the CONTRACTOR shall have the exclusive control over the manner and means of conducting the industrial waste collection services performed under this Agreement and all persons performing such services. CONTRACTOR shall be solely responsible for the acts and omissions of its officers, employees, subcontractors and agents shall not obtain any rights to retirement benefits, worker's compensation EXHIBIT 2
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benefits, or any other benefits which accrue to the employees of the CITY by virtue of their employment with the CITY.
CONTRACTOR agrees that this Agreement is not made in the interest of, or on behalf of, any undisclosed person, partnership, association, organization, or corporation. CONTRACTOR has not directly or indirectly colluded, conspired, connived or agreed with any person, partnership, association, organization, or corporation to secure any advantage against the CITY.
Section 28. Governing Law
This Agreement shall be governed by, a construed and enforced in accordance with, the laws of the City of Stockton, the State of California, and the United States.
Section 29. Jurisdiction
Any lawsuits between the parties arising out of this Agreement shall be brought and concluded in the courts of the State of California, in San Joaquin County, which shall have exclusive jurisdiction over such lawsuits. With respect to venue, the parties agree that this Agreement is made in and will be performed in the CITY. Federal courts may have jurisdiction over certain lawsuits arising from this Agreement and these should be brought and concluded within the federal system, Eastern District of California.
Section 30. Agreement Not Assignable
Any agreement granted is a privilege to be held in trust by the original CONTRACTOR. This Agreement entered by the CITY shall not be transferred, sold, leased, assigned, or relinquished, or delegated to another person, either in whole or in part, whether by forced sale, merger, consolidation, bankruptcy laws or otherwise.
Section 31. Waiver
The waiver by either party of any breach or violation of any provisions of this Agreement shall not be deemed to be a waiver of any breach or violation of any other provision nor of any subsequent breach or violation of the same or any other provision.
The subsequent acceptance by either party of any monies which become due hereunder shall not be deemed to be a waiver of any preexisting or concurrent breach or violation by the other party of any provision of this Agreement.
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Section 32. CONTRACTOR's Investigation
CONTRACTOR has made an independent investigation and is satisfied that it knows the conditions and circumstances surrounding the Agreement, and the responsibilities and duties required by said agreement.
Section 33. Notice
The parties agree that CONTRACTOR shall be entitled to notice of at least one hundred and twenty (120) days prior to the expiration of this Agreement in the event the CITY determines to change the system from a non-exclusive collection system to an exclusive collection system after expiration of the term hereof. The parties acknowledge that this Agreement fulfills the CITY's obligation under Section 49520 through 49524 of the Public Resources Code.
Section 34. Entire Agreement
This Agreement represents the full and entire Agreement between the parties with respect to the matters covered herein.
Section 35. Interpretation
This Agreement shall be interpreted and construed reasonably and neither for nor against either party, regardless of the degree to which either party participated in its drafting. This Agreement is not intended to create any rights in any third party or parties, notwithstanding the provisions of section 23(c)(8).
Section 36. Amendment
This Agreement may not be modified or amended in any respect except by a written agreement duly approved and signed by the parties and approved by the City Council.
Section 37. Severability
The provisions of this Agreement are severable to the extent that should any of its provisions or terms be declared void in whole or in part by operation of law or agreement of the parties, the remainder of the provisions or terms not expressly declared void shall remain enforceable and in full effect.
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Section 38. Authority to Execute
The undersigned represent and warrant they are each duly authorized by the parties to execute this Agreement and carry out the duties and responsibilities agreed to herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above.
ATTEST: CITY OF STOCKTON, a municipal corporation
KATHERINE ROLAND, CMC, CPMC
INTERIM CITY CLERK
By: _________________________ By: ____________________________ HARRY BLACK, City Manager
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
SUNRISE SANITATION, INC.
By: _________________________ By: ____________________________
DEPUTY CITY ATTORNEY KELLEY JOHANNSEN
General Manager
APPROVED AS TO FORM:
COUNSEL FOR CONTRACTOR
By: ____________________________
NAME, Title
EXHIBIT 2
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NON-EXCLUSIVE INDUSTRIAL WASTE COLLECTION AGREEMENT
BETWEEN THE CITY OF STOCKTON AND USA WASTE OF CALIFORNIA, INC.
This Agreement is made and entered into on ________________ 2024, by and between the CITY OF STOCKTON, a municipal corporation (“CITY”), and USA Waste of California, Inc. ("CONTRACTOR").
RECITALS
The Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 ("AB 939") (California Public Resources Code Section 40000 et seq.), has declared that it is in the public interest to authorize and require local agencies to make adequate provisions for solid waste handling within their jurisdictions; and
The CITY has determined that the public health, safety and welfare require that non-exclusive contracts be awarded to qualified companies for the collection, transport and disposal of industrial waste in the CITY; and
The Legislature has found and declared in Section 49510 of the Public Resources Code that it is in the public interest to foster and encourage solid waste enterprise so that, at all times, there will continue to be competent enterprises willing and financially able to furnish needed solid waste handling service; and One of the purposes of this Agreement is to regulate such enterprises in order to ensure the orderly collection, transportation, recycling and disposal of industrial waste in the CITY and to minimize the potential for adverse effects on the local environment; and
The CITY requires haulers wishing to provide industrial waste collection services in the CITY to enter into an agreement with the CITY in order to regulate this business, ensure its orderly operation and to minimize the potential for adverse effects to the local environment; and
CONTRACTOR has requested that the CITY enter into a non-exclusive industrial waste collection agreement; and
The CITY has determined that entering into a non-exclusive agreement with the CONTRACTOR is in the public's interest; and
The CITY intends to receive value for entering into the non-exclusive agreement; and
CONTRACTOR acknowledges that it shall arrange for the proper disposal of all industrial waste collected in the CITY and the CITY is not instructing CONTRACTOR how EXHIBIT 3
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to collect, transport or recycle or dispose of industrial waste so long as its operation is consistent with City Code, applicable laws, and diversion requirements (AB 939 and California Green Building Standards Code, 24 CCR, Part 11); and The CITY and CONTRACTOR desire to enter into an industrial waste collection Agreement in order that CONTRACTOR may provide industrial waste collection, transportation and disposal services in the CITY.
NOW, THEREFORE, based on the mutual promises contained herein, the parties agree as follows:
Section 1. Grant of Non-Exclusive Agreement.
a. The CITY hereby grants to CONTRACTOR a non-exclusive right to engage in the collection of industrial waste, as defined in Title 8, Chapter 8.04.290 through 8.04.340 of the Stockton Municipal Code, and authorizes CONTRACTOR to engage in the business of collecting, transporting, recycling and disposing of solid waste and recyclables generated by industrial generators within the Stockton City limits.
Industrial generators include manufacturing facilities, factories, food processors, refineries, and publicly operated treatment works.
b. The CITY will not take any action, such as granting of an exclusive franchise, which would deprive CONTRACTOR from competing to provide services included in this Agreement for the period this Agreement is in effect. c. The CONTRACTOR shall be entitled to apply for and obtain new permits as may be required for collection of industrial waste upon the expiration of the term of this Agreement if CONTRACTOR meets permit conditions as are set forth by then current city ordinances. All future permit(s) will be issued pursuant to terms provided for by ordinance, which may include, but not be limited to, payment of permit issuance fees, permit fees, AB 939 fees, and diversion goals, including the California Green Building Standards Code, 24 CCR, Part 11 (CALGreen).
Section 2. Acceptance of Non-Exclusive Agreement.
CONTRACTOR hereby enters into this Agreement on the terms and conditions set forth in this Agreement, City Code, and all related ordinances and resolutions.
Section 3. Exceptions to Agreement.
The following services are expressly excluded from this Agreement:
a. Self-haul materials, which are generated by an industrial entity and delivered by that entity directly to a transfer station or disposal facility.
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b. All residential and commercial solid waste, recyclables, and organics that are collected pursuant to the terms of two separate Collection Services Agreements for Recycling, Organics, and Solid Waste Collection, Processing, and Disposal Services with USA Waste of California, Inc. (WM), and Sunrise Sanitation, Inc. (Republic Services) c. Removal of materials from premises by a contractor or individual as an incidental part of a gardening, landscaping, tree trimming, cleaning, construction, demolition, maintenance or similar service offered by that contractor or individual and not a subcontracted hauling contractor.
Section 4. Term of Agreement.
Subject to Sections 23 and 36 of this Agreement, the initial term of this Agreement shall commence on January 1, 2025, and shall expire on December 31, 2029.
The term of the Agreement may be extended up to two (2) optional five-year terms by a written amendment executed by both parties. However, the total term of the Agreement including the extended term shall not exceed fifteen (15) years. This section constitutes the CITY's five-year notice that may or may not be required under Public Resources Code Section 49520. The parties agree that CONTRACTOR shall be entitled to a notice of at least one hundred and twenty (120) days prior to the expiration of this Agreement in the event the CITY determines to change the system from a nonexclusive collection system to an exclusive collection system after expiration of the term hereof.
Section 5. Conditions for Effectiveness.
The effectiveness of this Agreement is subject to CONTRACTOR's satisfaction of all the conditions set forth below.
a. Accuracy of Representations. The representation and warranties made by CONTRACTOR upon entering into this Agreement are true and correct on and as of the effective date.
b. Absence of Litigation. There is no litigation pending on the effective date in any court challenging the award or execution of this Agreement or seeking to restrain or enjoin its performance.
c. Furnishing of Insurance. CONTRACTOR has furnished evidence of the Insurance required by Section 15 of this Agreement.
Section 6. Contractor Fees.
a. Upon final execution hereof, CONTRACTOR shall pay to CITY a oneEXHIBIT 3 848
time fee of $100,000 (One hundred thousand dollars) pursuant to Section 4 above.
During the term of this Agreement, yet subject to the effective date of the applicable City Code provisions relating to the payment of fees, CONTRACTOR shall pay to the CITY such fees, as set forth below, for the privilege of engaging in the business of collecting, recycling, transporting and disposing of industrial waste from within the City limits:
(1) The Contractor fees listed in subsections 2 and 3 shall be determined based on all industrial recycling and solid waste collection revenues billed and received by CONTRACTOR from customers located in the CITY or, if CONTRACTOR provides the service for free, contractor fees shall be based on fair market value of the service as determined by the Public Works Director. (2) CONTRACTOR shall pay to the CITY a Contractor Permit Fee equal to eighteen and one-half percent (18.5%) of the gross revenue collected for performing industrial waste collection services.
(3) CONTRACTOR shall also pay to the CITY an AB 939 Fee equal to five percent (5%) of the gross revenue collected for performing industrial waste collection services.
b. Contractor Permit and AB 939 fees may be modified in the amount and manner of payment at any time during the term of this Agreement at the sole discretion of the CITY.
c. Contractor shall pay the City a one-time $100,000 fee before the Agreement is approved pursuant to Section 4 above.
Section 7. Contractor Fees - Permit and AB 939 Fee Payments. a. Contractor Permit and AB 939 fees shall be payable monthly and shall be due and payable on or before the fifteenth (15) day of the month immediately following the month in which collection services were provided. Each payment shall be calculated in accordance with the provisions of this Agreement. b. The Contractor Permit and AB 939 fees shall be paid to the City’s Administrative Services Department. Each payment shall be accompanied by a written statement, verified by the person making the payment, or a duly authorized representative of the person, showing the calculation of the Contractor Permit and AB 939 fees payable in such form and detail as the CITY may require and such other information as the CITY may determine is material to a determination of the amount due. CONTRACTOR shall pay all required Contractor Permit and AB 939 fees to:
EXHIBIT 3
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City of Stockton
Attention: Administrative Services Department
P.O. Box 2107
Stockton, CA 95201
Email: [email protected]
c. No statement filed under this Section shall be conclusive as to the matters set forth in such statement, nor shall the filing of such statement preclude the CITY from collecting by appropriate action the sum that is actually due and payable. d. If Contractor Permit and AB 939 fees are not paid by the CONTRACTOR at the times required by this Section, then in addition to the Contractor fees, the CONTRACTOR shall pay a late payment charge in an amount equal to five percent (5%) of the Contractor fee that is due, plus interest equal to one percent (1%) for each month in which the Contractor fee was not timely paid.
e. If CONTRACTOR remits Contractor Permit and AB 939 fees by personal delivery to the CITY, such payment shall be deemed timely only if delivered on or before the due date. If CONTRACTOR remits Contractor Permit and AB 939 fees by mail or other delivery service, such payment shall be deemed timely only if (1) the envelope containing the payment bears a postmark or receipt showing that the payment was mailed or sent on or before the due date or (2) CONTRACTOR submits proof satisfactory to the City Manager that the payment was in fact deposited in the mail or sent on or before said due date.
f. In the event CONTRACTOR believes that it has paid Contractor Permit and AB 939 fees in excess of the fees due to the CITY, CONTRACTOR may submit a request for refund to the City Manager on a form provided by said City Manager. If proof of overpayment is satisfactory to the City Manager, the City Manager shall and is hereby authorized to refund to CONTRACTOR any overpayment. CONTRACTOR shall not apply any overpayment as a credit against any Contractor fees or other amounts payable to the CITY unless specifically so pre-authorized by the City Manager in writing.
Section 8. Ownership of Industrial Solid Waste.
The CITY does not gain any ownership or right to possess industrial solid waste collected by CONTRACTOR pursuant to this Agreement. Subject to the provisions of this Agreement, CONTRACTOR shall have title to and may retain, recycle, process, dispose of, or use the industrial solid waste which it collects.
Section 9. Disposal of Industrial Solid Waste.
CONTRACTOR shall dispose of industrial solid waste collected or transported by CONTRACTOR only by taking such industrial solid waste to a landfill or transfer station, EXHIBIT 3
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which is lawfully authorized to accept such solid waste, with notice to the CITY of the location. CONTRACTOR may take recycled materials to a permitted facility of its choice with notice to the CITY of the location. CONTRACTOR shall not dispose of such industrial solid waste by depositing it on any land, whether public or private, or in any river, stream or other waterway, or in any sanitary sewer or storm drainage system.
Section 10. Public Access to CONTRACTOR
A responsible and qualified representative of the CONTRACTOR shall be available at the CONTRACTOR's office during office hours for communication with the CITY or the public.
Section 11. Customer Education
CONTRACTOR shall provide to each customer a printed list that outlines the materials that may be placed in industrial waste containers and those that are unacceptable.
Section 12. Tonnage Reports
a. CONTRACTOR shall file with the Public Works Director or designee a quarterly report of the quantities of industrial waste collected, transported, diverted, and/or disposed. Such report shall be in such form and detail as required by the Public Works Director or designee. Specifically, the report shall contain, but not be limited to, the following information:
(1) The industrial waste tonnage the CONTRACTOR collected within the CITY that was diverted during the previous quarter and the location of the facility where such waste was diverted;
(2) The industrial waste tonnage collected within the CITY that was disposed of during the previous quarter and the location of the disposal facility where the disposal of such waste occurred.
b. CONTRACTOR shall maintain quarterly records, on forms prescribed by the Public Works Director or designee, containing such information as may be required by the Public Works Director or designee pertaining to the number and types of accounts served by the CONTRACTOR. This information shall be provided to the Public Works Director or designee upon request.
c. The Public Works Director or designee shall maintain guidelines, forms and other appropriate material to assist CONTRACTOR in preparing the reports required by this Section. CONTRACTOR's failure to file the reports required by this Section shall constitute cause for termination or suspension of this Agreement.
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d. If the quarterly report required under subsection a, above, is not filed by the due date, the report shall be deemed delinquent, and the CONTRACTOR shall pay to the CITY a delinquent report charge in the amount of fifty dollars ($50.00). If the report remains delinquent for more than fifteen (15) days, the CONTRACTOR shall pay to the CITY a delinquent report charge in the amount of one hundred dollars ($100.00). Such delinquent report charge shall be in addition to any Contractor fees or other charges payable by the CONTRACTOR for the same period.
e. Each quarterly report shall be submitted on or before the fifteenth (15th) day of the calendar month immediately following the reportable quarter and shall be submitted to the Public Works Director or designee by email to [email protected].
f. As part of an investigation for terminating this Agreement for cause, subject to Section 23 of this Agreement and upon the reasonable request of the Public Works Director or designee, CONTRACTOR shall submit to the CITY monthly reports including a listing of each receptacle size in the CITY from which CONTRACTOR collected industrial waste during the reportable month; the number of collections of each listed container during the reportable month; the total volume (cubic yards) of industrial waste collected in the CITY during the reportable month; the total weight (in tons) of industrial waste disposed of by CONTRACTOR at landfills and transfer stations during the reportable month; the total weight (in tons) and the weight by material category (in tons) of industrial waste delivered by CONTRACTOR to recycling and materials recovery facilities during the reportable month; the number of service locations by volume (cubic yards) of service provided; CONTRACTOR's gross receipts for collection services provided in the CITY during the reportable month; and such additional information as may be required by the Public Works Director or designee. Such monthly reports shall be prepared in a form as required by the Public Works Director or designee.
Section 13. Inspection Authority.
a. CONTRACTOR shall at all times maintain, without limitation, the following:
accurate and complete accounts of all revenues arising out of its operations under this Agreement; any service complaints received and how they were resolved; all solid waste collected, transported and/or disposed of; the source of such solid waste; and the final destination of such solid waste. CONTRACTOR's books, accounts and records reasonably necessary for the enforcement of this Agreement shall be made available for inspection, examination and audit during normal business hours by authorized officers, employees and agents of the CITY. The CITY shall provide CONTRACTOR written notice at least three (3) business days prior to any inspection, audit or examination of these records.
b. In the event any audit conducted by the CITY or by the CITY's representative discloses that CONTRACTOR has made any intentional misrepresentation with respect to the Contractor fees or its diversion amounts to the CITY or discloses EXHIBIT 3
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that CONTRACTOR has underpaid Contractor fees due to the CITY in an amount greater than One Thousand Dollars ($1,000) or ten percent (10%) of the Contractor fees payable to the CITY during the period covered by the audit, whichever amount is greater, then in addition to any other remedies available to the CITY, CONTRACTOR shall reimburse the CITY for the CITY's costs incurred in the performance of the audit.
Such reimbursement shall be paid by CONTRACTOR, along with any underpaid Contractor fees, late payments and interest, within thirty (30) days after the date the CITY notifies CONTRACTOR of the amount of the CITY's costs.
Section 14. Service Fees
CONTRACTOR shall set its own service fees for industrial waste collection services.
Section 15. Insurance Requirements.
CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage 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. With respect to General Liability, Errors & Omissions, Contractors Pollution Liability, and/or Asbestos Pollution Liability, coverage should be maintained for a minimum of five (5) years after contract completion.
Minimum Scope and Limits 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. Insurance Services Office Form Number CA 0001 covering any auto (Code 1), or if Contractor has no owned autos, hired (Code 8) and non-owned (Code 9) autos, with limit no less than $2,000,000 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. (4) Contractors Pollution Liability applicable to the work being EXHIBIT 3
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performed, with a limit no less than $1,000,000 per claim or occurrence and $1,000,000 aggregate per policy period of one year.
If CONTRACTOR maintains broader coverage and/or higher limits than the minimums shown above, CITY requires and shall be entitled to the broader coverage and/or 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 CITY.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by CITY. The City of Stockton may require 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 Insured. 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.
Other Insurance Provisions.
A. The General Liability, Automobile Liability, Contractors Pollution Liability, and/or Asbestos Pollution policies are to contain, or be endorsed to contain, the following provisions:
(1) The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds 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, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions 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. (2) For any claims related to this project, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, EXHIBIT 3
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