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WORK PLANS_FILE 1
Environmental Health - Public
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3500 - Local Oversight Program
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PR0545229
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WORK PLANS_FILE 1
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Last modified
1/24/2020 11:25:32 AM
Creation date
1/24/2020 11:10:40 AM
Metadata
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EHD - Public
ProgramCode
3500 - Local Oversight Program
File Section
WORK PLANS
FileName_PostFix
FILE 1
RECORD_ID
PR0545229
PE
3526
FACILITY_ID
FA0003903
FACILITY_NAME
TOSCO CORPORATION #31258
STREET_NUMBER
4707
STREET_NAME
PACIFIC
STREET_TYPE
AVE
City
STOCKTON
Zip
95207
APN
10816004
CURRENT_STATUS
02
SITE_LOCATION
4707 PACIFIC AVE
P_LOCATION
01
P_DISTRICT
002
QC Status
Approved
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EHD - Public
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(b) Purchaser shall provide to Seller the followiniz g <br /> Purchaser: reports and information in <br /> conjunction with Baseline Corrective Action conducted or planned to be conducted by <br /> (i) By September 30 of each calendar year during which Purchaser <br /> conducts Baseline Corrective Action, Purchaser shall provide Seller with an expenditure <br /> plan detailing its planned Baseline Corrective Action expenditures for each of the next <br /> three (3) calendar years ("Corrective Action Plan"). The Corrective Action Plan shall <br /> include separate detail supporting any project with anticipated expenditures during the <br /> three (3)-year period in excess of $250,000 ("Category I Project") and a summary total of <br /> all other projects with anticipated expenditures during the three (3)-year period of less <br /> than $250,000 ("Category II Projects"). <br /> (u) Within thirty (30) days after the end of each calendar quarter, <br /> Purchaser shall provide Seller with a status report of all Baseline Corrective Action <br /> Costs Purchaser has incurred year-to-date ("Baseline Corrective Action Costs Quarterly <br /> Report"). The Baseline Corrective Action Costs Quarterly Report shall provide a <br /> summary of the total expenditures incurred for the previous quarter, year-to-date and <br /> life-to-date for each Category I Project identified in the Corrective Action Plan and a <br /> summary of the total expenditures incurred for the previous quarter, year-to-date and <br /> life-to-date for the Category II Projects- The expenditures reported shall segregate <br /> Baseline Corrective Action Costs with a breakdown within each category between direct <br /> costs and Allocated Overhead Costs, and a summary of the amount of all Baseline <br /> Corrective Action Costs Purchaser contends should be included in calculating the $200 <br /> Million Cap. The Baseline Corrective Action Costs Quarterly Report for each of the <br /> first three quarters of the year shall include an update to the estimated expenditures for <br /> each Category I Project and for all Category 11 Projects for the balance of the current <br /> year. The Baseline Corrective Action Costs Quarterly Report for the fourth quarter <br /> shall include an update for the following year (i.e. the 4th quarter Baseline Corrective <br /> Action Costs Quarterly Report of 1997will estimate expenditures for each Category I <br /> Project and the Category II Projects for the calendar year 1998). ' The Baseline <br /> Corrective Action Costs Quarterly Report shall include an invoice to Seller for Seller's <br /> share of Baseline Corrective Action Costs. Purchaser shall provide Seller with any <br /> documentation reasonably requested by Seller that evidences the invoiced amounts. <br /> (c) Seller shall reimburse Purchaser for Seller's share of the invoiced Baseline <br /> Corrective Action Costs within thirty (30) days of Seller's receipt of such invoice or, <br /> within such time, notify Purchaser in writing of disputed invoiced amounts and withhold <br /> payment of those amounts. Only disputed amounts may be withheld. <br /> (d) Seller shall have the right, upon reasonable notice, to audit the Baseline <br /> Corrective Action Costs Quarterly Reports. Any adjustments identified by Seller through <br /> an audit will be presented to Purchaser in writing for consideration to revise the Baseline <br /> Corrective Action Costs Quarterly Reports and associated invoices. Purchaser and Seller <br /> shall together review Seller's proposed adjustments and negotiate in good faith to resolve <br /> those adjustments. If an agreement cannot be reached within sixty (60) days of the <br /> 7. <br />
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