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HomeMy WebLinkAboutClear Heart Drilling 2010-05-24CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA SPECIAL PROVISIONS FOR ENVIRONMENTAL DRILLING—. UKIAH CORPORATION YARD SPECIFICATION NO. 1.0-05 CITY OF UKIAH DEPARTMENT OF PUBLIC WORKS 300 Seminary Avenue Ukiah, California 95482-5400 Bids Open: April 22, 2010 2:00 p.m. Office of City Clerk ,off Q�o�las/a Foto �E 4 EW �� cP 62230 y m R W d EXP 9I3o No. 838 Q 9 FoF cA�tFo Of CR�1F Expires 8/31 la 1 CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA CITY COUNCIL: BENJ THOMAS - MAYOR MARI RODIN - VICE MAYOR PHIL BALDWIN DOUGLAS CRANE MARY ANNE LANDIS JANE CHAMBERS - CITY MANAGER TIM ERIKSEN - DIRECTOR OF PUBLIC WORKS / CITY ENGINEER RICHARD J. SEANOR - DEPUTY DIRECTOR OF PUBLIC WORKS JOANNE CURRIE -CITY CLERK R. ALLEN CARTER - CITY TREASURER CITY OF UKIAH DEPARTMENT OF PUBLIC WORKS April 2010 TABLE OF CONTENTS NOTICE TO BIDDERS PAGE INSTRUCTIONS TO BIDDERS........................................................................................................................................1 GENERAL CONDITIONS SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS....................................3 1-01. Definitions 1-02. Examinations of Plans, Special Provisions and Site of Work 1-03. Proposal 1-04. Withdrawal of Bids 1-05. Public Opening of Bids 1-06. Bid Guaranty 1-07. Qualification of Bidders 1-08. Disqualification of Bidders 1-09. Identification of Subcontractors 1-10. General Provisions of the Standard Specifications SECTION 2. AWARD AND EXECUTION OF CONTRACT.............................................................................................4 2-01. Award of Contract 2-02. Return of Proposal Guaranties 2-03. Execution of Contract SECTION 3. SCOPE AND INTENT OF CONTRACT......................................................................................................5 3-01. Effect of Inspection and Payments 3-02. Effect of Extension of Time 3-03. Extra Work 3-04. Assignment of Contract 3-05. Subcontractors 3-06. Interpretation of Special Provisions and Drawings 3-07. Liability of City Officials 3-08. Dispute Resolution SECTION4. BONDS.......................................................................................................................................................6 4-01. Faithful Performance Bond 4-02. Material and Labor Bond 4-03. Defective Material and Workmanship Bond 4-04. Notification of Surety Companies SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS............................................................................6 5-01. Minimum Scope of Insurance 5-02. Minimum Limits of Insurance 5-03. Deductibles and Self -Insured Retentions 5-04. Other Insurance Provisions 5-05. Acceptability of Insurers 5-06. Verification of Coverage 5-07. Subcontractors SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR...........................................................................8 6-01. Legal Address of Contractor 6-02. Office of Contractor at Site 6-03. Attention to Work 6-04. Liability of Contractor 6-05. Protection of Persons and Property 6-06. Protection of City Against Patent Claims 6-07. Protection of Contractor's Work Property 6-08. Regulations and Permits 6-09. Construction Utilities 6-10. Approval of Contractor's Plans 6-11. Suggestions to the Contractor 6-12. Termination of Unsatisfactory Subcontracts 6-13. Preservation of Stakes and Marks 6-14. Assistance to Engineer 6-15. Removal of Condemned Materials and Structures 6-16. Proof of Compliance with Contract 6-17. Errors and Omissions 6-18. Cooperation 6-19. Right of Contractor to Stop Work 6-20. Hiring and Dismissal of Employees 6-21. Wage Rates 6-22. Cleaning Up 6-23. Guaranty SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY..........................................................................................12 7-01. Authority of the Engineer 7-02. Inspection 7-03. Surreys 7-04. Rights -of -Way 7-05. Retention of Imperfect Work 7-06. Changes in the Work 7-07. Additional Drawings by City 7-08. Additional and Emergency Protection 7-09. Suspension of Work 7-10. Right of City to Terminate Contract 7-11. Use of Completed Portions SECTION 8. WORKMANSHIP, MATERIALS AND EQUIPMENT................................................................................14 8-01. General Quality 8-02. Quality in Absence of Detailed Specifications 8-03. Materials and Equipment Specified by Name 8-04. Source of Materials 8-05. Storage of Materials 8-06. Drawings, Samples and Tests SECTION 9. PROSECUTION OF WORK.....................................................................................................................15 9-01. Equipment and Methods 9-02. Time of Completion 9-03. Avoidable Delays 9-04. Unavoidable Delays 9-05. Notice of Delays 9-06. Extension of Time 9-07. Unfavorable Weather and Other Conditions 9-08. Saturday, Sunday, Holiday and Night Work 9-09. Hours of Labor SECTION10. PAYMENT..............................................................................................................................................17 10-01. Certification by Engineer 10-02, Progress Estimates and Payment 10-03. Substitution of Securities 10-04. Acceptance 10-05. Final Estimate and Payment 10-06. Delay Payments 10-07. Extra Work and Work Omitted 10-08. Compensation for Extra Work or Work Omitted 10-09. Compensation to the City for Extension of Time 10-10, Liquidated Damages for Delay SECTION 11. MISCELLANEOUS.................................................................................................................................20 11-01. Notice 11-02. Computation of Time 11-03. Litigation and Forum Selection 11-04. Waiver TECHNICAL SPECIFICATIONS SECTION 12. GENERAL INFORMATION....................................................................................................................21 12-01. Location and Scope of Work 12-02. Arrangement of Technical Specifications 12-03. Arrangement of Plans 12-04. Business Licenses 12-05. Permits 12-06. Standard Specifications and Standard Plans 12-07. Temporary Facilities 12-08. Public Convenience and Safety 12-09. Maintaining Traffic 12-10. Stream Pollution 12-11. Warranties 12-12. Utilities 12-13. Preconstruction Conference 12-14. Safety Requirements SECTION 13. CONSTRUCTION DETAILS...................................................................................................................23 13-01. Scope 13-02. Personnel and Equipment 13-03. Permits, Certificates, Laws, and Ordinances 13-04. Submittals 13-05. Miscellaneous Definitions and Items of Consideration 13-06. General 13-07. Casing Materials 13-08. Sealing Materials 13-09. Location 13-10. Site Development 13-11. General Well Construction 13-12. Monitoring Well Construction 13-13. Vapor Extraction Well Construction 13-14. Injection Well Construction 13-15. Environmental Control 13-16. Capping, Abandonment, and Cleanup 13-17. Measurement 13-18. Payment SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS...................................................................................28 14-01. Provisions to be Excluded from General Conditions SECTION 15. AMENDMENTS TO GENERAL CONDITIONS......................................................................................28 15-01. Provisions of General Conditions to be Amended CERTIFICATES AND DOCUMENTS PROPOSAL...........................................................................................................................................................29 BIDDINGSCHEDULE....................................................................................................................................................30 FAIR EMPLOYMENT PRACTICES CERTIFICATION....................................................................................................34 WORKER'S COMPENSATION CERTIFICATE..............................................................................................................35 CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT......................................................................................36 LIST OF PROPOSED SUBCONTRACTORS.................................................................................................................37 STATEMENT OF EXPERIENCE OF BIDDER................................................................................................................38 SIGNATUREOF BIDDER..............................................................................................................................................39 BIDDER'S BOND 40 NON -COLLUSION AFFIDAVIT.......................................................................................................................................41 AGREEMENT...........................................................................................................................................................42 INDEMNIFICATIONAGREEMENT................................................................................................................................46 EXAMPLEBOND FORMS..............................................................................................................................................47 DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND................................51 DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND...................................................................52 INSURANCE CERTIFICATES AND ENDORSEMENT FORMS APPENDIX A (LOCATIONS) �, 11 1 CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA NOTICE TO BIDDERS FOR ENVIRONMENTAL DRILLING — UKIAH CORPORATION YARD SPECIFICATION NO. 10-05 NOTICE IS HEREBY GIVEN that sealed standard proposals for ENVIRONMENTAL DRILLING — UKIAH CORPORATION YARD will be received at the Office of the City Clerk, Ukiah Civic Center, 300 Seminary Avenue, Ukiah California until 2:00 p.m. on Thursday, April 22, 2010, at which time, or as soon thereafter as possible, they will be publicly opened and read. Bids shall be addressed to the City Clerk and shall be endorsed "ENVIRONMENTAL DRILLING 2010." Bids are required for the entire work described herein. No fax bids will be accepted. ENGINEER'S ESTIMATE OF QUANTITIES Bid Estimated Item Description and Price Quantity 1. Site Preparation, Mobilization and 1 Lump Demobilization Sum 2. Agency Fees, Including Permits and Inspection 1 Lump Sum 3. Hollow Stem Auger Drilling of 15" Conductor Borehole 80 ft. 4. Furnish and Install 8 5/8" Steel Conductor 80 ft. Casing 5. Grout Conductor Casing Seals 1 Lump Sum 6. Hollow Stem Auger of 10" borehole 200 ft. 7. Furnish and Install Sch 40 PVC 4" Blank Well 40 ft. Casing 8. Furnish and Install Sch 40 PVC 4" Well Screen 160 ft. 9. Hollow Stem Auger of 8" borehole 510 ft 10. Furnish and Install Sch 40 PVC 2" Blank Well 150 ft. Casing 11. Furnish and Install Sch 40 PVC 2" Well Screen 40 ft. 12. Furnish and Install Sch 80 PVC 1.5" Blank Well 336 ft. Casing 13. Furnish and Install Sch 80 PVC 1.5" Well 24 ft. Screen 14. Furnish and Install Sand (4 -Inch Wells) 168 ft. 15. Furnish and Install Sand (2 -Inch Wells) 44 ft. 16. Furnish and install Sand (1.5 -Inch Wells) 48 ft. 17. Furnish and. Install Bentonite Seal (2 -Inch 14 ft. Wells) 18. Furnish and Install Bentonite Seal (4 -Inch 24 ft. Wells) 19. Furnish and Install Bentonite Seal (1.5 -Inch 288 ft. Wells) - - 20. Furnish and Install Cement Seal (2 -Inch wells 82 ft, only) 21. Furnish and Install Well Boxes on Monitoring Wells and Secure Wellheads with Lock (2 Inch 1 Lump wells, only) Sum 22. Site Clean-up 1 Lump Sum Plans and Special Provisions maybe inspected and/or copies obtained for anon refundable fee of $10.00. Plans and Special Provisions may also be downloaded at no charge from the City's website at www.cityofukiah.coni. Contact Alan Hasty, Assistant Engineer, Dept. of Public Works, City of Ukiah, 300 Seminary Avenue, Ukiah, California 95482-5400. No bid will be considered unless it is made on the forms furnished by the City Engineer and is made in accordance with the details of the Special Provisions. Each bidder must be licensed as required by law. Further information regarding the work or these specifications can be obtained by calling Alan Hasty at (707) 463-6282 or at fax phone (707) 463-6204. The City Council reserves the right to reject any, or all bids and to determine which proposal is, in its opinion; the lowest responsible bid of a responsible bidder and which it deems in best interest of the City to accept. The City Council also reserves the right to waive any information not material to cost or performance in any proposal or bid. Pursuantto provisions of Section 1770, including amendments thereof, of the Labor Code of the State of California, the Director of the Department of Industrial Relations, State of California, has ascertained the general prevailing rate of wages for straight time, overtime Saturdays, Sundays and Holidays including employer payment for health and welfare, vacation, pension and similar purposes. Copies of the General Prevailing Wage Determination (applicable to the work), for the locality in which the work is to be done are available on the Internet at web address: htto://Wm.dir.ca.gov/DLSR/PWD/ The prime contractor for the work herein shall possess a current, valid State of California, Class C-57 Well Drilling Contractor's License. Pursuant to Section 4590 of the California Government Code, this contract includes provisions that allow substitutions of certain types of securities in lieu of the City withholding a portion of the partial payments due the Contractor to insure performance under this contract. By order of the City Council, City of Ukiah, County of Mendocino, State of California. Dated:,��. QGl".�_ `nne Currie, City Clerk, City of Ukiah, California T PUBLISH TWO TIMES: April 4 & 11,.2010 n INSTRUCTIONS TO BIDDERS ENVIRONMENTAL DRILLING - UKIAH CORPORATION YARD shall be performed in accordance with the Plans and Special Provisions therefore adopted, to which special reference is hereby made. Each bidder must supply all the information required by the bid documents and Special Provisions. Minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color or national origin in consideration for an award of any contract entered into pursuant to this advertisement. Women will be afforded equal opportunity in all areas of employment. However, the employment of women shall not diminish the standards of requirements for the employment of minorities. All proposals or bids shall be accompanied by a cashier's check or certified check payable to the order of the City of Ukiah amounting to 10 percent of the bid, or by a bond in said amount and signed by the bidder and a corporate surety, payable to said City. Said check shall be forfeited, or said bond shall become payable to said City in case the bidder depositing the same does not, within fifteen (15) days after written notice that the contract has been awarded to him: (a) enter into a contract with the City and (b) furnish certificates of insurance and endorsements, a bond of faithful performance and a payment bond as described in the Special Provisions. No bidder shall withdraw his or her bid for a period of thirty (30) calendar days after the date set by the City for the opening thereof. The Contractor and any subcontractors shall each possess a valid City of Ukiah Business License prior to the start of any work. The Contractor shall furnish a project schedule to the Engineer prior to the start of any work and start work as scheduled. The work is to be completed within sixty (60) calendar days. The Contractor will pay to the City the sum of five hundred ($500.00) dollars per day for each and every calendar day's delay beyond the time prescribed. Any bid protest must be filed with the City Clerk not more than 5 calendar days following the bid opening. If any such timely written protest is filed, all bidders shall be provided a copy of the protest within 2 calendar days of its receipt, which may be delivered to the bidders as an email attachment or by fax. All such bidders may file with the City Manager a written objection or other response to the protest. All objections or responses filed not more than 5 days after receipt of the written protest will be presented to the City Council at its next regular meeting occurring not less than 12 calendar days following the bid opening. The City Council will resolve the bid protest at that meeting based on the written protest, any staff recommendation and all timely written objections and responses. In accordance with the Brown Act, any person may address the City Council on this item during the meeting. The City Council action on the protest shall represent a final decision by the City on the protest. Examination of Site, Drawings, Etc. Each bidder shall visit the site of the proposed work and fully acquaint himself with local conditions, construction and labor required so that he or she may fully understand the facilities, difficulties and restrictions attending the execution of the work under the Contract. Bidders shall thoroughly examine and be familiar with the Plans and Special Provisions. The failure of any bidder to receive or examine any form, instrument, addendum, or other document, or to visit the site and acquaint himself with conditions there existing, shall in no way relieve the bidder from any obligation with respect to his or her proposal or to the contract. The drawings for the work show conditions as they are supposed or believed by the Engineer to exist; but, it is neither intended nor shall it be inferred that the conditions as shown thereon constitute a representation bythe Engineer, the City or its officers that such conditions are actually existent, nor shall the City, the Engineer or any of their officers or representatives be liable for any loss sustained by the Contractor as a result of a variance between the conditions shown on the drawings and the conditions actually revealed during the progress of the work or otherwise. The bidder's attention is directed to the possible existence of obstructions and public improvements within the limits of the work or adjacent thereto, which may or may not be shown on the Drawings. Environmental Drilling —Ukiah Corp Yard 1 Spec. No. 10-05 The bidder shall investigate to his or her satisfaction the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished and the requirements of the Plans, Special Provisions, Standard Specifications, Standard Plans, and Contract Documents. The submission of a proposal shall be considered conclusive evidence that the bidder has made such examination and has accepted the project workplace as a safe workplace to perform the work of the Contract. Location of the Work All of the work to be performed is within the City of Ukiah. General locations of the work are shown in Appendix "A". A map will be provided to the successful bidder showing the locations of the work to be done. Environmental Drilling —Ukiah Corp Yard 2 Spec. No. 10-05 GENERAL CONDITIONS SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS 1-01. Definitions. Whenever any word or expression defined in this section, or pronoun used in its stead, occurs in these contract documents, it shall have and is mutually understood to have the meaning given: a. "City of Ukiah" or "City" shall mean the City of Ukiah, Mendocino County, California, acting through its City Council or any other board, body, official or officials to which or to whom the power belonging to the Council shall by virtue of any act or acts, hereafter pass or be held to appertain. b. "Engineer" shall mean the Engineer duly and officially appointed by the City to supervise and direct the work of construction under this contract, acting personally or through agents or assistants duly authorized by him, such agents or assistants acting within the scope of the particular duties entrusted to them. C. "Inspector" shall mean the engineering or technical inspector or inspectors duly authorized or appointed by the Engineer, limited to the particular duties entrusted to him or her or them. d. "Contractor" shall mean the party entering into contract with the City of Ukiah for the performance of work covered by this contract and his or her authorized agents or legal representatives. e. "Date of signing of contract" or words equivalent thereto, shall mean the date upon which this contract, with the signature of the Contractor affixed, together with the prescribed bonds, shall be or shall have been delivered to the City or its duly authorized representatives. "Day" or "days", unless herein otherwise expressly defined, shall mean a calendar day or days of twenty-four hours each. g. "The work" shall mean and include all the work specified, indicated, shown or contemplated in the contract to construct the improvement, including all alterations, amendments or extensions thereto made by contract change order or other written orders of the Engineer. h. "Contract drawings", "drawings", "plans" shall mean and include 1) all drawings or plans which may have been prepared by or on behalf of the City, as a basis for proposals, when duly signed and made a part of this contract by incorporation or reference, 2) all drawings submitted in pursuance of the terms of this contract by the successful bidder with his or her proposal and bythe Contractor to the City if and when approved by the Engineer and 3) all drawings submitted by the Engineer to the Contractor during the progress of the work as provided for herein. Where "as shown", "as indicated", "as detailed" or words of similar import are used, it shall be understood that reference to the drawings accompanying these Special Provisions is made unless stated otherwise. Where "as directed", "as permitted", "approved" or words of similar import are used, it shall be understood that the direction, requirements, permission, approval or acceptance of the Engineer is intended unless stated otherwise. As used herein, "provide" or "install' shall be understood to mean "provide or install complete in place", that is, "furnish and install". "Shall" is mandatory; "may" is permissive. 1-02. Examination of Plans, Special Provisions and Site of Work. The bidder shall examine carefully the Proposal, Plans, Special Provisions, Contract forms and the site of the work contemplated therefor. It will be assumed that the bidder has investigated to his or her satisfaction the conditions to be encountered and the character, quality and requirements of all Plans, Special Provisions, Standard Specifications, and Standard Plans involved. 1-03. Proposal. Bids shall be made on the blank form prepared by the City without removal from the bound Special Provisions. All bids shall give the prices bid, both in writing and in figures and shall be signed by the bidder or his or her authorized representative, with his or her address. If the bid is made by an individual or partner, his or her name and the post office address of his or her business or partnership, along with his or her signature or the Environmental Drilling —Ukiah Corp Yard Spec. No. 10-05 signature of one or more partners must be shown; if made by a corporation, the bid shall show the name of the state under the laws of which the corporation is chartered, the name of the corporation and the title of the person who signs on behalf of the corporation. Each proposal shall be enclosed in a sealed envelope, endorsed as specified in the notice to bidders. Bidders are warned against making erasures or alterations of any kind and proposals which contain omissions, erasures, conditions, alterations, additions not called for, additional proposals or irregularities of any kind may be rejected. 1-04. Withdrawal of Bids. Any bid may be withdrawn at any time prior to the hour fixed in the notice to bidders for the openings of bids, provided that a request in writing, executed by the bidder or his or her duly authorized representative, for the withdrawal of such bid is filed with the City. The withdrawal of a bid will not prejudice the right of a bidder to file a new bid. 1-05. Public Opening of Bids. Bids will be opened and read publicly at the time and place indicated in the notice to bidders. Bidders or their agents are invited to be present. 1-06. Bid Guaranty. Each bid must be accompanied by a certified check, cashier's check or bidder's bond executed by an admitted surety insurer, payable to the order of the City of Ukiah in an amount not less than 10 percent of the bid as a guarantee that the bidder will enter into a contract, if awarded the work. 1-07. Qualification of Bidders. Each bidder shall be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code and shall be skilled and regularly engaged in the general class or type of work called for under this contract. A statement setting forth this experience and business standing shall be submitted by each bidder on the form provided herewith. It is the intention of the City to award a contract only to a bidder who furnishes satisfactory evidence that he or she has the requisite experience and ability and that he or she has sufficient capital, facilities and equipment to enable him or her to prosecute the work successfully and promptly within the time and in the manner agreed. In determining the degree of responsibility to be credited to a bidder, the City mayweigh evidence that the bidder or his or her personnel charged with the responsibility in the work, has performed satisfactorily other contracts of like nature and magnitude or comparable difficulty at similar rates of progress. 1-08. Disqualification of Bidders. More than one bid from an individual business, partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is financially interested in more than one bid for the work will cause the rejection of all bids in which he or she is so interested. If there is reason to believe that collusion exists among the bidders, none of the participants in such collusion will be considered. Bids in which the prices obviously are unbalanced may be rejected. 1-09. Identification of Subcontractors. All bids shall comply with the Subletting and Subcontracting Fair Practices Act (Government Code Section 4100 and following) and shall set forth: (a) The name and the location of the place of business of each subcontractor who will perform work or labor, or render service to the prime contractor in or about the construction of the work, or to a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work according to detailed drawings contained in the plans and Special Provisions, in an amount in excess of one-half of 1 percent of the prime contractor's total bid. (b) The portion of the work which will be done by each such subcontractor. The prime contractor shall list only one subcontractor for each such portion defined by the prime contractor in his or her bid. 1-10. General Provisions of the Standard Specifications. All provisions of the General Provisions, Sections 1 through 9, of the Standard Specifications, shall be applicable to the contract except as modified by these Special Provisions. The Standard Specifications are set forth in Section 12-06 of these Special Provisions. SECTION 2. AWARD AND EXECUTION OF CONTRACT 2-01. Award of Contract. Award of the contract, if it be awarded, will be to the lowest responsible bidder whose bid complies with all the specified requirements. The award, if made, will be made within thirty (30) days after Environmental Drilling —Ukiah Corp Yard 4 Spec. No. 10-05 opening of the bids. The City reserves the right to reject any and all bids and to waive any irregularity in the proposal not pertaining to cost. 2-02. Return of Proposal Guaranties. All bid guaranties will be held until the contract has been fully executed, after which they will be returned to the respective bidders whose bids they accompany. 2-03. Execution of Contract. The contract agreement shall be executed in duplicate by the successful bidder and returned, together with the contract bonds, insurance certificates and endorsements, within fifteen (15) days after written notice of the award of the contract. After execution by the City; one copy shall be filed with the City and one copy shall be returned to the Contractor. If the bidder fails or refuses to enter into the contract agreement within the required time, then the bid guaranty accompanying the bid shall be forfeited to the City. SECTION 3. SCOPE AND INTENT OF CONTRACT 3-01. Effect of Inspection and Payments. Neither the inspection by the Engineer or an inspector, nor any order, measurement or approved modification, nor certificate or payment of money, nor acceptance of any part or whole of the work, nor any extension of time, nor any possession by the City or its agents, shall operate as a waiver of any provision of this contract or of any power reserved therein to the City, or of any right to damages thereunder; nor shall any breach of this contract be held to be a waiver of any subsequent breach. All remedies shall be construed as cumulative. 3-02. Effect of Extension of Time. The granting of any extension of time on account of delays which, in the judgment of the City, are avoidable delays shall in no way operate as a waiver on the part of the City of its rights under this contract. 3-03. Extra Work. If extra work orders are given in accordance with provisions of this contract, such work shall be considered a part hereof and shall be subject to each and all of its terms and requirements. 3-04. Assignment of Contract. The contract may be assigned or sublet in whole or in part only upon the written consent of the City acting through its authorized agents. Consent will not be given to any proposed assignment which would relieve the original contractor or its surety of their responsibilities under the contract nor will the Engineer consent to any assignment of a part of the work under the contract. 3-05. Subcontractors. The Contractor shall be as fully responsible for the acts and omissions of his or her subcontractors and of persons either directly or indirectly employed by them, as he or she is for the acts and omissions of persons directly employed by him. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the terms of this Contract which are applicable to the work of subcontractors. Nothing contained in this contract shall be construed to create or shall be relied upon to create any contractual relationship between any subcontractor and the City and no action maybe brought by any subcontractor against the City based on this contract. 3-06. Interpretation of Special Provisions and Drawings. The Special Provisions and the Contract Drawings are intended to be explanatory of each other. Any work indicated in the Contract Drawings and not in the Special Provisions, or vice versa, is to be executed as if indicated in both. In case of a discrepancy or conflict between the Technical Specifications and Contract Plans, the Technical Specifications shall govern. All work shown on the Contract Drawings, the dimensions of which are not figured, shall be accurately followed to the scale to which the drawings are made, but figured dimensions are in all cases to be followed, where given, though they differ from scaled measurements. Large scale drawings shall be followed in preference to small scale drawings. Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in these contract documents, including the contract drawings, the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform thereto as part of this contract, so far as may be consistent with the terms of this contract. In the event of any doubt or questions arising respecting the true meaning of the Special Provisions, reference shall be made to the Engineer and his or her decision thereon shall be final. If the Contractor believes that a clarification or interpretation justifies an increase in the contract price or contract time, the Contractor must comply with the written notice provisions of Sections 9-05 and 10-07 of these Special Environmental Drilling —Ukiah Corp Yard 5 Spec. No. 10-05 Provisions. Contractors attention is directed to Section 12-05 of the Technical Specifications regarding the Standard Specifications and Standard Plans. 3-07. Liability of City Officials. No city official, nor the Engineer, nor any authorized assistant of any of them, shall be personally responsible for any liability arising under this contract. 3-08. Dispute Resolution. Claims of $375,000 or less by the Contractor that arise under this Contract are subject to the mandatory dispute resolutions provisions in Public Contract Code Sections 20104-20104.6. SECTION 4. BONDS 4-01. Faithful Performance Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit, or certificates of deposit, acceptable to the City, conditioned upon the faithful performance of all covenants and stipulations under this contract. The amount of the bond shall be 100 percent of the total contract price, as this sum is set forth in the agreement. 4-02. Material and Labor Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit or certificates of deposit acceptable to the City in a sum not less than 50 percent of the total contract price, as this sum is set forth in the agreement for the payment in full of all persons, companies or corporations who perform labor upon or furnish materials to be used in the work under this contract, in accordance with the provisions of Sections 3247 through 3252 inclusive of the Civil Code of the State of California and any acts amendatory thereof. 4-03. Defective Material and Workmanship Bond. As a condition precedent to the completion of this contract, the Contractor shall furnish a bond of a surety company acceptable to the City in an amount not less than 5 percent (5%) of the final contract price, to hold good for a period of one (1) year after the completion and acceptance of the work, to protect the City against the results of defective materials, workmanship and equipment during that time. This bond shall be delivered to the City before the final payment under this contract will be made. 4-04. Notification of Surety Companies. The surety companies shall familiarize themselves with all of the conditions and provisions of this contract and they waive the right of special notification of any change or modification of this contract or of extension of time, or decreased or increased work, or of the cancellation of the contract, or of any other act or acts by the City or its authorized agents, under the terms of this contract; and failure to so notify the aforesaid surety companies of changes shall in no way relieve the surety companies of their obligation under this contract. SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS (WITH CONSTRUCTION RISKS) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. 5-01. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial Liability Coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Course of Construction insurance covering for "all risks" of loss. 5-02. Minimum Limits of Insurance Contractor shall maintain limits no less than: Environmental Drilling —Ukiah Corp Yard Spec. No. 10-05 1 General Liability: $1,000,000 per occurrence for bodily injury, personal injuryand property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury and property damage. 4. Course of Construction: Completed value of the project with no co-insurance penalty provisions. 5-03. Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 5-04. Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: The City, its officers, officials, employees and volunteers are to be covered as Additional Insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and 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, or as a separate owner's policy. 2. The workers' compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City. 3. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees or volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of Civil Code. 6. Course of Construction policies shall contain the following provisions: a.) The City shall be named as loss payee. b.) The insurer shall waive all rights of subrogation against the City. 5-05. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than the following: A++ VII A- VIII A+ VII B++ X AVII B+X Environmental Drilling —Ukiah Corp Yard 7 Spec. No. 10-05 5-06. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required bythis clause. The endorsements shall be on forms provided bythe City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received within 15 days from written notice of contract award, and the work shall not commence until the certificates and endorsements have been approved bythe City. The City reserves the right to require complete certified copies of all required insurance policies, including endorsements affecting the coverage required by these Special Provisions at any time. 5-07. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and.endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR 6-01. Legal Address of Contractor. Both the address given in the proposal and the Contractor's office in the vicinity of the work are hereby designated as places to either of which drawings, samples, notices, letters or other articles or communications to the Contractor may be mailed or delivered. The delivery at either of these places of any such thing from the City or its agents to the Contractor shall be deemed sufficient service thereof upon the Contractor and the date of such service shall be the date of such delivery. The address named in the proposal may be changed at any time by notice in writing from the Contractor to the City. Nothing herein contained shall be deemed to preclude or render inoperative the service of any drawing, sample, notice; letter or other article or communication to or upon the Contractor personally. 6-02. Office of Contractor at Site. During the performance of this contract, the Contractor shall maintain a suitable office at the site of the work which shall be the headquarters of a representative authorized to receive drawings and any such thing given to the said representatives or delivered at the Contractor's office at the site of work in his or her absence shall be deemed to have been given to the Contractor. 6-03. Attention to Work. The Contractor shall give his or her personal attention to and shall supervise the work to the end that it shall be prosecuted faithfully and when he or she is not personally present on the work, he or she shall at all reasonable times be represented by a competent superintendent orforeman who shall receive and obey all instructions or orders given under this contract and who shall have full authority to execute the same and to supply materials, tools and labor without delay and who shall be the legal representative of the Contractor. The Contractor shall be liable for the faithful observance of any instructions delivered to him or her or to his or her authorized representative. 6-04. Liability of Contractor. The Contractor shall do all of the work and furnish all labor, materials, tools and appliances, except as otherwise herein expressly stipulated, necessaryor proper for performing and completing the work herein required in the manner and within the time herein specified. The mention of any specific duty or liability imposed upon the Contractor shall not be construed as a limitation or restriction of any general liability or duty imposed upon the Contractor by this contract, said reference to any specific duty or liability being made herein merely for the purpose of explanation. The right of general supervision bythe City shall not make the Contractor an agent of the City and the liability of the Contractor for all damages to persons or to public or private property, arising from the Contractor's execution of the work, shall not be lessened because of such general supervision. Until the completion and final acceptance by the City of all the work under and implied by this contract, the work shall be under the Contractor's responsible care and charge. The Contractor shall rebuild, repair, restore and make good all injuries, damages, re -erections and repairs, occasioned or rendered necessary by causes of any nature whatsoever, excepting only acts of God and none other, to all or any portions of the work, except as otherwise stipulated. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and its officers, directors, agents and employees from and against all claims, damages, losses and expenses including but not limited to attorneys' fees, costs of suit, expert witness fees and expenses and fees and costs of any necessary private investigators arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, other than the work itself, including the loss of use resulting therefrom and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, or anyone directly or indirectly Environmental Drilling —Ukiah Corp Yard 8 Spec. No. 10-05 employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder, or by the negligence or omission of a party indemnified herein. In any and all claims against the City or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. The obligation to indemnify shall extend to and include acts of the indemnified party which may be negligent or omissions which may cause negligence. The City shall have the right to estimate the amount of such damage and to cause the Cityto paythe same and the amount so paid for such damage shall be deducted from the money due the Contractor under this contract; or the whole or so much of the money due or to become due the Contractor under this contract as may be considered necessary by the City, shall be retained by the City until such suits or claims for damages shall have been settled or otherwise disposed of and satisfactory evidence to that effect furnished to the City. 6-05. Protection of Persons and Property. The Contractor shall furnish such watchman, guards, fences, warning signs, walks and lights as shall be necessary and shall take all other necessary precautions to prevent damage or injury to persons or property. All property line fences and improvements in the vicinity of the work shall be protected bythe Contractor and, if they are injured or destroyed, they and any other property injured by the Contractor, his or her employees or agents, shall be restored to a condition as good as when he or she entered upon the work. 6-06. Protection of City Against Patent Claims. All fees, royalties or claims for any patented invention, article or method that may be used upon or in any manner connected with the work under this contract shall be included in the price bid for the work and the Contractor and his or her sureties shall protect and hold the City, together with all of its officers, agents, servants and employees, harmless against any and all demands made for such fees or claims brought or made on account of this contract. The Contractor shall, if requested by the Engineer, furnish acceptable proof of aproper release from all such fees or classes. Should the Contractor, his or her agents, servants or employees, or any of them be enjoined from furnishing or using any invention, article, material or appliance supplied or required to be supplied or used under this contract, the Contractor shall promptly substitute other articles, materials or appliance, in lieu thereof, of equal efficiency, quality, finish, suitability and market value and satisfactory in all respects to the Engineer. Or, in the event that the Engineer elects, in lieu of such substitution, to have supplied and to retain and use, any such invention, article, material or appliance, as may by this contract be required to be supplied, in that event the Contractor shall pay such royalties and secure such valid licenses as may be requisite and necessary for the City, its officers, agents, servants and employees, or any of them, to use such invention, article, material or appliance without being disturbed or in anyway interfered with by any proceeding in law or equity on account thereof. Should the Contractor neglect or refuse to make the substitution promptly, or to pay such royalties and secure such licenses as may be necessary, then in that event the Engineer shall have the right to make such substitution, or the City may pay such royalties and secure such licenses and charge the cost thereof against any money due to the Contractor from the City or recover the amount thereof from him or her and his or her sureties notwithstanding final payment under this contract may have been made. 6-07. Protection of Contractor's Work Property. The Contractor shall protect his or her work, supplies and materials from damage due to the nature of the work, the action of the elements, trespassers, or any cause whatsoever under his or her control, until the completion and acceptance of the work. Neither the City nor any of its agents assumes any responsibility for collecting indemnity from any person or persons causing damage to the work of the Contractor. 6-08. Regulations and Permits. The Contractor shall secure and pay for all permits, give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the Plans and Special Provisions are at variance therewith, he or she shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. The contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License. The City of Ukiah will issue a no fee encroachment permit to the Contractor allowing him or her to perform Environmental Drilling —Ukiah Corp Yard 9 Spec. No. 10-05 work within City right of way or within City property after the Contract Documents have been executed and insurance certificates and endorsements have been approved by the City. 6-09. Construction Utilities. The Contractor shall be responsible for providing for and in behalf of his or her work under this contract, all necessary utilities, such as special connection to water supply, telephones, power lines, fences, roads, watchmen, suitable storage places, etc. 6-10. Approval of Contractor's Plans. The approval by the Engineer of any drawing or any method of work proposed by the Contractor in accordance with paragraph 8-06 shall not relieve the Contractor of any of his or her responsibility for his or her errors therein and shall not be regarded as any assumption of risk or liability by the City or any officer or employee thereof and the Contractor shall have no claim under this contract on account of the failure or partial failure or inefficiency of any plan or method so approved. Such approval shall be considered to mean merelythat the Engineer has no objection to the Contractor's using, upon his or her own full responsibility the plan or method approved. 6-11. Suggestions to the Contractor. Any plan or method of work suggested by the Engineer to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the Engineer and the City shall assume no responsibility thereof. 6-12. Termination of Unsatisfactory Subcontracts. Should any subcontractor fail to perform in a satisfactory manner the work undertaken by him, such subcontract shall be terminated immediately by the Contractor upon notice from the Engineer. 6-13. Preservation of Stakes and Marks. The Contractor shall preserve carefully bench marks, reference points and stakes and in case of destruction he or she shall replace his or her stakes, reference points and bench marks and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. Contractor's attention is directed to Section 7-03 of these Special Provisions. 6-14. Assistance to Engineer. At the request of the Engineer the Contractor shall provide men from his or her force and tools, stakes and other materials to assist the Engineer temporarily in making measurements and surveys and in establishing temporary or permanent reference marks. Payment for such materials and assistance will be made as provided for under the caption "Extra Work," provided, however, that the cost of setting stakes and marks carelessly lost or destroyed by the Contractor's employees will be assessed to the Contractor. 6-15. Removal of Condemned Materials and Structures. The Contractor shall remove from the site of the work, without delay, all rejected and condemned materials or structures of any kind brought to or incorporated in the work and upon his or her failure to do so, or to make satisfactory progress in so doing, within forty-eight (48) hours after the service of a written notice from the Engineer, the condemned material or work may be removed bythe City and the cost of such removal shall be taken out of the money that may be due or may become due the Contractor on account of or by virtue of this contract. No such rejected or condemned material shall again be offered for use by the Contractor under this Contract. 6-16. Proof of Compliance with Contract. In order that the Engineer may determine whether the Contractor has complied with the requirements of this contract, not readily enforceable through inspection and tests of the work and materials, the Contractor shall, at any time when requested, submit to the Engineer properly authenticated documents or other satisfactory proofs as to his or her compliance with such requirements. 6-17. Errors and Omissions. If the Contractor, in the course of the work, finds any errors or omissions in plans or in the layout as given by survey points and instruction, or if he or she finds any discrepancy between the plans and the physical conditions of the locality, he or she shall immediately inform the Engineer, in writing and the Engineer shall promptly verify the same. Any work done after such discovery, until authorized, will be done at the Contractor's risk. 6-18. Cooperation. The Contractor shall cooperate with all other contractors who may be performing work in behalf of the City and workmen who may be employed by the City on any work in the vicinity of the work to be done under this contract with the work of such contractors or workmen. he or she shall make good promptly, at his or her own expense, any injury or damage that may be sustained by other contractors or employees of the City at his or her hands. Environmental Drilling —Ukiah Corp Yard 10 Spec. No. 10-05 in Any difference or conflict which may arise between the Contractor and other contractors, or between the contractor and workmen of the City in regard to their work shall be adjusted and determined bythe Engineer. If the work of the Contractor is delayed because of any acts or omissions of any other contractor or of the City, the Contractor shall on that account have no claim against the City other than for an extension of time. 6-19. Right of Contractor to Stop Work. Under the following conditions the Contractor shall have the right, if he or she so desires, to stop the work and terminate the contract upon ten (10) days written notice to the Engineer and recover from the City payment for all work actually performed and for all satisfactory materials actually delivered to the site of the work for permanent incorporation therein, all as may be shown by the estimate of the Engineer. (1) If the work be stopped under an order of any court or other competent public authority for a period of time of three (3) months through no act or fault of the Contractor or of anyone employed by him. (2) If the Engineer fails to issue the monthly certificate for payment in accordance with the terms of this contract. (3) If the City fails to pay the Contractor within sixty (60) days after it shall have become due, as provided bythe terms of this contract, any sum certified by the Engineer or awarded bythe City. All provided that if such action to terminate the contract be not instituted bythe Contractor within ten (10) days after the alleged existence of such condition and if written notice of such action be not at that time delivered to the City and the Engineer, then such right shall lapse until another occasion arises according to this section. 6-20. Hiring and Dismissal of Employees. The Contractor shall employ only such foremen, mechanics and laborers as are competent and skilled in their respective lines of work and whenever the Engineer shall notify the Contractor that any person on the work is, in his or her opinion, incompetent, unfaithful, intemperate or disorderly, or refuses to carry out the provisions of this contract, or uses threatening or abusive language to any person on the work representing the City, or is otherwise unsatisfactory, such person shall be discharged immediately from the work and shall not be re-employed upon it except with the consent of the Engineer. 6-21. Wage Rates. Contractor shall pay all mechanics and laborers employed or working upon the site of the work unconditionally and without subsequent deductions or rebate on any account the full amounts due at the time of payment at wage rates not less than those contained in the applicable prevailing wage determination, regardless of any contractual relationship which may be alleged to exist between the Contractor and subcontractors and such laborers and mechanics. 2. Contractor shall comply with the California Labor Code Section 1775. In accordance with said Section 1775, Contractor shall forfeit as a penalty to the Owner, $50.00 for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for such work or craft in which such workman is employed for any work done under the Contract by him or her or by any subcontractor under him or her in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by the Contractor. 3. Pursuant to the provision of Section 1770 of the Labor Code of the State of California, Owner has ascertained the general prevailing rate of wages (which rate includes employer payments for health and welfare, vacation, pension and similar purposes) applicable to the work to be done, for straight time work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned. Copies of the General Prevailing Wage Determination are available on the Internet at web address: http://www.dir.ca.gov/DLSR/PWD The Contractor shall post the wage determination at the site of work in a prominent place where it can easily be seen by the workers. 4. City will not recognize any claim for additional compensation because the Contractor has paid any rate in excess of the prevailing wage rate obtained by the Contractor. The possibility of wage increases is one of Environmental Drilling -Ukiah Corp Yard 11 Spec. No. 10-05 the elements to be considered by the Contractor in determining his or her bid and will not in any circumstances be considered as the basis for a claim against the City. 5. Travel and Subsistence Payments. Contractor shall make travel and subsistence payments to each workman needed to execute the work in accordance with the requirements in Section 1773.8 of the Labor Code (Chapter 880, Statutes of 1968). 6. Apprentices. Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the California Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Contractor and any subcontractor under him or her shall comply with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 6-22. Cleaning Up. The Contractor shall not allow the site of the work to become littered with trash and waste material, but shall maintain the same in a neat and orderly condition throughout the construction period. The Engineer shall have the right to determine what is or is not waste material or rubbish and the place and manner of disposal. On or before the completion of the work, the Contractor shall without charge therefor carefully clean out all pits, pipes, chambers or conduits and shall tear down and remove all temporary structures built by him or her and shall remove rubbish of all kind from any of the grounds which he or she has occupied and leave them in first class condition. 6-23. Guaranty. All work shall be guarantied for a period of one year from the date of acceptance by the City. The Contractor shall promptly make all needed repairs arising out of defective materials, workmanship and equipment. The City is hereby authorized to make such repairs if within ten days after the mailing of a notice in writing to the Contractor or his or her agent, the Contractor shall neglect to make or undertake with due diligence the aforesaid repairs, provided, however, that in case of an emergency where, in the opinion of the City delay would cause serious loss or damage, repairs may be made without notice being sent to the Contractor and the Contractor shall pay the costs thereof. Pursuant to the provisions of Section 4-03 of these Special Provisions, the Contractor shall furnish a Defective Material and Workmanship Bond in an amount not less than 5 percent of the final contract price, which shall be effective for a period of one (1) year after the completion and acceptance of the work. SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY 7-01. Authority of the Engineer. All work done under this contract shall be done in a workmanlike manner and shall be performed to the reasonable satisfaction of the Engineer, who shall have general supervision of all work included hereunder. To prevent disputes and litigation, the Engineer (1) shall in all cases determine the amount, quality, acceptability and fitness of the several kinds of work and materials which are to be paid for under this contract, (2) shall decide all questions relative to the true construction, meaning and intent of the Special Provisions and Drawings, (3) shall decide all questions which may arise relative to the classifications and measurements of quantities and materials and the fulfillment of this contract and (4) shall have the power to reject or condemn all work or material which does not conform to the terms of this contract. his or her estimate and decision in all matters shall be a condition precedent to an appeal for arbitration, or the right of the Contractor to receive, demand, or claim any money or other compensation under this agreement and a condition precedent to any liability on the part of the City to the Contractor on account of this contract. Whenever the Engineer shall be unable to act, in consequence of absence or other cause, then such engineer as the Engineer or the City shall designate, shall perform any and all of the duties and be vested with any or all of the powers herein given to the Engineer. Environmental Drilling —Ukiah Corp Yard 12 Spec. No. 10-05 7-02. Inspection. The City will provide engineering personnel for the inspection of the work. The Engineer and his or her representatives shall at all times have access to the work whenever it is in preparation or progress and the Contractor shall provide proper facilities for such access and inspection. If the Special Provisions, the Engineer's instruction, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection and, if the inspection is by an authority other than the Engineer, of the date fixed for such inspection. Inspections by the Engineer shall be promptly made at the source of supply where practicable. If any work shall be covered up without approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination and properly restored at the Contractor's expense. Re-examination of any work may be ordered by the Engineer and, if so ordered, the work must be uncovered by the Contractor. If such work is found to be in accordance with the contract documents, the City shall pay the cost of re- examination and replacement. If such work is not in accordance with the contract documents, the Contractor shall pay such cost. Properly authorized and accredited inspectors shall be considered to be the representatives of the City limited to the duties and powers entrusted to them. It will be their duty to inspect materials and workmanship of those portions of the work to which they are assigned, either individually or collectively, under instructions of the Engineer and to report any and all deviations from the Drawings, Special Provisions and other contract provisions which may come to their notice. Any inspector may be considered to have the right to order the work entrusted to his or her supervision stopped, if in his or her opinion such action becomes necessary, until the Engineer is notified and has determined and ordered that the work may proceed in due fulfillment of all contract requirements. 7-03. Surveys. Contractor shall furnish all land surveys, establish all base lines and bench marks and make sufficient detailed surveys needed for working points, lines and elevations. The Contractor shall develop all slope stakes and batter boards. Contractor shall also develop all additional working points, lines and elevations as he or she may desire to facilitate his or her methods and sequence of construction. 7-04. Rights -of -Way. The City will provide all necessary rights-of-way and easements in or beneath which work will be performed by the Contractor under this contract. 7-05. Retention of Imperfect Work. If any portion of the work done or material furnished under this contract shall prove defective and not in accordance with the Plans and Special Provisions, and if the imperfection in the same shall not be of sufficient magnitude or importance to make the work dangerous or undesirable, the Engineer shall have the right and authority to retain such work instead of requiring the imperfect work to be removed and reconstructed, but he or she shall make such deductions therefor in the payments due or to become due the Contractor as may be just and reasonable. 7-06. Changes in the Work. The Engineer shall have the right, in writing, to order additions to, omissions from, or corrections, alterations and modifications in the line, grade, form, dimensions, plan, or kind or amount of work or materials herein contemplated, or any part thereof, either before or after the beginning of construction. However, the arithmetical sum of the cost to the City of additions and subtractions from the work under this contract shall not exceed 10 percent of original contract amount or $25,000, whichever is the lesser, unless based upon a supplementary agreement to be made therefore. The order of such additions, omissions, corrections, alterations and modifications shall be in writing and signed by the Engineer and, in order, shall then be binding upon the Contractor. The Contractor shall proceed with the work as changed and the value of such change shall be determined as provided for in section 10-07 of these Special Provisions. Such alterations shall in no way affect, vitiate, or make void this contract or any part thereof, except that which is necessarily affected by such alterations and is clearly the evident intention of the parties to this contract. 7-07. Additional Drawings by City. The drawings made a part of this contract at the time of its execution are intended to be fairly comprehensive and to indicate in more or less detail the scope of the work. In addition to these drawings, however, the Engineer shall furnish such additional drawings from time to time during the progress of the work as are necessary to make clear or to define in greater detail the intent of the Special Provisions and the contract drawings and the Contractor shall make his or her work conform to all such drawings. Environmental Drilling —Ukiah Corp Yard 13 Spec. No. 10-05 7-08. Additional and Emergency Protection. Whenever, in the opinion of the Engineer, the Contractor has not taken sufficient precautions for the safety of the public or the protection of the works to be constructed under this contract, or of adjacent structures or property which may be injured by the processes of construction on account of such neglect and whenever, in the opinion of the Engineer, an emergencyshall arise and immediate action shall be considered necessary in order to protect public or private, personal or property interest, then and in that event, the Engineer, with or without notice to the Contractor may provide suitable protection to the said interests by causing such work to be done and such material to be furnished as shall provide such protection as the Engineer may consider necessary and adequate. The cost and expense of such work and material so furnished shall be borne by the Contractor and, if the same shall not be paid on presentation of the bills therefor, then such costs shall be deducted from any amounts due or to become due the Contractor. The performance of such emergency work under the direction of the Engineer shall in no way relieve the Contractor from any damages which may occur during or after such precaution has been taken by the Engineer. 7-09. Suspension of Work. The City may at any time suspend the work or any part thereof by giving five (5) days written notice to the Contractor. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor so to do. The City shall reimburse the Contractor for expense incurred by the Contractor in connection with the work under this contract as a result of such suspension. If the work, or any part thereof, shall be stopped by the notice in writing aforesaid and if the City does not give notice in writing to the Contractor to resume work at a date within ten (10) days of the date fixed in the written notice to suspend, then the Contractor may abandon that portion of the work so suspended and he or she will be entitled to the estimates and payments for all work done on the portions so abandoned, if any, plus 5 percent of the value of the work so abandoned, to compensate for loss of overhead, plant expense and anticipated profit. 7-10. Right of City to Terminate Contract. If the Contractor should be adjudged a bankrupt, or if he or she should make a general assignment for the benefit of his or her creditors, or if a receiver should be appointed on account of his or her insolvency, or if he or she should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply sufficient properly skilled workmen or proper materials, or if he or she should fail to make prompt payments to subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the Engineer, or otherwise be guilty of a substantial violation of any provision of the contract, then the City, upon the certificate of the Engineer that sufficient cause exists to justify such action, may, without prejudice to any other right or remedy and after giving the Contractor seven days written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances and finish the work by whatever method the City may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the City. The expense incurred by the City as herein provided and the damage incurred through the Contractor's default, shall be certified by the Engineer. 7-11. Use of Completed Portions. The City shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions which may not have expired; but such taking possession and using shall not be deemed an acceptance of any work not completed in accordance with the contract documents. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation, or extension of time or both, as the Engineer may determine. SECTION 8. WORKMANSHIP, MATERIALS and EQUIPMENT 8-01. General Quality. Materials and equipment shall be new and of a quality equal to that specified or approved. Work shall be done and completed in a thorough and workmanlike manner. 8-02. Quality in Absence of Detailed Specifications. Whenever under this contract it is provided that the Contractor shall furnish materials or manufactured articles or shall do work for which no detailed specifications are set forth, the materials or manufactured articles shall be of the best grade in quality and workmanship obtainable in Environmental Drilling —Ukiah Corp Yard 14 Spec. No. 10-05 the market from firms of established good reputation, or, if not ordinarily carried in stock, shall conform to the usual standards for first-class materials or articles of the kind required, with due consideration of the use to which they are to be put. In general, the work performed shall be in full conformity and harmony with the intent to secure the best standard of construction and equipment of the work as a whole or in part. 8-03. Materials and Equipment Specified by Name. Whenever any material or equipment is indicated or specified by patentor proprietaryname or by the name of the manufacturer, such specification shall be considered as used for the purpose of describing the material or equipment desired and shall be considered as followed by the words "or approved equal". The Contractor may offer any material or equipment which shall be equal in every respect to that specified, provided that written approval first is obtained from the Engineer. 8-04. Source of Materials. Price, fitness and quality being equal, preference shall be given by the Contractor for supplies grown, manufactured or produced in the State of California and, next, for such products partially produced in this State in accordance with Government Code Section 4332. 8-05. Storage of Materials. Materials shall be so stored to ensure the preservation of their quality and fitness for the work. They shall be so located and disposed that prompt and proper inspection thereof may be made. 8-06. Drawings, Samples and Tests. As soon as possible after execution of the contract, the Contractor shall submit to the Engineer, in quintuplicate, sufficient information including, if necessary, assembly and detail drawings to demonstrate fullythat the equipment and materials to be furnished complywith the provisions and intent of these Special Provisions and Drawings. If the information thus submitted indicates the equipment or materials is acceptable, the Engineer will return one copy stamped with his or her approval; otherwise, one copywill be returned with an explanation of why the equipment or material is unsatisfactory. The Contractor shall have no claims for damages or for extension of time on account of any delay due to the revision of drawings or rejection of material. Fabrication or other work performed in advance of approval shall be done entirely at the Contractor's risk. After approval of equipment or material, the Contractor shall not deviate in any way from the design and specifications given without the written consent of the Engineer. When requested by the Engineer, a sample or test specimens of the materials to be used or offered for use in connection with the work shall be prepared at the expense of the Contractor and furnished by him or her in such quantities and sizes as may be required for proper examination and tests, with all freight charges prepaid and with information as to their sources. All samples shall be submitted before shipment and in ample time to permit the making of proper tests, analyses, or examination before the time at which it is desired to incorporate the material into the work. All tests of materials furnished by the Contractor shall be made by the Engineer. Samples shall be secured and tested whenever necessary to determine the quality of the material. SECTION 9. PROSECUTION OF WORK 9-01. Equipment and Methods. The work under this contract shall be prosecuted with all materials, tools, machinery, apparatus and labor and by such methods as are necessary to the complete execution of everything described, shown, or reasonably implied. If at any time before the beginning or during the progress of the work, any part of the Contractor's plant or equipment, or any of his or her methods of execution of the work, appear to the Engineer to be unsafe, inefficient, or inadequate to insure the required quality or the rate of progress of the work, he or she may order the Contractor to increase or improve his or her facilities or methods and the Contractor shall comply promptly with such orders; but, neither compliance with such orders nor failure of the Engineer to issue such orders shall relieve the Contractor from his or her obligation to secure the degree of safety, the quality of the work and the rate of progress required of the Contractor. The Contractor alone shall be responsible for the safety, adequacy and efficiency of his or her plant, equipment and methods. 9-02. Time of Completion. The Contractor shall promptly begin the work under this contract and shall complete and make ready for full use all portions of the project made the subject of this contract within the time set forth in the agreement bound herewith. 9-03. Avoidable Delays. Avoidable delays in the prosecution or completion of the work shall include all delays which might have been avoided by the exercise of care, prudence, foresight and diligence on the part of the Contractor. The City will consider as avoidable delays within the meaning of this contract (1) delays in the Environmental Drilling —Ukiah Corp Yard 15 Spec. No. 10-05 prosecution of parts of the work, which may in themselves be unavoidable, but do not necessarily prevent or delay the prosecution of other parts of the work nor the completion of the whole work within the time herein specified, (2) reasonable loss of time resulting from the necessity of submitting plans to the Engineer for approval and from the making of surveys, measurements, inspections, and testing and (3) such interruptions as may occur in the prosecution of the work on account of the reasonable interference of other contractors employed by the City which do not necessarily prevent the completion of the whole work within the time herein specified. 9-04. Unavoidable Delays. Unavoidable delays in the prosecution or completion of the work under this contract shall include all delays which may result, through cause beyond the control of the Contractor and which he or she could not have provided against by the exercise of care, prudence, foresight and diligence. Orders issued by the City changing the amount of work to be done, the quantity of material to be furnished or the manner in which the work is to be prosecuted and unforeseen delays in the completion of the work of other contractors under contract with the City will be considered unavoidable delays, so far as they necessarily interfere with the Contractor's completion of the whole of the work. Delays due to normally adverse weather conditions will not be regarded as unavoidable delays. However, truly abnormal amounts of rainfall, temperatures or other weather conditions for the location of the work and time of year may be considered as unavoidable delays if those conditions necessarily cause a delay in the completion of the work. 9-05. Notice of Delays. Whenever the Contractor foresees any delay in the prosecution of the work and, in any event, immediately upon the occurrence of any delay which the contractor regards as an unavoidable delay, he or she shall notify the Engineer in writing of the probability of the occurrence of such delay and its cause, in order that the Engineer may take immediate steps to prevent, if possible, the occurrence or continuance of the delay, or, if this cannot be done, may determine whether the delay is to be considered avoidable or unavoidable, how long it continues and to what extent the prosecution and completion of the work are to be delayed thereby. 9-06. Extension of Time. Should any delays occur which the Engineer may consider unavoidable, as herein defined, the Contractor shall, pursuant to his or her application, be allowed an extension of time proportional to said delay or delays, beyond the time herein set forth, in which to complete this contract; and liquidated damages for delay shall not be charged against the Contractor by the City during an extension of time granted because of unavoidable delay or delays. Any claim by Contractor for a time extension based on unavoidable delays shall be based on written notice delivered to the Engineer within 15 days of the occurrence of the event giving rise to the claim. Failure to file said written notice within the time specified shall constitute a waiver of said claim. Notice of the full extent of the claim and all supporting data must be delivered to the Engineer within 45 days of the occurrence unless the Engineer specifies in writing a longer period. All claims for a time extension must be approved by the Engineer and incorporated into a written change order. 9-07. Unfavorable Weather and Other Conditions. During unfavorable weather and other conditions, the Contractor shall pursue only such portions of the work as shall not be damaged thereby. No portions of the work whose satisfactory quality or efficiency will be affected by any unfavorable conditions shall be constructed while these conditions remain, unless, by special means or precautions approved by the Engineer, the Contractor shall be able to overcome them. The Contractor shall be granted a time extension of one day for each unfavorable weather day which prevents him or her from placing concrete forms or placing and finishing concrete or asphalt concrete. Such unfavorable weather day is defined as a rain day where precipitation prevents the contractor from performing the work more than four (4) continuous hours within the authorized work period or a temperature day where the ambient temperature is below that specified for the placement of materials associated with the controlling work item for more than four (4) continuous work hours of the authorized work period. 9-08. Saturday, Sunday, Holiday and Night Work. No work shall be done between the hours of 6 p.m. and 7 a.m., nor on Saturdays, Sundays or legal holidays except such work as is necessary for the proper care and protection of work already performed, or except in cases of absolute necessity and in any case only with the permission of the Engineer. It is understood, however, that night work may be established as a regular procedure by the Contractor if he or she first obtains the written permission of the Engineer and that such permission may be revoked at any time by the Engineer if the Contractor fails to maintain at night adequate force and equipment for reasonable prosecution and to justify inspection of the work. Environmental Drilling —Ukiah Corp Yard 16 Spec. No. 10-05 9-09. Hours of Labor. Eight (8) hours of labor shall constitute a legal day's work and the Contractor or any subcontractor shall not require or permit more than eight hours of labor in a day from any person employed by him or her in the performance of the work under this contract, unless paying compensation for all hours worked in excess of eight (8) hours per day at not less than 11/2 times the basic rate of pay. The Contractor shall forfeit to the City, as a penalty, the sum of twenty-five dollars ($25.00) for each workman employed in the execution of the contract by him or her or by any subcontractor, for each calendar day during which such laborer, workman, or mechanic is required or permitted to labor more than eight hours in violation of the provisions of Section 1810 to 1816, inclusive, (Article 3, Chapter 1, Part 7, Division 2) of the Labor Code of the State of California and any acts amendatory thereof. SECTION 10. PAYMENT. 10-01. Certification by Engineer. All payments under this contract shall be made upon the presentation of certificates in writing from the Engineer and shall show that the work covered by the payments has been done and the payments thereof are due in accordance with this contract. 10-02. Progress Estimates and Payment. The Engineer shall, within the first seven (7) days of each month, make an estimate of the value of the work performed in accordance with this contract during the previous calendar month. The first estimate shall be of the value of the work satisfactorily completed in place and meeting the requirements of the contract. And every subsequent estimate, except the final estimate, shall be of the value of the work satisfactorily completed in place since the last preceding estimate was made; provided, however, that should the Contractor fail to adhere to the program of completion fixed in this contract, the Engineer shall deduct from the next and all subsequent estimates the full calculated accruing amount of the liquidated damages to the date of said estimate, until such time as the compliance with the program has been restored. The estimate shall be signed by the Engineer and, after approval, the City shall pay or cause to be paid to the Contractor in the manner provided by law, an amount equal to 90 percent of the estimated value of the work satisfactorily performed and complete in place. 10-03. Substitution of Securities. 1. At such times that Government Code Section 4590 is in effect Contractor may propose the substitution of securities of at least equal market value for any moneys to be withheld to ensure performance under the Contract. Market value shall be determined as of the day prior to the date such substitution is to take place. Such substitution shall be made at the request and expense of the Contractor. The securities shall be one or more of the following types: (a) Bonds or interest-bearing notes or obligations of the United States, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. (b) Bonds or interest-bearing notes on obligations that are guaranteed as to principal and interest by a federal agency of the United States. (c) Bonds of the State of California, or those for which the faith and credit of the State of California are pledged for the payment of principal and interest. (d) Bonds or warrants, including, but not limited to, revenue warrants, of any county, city, metropolitan water district, California water district, California water storage district, irrigation district in the State of California, municipal utility district, or school district of the State of California, which are rated by Moody's or Standard and Poor as A or better. (e) Bonds, consolidated bonds, collateral trust debentures, consolidated debentures, or other obligations issued by federal land banks or federal intermediate credit banks established under the Federal Farm Loan Act, as amended; debentures and consolidated debentures issued by the Central Bank for Cooperatives and banks for cooperatives established under the Farm Credit Act of 1933, as amended; bonds, or debentures of the Federal Home Loan Bank Board established under the Federal Home Loan Bank Act; and stock, bonds, debentures and other obligations of the Federal National Mortgage Association Environmental Drilling —Ukiah Corp Yard 17 Spec. No. 10-05 established under the National Housing Act as amended and bonds of any Federal Home Loan Mortgage Corporation. (f) Commercial paper of "prime" quality as defined by a nationally recognized organization which rates such securities. Eligible paper is further limited to issuing corporations: (1) organized and operating within the United States; (2) having total assets in excess of five hundred million dollars ($500,000,000); and (3) approved by the Pooled Money Investment Board of the State of California. Purchases of eligible commercial paper may not exceed 180 days' maturity, nor represent more than 10 percent of the outstanding paper of an issuing corporation. (g) Bills of exchange or time drafts on and accepted by a commercial bank, otherwise known as bankers acceptances, which are eligible for purchase by the Federal Reserve System. (h) Certificates of deposits issued by a nationally or state -chartered bank or savings and loan association. (i) The portion of bank loans and obligations guaranteed by the United States Small Business Administration or the United States Farmers Home Administration. (j) Student loan notes insured under the Guaranteed Student Loan Program established pursuant to the Higher Education Act of 1965, as amended (20 U.S.C. 1001, et seq.) and eligible for resale to the Student Loan Marketing Association established pursuant to Section 133 of the Education Amendments of 1972, as amended (20 U.S.C. 1087-2). (k) Obligations issued, assumed or guaranteed by International Bank for Reconstruction and Development, the Inter -American Development Bank, the Asian Development Bank, or the Government Development Bank of Puerto Rico. (1) Bonds, debentures and notes issued by corporations organized and operating within the United States. Such securities eligible for substitution shall be within the top three ratings of a nationally recognized rating service. 2. The securities shall be deposited with City or with any commercial bank as escrow agent, who shall arrange for transfer of such securities to the Contractor upon satisfactory completion of the contract. Any interest accrued or paid on such securities shall belong to the Contractor and shall be paid upon satisfactory completion of the contract. The market value of the securities deposited shall at all times be maintained in an amount at least equal, in the sole judgment of City, to the moneys to be withheld pursuant to the Contract Documents to ensure performance of the Contract. In order to comply with this condition, Contractor shall deposit additional securities as necessary upon request by City or the escrow agent. 3. Upon acceptance of any Proposal that includes substituting securities for amounts withheld to ensure performance, a separate escrow agreement satisfactory in form and substance to City shall be prepared and executed by City, the Contractor and the escrow agent, which may be City. The escrow agreement shall specify, among other matters, value of securities to be deposited; procedures for valuing the securities and for adding or withdrawing securities to maintain the market value of the deposited securities at least equal to the amount of moneys which would otherwise be withheld; the terms and conditions of conversion to cash in case of the default by the Contractor; and terms, conditions and procedure for termination of the escrow. City shall have no obligation to enter any such Agreement that does not provide the City with the unilateral right to convert securities to cash and to gain immediate possession of the cash. 10-04. Acceptance. The work must be accepted by vote of the City Council of the City of Ukiah when the whole shall have been completed satisfactorily. The Contractor shall notify the Engineer, in writing, of the completion of the work, whereupon the Engineer shall promptly, by personal inspection, satisfy himself as to the actual completion of the work in accordance with the terms of the contract and shall thereupon recommend acceptance by the City Council. . 10-05. Final Estimate and Payment. The Engineer shall, as soon as practicable after the final acceptance of the work done under this contract, make a final estimate of the amount of work done thereunder and the value thereof. Environmental Drilling —Ukiah Corp Yard 18 Spec. No. 10-05 Such final estimate shall be signed by the Engineer, and after approval, the City shall pay or cause to be paid to the Contractor, in the manner provided by law, the entire sum so found to be due hereunder, after deducting therefrom all previous payments and such other lawful amounts as the terms of this contract prescribe. In no case will final payment be made in less than thirty-five (35) days after the filing of the notice of completion with the County Recorder. 10-06. Delay Payments. Should any payment due the Contractor or any estimate be delayed, through fault of the City beyond the time stipulated, such delay shall not constitute a breach of contract or be the basis for a claim for damages, but the City shall pay the Contractor interest on the amount of the payment at the rate of 6 percent per annum for the period of such delay. The terms for which interest will be paid shall be reckoned, in the case of any monthly or progress payment, from the twentieth day of the month next succeeding the month in which the work was performed to the date of payment of the estimate; and in the case of the final estimate, from the forty-fifth day after acceptance to the date of payment of the final estimate. The date of payment of any estimate shall be considered the day on which the payment is offered or mailed as evidenced by the records of the Treasurer of the City. If interest shall become due on any delayed payment, the amount thereof, as determined by the City, shall be added to a succeeding payment. If the interest shall become due on the final payment, it shall be paid on a supplementary voucher to interest or any sum or sums which, by the terms of this contract, the City is authorized to reserve or retain. 10-07. Extra Work and Work Omitted. Whenever corrections, alterations, or modifications of the work under this contract ordered by the Engineer and approved by the City increase the amount of work to be done, such added work shall be known as "extra work'; and when such corrections, alterations, or modifications decrease the amount of work to be done, such subtracted work shall be known as "work omitted". When the Contractor considers that any changes ordered involve extra work, he or she shall immediately notifythe Engineer in writing and subsequently keep him or her informed as to when and where extra work is to be performed and shall make claim for compensation therefor each month not later than the first day of the month following that in which the work claimed to be extra work was performed and he or she shall submit a daily complete statement of materials and labor used and expenses incurred on account of extra work performed, showing allocation of all materials, labor and expenses. All such claims shall state the date of the Engineer's written order and the date of approval by the City authorizing the work on account of which claim is made. Unless such notification is made in writing within the time specified and unless complete statements of materials used and expenses incurred on account of such extra work are furnished as above required, the Contractor shall not be entitled to payment on account of extra work and Contractor shall be deemed to have waived the right to make any future claims for compensation for such extra work. When changes decrease the amount of work to be done, they shall not constitute a claim for damages on account of anticipated profits on the work that may be omitted. 10-08. Compensation for Extra Work or Work Omitted. Whenever corrections, additions, or modifications in the work under this contract change the amount of work to be done or the amount of compensation due the Contractor, excepting increases or decreases in contract items having unit contract prices for each measurable quantity installed in place, and such changes have been ordered in writing by the Engineer and approved by the City prior to the Contractor performing the extra work, then a price may be agreed upon. Failing such an agreement in price, the Contractor shall be compensated for performing extra work pursuant to the provisions of Section 4- 1.03 D,"Extra Work", and Section 9-1.03,"Force Account Payment" of the Standard Specifications. This method of determining the price of work shall not apply to the performance of any work which is required or reasonably implied to be performed or furnished under this contract. 10-09. Compensation to the City for Extension of Time. In case the work called for under this contract is not completed within the time limit stipulated herein, the City shall have the right as provided hereinabove, to extend the time of completion thereof. If the time limit be so extended, the City shall have the right to charge to the Contractor and to deduct from the final payment for the work the actual cost to the City of engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the contract and which accrue Environmental Drilling —Ukiah Corp Yard 19 Spec. No. 10-05 during the period of such extension, except that the cost of final unavoidable delays shall not be included in such charges. 10-10. Liquidated Damages for Delay. It is agreed by the parties to the contract that time is of the essence and that, in case all the work is not completed before or upon the expiration of the time limit as set forth, damage, other than those cost items identified in section 10-09, will be sustained by the City and that it is and will be impracticable to determine the actual amount of damage by reason of such delay; and it is therefore agreed that the Contractor will pay to the City the sum of five hundred dollars ($500.00) per day for each and every calendar day's delay beyond the time prescribed. SECTION 11. MISCELLANEOUS 11-01. Notice. Whenever any provision of the contract documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. If mailed, the notice shall be deemed received on the date of delivery stated in the return receipt. 11-02. Computation of Time. When any period of time is referred to in the Contract Documents by days, it shall be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation. 11-03. Litigation and Forum Selection. Contractor and City stipulate and agree that any litigation relating to the enforcement or interpretation of this contract, arising out of Contractor's performance or relating in any way to the work shall be brought in Mendocino County and that venue will lie in Mendocino County. The parties waive any objections they might otherwise have to the propriety of jurisdiction or venue in the state courts in Mendocino County and agree that California law shall govern any such litigation. The duties and obligations imposed bythese General Conditions and the rights and remedies available hereunder to the parties hereto and, in particular but without limitation, the warranties, guaranties and obligations imposed upon the Contractor and all of the rights and remedies available to the City thereunder, shall be in addition to and shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by law or contract, by special warranty or guaranty, or by other provisions of the contract documents and the provisions of this paragraph shall be as effective as if repeated specifically in the contract documents in connection with each particular duty, obligation, right and remedy to which they apply. All warranties and guaranties made in the contract document shall survive final payment and termination or completion of this contract. 11-04. Waiver. The Contractor shall strictly comply with all notices and other contract requirements. Waiver by the City of any failure of the Contractor to comply with any term of the contract, including the notice provisions, shall not be deemed a waiver of a subsequent breach. Environmental Drilling —Ukiah Corp Yard 20 Spec. No. 10-05 TECHNICAL SPECIFICATIONS SECTION 12. GENERAL INFORMATION 12-01. Location and Scope of Work. All of the work to be performed is within the City of Ukiah and consists of the installation of monitoring wells, remediation wells and injection wells. General locations of the work are shown in the attached Appendix "A". A map will be provided to the successful bidder showing the exact locations of the work to be done. All work will be done under the direction of the City of Ukiah Public Works Department. The Contractor should familiarize himself with the local conditions of the project sites. Failure to do so will in no way relieve him of the responsibility for performing any of the work or operations required as a part of this contract. Further information regarding the work or these specifications can be obtained from Alan Hasty at (707) 463-6282. 12-02. Arrangement of Technical Specifications. The Technical Specifications are arranged in sections covering the various phases of work as follows: Section No. Title 12 General Information 13 Construction Details 14 Exclusions from General Conditions 15 Amendments to General Conditions 12-03. Arrangement of Plans. General locations and quantities of the work are shown in Appendix "A". A map will be provided to the successful bidder showing the exact locations of the work to be done. 12-04. Business Licenses. The Contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License prior to the start of any portion of the work. 12-05. Permits. The Contractor shall provide, procure, and pay for all permits required to complete this work. 12-06. Standard Specifications and Standard Plans. The Standard Specifications and Standard Plans of the California State Department of Transportation, May, 2006, are hereby made a part of these Special Provisions and are hereinafter referred to as "California Standard Specifications" and "California Standard Plans." Whenever in the California Standard Specifications and the California Standard Plans the following terms are used, they shall be understood to mean and refer to the following: Department of Transportation - The City Council. Director of Public Works - The City of Ukiah Director of Public Works. Engineer - The Engineer, designated by the City Council, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. Laboratory - The designated laboratory authorized by the City of Ukiah to test materials and work involved in the contract. State - The City of Ukiah Other terms appearing in the California Standard Specifications and the California Standard Plans shall have the intent and meaning specified in Section I, Definition of Terms of the California Standard Specifications. In case of discrepancy between the contract documents, the order of precedence from the highest to lowest is as follows: Environmental Drilling —Ukiah Corp Yard 21 Spec. No. 10-05 1. (City) Special Provisions 2. (City) Project Plans 3. City Standard Plans and Details 4. California Standard Plans 5. California Standard Specifications 12-07. Temporary Facilities. All temporary facilities are the responsibility of the Contractor. The removal of said facilities shall be the responsibility of the Contractor. The Contractor shall be responsible for any and all damages to existing facilities which are a result of the work. 12-08. Public Convenience and Safety. The Contractor shall conduct operations so as to cause the least possible obstruction and inconvenience to public traffic. The Contractor shall, at his or her expense, furnish such flag persons and furnish, erect, construct and maintain such fences, barriers, lights, signs, detours, pedestrian walkways, driveway ramps and bridging as may be necessary to give adequate warning to the public that work is in progress and that dangerous conditions exist, to provide access to abutting properties and to, permit the flow of pedestrian and vehicular traffic to safely and expeditiously pass the work. 12-09. Maintaining Traffic. Attention is directed to Section 7-1.08, "Public Convenience," 7-1.09, "Public Safety," 7-1.092, "Lane Closure," and 7-1.095, "Flagging Costs," of the California Standard Specifications. Streets shall be open to through vehicular traffic during non -working hours. All public traffic shall be permitted to pass through the work with as little inconvenience and delay as possible. Full costs for "Maintaining Traffic", including "Flagging Costs", shall be considered as included in the various items of work and no additional compensation will be made. 12.10. Stream Pollution. The Contractor shall exercise every reasonable precaution to prevent muddying or silting of live streams, and the Contractor's attention is called to the fact that the terms of this contract do not relieve him or her of responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code or other applicable statutes relating to pollution prevention or abatement. 12-11. Warranties. Unless otherwise indicated, the Contractor shall warrant all materials provided and work performed under this contract for a period of one year from the date of final acceptance. He shall replace promptly and at his own expense any materials and/or workmanship which fail during this warranty period. 12-12. Utilities. No sewer or electrical services will be provided by the owner. Water will be available at the City of Ukiah Corporation Yard location. It is the Contractor's sole responsibility to arrange such services as necessary. 12-13. Preconstruction Conference. A preconstruction conference will be held before any work will be allowed to commence. This meeting will cover inspection, schedule for work, and among other items, the responsibilities and procedures of each of the interested parties to assure that the project will be completed in accordance with the contract documents. 12-14. Safety Requirements. The Contractor shall complywith all pertinent provisions of the Department of Labor "Safety and Health Regulations for Construction (29 FCS Part 1518, 36 CFR 7340)", with additions or modifications thereto, in effect during construction of this project. Environmental Drilling —Ukiah Corp Yard 22 Spec. No. 10-05 I SECTION 13 - CONSTRUCTION DETAILS 13.01. SCOPE. This document specifies construction of (4) 2 -inch monitoring wells, (8) 4 -inch vapor extraction wells, and (12) 1.5 -inch injection wells, as shown on the drawing (Appendix A) and in accordance with these Specifications. The work to be performed under this contract includes the furnishing of all labor, material, transportation, tools, supplies, plant equipment, and appurtenances necessary for the complete and satisfactory construction of environmental monitoring, extraction, and injection wells, as herein specified. Through the completion of the wells, the Contractor must restrict his operations for the well construction to the daylight hours. The Contractor will not be entitled to any additional compensation for the overtime work necessary to comply with these requirements. The City of Ukiah (City) authorized representative EBA Engineering (hereinafter called the "Engineer") shall oversee the work. The Engineer shall confirm final depth, screen locations, slot size, and sand size to be used in the well based upon interpretation of the conditions encountered. 13.02. PERSONNEL AND EQUIPMENT. The wells shall be drilled using hollow -stem auger (HSA) drilling methods, as further defined in these technical provisions. Drilling equipment shall be of good condition and be of sufficient equipment capacityto perform the work required bythese Specifications. All drilling equipment, including mast and draw works, air compressors, drilling fluid pumps, drill pipe, etc. must be of the size, capacity, and condition to drill and set casing to required depths. Contractor shall furnish documentation regarding capacity of various components of the drilling equipment. Drill rigs shall have the ability to lift and land anticipated casing. Delays during the drilling operation caused by the inadequacy of the drilling equipment shall be the responsibility of the Contractor and replacement of such inadequate equipment will be required by the City. All equipment to be used for the performance of this Contract shall comply with all State and local safety regulations and shall be subject to the inspection and approval of the Ukiah or its representative. The Contractor shall conform to all of the following minimum requirements: 1. current possession of a valid California C-57 Water Well Contractor's License, 2. 5 -years experience in construction of environmental well drilling, 3. history of work performed to the satisfaction of municipal agencies including any work performed for the City, 4. satisfactory work performance record with the State Department of Consumer Affair's Contractor's Licensing Bureau, and 5. current possession of valid Hazardous Waste Operations and Emergency Response Standard (Hazwoper) certifications in accordance with Occupational Safety and Health Administration (OSHA) 29 CFR. Prior to award of Contract, the Bidder shall, if requested, submit a listing of all environmental drilling work performed for municipal agencies for the past 2 year period including name of agency, agency project manager, agency project manager's telephone number, and name of project. The Contractor shall employ only competent workers for the execution of this work. The Contractor shall designate one person, who shall have full decision- making authority, to be his representative on the jobsite on a daily basis. This person shall serve as Drilling Superintendent and his phone number shall be given to the Consultant for emergency notification, and all such work shall be performed under the direct supervision of an experienced well driller satisfactory to the City. 13.03. PERMITS, CERTIFICATES, LAWS, AND ORDINANCES. The Contractor shall procure, at his own expense, all permits, certificates, and licenses required of him by law for the execution of this work. He shall comply with all Federal, State, and local laws and ordinances or rules and regulations relating to the performance of the work, and shall file all reports as required by the State and local agencies in connection with the well drilling. Copies of all reports shall be sent to the City of Ukiah Department of Public Works. 13.04. SUBMITTALS. The Contractor shall submit information to substantiate compliance with this specification. The following specific information shall be required. 1) Conductor casing, well casing and well screen: materials, dimensions, details, appurtenances and mill certificates (if necessary). 2) Sand pack. (Supply descriptive literature and source), 3) Sealing material, and 4) Complete driller's log report. Environmental Drilling —Ukiah Corp Yard 23 Spec. No. 10-05 13.05. MISCELLANEOUS DEFINITIONS AND ITEMS OF CONSIDERATION. 13.05.AStandard Specifications. Wherever standard specifications are referred to, they shall be the latest revised edition of the Standard Specifications insofar as they apply. Standard Specifications from the following sources are referred to herein: American Society for Testing Materials (ASTM). American Water Works Association (AWWA). California Groundwater Association - Standard Practice Series. 13.05.6 Construction Water. The City will cooperate with the Contractor in furnishing water from the nearest source. 13.05.0 Disposal of Soil Cuttings, Decontamination Water, and Concrete. The Contractor will be responsible for providing a means of containing all soil and decontamination water. It is anticipated that soil will be containerized in soil bins while decontamination water will be stored in drums. It is anticipated that arrangements for the storage of bins and drums will be confirmed at a pre -construction meeting. Disposal of the soil and decontamination water will be the responsibility of the City. Disposal of excess concrete will be the responsibility of the Contractor. 13.05.D Adjustment of Quantities. The City reserves the right to terminate the wells at lesser or greater depths than those estimated. The City also reserves the right to make changes to the design and construction of the well, and in materials utilized. Compensation will be based upon unit prices and lump sum prices provided by the Contractor. There shall be no allowance of any claim for loss of anticipated profit due to change in specified depth. 13.05.E Measurement for Payment. It is the intent of the proposal that the bid for each item, as submitted, shall cover all work required by the specifications and other contract documents. All costs in connection with the work, including all labor, materials, equipment, and taxes, to fully complete the work, shall be included in the unit and lump sum prices named in the proposal. No item of work that is required bythe contract documents for the proper and successful completion of the contract will be paid for in addition to prices submitted in the proposal. All work not specifically set forth in the Proposal as a pay item shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be included in the prices shown in the Technical Provisions. 13.06. GENERAL. Materials shall be furnished by an established, experienced manufacturer or supplier. Materials shall be new and guaranteed to perform required service. Use of rejected, substandard, or previously used materials will not be permitted. 13.07 CASING MATERIALS. 13.07.A Conductor Casing. Conductor (surface) casing, if necessary, shall be a minimum of 8-5/8 inches in diameter, with a minimum wall thickness of 1/8 inch. Casing materials shall be new. 13.07.B Poly Vinyl Chloride (PVC) Blank Well Casing. Well casing for monitoring wells shall be 2 -inch inside diameter (I.D.) flush threaded Schedule 40 PVC. Well casing for vapor extraction wells shall be 4 -inch I.D. flush threaded Schedule 40 PVC. Well casing for injection wells shall be 1.5 -inch I.D. flush threaded Schedule 80 PVC. If field assembled, ends of casing sections used for injection wells shall be glued. Casings stored at the jobsite shall be elevated and not in contact with the ground surface. 13.07.CPVC Screen Well Casing. Well casing for monitoring wells shall be 2 -inch inside diameter (I.D.) flush threaded Schedule 40 PVC of 0.010 slot size. Well casing for vapor extraction wells shall be 4 -inch I.D. flush threaded Schedule 40 PVC of 0.020 slot size. Well casing for injection wells shall be 1.5 -inch I.D. flush threaded Schedule 80 PVC of 0.010 slot size. All wells shall include a bottom cap. If field assembled, ends of casing sections used for injection wells shall be glued. Screens stored at the jobsite shall be elevated and not in contact with the ground surface. 13.08. SEALING MATERIAL. Cement Sealing material shall conform to API Class A cement. Cement seal shall be composed of sand -cement grout slurry. Slurry shall be composed of not more than 2 parts by weight of sand to 1 part cement to 41 /2 to 6 gallons of clean water per sack of cement. Bentonite, at a rate not to exceed 5% of the cement volume may be used to make the mix more fluid and reduce shrinkage. Bentonite Sealing material shall Environmental Drilling —Ukiah Corp Yard 24 Spec. No. 10-05 consists of Wyoming bentonite (sodium montmorrilonite) Holeplug o or approved equal of size not to exceed 3/8 - inch. 13.09. Location. The wells will be drilled at a site to be determined by the City. When finalized, the Contractor shall examine the well site and satisfy himself regarding all local conditions affecting his work, particularly the nearest source of water for drilling operations, and disposal point for soil cutting and decontamination water. It is anticipated that this will be accomplished at a pre-bid meeting. 13.10. SITE DEVELOPMENT. Site development will be restricted to the minimum extent required to develop a work and storage area for materials and supplies. The Contractor shall during the progress of the work protect all structures, utilities, equipment, trees, shrubbery, and other facilities at the site, and shall be responsible for and bear the cost of all damage and repairs to facilities. Maintenance of the drill site, clean-up and site restoration following drilling operations, and completion of the work will be the responsibility of the Contractor. The Contractor shall satisfy the City regarding the security and safety of the drilling site. 13.11. GENERAL WELL CONSTRUCTION. 13.11.ASamples. Soil sampling shall be conducted at regular and consistent intervals during well installation drilling. Soil samples shall be collected using a California modified split -spoon sampler device with a standard 140 - pound hammer with a 30 -inch drop. Blow counts shall be collected at the time of soil sampling. Soil sampling shall be conducted every 5 feet from the 4 -inch vapor extraction wells. Soil sampling will be every 5 feet for the first 40 feet below ground surface (BGS) at which point soil sampling will be continuous until the maximum depth of the boring. Soil sampling of the injection wells will be every 5 feet for the first 20 feet BGS and continuous sampling thereafter. 13.113 Drilling Logs. A log shall be kept by the Engineer to record during the course of actual drilling; the general character, type, and depths of materials penetrated; the aquifer intervals; any pertinent observations on the depths of water -bearing horizons; or other data, that may assist in the interpretation of the subsurface geology that may be useful in the final well design. As part of the log, the Engineer shall accurately determine the depth from which cuttings and soil samples are being taken for analysis. All depth measurements shall be referenced to feet BGS. 13.12. MONITORING WELL CONSTRUCTION. Contractor shall construct 4 monitoring wells, 2 of which will require conductor casing. The general dimensions and characteristics as follows: 13.12.A Drilling Conductor Bore and Installing Conductor Casing. The borehole for the conductor casing shall be drilled by hollow stem auger (HSA) drilling methods. Borehole shall have a minimum diameter of 15 inches, to a depth of approximately 40 feet BGS. Conductor casing shall be securely welded in accordance with American Welding Society standards. All peepholes or alignment holes shall be filled by welding. Cement grout (sealing material) shall be injected between casing and borehole by means of a tremie pipe. Grout shall extend throughout the bore. Cement grout material shall be placed by a positive displacement method using pumping equipment. Grout pipe may be slowly raised as grout is placed, but the discharge end must be submerged in the grout until grouting is completed. Grout pipe shall be maintained full until completion of the grouting. No work shall be performed in the well for a minimum of 24 hours after completion of the grouting. 13.12.6 Drilling. The drilling inside the conductor casing shall be conducted with 8 -inch HSA's to allow cuttings to extrude through the conductor casing. 13.12.0 Monitoring Well Construction Details. Upon reaching the desired depth for each monitoring well, a 2 - inch diameter Schedule 40 PVC blank and slotted (0.010 inch) casing shall be lowered to the base of the borehole through the inside of the HSA's. A filter pack consisting of #2/12 sand shall be slowly poured around the well casing to approximately 1 foot above the upper extent of the screen interval. A minimum 2 -foot section of bentonite shall be added above the filter pack interval. The remaining portion of annular space shall be comprised of a cement/bentonite grout seal to grade. The top of each monitoring well that shall be set in a watertight traffic -rated well box equipped with an internal steel casing and locking cover to provide security. Environmental Drilling —Ukiah Corp Yard 25 Spec. No. 10-05 13.13. VAPOR EXTRACTION WELL CONSTRUCTION. Contractor shall construct 8 vapor extraction wells. The general dimensions and characteristics as follows: 13.13.A Drilling. The drilling shall be conducted with 10 -inch HSA's. 13.13.13 Vapor Extraction Well Construction Details. Upon reaching the desired depth for each vapor extraction well, a 4 -inch diameter Schedule 40 PVC blank and slotted (0.020 inch) casing shall be lowered to the base of the borehole through the inside of the HSA's. A filter pack consisting of #2/12 sand shall be slowly poured around the well casing to approximately 1 foot above the upper extent of the screen interval. A minimum 2 -foot section of bentonite shall be added above the filter pack interval. The top of each vapor extraction well shall be capped with a 4 -inch well cap or approved equal at 1.5 to 2 feet BGS. The well shall then be buried in sand to approximately 6 - inches BGS. The sand shall be capped with asphalt patch to grade. 13.14. INJECTION WELL CONSTRUCTION. Contractor shall construct 12 injection wells. The general dimensions and characteristics as follows: 13.14.A Drilling. The drilling shall be conducted with 8 -inch HSA's. 13.14.13 Injection Well Construction Details. Upon reaching the desired depth for each injection well, a 1.5 - inch diameter Schedule 80 PVC blank and slotted (0.010 inch) casing shall be lowered to the base of the borehole through the inside of the HSA's. A filter pack consisting of #2/12 sand shall be slowly poured around the well casing to approximately 2 foot above the upper extent of the screen interval. The remainer of the borehole above the filter pack interval shall consist of bentonite. The top of each injection well shall be capped with a 1.5 - inch well cap or approved equal at 1.5 to 2 feet BGS. The well shall then be buried in sand to approximately 6 - inches BGS. The sand shall be capped with asphalt patch to grade. 13.15. ENVIRONMENTAL CONTROL. 13.15.ASpillage During Hauling. Spillage resulting from hauling operations along or across any public traveled way (pedestrian or vehicular) shall be removed immediately at the Contractor's expense. 13.16. CAPPING, ABANDONMENT, AND CLEANUP. 13.16.ACapping Well. Except when drilling is in progress, wells shall be kept covered or capped in such a manner as to prevent either tampering with the well or entrance of foreign matter. Upon completion of all work in connection with construction, the monitoring wells shall be set with an 8 -inch steel Kristy box with locking cap. The vapor extraction wells and injection wells, shall be capped with 2 -feet of sand followed by asphalt patch to match grade. Temporary capping shall be provided whenever the well casing is otherwise exposed prior to completion of the work. Capping shall meet requirements of the State of California, Department of Industrial Safety, and the Occupational Safety and Health Administration (OSHA) of the U.S. Department of Labor, and as directed by the Engineer. 13.16.B Abandonment of Hole. If the Contractor abandons a hole because of loss of tools or other causes which are the Contractor's responsibility and that prevent completion of a well as specified, the hole shall be completely filled with clay or clay and concrete and the casing removed to a depth of at least 8 feet BGS. Abandoned wells shall be treated in accordance with State Water Well Standards (Bulletin 74-90) and local ordinances. Sealing of hole shall comply with all regulations or requirements of agencies with jurisdiction in this matter. 13.16.CCleanup. Following completion of work, Contractor shall remove from jobsite all excess materials, tools, and equipment, and shall legally dispose of all debris resulting from the work. 13.17. MEASUREMENT. Full compensation for all materials, labor, equipment, general conditions, and incidentals necessary to construct the environmental wells in complete conformance with the contract documents shall be included in the bid items listed in the bid proposal. No additional compensation will be allowed. Environmental Drilling —Ukiah Corp Yard 26 Spec. No. 10-05 13.18. PAYMENT. Where estimated quantities of specific items of the work are listed in the bid proposal, the City will measure the actual quantity of such items furnished and installed, and will pay an amount equal to the measured quantity multiplied by the unit price bid. Items bid as a lump sum will not be measured. Payment for items bid on a lump sum basis will be in proportion to the completion of that item and its incorporation into the work, not to exceed the total lump sum bid for that item. Environmental Drilling —Ukiah Corp Yard 27 Spec. No. 10-05 SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS 14-01. Provisions to be Excluded from General Conditions. The following designated provisions of the General Conditions are hereby determined to be inapplicable to the proposed work and, therefore, are hereby excluded from the terms of the Notice to Bidders, Proposal, Agreement and other contract documents as though entirely omitted from said General Conditions: (1) Section 6-02. Office at the Site (2) Section 7-03. Surveys No other exclusions. SECTION 15. AMENDMENTS TO GENERAL CONDITIONS 15-01. Sections of General Conditions to be Amended. The following designated sections of the Special Provisions are hereby amended to read as follows: No amendments. Environmental Drilling —Ukiah Corp Yard 28 Spec. No. 10-05 I I J .t CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA PROPOSAL 1 FOR r ENVIRONMENTAL DRILLING - UKIAH CORPORATION YARD SpecificationNo:10-05 The undersigned, as bidder, declares that he or she has examined thoroughly all of the contract documents herein contained, that this proposal is made without collusion with any other person, firm or corporation and that all laws and ordinances relating to the interest of public officers in this contract have been complied with in every respect. AND he or she proposes and agrees, if this proposal is accepted, 1) that he or she will contract with the City of Ukiah, Mendocino County, California, in the form of the copy of the agreement herein contained a) to provide all necessary machinery, tools, apparatus and other means of construction; b) to furnish all materials; c) to provide all superintendence, overhead expenses and all labor and expenses of whatever nature necessary to complete the job in conformity with the specifications and drawings and other contract provisions herein or reasonably implied hereby or as necessaryto complete the work in the manner and within the time named herein and according to the requirements and to the reasonable satisfaction of the City Engineer; d) to pay all charges of freight transportation and hauling; 2) that he or she indemnifies the City against any loss or damage arising from any act of the undersigned as Contractor; and 3) that he or she will accept as full payment therefor the following sums: Environmental Drilling —Ukiah Corp Yard 29 Spec. No. 10.05 BIDDING SCHEDULE In case of discrepancy between words and figures, the words shall prevail. In any discrepancy between unit prices and extended amounts for a bid item using unit prices (specified unit price multiplied by specified quantity for bid item does not equal the extended amount for the item), the specified unit price will control and will be used by the City to compare bids in selecting the lowest bid and in awarding the contract. If the specified total bid amount does not equal the total of the extended amounts for all bid Items, the City will use the total of the extended amounts for each bid Item (adjusted, If necessary, so that the extended amount equals the specified unit price multiplied by the specified quantity for that bid item) to compare bids in selecting the lowest bid. Bid Estimated Description and Unit Price Bid Extended TotalRem Quantity in words and figures) Amount �, Site Preparation, Mobilization and Demobilization for the price per lump sum 1 Agency Fees, Including Permits and Inspection for the price per lump sum 2. f $ ae� Hollow Stem Auger Drilling of 15` Conductor Borehole for the price paid per foot 3. BO n. $ r a � " Furnish and Install 8 5/8' Steel Conductor Casing for the price paid per foot � 4. ft 80 . $�• Grout Conductor Casing Seals for the price paid per foot 5. 80 ft. Hollow Stem Auger of 10' borehole for the price paid per foot s. 200ft. aAS $ Environmental Drilling —Ukiah Corp Yard 30 Spec. No. 10-05 �, 16. 48 ft. Furnish and Install Sand (1.5 -Inch Wells) for the price paid per foot a$ ($ 17. 14 Furnish and Install Bentonite Seal (2 -Inch Wells) for the price paid per foot V e7 -Do L "s $ C7, Gd 18. 24 ft. Furnish and Install Bentonite Seal (4 -Inch Wells) for the price paid per foot $_. ($ 1 19. 288 ft. Furnish and Install Bentonite Seal (1.5 -Inch Wells) for the price paid per foot LG A aS pp $ ($_J.- . } Fumish and Install Cement Seal (2 -Inch wells only) for the price paid per foot 21. 1 Furnish and Install Well Boxes on Monitoring Wells and Secure Wellheads with Lock (2 Inch wells, only) for the price paid per lump sum V !AND P/ jam'" "11 k 1; $__ 1� ($ 9.50. 22. Site Clean-up for the price paid per lump sum TOTAL BID AMOUNT =_+ Total bid amount In words: AED $ �' 4 2� 0 C2 i We, the undersigned, acknowledge that the City Council has reserved the right to reject any or all bids or to select the base bid plus any additive bid item or combination of additive bid items and to determine which proposal is, in its opinion, the lowest responsible bid of a responsible bidder and that which it deems in the best interest of the City to accept. We, the undersigned, further agree, if this proposal shall be accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar days after written notice that the contract is ready for signature; and, if the undersigned shall fail to contract, as aforesaid, ft shall be understood that he or she has abandoned the contract and that, therefore, this proposal shall be null and void and Environmental Drilling—Ukiah Corp Yard 32 Spec. No. 10.05 the proposal guaranty accompanying this proposal, or the amount of said guaranty, shall be forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned. / Witness our hands this day of , 20 I �. Licensed in accordance with an act providing for the registration of California Contractors License No. expiration date 3 Q 1:2eq p THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER PENALTY OF PERJURY. Sign�ure of bidder or bidder with)?0siness address, phone number and fax number: " +L"L 555 GU, co lf� CJ [/P. 29 Notice: In the case of a corporation, give below the addresses of the principal office thereof and names and addresses of the President, Secretary, Treasurer. 119 ds -A' v Environmental Drilling —Ukiah Corp Yard 33 Spec. No. 10-05 FAIR EMPLOYMENT PRACTICES CERTIFICATION TO: I<4 t e r pubtlg5' ( )ev-K aer 5c ---m LA v/ L&tA#1j - `l '� -�`� 6U The undersigned, in submitting a bid for performing the following work by Contract, hereby certifies that he or she has or will meet the standards of affirmative compliance with the Fair Employment Practices requirements of the Special Provisions contained herein. ENVI MENTAL DRILLING - IAH CORPORATION YARD ignature of idder) Business Mailing Addre s: r� L- -, (�. �%� C-ultl6 U� lAe Business Location: y "_WL -1A_'-, '4--om&>3�) C4 X41 . 7 (The bidder shall execute the certification of this page prior to submitting his or her proposal.) Environmental Drilling—Ukiah Corp Yard 34 Spec. No. 10-05 WORKER'S COMPENSATION CERTIFICATE I am aware of the provisions of Section 3700 of the Labor Code which require everyemployer to be insured against liability for Worker's Compensation or undertake self-insurance in accordance with the provisions of that code and I will comply with such provisions before commencing the performance of the work of this contract. Witness my hand this, day of (I , 20kf4 /D Environmental Drilling —Ukiah Corp Yard 35 Spec. No. 10-05 CERTIFICATION OF NONDISCRIMINATION IN EMPLOYMENT The bidder represents that he or she has/has not, participated in a previous contract or subcontract subject to either the equal opportunityclause herein or the clause contained in Section 301 of Executive Order 10925; that he or she has/has not, filed all required compliance reports; and that representations indicating submission of required compliance prior to subcontract awards. 01 Signat le and address of Bid e Date 7,0ZO to (This certification shall be executed by the bidder in accordance with Section 60-1.6 of the Regulations of the President's Committee on Equal Employment Opportunityfor implementing Executive Orders 10925 and 11114.) Environmental Drilling —Ukiah Corp Yard 36 Spec. No. 10-05 LIST OF PROPOSED SUBCONTRACTORS In compliance with the provisions of Sections 4100-4108 of the State Government Code and any amendments thereof, each bidder shall set forth (a) the name and location of the place of business of each subcontractor who will perform work or labor or render service to the Contractor in or about the construction site in an amount in excess of one-half of 1 percent of the total bid and (b) the portion of the work to be done by each subcontractor. ISO T I Environmental Drilling —Ukiah Corp Yard 37 Spec. No. 10-05 STATEMENT OF EXPERIENCE OF BIDDER The bidder is required to state below what work of similar magnitude or character he or she has done and to give references that will enable the City Council to judge of his or her experience, skill and business standing and his or her ability to conduct work as completely and rapidly as required under the terms of the contract. COMPANY ;LOCATION DATE SCOPE OF WORK Upper Lake Sept.2008 Edd Clark & Ass. EBA Engineering Santa Rosa March, 2008 19 Injection Wells & 5 Monitor Wells IERI Santa Rosa April, 2010 10 4" VE Wells & 4 — 2" Monitor Wells Env. Geology Serv. Petaluma Dec, 2009 10- 4" Wells EBA Engineering Fresno Oct. 2009 4 — LFG Wells Env. Risk Services Oakland Oct. 2009 Apex Envirotech Upper Lake Sept.2008 Edd Clark & Ass. Santa Rosa Aug. 2008 Edd Clark & Ass. Sebastopol Sept. 2009 Env. Geology Serv. Petaluma Nov. 2009 EBA Engineering Arctos Engineering Winzler & Kelly Black Point Env, Santa Rosa March 2008 Ukiah Aug, 2009 Ukiah July 2009 Ukiah July 2008 12 - 4" Remediation Wells —vertical and angle 4 Monitor Wells 10 Injection Wells 24" Extraction Wells 10 Injection Wells 19 Injection Wells, 1- 2" Well, 134" Wells 3 — 4" Wells 3 — 4" Monitor Wells 2 — 2" Monitor Wells Laco Associates Miranda Sept.2009 2 Injection Wells and (2) 4" Extraction Wells Gallardo & Associates Sacramento March 2010 (2) 4" Monitor Wells and (1) 2" Monitor Wel. We began drilling in the Environmental field in 1989 and since then have installed thousands of wells. Environmental Drilling —Ukiah Corp Yard 38 Spec. No. 10-05 SIGNATURES) OF BIDDER Accompanying this proposal is �� I l) 0 l S O d l✓ P (insert the words "cash ($)", "cashier's check" or "bidder's bond", as the case may be) in an amount equal to at least 10 percent of the bid. The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE: If bidder or other interested person is.a corporation, provide the legal name of corporation and also the names of the president, secretary, treasurer and manager thereof. If a co -partnership, provide the true name of firm and also the names of all individual co-partners composing the firm. If bidder or other interested person is an individual, provide the first and last names in full. Licensed in accordance with an act providing for the registration of Contractors: License No. epi .1lbense Expiration Date 0/0 Signature(s) of Bidder: G' "L-�--- a NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co -partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts in behalf of the co -partnership; and if bidder is an individual, his or her signature shall be placed above. If a member of a partnership, a Power of Attorneymust be on file with the Department prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized. Business address: Place of residence: Dated: Environmental Drilling --Ukiah Corp Yard -!VZ-rj/-Z-05 to 39 41. Spec. No. 10.05 CITY OF UKIAH Mendocino County, California BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, CLEAR HEART DRILLING, INC. 555 W. COLLEGE AVE. STE. B, SANTA ROSA CA 95401 as PRINCIPAL and DEVELOPERS SURETY AND INDEMNITY COMPANY 2999 OAK ROAD STE. 420 WALNUT CREEK CA 94597 ,as SURETY, are held and firmly bound unto the City of Ukiah in the penal sum of 10 PERCENT OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Ukiah, as the case maybe, for the work described below, for the payment of which sum in lawful money of the United States,_ well and truly to be made, to the City Clerk to which said bid was submitted, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $ --10%----: ----- THE -100--------- THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the Principal has submitted the above mentioned bid to the City of Ukiah, as aforesaid, for certain construction specifically described as follows, for which bids are to be opened at the Office of .the City Clerk, Ukiah Civic Center, Ukiah, California, on April 22; 2010 for ENVIRONMENTAL DRILLING - UKIAH CORPORATION YARD. NOW, THEREFORE, If the aforesaid Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him or her for signatures, enters into a written contract, in the prescribed. form, in accordance with the bid and files two bonds with the City of Ukiah, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 20TH dayof A.D. 20-1,0_. CLEAR!HEART DRILLI , INC. (Seal) BY :., (Seal) GARY SODEN (Seal) Principal DEVELOPERS SURETY AND INDEMNITY COMPANY (Seal) BY: l./1L EL CHERYL GRIGGS, ATTORNEY-IN-FACT (Seal) Surety Address: 2999 OAK ROAD STE. 420 WALNUT CREEK CA 94597 Environmental Drilling -Ukiah Corp Yard 40 APRIL Spec. No. 10.05 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of SONOMA } Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s):— El Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s)_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: On 4/20/10 before me, MARY DAVERIN, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared CHERYL GRIGGS Name(s) of Signer(s) f j who proved to me on the basis of satisfactory evidence to J be the person(z) whose name(8) is/qrt subscribed to the within instrument and acknowledged to me thatp6/she/tlr6y executed the same in (xfs/her/tWr authorized capacity(ie�, MARY DAVERIN and that by Io/her/tKir signature(z) on the instrument the Commission # 1677633 personal, or the entity upon behalf of which the persono) •ri Notary Public - California acted, executed the instrument. Sonoma County My Comm. Expires Jan 22, 2014 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my handd officialseal. ` Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s):— El Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s)_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Paul Ramatici, Cheryl Griggs, jointly or severally*** as their true and lawful Attorneys) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1 st, 2008. State of California County of Orange On August 13th 2008 before me, Jenny TT Nguyen Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen T. Pate and Charles L. Day Name(s) of Signer(s) x Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Je TT Ng n CERTIFICATE 6 The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 2OTHay of APRIL , 2010 By: Albert Hillebrand, Assistantecretary ID-1380(Wet)(Rev.07107) { AND By: Stephen T. Pate, Senior Vice President ftio,, ,"'` Q •" p0PR' r OCT: i a 10 iry By: 1936 :1 Charles L. Day, Assistant Secretary = , ; State of California County of Orange On August 13th 2008 before me, Jenny TT Nguyen Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen T. Pate and Charles L. Day Name(s) of Signer(s) x Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Je TT Ng n CERTIFICATE 6 The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 2OTHay of APRIL , 2010 By: Albert Hillebrand, Assistantecretary ID-1380(Wet)(Rev.07107) NON=CQLLUSION AFFIDAVIT Note: Bidder shall execute the affidavit on this page prior to submitting his or her bid. To City Council, City of Ukiah: The undersigned in submitting a bid for performing ENVIRONMENTAL DRILLING — UKIAH CORPORATION YARD by contract, being duly sworn, deposes and says: that he or she has not, either directly or indirecl r, entered into any agreement, participated in any collusion, or otherwise takgOny action in restraint of f e competitive bidding in connection with such contract. Signature(s) of Bidder Business Address: `� �• `7 ((mac Due F � NW- &4_ Place of Residence:CC�UZI— NOTARIZATION Subscribed and sworn to before me this day of , 20 Notary Public in and for the County of , State of California. My Commission Expires , 20 Notary Certificate Attached Environmental Drilling --Ukiah Corp Yard 41 Spec. No. 10-05 State of California County of Sonoma Subscribed and sworn to (or affirmed) before me this _a 4 _ _ day of _� ; CITY OF UKIAH Mendocino County, California AGREEMENT FOR ENVIRONMENTAL DRILLING - UKIAH CORPORATION YARD Specification No. 10-05 THIS AGREEMENT, made this day of , 20 � by and between the City of Ukiah, ,06 VQ C— Mendocino County, California, hereinafter called the City and 0. L is A-�' O 1=A —T� i hereinacalled the Contractor, WITNESSETH: WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other contract documents for the work herein described and shown and has approved and adopted these contract documents, specifications and drawings and has caused to be published in the manner and forthe time required by law a notice to bidders inviting sealed proposals for doing the work in accordance with the terms of this contract and WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal accompanied by a proposal guaranty in an amount of not less than 10 percent of the bid price for the construction of the proposed work in accordance with the terms of this contract and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the proposals submitted and as a result has determined and declared the Contractor to be the lowest and best regular responsible bidder.for the work and for the sums named in the proposal, NOW, THEREFORE, THIS AGREEMENT WITNESSETH: Article 1. Work to be Done and Contract Days Allowed. That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction; shall furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature necessary for completion of the work in conformity with the Special Provisions and other contract documents hereto attached and according to such instructions as may be given by the Engineer. The Contractor shall complete the work within sixty (60) calendar days. Contract days shall be counted starting with the 10th day following receipt of notice that the contract has been executed by the City. Contractor, at his or her option, may begin work prior to start of counting contract days, however, in no event shall the Contractor start work without giving notification to the Engineer at least 72 hours prior to the start of work, without obtaining an encroachment permit from the City, or without having submitted certificates of insurance that have been accepted and approved by the Engineer Environmental Drilling —Ukiah Corp Yard 42 Spec. No. 10-05 Article II. Contract Prices. That the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor, for complete performance of the contract by the Contractor. The Contractor hereby agrees to accept the prices as full compensation for all material and appliances necessary to the work, for all labor and use of tools and other implements necessaryto execute the work contemplated in this contract; for all loss or damage arising out of the nature of the work or from the action of the elements, or from any unforeseen obstructions or difficulties which may be encountered in the prosecution of the work; for all risks of every description connected therewith; for all expenses of the work, as herein specified; for all liability and other insurance, for all overhead and other expenses incident to the work; all according to the Contract Drawings, the Special Provisions, the Details, the instructions and the requirements of the City. Article III. Labor Discrimination. Attention is directed to Section 1785 of the Labor Code, which reads as follows: "No discrimination shall be made in the employment of persons upon public works because of the race, color, national origin or ancestry, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter." In connection with the performance of work under this contract, the Contractor agrees as follows: (a) The Contractor will not willfully discriminate against any employee or an applicant for employment because of race, color, religion, ancestry, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provisions of this Fair Employment Practice section. (b) The Contractor will send to each labor union or representative of workers with which he or she has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the awarding authority, advising the said labor union or worker's representative of the Contractor's commitments under this section, to employees and applicants for employment. (c) The Contractor will permit access to his or her records of employment, employment advertisements, application forms and other pertinent data and records by the Fair Employment Practices Commission, City of Ukiah or any other appropriate agency of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this contract. (d) A finding of willful violation of the Fair Employment Practices section of this Contract or of the Fair Employment Practices Act shall be regarded by the awarding authority as a basis for determining the Contractor to be not a "responsible bidder" as to future contracts for which such Contractor may submit bids, for revoking the Contractor's pre -qualification rating, if any and for refusing to establish, reestablish or renew a pre -qualification rating for the Contractor. The City of Ukiah shall deem a finding of willful receipt of written notice from the Fair Employment Practices Act to have occurred upon that it has investigated and determined that the Contractor has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429. Environmental Drilling —Ukiah Corp Yana 43 Spec. No. 10-05 Upon receipt of such written notice from the Fair Employment Practices Commission, the City shall notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority within a stated period that the violation has been corrected, his or her pre -qualification rating will be revoked at the expiration of such period. (e) The Contractor agrees that should the City determine that the Contractor has not complied with the Fair Employment Practices section of this Contract, then pursuant to Labor Code Section 1735 and 1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or portion thereof, for each person who was denied employment as a result of such non-compliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the Contractor. The City may deduct any such damages from any monies due the Contractor. (f) Nothing contained in this Fair Employment Practices section shall be construed in any manner of fashion so as to prevent the City or the State of California from pursuing any other remedies that may be available at law. (g) Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or she has or will meet the following standards for affirmative compliance, which shall be evaluated in each case by the awarding authority: (1) The Contractor shall provide evidence, as required by the City that he or she has notified all supervisors, foremen and other personnel officers in writing of the content of the anti -discrimination clause and their responsibilities under it. (2) The Contractor shall provide evidence, as required by the City, that he or she has notified all sources of employees' referrals (including unions, employment .agencies, advertisements, Department of Employment) of the content of the anti -discrimination clause. (3) The Contractor shall file a basic compliance report, as required by the City. Willfully false statements made in such reports shall be punishable as provided bylaw. The compliance report shall also spell out the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire. (4) Personally, or through his or her representatives, the Contractor shall, through negotiations with the unions with whom he or she has agreements, attempt to develop an agreement which will: a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training. b. Otherwise implement an affirmative anti -discrimination program in terms of the unions' specific areas of skill and geography to the end that qualified minority workers will be available and given and equal opportunity for employment. (5) The Contractor shall notify the City of opposition to the anti -discrimination clause by individuals, firms or organizations during the period of its pre -qualification. (h) The Contractor will include the provisions of the foregoing paragraphs'l through 5 in every first tier subcontract so that such provisions will be binding upon each such subcontractor. (i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of submitting the bid. Environmental Drilling —Ukiah Corp Yana 44 Spec. No. 10-05 Article IV. Parts of the Contract. That the complete contract consists of the following documents, all of which shall be considered a part of this agreement. 1. Notice to Bidders 2. Wage Rates 3. General Conditions 4. Technical Specifications 5. Proposal 6. Fair Employment Practices Certification 7. Agreement 8. Contract Bonds 9. Contract Drawings and Construction Details 10. Standard Drawings 11. Indemnification Agreement IN WITNESS WHEREOF, this contract being executed in duplicate and the parties having caused their names to be signed by authority of their duly authorized office this v,L day of , 20 CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA By: Atte: By: Atte: Title: Z2 l/ /-S-Y/V l The foregoing co=approvedlegality this4 day of A- , 20 t a CITY A , CITY dF U A Environmental Drilling —Ukiah Corp Yard 45 Spec. No. 10-05 M INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and entered in Ukiah, California, on- 20 , by and between the City of Ukiah (Ukiah) and .lL�Z- f-l� �,2l�GiiXVG (Contractor). Contractor is _ performing work on Environmental Drilling- Ukiah Corporation Yard Specification No. 1t)-05 for Ukiah. As a condition of issuing the work order, attached hereto, Ukiah requires assurance that Contractor will protect Ukiah from damage or damage claims which arise from its performance of the work. Accordingly, Contractor agrees as follows: 1. Indemnification. Contrpctor shall indemnify and hold harmless Ukiah and its officers, agents, and employees from and against any claim loss, or damage, including the legal and other costs of defending against any claim of damage or loss which arises out of the Contractor's negligent or wrongful performance under the work order attached hereto, except for claims, losses, or damages resulting from the sole and exclusive negligence or other wrongful conduct of Ukiah or its officers, agents and employees. Environmental Drilling —Ukiah Corp Yard 46 Spec. No. 10-05 EXECUTED IN DUPLICATE BOND NO: 723318P PREMIUM: $1,153.00 CITY OF UKIAH Mendocino County, California FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, CLEAR HEART DRILLING, INC. AS PRINCIPAL, and DEVELOPERS SURETY AND INDEMNI.TY COMPANY AS SURETY, are held firmly bound unto THE CITY OF UKIAH; hereinafter called the "City", in the penal sum of THIRTY EIGHT THOUSAND FOUR HUNDRED TWENTY EIGHT* dollars($38,428.00 ) for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. *AND 00/100 WHEREAS, the Principal has entered into a certain Contract with the City, dated MAY 20 10 a copy of which is hereto attached and made a part hereof **ENVIRONMENTAL DRILLING — UKIAH CORPORATIdN YARD, SPECIFICATION NO. 10-05 NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipmentin the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived. IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals hereto, this 11TH day of MAY 120 10 In the presence of: WITNESS: (SEAL) (Individual Principal) (Business Address) (City/State/Zip Code) Environmental Drilling —Ukiah Corp Yard 47 Spec. No. 10-05 SEW' CLEAR/ �n BY: Y ATTEST: ATTEST: DRILL (SEAL) 555 W. COLLEGE AVE. STE. B (Business Address) SANTA ROSA CA 95401 (CftOtate/Zip Code) (Corporate Pri icfpao Affix Corporate Seal (Business Address) (City/$tate/Zip Cade) DEVELOPERS SURETY AND INDEMNITY COMPANY (Corporate Surety) Affix Corporate 2999 OAK ROAD STE. 420 Seal (Business Address) WALNUT CREEK CA 94597 (City IP Code) BY:�k G�-RIGG ,�The rate Of Premium ori this bond Is $ 30.00 CHERYL ' ATTORNEY-IN-FACT perand. The total amount of premium charges Is $ 1,153.00 attached above Is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be (CERTIFICATE AS TO CORPORATE PRINCIPAL) I AMANDA DE NORMANVILLE S MAN the oerdfythat tarn the CLEAR HEART DRILLING, INC. GARY M. SODENecretary of Oorporatlon named as Principal in the fmgohV bond; that PRESIDENT who signed the said bond on behalf of the Principal, was then signature thereto is of said corporation; that I know his signature, and that his genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by 701 its goveming body. Affix Corporate Seal ErrAmrmOM DdWmg -Utah Corp Yard 4a Spec. NO. 10-05 " CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT () STATE OF CALIFORNIA County of SONOMA } On 5/11/10before me, MARY DAVERIN, NOTARY PUBLIC Date Here Insert Name and Title of the Officer {I r personally appeared CHERYL GRIGGS Name(s) of Signer(s) i l + ;) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(A) is/W.6 subscribed to the within instrument and acknowledged to me thatW/sheA06y executed the same in Vs/her/tfyyefr authorized capacity(ie5), MARY DAVERIN reACommisslon and that by fK/her/tKir signature(g) on the instrument the # 1877833 Notary Public - California personV, or the entity upon behalf of which the persono) acted, executed the instrument. Sonoma County ' MY Comm. Expires Jan 22, 2014 t I certify under PENALTY OF PERJURY under the laws of ' the State of California that the foregoing paragraph is true and correct. r, Witness my ha and official seal. °E Signature Place Notary Seal Above ;/ Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. J J Description of Attached Document Title or Type of Document: Document Date: Number of Pages: lSigner(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s):_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: 1 Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s)_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: EXECUTED IN DUPLICATE BOND NO: 723318P PREMIUM INCLUDED IN PERFORMANCE BOND CIN OF UKIAH Mendocino County, California KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, CLEAR HEART DRILLING, INC. AS PRINCIPAL, and DEVELOPERS SURETY AND INDEMNITY COMPANY AS SURETY, are held firmly bound unto THE -CITY OF UKIAH, hereinafter called the "City' in the penal sum of ,THIRTY EIGHT THOUSAND FOUR HUNDRED TWENTY EIGHT AND 00/100 dollars($ 3_8,428.00 for the payment of which sum,we bind ourselves, our heirs, executors, administrators, and successors, Jointly and severally. *ENVIRONMENTAL DRILLING - UKIAH CORPORATION YARD SPECIFICATION NO. 10-05 WHEREAS, the Principal has entered into a certain Contract with the City, dated MAY , 20 10 , a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that df the Principal shall in all respects fullyperforrm the Contract and all duly authorized modifications thereof, during its original tern and any extensions thereof that may be granted and during any guaranty period f q which the Contract provides, and H the Principal shall fully satisfy all claims, arising .out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur -by reason of such claims, Including its attorneys fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required. for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modhffil bo extension, or forbearance is hereby waived. IN WITNESS WHEREOF, the aforesadd.Principal and Surety have executed this Instrument and affixed their seals hereto, this1�, day of MAY -,20-1_0___L. In the presence of: WITNESS: (Individual Principal) (SEAL) (Business Address) (City/Stata0p Code) EnWronmwW Drilling -Ukiah Corp Yard 49 Spec. No. 10-05 WITNESS: F BY ATTEST: ATTEST: HEAR DRILL G,C. �Princiipal) (S) e / 555 W. COLLEGE AVE. STE. B (Business Address) SANTA ROSA CA 95401 (GtY/ U917ip Code) (Corporate Princtpaq Affix Corporate Seal (Business Address) WStateflip Code) DEVELOPERS SURETY AND (Corporate Surety) INDEMNITAY�COMPANY Corporate Seal 2999 OAK RD STE. 420 (Business Address) WALNUT CREEK CA 94597 (City/StateW Code) t���BY: 9, , The rate of premium on this bond Is $ IR/A00 �iR-LUU,','l"I'UXNE-1N--ACT per thousand. The total amount of premium charges is $ N/A (The above Is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached). (CERTIFICATE AS TO CORPORATE PRINCIPAL) I, AMANDA DE NORMANVILLE Cer<lf #W l aM fine CLEAR HEART DRILLING, INC. SecretaryY' M.Of oDto corporation named as Principal in the foregoing bond; that PRESIDENT who signed the said bond on behalf of the Principal, was then signature thereto is of said corporation; that I know his signature, and that his genuine; and that said bond was duly signed, sealed, and attested to for and In behalf of said corporation by authority of its governing body. Affix Corporate Seal 8WW0 w MW DrM ft -Ukiah Corp Yard 60 SM. NO. 10-M r 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of SONOMA On 5/11/10 Date before me, MARY DAVERIN, NOTARY PUBLIC Here Insert Name and Title of the Officer personally appeared CHERYL GRIGGS Name(s) of Signer(s) MARY DAVERIN Commission # 1877633 Notary Public • California i Sonoma County 1 My Comm. Expires Jan 222, 22014 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(.$) whose name(g) is/4fb subscribed to the within instrument and acknowledged to me thato/she/to6y executed the same in is/her/tWr authorized capacity(iee), and that by hi-6/her/tKir signature(g) on the instrument the personV, or the entity upon behalf of which the persono) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. i Witness my hand alld official seal. Signature Signature,61' Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s):_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Off icer —Title(s)_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ar er - ear- • ar r7' rawer t/ r er' er �% - er er arm � e» esu•" er POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Paul Ramatici, Cheryl Griggs, jointly or severally*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st, 2008. By: oft t ,.. , „!'t't,,P AIV Y Q Stephen T. Pate, Senior Vice President " pC1Rq P ,9,q �aG PO r OCT BY dz. 19 3 6 o O 19$7 Charles L. Day, Assistant Secretary = "Ig•O., m ; 2 �r ...1p1Np.,.. �y� ,° i g41FOP�a a State of California County of Orange On August 13th 2008 before me, Jenny TT Nguyen Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen T. Pate and Charles L. De Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is./are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized �Ni capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of comm. # 17916401 which the person(s) acted, executed the instrument. NOTARY PUBLIC CALU MA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE COLI true and correct. My comm. expires ice, i;�, ' WITNESS my hand and official seal. Place Notary Seal Above Signature Je TT Ng n CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 11 TI -bay of MAY 201.0 By: Albert Hillebrand, Assistant ecretary ID -1 380(Wet)(Rev.07/07) At > Fe CERTIFICATE OF LIABILITY INSURANCE oA.oP.. OP � OS/12/10 TH16 CERTIFICATE IS ISSUED At A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHT$ UPON THE CERTIFICATE MOLDER. THIS CERTIFICATE DOE$ NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER. es ea o of an a p0cy mast a orae . , Subject to the terns and condition of tho Polley6 certaln 1110110tes may tequlm an endorsement. A statement on this eertiflente does not confer rights to am Geste Gaffney ins Services, Ina P.O. Sox 428D0' Occidm.tAl CA 95465 428"N Vhon.6:701-874-2ddd Pax:101-874-1233 "• `D - MIRCEZAA-2 NBURMMASPORDINGOOV11ME UFO Clear$a t Drilling. Inc. sary is -Coll a Ave , Ste. Et Santa Rosa Ci 95401 IOURERA: Sartford, The -- OIauRBRa: state Co . Ins. Fund auRe: uaR %4" city ram nloummm Co. weuaErlD: 1x Inol, OACP COVE:RAGEs verve irn,n e e Lv/.rpo... N 1 LICIS I C U W V E ECY Pi OD TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS INDICATED. NOTWITHSTANDING ANY REOUIREMENT. ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES OESCRIBEO HEREIN 13 SUBJECT TO ALL THE TERMS. CERTIFICATE MAYBE O CWSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. aYPE OFDOYRANOE O rin WYD FOUDYKIIIAER u� EACHOCCUARME $1,000,000 I►-OEeE1W LTIPRTY ' A 7C ! C011MERCW OENERN.LAABILII1r ) 22 UUV D24198 07/15/09 07/15/&o PREaISEs E.om+n+�oo J. t 300 .000 ; �MEDexPlArrtOnOporeon► CWUrPMADE gX Demo $10 ,000 1x Inol, OACP 114014. PRODUCTS & PERSONAL AACV INruaY $1,000,000' X' Contractual COHEWTZD OPS . GENWALAGGREGATE s20000#000 , EO NIAGGREWTEu�APPU96PER PRQDUCIS•OOkP10PAGG s2,0 0QOp POtJCY 1 I T i :AC . �AlrrOmoeu.eluaurr 1 I + COa161NE051NG1E LIW7 16 I CIAuaeeeel I=1,000,p00 C . X ; AHYAUTO 1 Z2 UVV DE41919 07/SS/09 07/25/30 eoMLVtwUAY(Pergem) .6 ALLOWNEDAUTCa { BQ0IAYINWRY(Para0a0e1W t _ aCHE0UlE0A:ROi IPROPERTY pAMAOE (PersextOeiW _ HIRED ALTOS = I NONOWHEDAUTOS A 1 I111reRm.WUAt1X OCCUR ! �22 RW DE4543 07/111/09 07/25110 64H EWA .s 4,000,000 r, mtcasstws CWM§ aL10E AGGREGATE ? 2 4,000,000 DEDUCT" t X RETENaON t 10,006 S MD11IoeRe� Tt011 I +� Ol/O!/l0 01/02/11 X TI --ER AIIDaUFLOYaRa Wt11LITY YIN gACNAOGIOENT 5 3.,000,000 9.L1 OFFICER BMUREEx7M.TiU0E0XEwT rA -- -�— � E.LOISEAS£. EA EMPLOYE S1,000,000 {AVf�N111NNI OESCOu dFQPER0.AQHSedar ! i at CISIME•POUCYUmn i 1,000,000 it 122 DW DE4190 07/16/09 (07011/20 Ea Iftednt $100,000 A 9011 tion -Water Well Drillin Indt. . 1 1' to $100,000 paseRlPtLONDPOPEAAT10Na11ACA MSIVENttR.RS CA d,ACORD10i At�liwlRe�uAsloMQuly,NmaoAPNrM��1 Ali 0?peratign 0. the N Ittsu for the C�tifioata e Cs of�y ts► i, sta . ofg o als, o cera 7, s Holder a L12►d volun re are CG20;OQ7004e�.0 P� named Additional inavr r the aStaofiead�os� `shed 8 a on o*T s ae�rti sate supeaooedes tli�arca`rrt 05. i uiads5710/i0emat H10 SHOULD ANY OF THE ASOV9 OESCRIBEO POI M'a BE CANCBUZ0 BEFORE TK EV"TION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCEUNT1t THE POLICY PROVIStONS- City of Ukiah 300 Seminary Ave. Ukiah CA 95482 ACORO 26 (2000109) The ACORD name and logo are registered marks of ACORO POLICY NUMBER: 22 UUV DE4198 COMMERCIAL GENERAL LIABILITY CO 20100704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED .OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional. Insured Person(s) Or Organization(s): Location(s) Of Covered Operations J AS REQUIRED BY CONTRACTS WITH INSURED J The City of Ukiah, its officers, officials, employees and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II Who Is An Insured is amended to include as an' additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury", property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s), designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property, damage" occurring after: .1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, I aintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 2010 07 04 0 ISO Properties, Inc., 2004 Page 1 of I Fax from rn r U1% iLJJ POLICY NUMBER. 22 UUV DE4198 COMMERCIAL. GEN RTY CG 20 3 BIL 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. l ADDITIONAL INSURED -OWNERS, LESSEES OR I CONTRACTORS.- COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The City of Ukiah, Its officers, officials, employees and volunteers 1 Location And Description of Completed Operations: 1 The City of Ukiah. All completed operations of the Named Insured for the Certificate Holder Additional Premium: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) J Sectlon II — Who Is An Insured is amended to include es an insured the person or organization shown in the 1 Schedule, but only with respect to liability arising out of "your world' at the location designated and described in the J schedule of this endorsement performed for that insured and included in the "products -completed operations haz- ard". CG 20 3710 01 0 ISO Properties, Inc,, 2000 Page 1 of 1 ❑ necessary fitigatic" expenses incurred cy us anti necessary litigat.011 exPefl'MS inairred by the qI(1enIniIp,e at our requesl will t" --e paid as, SupplenIontary Payrniirits, No(wilhStaI)d1AQl : tile provisions of Paragraph 2. h. (2) of Section I - Coverage. A - Bodily Injury And Properly Dallwigil Liability, such payments will not be deemed to be (Iarnaqtcis for "bodily injury" anti "p(opu-ty da nlage" ',.'I'd will. not reduce III& limits Of InSLIM, Me. Our obligation to defend an insured's indemnilee and - to pzjy for attorneys' fees and nm�essarY 140000rl expenses as Supplementary paynionts ends wher" a.. We. have used up: tile appliCOble limit of in8dr8nCE! in the payment of judgments or, Se,ltlernertLs-, or b. Thp conditions setforth above,, or the feriDs Of the m,greement described in Paaagmph f. above, are no koiigor met. SECTION 11._ WHO IS AN INSURED 1. ifyou ore desigrvalled in the IDeciarations is: a. An individual. you. and your spouse are lrisuqred.,�t but Only with respect to the con(juct of as tjeinese.i of wl)icli you are the sale owner, b. A partnership or joint venture, you are an ins,..ired Your members, your partilers, and their spouses are ,q.jw insureds, but Only With rtlslNect to lhe coi)cjuct of your business. c. A lin)ae(j liability company, YOU V11`0 an irlivtred. Your members are also insureds, but only With ro�jpecf tel the conduct of your business. Your Illanngem are insureds, but drily vqilli respect to their duties as your managers. d. An organization other than as portnershi'p. 1601 venture or limiled liabititY r'=Pal* you are at' insured. Your ,executive officers" e,,Incl clirectors, are insureds, but only with respect 10 their dulies as your (iffters or directors. YOUr :stockholders EarC )tFm ;nsureds, b.�l only with r,sp..ct to their liability sloCkholders, e. A trust, you are an insured-Your trUslees care also insureds, but only will) respeGI to meir dfflinf, as trustees 2. L_,gCtj of tile folloWing is also an InWredi a. EnIploynes and Volunteer wo rkerfk. Your ­voluntec,,r workers" Only wwie performing dutiem related to Itle rondt.101 (11 YOUr busines-s, or your "employeeg", other than either your " ex eculivc.,- ojricers,, (if you are an organization dither than a parinarship, joint venture Or lirilited tiability mmpany) or yot.or rn;-Ina9a.rS; (If YOU taro:: a ffinited flablilty company). but only for acts viiithill the Score of their employment DY YOU Or '6"ililP perfoerning Chlbes, related to the coilducl of your business, HIS 00 01 06 05 Hcnveve-, rIMIC' CI these "CrIlPfIc'Yees" or "v(-1ltJnle17:r Workers", ire in weds for: (1) "Bodily ii,I)IIry' at, "pPrisonal and adveitis ing (a) To you, to your partners Ur nlenlberS (if YOU are a partnership or joinl venture), to your members (if you are 1-0 :united liability company), to as C,6 -,,p III ployfn;p" while in the COUrse of h!.,; or ner employment or performing duties related to the, conduct of your business, or to your other "volunteer workers" while performing tluties related to me conduct of your busines% (b) To the spo,,jse,.d-LiId, parent, bromer or -.s.wsl-er ()f that (..0-lerilployee" or Ineit "volunleer worker" as at consequence Of Paragraph (1)(a) above, (c) For which there is any obligation to share darnages vitill ear repay sorr'Pcllf: 61SC.- YAM must pay dama:ipt-, 'becv it of me injury Ciescribed in Paragraphs or (b) above, 0' (d) Arising Out of Ilis or her pravidhg- or failing to provide professional health care services. If you are not 41 the business of providing f, professional health CXe services, Paragrapii (d) (,I(1e8 1101 apply piy to any nurst . emergency mad:cal technician or paramedic erripioyed by you to pirovtdLs such services. (2) "Property darrizige" Io P!'QP041 IT (,,I) OWned, 0C.CiJoied Or USed by. (tap Rented to. in 11IL4 [:are, custody or control of. or over which phySiCal C01"ItfOl i5 beiriq exercised forany purpose by yrju, any of your "emptoyc,(5ta". workers". any partner or rrierril)er (if You art? a parinetship or ioint venture), or af)'Y rylea-mar (if you are a ltmil(",d llauility Company) 13. Real Estate Manager Any person (other' than your "WIVIOY(340"' Or t'VO!Unteer worker"), Or any organization wroin acting 4a,s your real estate manager. c, Temporary Custodians Of. Your PrOPerty Aq peoor, or organization liaving s weeper temporary custody of your property if you die. but eJI!11 y: .Spaf.t Io iiability arising out of the rn�lisftnaf)CO or ase of thal PrOPOMY: aanrl (2) Until your legal representative has tO-ef'l appointed d, Legal Represant2tivi(l If YOU We Your legal representallive if You clic., Out Only w11r% respect to dutir is as such 'Diat ropresenta liive wim Page 9 of 18 4AVP 811 your 6', ,IhIS and dUliRS, Urider lhiS COVOr8ge Niel. e, Unnamed Subs-ldlary Any . SL&Wdiary, wind subsieflany thereof, Of YOLMS wqhicjj is a legally intorporkaled entity Of WMCh YOU raven a linancial inieresk of rnore, INIT-1: 50% Of IN. - voting stock on the effective dale of the Cojerage Part. The insurance afforded herem for any subsidiary not nanied in Ibis Coverage Parl as as flamed 4isurad does riot apply -to injury of, darnage with rospLi-ci to wNcti an insured under this Coverage Part Is also an insured under another pcfioy or would be an insured under such policy but for its terminallon or the exhaustion of its limits of insurance. 3. Nowly Acquired or Formod Organization, Any organizallon you newly acquire or form. other than a partnership, joint venture or iinitted liability cornpanyi and over which you rifiainlain linanrial interest of more than 50% of the v()Jing stock, will qualify as as Wirned Insured if there is no other similar inisura fire nvailable IQ that Ofwanizalion, However: a, CWnfiAge, under this provision is afforded only Until the 180111 day after you acquira or form the organizolion or the end of the priliCy period, wYhichetjer is earlier; b. Coverage A does not apply to "budily injury" or 1. property damage"' that of,,cur(ed before you acquired or formed thc- organi?aljorl, and c. Coverage B does noll apply to. "personal nand advertising injury" ari-sing Out Of an offense' corilrylitted before you acquired or 'formed the organization. 4. Mobile Equipment With reSpect 10 "Illobile eflilipillent" registerfad in your narne under any molor vehicle registf-2tion. [Wr.' early person is an insured white: driving such equipment along a public highway with your perniission. Any rather person or organization responsible for the conduct of SLICh person Is also an insured, but only will) respect to liability arising out of the operation of the equipment, affable nrid only if no other insurance of any kind is available: to ttlot person or organization for this liability. However, no persori or organization is ati insured with respect tri; a. "Bodily injury" to a C0-"enlploYe(-" Of Ille Person driving the equipment' or b. "Property damage" to properly owned ny, rented to, In the charge of or occupied by You or ale enip)oyer of any person who is an insured Under this provis'on S. Nctiowncid Watercraft Wim respect to waierrfaft you do not own t-181 is less Thain 531 fbiel 10119 and iS 1101 being Used to carry per!;oI)s for at charge, any person is an insured whila. aPeraling such watercraft wliln Vour permission. Any other person ar organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the walarcrall., and only if no other ifisurance of any kind is avail' able 10 that parson or organization for tniS liat"Itily. However, fit.) persoa or organizalion is Sn . insr:rre, d with respect to. a. "Bodiiy injtIfy', to as cc-"empfoyee" of the person operating the watercraft; or 13. "Property damage," to property owned by, rented to, in M0 charge of or occupied by you or the., ern.ployer of any person who is an insured under this provision. 6. Additional Insureds When Required By Written Contract, Written Agreement Or Parrifilt 'rhe following porson(s) or organizatlon(s) are; an additional insured when *yG,.L have agreed, in a wntlen contux,l, written agreernent ar because of a pi isst.led Pay a stater rjr political subdivision, that such person or organization be added as an Addilion,10 in stared o red on your policy. provided (fie injury , damage oc . cuts subsequent to the execution of the conlract or agreement. A person or arganizat * ion is an additional insured under this, prrivision only for that period of Ijille required by the conlract or agreerm"'111. i ­low evar. no such person or organization is an insured .-under this provision it such person or arganizalion is included as an insured by an endorsement issued by us and n)ade a part of this Cover,' rlcje Part. a. Vendors Any person(s) or organi7afion(s) (referred to be -low as vendor), but cin y wilh respect io "bodily injury" or "property danlage" arising 001 of "your prodkints" which are disfributed or sold in Ole regular course of the vendors business and only it INS Coverage Bari provides coverage f()f- "bodily injury' or property damage'" included within trie ­products conipteied openalions hazaxd". (1) The inSOrallce, afforded the vendor is subject to [fie following additional exclusions: This insurance drjes not apply to: (a) "Bridily injury' or "proparty dAnViqiis" 10f' which ilia vendor is obligated to Pay daniage-s by reason of the 8SSUMPfic):1 Of liability in a contract or agreerneri(` This UCIL.JtSion does rot apply to lilbillMY W danlaues Mal Ille ver,K-for would have it) the zibsence of the contancl or agreenlent: IAG 00 all as 05 11,190 in of is (b) Any express warranty unauthorized by you; (e) Any physical or chemical change. in the product made Intentionally by the vendor, (d). Repackaging, except when unpacked solely for the purpose of Inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged In the original container, (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make In the usual. course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sate of the product: {g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or. Ingredient . of any other thing or substance by or for the vendor, or (h) "bodily Injury" or "property damage" arising. out of the sole negligence of the vendor. for its own acts or omissions or those of Its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained In Sub- paragraphs (d) or (f); or 01) Such Inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the Dual course of business, in connection with the distribution or sale of the products. (2) This Insurance does not apply to any insured person or organization, from whom you have acquired such products, or any InWedlent, part or container, entering Into, accompanying or containing such products. b. Lessors of Equipment (1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, In whole or In part, by your maintenance, operation or use of equipment leased to you by such person or organization. (2) With respect to the insurance afforded to these additional insureds this insurance does not apply to any "occurrence". which takes place after the equipment lease expires. He 00 0106 as c. Lessors of Land or Premises Any person or organization from whom you lease land or premises, but only with respect to Ilabtilty arising out of the ownership, maintenance or use of that part of the land or premises teased to you. With respect tq the Insurance afforded these additional Insureds the following additional exclusions apply: This insurance does not apply to: 1. Any "occurrence" which takes.place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers or Surveyors Any architect, engineer, or surveyor. but only with respect to liability for "bodily Injury", "property damage or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf. (1) in connection withyour premises; or (2) to the performance of your ongoing operations . performed by you or on your behalf. With respect to the insurance afforded these additional insureds, the folkywing additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising Injury" arising out of the rendering of or the -failure to render any professional services by or for you, including: 1. The preparing, approving, or falling to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. e. Permits issued By State Or Political subdivisions Any state or . political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has Issued a permit. With respect to the Insurance afforded these additional insureds, this insurance does not apply to: (1) "8odlly Injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily Injury" or "property derange" Included within the "products -completed operations hazard". Page 11 of 18 1 that are in.excess of the applicable limit of insurance, (7) When Your Add Others As An Additional An agreed settlement means a settlement anti release Insured To This Insurance of.li;ability signed by us, thea insured and the claimant or Any other insurance available to an additional the claimant's legal representative. insured. d. Other Insurance However, the following provisions apply to other if ether valid and collectible insu'raance is available to insurance available to any person or. the insured for a loss we cover under Coverages A or organlr_ation who is an additional insured under 8 of this Coverage (part, our obligations aro limited as this coverage Mart. . follows: (a) Primary Insurance When Required By a, Primary Insaerance Contract This insurance is primary except when b. below This insurance is prirnaary if you have agreed applies. If other insurances is also primary, we; will in :at written contract or written agreement share with all that other insurance by the rnethod that this insurance be primary. ,If other- therdescribed describedin c, below, 'insurance is also primary, we will share,: with b. Excess Insurance all that other Insurance by the welhod describedin c. below. any insurance is excess over ny of the other 1 insurance; kullether primary, excess, con ingont or (bj PrimaryAnd Non -Contributory To a#her, on any other basis: tris.urance When Required By Contract (1) Your Work If you have agreed in a writtPri contract, written agreement, or permit that this l That is Fire, Extended Coverage. builder's Disk, ! insurance is primary and non-contributory J Installation frisk or similar coverage for "your J with the additional insured's own insurance;, work": this insurance is: primary and vire will not (2) promises Dented To You seek contribution from That other insurance. That is fire, lightning or explosion insurance for Paragraphs (al) and (b) do not apply to other, premises rented to yotl or temporarily occupied insurance to which the additional insured has by you with permission of the owner: been added as an additional insured. (3) Tenant Liability WVhera .this insurance is excess, we will have. no 1 J That is insurance purchased by you to cover duty under Coverages A or B to defend the insured your liability as as tenant for "properly damage." against any "suit" if any other insurer has a duty to "sa.riC`. to premises rented to you or' temporarily defend the insured against that If hes other , occupied -by upied by you with permission of the owner: insurer defends, wee will underlake to db so, but �wr: witl be entitled to the insureds rights against all (d) Aircraft, Auto Or Watercraft those; other insurers. If the loss arises out of the maintenance or use When this insurance is excess over other of aircraft, "autos" or watercraft to the extent not insurance, vie will pay only our share of the amount subject to Cxclusion g. of Section I - Coverageof the loss, if any, that exceeds the sum of: A - Bodily Injury And Property Damage Liability; (`4) The total amount that all such other insurance (5) Property Damage to Borrowed Equipment Or would pay for the loss iii the absence of this Use Of Elevators insurance; and If the loss arises out of "property damage" to (2) The -total of all deductible and self-insured borrowed equipment or the use of elevators to amounts under all That other insurance:. the extent nett subject to Exclusion ,j. of Section I We will share the remaining loss, if any, with any Coverage A - Bodily Injury .And Property other insurance thaat is not described in this Excess Damage Liability; Insurance: provision and was not bought specifically (ti) When You Are Added As An Additional to apply in excess of the Limits of Insurance shown to Insured To Other Insurance the Declarations of this Coverage Part. Any ether insurance available to you covering c. Method Of Sharing liability for damages ansing out of then promise or operations, or products and completedcompletedIf nd all of the athcr insurance l)c.rmits C,ortCrttitaltc)n by 1 operations, for which you have added as this equal shares, we will Mow this also. Under anatltfilionai insured by that insurance; or this approach each insurer contributes etlual amounts until it has paid its applica ale limit of insurance or none of the loss remains, whichever comes first. Fuego 14 of 18 HG Ob 01 06 as if any of ille other insuronce coes, not rierrrtil writribution by OCluild ShareS, we Will COMfibklle by limits, Under this method, e�jch Insurel's share ir, based on the ratio of its, applicable limit of in,urance to the total applicable linli-IS of insurarice of alt insurers, 5, Premium Audit liurris for this Coverage .,I. We Will COMPUM all pron Part in accordance with oijr rLI105 and rates. b. Premitim shown in this Coverage Part as'advance prenlium is -a deposit praillium only. At the, cl.osu of each audit period We wih coniptil.6 tile e0fifle(I prerniurij for- that peiiad and send notice to the, first Named insured. Tile due date for audit arid retrospective premiums is the date shown as (116. due date on the bill, If the sura of the advance and ,audit premiurns paid for tile Policy period is greater that) the earned Pri"MiUITI. WO Will return theo excrISS to ill(%. first Ninied Insured. c. The first Named insured must keep records of the information we need for I)MMiLlill COMPUt' Ilion, and serid: us copies at such lirrius as We may ( quest. 13, Representations Ka. Whon You Accept. This Policy By accepting this policy, you agree: (1) The statements ill the Declarolions are- acCur81e and complete;. (2) Thosp statements rare, based Upon re,pres,oniatians you made to us; and (3) We have issued ttlis policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unlntenflonall+ you Should fail to discioF0 011 hazards relating to the conduct of. your business jilat exist at the Inc4-pilorli date of this Coverage. Part, we shaft not deny coveragO under this Coverage Part beCULISe Of Such failure, 7. Separation Of Insureds Except with respect to. the Limits of Insurance, and any .rights or duties specifically aSS)igned in this 0011 rage Part to the first Named Insured, this* Insurance applies: a. As if eElch Narned kisured'were the tally Named Ins -tired-, arid b. Separately to each insured ag,-a inst whon, CIL Flirn is made- or' suit" is brought, 8. Transfer Of Right-,;. of Rocovery Against Others To U a. Transfer of Rights Of Rkovery if the instired lies rights to CeCOV(3r all 01' Parl of .iny payrnent, Payments, we Ijave nja(je . jjrjd(r this Govarjgc., Part, those lights are transferred to LIS. The insured njust do not1iing after loss to I.Mpairtherri, Al our fec.1tiOSI, the insured will bring 'Suit" or tlanGfOr th-Ose ricJhts tc)-us and help us Onf=0 IlleM, 1). Waiver Of Rights Of Recovery (Waiver Of Subroqation) IE 111p instjre(l Perls wei ivc;ld any rights of, recovery against any person or organization for all or pan of any pay,-nent, including Supplementary Payments. vie have made under this Coverage Part. we also V1,aive.jIlat rigilt, provided the insured waived their rights of recOVVIFY Ug)illsl Such Pe(s0r) Of organization in a contraa agreement or perrliit that was executed prior to theinjury or damage. 9. When We Do Not Rariew If wc, decide not to renew this Coverage Part, we will mail or deliver to tho first Named Insured shown in the Declarations written notice of the nonrenewal riot less than 30 days before the expiration data. If notice is fnaur d, proof of mailing will be sufficient proor of notice. SECTION V — DEVINITIONS 1 "Adver lisdrytent" rilealls I h t, Widespread public dissemination of inforill3ti011 Or. images that 'has, the purpose of inclucing the sale of goods, products, or services through., a. (1) Radjo; Television: (3) Biii;lboardl- (4) Magazirie: (5) Newspaper'. or b. Any other puj)jjC@jjojj lt,lal it, given widespread public d;sIribulion. -Hcjwmtar, "adverUserilent", does not at. Thr~ design, printed niaterial, I nforrnvit6w) ar images contained in. on or Up011 (110 paickagirlg or labeling of arty goo,.N or Products: or b. An jnter,,.ictive conversation beta eeii or arriong persotjs tilrough a computer network. 2. "Adverlising idea" means any 00,1 for an 3. "Asboslos, haz'ard' mearis ,in exposurc, or thre-at of exposure to the. actual of alleged Properties of as tj e„tos geld thr njare presence sence of asbestos irl, arty form. 4. "Auto” rrl(?-811S a landrnotar vehicle, traiter or senlivaler designed for traw'I on public, roMs, including ajl}p ) atiached mac-,hlnory or equipmOfll. SUA "HUIG" (1605 T10t include "mabile equipillerit", 5. "Badily inJury" means phlysical: a. Injury, 13, Sicknoss,-. or C. Disease sustained by as pe . fSon and, d arising out of the above, mental anguish or dealh at any time. HG 00 01 06 05 Page 15 of 18 1, .M1 CERTHOLDER COPY STATE J P.O. BOX 420807, SAN FRANCISCO.CA 94142-0807 PUNJ D CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 06-12-2010 GROUP: 000713 POLICY.MJMBER: 0008577-2008 CERTIFICATE ID: 730 CORTIFICAM EXPIRES: 01-01-2011 01-01-2010/01-01-2011 THIS CERTIFICATE SUPERSEDES AND CORRECTS rCERTIFICATE # 715 DATED 01.01-2010 i CITY OF UKIAH Kc 300 SEMINARY AVE UKIAH CA $5482-0400 This I certifyljorniii insurance 1ieainsurance ��praved by he Commb�er to the employer namd Compensation low or the policy period indicated . l This policy is not Subject to cancellation by the Fund except upon 30 days advance written notice to the employer. I We will ak0 Biwa You 30 days advance notice should this policy be cancelled prior to its normal expiration. This cartificate of insurance is not an insurance policy and does net amend extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, tent► or condition of any contract of other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insiranco afforded by the policy described herein Is subject to all the terms: axcluslons, and conditions. of such pogcy. VA&�t tUrkeQd Representative interim President and CEO EM>PLOWS LIABILITY LIMIT INCLUDING DEFENSE COSTS: SI-000,000.PER OCCU161NCE. ENDORSIONT #1000 • fi►W .SODEN P - EXCLUDED ENDORSEMENT #1800 - AMANDA DEMMUMVILLE $,T - EXCLUDED. ENOOR�Ep ' p � 6 ENITIRMS ALPARTERTIFICATEOF THIS HOLDERS' NOTICE EFFECTIVE 01-01-2004 IS ENDORSEMENT #2570 ENTITLED WAIVER OF St1mW"TI0N EFFECTIVE 2010-05-12 IS ATTACHED TO* AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF UKIAH EMPLOYER CLEAR HEART DRILLING INC NC 556 M COLLEGE AVE STE B BANTA ROSA CA 05401 �I tItEV.t•90tW �J IBIV,NCi PRINTED : OS -12-2010 NC APPENDIX A FIGURES Environmental Drilling —Ukiah Corp Yard 53 Spec. No. 10-05 P oor� m m m u z o I� II I p'= B SI � �K PT{- «....«m-K�mF 111.: 3 - .»u. _ n vN'•ii`MS4�A'�Yli�lk'� co u+ 0� -21 cn -- l 00 o c � � J e 00 0 000� a. r 00 - s , M _ Voldla0daltl -- �---9 p Oy. - - -w-- - - laON . .._— Y� n --A - - oldlotld 1S3MH �. - ---� oyoa�lva LOCATION OF PROPOSED WELLS - UKIAH CITY CORP YARD EXHIBIT 1320 AIRPORT PARK BOULEVARD A-1 ENGINEERING UKIAH, CALIFORNIA CONCEPTUAL SITE PLAN DO -M4 �I g DD fTl �I ------------------------- s N O N r yr Z ----------------------- ----- -------TRACKS--------- 4 1 \ \ \ Sa C+o ..per \ I I ? 1 \ :U I (rn m � 0 I O 00 \. PZ \ f'-11 \ - SIG' a Q) I SJ n 1 -_ 55 ss (E)4" PVC 1 - - sG 55 F F 1 6i 1 k 1 (E)UG Utliltles a 3 ��p UG - UG ----- UC UG I' - SD - SD --- SD --�--- SD-- -1 SD - SD — SD --- SD (E)e"�C _.-_-I_.Sc — W W W W W W W y� W�—.N. ,l lENGINEERING LOCATION OF PROPOSED OFF-SITE WELLS - UKIA.H CITY CORP YARD 1320 AIRPORT PARK BOULEVARD UKIAH, CALIFORNIA CONCEPTUAL SITE PLAN EXHIBIT A-2 OB -1554.: