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Lee Howard Construction 2010-09-10
CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA SPECIAL PROVISIONS FOR REMEDIATION SYSTEM INSTALLATION - UKIAH CORPORATION YARD SPECIFICATION NO. 10-15 CITY OF UKIAH DEPARTMENT OF PUBLIC WORKS 300 Seminary Avenue Ukiah, California 95482-5400 Bids Open: August 24, 2010 2:00 p.m. Office of City Clerk NAL a MAT W EA HAW No.7838 Q' OF CA�I�Oe.�� Expires 8/3117 -mo 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 August 2010 TABLE OF CONTENTS PAGE ll NOTICE TO BIDDERS rl 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 l 1-10. General Provisions of the Standard Specifications SECTION 2. AWARD AND EXECUTION OF CONTRACT.............................................................................................4 i 2-01. Award of Contract J 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. Surveys 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 SECTION11. 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. Site Preparation 13-04. Trenching and Backfilling 13-05. Soil Removal and Disposal 13-06. Pavement Replacement 13-07. Pipe and Conduit Installation 13-08. Installation of Well and Junction Boxes 13-09. Equipment Compound 13-10. Steel Pipe Bollards 13-11. Relocate Existing Water Service 13-12. Electrical SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS...................................................................................33 14-01. Provisions to be Excluded from General Conditions SECTION 15. AMENDMENTS TO GENERAL CONDITIONS......................................................................................34 15-01. Provisions of General Conditions to be Amended CERTIFICATES AND DOCUMENTS PROPOSAL...........................................................................................................................................................35 BIDDINGSCHEDULE....................................................................................................................................................36 FAIR EMPLOYMENT PRACTICES CERTIFICATION....................................................................................................40 WORKER'S COMPENSATION CERTIFICATE..............................................................................................................41 CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT......................................................................................42 LIST OF PROPOSED SUBCONTRACTORS.................................................................................................................43 STATEMENT OF EXPERIENCE OF BIDDER................................................................................................................44 SIGNATUREOF BIDDER..............................................................................................................................................45 BIDDER'S BOND 40......................................................................................................................................................46 NON -COLLUSION AFFIDAVIT.......................................................................................................................................47 AGREEMENT..........................................................................................:................................................................48 INDEMNIFICATIONAGREEMENT................................................................................................................................52 EXAMPLEBOND FORMS..............................................................................................................................................53 DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND................................57 DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND...................................................................58 INSURANCE CERTIFICATES AND ENDORSEMENT FORMS APPENDIX A: CONSTRUCTION PLANS FOR A DUAL PHASE EXTRACTION AND OZONE SPARGE REMEDIATION SYSTEM CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA NOTICE TO BIDDERS FOR REMEDIATION SYSTEM INSTALLATION — UKIAH CORPORATION YARD SPECIFICATION NO. 10-15 NOTICE IS HEREBY GIVEN that sealed standard proposals for REMEDIATION SYSTEM INSTALLATION — 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, August 24, 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 "REMEDIATION SYSTEM INSTALLATION 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. Saw Cutting Existing Paving 1,300 Linear Feet 2. Pavement Removal and Disposal 40 Tons 3. Existing Utility Location 8 Each 4. Excavate, Trench, and Backfill (12" Trench 420 Linear Width) Feet 5. Excavate, Trench, and Backfill (18" Trench 240 Linear Width) Feet 6. Excavate, Trench, and Backfill (30" Trench 75 Linear Width) Feet 7. Soil Removal and Disposal (Class 1 Disposal 20 Tons Facility) 8. Soil Removal and Disposal (Class 2 Disposal 55 Tons Facility) 9. Soil Removal and Disposal (Class 3 Disposal 55 Tons Facility) 10. Asphalt Concrete Pavement Replacement 35 Tons 11. Concrete Pavement Replacement 28 Square Feet 12. Pipe and Conduit Installation (City to Provide all 1 Lump Material Except Gravity Sewer Pipe & Sum Accessories) 13. Installation of 18" Round Well Box (City to 15 Each Provide) 1 14. Installation of 24" Square Well Box (City to 15 Each 1 Provide) 1 15. Equipment Compound 1 Lump J Sum 1 16, Removable Steel Pipe Bollard 7 Each 17. Relocate Existing Water Service 40 Linear Feet 1 18. Electrical 1 Lump Sum 1 Plans and Special Provisions may be inspected and/or copies obtained for a non refundable fee of $31.00. Plans and Special Provisions may also be downloaded at no charge from the City's website at www.cityofukiah.com. 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) 1 463-6282 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 the 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. Pursuant to 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 I rate of wages for straight time, overtime Saturdays, Sundays and Holidays including employer payment for health l 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: http://www.dir.ca.gov/DLSR/PWD/ The prime contractor for the work herein shall possess a current, valid State of California, Class A Contractor's License with a Hazardous Substance Removal (HAZ) certificate. 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 1 performance under this contract. J By order of the City Council, City of Ukiah, County of Mendocino, State of California. 1 Dated:_ /LL a J Anne Currie, City Clerk, City of Ukiah, California PUBLISH TWO TIMES: August 6 & 13, 2010 J l l INSTRUCTIONS TO BIDDERS REMEDIATION SYSTEM INSTALLATION - 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 opportunityto 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 by the 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 lim its of the work or adjacent thereto, which may or may not be shown on the Drawings. Remediation System Installation —Ukiah Corp Yard 1 Spec. No. 10-15 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. Remediation System Installation —Ukiah Corp Yard 2 Spec. No. 10-15 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. "Engineer" shall mean the Engineer duly and officially appointed bythe Cityto 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. f. "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 bythe successful bidderwith 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 therefore. 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 Remediation System Installation —Ukiah Corp Yard Spec. No. 10-15 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 may weigh 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 bythese 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 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. Remediation System Installation —Ukiah Corp Yard 4 Spec. No. 10-15 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 may be 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 Provisions. Contractors attention is directed to Section 12-05 of the Technical Specifications regarding the Standard Specifications and Standard Plans. Remediation System Installation =Ukiah Corp Yard 5 Spec. No. 10-15 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: General Liability: $1,000,000 per occurrence for bodily injury, personal injuryand propertydamage includina operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the Remediation System Installation —Ukiah Corp Yard Spec. No. 10-15 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: 1. 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. 5. 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 A VII B+ X 5-06. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements shall be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All Remediation System Installation —Ukiah Corp Yard Spec. No. 10-15 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 by the 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 insured 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 represdntative 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 or foreman 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 by the 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 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. Remediation System Installation —Ukiah Corp Yard 8 Spec. No. 10-15 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 maybe 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 by the 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 a proper 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 any way 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 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. Remediation System Installation —Ukiah Corp Yard 9 Spec. No. 10-15 IN 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 merely that 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 benchmarks, 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 Cityand 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 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. 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 Remediation System Installation —Ukiah Corp Yard 10 Spec. No. 10-15 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 by the terms of this contract, any sum certified by the Engineer or awarded by the City. All provided that if such action to terminate the contract be not instituted by the 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 sim filar 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 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. Remediation System Installation —Ukiah Corp Yard 11 Spec. NoA 0-15 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. 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. Remediation System Installation —Ukiah Corp Yard 12 Spec. No. 10-15 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 maybe 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. 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 Remediation System Installation —Ukiah Corp Yard 13 Spec. No. 10-15 such neglect and whenever, in the opinion of the Engineer, an emergency shall 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 qualityand workmanship obtainable in 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. Remediation System Installation —Ukiah Corp Yard 14 Spec. No. 10-15 8-03. Materials and Equipment Specified by Name. Whenever any material or equipment is indicated or specified by patentor proprietary name 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 bythe 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 fully that the equipment and materials to be furnished comply with 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 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 Remediation System Installation —Ukiah Corp Yard 15 Spec. No. 10-15 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 bythe 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. 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 Remediation System Installation —Ukiah Corp Yard 16 Spec. No. 10-15 excess of eight (8) hours per day at not less than 11h 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 established under the National Housing Act as amended and bonds of any Federal Home Loan Mortgage Corporation. Remediation System Installation —Ukiah Corp Yard 17 Spec. No. 10-15 (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. 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. Remediation System Installation —Ukiah Corp Yard 18 Spec. No. 10-15 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 during the period of such extension, except that the cost of final unavoidable delays shall not be included in such charges. Remediation System Installation —Ukiah Corp Yard 19 Spec. No. 10-15 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 bythe 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 by these 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 anyway 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. Remediation System Installation —Ukiah Corp Yard 20 Spec. No. 10-15 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 underground and aboveground components of a soil and groundwater remediation system. General locations of the work are shown in the attached Appendix "A" (Sheets 1 through 5). 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 shall procure, at his own expense all certificates and licenses required of him by law for the execution of this work. 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, with the exception, of the sewer connection permit and fee. He shall comply with all Federal, State, and local laws and ordinances or rules and regulations relating to the performance of the 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. Remediation System Installation —Ukiah Corp Yard 21 Spec. No. 10-15 In case of discrepancy between the contract documents, the order of precedence from the highest to lowest is as follows: 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 necessaryto 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. The Contractor shall be responsible for the implementation and maintenance of erosion control measures year round. Between October 15 and May 15 or each year such temporary erosion control features as are necessary to prevent damage during the following winter season shall be constructed and functioning. The Contractor shall be responsible for constant maintenance of erosion and sediment control measures at all times to the satisfaction of the Engineer. Erosion and sediment control measures and their installation shall be accomplished using Best Management Practices. Contractor shall be fully responsible for all costs and liabilities associated with water pollution and temporary erosion control work in these areas. 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 comply with 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. Remediation System Installation —Ukiah Corp Yard 22 Spec. No. 10-15 SECTION 13 - CONSTRUCTION DETAILS .13-01. SCOPE. This document specifies construction of underground and above ground components of a soil and groundwater remediation system 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 the remediation system, as herein specified. Through the completion of the construction, the Contractor must restrict his operations to the daylight hours. The Contractor will not be entitled to any additional compensation for the overtime work necessaryto complywith these requirements. The City of Ukiah (City) authorized representative EBA Engineering (hereinafter called the "Engineer") shall oversee the work. The Engineer shall confirm the construction of the remediation system in accordance with the documentation provided herein. 13-02. PERSONNEL AND EQUIPMENT. 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 City of Ukiah or its representative. The Contractor shall conform to all of the following minimum requirements: 1. current possession of a valid California Class A Contractor's License with a Hazardous Substance Removal (HAZ) certificate, 2. experience in construction of environmental remediation systems, 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 construction work performed for municipal agencies for the past 10 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 Construction Superintendent and his phone number shall be given to the Consultant for emergency notification. 13-03. SITE PREPARATION 13-03.1. Description: Site preparation shall include saw cutting existing asphalt and concrete surfaces as necessary for trench excavation, removal and disposal of asphalt and concrete paving, and identifying location and depth of existing utilities at trench crossings. 13-03.2 Removal of Existing Paving: Remove existing bituminous pavement and concrete slabs within the designated limits and as specified hereinafter; neatly trim remaining portions. Saw cut pavement to provide a uniform, straight edge as indicated on the Plans. Existing pavement above trenches shall be sawcut prior to excavation. All asphalt and concrete. removed shall become the property of the Contractor and shall be legally disposed of off the site. 13-03.3 Existing Utility Location: Prior to any trench excavation, existing utilities at all trench crossings shall be exposed by the Contractor to allow the Engineer to verify the grade and alignment of the utilities, and to verify design assumptions and exact field location. The maximum depth for existing utility pot holing is 30 inches. The Contractor shall contact the owner of each utility and call USA Underground Service Alert at least 48 hours prior to commencing utility location. Do not interrupt utilities serving facilities occupied by Owner or others unless authorized in writing, and then only Remediation System Installation —Ukiah Corp Yard 23 Spec. No. 10-15 after arranging to provide temporary utility services according to requirements indicated. 13-03.4 Measurement and Payment: Measurement — Saw Cutting: Saw cutting for trench excavation will be measured by the linear foot performed along the trench excavation limits as measured along the surface. Payment — Saw Cutting: Saw cutting for trench excavation will be paid for at the contract unit price per linear foot performed, which price shall include full compensation for furnishing all labor, materials, equipment, tools, and incidentals necessary to complete this item as shown on the Plans or as directed by the Engineer. An allowance has been provided in the quantity for saw cutting for areas outside the limits of the trench excavation if determined to be required by the Engineer during construction. Payment for saw cutting outside the trench excavation limits will be paid for at the same contract unit price per linear foot performed. Measurement — Pavement Removal and Disposal: Quantity for the removal and disposal of existing asphalt and concrete paving and slabs will be determined from the actual weight of asphalt and concrete removed. Public Weighmaster Certificates shall be provided by the Contractor for all material removed and disposed. Payment— Pavement Removal and Disposal: Removal and disposal of existing asphalt and concrete will be paid for at the contract price per ton of material removed and disposed, which price shall include full compensation for furnishing all labor, materials, equipment, tools, and incidentals necessary to remove asphalt and concrete, load, haul, and dispose at a licensed facility including payment of disposal fees and supplying Public Weighmaster Certificate load slips. An allowance has been provided in the quantity for pavement removal and disposal for areas outside the limits of the trench excavation if determined to be required by the Engineer during construction. Payment for removal and disposal of pavement outside the trench excavation limits will be paid for at the same contract unit price per ton for material removed and disposed. Measurement — Existing Utility Location: Existing utility location will be measured for each utility location pot hole, utility uncovered and elevation of utility determined. Payment — Existing Utility Location: Exiting utility location will be paid for at the contract price for each utility location performed, which price shall include full compensation for furnishing all labor, materials, equipment, tools, and incidentals necessary to pot hole to a maximum depth of 30 inches for the purpose of determining the location and grade of the utility, including all notifications and coordination with USA and utility providers/owner. 13-04. TRENCHING AND BACKFILLING 13-04.1 Description: The work encompassed by this Section shall consist of performing all operations and furnishing all labor, materials, tools, equipment, and incidentals as necessary to trench for underground utilities as shown on the Plans and backfill around pipe and trench including pipe zone backfill and trench zone backfill. 13-04.2 Submittals: Materials shall be supplied from sources proposed by the Contractor that meet the material specifications established by these Specifications and as accepted by the Engineer. 13-04.3 Materials: Trench backfill materials for the pipe zone and trench zone shall be in accordance with the following: Pipe Zone Backfill: The pipe zone is defined as that portion of the vertical trench cross-section lying between a plane below the bottom surface of the pipe, i.e., the trench subgrade, and a plane at a point 2 inches (minimum) above the top surface of the pipe as shown in the Plans. Pipe zone backfill shall have a gradation as follows: 75 to 95 percent passing a 3/8 -inch sieve; 10 to 25 percent passing a No. 4 sieve; and 0 to 8 percent passing the No. 200 sieve. Pipe zone backfill shall be self -compacting. Sand may be used. Trench Zone Backfill: The trench zone is defined as that portion of the vertical trench cross-section lying between a plane 2 inches (minimum) above the top surface of the pipe or conduit and the finished surface grade, or if the trench .is under pavement, to the bottom surface of the asphalt concrete paving as shown in the Plans. Trench zone backfill material shall be Control Density Fill (CDF) or slurry cement backfill in accordance with Section 19- 3.0612 of the Standard Specifications. Remediation System Installation —Ukiah Corp Yard 24 Spec. No. 10-15 13-04.4 Trench Excavation and Backfill: Excavate trenches to the lines and depths as shown on the Plans. The trench bottom shall be firm, continuous, relatively smooth and free of rocks and/or unsuitable material prior to the installation of bedding for underground utilities. Backfill trenches to the lines and grades as shown on the Plans employing a placement method that does not disturb or damage utilities in the trench. 13-04.5 Measurement and Payment: Measurement: Trench excavation and backfill will be measured by the linear foot for the different widths of trench as measured along the ground surface. Payment: Trench excavation and backfill will be paid for at the contract unit price per linear foot of trench for the various trench widths, which price shall include full compensation for furnishing all labor, materials, equipment, tools, and incidentals necessary, and doing all the work involved in trench excavation and backfilling. 13-05. SOIL REMOVAL AND DISPOSAL 13-05.1 General: All soil excavated from the trenches and equipment pad shall be temporarily stockpiled on site. Obviously contaminated material shall be stockpiled separately at the direction of the Engineer. The Engineer will collect composite soil samples from the stockpile(s) for chemical analysis. The Contractor shall allow two weeks for soil sample testing before stockpiled material can be removed from the site and should adjust the bid accordingly. In the event of rain, the Contractor shall take the necessary measures to prevent any storm water runoff from the stockpiled material. 13-05.2 Existing Soil Conditions: Soil at the project site is subject to regulatory jurisdiction and controls due to the site history. Low levels of contaminants have been detected in soil including but not limited to petroleum hydrocarbons and volatile organic compounds. Contractor must be aware of the requirements for handling and disposal of soil generated from all excavation activities. Contractor will be responsible for reviewing available documentation and providing worker health and safety requirements, training and disclosure as necessary. 13-05.3 Excavation: Excavated soil shall be temporarily stored on the site at a location approved by the Engineer pending transport but must to be underlain with and completely covered with plastic sheeting until the time of loading and transport. 13-05.4 Disposal: The Contractor shall provide all necessary labor, materials and equipment to facilitate the disposal of excavated materials from the project site. The Contractor shall be responsible for the selection of the disposal facility (Class 1, 2, and/or 3) or facilities based on soil analytical data provide by the Engineer. All soil excavated from the trenches and equipment complex must be properly handled, manifested, and transported in accordance with City, State, and Federal laws and regulations, unless directed otherwise by the Engineer. 13-.05.5 Field Quality Control: The Engineer will provide the following: Sample and test excavated soil materials that have been stockpiled by the Contractor. Coordinate sampling and analytical testing as required. Provide technical assistance for permitting and agency coordination for the disposal of soil. Perform tests and inspections deemed necessary to insure compliance with specifications. Retain all receipts, manifests and documentation related to material handling and disposal. The Contractor will provide the following: Furnish access to site and facilities for inspection. Provide necessary labor and equipment for the temporary storage of soil generated from site activities. Arrange and coordinate disposal of soil with applicable agencies and facilities. Be familiar with site and subsurface conditions and aware of potential environmental hazards that may be encountered at the site. Contractor shall be responsible for worker health and safety requirement as applicable. Pay costs for additional inspections and tests due to noncompliance with Contract Documents. 13-05.6 Measurement and Payment: Measurement: Removal and disposal of soil excavated from the trenches and equipment complex will be determined by the actual weight of material disposed based on documented paperwork from the disposal site(s). Remediation System Installation —Ukiah Corp Yard 25 Spec. No. 10-15 Payment: Payment for removal and disposal of soil excavated from the trenches and equipment complex will be paid at the contract unit price per ton of material disposed, which price shall include full compensation for furnishing all labor, materials, equipment, tools, and incidentals necessary to load, haul, and dispose of excavated material at a licensed facility or facilities including payment of disposal fees and supplying load slips from the disposal site(s). 13-06. PAVEMENT REPLACEMENT 13-06.1 General: Trench surfaces shall be resurfaced with asphalt concrete or concrete to the dimensions and thickness indicated on the Plans. 13-06.2 Asphalt Concrete: Asphalt concrete for pavement replacement shall be a minimum of 4 -inches thick and conform to the requirements for Type B, 1/2 inch maximum, medium grading. Asphalt binder shall be steam - refined paving asphalt Grade PG 64-10 conforming to the provisions of Section 92 of the Standard Specifications. Aggregate shall meet the full requirements of Section 39-2.02 of the Standard Specifications for Type B (1/2 -inch maximum medium grading). The amount of asphalt binder to be mixed with aggregate shall be such that the air void content of the resulting asphalt concrete shall be not less than 3% nor more than 5%. Stabilometer value as determined by California Test Method No. 304 shall be 38 minimum. The asphalt concrete shall be compacted in accordance with Section 39-5.02 of the Standard Specifications. The temperature of the asphalt concrete when placed and ready for compaction should not be less than 250 -degree Fahrenheit and all breakdown compaction should be completed before the temperature drops to 95 -degrees Fahrenheit. The atmospheric temperature should be at least 50 -degrees Fahrenheit to place asphalt concrete. Placement of asphalt concrete materials should not commence during fog, rain, or other unsuitable conditions as determined by the Engineer. Immediately after placement, protect pavement from mechanical injury for 3 days or until surface temperature is less than 140 degrees F (60 degrees C). 13-06.3 Concrete: Concrete for pavement replacement within and adjacent to the building shall be a minimum of 6 inches thick with reinforcement as shown on the Plans. The concrete ingredients and related materials shall conform to the requirements in Section 13-07.3 of these Technical Specifications. Where rebar dowels are required to be secured into existing concrete, the following procedure shall be followed: 1. Drill hole to the diameter and depth indicated. If not indicated, the diameter shall be 1/8" larger than the diameter of the dowel or anchor. The depth, if not specified, shall be ten times the diameter of the anchor. 2. Thoroughly clean the hole by blowing it out with compressed air and by using a wire brush. 3. Place the epoxy in the hole using a dispensing tool provided by, or recommended by the manufacturer. Thoroughly fill the hole with epoxy. Epoxy for securing dowels or anchors into cured concrete shall be Simpson "SET — Epoxy' or Hilti "HIT" or equivalent. 4. Place the dowel or anchor in the hole and allow the epoxy to completely cure before disturbing the dowel or anchor. 13-06.4 Measurement and Payment: Measurement —Asphalt Concrete: Quantities of asphalt concrete will be determined by the actual weight or asphalt concrete placed. Load slips shall be furnished by and at the sole expense of the Contractor. 4 Payment — Asphalt Concrete: Asphalt concrete will be paid for at the contract unit price per ton of Type B asphalt concrete, which price shall include full compensation for furnishing all labor, materials, equipment, tools, and incidentals necessary to place the asphalt including compacting, leveling, binder, aggregates, tack coat, and other incidental items necessary for doing all the work involved as shown on the Plans, as specified herein, and as directed by the Engineer. Measurement— Concrete Trench Replacement: Concrete trench replacement will be measured by the square foot, computed on the basis of measurement of areas of completed work in place and the thickness shown on the Plans. Payment — Concrete Trench Replacement: Concrete trench replacement will be paid for at the contract unit price per square foot installed, which price shall include full compensation for furnishing all labor, materials, equipment, tools, and incidentals necessary, complete in place as specified, including furnishing and placing expansion joints and filler, dowels, furnishing and applying sealer/hardener, furnishing and applying curing materials, and no additional allowances will be made therefore. Remediation System Installation —Ukiah Corp Yard 26 Spec. No. 10-15 13-07. PIPE AND CONDUIT INSTALLATION 13-07.1 General: The work encompassed by this section shall consist of performing all operations and furnishing all labor, tools, equipment, and incidentals as necessary for the installation of the water containment conduit, discharge water pressure and gravity pipe, vapor extraction pipe, and ozone sparge conduit. All pipe and conduit materials (except the gravity water discharge and water service), including fittings, coupling, and sweeps will be provided by the Owner for the Contractor to install. The number of pipe and conduit for each trench section and placement within each trench type is shown on the Plans. The gravity water discharge pipe materials including fittings, cleanout, and connections to the pressure line are to be provided by the Contractor. 13-07.2 Materials: Pipe and conduit materials will be in accordance with the following. Note that all pipe and conduit materials will be provided by the Owner except for the gravity water discharge to the existing sewer. Water Containment Conduit: The water containment conduit will be PVC conduit, Schedule 40 conforming to ASTM F512 for smooth wall PVC conduit. All fittings and accessories shall have bell and/or space configurations identical to that of the pipe and shall be of same material as pipe, molded or formed to suit pipe size and end design in required bends and sweeps. Wyes shall conform to ASTM D1784 or ASTMF512. Conduit shall be installed in accordance with manufacturer's instructions and placed in the trench at the locations shown on the Plans or as directed by the Engineer. Terminations at well boxes, junction boxes, and at the equipment compound will be as directed by the Engineer in the field. Contractor shall install labeled pull string through each conduit as directed by the Engineer. Water Discharge Pressure Pipe: The water discharge pressure pipe from the equipment compound to the connection to the gravitywater discharge pipe will be PVC Pipe, Schedule 80 conforming to ASTM D1784 for rigid PVC compounds. All fittings and accessories shall be manufactured and furnished by pipe supplier and shall be of same material as pipe, molded or formed to suit pipe size and end design, in required tee, bends, elbows, sweeps, reducers, and other configurations required. Conduit shall be installed in accordance with manufacturer's instructions and placed in the trench at the locations shown on the Plans or as directed by the Engineer. Vapor Extraction Pipe: The vapor extraction pipe will be PVC Pipe, Schedule 80 conforming to ASTM D1784 for rigid PVC compounds. All fittings and accessories shall be manufactured and furnished by pipe supplier and shall be of same material as pipe, molded or formed to suit pipe size and end design, in required elbows and couplings. Conduit shall be installed in accordance with manufacturer's instructions and placed in the trench at the locations shown on the Plans or as directed by the Engineer. Terminations at well boxes, junction boxes, and at the equipment compound will be as directed by the Engineer in the field. Contractor shall label each vapor extraction pipe termination at the equipment compound as directed by the Engineer. Ozone Sparge Conduit: The ozone sparge conduit will be PVC conduit, Schedule 40 conforming to ASTM F512 for smooth wall PVC conduit. All fittings and accessories shall have bell and/or space configurations identical to that of the pipe and shall be of same material as pipe, molded or formed to suit pipe size and end design in required bends and sweeps. Wyes shall conform to ASTM D1784 or ASTM F512. Conduit shall be installed in accordance with manufacturer's instructions and placed in the trench at the locations shown on the Plans or as directed by the Engineer. Terminations at well boxes, junction boxes, and at the equipment compound will be as directed by the Engineer in the field. Contractor shall install labeled pull string through each conduit as directed by the Engineer. Gravity Water Discharge Pipe: The gravity water discharge pipe including the fittings, cleanout, and reducer are to the provided and installed by the Contractor. The pipe material shall be PVC material with integral wall, bell and spigot joints. Pipe and fitting shall meet wall and strength minimum of SDR 35, and the requirements of ASTM D3034. Joints shall be equipped with rubber rings. The bell shall consist of an integral wall section with a solid cross section rubber ring factory assembled, securely locked in place to prevent displacement. Rubber rings shall meet the requirements of ASTM F477. All fittings and accessories shall be manufactured and furnished bythe pipe supplier and have bell and/or space configurations identical to that of the pipe. The cleanout box shall be a traffic rated precast concrete box, Christy B3 or equivalent. 13-07.3 Payment: Payment: Installation of Owner supplied and Contractor supplied pipe and conduit will be paid for at a lump sum price, which price shall include full compensation for furnishing all labor, materials, tools, equipment, and other Remediation System Installation —Ukiah Corp Yard 27 Spec. No. 10-15 incidental items necessary for doing all the work involved in installing all pipe and conduit, including fittings, sweeps, bends, reducer, connection to the existing sewer, and cleanout as shown on the Plans. 13-08. INSTALLATION OF WELL AND JUNCTION BOXES 13-08.1 General: The work encompassed by this section shall consist of performing all operations and furnishing all labor, tools, equipment, and incidentals as necessary for the installation of the well boxes for the dual phase extraction and ozone sparge wells and all the junction boxes for the piping and conduit. All boxes including covers will be provided by the Owner for the Contractor to install. 13-08.2 Materials: Well and junction boxes will be in accordance with the following. Note that all well and junction boxes will be provided by the Owner for installation by the Contractor. Ozone Sparge Well Boxes: All ozone sparge well boxes will be 18 -inch diameter traffic rated steel boxes and covers. Contractor shall install boxes over the existing ozone sparge well casings, installed by others, and as directed by the Engineer. Boxes shall beset flush with the existing finish grade. Concrete collars shall be placed at each box as indicated on the Plans. Temporary barriers shall be provided and placed by the Contractor in the trench at each box to contain the trench backfill (CDF) from entering the box. Dual Phase Extraction Well Boxes: All dual phase extraction well boxes will be 24 -inch by 24 -inch steel traffic rated boxes and covers. Contractor shall install boxes over the existing dual phase extraction well casings, installed by others, and as directed by the Engineer. Boxes shall be set flush with the existing finish grade. Concrete collars shall be placed at each box as indicated on the Plans. Temporary barriers shall be provided and placed by the Contractor in the trench at each box to contain the trench backfill (CDF) from entering the box. Junction Boxes: All junction boxes within trench sections will be 24 -inch by 24 -inch or 18 -inch diameter traffic rated steel boxes and covers. Junction box for the electrical services will be a 17 -inch by 30 -inch traffic rated concrete box. Contractor shall install boxes over the trench and piping and as directed by the Engineer. Boxes shall be set flush with the existing finish grade. Concrete collars shall be placed at each box as indicated on the Plans. Temporary barriers shall be provided and placed by the Contractor in the trench at each box to contain the trench backfill (CDF) from entering the box. 13-08.3 Measurement and Payment: Measurement: Well and junction boxes will be measured by each well or junction box installed for the various contract items of work. Payment: Well and junction boxes will be paid for at the contract unit price per each item, which price shall include full compensation for furnishing all labor, materials, equipment, tools, and incidentals necessary, and doing all the work involved in the well or junction box installation including setting the box, providing and placing the temporary barrier and concrete collar, and no additional allowance will be made therefore. 13-09. EQUIPMENT COMPOUND 13-09.1 General: The work encompassed by this section shall consist of performing all operations and furnishing all labor, tools, material, equipment, and incidentals as necessary for the construction of the equipment compound including surface preparation, concrete pad and curbing, chain link fencing and gates, sump, and provisions for pipe and conduit stub -ups. 13-09.02 Surface Preparation: The existing asphalt paving within the limits of the equipment compound (16'x 40') shall be removed by saw cutting. The existing soil and aggregate rock surface shall then be excavated to approximately 6 -inches below the existing surface, then the subgrade surface scarified, moisture conditioned, and compacted to a minimum 90 percent relative compaction. Compaction testing will be provided by the Contractor. 13-09.3 Concrete Pad and Curbing: Concrete for the pad and curbing shall be a minimum of 6 inches thick with reinforced with No. 4 bars at 18 -inches on center each way placed at mid -slab. The surface of the pad shall be sloped to the sump. The surface shall be finished with a light broom finish. Crack control joints shall be placed at Remediation System Installation —Ukiah Corp Yard 28 Spec. No. 10-15 i ten foot centers, maximum, and shall be scored in the slab. The scores shall be 1/8-inch wicM *� by 1 .5 inches deep The Contractor shall wet set up to fifteen 3 foot lengths of steel 1.625-inch square strums vertically at variouIE 1 locations within the concrete pad. Owner shall supply the strut and locations will be detemw-rnined in the field b'5 1 Engineer. The concrete ingredients and related materials shall conform to the following: Cement: The concrete shall be a Portland Cement mix using Portland Cement conforming —4c=� ASTM C150 with a= least 15% fly ash as a substitution for Portland Cement. The mix design shall be submitter-Ai to the Engineer fo ii approval. 1 Course Aggregate: Coarse aggregate shall conform to ASTM C33, paragraphs 6 through 9, r--mn odified as follows: 4m 1 clean, hard, fine grained, sound crushed rock, or washed gravel, or a combination of both, -IFree from oil, organ is matter or other deleterious substances, and which does not contain more than 2 percent 1111111=:�y weight of shale of (� cherty material. The gradation shall be determined by the supplier in order to meet the ;requirements of thi- Specification. All aggregates shall be thoroughly washed. Maximum aggregate size may be either 3/4", 1" or 1.5" Fine Aggregate: Fine aggregate shall conform to ASTM C33, paragraphs 2 through 5, rn =modified as follows: A washed natural sand having hard, strong, and durable particles and which does not contain rr ore than 2 percent by weight of such deleterious substances as clay lumps, shale, schist, alkali, mica, coated grains, or soft flaky particles. (� Water Reducing Admixture: A chemical water reducing admixture may be allowed, at the Contractor's option, if approved bythe Engineer. Include manufacturer's data on proposed admixture with mix des ign. Chemical water- reducing aterreducing admixture, if used, shall conform to ASTM A494. No admixture containing calcium �J-iloride shall be used f Water: Water used in the production of concrete shall not contain an amount of impurities th.-=-==-aL-t will cause a change-- in hangein the setting time of Portland cement nor a reduction in the compressive strength. The maxcimum water cement rratio shall be 50 percent. Concrete Strength: Concrete for the pad and curbing shall attain a minimum compressive sty-ength of 3,000 psi aif= 28 days, and shall contain not less than six sacks of cement per cubic yard. Maximum slum pw of the concrete shalI 1 be 4 inches, as determined in accordance with ASTM C-143. J Reinforcing Bars: Except as otherwise noted, use ASTM A 615, Grade 60, deformed for reg .enforcing bars #4 andl larger, and ASTM A 615, Grade 40 or 60 for #3 bars. As an option, ASTM A706 may b� used for any or all reinforcing steel bars. iJ Joint Filler: Crack control joint filler material shall be a flexible elastomeric sealant conform ir-i -� to ASTM D 1751 or D 1752. Filler shall extend full depth of the joint. Hardener/Sealer: As manufactured by Curecrete Chemical Co., Inc., Springville, Utah or approved equivalent. !\ J 13-09.4 Chain Link Fencing and Gates: Chain link fencing, ten feet in height, shall be furn Ji-K -shed and installed by the Contractor around the equipment compound as shown on the Plans. The fencing shall be� installed outside the concrete curbing. Privacy slats (color brown) shall be provided for the fence and gates. Line most spacing shall be 1 at eight feet, maximum. Two 8 foot swing gates and one 4 foot swing gate shall be provl wed. The fence and l related components shall conform to the following: Chain Link Fabric: Steel wire fabric shall be metallic-coated wire with a diameter of 0.192 ir- .ch, 2-inch mesh size with metallic (zinc) coated per ASTM A392, Type II. Posts and Rails: Posts and rails shall comply with ASTM F1043 for framing and ASTM F1 OEr.- for Group IC round 1 pipe, 50,000 psi yield strength with metallic coating. Provide top rail. Line posts shall b4E� minimum 2-inches J diameter and corner posts 2'/2-inches diameter. Gate posts shall be minimum 3-inches di. meter. Tension Wire: Provide horizontal tension wire at bottom of fence fabric. Wire shall be metal 3 �Iiiiiic coated 0.177-inch diameter, marcelled tension wire complying with ASTM A817 and ASTM A824 with metallic eating, Type II, Zn-5- AI-MM alloy. Swing Gates: Swing gates shall comply with ASTM F900 with galvanized steel metal pipe c-=-aa_m-id tubing complying with ASTM F1083 and ASTM A1043 for materials and protective coatings. Fabricate rn members from round, Remediation System Installation —Ukiah Corp Yard 29 Spec. No. 10-15 ten foot centers, maximum, and shall be scored in the slab. The scores shall be 1/8 -inch wide by 1.5 inches deep. The Contractor shall wet set up to fifteen 3 foot lengths of steel 1.625 -inch square strut vertically at various locations within the concrete pad. Owner shall supply the strut and locations will be determined in the field by Engineer. The concrete ingredients and related materials shall conform to the following: Cement: The concrete shall be a Portland Cement mix using Portland Cement conforming to ASTM C150 with at least 15% fly ash as a substitution for Portland Cement. The mix design shall be submitted to the Engineer for approval. Course Aggregate: Coarse aggregate shall conform to ASTM C33, paragraphs 6 through 9, modified as follows: A clean, hard, fine grained, sound crushed rock, or washed gravel, or a combination of both, free from oil, organic matter or other deleterious substances, and which does not contain more than 2 percent by weight of shale or cherty material. The gradation shall be determined by the supplier in order to meet the requirements of this Specification. All aggregates shall be thoroughly washed. Maximum aggregate size maybe either 3/4",1" or 1.5". Fine Aggregate: Fine aggregate shall conform to ASTM C33, paragraphs 2 through 5, modified as follows: A washed natural sand having hard, strong, and durable particles and which does not contain more than 2 percent by weight of such deleterious substances as clay lumps, shale, schist, alkali, mica, coated grains, or soft flaky particles. Water Reducing Admixture: A chemical water reducing admixture may be allowed, at the Contractor's option, if approved by the Engineer. Include manufacturer's data on proposed admixture with mix design. Chemical water reducing admixture, if used, shall conform to ASTM A494. No admixture containing calcium chloride shall be used. Water: Water used in the production of concrete shall not contain an amount of impurities that will cause a change in the setting time of Portland cement nor a reduction in the compressive strength. The maximum water cement ratio shall be 50 percent. Concrete Strength: Concrete for the pad and curbing shall attain a minimum compressive strength of 3,000 psi at 28 days, and shall contain not less than six sacks of cement per cubic yard. Maximum slump of the concrete shall be 4 inches, as determined in accordance with ASTM C-143. Reinforcing Bars: Except as otherwise noted, use ASTM A 615, Grade 60, deformed for reinforcing bars #4 and larger, and ASTM A 615, Grade 40 or 60 for #3 bars. As an option, ASTM A706 may be used for any or all reinforcing steel bars. Joint Filler: Crack control joint filler material shall be a flexible elastomeric sealant conforming to ASTM D 1751 or D 1752. Filler shall extend full depth of the joint. Hardener/Sealer: As manufactured by Curecrete Chemical Co., Inc., Springville, Utah or approved equivalent. 13-09.4 Chain Link Fencing and Gates: Chain link fencing, ten feet in height, shall be furnished and installed by the Contractor around the equipment compound as shown on the Plans. The fencing shall be installed outside the concrete curbing. Privacy slats (color brown) shall be provided for the fence and gates. Line post spacing shall be at eight feet, maximum. Two 8 foot swing gates and one 4 foot swing gate shall be provided. The fence and related components shall conform to the following: Chain Link Fabric: Steel wire fabric shall be metallic -coated wire with a diameter of 0.192 inch, 2 -inch mesh size with metallic (zinc) coated per ASTM A392, Type II. Posts and Rails: Posts and rails shall comply with ASTM F1043 for framing and ASTM F1083 for Group IC round pipe, 50,000 psi yield strength with metallic coating. Provide top rail. Line posts shall be minimum 2 -inches diameter and corner posts 2'/2 -inches diameter. Gate posts shall be minimum 3 -inches diameter. Tension Wire: Provide horizontal tension wire at bottom of fence fabric. Wire shall be metallic coated 0.177 -inch diameter, marcelled tension wire complying with ASTM A817 and ASTM A824 with metallic coating, Type II, Zn -5 - AI -MM alloy. Swing Gates: Swing gates shall comply with ASTM F900 with galvanized steel metal pipe and tubing complying with ASTM F1083 and ASTM A1043 for materials and protective coatings. Fabricate members from round, Remediation System Installation —Ukiah Corp Yard 29 Spec. No. 10-15 galvanized steel tubing with outside dimension and weight according to ASTM F900. Fabric height to be two inches less than adjacent fence height. Frame members shall be tubular steel, 1.90 inches round. Leaf width as specified on Plans. Latches shall be provided permitting operation from both sides of gate. Provide cane bolt installed on each gate leaf and tie back to secure gate in open position. Fabricate latches with integral eye openings for padlocking with padlock accessible from both sides of gate. Privacy Slats: Privacy slats shall be provided for fence and gates and be PVC, UV -light stabilized, color brown. Post Foundation: Posts shall have concrete footings, minimum 12 -inches in diameter, and minimum 2.5 feet deep. Install chain link fencing in compliance with ASTM F567. Apply fabric to outside of enclosing framework leaving f - inch between finish grade or surface and bottom selvage. Install gates according to manufacturer's written instructions, level, plumb, and secure for full opening without interference. Attach fabric as for fencing. Attach hardware using tamper-resistant or concealed means. Adjust hardware for smooth operation and lubricate where necessary. 13-09.5 Grated Sump: Sump shall be installed in the equipment compound to the dimensions shown on the Plans. Exact location to be determined by the Engineer. Sump can either be poured in place or a pre -cast drain inlet (Central Precast Model EK, or equivalent). Grate and frame shall be galvanized welded steel. 13-09.6 Measurement and Payment: Payment— Equipment Compound: The equipment compound will be paid for at a lump sum price, which price shall include full compensation for furnishing all labor, materials, tools, equipment, and other incidental items necessary for doing all the work involved in construction of the equipment compound, including surface preparation, concrete pad and curbing, chain link fencing and gates, grated sump, and coordination with pipe and conduit stub -ups, and no additional allowance will be made therefore. Measurement and payment for existing asphalt concrete removal will be included in the contract unit price paid for Pavement Removal and Disposal per Section 13-01. Measurement and payment for soil removal and disposal will be included in the contract unit price paid for Soil Removal and Disposal per Section 13-03. 13-10. STEEL PIPE BOLLARDS 13-10.1 General: Removal steel pipe bollards shall be installed adjacent to the equipment compound as shown on the Plans to protect the propane tank. Steel pipe shall conform to ASTM A53. Galvanizing, where called for in the Plans, shall be done after all fabrication is complete. The entire assembly shall be hot -dipped galvanized to not less than 2 ounces per sq. ft. Galvanizing shall conform to ASTM A123 or ASTM A153 as appropriate. 13-10.2 Measurement and Payment: Measurement: Removable steel pipe bollards will be measured by each bollard installed. Payment: Removable steel pipe bollards will be paid for at the contract unit price per each, which price shall include full compensation for furnishing all labor, materials, equipment, tools, and incidentals necessary, and doing all the work involved in the placing the steel pipe bollard, including footing excavation, concrete, steel pipe, steel pipe sleeve, and hardware, and.no additional allowance will be made therefore. 13-11. RELOCATE EXISTING WATER SERVICE 13-11.1 Description: The existing 1 -inch water service at the equipment compound shall be relocated as shown on the Plans. Pipe material shall be the same as the existing service. The trench detail shall be as shown on the Plans (12 inch width) except that the service shall be placed under the system piping/conduits with a minimum 6 - inches clearance. After installation, the existing water service piping shall be flushed and disinfected in accordance with AWWA C651. Remediation System Installation —Ukiah Corp Yard 30 Spec. No. 10-15 13-11.2 Measurement and Payment: Measurement: Relocation of the existing water service will be measured by the linear foot for the length of the service as measured along the ground surface. Payment: Relocation of the existing water service will be paid for at the contract unit price per linear foot of pipe installed, which price shall include full compensation for furnishing all labor, materials, equipment, tools, and incidentals necessary, and doing all the work involved including trench excavation, backfill, furnishing and installed pipe, connection to existing piping, cleaning, and disinfection, and no additional allowance will be made therefore. Saw cutting exiting asphalt and asphalt pavement replacement shall be paid for at the contract unit price for those items. 13-12. ELECTRICAL 13-12.1 General: Provide all labor, materials, equipment and services to construct and install complete new electrical systems and service as described herein and shown on the drawings. Contractor shall give all necessary notices, obtain all permits and pay all government taxes, fees and other costs in connection with this work. All equipment shall be listed, labeled or certified for its use by a nationally recognized testing laboratory. Unless otherwise indicated in the contract documents, all material and equipment furnished and installed under this contract shall be new, free from defects and shall be guaranteed for a period of one (1) year from the time of acceptance of the work. Good workmanship is paramount and shall be evidenced in the installation of all electrical materials and equipment. Equipment shall be level, plumb and true with the structure and other equipment. The right is reserved to inspect and test any portion of the equipment and/or materials during the progress of its erection to insure that the electrical equipment is installed correctly and that the wiring systems are free of all shorts, grounds and faulty connections, and have insulation resistance between conductors and ground of not less than the requirements of the national electrical code. Contractor shall allow a maximum time period of one month from the time the equipment compound is completed to when the electrical equipment, supplied by the Owner, can be connected. 13-12.2 Warranty and Guarantee: Warrant complete installation to be free from defects for one (1) year commencing from final inspection date. Any portion of the installation development defects within the one year period shall be replaced with identical or better equipment, materials, labor or parts including labor. The contractor shall be responsible for damages to his work during construction and until expiration of the guaranteed period. Repair all damage due to faulty workmanship, material or equipment, leaking pipes or other like causes. All damaged portions of the building, existing or new, surface or improvements, furnishings, equipment or material shall be restored to its original condition. 13-12.3 Standards: In addition to complying with pertinent standards, comply with pertinent recommendations contained in the National Electrical Manufacturer's Association (NEMA) and the underwriter's laboratories, inc. (UL) 13-12.4 Materials and Methods: Conduits and Raceways: Rigid galvanized steel conduit shall be used where subject to damage. Electrical metallic tubing (EMT) shall be used where allowed by the California Electrical Code (CEC). EMT shall be galvanized steel, thin wall meeting the requirements of ANSI Standard C80.3. Fittings and connectors shall be steel set screw type with insulated throat. Couplings shall be steel set screw type. The sizes of the conduits for the various circuits shall be as required by code for the size and number of conductors to be pulled therein. Contractor shall size all conduits to type thwn conductors unless otherwise specified. Open ends shall be capped with approved manufactured conduit seals as soon as installed and kept capped until ready to pull in conductors. Conductors (600 volt): Insulated wire conductors for circuit voltage, 600 volts or less, shall be stranded copper. Type THHN or THWN only. Aluminum wire is not acceptable for this work. Connector for copper branch circuit conductors shall be copper or tinned copper. Cable tags shall be pre -marked, self-adhesive, wrap-around cloth type, E -Z Code. Wire pulling lubricant shall be Y -ER -EAS, pblywater or equal. Make all copper conductor Remediation System Installation —Ukiah Corp Yard 31 Spec. No. 10-15 branch circuits and fixture joints for #10 AWG and smaller wire with UL approved terminals listed for 600 volts, approved for use with copper wire and for #8 AWG and larger, use screw pressure lugs. Minimum size of conductors: #12 AWG, unless otherwise indicated. Wiring within all equipment and panel enclosures shall be neatly grouped and laced or taped together. Grounding System: Ground and bonding conductors shall be soft -drawn, stranded copper conductors. Bonding conductors shall be in accordance with the most restrictive applicable code and as indicated on the drawings. Provide grounding and bonding in accordance with all requirements of CEC and other applicable codes, drawings and following descriptions. Codes shall be complied with as a minimum requirement with specifications prevailing when they are more stringent. Distribution Panelboard: Furnish dead -front panelboard incorporating switching and protective devices of the number, rating and type noted on the drawings. Panelboard shall have NEMA 3R enclosure. Panelboard shall be rated for the intended voltage and shall be also labeled where procedure exists. Panelboard shall comply with NEMA Standard PB101984. Interiors shall be completely factory assembled with switching and protective devices, wire connectors, etc. Wire connectors, except screw terminals, shall be of the anti -turn solderless type and all shall be suitable for copper wire of the sizes indicated. Branch circuit breakers be able to be mounted anywhere on bus structure without adding or changing connectors and mounting hardware. A nameplate shall be provided listing panel type and ratings. A nameplate shall be provided for each switching device, describing the equipment controlled by that device. Nameplates shall be laminated type with engraved, white, 1/4" high letters on black background. Fasten nameplates to panel with rivets. Bus bars for the mains shall be tin-plated aluminum, sized in accordance with underwriters' laboratories standards. Full size neutral bars shall be included. Include full size grounding bus bar in each panel. The short circuit rating of the assembled panelboard shall be in accordance with UL. Inc. Standards and their test verification. Phase bussing shall be full height without reduction. Cross and center connectors shall be tin-plated aluminum. Neutral bussing shall have a suitable lug for each outgoing feeder requiring a neutral connection. Ground bussing shall be similar. Spaces for future switching and protective devices shall be bussed for the maximum device that can be fitted into them. Circuit breakers shall be bolt -on thermo-magnetic molde-case type with a minimum rating equal to the available short circuit current. Enclosure shall be NEMA 3R. The framework shall be UL gauge steel and secured together to support all cover plates, bussing and component devices during shipment and installation. Formed removable closure plates shall be used on the front, rear and sides, closure plates are to be single tool screw removable. Hinged doors covering all switching device handles shall be included in all panel trims, except that panelboard having individual metal clad externally operable deadfront units may be supplied without such doors.Doors in panelboard trims shall conform to the following: 1. In making switching device handles accessible, doors shall not uncover any live parts. 2. Doors shall have cylinder lock and catch, except that doors over 48 in. Height shall have auxiliary fasteners at top and bottom of door in addition to cylinder lock and catch. All locks shall be keyed alike. The trims shall be fabricated from code gauge sheet steel. Trims for flush panels shall overlap the box by at least 3/4" all around. Surface trims shall have the same width and height as the box. Trims shall be mounted by a screwdriver without the need for special tools. 13-12.5 Installation of Materials and Equipment: General: Installation shall comply with the latest edition of NEC/CEC and other applicable state, local codes, rules and regulations. Installation shall comply with equipment manufacturers' instructions. Conduits and Raceways: Conceal all raceways unless noted. All conduits and raceways shall be securely fastened to the panelboard, junction boxes, terminals, etc., with two locknuts or other approved fittings, and the ends shall be equipped with insulating bushings as part of the fittings. Conduits shall be installed and supported in a rigid and satisfactory manner. Conduit system shall be electrically continuous with all boxes and conduits readily accessible. Provide nylon pull wires in all empty raceway systems. Flexible metal conduit shall be installed for motor, equipment as indicated and required. Wires and Cables: All wires and cables shall be hand -pulled with the exception of cables of size #1 AWG and larger. Where mechanical means are used to pull cables #1 and larger, a pulling lubricant shall be used. All Remediation System Installation —Ukiah Corp Yard 32 Spec. No. 10-15 splices of #8 AWG wire and smaller shall be made with "scotch-lok" solderless connectors. Terminations of #6 AWG wire and larger shall employ the use of solderless terminal lugs for stranded conductors. Distribution Panelboard: Panels shall be installed in interior dry locations unless otherwise noted. Panelboard cans shall be plumb, within 1/8" of vertical. Panelboard boxes shall be securely attached to or mounted on wall structures as shown on the drawing by the approved fasteners. Testing: Upon completion of the work, and as a condition for acceptance, test all components and systems in the presence of the owner's representative to demonstrate compliance with the specification. Provide tests as specified and as required by the code of enforcing authorities. Check all field connections prior to testing. Provide all required testing instruments and pay all costs for testing and for any resulting repair or replacement. Tighten all bolted connections and megger all equipment and bus prior to testing. Test wiring for continuity and improper ground, insulation resistance tests shall be conducted with a 500 volt megger with readings recorded after continuous voltage application of one minute. Values shall not run less than the following 1. #14 or #12 AWG conductor —1 megohm 2. #10 thru #6 AWG conductor —1/4 megohm 3. #4 or #2 AWG conductor — 50k ohms 4. #1/0 thru #4/0 AWG conductor — 25k ohms 5. 250 kcmil thru 750 kcmil —12k ohms 6. Test conducted with a ground megger between the ground bus and absolute earth shall not produce resistance in excess of 5 ohms. Test distribution panel with main disconnect open, branch circuits connected, wall switches closed, lighting fixtures and/or outlet permanently connected, without lamps for neutral ground, continuity and improper ground. 13-12.6 Payment: Payment — Electrical: Electrical will be paid for at a lump sum price, which price shall include full compensation for furnishing all labor, materials, tools, equipment, and other incidental items necessary for doing all the work involved in providing electrical service to the equipment compound, including furnishing and placement of conduit, fittings, outlet, panelboards, meter main, meter main support bracket, switches, trench backfill, installation of pull boxes, and connection to Owner supplied equipment within the equipment compound, and no additional allowance will be made therefore. Contractor shall allow a time period of one month from the time the equipment compound is completed to when the electrical equipment supplied by the Owner can be connected. The City of Ukiah will pay electric service costs directly to the City Electric Department. The Contractor will not be responsible to pay costs/charges to the City Electric Department. The City Electric Department will install conductors between the pole and the meter. Measurement and payment for existing asphalt concrete removal will be included in the contract unit price paid for Pavement Removal and Disposal per Section 13-01. Measurement and payment for soil removal and disposal will be included in the contract unit price paid for Soil Removal and Disposal per Section 13-03. Measurement and payment for asphalt concrete for trench replacement will be included in the contract unit price paid for Asphalt Concrete per Section 13-04. 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 No other exclusions. Remediation System Installation —Ukiah Corp Yard 33 Spec. No. 10-15 CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA PROPOSAL FOR REMEDIATION SYSTEM INSTALLATION — UKIAH CORPORATION YARD Specification No. 10-15 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 necessary to 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: Remediation System Installation —Ukiah Corp Yard 35 Spec. No. 10-15 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. Remediation System Installation —Ukiah Corp Yard 36 Spec. No. 10-15 Extended Bid Estimated Description and Unit Price Bid Total Item Quantity (in words and figures) Amount Saw Cuffing Existing Paving for the price per linear foot 1. 1,300 Lineart'XAAa �t S � 42l L 00 G' -1—cl � $ Feet ($ 2—S ) Pavement Removal and Disposal for the price per ton 2. 40 Tons $ "ovo • �� /� We _ ($ �� • ) Existing Utility Location for the price per each 3. $�• f7® 8 Each /►✓�' ($ ) Excavate, Trench, and Backfill (12" Trench Width) for the price per linear foot 4 420 Linear '� 6It ;,n Feet k �y ($ Excav te, Tre ch, and Backfill (18" Trench Width) for the price per linear foot 240 Linear 'I JAV 5. Feet $ ($ •) Excavate, Trench, anq Backfill (30" Trench Width) for the price per linear foot 6 75 Linear $ oo w Feet • Remediation System Installation —Ukiah Corp Yard 36 Spec. No. 10-15 7. 20 Tons Soil Remov4!And Disposal (Class 1 Disposal Facility) for the price per ton tiVo $Z.00 , 8. 55 Tons Soil Removal and Disposal (Class 2 Disposal Facility) for the price per ton '�` $� ($ 111,496) 9. 55 Tons Soil Remoyal and isposal (Class 3 Disposal Facility) for the price per ton '� , �p $ +4claw 10. 35 Tons sphalt Concrete Pavement Re lacemepnt for the price per ton LSA- *rU ($ 11. 28 Square Feet Concrete avement Replacement for the price per square foot $ I 12. 1 Lump Sum Pipe and Conduit Installation (City to Provide all Material Except Gravity Sewer Pipe .}}., j & Accessorie for the price per lump sum I IA I l�A t l�/'x vt 13. 15 Inst Instillation of 18" Rot - -und�Well_Box (City to Provide) for the price per each A2:t_, WW dA �i� ($ ,�/ r jLi ) 14. 15 Inslallation of�4" Square W/ 11 Box ( ity to Provide) for the price per each Uum AAA CE49 $ ($ ® ) 15. 1SumLump Equ' ment mpound for the rice per lump su I APA -4 — ($Scot/ 6 . �1 ) $2o��d C1� Remediation System Installation —Ukiah Corp Yard 37 Spec. No. 10-15 TOTAL• Total I.,:bunt in rds We, the undersigned, acknowledge that the City Council has reserved the right to reject any or all bids or to select the base bid plus any additive bid item or combination of additive bid items and to determine which proposal is, in its opinion, the lowest responsible bid of a responsible bidder and that which it deems in the best interest of the City to accept. We, the undersigned, further agree, if this proposal shall be accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar days after written notice that the contract is ready for signature; and, if the undersigned shall fail to contract, as aforesaid, it shall be understood that he or she has abandoned the contract and that, therefore, this proposal shall be null and void and the proposal guaranty accompanying this proposal, or the amount of said guaranty, shall be forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned. Witness our hands this day of L,CILLG 14 J3 , 20 JV Licensed in accordance with an act providing for the registration of California Contractors License No. ,:Z'd777 , expiration date THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER PENALTY OF PERJURY. Signajge of bidder or bidders, with business address, phone number and fax number: J q-/�'L�Ts Ls Wil/ � , �' 9V1 / Remediation System Installation —Ukiah Corp Yard 38 Spec. No. 10-15 Removable eel Pipe B lard fo the price peL each �$=nD) 17. 40 Linear Foot elocate Exis ing Water Service for the price per linear foot ($.���� ) 1 Lump18. Sum I Electrical forte price per lump sum /?—, l�t.t! L�wU - �$ •• to ) TOTAL• Total I.,:bunt in rds 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, it shall be understood that he or she has abandoned the contract and that, therefore, this proposal shall be null and void and 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 L,CILLG 14 J3 , 20 JV Licensed in accordance with an act providing for the registration of California Contractors License No. ,:Z'd777 , expiration date THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER PENALTY OF PERJURY. Signajge of bidder or bidders, with business address, phone number and fax number: J q-/�'L�Ts Ls Wil/ � , �' 9V1 / Remediation System Installation —Ukiah Corp Yard 38 Spec. No. 10-15 Notice: In the case of a corporation, give below the addresses of the principal office thereof and names and Remediation System Installation —Ukiah Corp Yard 39 Spec. No. 10-15 FAIR EMPLOYMENT PRACTICES CERTIFICATION TO: l _, Z,-, /y, /_ - ///�1'CL' /j, 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. REMEDIATION SYSTEM INSTALLATION — UKIAH CORPORATION YARD Xgnature of Bidder) Business Mailing Address: Business Location: (The bidder shall execute the certification of this page prior to submitting his or her proposal.) Remediation System Installation —Ukiah Corp Yard 40 Spec. No. 10-15 WORKER'S COMPENSATION CERTIFICATE I am aware of the provisions of Section 3700 of the Labor Code which require every employer 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 tl-2R4e, 2010 Signatur f Bidder, with Business Address: Own Remediation System Installation —Ukiah Corp Yard 41 Spec. No. 10-15 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 opportunity clause 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. Signature and address of Bidder: Dateze (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.) Remediation System Installation —Ukiah Corp Yard 42 Spec. No. 10-15 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. Remediation System Installation —Ukiah Corp Yard 43 Spec. No. 10-15 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. Remediation System Installation —Ukiah Corp Yard 44 Spec. No. 10-15 LEE HOWARD CONSTRUCTION PCOMPANY ,,70/1 Nei A1/4e I4 2005!-- 20,6-1 3900 PARDUCCI ROAD UKIAH, CA 95482 PH. 707-462-6944 Go/1L5�'�'�G7'ivtJ e- we v ; vL ! ,ray y��,, <.� l�L•, + / /Dz0 "Oo 79 r a S75, 04 Z-7 Cog. -.., 7 7 ........... w r" ve-- �iC.S T �rv' ()lJlv�, lv 7Zd• �� 6)"o - ----- - ----- a pip- Yew .Zow1f4 0 A��,940O�r: OS -, -.- -- - __-'__�__�_. . . ____ 4xi ' --- -' ---� -�-------------------'--------�-�°=���'7--'��-`----�'--------''�--------------- - �� �� '` -- --'------------� ...... - /7 � ---'—��-��f--�-��---�--------------------'-�===----------------------~--------'----�--------�----� --- , ___________�_____-_________ ^ , . e7Z) T- 455 ~7 � �~ � ux1 1 °� �� LOW�� � 0�� !u�x� `� _ _. �°�' ^�'--I_' SIGNATURE(S) OF BIDDER Accompanying this proposal is (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. =:�25Y& 7 -7 7 1 Signature(s) of Bidder:,/,- - idder: License Expiration Date 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 Attorney must 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: Remediation System Installation —Ukiah Corp Yard 45 Spec. No. 10-15 CITY OF UKIAH MOndocino County, California KNOW #LL MEN BY THESE PRESENTS, That we, an—Go Developers.Surety and Indemnity, Company as PRINCIPAL and as SURETY, are held and firmly bound unto the City ofJkllah in the penal sum of 10 PERCENT OF THE TOTAL AMOUNT OF THE BID of the Principal above named, suitted by Said Principal to the City of Ukiah, as the case maybe, for the work described below, for the payment ohick sur. in lawful money of the United States, well and truly to be made; to the City Clerk to which said bid s submitted, we bind ourselves, our heirs, executors, administrators and successors jointly and severa€ly, firmly these presents. In no case shall the liability of the surety hereunder exceed the sum of $ amouiit bid (19% of amount bid) THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the Principal has suiirnifted a above mentioned bid to the City of Ukiah, as aforesaid, for certain construction specifically described as folio s, for which bids are to be opened at the Office of the City Clerk, Ukiah Civic Center, Ukiah, California, on August 24,* for REMEDIATION SYSTEM INSTALLATION - UKIAH CORPORATION YARD. *2010 NOW; THEREFORE, if the aforesaid Princ pal is awarded the contract and, within the time and manner required under the specifications, after the prescribe forms are presented to him or her for signatures, enters into a written contract, in the prescribed form, In accorc ance with the bid and files two bonds with the City of Ukiah, one to guarantee faithful performance and the oll er to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void, herwise, it shall be and -remain in full force and virtue.. IN WITNESS WHEREOF, we have hereun{o set our hands and seals on this 23rd day of August A.D. 20 1Q (Seal) Developers Surety and Indemnity Company_ _(Seal) ~ (Seal) Stephen G. Roddie, Attorney -in -Fact (Seal). Surety — Address: 2999 Oak Road Suite 420 Walnut Creek, CA 94597 Remediation System Installation -Ukiah Corp Yard 46 Svec. No. 10.06 NON -COLLUSION 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 REMEDIATION SYSTEM INSTALLATION - UKIAH CORPORATION YARD by contract, being duly sworn, deposes and says: that he or she has not, either directly or indirectly, entered into any agreement, participated in anycollusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. Signature(s) of Bidder - •,/� Business Address: Place of Besid—eWce: NOTARIZATION �d Subscribed and sworn to before me this 3 day of A_, 2016 Notary Public in and for the Cou(y of / " `B d d c- 1'-) 0 , State of California. My Commission Expires T', a t� , 20 'VAN Po HENNESSEY � 0' COMM. # 1894233 g ^ NOTARY PUBLIC - CALIFORNIA ul m MENDOCINO COUNTY 0 g41FOO ' COMM. EXPIRES JULY 26, 2014 Remediation System Installation —Ukiah Corp Yard 47 Spec. No. 10-15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of C �Pt Cb@_I�` On -0 before me, lkw L_ C_[, T>e, ",P-L.l_A-eA Al&i ate Here Insert Name and Title of the OfflcErr personally appeared Name(s) of Signer(s) 1WMUM CotINIM • 1!1M N11n�liMNe • GMIMItb CMIn Cw1� who proved to me on the basis of satisfa tory evidence to be the personV whose nameW are subscribed tot within instrument and acknowledged Ome thats/tidy executed the same in h r/tllei�r authorized capacitypes), and that by her/their signaturefrs'j on the instrument the erson(� or the entity upon behalf of which the personKacted, 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. Signatur Place Notary Seal and/or Stamp Above Signal a of N ary 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: bmJ ( LVL 'TIIiL1) Document Date: P_9 24 Number of Pages: '1— Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here El Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ❑ Corporate Officer— Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing ©2008 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 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: ***Stephen G. Roddie, Robin S. Westfall, Tanya Chinchilla, 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 Attorneys) -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 allomey(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. By Stephen T. Pate, Senior Vice President ,` � ©{,p0k., Orr W p OT, By: �y :e�': 1936 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) JENNY TT WUM COMM. # 1791640 NOTARY PUBLIC CAUFOAM ORANGE COLON My comm, w Ores FW 10%, 2112 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 histherltheir authorized capacity(ies), and that by hislherltheir 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, the23 rdday of Augus t 2010. By: Albert Hillebrand, Assistant Secretary I D-1380(Wet)(Rev.07107) CITY OF UKIAH Mendocino County, California AGREEMENT FOR REMEDIATION SYSTEM INSTALLATION - UKIAH CORPORATION YARD Specification No. 10.15 THIS AGREEMENT, made this 'V day of , 20_!/OL, by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and Let P,010W 4XIS1 L d hereinafter called 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 for the 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 Remediation System Installation —Ukiah Corp Yard 48 Spec. No. 10-15 Article 11. 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 necessary to 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 1735 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 authorityas 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. Remediation System Installation -Ukiah Corp Yard 49 Spec. No. 10.15 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 by law. 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 minorityworkers 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 1 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. Remediation System Installation —Ukiah Corp Yard 50 Spec. No. 10-15 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 X9 day ofL. ,20 /d . CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA By: Attest: By: Attest: Title: ITY OF UKIAH 0 CITY OF UKIAH The foregoing contract is approved as to form and legality this LO � day of - , 20 -t . ca.-/ 3Z� CITY A RNEY, CITY OF KIAH Remediation System Installation —Uldah Corp Yard 51 Spec. No. 10-15 INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and entered in Ukiah, California, on , 20 , by and between the City of Ukiah (Ukiah) and Lit- Hou%rl evxst Co. ��y✓ (Contractor). Contractor is ? D p s 6 I % /1OW or 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. Indemnffication. Contractor shall indemnifyand 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. CONTRACTOR BY: TITLE:<� C� Remediation System Installation —Ukiah Corp Yard 52 Spec. No. 10-15 DUPLICATE ORIGINAL PREMIUM IS BASED ON THE FINAL CONTRACT AMOUNT Bond Number: 723884P CITY OF UKIAH Premium: $2,779.00 Mendocino County, California FAITHFUL PERFORMANCE_ BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, AS PRINCIPAL, and Lee Howard Construction Company Developers Surety and Indemnity Company AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the NCV, in the penal sum of Ninety-two Thousand, Six Hundred Thirty Six dollars ($ 92,636.00 -------- --- for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. WHEREAS, the Principal has entered into a certain Contract with the City, dated September, 20110 a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that ii the Principal shall in all respects fullyperform the Contract and all dulyauthorized modifications thereof, during its original term and any extensions thereof that may be granted and during anyguaranty period forwhldh 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 attomeys 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 theContract 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 anyforbearance on the pad of the City "I in any way release the Principal or the Surety from Ilabllity 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 theirseals hereto, this 3rd day of September ,Q0 10 In the presence of.- WITNESS: f:WITNESS: (SEAL) (Individual Principal) (Business Address). (City/Statealp Code) Ramedlation System hstalla*m -Uldah Omp Yard W Spec. No. 10-15 `a WITNESS: (SEAL) (Corporate Principal) (Bu ess Address) (City/StateMp Code) ATTEST: Lee 5oward Construction Company (Corporate Principal) Affix Corporate 3900 PARDUCCI RD Seal (Business Address) UKIAH, CA 95482 (City/State0p Code) Developers Surety and Indemnity Company Stephen G. R ddie, Attorne -in-Fact ATTEST: By. Affix (Corporate Surety) Corporate 17780 Fitch, Suite 200. Seal (Business Address) Irvine, CA 92614 (City/State/Zip Code) The rate of premium. on this bond is $ 30.00 per thousand. The total amount of premium charges is $ 2779.00 (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, , certify that I am the Secretary of the corporation named as Principal in the foregoing bond; that . who signed the said bond on behalf of the Principal, was then of said corporation; that I know his signature, and that his signature thereto is 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. Remedlatlon System Installatlon —Ukiah Corp Yard 54 Affix Corporate Seal Spec.. No.10-16 ri CALIFORNIA ■ ■ ■•• ACKNOWLEDGMENT , ei' Y .A'' d" `. .s7 ,• . "a/ •.. :7" a>' �' aYY sY eY" � S➢Y" �.LY" e7;"!7"s7i`",fls" a" ayY�t3', e7' STATE OF CALIFORNIA County of Contra Costa On September 9, 2010 before me, Tanya Chinchilla Notary Public , Date Here Insert Name and Title of the officer personally appeared Stephen G. Roddie Name(s) of Signer(s) . �cd'4,aP.k.eAlvdil.>4wC+a�.,A..sfi�:.p' . TANYA CHINCHILLA oti.I Commission # 1766638 y California a . Notar Public Contra Costa Ires Se 9, 2011 County Comm. Ex who proved to me on the basis of satisfactory evidence to be the persons) -whose name(sj is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/het=/their authorized capacity(aesj, and that by his/he-r/their signature(s)-on the instrument the person(sr, r the entity upon behalf of which the person(&)– 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 ha d and official sea Signature Place Notary Seal Above Signure of o ary P pli 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: Bond Number 723884P Document Date: September 3, 2010 Number of Pages: 2 Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Stephen G. Roddie ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General G6 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Developers Surety and Indemnity Company Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: DUPLICATE ORIGINAL Bond Number: 723884P Premium is included in the Performance Bond CITY OF UKIAH Mendocino County, California MATERIAL ANI) LABOR BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, . Lee Howard Construction Company 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 Ninety Two Thousand; Six Hundred Thirty Sixdollars ($ 92,636.00-------- for the payment of which sum we bind ourselves, our heirs, executors, administrators and successors, jointly and severally. WHEREAS, the Principal has entered Into a certain Contract with the City, dated September 2010 a copy of which is hereto attached and made a part hereof, 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 satisfyali 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 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 motorfuels 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 tern thereof, nor any forbearance on the part of the Cftyshall 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 3rd day of September .2Q to In the presence of: WITNESS: (SEAL) (Individual Principal) (Business Address) (City/State/Zip Code) Remediation System iruftuat on -wah corp Yard b5 Spec. No. 10-15 Lee Howard Construction Company WITNESS: (SEAL) (Corporate rincipal) 3900 PARDUCCI RD (Business Address) LKIAH,. CA 95482 (City/StateMp Code) ATTEST: The rate of premium on this bond is $ 30.00 per thousand. The total amount of premium charges is $ 2779.00 ------------------------ (The above is to be filled in by SuretyCompany). (Power of Attomey of person signing for Surety Company must be attached). (CERTIFICATE AS TO CORPORATE PRINCIPAL) I, , certlythat I am the Secretary of the corporation " named as Principal in the foregoing bond; that who signed the said bond on behalf of the Principal, was then of said corporation; that I know his signature, and that his signature thereto is 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 .Ftemediatlon System Installation —Ukiah Corp Yard 56 Spec. No. 10-15 (Corporate Principal) Affix Corporate Seal (Ifusiness Address) (City/State2ip Code) Developers Surety and Indemnity Company ATTEST: Stephen G. Rodd' ,Attorney -in- ct By. �ffix (06rporate Surety) Corporate 17780 Fitch Suite 200 Seal (Business Address) Irvine, CA 92614 (City/State/Zip Code) The rate of premium on this bond is $ 30.00 per thousand. The total amount of premium charges is $ 2779.00 ------------------------ (The above is to be filled in by SuretyCompany). (Power of Attomey of person signing for Surety Company must be attached). (CERTIFICATE AS TO CORPORATE PRINCIPAL) I, , certlythat I am the Secretary of the corporation " named as Principal in the foregoing bond; that who signed the said bond on behalf of the Principal, was then of said corporation; that I know his signature, and that his signature thereto is 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 .Ftemediatlon System Installation —Ukiah Corp Yard 56 Spec. No. 10-15 CALIFORNIA ALL-PURPOSE � > ar �; •- a� �• �• `d a7 '�Yx cJ• � �'' `�'x"aY' .�>� x� na'. a7r-�r.-�.��' eT- 'r7> eyx�-rr si STATE OF CALIFORNIA County of Contra Costa On September 9, 2010 before me, Tanya Chinchilla, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen G. Roddie Name(s) of Signer(s) ---a-- - w ., TANYA CHINCHILLA Commission # 1766638 `6 z ;�� Notary Public - California. n Contra Costa County Comm. Ex res Se 9, 2011 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the personj*whose name(s-)-is/are-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herAheir< authorized capacity(ie and that by his/hef' Meir signature(s)-on the instrument the person(-sj; or the entity upon behalf of which the person*— 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 sea. Signature ign ture of Nothry 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: Bond Number 723884P Document Date: September 3, 2010 Number of Pages: 2 Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Stephen G. Roddie ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General 19 Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator ❑ Other.: ❑ Other: Signer Is Representing: Developers Surety and Indemnity Company 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: ***Stephen G. Roddie, Robin S. Westfall, Tanya Chinchilla, 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 Attomey(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 attomey(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: ��/ T�� x�..0-•� .ti.�:� pian ?ANY f4;a Stephen T. Pate, Senior Vice President 012p� bq�, ,,oyCsQ: •D�p k4 aG QPPOgy �, E� it O OCT. OCT: 5 y w � 10 BY: 1936 1967 � Charl es L. Day, Assistant Secretary � �•.• .' b ;' � n �P �• 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) JENNY `t`t" NGUM comm. # 17916 WY ARY PUBLIC MEOW ORANGE CWM trty comm. a res Fah,1;�?,titZ s Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within Instrument and acknowledged to me that helshe/they 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 The undersigned, as Assistant Secretary, of DEVELOPERS SURETYAND 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 3rd day of September 2010• 1lbert Hillebrand, Assista�ecretay���A ID-1380(Wet)(Rev.07107) es L. Day, Assistant Secretary � �•.• .' b ;' � n �P �• 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) JENNY `t`t" NGUM comm. # 17916 WY ARY PUBLIC MEOW ORANGE CWM trty comm. a res Fah,1;�?,titZ s Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within Instrument and acknowledged to me that helshe/they 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 The undersigned, as Assistant Secretary, of DEVELOPERS SURETYAND 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 3rd day of September 2010• 1lbert Hillebrand, Assista�ecretay���A ID-1380(Wet)(Rev.07107) I� DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND 1. Individual sureties, partnerships, or corporations not in the surety business will not be acceptable. 2. The name of the Principal shall be shown exactly as it appears in the Contract. 3. The penal sum shall not be less than required by the Specifications. 4. If the Principals are partners or joint ventures, each member shall execute the bond as an individual and state his place of residence. 5. If the Principal is a corporation, the bond shall be executed under its corporate seal. If the corporation has no corporate seal, it shall so state and affix a scroll or adhesive seal following the corporate name. 6. The official character and authority of the person(s) executing the bond for the Principal, if a corporation, shall be certified by the Secretary or Assistant Secretary thereof under the corporate seal, or copies attached to such records of the corporation as will evidence the official character and authority of the officer signing, duly certified by the Secretary or Assistant Secretary, under the corporate seal, to be true copies. 7. The current power-of-attorney of the person signing for the surety company must be attached to the bond. 8. The date of the bond must not be prior to the date of the Contract. 9. The following information must be placed on the bond by the surety company: a. The rate of premium in dollars per thousand; and b. The total dollar amount of premium charged. 10. The signature of a witness shall appear in the appropriate place attending to the signature of each party of the bond. 11. Type or print the name underneath each signature appearing on the bond. 12. An executed copy of the bond must be attached to each copy of the Contract (original counterpart) intended for signing. Remediation System Installation —Ukiah Corp Yard 57 Spec. No. 10-15 CITY OF UKIAH Mendocino County, California DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND KNOW ALL MEN BY THESE PRESENTS, That we, as PRINCIPAL an as SURETY, are held and firmly bound unto the City of Ukiah as Obligee, in the penal sum of (5 PERCENT OF THE FINAL CONTRACT AMOUNT) to which payment well and truly to be made, we do bind ourselves, our and each of our heirs, executors, administrators successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a Contract with the City Of Ukiah dated for WHEREAS, said Contract has been completed, and was approved on the day of , NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall guarantee that the work will be free of any defective materials or workmanship which become apparent during the period of one (1) year following completion of the Contract, then this obligation shall be void, otherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the surety assumes no liability for such a guarantee. Signed, sealed, and dated this day of , 20 BY: l Principal BY: Surety 1 Seal) Remediation System Installation —Ukiah Corp Yard 58 Spec. No. 10-15 APPENDIX A CONSTRUCTION PLANS FOR A DUAL PHASE EXTRACTION AND OZONE SPARGE REMEDIATION SYSTEM Remediation System Installation —Ukiah Corp Yard 59 Spec. No. 10-15 R� CERTIFICATE OF LIABILITY INSURANCE OF ID MH s - LEEHO-1 DATE(MM/DD/YYYY) 1 09/14/10 PRODUCER NorthWest Insurance Agency -SR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Agency License #0580581 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 1180, 418 B Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Rosa CA 95402-1180 DATE (MM/DD/YYYY) Phone: 707-573-1300 Fax: 707-573-0313 INSURERS AFFORDING COVERAGE NAIC 9 INSURED INSURER A: Allstate Insurance Company 19232 INSURER B: Financial Pacific INSURER C: Lee Howard Construction Co. 3900 Parducci Road Ukiah CA 95482 INSURER D: INSURER E: X COMMERCIAL GENERAL LIABILITY CLAIMS MADE Fx_1 OCCUR COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YYYY) DATE (MM/DD/YYYY) LIMITS 11 GENERAL LIABILITY EACH OCCURRENCE $1,000,000 B X X COMMERCIAL GENERAL LIABILITY CLAIMS MADE Fx_1 OCCUR 173303F 09/16/10 09/16/11 PREMISESOE oocurDence $50,000 MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG s2,000,000 POLICY jEa LOC A X AUTOMOBILE X LIABILITY ANY AUTO 048182820 09/16/10 09/16/11 COMBINED SINGLE LIMIT $ 1000000 (Ea accident) r ! ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per person) BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ ANY AUTO EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR EICLAIMS MADE AGGREGATE $ $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? TORY LIMITS I I ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Certificate holder is named as an Additional Insured With respects to General Liability per Form CG 2010 01/08 Modified and Auto Liability per Form SU1985 1003 attached. *10 day notice of cancellation for non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION MSC -01 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Ukiah IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Department of Public Works 300 Seminary Ave. REPRESENTATIVES. A; D REPRESENTATIVE Ukiah CA 95482 r1 ACORD 25 (2009/01) The ACORD name and logo are registered marks of ACORD (;PAIIState. Yaw«mowranft CERTIFICATE OF INSURANCE ALLSTATE INSURANCE COMPANY HOME OFFICE - NORTHBROOK, IL 60062 hereby certifies that the following insurance is in force: POLICYHOLDER POLICY NUMBER LEE HOWARD CONSTRUCTION 048182820 BAP 3900 PARDUCCI RD UKIAH, CA 95482-3046 —...... .............The person.or.organization designated below is described in the policy as: CITY OF UKIAH DEPT OF PUBLIC WORKS 300 SEMINARY DRIVE UKIAH, CA 95482-5400 Coverages designated are afforded as stated below: EFFECTIVE DATE OF CERTIFICATE 09/16/10 POLICY PERIOD 09/16/10 TO 09/16/11 AT 12:01 A.M. STANDARD TIME LIENHOLDER (Loss Payable Clause) ADDITIONAL INTERESTED PARTY X ADDITIONAL INSURED X CERTIFICATE HOLDER Basis of Coverage: LIMITS OF LIABILITY $ 1,000,000 COMBINED SINGLE LIMITS X ANY "AUTO" OWNED "AUTOS" ONLY SPECIFICALLY DESCRIBED "AUTOS" HIRED "AUTOS" ONLY NONOWNED "AUTOS" ONLY OWNED PRIVATE PASSENGER "AUTOS" ONLY OWNED "AUTOS" OTHER THAN PRIVATE PASSENGER OWNED COMMERCIAL "AUTOS" ONLY To the person or organization stated above: This policy, as respects the interest of the loss payee, additional Interested party, additional insured or certificate holder named herein, may be cancelled by the Company during the policy period by giving such person or organ- ization 10 days written notice at its last address known to the Company. Proof of such mailing is deemed sufficient proof of such notice. This Certificate of Insurance neither affirmatively nor negatively amends, extends or alters the coverage afforded by the policy referred to above. 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