3B Public Hearing 2008 0915 - Laserfiche WebLink

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(a) Payment Bond and Performance Bond: Prior to the commencement of construction, Siemens shall provide a Performance Bond and a Payment Bond, each in an amount equal one-hundred percent (100%) of the price relating to the construction component of the Work, as financial security for the faithful performance and payment of its obligations hereunder. Only bond forms provided by the City shall be acceptable. The Performance Bond and Payment Bond shall remain open until Acceptance of the Work as been achieved. The Performance Bond and the Payment Bond will solely apply to the Work performed during the execution of Work in Exhibit A-1 and to the required statutory lien filing period thereafter. The Performance Bond and the Payment Bond will not apply to any of the obligations included in Exhibit C, Performance Assurance. If requested by City, City's lender shall be added as a co-obligee on any Performance Bond issued to Siemens hereunder. (b) Costs of Providing Bonds: The cost and expense of obtaining and maintaining the Bonds required under this Section as security for the performance of Siemens' obligations hereunder shall be borne by Siemens and included in the not-to-exceed amount specified in Section 4 without reimbursement from the City. 5.20 System Outage Requests. If during the course of its Scope of Work, Siemens plans a sewage release, then Siemens shall manage all flows in the Work area and notify the City through a SYSTEM OUTAGE REQUEST (SOR). Siemens shall submit the included SOR form (See Appendix 2-1) on a weekly basis to the City at least 48 hours prior to commencing the System Outage. All System Outage Requests shall include a sketch of the affected areas, bypass and plugging plans, flow and volume calculations, and a schedule of downtime and service restoration. At least 30 minutes prior to concluding a System Outage, Siemens shall again contact the City and the WPCP. Siemens shall control the release of any sewage volumes stored in the system. No great rush of flows shall be allowed in any part of the system. Siemens shall be responsible for any damage caused by the uncontrolled discharge of high flows. Siemens shall beheld responsible for overburdening the sewer collection system and WPCP causing the discharge of sewage into the environment. Additionally, Siemens shall reimburse the City for any fines levied by regulatory agencies due to spills, backups, or overflows resulting from Siemens' failure to comply with the requirements herein. WPCP Phone Numbers: Monday- Friday 7:00 a.m. to 4:00 p.m. (510) 577-3434 After Hours (510) 577-3459 CITY'S RESPONSIBILITIES. 6.1 The City shall: WPCP Cogeneration 090808 -Page 14 of 60