SCHUERING ZIMMERMAN & DOYLE - Laserfiche WebLink

1. Consultant shall post a performance bond with the City to guarantee monitoring well plugging and surface restoration at the termination of this Agreement in generally the form as shown in the attached Exhibit B, subject to modification in the reasonable satisfaction of the City Engineer or his or her designee, and the City Attorney. The obligation secured by the performance bond shall be continuous in form, and only exonerated and released upon: (i) City's acceptance of Consultant's plugging of monitoring well holes and surface restoration; or (ii) Consultant substitutes another acceptable security as determined by the City Engineer or his or her designee. 2. Consultant shall warrant all monitoring well plugging and surface restoration done under this Agreement against all defects in materials and workmanship for a period of 12 months following City's acceptance. If any defects occur within said 12 months, Consultant shall be solely responsible for the correction of those defects. b. Consultant hereby acknowledges that abandonments or removals can be regulated by Alameda County Public Works Agency, Alameda County Flood Control and Water Conservation District - Zone 7, and the Regional Water Quality Control Board, and all work shall also be subject to and predicated on receipt of permits issued by these agencies, as applicable. C. Except under emergency circumstances, in which the timeframe for the removal of the Project and the restoration of the Right of Way, PSE, public parks and any adjacent property shall be determined by City, Consultant shall remove the Project and restore the Right of Way, PSE, public parks and any adjacent property within sixty (60) days after: (a) the above -referenced San Francisco Bay Regional Water Quality Control Board (RWQCB) case has been completed and no further monitoring is required by the RWQCB; or (b) written notice has been sent by City to SZD and Consultant. d. If Consultant abandons the Project, if Consultant fails to remove the Project pursuant to this Agreement or the City's instructions, or Consultant fails to restore, to the City's reasonable satisfaction, the Right of Way, PSE, public parks or any adjacent property which has been affected by the Project to as good a condition as they were in at the time of the construction of the Project, City may cause the removal of the Project and the restoration of the Right of Way, PSE, public parks and any adjacent property which has been affected by the Project, at the sole expense of Consultant. City shall in no manner be liable to SZD or Consultant for any damage sustained by SZD or Consultant, and such removal or restoration shall in no manner prejudice or impair any right of action for damages, or otherwise, that City may have against Consultant. e. The City, SZD and Consultant agree that for Project removal and restoration, the City shall consider Consultant as the responsible party to complete such work. 6. NO INTERFERENCE WITH CITY'S OPERATION. a. The Project shall be constructed, installed, maintained, repaired and operated in such manner as to cause no interference with the constant, continuous and uninterrupted use of the Right of Way, PSE, and public parks and Consultant shall do nothing to impair the safety thereof. Consultant shall not interfere with any existing City or public utility or other City system .19